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NOTICE OF MOTION

Mahadev Limbaji Sawant - Suit St. No. 11563 of 2019VsMHADA And Anr

CNR MHCC0101121920198-COURT 08 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 18th October 2023

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
104082/2019
Registration Date
05 Nov 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: 07-11-2019
    Business: Suit newly assigned to this court.
    Adv. Kharatmol for the Plaintiff present.
    Registered N/M 4082/19 @ affidavit in support filed by adv. for Plaintiff. t.o.r.
    Affidavit of service tendered by Plaintiff. t.o.r.
    Adv. Satakmkar h/f Adv. Chandekar for defendant no. 1 and 2 present.
    Matter is adjd. to 12.12.2019 for N/M reply / W/s
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 12-12-2019
    
    Date: 12-12-2019
    Business: Adv.Kulkarni  for the Plaintiff is present.
    Adv. Satamkar h/f Adv. Kandekar  for Defendant is  present.  He seeks time for tendring reply O granted.
    Matter is NT
    Earlier Ad-interim order, if any be continued till next date.
    Matter is adjd. for NM reply  to 13/02/2020.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 13-02-2020
    
    Date: 13-02-2020
    Business: Adv. P.N.Kulkarni  for plaintiff is present.
    Adv. Satamkar h/f Kandekar for defendant is present. He seeks time for tendering N/M reply.  O granted.
    Matter is adjd. for N/M reply to 19/03/2020.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 19-03-2020
    
    Date: 19-03-2020
    Business: Due to direction to combat Corona Virus, board is discharged as
    only matters for argument are taken up.
    Matter is adjd. for Compliance to 29.04.2020
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 29-04-2020
    
    Date: 29-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 20-05-2020
    
    Date: 20-05-2020
    Business: National Lock Down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 08-06-2020
    
    Date: 08-06-2020
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 20-10-2020
    
    Date: 20-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 05-11-2020
    
    Date: 05-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 14-01-2021
    
    Date: 14-01-2021
    Business: Both the parties and their advocates are absent.
    Defendants have failed to file reply. Hence, NM to proceed without reply.
    Matter is adjd. to 24/03/2021 for NM hearing.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 24-03-2021
    
    Date: 24-03-2021
    Business: Adv. Mr. Jamkhandi for the plaintiff.
    None for defendants.
    On oral request of the ld. advocate for the plaintiff, matter is adjd. to 24/06/2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-06-2021
    
    Date: 24-06-2021
    Business: due to covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-07-2021
    
    Date: 19-07-2021
    Business: Due to COVID-19 pandemic.
    Matter is adjourned.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-09-2021
    
    Date: 20-09-2021
    Business: Adv. Mr. Jamkhandi for the plaintiff present.
    None for defendants.
    Advocate for the plaintiff filed application for extension ad-interim
    relief. O- Other side to say.
    Say not filed by defendants.
    Earlier order if any, is continued till next date.
    Defendants have failed to file WS. Hence, the suit to proceed without WS against defendants.
    Matter is adjd. to 03/12/2021 for No WS hearing.
    Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
    Next Hearing Date: 03-12-2021
    
    Date: 03-12-2021
    Business: Adv Mr.Jamkhandi present for the plaintiff.
    Adv Pathak H/f Adv Kandekar present for the MHADA.
    Earlier order if any to continue till next date.
    Matter is adjd. to 20.01.2022 to hearing without WS.
    Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
    Next Hearing Date: 20-01-2022
    
    Date: 20-01-2022
    Business: Adv.Jamkhandi for plaintiff is present. None for defendant. Earlier order if any to continue till next date. Matter is adjd. to 08.03.2022 for Without WS.
    Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
    Next Hearing Date: 08-03-2022
    
    Date: 08-03-2022
    Business: Adv. Jamkhandi present for plaintiff.
    Adv. Pathak hf. Adv. Kandekar present for defendant/MHADA and sought adjournment for nm hrg.
    Heard arguments of plaintiff on nm no. 4082/19.
    Earlier order, if any, to continue till next date.
    Matter adjourned for nm arguments of def. To 25/03/22.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 25-03-2022
    
    Date: 25-03-2022
    Business: Adv. pooja present  for plaintiff and sought adjournment.
    Adv. Pathak hf adv. kandekar present for defendant/MHADA.
    Matter adjourned for nm hrg. To 28/06/22.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-06-2022
    
    Date: 28-06-2022
    Business: Advocate Jamkhandi present for plaintiff and sought adjournment.
    Advocate Pathak h/f Advocate Kandekar present for defendants /MHADA and sought adjournment.
    Earlier order, if any, to continue till next date.
    Matter adjourned for NM Hearing to 27.07.2022.
    Next Purpose: HEARING
    Next Hearing Date: 27-07-2022
    
    Date: 27-07-2022
    Business: Adv. Kulkarni hf adv. jamkhandi present for plaintiff and sought adjournment.
    None present for defendants.
    Earlier order, if any, to continue till next date.
    Matter adjourned for arguments to 18/08/22.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 18-08-2022
    
    Date: 18-08-2022
    Business: Adv.Jamkhandi for plaintiff present.
    None present for defendant.
    Earlier order, if any, to continue till next date.
    As per request of adv for plaintiff,matter adjourned for N/M Hearing to 22.09.2022 .
    Next Purpose: HEARING
    Next Hearing Date: 22-09-2022
    
    Date: 22-09-2022
    Business: Adv. Sejal Nag hf adv. jamkhandi present for plaintiff and sought adjournment.
    Adv. Pathak hf adv. Kandekar present for defendant/MHADA.
    Earlier order, if any, to continue till next date.
    Matter adjourned for nm hearing to 19/10/22.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-10-2022
    
    Date: 19-10-2022
    Business: Adv. R. A. Yadav hf adv. Jamkhandi present for plaintiff and sought adjournment.
    Adv. Pathak hf adv. Kandekar present for defendant/MHADA.
    Earlier order, if any, to continue till next date.
    Matter adjourned for nm hearing to 01/12/22.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-12-2022
    
    Date: 01-12-2022
    Business: None present for plaintiff.
    None present for defendants.
    As plaintiff and his adv are absent.
    Earlier order, if any, to continue till next date.
    Matter adjourned for Notice of Motion dismissal order to 17.12.2022.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 17-12-2022
    
    Date: 17-12-2022
    Business: Adv. R. A. Yadav hf adv. Jamkhandi present for plaintiff.
    Adv. Pathak hf adv. Kandekar present for defendant/MHADA and sought adjournment.
    Earlier order, if any, to continue till next date.
    Matter adjourned for nm hearing to 27/01/23.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-01-2023
    
    Date: 27-01-2023
    Business: Adv. Shejal Nag hf adv. jamkhandi present for plaintiff and sought adjournment.
    Adv. Harshita Darji hf adv. kandekar present for defendant/MHADA.
    Earlier order, if any, to continue till next date.
    As court is busy in dictating order on nm  in group matter i.e. suit no. 901/20, 902/20, 961/20, 962/20, 963/20 and 1030/20. Hence,
    Matter adjourned for nm hearing of defendant to 14-02-23.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-02-2023
    
    Date: 14-02-2023
    Business: Adv. Shejal Nag hf adv. Ashish Palte present for plaintiff and sought adjournment.
    Adv. Pathak hf adv. Kandekar present for defendant/MHADA.
    Earlier order, if any, to continue till next date.
    Matter adjourned for hearing of defendant to 17/03/23.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-03-2023
    
    Date: 17-03-2023
    Business: Adv Sushant Mishra h/f Adv Ashish Mhatre present for plaintiff and sought adjournment as plaintiff wants to advanced argument on NM no. 4082/2019 afresh.
    Adv Kandekar present for defendant/MHADA.
    Earlier order, if any, to continue till next date.
    Matter adjourned for NM hearing as a last chance to 11.04.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-04-2023
    
    Date: 11-04-2023
    Business: Adv. Shejal Nag present for plaintiff and undertake to file vp on next date and sought adjournment. None present for defendant. Plaintiff to remain present on the next date. None present for other defendants. Earlier order, if any, to continue till next date. Matter adjourned for nm hearing to 03/05/23.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-05-2023
    
    Date: 03-05-2023
    Business: P. O. is on leave
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-07-2023
    
    Date: 19-07-2023
    Business: Adv. Shejal Nag present for plaintiff. Adv. Janhavi Kandekar present for defendant/MHADA. Earlier order, if any, to continue till next date. Matter adjourned for NM Hearing to 23.08.2023
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-08-2023
    
    Date: 23-08-2023
    Business: Adv. Shejal Nag h/f. Adv. Jamkhandi present for plaintiff.
    Adv.Harshida Darji h/f. Adv. Kandekar present for defendant/MHADA.
    Record shows that plaintiffs counsel are seeking repeated adjournments since 2019 and ad-interim relief is extended on every date. This shows the plaintiff abusing procees of law. Therefore interim relief shall not be extended.
    Matter adjourned for NM Hearing to 18.10.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-10-2023
    
    Date: 18-10-2023
    Business: None present for plaintiff.
    Adv. Janhavi Kandekar h/f. Adv. Kandekar present for defendant/MHADA.
         Notice of Motion No. 4082/2019 is pending since last four years. Plaintiff is absent he is not taking steps to proceed with Notice of Motion No. 4082/2019.  Therefore, it appears plaintiff is not interested in proceeding with Notioce of Motion No. 4082/2019. Hence, I passed following order.
    ORDER
    1) Notion of Motion No. 4082/2019 is dismissed in default.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 18-10-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 111940/2019
    Filing Date: 05-11-2019
    First Hearing Date: 07th November 2019
    Decision Date: 18th October 2023
    Court Number And Judge: 8-COURT 08 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    18 Oct 2023
    Order Details: Notice of Motion
    Pdf Text: Date
    18.10.2023
    21
    Coram: H.H.J. Shri. V. G. Raghuwanshi, City Civil Court, Mumbai.
    (C.R.08)
    SU
    2841/2019
    NM
    4082/2019
    None present for plaintiff.
    Adv. Janhavi Kandekar h/f. Adv. Kandekar present for
    defendant/MHADA.
    Notice of Motion No. 4082/2019 is pending since last four years.
    Plaintiff is absent he is not taking steps to proceed with Notice of
    Motion No. 4082/2019. Therefore, it appears plaintiff is not
    interested in proceeding with Notioce of Motion No. 4082/2019.
    Hence, I passed following order.
    ORDER
    1) Notion of Motion No. 4082/2019 is dismissed in default.
    Matter adjourned for Recording evidence without written statement
    to 12.12.2023.
    Judge
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