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NOTICE OF MOTION

Smt. Rutuja Jayesh ModakVsTushar Vitthal Shinde And Ors

CNR MHCC0101095720193-COURT 03 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--OTHER
Decision Date: 01st April 2022

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
103957/2019
Registration Date
01 Nov 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Petitioner

    1. 1Smt. Rutuja Jayesh Modak

    Respondent

    1. 1Tushar Vitthal Shinde And Ors

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 26-11-2019
Business: Plaintiff present
Adv. Keyur Kulkarni for plaintiff present and filed original NM no.   3957/19 along with affidavit.
Defendant no. 3 present.
Earlier interim order to continue till next date.
Matter stands adjn for reply to NM on 21.01.20
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 21-01-2020

Date: 21-01-2020
Business: Adv. Anil Kharatmol for plaintiff present.
Adv. Bonde for defendant no. 1 to 4 present. and filed VP.
Vakalatnama filed on behalf of defendant no. 1 to 4.
Court is busy in dictating Order in st. 2388/19. Hence, board is discharged.
Earlier order to continue till next date.
Matter stands Adj for reply to 05.03.2020.
Next Purpose: REPLY
Next Hearing Date: 05-03-2020

Date: 05-03-2020
Business: Court is busy in dictating order in suit no. 2880/19. Hence, board is discharged.
Earlier order to continue till next date.
Matter stands Adj for reply to NM to 22.04.2020.
Next Purpose: REPLY
Next Hearing Date: 22-04-2020

Date: 22-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 13-05-2020

Date: 13-05-2020
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: 02-06-2020

Date: 02-06-2020
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: REPLY
Next Hearing Date: 19-06-2020

Date: 19-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 25-09-2020

Date: 25-09-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 07-12-2020

Date: 07-12-2020
Business: Adv. Jamkhandi for plaintiff present.
None present for defendant.
Earlier order, if any, to continue till next date.
Matter stands Adj for reply to 04.02.2021.
Next Purpose: REPLY
Next Hearing Date: 04-02-2021

Date: 04-02-2021
Business: Advocate Deven Bonde for defendant 1 to 4 present and submits that he will file vakalatnama in his individual capacity. He tendered reply to NM  No.3957/19. TOR.
He also filed pursis to treat reply as written statement. TOR and marked as Exh.3.
O- Seen.
Exh.4- Reply treated as Written Statement.
O- R and R
The case is adjourned to 15.03.2021 for NM hearing.
LO at 3.53pm
Advocate Redekar for plaintiff present.
Earlier order is to be continued till next date.
The case is adjourned to 15.03.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-03-2021

Date: 15-03-2021
Business: None for Plaintiff.
Advocate Deven Bonde for defendants 1 to 4 present and filed vakalatnama. TOR and marked as Exh.5.
O- Filed.
KB at 4.00pm for NM hearing.
LO at 4.50pm
Same appearance.
The case is adjourned to 26.04.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-04-2021

Date: 26-04-2021
Business: Adjourned due to COVID-19 pandemic.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-07-2021

Date: 20-07-2021
Business: CORAM : H.H.J SHRI.  S. T. SOOR (C.R.NO.2)
In charge of C. R. No. 3
Advocate  Mr. Jamkhandi for plaintiff present.
None present  for defendant.
Earlier order, if any, continue till next date.
Adjd to 29.09.2021 for N.M hearing.
                                                                                   Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-09-2021

Date: 29-09-2021
Business: Matter called out at 3.40 p.m.
Adv. Deven B. Bonde for Deft. No.1 to 4 present.
Adv. for plaintiff absent.
Hence, matter stands adjourned to 07.12.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-12-2021

Date: 07-12-2021
Business: Matter mentioned at 3.47 p.m.
None present for plaintiff.
Adv. Deven Bonde for Deft. No.1 to 4 present.
Matter stands adjourned to 08.02.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-02-2022

Date: 08-02-2022
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-04-2022

Date: 01-04-2022
Business: Matter called out at 3.11 p.m.
None present for plaintiff.
Adv. Deven Bonde for Deft. No.1 to 4 present. He made a statement that they are not giving to dispossess the plaintiff from the suit premises. They have opted their remedy for recovery of loan amount from the plaintiff. The plaintiff filed instant suit simplicitor for injunction against the defendant restraining them from dispossessing from the suit premises without following due process of law. In view of above statement made by the defendants, I am of the view, nothing survives in the suit and suit is infructuous therefore, same is disposed of accordingly.
Suit disposed of as infructuous.
As the suit is disposed of as infructuous, hence, nothing survives in the NM and same is disposed of accordingly.
Nature Of Disposal: OTHER
Disposal Date: 01-04-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 111376/2019
Filing Date: 01-11-2019
First Hearing Date: 26th November 2019
Decision Date: 01st April 2022
Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    01 Apr 2022
    Order Details: Other
Pdf Text: 01.04.2022
Sr. No.37
SU 2360/19
NM 3957/19
CORAM : H.H.J. SHRI.A.H.LADDHAD (C.R. 03)
Matter called out at 3.11 p.m.
None present for plaintiff.
Adv. Deven Bonde for Deft. No.1 to 4 present. He made a statement that they
are not giving to dispossess the plaintiff from the suit premises. They have
opted their remedy for recovery of loan amount from the plaintiff. The
plaintiff filed instant suit simplicitor for injunction against the defendant
restraining them from dispossessing from the suit premises without following
due process of law. In view of above statement made by the defendants, I
am of the view, nothing survives in the suit and suit is infructuous
therefore, same is disposed of accordingly.
Suit disposed of as infructuous.
As the suit is disposed of as infructuous, hence, nothing survives in the
NM and same is disposed of accordingly.
Judge
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