Order Details: Notice of Motion Pdf Text: 1 NM-4070-2019 in SU-2446-2015 IN THE CITY CIVIL COURT AT MUMBAI. NOTICE OF MOTION NO.4070 OF 2019 (CNR NO.MHCC01-011190-2019) IN SC SUIT NO.2446 OF 2015. (CNR NO.MHCC01-009737-2015) Preeti Muralidhar Acharya and Ors. }...PLAINTIFFS. Versus Ravi Shamrao Kulkarni and Ors. }...DEFENDANTS. ------------------------------------------------------------------------------------------------ Shri.Redekar, learned advocate for the plaintiffs. Shri.Gharat, learned advocate for defendant Nos.1 and 2. None appeared for defendant Nos.3 and 4. ----------------------------------------------------------------------------------------------- CORAM : HIS HONOUR JUDGE SHRI.P.P.RAJVAIDYA (C.R.NO.62) ----------------------------------------------------------------------------------------- O R…
NOTICE OF MOTION
Mrs. Preeti Muralidhar Acharya +1 moreVsMr. Ravi Shamrao Kulkarni +2 more
CNR MHCC01011190201962-COURT 62 AD-HOC ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--PARTLY DECREED
Decision Date: 25th March 2022
TrustJury record updated 23 Sept 2026
Case Overview
- Registration Number
- 104070/2019
- Registration Date
- 05 Nov 2019
Advocates
1For Petitioner
For Respondent
Not available
Parties
5Acts & Sections
1Protection of Women from Domestic Violence Act · Sec 9
Case History / Proceedings
Case History
Date: 13-12-2019
Business: As Court is on leave, adjourned to 21-02-2020.
Next Purpose: N/M FOR SET ASIDE
Next Hearing Date: 21-02-2020
Date: 21-02-2020
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-04-2020
Date: 15-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-04-2020
Date: 22-04-2020
Business: National Lock down
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-06-2020
Date: 02-06-2020
Business: Case is adjd.to 19.06.20 in view of extension of Lockdown period as per office order no.83/20 dtd.01.06.20
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-06-2020
Date: 19-06-2020
Business: National Lock down
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-08-2020
Date: 17-08-2020
Business: Adjourned due to Covid -19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-09-2020
Date: 19-09-2020
Business: None present for Plaintiff.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 27/10/2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-10-2020
Date: 27-10-2020
Business: None present for Plaintiffs.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 29/01/2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-01-2021
Date: 29-01-2021
Business: None present for both the parties.
As nobody present for both the parties, considering present pandemic condition, matter is adjd. for NM hearing to 04.05.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-05-2021
Date: 04-05-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-07-2021
Date: 19-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-08-2021
Date: 23-08-2021
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-09-2021
Date: 20-09-2021
Business: Adv Mr. Redekar for plff present and tendered registered NM 4070/2019 along with affidavit in support.
Adv Mr. Gharat for deft present.
By consent, matter is adjd. for NM reply to 13.10.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-10-2021
Date: 13-10-2021
Business: Adv Mr. Redekar present for plff.
Adv Mr. Gharat present for deft. and seeks time to file reply
By consent, matter is adjd. for reply and hearing to 29.10.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-10-2021
Date: 29-10-2021
Business: Adv Mr. Redekar present for plff.
Deft No.1 and 2 present in person and filed reply in NM No.4070/19.
Matter is adjd. for NM hearing to 16.11.2021.
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-11-2021
Date: 16-11-2021
Business: Adv Mr. Redekar for plff present.
Adv Mr. Mahamune for deft present.
Heard arguments of both sides in NM No.4070/2019.
Matter is adjd. for NM order to 20.11.2021.
Next Purpose: NM ORDERS
Next Hearing Date: 20-11-2021
Date: 20-11-2021
Business: Adv Mr. Redekar present for plff.
None present for deft.
K.B. for order.
Court is busy in other matters hence for want of time, this matter is adjd. for NM order to 06.12.2021.
Next Purpose: NM ORDERS
Next Hearing Date: 06-12-2021
Date: 06-12-2021
Business: Adv Mr. Redekar for plff present.
None present for deft.
Court is busy in other matters hence, for want of time, this matter is adjd. for NM order to 16.12.2021.
Judge
Next Purpose: NM ORDERS
Next Hearing Date: 16-12-2021
Date: 16-12-2021
Business: None present for the plaintiff.
Defendant No.1 present in person.
Matter is kept today for order in Notice of Motion No.4070 of 2019 as arguments of advocates for plaintiff and defendant No.1 are heard in said NM on 16.11.2021. It came to the notice that plaintiffs have not filed affidavit of service of said notice of motion in respect of defendant Nos.3 to 5. The suit is dismissed in default for want of prosecution as plaintiffs had failed to adduce evidence. Apparently, suit is dismissed under Order 9 Rule 8 of Civil Procedure Code hence, any order in the present Notice of Motion cannot be passed without service of Notice of Motion on all defendants including defendant Nos.3 to 5 as is prescribed in Order 9 Rule 9(2) of Civil Procedure Code. Plaintiff to serve defendant Nos.3 to 5 with Notice of Motion. If those defendants are already served with the Notice of Motion, plaintiffs shall file affidavit of service in that regard. Thus, Notice of Motion cannot be disposed of today by passing order.
Matter be kept for compliance on next date.
Matter be kept for compliance to 15.01.2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 15-01-2022
Date: 15-01-2022
Business: Adjd Due to covid 19
Next Purpose: COMPLIANCE
Next Hearing Date: 01-03-2022
Date: 01-03-2022
Business: Adv Mr. Redekar for plff present.
None present for deft.
K.B.
L.O. at 4.20 p.m.
Adv Mr. Redekar for plff present and filed affidavit of service in compliance of the direction given on 16.12.2021.
None appeared for the defts.
Matter is adjd. for argument p/h to 15.03.2022.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 15-03-2022
Date: 15-03-2022
Business: None present for both parties.
K.B.
L.O. at 4.25 p.m.
Adv Mr.Redekar for plff present and submitted that affidavit of service is already filed in view of the direction given by the Court. He submitted that arguments are already advanced by him and by the adv for contesting deft.
Matter is adjd. for NM order to 25.03.2022.
Next Purpose: NM ORDERS
Next Hearing Date: 25-03-2022
Date: 25-03-2022
Business: Adv. Lokhande for plaintiff present.
None present for deft.
KB for order.
F.R.S.R. following order is passed.
ORDER
Notice of Motion No.4070 of 2019 is partly allowed in terms of prayer clause(a) only subject to cost of Rs.2,000/-(Rupees Two Thousand Only).
Plaintiffs shall either pay the amount of cost directly to the contesting defendants or shall deposit it in the court within two months from today.
On payment/deposit of the cost as above by the plaintiffs, Suit No.2446 of 2015 shall stand restored to its original stage.
In case of failure of the plaintiffs to pay/deposit the cost as mentioned above, this Notice of Motion shall be deemed to have been dismissed.
Nature Of Disposal: PARTLY DECREED
Disposal Date: 25-03-2022Additional Case Details
Additional Case Details
Filing Number: 111676/2019 Filing Date: 05-11-2019 First Hearing Date: 13th December 2019 Decision Date: 25th March 2022 Court Number And Judge: 62-COURT 62 AD-HOC ADDL SESSIONS JUDGE
Orders
1Final Order 1Full order available
25 Mar 2022
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