NOTICE OF MOTION
Dayanath S. MishraVsMHADA And Ors
CNR MHCC0100957720199-COURT 09 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 30th September 2022
TrustJury record updated 22 Sept 2026
Case Overview
- Registration Number
- 103512/2019
- Registration Date
- 20 Sept 2019
Advocates
1For Petitioner
For Respondent
Not available
Parties
2Petitioner
Respondent
Acts & Sections
1Protection of Women from Domestic Violence Act · Sec 9
Case History / Proceedings
Case History
Date: 07-12-2019 Business: Adv. Mishra for plaintiff is present. He tendered registered NM No. 3512/19 a/w affidavit in support. Matter adj for affidavit of service to 15/02/2020 Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 15-02-2020 Date: 15-02-2020 Business: None present for plaintiff . Matter is adjd. for proof of service of N/M to 16/04/2020 Next Purpose: SERVICE Next Hearing Date: 16-04-2020 Date: 16-04-2020 Reason For Adjournment: National Lock Down Next Purpose: SERVICE Next Hearing Date: 05-05-2020 Date: 05-05-2020 Next Purpose: SERVICE Next Hearing Date: 27-05-2020 Date: 27-05-2020 Reason For Adjournment: National Lock Down Next Purpose: SERVICE Next Hearing Date: 12-06-2020 Date: 12-06-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: SERVICE Next Hearing Date: 13-07-2020 Date: 13-07-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: SERVICE Next Hearing Date: 23-10-2020 Date: 23-10-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: SERVICE Next Hearing Date: 15-02-2021 Date: 15-02-2021 Business: Adv. Ms. Nilam Shaha for plaintiff. Matter is adjd. to 30/03/2021 for filing affidavit of service. Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 30-03-2021 Date: 30-03-2021 Business: Due to SOP only urgent matter are taken up. Hence, the Board is discharged. Matter is adjd. to 28/06/2021 for service. Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 28-06-2021 Date: 28-06-2021 Business: due to covid-19 Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 05-08-2021 Date: 05-08-2021 Business: Court is on leave Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 20-09-2021 Date: 20-09-2021 Business: None present. Matter is adjd. to 17/11/2021 for service. Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 17-11-2021 Date: 17-11-2021 Business: As Court is busy in hearing, arguments in NM, SU 1954/21 on the board. Hence, board is discharged and matter adjourned. Matter is adjd. to 24.01.2022 for affidavit in service. Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 24-01-2022 Date: 24-01-2022 Business: wrongly on board. Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 25-01-2022 Date: 25-01-2022 Business: Due to SOP only urgent matters are taken up Matter is adjd. to 01.04.2022 Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 01-04-2022 Date: 01-04-2022 Business: As Court is busy in hearing argument SU 1340/20 and recording evidence in SU 2010/10. Matter is adjd. to 22.06.2022. Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 22-06-2022 Date: 22-06-2022 Business: None present for plaintiff. Adv.Mangal Kadam for defendant/MHADA present. Matter is adjd.to 05-08-2022 for filing service affidavit. Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 05-08-2022 Date: 05-08-2022 Business: None present for plaintiff. Adv. Mangal Kadam for defendant/MHADA present. Perusing record it appears that, the plaintiff not filed service of affidavit of NM since long. It appears that plaintiff does not want to proceed with this matter. Hence, fixed for dismissal of NM. Matter is adjd. to 05.09.2022 for NM dismissal. Next Purpose: NM FOR DISMISSAL Next Hearing Date: 05-09-2022 Date: 05-09-2022 Business: None present for plaintiff Adv. Mangal Kadam for defendant/MHADA present. The plaintiff not filed service affidavit since long. One more chance is given to plaintiff to comply the service affidavit. If he failed to file service affidavit on next date NM will dismiss. Matter is adjd. to 30.09.2022 for NM dismissal. Next Purpose: NM FOR DISMISSAL Next Hearing Date: 30-09-2022 Date: 30-09-2022 Business: Adv. Mangal Kadam for defendant/MHADA present. Perusing record, it appears that the plaintiff has filed this NM No. 3512/2019 for restoration of the suit on 09.09.2019. The suit was dismissed for default on 09.08.2019. After filing this NM No.3512/2019 the Advocate of the plaintiff only remain present on 15.02.2021, but she has not complied and served the copy of NM No.3512/2019 to other party. Since then the plaintiff is absent for compliance i.e. filing service affidavit. Therefore, the NM was fixed for dismissal on 05.08.2022 and thereafter 05.09.2022 on that day also the plaintiff failed to file service affidavit and remain present for compliance. Today also till 3.45 pm the plaintiff is absent for compliance. It appears that plaintiff does not want to proceed with this NM. Hence, this NM No. 3512/2019 is dismissed for want of compliance. Nature Of Disposal: DISMISSED Disposal Date: 30-09-2022
Additional Case Details
Additional Case Details
Filing Number: 110200/2019 Filing Date: 20-09-2019 First Hearing Date: 07th December 2019 Decision Date: 30th September 2022 Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE
Orders
1Final Order 130 Sept 2022
30 Sept 2022
Order Details: Notice of Motion Pdf Text: Adv. Mangal Kadam for defendant/MHADA present. Perusing record, it appears that the plaintiff has filed this NM No. 3512/2019 for restoration of the suit on 09.09.2019. The suit was dismissed for default on 09.08.2019. After filing this NM No.3512/2019 the Advocate of the plaintiff only remain present on 15.02.2021, but she has not complied and served the copy of NM No.3512/2019 to other party. Since then the plaintiff is absent for compliance i.e. filing service affidavit. Therefore, the NM was fixed for dismissal on 05.08.2022 and thereafter 05.09.2022 on that day also the plaintiff failed to file service affidavit and remain present for compliance. Today also till 3.45 pm the plaintiff is absent for compliance. It appears that plaintiff does not want to proceed with this NM. Hence, this NM No. 3512/2019 is dismissed for want of compliance. -- 1 of 1 --
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