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NOTICE OF MOTION

Mr. Katari Chetan NaiduVsChallagundla Deshuma Naidu +1 more

CNR MHCC0101018520193-COURT 03 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 05th January 2023

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
103750/2019
Registration Date
05 Oct 2019

Advocates

2

For Petitioner

For Respondent

Parties

3

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec 9

Case History / Proceedings

Case History
Date: 07-10-2019
Business: Adv. Dube for plaintiff present.
Adv. Tanha for defendant no. 1 present and tendered original NM no. 3750/19 along affidavit. He served the copy of NM no. 3750/19 on defendant no. 2 and 3 and undertakes to serve on plaintiff by next date.
Adv. Hegade for defendant no. 2  and 3 present.
Heard both sides. It is submitted that plaintiff has taken out NM  no. 3008/19, but it is not served on the defendant. Plaintiff is directed to comply and serve the NM on the defendants.
Matter stands Adj for service of NM by plaintiff to 20.11.19.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 20-11-2019

Date: 20-11-2019
Business: Adv. Deepak Pandey for plaintiff present.
Adv. Tanna for defendant no. 1 present.
Adv. Hegade for defendant no. 2 and 3 present.
By consent, Matter stands Adj for NM reply to 10.01.20.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 10-01-2020

Date: 10-01-2020
Business: Adv. Deepak Pandey for plaintiff present.
Defendant no. 2 and 3 present.
Reply affidavit to NM no. 3008/18 filed by defendant no. 2.
Court is busy in dictating order in suit no. 2434/17.
Matter stands Adj for reply to 24.02.2020.
Next Purpose: REPLY
Next Hearing Date: 24-02-2020

Date: 24-02-2020
Business: Adv. Pankaj Dube for plaintiff present.
Adv. Hegade for defendant no. 2 and 3 present.
Reply not filed.
Matter stands Adj for reply to 07.04.2020.
Next Purpose: REPLY
Next Hearing Date: 07-04-2020

Date: 07-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 18-04-2020

Date: 18-04-2020
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: REPLY
Next Hearing Date: 29-05-2020

Date: 29-05-2020
Business: In view 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: REPLY
Next Hearing Date: 16-06-2020

Date: 16-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 23-09-2020

Date: 23-09-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 04-12-2020

Date: 04-12-2020
Business: None present for plaintiff and defendant.
Matter stands Adj for Reply to 01.02.2021
Next Purpose: REPLY
Next Hearing Date: 01-02-2021

Date: 01-02-2021
Business: Advocate Deepak Pandey for plaintiff present and seeks time to file reply.
Defendant No.2 present.
The case is adjourned to 09.03.2021  for reply.
Next Purpose: REPLY
Next Hearing Date: 09-03-2021

Date: 09-03-2021
Business: Advocate Deepak Pandey for plaintiff present and seeks time to file NM reply.
None for defendant.
The case is adjourned to 21.04.2021  for  reply.
Next Purpose: REPLY
Next Hearing Date: 21-04-2021

Date: 21-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 28-06-2021

Date: 28-06-2021
Business: Adv. for plaintiff absent
Adv. Mr. Jimesh Shah for defendants No. 1A and 1B present and tendered original registered N/M No.1211/21 alongwith affidavit in support of N/M t.o.r.
Adjd to 05.08.2021 for N/M Reply
L.O.
Adv. Mr. Swapnil Narkar for plaintiffs no. 1 and 2 present and tendered Vakalatnama of the plaintiffs no.1 and 2.t.o.r. at Exh.16
Matter already adjd to 05.08.2021 for N/M Reply.
Next Purpose: REPLY
Next Hearing Date: 27-08-2021

Date: 27-08-2021
Business: Matter called out at 03.21 p.m.
None present for plaintiff
Adv. M. K. Tanna for Deft. No. 1 present.
Matter stands adjourned to 22.10.2021 for NM reply.
Later on at 03.47 p.m.
Deft. No. 2 in person present.
He informed that his advocate is no more. Therefore, he is seeking time.
Time granted.
Matter already stands adjourned to 22.10.2021 for NM reply.
Next Purpose: REPLY
Next Hearing Date: 22-10-2021

Date: 22-10-2021
Business: Matter called out at 4.09 p.m.
None present for plaintiff.
Adv. Disha Dave I/b Adv. Maulik Tanna for Deft. No.1 present.
Deft. no.2 present in present.
Deft. No.2 and 3 already filed reply to NM No. 3008/19.
Plaintiff failed to file reply to NM No.3750/19.
Plaintiff is directed to file reply to NM No.3750/19 on or before next date.
In the event of failure, the NM will be proceed without reply.
Matter stands adjourned to 07.12.2021 for NM reply.
Next Purpose: REPLY
Next Hearing Date: 07-12-2021

Date: 07-12-2021
Business: Matter mentioned at 3.34 p.m.
None present for plaintiff.
Adv. M. K. Tanna for Deft. No.1 present.
Deft. No.2 in person present.
The NM No.3750/19 referred to Exh.A to C but not found with the NM.
Advocate for Deft. No.1 seeking time.  Time granted.
Matter stands adjourned to 02.02.2022 for reply.
Next Purpose: REPLY
Next Hearing Date: 02-02-2022

Date: 02-02-2022
Business: Court is on Leave, Hence Board is discharged.
Next Purpose: REPLY
Next Hearing Date: 04-04-2022

Date: 04-04-2022
Business: Matter called out at 3.35 p.m.
Adv. Deepak Pandey for plaintiff present.
Adv. Maulik Tanna for Deft. No.1 present. He tendered list of document relied by him in NM No.3750/2019. TOR.
Copy supplied to the other side.
Put up for NM hearing.
Matter stands adjourned to 27.06.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-06-2022

Date: 27-06-2022
Business: Court is on Leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-08-2022

Date: 25-08-2022
Business: Adv. Deepak Pandey for plaintiff present. He is seeking time to file reply on NM filed by defendant. Time granted.
None present for defendant.
Matter stands adjourned to 01.11.2022 for NM hearing.
Later on at 3.13 p.m.
Adv. Nisha Dave for Deft. no.1 present.
Already adjourned for 01.11.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-11-2022

Date: 01-11-2022
Business: Adv. Nisha Dave for Deft. no. 1 present.
None present for plaintiff.
Matter stands adjourned to 05.01.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-01-2023

Date: 05-01-2023
Business: Adv. Deepak Pandey for plaintiff present.
Adv. M. K. Tanna for Deft. no.1 present.
Heard both the sides on NM No.3750/2019.
This NM is filed for condonation of delay of 786 days in filing WS by Deft. no.1. Plaintiff resisted contending that the delay is not properly explained. He prayed for grant of costs for the delay in filing WS.  Considering the submission, I am of the view that Deft. no.1 may be permitted to file WS on payment of costs. So far as the delay caused is concerned, saddling costs would suffice. Consequently, I proceed to pass the following order.
ORDER
1. Notice of Motion No.3750/2019, is hereby allowed subject to payment of costs of Rs.5,000/-.
2.  Delay stands condoned.
3.  WS be taken on record and exhibited after the payment of costs of Rs.5000/- as condition precedent on or before next date.
3.  Notice of Motion stands disposed off accordingly.
Nature Of Disposal: ALLOWED
Disposal Date: 05-01-2023

Additional Case Details

Additional Case Details
Filing Number: 110909/2019
Filing Date: 05-10-2019
First Hearing Date: 07th October 2019
Decision Date: 05th January 2023
Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE

Orders

1
Final Order 1
05 Jan 2023
Order Details: Notice of Motion
Pdf Text: IN THE COURT OF :COURT 03 ADDL SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0103750/2019
Mr. Katari Chetan Naidu Vs 1.Challagundla Deshuma Naidu 2.Zameer Shaikh Gulam Hussain
Shaikh
Date : 05-01-2023
Business : Adv. Deepak Pandey for plaintiff present. Adv. M. K. Tanna
for Deft. no.1 present. Heard both the sides on NM
No.3750/2019. This NM is filed for condonation of delay of
786 days in filing WS by Deft. no.1. Plaintiff resisted
contending that the delay is not properly explained. He
prayed for grant of costs for the delay in filing WS.
Considering the submission, I am of the view that Deft. no.1
may be permitted to file WS on payment of costs. So far as
the delay caused is concerned, saddling costs would suffice.
Consequently, I proceed to pass the following order.
ORDER 1. Notice of Motion No.3750/2019, is hereby
allowed subject to payment of costs of Rs.5,000/-. 2. Delay
stands condoned. 3. WS be taken on record and exhibited
after the payment of costs of Rs.5000/- as condition
precedent on or before next date. 3. Notice of Motion stands
disposed off accordingly.
Nature of Disposal : ALLOWED
Disposal Date : 05-01-2023
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