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
2For Petitioner
For Respondent
Parties
3Petitioner
Acts & Sections
1Protection 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
1Final Order 105 Jan 2023
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 -- 1 of 1 --
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