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NOTICE OF MOTION

Rukmini Bhuyan ShanVsBrig. Narayan Nayak

CNR MHCC01009824201965-COURT 65 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 09th January 2024

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
103610/2019
Registration Date
25 Sept 2019

Advocates

2

For Petitioner

For Respondent

Parties

2

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec 9

Case History / Proceedings

Case History
Date: 17-10-2019
Business: Matter called out(3.05pm)
Adv.M.D.Pandey for plaintiff present.
Adv.Heeralal Chaturvedi for defendant present.
Defendant tendered original N/M No.3610/19.
Copy serve to the plaintiff.
Plaintiff seeking time to file reply. Time granted.
By consent.
Matter is adj to 07/12/19 for reply on N/M.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 07-12-2019

Date: 07-12-2019
Business: Matter called out(2.51pm)
None present.
Matter is adj to 28/01/2020 for N/M reply.
Later on at 3.32pm
Adv.Heeralal Chaturvedi for defendant present.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 28-01-2020

Date: 28-01-2020
Business: Matter is called out at 3.49 p.m.
Adv. M. d. Pandey for plaintiff present.
Adv. Omkar Gawade  for defendant present.
Adv. for plaintiff seeking to file reply. Time granted by way of last chance.
Matter is adj to 09.03.2020 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-03-2020

Date: 09-03-2020
Business: Court is busy dictation in Suit No.9718/90
Adv.M.D.Pandey for plaintiff present.
Adv.Heeralal Chaturvedi for defendant present.
Adv. for defendant tendered application for common order were passed Erroneously in N/M No.560/18 and N/M No.561/18.
Matter is adj to 18/04/2020 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-04-2020

Date: 18-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-05-2020

Date: 08-05-2020
Business: NATIONAL LOCKDOWN.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-05-2020

Date: 29-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-06-2020

Date: 16-06-2020
Business: Due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-08-2020

Date: 11-08-2020
Business: Due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-10-2020

Date: 03-10-2020
Business: In view of the Standard Operating Procedure laid down by Hon''ble Bombay High Court vide circulars dtd. 03.06.2020, 05.09.2020, 10.09.2020 in the wake of spread of COVID-19 pandemic the matter is adjourned owing to absence of the  parties.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-12-2020

Date: 07-12-2020
Business: Pursuant to office order No. 166/2020 dtd. 27.11.2020 of Hon''ble Principal Judge City Civil and Sessions Court, Greater Bombay in view of standard operating procedure (SOP) dtd. 27.11.2020 of Hon''ble Bombay High Court, after taking into account the present situation of COVID-19 pandemic, the matter is adjourned owing to absence of the parties.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-01-2021

Date: 11-01-2021
Business: Pursuant to office order No. 166/2020 dtd. 27.11.2020 of Hon''ble Principal Judge City Civil and Sessions Court, Greater Bombay in view of standard operating procedure (SOP) dtd. 27.11.2020 of Hon''ble Bombay High Court, after taking into account the present situation of COVID-19 pandemic, the matter is adjourned owing to absence of the parties.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-03-2021

Date: 22-03-2021
Business: Court is on leave, hence board is discharges.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-04-2021

Date: 08-04-2021
Business: Adv. Mr. Pandey for plaintiff present
In view of office order No. 73/2021 dtd. 06.04.2021  of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai pursuant to directions of Hon\''ble High Court vide circular dtd. 05.04.2021   restricting the functioning of the Courts in the wake of sharp surge in COVID-19 cases, the matter is adjourned owing to absence of the party.
Adjd. to 09.06.2021 for  NM reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-06-2021

Date: 09-06-2021
Business: Nobody present.
Due to COVID-19 pandemic, matter is adjourned.
Adjd for NM reply to 19/07/2021
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-07-2021

Date: 19-07-2021
Business: Nobody present.
Due to COVID-19 pandemic, matter is adjourned.
Adjd for NM reply to 16/09/2021
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-09-2021

Date: 16-09-2021
Business: Adv. M. D. Pandey For plaintiff present and requested for adjournment.
Adv. Heeralal Chaturvedi For defendant present.
Adv. For defendant filed pursis informing defendant expired. t.o.r.
Adv. For defendant filed pursis informing name and address of legal heirs of deceased deft No. 1 along with the documents to show that the said information is forwarded to the plaintiff.
Adv. For defendant filed affidavit of service. t.o.r.
Adjd for taking steps to 26/10/2021
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 26-10-2021

Date: 26-10-2021
Business: Dt.26/10/2021
Suit  3346/09
NM 3610/19
IN THE COURT OF H.H.J. SMT. S. S. NAGUR JUDGE CITY CIVIL COURT C.R. NO. 04
Adv. M. D. Pandey for plaintiff present.
LO at 4.09 p.m.
Adv. Mithilesh D. Pandey for plff present
Adv for plff present and filed draft chamber summons along with affidavit in support. TOR.
Leave granted to register the same.
Adjd for cs reply to 13/12/2021.
Next Purpose: C/S REPLY
Next Hearing Date: 13-12-2021

Date: 13-12-2021
Business: Court is on leave
Next Purpose: C/S REPLY
Next Hearing Date: 16-02-2022

Date: 16-02-2022
Business: Adv. Mithilesh Pandey For plaintiff present.
None for defendant.
Adv. For plaintiff tendered registered chamber summons No. 1844/21 along with affidavit in support. T.O.R.
Death certificate is not annexed. It is contention of adv. For plaintiff that pursis is filed by adv. For defendant stating that defendant expired. The application to bring legal heirs on record should be supported by death certificate. Its a public document and if not supplied by other party to plaintiff, the plaintiff has to obtain the certified copy and file the same in court.
Adjd for compliance to 02/05/2022
Next Purpose: COMPLIANCE
Next Hearing Date: 02-05-2022

Date: 02-05-2022
Business: Adv. Mithilesh Pandey For plaintiff present. Plaintiff present.
Adv. For plaintiff tendered application for production of document i.e. death certificate of defendant. O- Allowed.
Adjd for affidavit of service to 30/06/2022
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 30-06-2022

Date: 30-06-2022
Business: Adv. Shejal Nag for plaintiff present and prayed for adjournment  - allowed
None for defendant
Matter is adjd.to 02-08-2022 for affidavit of service
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 02-08-2022

Date: 02-08-2022
Business: Adv. M. D. Pandey for plaintiff present.
None for defendant
Matter is adjd.to 11-10-2022 for service affidavit of C/S.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 11-10-2022

Date: 11-10-2022
Business: Adv. M. D. Pandey for plaintiff present also filed affidavit in reply regarding C/S No.  1844/21 t.o.r.
None for defendant
Matter is adjd.to 17-12-2022 for  C/S Reply.
Next Purpose: C/S REPLY
Next Hearing Date: 17-12-2022

Date: 17-12-2022
Next Purpose: COMPLIANCE
Next Hearing Date: 22-02-2023

Date: 22-02-2023
Business: matter is adjourned to
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 29-04-2023

Date: 29-04-2023
Business: matter is adjourned to
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 24-07-2023

Date: 24-07-2023
Business: Adv. M. D. Pandey for plaintiff present.
None for defendant present.
Plaintiff is directed to issue writ of summons to the defendant no. 1a to 1c.
Matter adjourned to 17/10/2023 for writ of summons to defendants no. 1a to 1c.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 17-10-2023

Date: 17-10-2023
Business: Adv. Vipin Kumar for plaintiff present and seek time to serve writ of summons on defendant no.1a to 1c. O-Time is extended for serving writ of summons on defendant no. 1a to 1c.
None For defendant present.
Matter adjourned for writ of summosn to 09/01/2024.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 09-01-2024

Date: 09-01-2024
Business: None for Plaintiff present.
None for defendants present.
Later on at 11.34 am.
Adv. Vipin Kumar for plaintiff present.
Time is extended for service of writ of summons on defendants No.1(a) to 1(c).
Defendant had taken out NM No.3610/2019 for setting aside no cross order dated 07.12.2017. Subsequently the defendant failed to contest this NM No.3610/2019 and he expired on 21.08.2020. Now, Lrs of the defendant are brought on record. Considering all this aspect, NM No.3610/2019 is dismissed with liberty to Lrs of the defendant to take appropriate steps in the matter upon their appearance and proceeding of NM No.3610/2019 is closed.
Matter stands adjourned on 16.03.2024 for writ of summons.
Nature Of Disposal: DISMISSED
Disposal Date: 09-01-2024

Additional Case Details

Additional Case Details
Filing Number: 110507/2019
Filing Date: 25-09-2019
First Hearing Date: 17th October 2019
Decision Date: 09th January 2024
Court Number And Judge: 65-COURT 65 ADDL SESSIONS JUDGE

Orders

1
Final Order 1
09 Jan 2024
Order Details: Notice of Motion
Pdf Text: 09.01.2024
Sr. No. 5
SU 3346/09
NM 3610/19
CORAM :- H.H.J. SHRI. R.R. BHAGWAT (CR.65)
None for Plaintiff present.
None for defendants present.
Later on at 11.34 am.
Adv. Vipin Kumar for plaintiff present.
Time is extended for service of writ of summons on defendants
No.1(a) to 1(c).
Defendant had taken out NM No.3610/2019 for setting aside no
cross order dated 07.12.2017. Subsequently the defendant failed to
contest this NM No.3610/2019 and he expired on 21.08.2020. Now,
Lrs of the defendant are brought on record. Considering all this
aspect, NM No.3610/2019 is dismissed with liberty to Lrs of the
defendant to take appropriate steps in the matter upon their
appearance and proceeding of NM No.3610/2019 is closed.
Matter stands adjourned on 16.03.2024 for writ of summons.
Judge
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