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NOTICE OF MOTION

Smt. Usha Balasaheb KhandagaleVsGajanan Sadashiv Pawar And Ors

CNR MHCC0100964720199-COURT 09 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 15th January 2020

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
103540/2019
Registration Date
21 Sept 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 16-11-2019
    Business: Court is on leave.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 21-12-2019
    
    Date: 21-12-2019
    Business: Adv. Ms. Swati Margi for plaintiff present and submitted that, the copy of n. m. reply filed by defendant no.8 is not served upon plaintiff.
    Adv. Mr. Khan Javed for defendant present and filed register notice of motion no. 3540/2019 alongwith affidavit t.o.r.
    Case is adjourned 15/01/2020 to for reply to n. m.3540/2019 and hrg. On n.m. no. 705/2019.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 15-01-2020
    
    Date: 15-01-2020
    Business: Adv. Mr. R. A. Shaikh with Swati Mandke for Plaintiff present
    Advocate Mr. Yadav for Defendant no.1 to 7 present
    Son of Defendant no.8 present and requesting to keep the matter back.
    L.O.  Same appearance.  Advocate for Defendant no.8 absent.
                          ORDER ON NM 3540/19
    This Notice of Motion is taken out for condonation of delay caused for filing Written Statement of Defendant no.8 Bharat Maniyar however on perusal of Notice of Motion it is noticed that said Notice of Motion is taken out by advocate Mr. Khan Javed Akhtar showing him as advocate of Plaintiff. Even though, it may be typed mistake, it is a serious mistake, because in future anyone will have to impression that Plaintiff will have requested the court to condone the delay caused for filing Written Statement by Defendant no.8 and there will be impression that Plaintiff has requested the court to accept Written Statement of Defendant no.8.  Inspite of calling out advocate for Defendant no.8 since 3.00 p.m. till 4.40 p.m., advocate for Defendant no.8 has not turned to the court and representative of Defendant no.8 is repeatedly said that his advocate is going to come to this court.  In such circumstances, I find that Notice of Motion no.3450/19 is necessary to be dismissed. Hence, Notice of Motion no.3450/19 stands dismissed/disposed off.  It is made clear that, if, Defendant no.8 will file fresh Notice of Motion for condonation of delay leave will be granted by the court.
    Advocate for Defendant no.1 to 7 submitted that Defendant nos.1 to 7 will take necessary steps for setting aside exparte order passed against those Defendants.  Considering submissions adjourned.
    Case is adjourned to 05/03/2020 for hearing of Notice of Motion no.705/19.
    Nature Of Disposal: DISMISSED
    Disposal Date: 15-01-2020

    Additional Case Details

    Additional Case Details
    Filing Number: 110222/2019
    Filing Date: 21-09-2019
    First Hearing Date: 16th November 2019
    Decision Date: 15th January 2020
    Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    15 Jan 2020

    Order Details: Notice of Motion Pdf Text: Adv. Mr. R. A. Shaikh with Swati Mandke for Plaintiff present Advocate Mr. Yadav for Defendant no.1 to 7 present Son of Defendant no.8 present and requesting to keep the matter back. L.O. Same appearance. Advocate for Defendant no.8 absent. ORDER ON NM 3540/19 This Notice of Motion is taken out for condonation of delay caused for filing Written Statement of Defendant no.8 Bharat Maniyar however on perusal of Notice of Motion it…

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