NOTICE OF MOTION

Kirit A ModyVsJawahar A. Mody And Ors

CNR MHCC01010029201966-COURT 66 ADDL SESSIONS JUDGE

City Civil Court, Mumbai

Mumbai · Maharashtra (MH)

CASE DISPOSED

Uncontested--OTHER

Decision Date: 08th November 2024

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number: 103682/2019
Registration Date: 03 Oct 2019

Advocates

For Petitioner

For Respondent

Mr. A. N. Nasikwala Adv For Def. No.3

Parties

Petitioner

1Kirit A Mody

Respondent

1Jawahar A. Mody And Ors

Acts & Sections

Protection of Women from Domestic Violence Act · Sec 9

Case History / Proceedings

Case History

Date: 10-10-2019
Business: Advocate Mansi Chikude for Plaintiff present and filed reply to NM no.3682/19 t.o.r.
Advocate Nasikwala for Defendant no.3 present and filed registered Notice of Motion no.3682/2019 with affidavit in support, t.o.r.
Case is adjourned to 25/11/2019 for NM hearing.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 25-11-2019

Date: 25-11-2019
Business: Court is on leave.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 09-01-2020

Date: 09-01-2020
Business: Advocate Ms. Mansi Chikode for Plaintiff present and filed registered Chamber Summons no.2096/2019 with affidavit in support, t.o.r.  Copy served upon Defendant no.3.
Defendant no.3 present.
Case is adjourned to 14/02/2020 for Chamber Summons reply.
Next Purpose: C/S REPLY
Next Hearing Date: 14-02-2020

Date: 14-02-2020
Business: Court is on leave.
Next Purpose: C/S REPLY
Next Hearing Date: 03-04-2020

Date: 14-02-2020
Business: Court is on leave.
Next Purpose: C/S REPLY
Next Hearing Date: 03-04-2020

Date: 14-02-2020
Business: Court is on leave.
Next Purpose: C/S REPLY
Next Hearing Date: 03-04-2020

Date: 03-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S REPLY
Next Hearing Date: 17-04-2020

Date: 17-04-2020
Business: Covid-19
Lockdown from 23-03-2020
Matter adj. to
Next Purpose: C/S REPLY
Next Hearing Date: 06-05-2020

Date: 06-05-2020
Business: Covid-19
Lockdown from 23-03-2020
Matter adj. to
Next Purpose: C/S REPLY
Next Hearing Date: 28-05-2020

Date: 28-05-2020
Business: In view of extension of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: C/S REPLY
Next Hearing Date: 15-06-2020

Date: 15-06-2020
Business: Due to lockdown case is adjd. to 10.08.2020
Next Purpose: C/S REPLY
Next Hearing Date: 10-08-2020

Date: 15-06-2020
Business: Due to lockdown case is adjd. to 10.08.2020
Next Purpose: C/S REPLY
Next Hearing Date: 10-08-2020

Date: 10-08-2020
Business: In view of the advisory to subordinate courts and office order dtd. 30.06.2020 of Hon''ble Principal Judge, Bombay City Civil Court in the back drop of outbreak of Noval Coronavirus (COVID -19) the matter is adjourned.
Next Purpose: C/S REPLY
Next Hearing Date: 06-10-2020

Date: 06-10-2020
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: C/S REPLY
Next Hearing Date: 11-12-2020

Date: 06-10-2020
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: C/S REPLY
Next Hearing Date: 11-12-2020

Date: 11-12-2020
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: C/S REPLY
Next Hearing Date: 12-02-2021

Date: 11-12-2020
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: C/S REPLY
Next Hearing Date: 12-02-2021

Date: 11-12-2020
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: C/S REPLY
Next Hearing Date: 12-02-2021

Date: 12-02-2021
Business: The P.O. is on leave.  Hence board is discharged.
Next Purpose: C/S REPLY
Next Hearing Date: 19-03-2021

Date: 12-02-2021
Business: The P.O. is on leave.  Hence board is discharged.
Next Purpose: C/S REPLY
Next Hearing Date: 19-03-2021

Date: 12-02-2021
Business: The P.O. is on leave.  Hence board is discharged.
Next Purpose: C/S REPLY
Next Hearing Date: 19-03-2021

Date: 19-03-2021
Business: Adv. Mansi Chikode  for plff.present.
None for deft.
Due to spike in number of COVID-19 patients and/or affected persons in Maharashtra, the matter is adjourned without any proceeding today owing to absence of defendant.
Adjd. to 14.06.2021 for  C/S Reply.
Next Purpose: C/S REPLY
Next Hearing Date: 14-06-2021

Date: 19-03-2021
Business: Adv. Mansi Chikode  for plff.present.
None for deft.
Due to spike in number of COVID-19 patients and/or affected persons in Maharashtra, the matter is adjourned without any proceeding today owing to absence of defendant.
Adjd. to 14.06.2021 for  C/S Reply.
Next Purpose: C/S REPLY
Next Hearing Date: 14-06-2021

Date: 19-03-2021
Business: Adv. Mansi Chikode  for plff.present.
None for deft.
Due to spike in number of COVID-19 patients and/or affected persons in Maharashtra, the matter is adjourned without any proceeding today owing to absence of defendant.
Adjd. to 14.06.2021 for  C/S Reply.
Next Purpose: C/S REPLY
Next Hearing Date: 14-06-2021

Date: 14-06-2021
Business: Due to COVID-19 pandemic, matter is adjourned.
Next Purpose: C/S REPLY
Next Hearing Date: 25-08-2021

Date: 14-06-2021
Business: Due to COVID-19 pandemic, matter is adjourned.
Next Purpose: C/S REPLY
Next Hearing Date: 25-08-2021

Date: 14-06-2021
Business: Due to COVID-19 pandemic, matter is adjourned.
Next Purpose: C/S REPLY
Next Hearing Date: 25-08-2021

Date: 25-08-2021
Business: None for both the parties.
Adjd  for Ch/s reply to 13/10/2021
Next Purpose: C/S REPLY
Next Hearing Date: 13-10-2021

Date: 13-10-2021
Business: Adv. Priyanka Pandey For plaintiff present.
None for defendant.
Adjd for Ch.s reply to 25/11/2021
Next Purpose: C/S REPLY
Next Hearing Date: 25-11-2021

Date: 13-10-2021
Business: Adv. Priyanka Pandey For plaintiff present.
None for defendant.
Adjd for Ch.s reply to 25/11/2021
Next Purpose: C/S REPLY
Next Hearing Date: 25-11-2021

Date: 13-10-2021
Business: Adv. Priyanka Pandey For plaintiff present.
None for defendant.
Adjd for Ch.s reply to 25/11/2021
Next Purpose: C/S REPLY
Next Hearing Date: 25-11-2021

Date: 25-11-2021
Business: Adv. For plaintiff present.
Defendant No. 3 present.
Plaintiff to file affidavit of service  of chamber summons to defendants to 08/02/2022
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-02-2022

Date: 08-02-2022
Business: At 11.15 am
None present when called.
As per office order no. 07 of 2022 and 03 of 2022 only urgent
matters are to be taken up for hearing therefore matter is
adjourned.
Adjd for affidavit of service to 30/03/2022
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 30-03-2022

Date: 08-02-2022
Business: At 11.15 am
None present when called.
As per office order no. 07 of 2022 and 03 of 2022 only urgent
matters are to be taken up for hearing therefore matter is
adjourned.
Adjd for affidavit of service to 30/03/2022
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 30-03-2022

Date: 08-02-2022
Business: At 11.15 am
None present when called.
As per office order no. 07 of 2022 and 03 of 2022 only urgent
matters are to be taken up for hearing therefore matter is
adjourned.
Adjd for affidavit of service to 30/03/2022
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 30-03-2022

Date: 30-03-2022
Business: None present when called at 2.49 pm
Adjd for NM hearing to 07/06/2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-06-2022

Date: 07-06-2022
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-07-2022

Date: 07-06-2022
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-07-2022

Date: 07-06-2022
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-07-2022

Date: 14-07-2022
Business: Adv. Dhiraj Ramchandani for plaintiff present.
Defendant no. 3 present.
Heard Adv.  Dhiraj Ramchandani for plaintiff in C/S No.  2096/19.
Defendant no. 2 expired on 21-08-2019 as per death certificate annexed with affidavit in support. As cause of action survives for contesting the matter even after death of the plaintiff, his Lrs can be allowed to be brought on record by way of amendment. Hence, C/S No. 2096/19 is made absolute in terms of prayer clause (a),(b) and (c).
The plaintiff is directed carried out amendment within 15 days.  The proceeding of C/S No.  2096/19 is closed.
Matter is adjd.to 26-08-2022 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-08-2022

Date: 26-08-2022
Business: None for plaintiff.
Defendant no. 3 in person present.
None for defendants no. 1a  to 2 and 4.
Matter is adjd.to  14-11-2022 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-11-2022

Date: 26-08-2022
Business: None for plaintiff.
Defendant no. 3 in person present.
None for defendants no. 1a  to 2 and 4.
Matter is adjd.to  14-11-2022 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-11-2022

Date: 26-08-2022
Business: None for plaintiff.
Defendant no. 3 in person present.
None for defendants no. 1a  to 2 and 4.
Matter is adjd.to  14-11-2022 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-11-2022

Date: 14-11-2022
Business: None for plaintiff.
None for defendants no. 1a to 4.
Matter is adjd.to 23-01-2023 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-01-2023

Date: 14-11-2022
Business: None for plaintiff.
None for defendants no. 1a to 4.
Matter is adjd.to 23-01-2023 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-01-2023

Date: 14-11-2022
Business: None for plaintiff.
None for defendants no. 1a to 4.
Matter is adjd.to 23-01-2023 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-01-2023

Date: 23-01-2023
Business: PO IS ON HALF DAY LEAVE IN 2ND SESSION.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-03-2023

Date: 17-03-2023
Business: None for plaintiff.
None for defendants no.1a to 4.
Matter is adjd.to 13-07-2023 for NM hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-07-2023

Date: 13-07-2023
Business: Adv.  Priyanka Pandey  for plaintiff present.
None for defendant no. 3 present.
Matter adjourned for n/m hearing no. 3682 of 2019 and dismissal  to 14/09/2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-09-2023

Date: 13-07-2023
Business: Adv.  Priyanka Pandey  for plaintiff present.
None for defendant no. 3 present.
Matter adjourned for n/m hearing no. 3682 of 2019 and dismissal  to 14/09/2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-09-2023

Date: 13-07-2023
Business: Adv.  Priyanka Pandey  for plaintiff present.
None for defendant no. 3 present.
Matter adjourned for n/m hearing no. 3682 of 2019 and dismissal  to 14/09/2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-09-2023

Date: 14-09-2023
Business: None  For plaintiff present.
None For defendant present.
Matter adjourned for NM hearing/ dismissal to 15/12/2023.
L. O.
Adv. Priyanka Pandey h/f Ramchandani for plaintiff present.
Already matter adjourned to 15/12/2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-12-2023

Date: 14-09-2023
Business: None  For plaintiff present.
None For defendant present.
Matter adjourned for NM hearing/ dismissal to 15/12/2023.
L. O.
Adv. Priyanka Pandey h/f Ramchandani for plaintiff present.
Already matter adjourned to 15/12/2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-12-2023

Date: 14-09-2023
Business: None  For plaintiff present.
None For defendant present.
Matter adjourned for NM hearing/ dismissal to 15/12/2023.
L. O.
Adv. Priyanka Pandey h/f Ramchandani for plaintiff present.
Already matter adjourned to 15/12/2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-12-2023

Date: 15-12-2023
Business: None For plaintiff present.
None for defendant present.
Matter adjourned for NM hearing to 20/02/2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-02-2024

Date: 15-12-2023
Business: None For plaintiff present.
None for defendant present.
Matter adjourned for NM hearing to 20/02/2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-02-2024

Date: 15-12-2023
Business: None For plaintiff present.
None for defendant present.
Matter adjourned for NM hearing to 20/02/2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-02-2024

Date: 20-02-2024
Business: Matter is adjourned
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-04-2024

Date: 20-02-2024
Business: Matter is adjourned
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-04-2024

Date: 20-02-2024
Business: Matter is adjourned
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-04-2024

Date: 10-04-2024
Business: None for plaintiff present.
None for defendant present.
Notice of motion and chamber summons are moved by plaintiff. The plaintiff failed to proceed with same. Hence Notice of Motion No. 3682/2019 and Chamber Summons No. 2096/2019 are kept for dismissal Order. Moreover, since 11.08.2015 plaintiff failed to lead evidence. It means that the plaintiff is not interested to proceed the suit. Hence suit be kept for dismissal order for want of prosecution.
Matter adjourned for Dismissal Order on 25.06.2024.
Next Purpose: DISMISSAL
Next Hearing Date: 25-06-2024

Date: 10-04-2024
Business: None for plaintiff present.
None for defendant present.
Notice of motion and chamber summons are moved by plaintiff. The plaintiff failed to proceed with same. Hence Notice of Motion No. 3682/2019 and Chamber Summons No. 2096/2019 are kept for dismissal Order. Moreover, since 11.08.2015 plaintiff failed to lead evidence. It means that the plaintiff is not interested to proceed the suit. Hence suit be kept for dismissal order for want of prosecution.
Matter adjourned for Dismissal Order on 25.06.2024.
Next Purpose: DISMISSAL
Next Hearing Date: 25-06-2024

Date: 10-04-2024
Business: None for plaintiff present.
None for defendant present.
Notice of motion and chamber summons are moved by plaintiff. The plaintiff failed to proceed with same. Hence Notice of Motion No. 3682/2019 and Chamber Summons No. 2096/2019 are kept for dismissal Order. Moreover, since 11.08.2015 plaintiff failed to lead evidence. It means that the plaintiff is not interested to proceed the suit. Hence suit be kept for dismissal order for want of prosecution.
Matter adjourned for Dismissal Order on 25.06.2024.
Next Purpose: DISMISSAL
Next Hearing Date: 25-06-2024

Date: 25-06-2024

Date: 25-06-2024
Business: PO is on training, Hence matter adjourned
Next Purpose: DISMISSAL
Next Hearing Date: 12-09-2024

Date: 25-06-2024
Business: PO is on training, Hence matter adjourned
Next Purpose: DISMISSAL
Next Hearing Date: 12-09-2024

Date: 12-09-2024
Business: PO is on leave, hence matter adjourned
Next Purpose: DISMISSAL
Next Hearing Date: 08-11-2024

Date: 12-09-2024
Business: PO is on leave, hence matter adjourned
Next Purpose: DISMISSAL
Next Hearing Date: 08-11-2024

Date: 12-09-2024
Business: PO is on leave, hence matter adjourned
Next Purpose: DISMISSAL
Next Hearing Date: 08-11-2024

Date: 08-11-2024
Business: None present. Kept back..
Later on 4.20 PM
Suit stands dismissed for want of prosecution. Consequently notice of motion and chamber summons stands disposed of.
Nature Of Disposal: OTHER
Disposal Date: 08-11-2024

Additional Case Details

Filing Number: 110729/2019
Filing Date: 03-10-2019
First Hearing Date: 10th October 2019
Decision Date: 08th November 2024
Court Number And Judge: 66-COURT 66 ADDL SESSIONS JUDGE

Orders

Final Order 1

08 Nov 2024

Order Details: Notice of Motion
Pdf Text: Back
Daily Status
IN THE COURT OF :COURT 66 ADDL SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0103682/2019
Kirit A Mody Vs Jawahar A. Mody And Ors
Date : 08-11-2024
Business : None present. Kept back.. Later on 4.20 PM Suit stands
dismissed for want of prosecution. Consequently notice of
motion and chamber summons stands disposed of.
Nature of Disposal : OTHER
Disposal Date : 08-11-2024
COURT 66 ADDL SESSIONS JUDGE
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