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NOTICE OF MOTION

Mrs.Nirmala Ajay KurheVsUmesh Manohar Waje +3 more

CNR MHCC0101161220193-COURT 03 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--OTHER
Decision Date: 05th January 2023

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
104241/2019
Registration Date
15 Nov 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    5

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 03-12-2019
    Business: Adv. Patil for plaintiff present and filed original NM no. 4241/19 supported by affidavit and along with affidavit of service of NM.
    Adv. Dukhale for defendant no. 1 present and filed VP.
    Vakalatnama filed on behalf of defendant no. 1.
    Adv. Subhash Vasave for defendant no. 2 present.
    Matter stands Adj for reply to NM on 28.01.2020.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 28-01-2020
    
    Date: 28-01-2020
    Business: Adv. Bhosale for plaintiff present.
    Adv. Jadhav for defendant no. 1 present and seeks time to file reply to NM. Time granted.
    Adv. Kadu for defendant no. 2 present and filed reply to NM no. 4241/19. Copy served on other sides.
    Matter stands Adj for hearing on NM to 23.03.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-03-2020
    
    Date: 23-03-2020
    Business: adjourned
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-04-2020
    
    Date: 01-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-04-2020
    
    Date: 16-04-2020
    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: NM FOR HEARING
    Next Hearing Date: 05-05-2020
    
    Date: 05-05-2020
    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: NM FOR HEARING
    Next Hearing Date: 27-05-2020
    
    Date: 27-05-2020
    Business: In view of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-06-2020
    
    Date: 12-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-09-2020
    
    Date: 07-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-11-2020
    
    Date: 23-11-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-01-2021
    
    Date: 22-01-2021
    Business: Advocate for Plaintiff absent.
    Advocate Ms. Dukhale for defendant no.1 present.
    Advocate Ms. Heena Vora for defendant no. 2present.
    The case is adjourned to 06.03.2021 for NM   hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-03-2021
    
    Date: 06-03-2021
    Business: As the Court is busy in dictating NM orders in SU No. 1391/20,1179/15, hearing in SU No. 1005/18 and Kachha Commercial 23/21 hence afternoon session board is discharged.
    The case is adjourned to 17.04.2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-04-2021
    
    Date: 17-04-2021
    Business: Declared holiday as per Office Order 81 of 2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-07-2021
    
    Date: 08-07-2021
    Business: Court is vacant
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-09-2021
    
    Date: 06-09-2021
    Business: Matter called out at 04.21 p.m. None present for plaintiff. Adv. Karan Desai I/b Mehul Shah for Deft. No.1 present. Adv. Heena Vora for Deft. No.2 present. Deft. No. 1 tendered draft NM. TOR. O-leave granted to register the draft NM. draft NM handed over to the defendant for registration. Matter stands adjourned to 04.10.2021 for NM reply.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-10-2021
    
    Date: 04-10-2021
    Business: Matter called out at 4.04 p.m.
    None present for palintiff
    Adv. Chaitali Jadhav for Deft. No.1 present.
    Matter stands adjourned to 22.11.2021 for NM hearing.
    Later on at 5.30 p.m.
    Adv. Forum Prajapati for Deft. No.2 present.
    Already adjourned to 22.11.2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-11-2021
    
    Date: 22-11-2021
    Business: Court is on leave. Hence, Board is discharged.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-12-2021
    
    Date: 08-12-2021
    Business: Matter called out at 3.19 p.m.
    None present for plaintiff.
    Omkar Mayekar, Intern of Advocate for Deft. No.2 present.
    Matter stands adjourned to 28.01.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-01-2022
    
    Date: 28-01-2022
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-03-2022
    
    Date: 24-03-2022
    Business: Matter called out at 3.03 p.m.
    None present for plaintiff.
    Adv. Barkha Dubey h/f Sushil Matkar for Deft. No.2 present.
    Matter stands adjourned to 28.04.2022 for NM hearing.
    Later on at 3.15 p.m.
    Adv. Chaitali Jadhav I/b Mehul Shah for Deft. No.1 present. She tendered
    affidavit in service in NM No.2064/2021. TOR.
    Already adjourned to 28.04.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-04-2022
    
    Date: 28-04-2022
    Business: None present for plaintiff.
    Adv. Chaitali Jadhav for Deft. no.1 present.
    As court is busy in dictating judgment in SU no. 3536/13 and SU no.594/08.
    Matter stands adjourned to 08.07.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-07-2022
    
    Date: 08-07-2022
    Business: None present for plaintiff.
    Adv. Deepti Thosar for Deft. no.1 present.
    Issue notice of appearance to the plaintiff through bailiff/RPAD.
    Matter stands adjourned to 07.09.2022 for appearance of plaintiff.
    Next Purpose: FOR APPERANCE
    Next Hearing Date: 07-09-2022
    
    Date: 07-09-2022
    Business: Adv. Dipti Thosar for Deft. no.1 present.
    Re-Issue notice of appearance to the plaintiff through bailiff/RPAD.
    Matter stands adjourned to 22.11.2022 for appearance of plaintiff.
    Next Purpose: FOR APPERANCE
    Next Hearing Date: 22-11-2022
    
    Date: 22-11-2022
    Business: Adv. Chaitali Jadhav for Deft. no.1 present.
    Adv. Aditya Mandavkar for Deft. no.2 present.
    None present for plaintiff.
    Report awaited.
    Later on bailiff report received. TOR. Exh.08. It shows that report is unserved upon plaintiff.
    Put up for dismissal.
    Matter stands adjourned to 05.01.2023 for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 05-01-2023
    
    Date: 05-01-2023
    Business: Adv. Tisha Chaurasia for Deft. No.2 present.
    None present for plaintiff.
    Later on at 3.28 p.m.
    Adv. Chaitali Jadhav for Deft. No.1 present.
    Notice of appearance was issued by this court to the plaintiff on registered address mentioned in the plaint. However, as per report Exh.08, the plaintiff is not found at the given address. On inquiry, it is informed that plaintiff has left the premise since 5 year back and details of new address are not known. As per the provisions of Order VI Rule 14-A(2) of CPC (Bombay High Court Amendment) every change of address is required to be intimated to the adverse parties, as well as to the court. However, the plaintiff failed to submit the new address to the court. Thus, in view of provisions of Order VI Rule 14-A sub-rule(5) clause (a), the suit deserves to be dismissed in default for not submitting the changed registered address. In the result, I proceed to pass the following order.
    Suit is dismissed in default for non submission of changed registered address. Proceeding is hereby closed.
    As suit is disposed of, nothing survives in NM No.4241/19 and NM No.2064/21. Hence, disposed of accordingly.
    Nature Of Disposal: OTHER
    Disposal Date: 05-01-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 112350/2019
    Filing Date: 15-11-2019
    First Hearing Date: 03rd December 2019
    Decision Date: 05th January 2023
    Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    05 Jan 2023

    Order Details: Notice of Motion Pdf Text: IN THE COURT OF :COURT 03 ADDL SESSIONS JUDGE Case No. :NOTICE OF MOTION/0104241/2019 Mrs.Nirmala Ajay Kurhe Vs 1.Umesh Manohar Waje 2.Smt.Kamala Ram Krishan Bhujbal 3. MCGM 4. The Secretary chairman Date : 05-01-2023 Business : Adv. Tisha Chaurasia for Deft. No.2 present. None present for plaintiff. Later on at 3.28 p.m. Adv. Chaitali Jadhav for Deft. No.1 present. Notice of appearance was issued by this court to the plaintiff on registered address…

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