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NOTICE OF MOTION

Smt. Vandana Nitin GaikwadVsShri Shivaji Gangadhar Patil And Anr

CNR MHCC0101104020199-COURT 09 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 10th December 2019

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
103996/2019
Registration Date
02 Nov 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Petitioner

    1. 1Smt. Vandana Nitin Gaikwad

    Respondent

    1. 1Shri Shivaji Gangadhar Patil And Anr

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 10-12-2019
Business: Advocate Mr. Kale for Plaintiff present and filed reply to NM no.3996/19, t.o.r.  None present for Defendant no.1.
Advocate Mr. Rajesh Dikshit for Defendant no.2 present and filed registered Notice of Motion no.3996/2019 with affidavit in support, t.o.r.
                        ORDER ON NM NO.3996/19
This Notice of Motion is taken out by Defendant no.2 Society for condoning the delay caused in filing Written Statement to the suit.
Secretory of Defendant no.2 has filed affidavit in support of Notice of Motion contending that writ of summons was served upon Defendant no.2 on 30/01/2019 and on 20/09/2019 while searching the papers he traced out the copy of plaint and it is noticed that Defendant no.2 is formal party to the suit and no relief is sought against Defendant no.2 however, to be on safer side, Defendant no.2 is intending to file Written Statement.
Plaintiff no.2 Pranjali Gaikwad has filed the affidavit of reply and resisted Notice of Motion contending that no proper reason for condoning the delay is given and if this Notice of Motion will be allowed and Defendant no.2 will be permitted to file Written Statement it will amount to give a chance to Defendant no.2 to file Written Statement without getting set aside the ex-parte order dated 25/04/2019 passed by the Court.
Heard advocate for Defendant no.2 and Plaintiff\''s advocate. Considering the fact that Defendant no.2 has not made prayer for setting aside ex-parte order I find that this Notice of Motion can not be allowed unless the ex-parte order set aside, hence in my opinion this Notice of Motion is necessary to be disposed off by giving liberty to Defendant no.2 to file fresh Notice of Motion for setting aside ex-parte order and for condoning delay caused in filing Written Statement.  Hence, I proceed to passed following order-
                                    ORDER
 Notice of Motion no.3996 of 2019 stands disposed off/dismissed with the liberty to Defendant no.2 to file fresh Notice of Motion for setting aside ex-parte order and for condoning delay caused in filing Written Statement.
Case is adjourned to 06/01/2020 for steps to be taken by Defendant no.2.
Nature Of Disposal: DISMISSED
Disposal Date: 10-12-2019

    Additional Case Details

    Additional Case Details
    Filing Number: 111807/2019
Filing Date: 02-11-2019
First Hearing Date: 10th December 2019
Decision Date: 10th December 2019
Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    10 Dec 2019

    Order Details: Notice of Motion Pdf Text: Advocate Mr. Kale for Plaintiff present and filed reply to NM no.3996/19, t.o.r. None present for Defendant no.1. Advocate Mr. Rajesh Dikshit for Defendant no.2 present and filed registered Notice of Motion no.3996/2019 with affidavit in support, t.o.r. ORDER ON NM NO.3996/19 This Notice of Motion is taken out by Defendant no.2 Society for condoning the delay caused in filing Written Statement to the suit. Secretory of Defendant no.2 has filed affidavit in…

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