NOTICE OF MOTION
Tulshabai Maruti GiriVsJitendra Maruti Giri
CNR MHCC01009843201962-COURT 62 AD-HOC ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--ALLOWED
Decision Date: 14th December 2021
TrustJury record updated 23 Sept 2026
Case Overview
- Registration Number
- 103617/2019
- Registration Date
- 26 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: 27-09-2019 Business: Advocate C. J. Chauhan for Plaintiff present and submitted that bailiff\''s report about service of writ of summons upon Defendant is filed and original writ of summons is also filed on record. Considering submissions Plaintiff is directed to file affidavit of service of writ of summons. Original writ of summons be returned to Plaintiff\''s advocate for filing affidavit of service of writ of summons. As Notice of Motion taken out by Defendant for condonation of delay caused for filing Written Statement is pending hence kept back at 2.45 p.m. L.O. Advocate for Defendant filed registered Notice of Motion no.3617/2019 with affidavit in support, t.o.r. Court is busy in hearing NM argument in suit no.9376/95 and court has to hear NM in suit no.4935/12, hence board of second session is discharged and case is adjourned to 05/12/2019. Next Purpose: NOTICE OF MOTION Next Hearing Date: 05-12-2019 Date: 05-12-2019 Reason For Adjournment: court time is over Next Purpose: NOTICE OF MOTION Next Hearing Date: 26-02-2020 Date: 26-02-2020 Business: Advocate C. J. Chauhan for Plaintiff present and sought time to file NM reply. Considering submissions adjourned. Advocate Hardik Desai for Defendant present Case is adjourned to 24/06/2020 for NM reply/hearing. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 24-06-2020 Date: 24-06-2020 Reason For Adjournment: National Lock Down Next Purpose: NM REPLYREJOINDER Next Hearing Date: 21-08-2020 Date: 24-06-2020 Reason For Adjournment: National Lock Down Next Purpose: NM REPLYREJOINDER Next Hearing Date: 21-08-2020 Date: 21-08-2020 Business: Adjd. to 08.10.2020 due to Covid-19. Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: NM REPLYREJOINDER Next Hearing Date: 08-10-2020 Date: 21-08-2020 Business: Adjd. to 08.10.2020 due to Covid-19. Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: NM REPLYREJOINDER Next Hearing Date: 08-10-2020 Date: 08-10-2020 Business: None present for plaintiffs. None present for Defendants. Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 11/01/2021 for NM hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 11-01-2021 Date: 11-01-2021 Business: None present for Plaintiff. Adv Ms. Phanse h/f Adv Mr. Hardik Desai for Deft present. As nobody is present for Plaintiff, considering the present pandemic condition mater is adjd. for reply to Notice of Motion to 22.03.2021. L.O. Adv Mr. Chavan for Plaintiff present and seeks time to file reply to Notice of Motion of Defendant. Already adjd. to 22.03.2021. Next Purpose: NM FOR HEARING Next Hearing Date: 22-03-2021 Date: 22-03-2021 Business: Adv Mr. C.J. Chavan for plff present. Deft No.2 present. Advocate for deft absent. On request of deft No.2, by consent, matter is adjd. for NM hearing to 26.04.2021. Next Purpose: NM FOR HEARING Next Hearing Date: 26-04-2021 Date: 26-04-2021 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: NM FOR HEARING Next Hearing Date: 26-07-2021 Date: 26-07-2021 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: NM FOR HEARING Next Hearing Date: 24-09-2021 Date: 26-07-2021 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: NM FOR HEARING Next Hearing Date: 24-09-2021 Date: 24-09-2021 Business: None present for both parties. Despite granting sufficient opportunities, plaintiff failed to file reply. Hence NM No.3617/19 to proceed without reply of the plaintiff. Matter adjd for NM hearing on 14/12/2021. Judge Next Purpose: NM FOR HEARING Next Hearing Date: 14-12-2021 Date: 14-12-2021 Business: None present for plff. Adv Ms. Yashvi Panchal present for defts. Heard argument of adv. for defts in NM No.3617/2019. Plff failed to file reply to the said NM hence, statement made by defts in the affidavit filed in support of the NM have gone record unchallenged. It does not appear that there is intentional fault on the part of the defts in not filing the written statement within statutory prescribed by O-8 R-1 C.P.C. considering it and the fact that plffs failed to contest the NM NO.3617/2019 is allowed in terms of its prayer clause “a” and “b” subject to cost of Rs.1000/-. Defts shall either directly pay the amount of cost to the plff or shall deposit it in the Court on or before next date. Matter is adjd. for compliance to 10.01.2022. Nature Of Disposal: ALLOWED Disposal Date: 14-12-2021
Additional Case Details
Additional Case Details
Filing Number: 110533/2019 Filing Date: 26-09-2019 First Hearing Date: 27th September 2019 Decision Date: 14th December 2021 Court Number And Judge: 62-COURT 62 AD-HOC ADDL SESSIONS JUDGE
Orders
1Final Order 114 Dec 2021
14 Dec 2021
Order Details: Other Pdf Text: 14/12/2021 CORAM : H.H.J. SHRI P.P.RAJVAIDYA (C.R. NO.62) 46 SU 545/19 None present for plff. Adv Ms. Yashvi Panchal present for defts. Heard argument of adv. for defts in NM No.3617/2019. Plff failed to file reply to the said NM hence, statement made by defts in the affidavit filed in support of the NM have gone record unchallenged. It does not appear that there is intentional fault on the part of the defts in not filing the written statement within statutory prescribed by O-8 R-1 C.P.C. considering it and the fact that plffs failed to contest the NM NO.3617/2019 is allowed in terms of its prayer clause “a” and “b” subject to cost of Rs.1000/-. Defts shall either directly pay the amount of cost to the plff or shall deposit it in the Court on or before next date. Matter is adjd. for compliance to 10.01.2022. Judge -- 1 of 1 --
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