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NOTICE OF MOTION

Vijay Kisan ShelakeVsShanti Prakash Realty and Infrastructure Pvt. Ltd. And Anr

CNR MHCC0101020020199-COURT 09 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 15th September 2022

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
103757/2019
Registration Date
07 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: 14-11-2019
    Business: Adv.Tiwari for plaintiff present.
    Adv. S.M.Naik for defendant No.2 present.
    Adv. Khatu for defendant No.1 present.
    As court is busy in hearing adinterim hearing in suit No 2915/19 and St. No.11777/19.Hence, board is discharged.
    Matter adj for Direction to 11.02.2020.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 11-02-2020
    
    Date: 11-02-2020
    Business: Adv. Vaibhavi Pawar  for plaintiff is present. Original registered N/M No.3757/2019 along with affidavit in support. t.o.r.
    Adv. Dhwani Patel for defendant no. 1 is present. She seeks time for tendering reply. O Granted as a last chance.
    Adv. Kandekar  for defendant no. 2 is present. He submitted that he do not wish to file reply on N/M no. 3757/2019.
    Adv. Chandramore for defendant no. 3 is present. She seeks time for tendering N/M reply. O Granted as a last chance.
    Matter is adjd.  for N/M reply  to 24/03/2020.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 24-03-2020
    
    Date: 24-03-2020
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 03-04-2020
    
    Date: 03-04-2020
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-04-2020
    
    Date: 17-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 06-05-2020
    
    Date: 06-05-2020
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 28-05-2020
    
    Date: 28-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 15-06-2020
    
    Date: 15-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 28-09-2020
    
    Date: 28-09-2020
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 19-01-2021
    
    Date: 19-01-2021
    Business: None for plaintiff.
    Adv. Mr. Hasan Khan for the defendant no.1.
    Adv. Mr. Pathak h/f Adv. Mr. Kandekar for the defendant no. 2.
    Adv Chandramore for the defendant no.3.
    Defendants no.2 and 3 failed to file reply to NM. Hence, NM to proceed without their reply.
    On oral request of the ld. advocate for the defendant no.1, matter is adjd. to 06/04/2021 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 06-04-2021
    
    Date: 06-04-2021
    Business: Due to SOP only urgent matter  are taken up. Hence, the Board is
    discharged.
    Matter is adjd. to 28.06.2021 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 28-06-2021
    
    Date: 28-06-2021
    Business: due to covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 12-08-2021
    
    Date: 12-08-2021
    Business: None for plaintiff.
    Adv. Mr. Yadav for defendant No.1 present.
    Adv. Sathamkar h/f Adv. Kandekar for defendant No.2 present.
    Adv. Chandramore for defendant No.3 present.
    Defendant No.1 has failed to file reply to NM. Hence, the NM to proceed without reply against defendant No.1.
    Defendants No.1 to 3 have failed to file WS. Hence, the suit to proceed without WS against defendants No.1 to 3.
    Matter is adjd. to 15/09/2021 for NM hearing/WS evidence.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-09-2021
    
    Date: 15-09-2021
    Business: None for Plaintiff.
    Ld. Adv. Ashwin Savlane for Defendant no.1 present.
    Matter is adjd. to 08.12.2021 for N/M. Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-12-2021
    
    Date: 08-12-2021
    Business: court is on leave
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-03-2022
    
    Date: 09-03-2022
    Business: Plff. is absent.
    Adv.Hasan Khan for Deft.No. 1 present.
    Adv. Kandekar for Deft.No. 2 present.
    Adv. Hajare for /Corporation present.
    Ld. Deft. no. 1 submits that the building is already demolished and plinth work is going on. As Plff. is not present, hearing can not be conducted today.
    Matter is adjd. to  07-06-2022 for N/m hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-06-2022
    
    Date: 07-06-2022
    Business: None present for plaintiff.
    None present for defendant no. 1.
    Adv. Pathak h/f Adv.Kandekar for defendant no. 2 /MHADA present.
    Adv. Chandramore for BMC present.
    Defendant no. 1 and plaintiff are absent they are going to furnish work progress therefore hearing can not be conducted today.
    Matter is adjd. to 02-08-2022 for N/m hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-08-2022
    
    Date: 02-08-2022
    Business: None present for plaintiff.
    Adv. Ashwin Sawlani for deft.no.1 present.
    Adv. Chandramore for defendant no.3/BMC present.
    Perusing record it appears that plaintiff is absent since long for NM hearing. The defendants advocate submitted that the building is demolished therefore the interest of plaintiff comes to an end.
    Plaintiff is absent hence he is directed to remain present on next date for hearing, failing which the NM no. 3757/19 will be dismissed.
    Matter is adjd. to 15.09.2022 for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 15-09-2022
    
    Date: 15-09-2022
    Business: None present for plaintiff.
    Adv. Ashwin Sawlani for defendant no. 1 present.
    Adv.Chandramore for defendant no.3/BMC present.
    Adv Pathak H/f Adv Kandekar present for Deft.no. 2/MHADA
    Perusing record, it appears that the NM No. 3757/19 is for dismissal order. This Notice of Motion is for hearing stage since 12.08.2021, since then none present for plaintiff for hearing this Notice of Motion.
    Deft.no. 1 is present for hearing. It appears that the plaintiff does not want to proceed with this NM. Hence, the Notice of Motion No.3757 of 2019 is hereby dismissed for want of prosecution.
    Nature Of Disposal: DISMISSED
    Disposal Date: 15-09-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 110769/2019
    Filing Date: 07-10-2019
    First Hearing Date: 14th November 2019
    Decision Date: 15th September 2022
    Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    15 Sept 2022
    Order Details: Notice of Motion
    Pdf Text: None present for plaintiff. Adv. Ashwin Sawlani for defendant no. 1 present. Adv.Chandramore for
    defendant no.3/BMC present. Adv Pathak H/f Adv Kandekar present for Deft.no. 2/MHADA
    Perusing record, it appears that the NM No. 3757/19 is for dismissal order. This Notice of Motion is
    for hearing stage since 12.08.2021, since then none present for plaintiff for hearing this Notice of
    Motion. Deft.no. 1 is present for hearing. It appears that the plaintiff does not want to proceed with
    this NM. Hence, the Notice of Motion No.3757 of 2019 is hereby dismissed for want of
    prosecution.
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