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NOTICE OF MOTION

Jasaiprasad Khaderuprasad VermaVsSubhashchandra Gorakhprasad Verma

CNR MHCC0101122020199-COURT 09 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHERWISE
Decision Date: 20th July 2023

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
104083/2019
Registration Date
05 Nov 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Petitioner

    1. 1Jasaiprasad Khaderuprasad Verma

    Respondent

    1. 1Subhashchandra Gorakhprasad Verma

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 04-01-2020
Business: Court is on half day leave.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 11-03-2020

Date: 11-03-2020
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 25-06-2020

Date: 25-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 09-10-2020

Date: 09-10-2020
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 16-12-2020

Date: 16-12-2020
Business: None present for both the sides.
Matter is adjd. to 01.03.2021 for service.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 01-03-2021

Date: 01-03-2021
Business: None present.
Last chance is granted for service of summons.
Matter is adjd. to 27/04/2021 for service of summons and NM hearing.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 27-04-2021

Date: 27-04-2021
Business: due to covid-19
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 20-07-2021

Date: 20-07-2021
Business: due to covid-19
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 16-09-2021

Date: 16-09-2021
Business: None present.
As court is busy in inspection of Notary Work, hence, Matter adjourned to. 21/10/21
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 21-10-2021

Date: 21-10-2021
Business: Court is on leave.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 16-12-2021

Date: 16-12-2021
Business: Adv Mr.P.M.Shah present for the plaintiff. He filed affidavit of service TOR
As Court is busy in hearing arguments in SU 2445/19 in NM 640/19 and urgent matters and by precipe matter on board. Hence, board is discharged.
Matter is adjd. to 17.02.2022 for CS reply.
Next Purpose: C/S REPLY
Next Hearing Date: 17-02-2022

Date: 17-02-2022
Business: None present for the plaintiff.
Adv.Mangal Kadam for defendant no.5/MHADA present.
Matter is adjd. to 25.04.2022 for CS reply.
LO at 04.19 pm
Adv Pankaj Shah for plaintiff present and tendered register NM No.4083/19 TOR
Next Purpose: C/S REPLY
Next Hearing Date: 25-04-2022

Date: 25-04-2022
Business: Adv. Chirag for plaintiff present and filed registered Ch/s 1404/2021.
Adv.Mangal Kadam for defendant no. 7/MHADA present.
Matter is adjd. to 05-07-2022 for reply to Ch/s.
Next Purpose: C/S REPLY
Next Hearing Date: 05-07-2022

Date: 05-07-2022
Business: Adv. Pankaj Shah for plaintiff present.
Adv.Mangal Kadam for defendant/MHADA present and seeking time to file reply.-O-Time granted.
None present for other defendant.
Matter is adjd.to 07-09-2022  for filing reply.
Next Purpose: REPLY
Next Hearing Date: 07-09-2022

Date: 07-09-2022
Business: None present for plaintiff.
Adv. Mangal Kadam for defendant/MHADA present and submitted that she is not going to file reply.
Kb for order
LO at 3.59 pm.
Adv. Pankaj shah for plaintiff present.
F.R.S.R. Following order is passed in Ch/s no. 1404/2021
Order
1. Chamber Summons No. 1404 of 2021 is hereby allowed and condoned the delay  subject to payment of costs of Rs.1,000/- payable by applicants jointly to the defendants on or before next date.
2. The Applicants are directed to carry out amendment as prayed on or before next date as per the schedule annexed to the chamber summons with further directions to the applicants to place on record amended copies of the suit plaint and directed to furnish copy of amended plaint to the defendants.
3. No order as to costs.
4. Chamber Summons No.1404 of 2021 stands disposed of accordingly.
Matter is adjd. to 04.11.2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-11-2022

Date: 04-11-2022
Business: Court is on leave.
Hence, Matter is adjourned to next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-01-2023

Date: 06-01-2023
Business: Adv. P.M. Shah for plaintiff present and filed affidavit and submitted that he is representing legal heirs of deceased of plaintiff.  He issued notice to legal heirs for further compliance in this matter by issuing registered notice, but they failed to appear and contact him. Hence, he wants to withdraw his VP from this matter.
Considering the reason mentioned in the affidavit and he informed legal heirs of the plaintiff, Permission is granted to withdraw his VP in this matter.
The NM no. 4083/19 is pending for filing reply but other party have failed to file reply. Hence, no reply order is passed against defendants.
Adv. Mangal Kadam for defendant no.7/MHADA present.
Perusing record, it appears that ch/s is allowed but the plaintiff\''s legal heirs not came on record till today and not carried out amendment. If plaintiff failed to comply, the NM will be decided on merit.
Matter is adjourned to 21.02.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-02-2023

Date: 21-02-2023
Business: As Court is busy hearing argument in High Court Time Bound Rev. Petition No. 22/2023. Hence, Board is discharged.
Matter is adjourned to 12.04.2023 for Notice of Motion hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-04-2023

Date: 12-04-2023
Business: None present for the plaintiff.
Adv. Mangal Kadam for defendant No.6/MHADA present.
Matter is adjourned to 20.07.2023 for Notice of Motion hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-07-2023

Date: 20-07-2023
Business: Adv. Mr. S. Desai h/f Adv. Piysh Shah for the plaintiff is present.
Adv. Ms. Mangal Kadam for defendant No. 7/MHADA is present.
Order below exhibit No. 01:
It is submitted by ld. advocate for the plaintiff that plaintiff is died and Ch/s No. 1404/2021 was tendered for bringing on record legal-heirs of plaintiff which was allowed on 04.11.2022. Accordingly, he issued notice to legal-heirs for further compliance in this matter, but they failed to appear. They contacted and replied that they don’t want to join in the suit. Therefore, no legal-heirs of plaintiff could be brought on record. Thus, it transpires that plaintiff is expired and no legal-heirs are brought on record despite allowing Ch/s No. 1404/2021. Therefore, suit stands disposed of as abated and NM No. 4083/2019 stands disposed off.
Nature Of Disposal: OTHERWISE
Disposal Date: 20-07-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 111886/2019
Filing Date: 05-11-2019
First Hearing Date: 04th January 2020
Decision Date: 20th July 2023
Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    20 Jul 2023
    Order Details: Other
Pdf Text: 20.07.2023
Sr. No. 72
CORAM: H.H.J. SHRI. V.V. PATIL (C.R. NO.09)
SU 378/19
NM 4083/19
Adv. Mr. S. Desai h/f Adv. Piysh Shah for the plaintiff is present.
Adv. Ms. Mangal Kadam for defendant No. 7/MHADA is present.
Order below exhibit No. 01:
It is submitted by ld. advocate for the plaintiff that plaintiff is died
and Ch/s No. 1404/2021 was tendered for bringing on record
legal-heirs of plaintiff which was allowed on 04.11.2022.
Accordingly, he issued notice to legal-heirs for further compliance
in this matter, but they failed to appear. They contacted and replied
that they don’t want to join in the suit. Therefore, no legal-heirs of
plaintiff could be brought on record. Thus, it transpires that
plaintiff is expired and no legal-heirs are brought on record despite
allowing Ch/s No. 1404/2021. Therefore, suit stands disposed of as
abated and NM No. 4083/2019 stands disposed off.
Judge
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