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NOTICE OF MOTION

Mrs Jyoti Mahesh KhoslaVsMrs Sunita And Ors

CNR MHCC0101016820193-COURT 03 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--WITHDRAWL
Decision Date: 20th October 2023

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
103741/2019
Registration Date
05 Oct 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: 13-11-2019
    Business: Adv. Tiwari for plaintiff present and filed original NM no. 3741/19.
    Adv. Redekar for defendant no. 1 present.
    By consent, Matter stands Adj for reply to NM on 08.01.20.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 08-01-2020
    
    Date: 08-01-2020
    Business: Plaintiff present.
    Adv. Tripathi for plaintiff present.
    Adv. Redekar for defendant no. 1 present and filed affidavit of reply to NM no. 3741/19. Copy served on other sides.
    Matter stands Adj for NM hearing to 24.02.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-02-2020
    
    Date: 24-02-2020
    Business: Adv. Tripathi for plaintiff present.
    Adv. Redekar for defendant no. 3 present.
    Heard both sides on NM no. 3741/19.
    Matter stands Adj for Order on NM to 06.03.2020.
    Next Purpose: ORDER
    Next Hearing Date: 06-03-2020
    
    Date: 06-03-2020
    Business: Adv. Upadhyay for plaintiff present and filed original CS no. 430/20 supported by affidavit. Copy served on defendant no. 1.
    Defendant no. 1 present in person and seeks time to file reply to CS. Time granted.
    Matter stands Adj for reply to CS on 02.04.2020
    Next Purpose: C/S REPLY
    Next Hearing Date: 02-04-2020
    
    Date: 02-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: C/S REPLY
    Next Hearing Date: 24-04-2020
    
    Date: 24-04-2020
    Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 77 of 2020 matter adjourned.
    Next Purpose: C/S REPLY
    Next Hearing Date: 04-06-2020
    
    Date: 04-06-2020
    Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 83 of 2020 matter adjourned.
    Next Purpose: C/S REPLY
    Next Hearing Date: 22-06-2020
    
    Date: 22-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: C/S REPLY
    Next Hearing Date: 25-09-2020
    
    Date: 25-09-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: C/S REPLY
    Next Hearing Date: 04-12-2020
    
    Date: 04-12-2020
    Business: None present for plaintiff and defendant.
    Matter stands Adj for C/S Reply to 02.02.2021
    Next Purpose: C/S REPLY
    Next Hearing Date: 02-02-2021
    
    Date: 02-02-2021
    Business: Court is on leave
    Next Purpose: C/S REPLY
    Next Hearing Date: 25-03-2021
    
    Date: 25-03-2021
    Business: As the Court is busy in hearing NM in SU No.7603/89 the case is adjourned.
    The case is adjourned to 16.06.2021 for Chamber Summons reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 16-06-2021
    
    Date: 16-06-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: C/S REPLY
    Next Hearing Date: 29-07-2021
    
    Date: 29-07-2021
    Business: Court is vacant
    Next Purpose: C/S REPLY
    Next Hearing Date: 30-09-2021
    
    Date: 30-09-2021
    Business: Matter called out at 3.12 p.m.Adv. D. T. Tiwari I/b Adv. R. M. Upadhyay for plaintiff present.Adv. S. S. Redekar for Defendant present. No.1 present. He tendered reply to CS. No.430/20. TOR. By consent, matter stands adjourned to 12.11.2021 for CS hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 12-11-2021
    
    Date: 12-11-2021
    Business: PO is on leave in second session. Hence, board discharge
    Next Purpose: C/S  HEARING
    Next Hearing Date: 15-12-2021
    
    Date: 15-12-2021
    Business: Adv. D. T. Tiwari for plaintiff present.
    Adv. S. S. Redekar for Deft. No.1 present
    As court is busy in recording evidence in SU No.3271/13 and SU
    No.380/13. Therefore, by consent, matter stands adjourned to
    27.01.2022 for CS hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 27-01-2022
    
    Date: 27-01-2022
    Business: Court is on Leave. Board is discharged to next date.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 04-03-2022
    
    Date: 04-03-2022
    Business: Matter called out at 4.01 p.m.
    Adv. D. T. Tiwari I/b Adv. R. M. Upadhyay for plaintiff present.
    Adv. S. S. Redekar for Deft. No.1 present.
    Defendant seeking to carry out amendment in NM No.3741/19, particularly para no.6.
    Heard both the sides.
    Perused CS, reply as well as pleadings of the NM No.3741/19. I am of the view, that due to typographical error or inadvertence the word not is not inserted, which is nothing but mistake while drafting. The amendment is formal in nature. Therefore, same is allowed.
    Thus, I pass the following order.
    1.  CS No. 430/2020 is allowed in terms of prayer clause (a) and (b).
    2.  Plaintiff is allowed carry out amendment forthwith.
    3.  Costs in cause.
    4.  CS is disposed of accordingly.
    Matter stands adjourned to 07.04.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-04-2022
    
    Date: 07-04-2022
    Business: Court is on leave in second session. Hence board discharged.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-06-2022
    
    Date: 20-06-2022
    Business: Court is on Leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-07-2022
    
    Date: 25-07-2022
    Business: Adv. D. T. Tiwari I/b Adv. R. M. Upadhyay for plaintiff present.  He is seeking time. Time granted.
    Adv. S. S. Redekar for Deft. no.1 present.
    Matter stands adjourned to 30.08.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-08-2022
    
    Date: 30-08-2022
    Business: Adv. R. M. Upadhyay for plaintiff present.
    Adv. S. S. Redekar for Deft. no.1 present.
    Advocate of plaintiff seeking time. Time granted.
    Matter stands adjourned to 07.10.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-10-2022
    
    Date: 07-10-2022
    Business: Plaintiff a/w Adv. Tripathi I/b Adv. R. M. Upadhyay present.  He is seeking time to argue on the NM No.3741/19. Time granted.
    Adv. S. S. Redekar for Deft. no.1 present.
    Matter stands adjourned to 06.12.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-12-2022
    
    Date: 06-12-2022
    Business: Adv. D. T. Tiwari I/b Adv. R. M. Upadhyay for plaintiff present. He is seeking time. Time granted.
    Adv. S. S. Redekar for Deft. no.1 present.
    Matter stands adjourned to 01.02.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-02-2023
    
    Date: 01-02-2023
    Business: CORAM :- H.H.J. SHRI SHAIKH AKBAR SHAIKH JAFAR (CR. 03)
    Adv. S. Tripathi I/b Adv. R. M. Upadhyay for plaintiff present. He is seeking time. Time granted.
    Defendant No.1 a/w Adv. S. S. Redekar present.
    Matter stands adjourned on 28.03.2023 for NM for hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-03-2023
    
    Date: 28-03-2023
    Business: Adv. S. R. Tripathi h/f Adv. R. M. Upadhyay for plaintiff present.
    None present for defendant.
    Matter stands adjourned on 13.06.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-06-2023
    
    Date: 13-06-2023
    Business: Adv S.R. Tripathi h/f Adv Upadhyay for Plaintiff present.
    Adv S.S. Redekar  for defendant no.1 present.
    Adv for Plaintiff submitted that Plaintiff wish to withdraw NM 3741/19 and file another one. However today as Plaintiff is absent, time is sought. Time granted.
    Matter stands adjourned on  08-08-2023 for filing NM.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-08-2023
    
    Date: 08-08-2023
    Business: Adv D.T. Tiwari I/b Adv R.M. Upadhyay for Plaintiff present and seeks time to steps. Time granted as last chance.
    Adv S.S. Redekar for defendant no.1 present.
    Matter stands adjourned on 20-10-2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-10-2023
    
    Date: 20-10-2023
    Business: Adv D.T. Tiwari h/f Adv R.M. Upadhyay present for Plaintiff and tendered Draft Notice of Motion along with affidavit in support. TOR O- Leave is granted to register Notice of Motion. Copy of Draft Notice of Motion handed over to the party for registration.
    Adv Redekar present a/w Defendant no.1.
    Exh. 17 application filed by Plaintiff for withdrawal of NM 3741/2019. TOR. O- Application allowed, NM No. 3741/2019 disposed of as withdrawn.
    Nature Of Disposal: WITHDRAWL
    Disposal Date: 20-10-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 110856/2019
    Filing Date: 05-10-2019
    First Hearing Date: 13th November 2019
    Decision Date: 20th October 2023
    Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    20 Oct 2023
    Order Details: Other
    Pdf Text: 20.10.2023
    Sr. No. 38
    SU 1737/2014
    NM 3741/19
    Exh. 17
    CORAM :- H.H.J. SMT. N. S. SHAIKH (CR. 03)
    Adv D.T. Tiwari h/f Adv R.M. Upadhyay present for Plaintiff and
    tendered Draft Notice of Motion along with affidavit in support. TOR
    O- Leave is granted to register Notice of Motion. Copy of Draft
    Notice of Motion handed over to the party for registration.
    Adv Redekar present a/w Defendant no.1.
    Exh. 17 application filed by Plaintiff for withdrawal of NM
    3741/2019. TOR. O- Application allowed, NM No. 3741/2019
    disposed of as withdrawn.
    Matter stands adjourned on 02-01-2024 for affidavit of service.
    Judge
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