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
2For Petitioner
For Respondent
Parties
2Petitioner
Respondent
Acts & Sections
1Protection 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
1Final Order 109 Jan 2024
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 -- 1 of 1 --
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