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NOTICE OF MOTION

Mr. Amriksingh Niranjansingh NandadaVs1 Niranjan Apartment CHS Ltd +3 more

CNR MHCC01010261201965-COURT 65 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 05th November 2024

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
103788/2019
Registration Date
10 Oct 2019

Advocates

2

For Petitioner

For Respondent

Parties

5

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec 9

Case History / Proceedings

Case History
Date: 15-10-2019
Business: Matter called out at 12.59 p.m.
Plff. seeking time to take appropriate steps to bring legal heir of deft no. 4.
Matter is adj for steps on 09.12.2019.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 09-12-2019

Date: 09-12-2019
Business: Matter is adj for Steps to 27.01.20.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 27-01-2020

Date: 27-01-2020
Business: PO IS ON LEAVE(SECOND HALF)
Matter is adj to 04/03/2020 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 04-03-2020

Date: 04-03-2020
Business: Matter mention by both the advocate and matter is called out at 2.53pm
Adv.Sonika K.Dubey for plaintiff present.
Adv.Shah i/b APS Law Associates for defendant present.
By consent.
Matter is adj to 13/04/2020 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 13-04-2020

Date: 13-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 28-04-2020

Date: 28-04-2020
Business: Covid-19
Lockdown from 23-03-2020
Matter adj. to
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-05-2020

Date: 19-05-2020
Business: National Lockdown
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-06-2020

Date: 06-06-2020
Business: Case is adjd. in view of declaration of Noval Corona Virus (COVID-19).
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 24-06-2020

Date: 24-06-2020
Business: Case is adjd. in view of declaration of Noval Corona Virus (COVID  -19).
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-09-2020

Date: 07-09-2020
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: FOR TAKING STEPS
Next Hearing Date: 26-10-2020

Date: 26-10-2020
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: FOR TAKING STEPS
Next Hearing Date: 19-01-2021

Date: 19-01-2021
Business: Adv. Ms. Shah for defendant present.
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 party.
Adjd to 06.04.2021 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-04-2021

Date: 06-04-2021
Business: Court is on leave, hence, matter is adjd.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 29-06-2021

Date: 29-06-2021
Business: Nobody present.
Due to COVID-19 pandemic, matter is adjourned.
Adjd for taking steps to 30/08/2021
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 30-08-2021

Date: 30-08-2021
Business: Adv.  S. K. Dubey for plaintiff present.
Adv.Utkarsh Sanadi for defendant present.
Adv. for plaintiff stated that deft No. 4 expired therefore they have to bring on record the legal heirs of deft NO. 4.
Adjd for NM hearing/taking steps to 12/10/2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-10-2021

Date: 12-10-2021
Business: Adv. Sonika Dubey For plaintiff present.
Adv. Utkarsh Sanadi For defendant present.
Adv. For plaintiff filed draft chamber summons along with affidavit in support. O- Leave granted to register chamber summons.
Adjd for NM hearing to 22/11/2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-11-2021

Date: 22-11-2021
Business: Adv. For plaintiff present.
Advocate instructed by APS legal For defendant present.
Adv. For defendant filed registered NM No. 3788/19. t.o.r.
Adv. For deft tendered registered Nm No. 3799/19. t.o.r.
both the notice of motions are registered on 11.102019 . as per roznama thereafter the suit was on 30.10.2018, 26.02.2019. The defendant appeared but not filed the registered NM.
Adv. For deft stated that it is the covid 19 pandemic which is the reason for not filing original Notice of motion. The said argument cannot be considered. The NM are registered much prior to covid pandemic. Hence Notice of motion is taken on record on payment of cost of Rs. 500/- to be deposited to District legal services authority.
Adjd for NM arguments to 11/01/2022
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 11-01-2022

Date: 11-01-2022
Business: As court is on leave
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 16-02-2022

Date: 16-02-2022
Business: None present when called at 2.55 pm
Adjd for NM hearing to 06/04/2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-04-2022

Date: 06-04-2022
Business: Court is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-06-2022

Date: 22-06-2022
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-08-2022

Date: 25-08-2022
Business: Adv. Sonika Dubey for plaintiff present  and filed registered C/S No.  873/22 with supporting affidavit. t.o.r.
Adv. Utkarsh Sanadi for all defendants   present.
Matter is adjd.to 19-10-2022 for C/S Reply.
Next Purpose: C/S REPLY
Next Hearing Date: 19-10-2022

Date: 19-10-2022
Business: Court is on leave.
Next Purpose: C/S REPLY
Next Hearing Date: 05-01-2023

Date: 05-01-2023
Business: Adv. Miss Sonika Dubey for plaintiff present.
Adv. Miss Prachi Rungtha for all defendants present.
It is mentioned in para one of affidavit in support in C/S No. 873/22 that the plaintiff came to know from the report of bailiff that defendant no. 4 has died. But the plaintiff has not placed on record any writ of summons with bailiff report for considering contents in para one of affidavit in support in C/S No.  873/22. Hence, the plaintiff is directed to bring on record particular bailiff report referred in para one of affidavit in support in C/S No. 873/22.
Matter is adjd. to 02-03-2023 for amendment/ compliance and C/S hrg.
Next Purpose: C/S  HEARING
Next Hearing Date: 02-03-2023

Date: 02-03-2023
Business: Adv. Miss Sonika Dubey for plaintiff present.
Adv.  Utkarsh Sandi  for all defendants present.
On perusal of the record, it appears that defendant no. 4 died on 18-03-2018 as per bailiff report on fresh original writ of summons. Therefore, C/S No.  873/22 can be allowed to bring his lrs on record. Hence,  C/S No. 873/22 is made absolute in terms of prayer clause (a).The plaintiff is directed carried out amendment in the plaint on or before the next date of hearing.  The proceeding of C/S No.  873/22 is closed.
Matter is adjd. to 27-04-2023 for amendment/ compliance
Next Purpose: COMPLIANCE
Next Hearing Date: 27-04-2023

Date: 27-04-2023
Business: court is on leave
Next Purpose: COMPLIANCE
Next Hearing Date: 21-07-2023

Date: 21-07-2023
Business: Plaintiff in person present and seeks time for the compliance. Adjournment granted.
Adv. Shri Utkarsh Sanadi for defendant present.
Matter adjourned for compliance to 19-10-2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 19-10-2023

Date: 19-10-2023
Business: None  For plaintiff present.
None  for defendant present.
Matter adjourned to 18/01/2024 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 18-01-2024

Date: 18-01-2024
Business: None for Plaintiff present.
Adv Danish Khan for all defendants present.
Matter stands adjourned on  07.03.2024 for
compliance of order in CS  No. 873/22
Next Purpose: COMPLIANCE
Next Hearing Date: 07-03-2024

Date: 07-03-2024
Business: Court is on Leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 08-05-2024

Date: 08-05-2024
Business: As P.O. is on Training.
Next Purpose: COMPLIANCE
Next Hearing Date: 29-07-2024

Date: 29-07-2024
Business: Adv. Nikita More for plaintiff present and filed vakalatnama for plaintiff. Taken on record and marked as Exhibit-7.
Adv. Utkarsh for defendant present.
Learned Adv. for plaintiff seeks time for compliance. Time granted as a last chance.
Matter stands adjourned on 29/08/2024 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 29-08-2024

Date: 29-08-2024
Business: P. O. is on medical leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 24-10-2024

Date: 24-10-2024
Business: Adv Ms. Nikita More for plaintiff present.
None for defendant present.
Advocate for plaintiff filed amended plaint.
Matter adjourned for notice of motion hearing.
Matter stands adjourned on 05.11.2024 for Notice of Motion hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-11-2024

Date: 05-11-2024
Business: Adv. Nikita More for plaintiff present.
None for defendant present.
Keep Back.
Later on.
Adv. Nikita More for plaintiff present.
None for defendant present.
F.R.S.R. following order is passed in Notice of Motion No.3799/2019.
ORDER
1. Notice of Motion No.3799/2019 in Suit No.132/2018 is allowed as prayed.
2.   Written statement of defendant No.1 is taken on record by setting aside No Written Statement Order.
3. Parties to take note.
4. Proceeding of Notice of Motion No.3799/2019 in Suit No.132/2018 is closed.
F.R.S.R. following order is passed in Notice of Motion No.3788/2019.
ORDER
1.Notice of Motion No.3788/2019 in Suit No.132/2018 is allowed as prayed.
2.Written statement of defendant No.3 is taken on record by setting aside No Written Statement Order.
3.Plaintiff is directed to correct the name of defendant No.3 from Dumir Malik to R. C. Dumir.
4.Proceeding of Notice of Motion No.3788/2019 in Suit No.132/2018 is  closed.
Written statement of plaintiff No.3 is taken on record. Seen. Taken on record and marked as Exhibit-8.
Written statement of plaintiff No.4 is taken on record. Seen. Taken on record and marked as Exhibit-9.
Nature Of Disposal: ALLOWED
Disposal Date: 05-11-2024

Additional Case Details

Additional Case Details
Filing Number: 111055/2019
Filing Date: 10-10-2019
First Hearing Date: 15th October 2019
Decision Date: 05th November 2024
Court Number And Judge: 65-COURT 65 ADDL SESSIONS JUDGE

Orders

1
Final Order 1Full order available
05 Nov 2024

Order Details: Notice of Motion Pdf Text: N/M. No.3788/19 (SC No.132/18) MHCC010102612019 Presented on : 10/10/2023 Registered on : 10/10/2023 Decided on : 05/11/2024 Duration : 5 Y 0 M 27 D IN THE BOMBAY CITY CIVIL COURT AT GREATER MUMBAI NOTICE OF MOTION NO.3788 OF 2019 IN SHORT CAUSE SUIT NO. 132 OF 2018 Mr. Amriksingh Niranjansingh Nandada ... Plaintiff - Versus - Niranjan Apartment Co-op Soc. & Ors. … Defendants CORAM : HIS HONOUR JUDGE SHRI. PRASHANT C.…

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