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NOTICE OF MOTION

Nikhilesh K. JhaveriVsMHADA And Ors

CNR MHCC0101163620198-COURT 08 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 15th October 2022

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
104250/2019
Registration Date
15 Nov 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Respondent

    1. 1MHADA And Ors

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 15-11-2019
    Business: Adv.P.D.Gandhi for plaintiff present, he filed register NM 4250/19 along with affidavit in support
    Adv. Kandekar for defendant No. 1 present.
    Both the advocates sub mitted that propping work is not done as per direction dtd. 08.11.2019 and seeks adjournment.
    Matter adj for hearing to 27.11.2019.
    Next Purpose: HEARING
    Next Hearing Date: 27-11-2019
    
    Date: 27-11-2019
    Business: Adv.Sanket Mungale for plaintiff is present.
    Adv. Satamkar h/f Adv.Kandekar for defendant No.1 and 2 is present, he seeks time for tendering NM reply. O-granted as a last chance.
    Deputy Engineer Mr.Bhusan Kolhe D-3 ward MHADA is present.
    Matter adj for NM reply to 06.12.2020.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 06-12-2019
    
    Date: 06-12-2019
    Business: Adv.Hardik Desai for the Plaintiff present.
    Adv.  for Defendant present.
    KB
    L.O. 5.05 P.M.
    Adv. Hardik Desai for plaintiff
    Adv. Satamkar for defendant Nos. 1and 2
    Reply to NM NO.4250/2019.
    Exh-4 Written Statement.
    Copy is served on Advocate of plaintiff.
    Matter is adjd. for NM hearing to 08.01.2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-01-2020
    
    Date: 08-01-2020
    Business: Adv. P.D. Gandhi for Plaintiff is present. He submitted that propping work of ground work is completed.
    Adv. Kandekar  for defendant no.1 and 2 is present. He requested to keep the matter on 10/01/2020. Concerned officer of MHADA is directed to remain present before the court.
    Matter is adjd.  for NM hearing  to 10/01/2020 At 04.30 PM .
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-01-2020
    
    Date: 10-01-2020
    Business: Adv. P. D. Gandhi for Plaintiff is present.
    Adv. Kandekar for defendant no. 1 and 2 is present and he filed list of documents. t.o.r.
    Mr. Bhushan Kolhe, Deputy Engineer, D-3 ward, MHADA present.
    Heard arguments of Ld adv for the Plaintiff and Ld adv for Defendant no. 1 and 2.
    Matter is adjd to 28.01.2020 for order on N/M no. 4250/19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-01-2020
    
    Date: 28-01-2020
    Business: Court is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-02-2020
    
    Date: 07-02-2020
    Business: None present for plaintiff is.
    Adv.  Ramchandran Narayanan  for applicants in Ch/s   is present.  Original registered Ch/s  No.2325/2019  along with affidavit in support tendered by the Plaintiff. t.o.r.
    Adv. Kandekar for defendant no 1 and 2 is present.
    Matter is adjd.  for Ch/s reply  to 03/04/2020.
    Next Purpose: C/S REPLY
    Next Hearing Date: 03-04-2020
    
    Date: 03-04-2020
    Next Purpose: C/S REPLY
    Next Hearing Date: 17-04-2020
    
    Date: 17-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: C/S REPLY
    Next Hearing Date: 06-05-2020
    
    Date: 06-05-2020
    Next Purpose: C/S REPLY
    Next Hearing Date: 28-05-2020
    
    Date: 28-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: C/S REPLY
    Next Hearing Date: 15-06-2020
    
    Date: 15-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: C/S REPLY
    Next Hearing Date: 07-09-2020
    
    Date: 07-09-2020
    Business: National Lock Down
    Next Purpose: C/S REPLY
    Next Hearing Date: 21-12-2020
    
    Date: 21-12-2020
    Business: None present for the plaintiff
    Adv Kandekar present for the defendant no 1 and 2.
    Matter is adjd. to 16.04.2021 for Ch/s reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 16-04-2021
    
    Date: 16-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: C/S REPLY
    Next Hearing Date: 28-06-2021
    
    Date: 28-06-2021
    Business: due to covid-19
    Next Purpose: C/S REPLY
    Next Hearing Date: 12-08-2021
    
    Date: 12-08-2021
    Business: None for plaintiff.
    Adv. Mr. Sathamkar h/f Adv. Kandekar for defendant present.
    Defendants have failed to file reply to Ch/s. Hence, the Ch/s to proceed without reply against defendants.
    Defendants No.1 to 5 have failed to file WS. Hence, the suit to proceed without WS against defendants No.1 to 5.
    Matter is adjd. to 27/10/2021  for Ch/s hearing/no WS evidence.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 27-10-2021
    
    Date: 27-10-2021
    Business: Adv Sanket Mungale  for plaintiff present.
    Adv Pathak defendant MHADA present.
    Matter is adjd. To 14-01-2022 for Ch/s. Hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 14-01-2022
    
    Date: 14-01-2022
    Business: Due to SOP only urgent matters are taken up.
    Matter is adjd. to 30.03.2022 for CS hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 30-03-2022
    
    Date: 30-03-2022
    Business: Adv. S. M. Mungale present  for plaintiff.
    Adv. Pathak hf adv. Kandekar present for defendant 01 and 02/MHADA.
    None present for defendant no. 03.
    None present for applicant in chs. no. 2325/19.
    Matter adjourned for chs. no. 2325/19/dismissal order and nm hrg. To 11/04/22.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-04-2022
    
    Date: 11-04-2022
    Business: None present for plaintiff.
    None present for applicant in chs.
    Adv. Pathak hf adv. Kandekar present for defendant/MHADA.
    As plaintiff and apllicant in chs and their advocate are absent,
    Matter adjourned for cs 2325/19 dismissal order and nm hrg. To 18/06/22.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-06-2022
    
    Date: 18-06-2022
    Business: None present for plaintiff.
    Adv. Pathak h/f Adv. Kandekar present for defendant/MHADA.
    Applicant in Ch/S No. 2325/2019 are also absent.
    Matter adjourned for dismissal order of N/M and Ch/S to 08/07/2022.
    Next Purpose: DISMISSAL
    Next Hearing Date: 08-07-2022
    
    Date: 08-07-2022
    Business: Adv S.M. Mungle present for plaintiff.
    Adv Pathak h/f Adv Kandekar present for defendant no. 01 & 02.
    Applicant in Chamber Summons no.2325/19 is also absent.
    None present for defendant no. 03.
    From the record it appears that, applicant in Chamber Summons  no.2325/19 and there Adv are absent since long and did not take steps to proceed with the Chamber Summons  and therefore, today the matter is kept for dismissal order of Chamber Summons. Today also applicant in Chamber Summons and there Adv are absent. From the above conduct of applicant in Chamber Summons, it appears they are not interested to proceed further with Chamber Summons no.2325/19. Therefore, it will be appropriate to dismiss the Chamber Summons no.2325/19 as per Order 9 Rule 8 of the Code of Civil Procedure. Hence, Chamber Summons no.2325/19 is dismissed as per Order 9 Rule 8 of the Code of Civil Procedure.
    Adv for plaintiff sought adjournment for Notice of Motion Hearing.
    Matter adjourned for Notice of Motion Hearing to 12.08.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-08-2022
    
    Date: 12-08-2022
    Business: Adv. S. M. Mungale present for plaintiff and sought adjournment.
    None present for defendants.
    Matter adjourned for nm hearing/order to 19/09/22.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-09-2022
    
    Date: 19-09-2022
    Business: None present for plaintiff.
    Adv. Pathak hf adv. Kandekar present for defendant/MHADA.
    As plaintiff and his adv. are absent, Matter adjourned for dismissal order of nm no. 4250/2019 to 15/10/22.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 15-10-2022
    
    Date: 15-10-2022
    Business: None present for plaintiff.
    Adv. Pathak hf adv. Kandekar present for defendant 01 and 02/MHADA.
    None present for other defendant 03.
    From the record it appears that, plaintiff has taken out notice of motion no. 4250/2019.
    From the record it appears that, plaintiff and his adv. are absent since long and did not take steps to proceed further with the Notice of Motion no. 4250/2019 and therefore matter is kept for dismissal order of Notice of Motion no. 4250/2019. Today also plaintiff and his advocate are absent. From the above conduct of the plaintiff, it appears that plaintiff is not interested to proceed further with the Notice of Motion no. 4250/2019. Therefore, it will be appropriate to dismiss the Notice of Motion no. 4250/2019 as per Order 9 Rule 8 Of Code Of Civil Procedure. Hence, Notice of Motion no. 4250/2019 is dismissed as per Order 9 Rule 8 Of Code Of Civil Procedure.
    Matter adjourned for service of writ of summons/proof of service of defendant no. 03 to 30/11/22.
    l.o. at 04.13 pm.
    Adv. Sameer Solanki present for plaintiff.
    Nature Of Disposal: DISMISSED
    Disposal Date: 15-10-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 112452/2019
    Filing Date: 15-11-2019
    First Hearing Date: 15th November 2019
    Decision Date: 15th October 2022
    Court Number And Judge: 8-COURT 08 ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 2Full order available
    15 Oct 2022

    Order Details: Notice of Motion Pdf Text: Daily Status IN THE COURT OF :COURT 08 ADDL SESSIONS JUDGE Case No. :NOTICE OF MOTION/0104250/2019 Nikhilesh K. Jhaveri Vs MHADA And Ors Date : 15-10-2022 Business : None present for plaintiff. Adv. Pathak hf adv. Kandekar present for defendant 01 and 02/MHADA. None present for other defendant 03. From the record it appears that, plaintiff has taken out notice of motion no. 4250/2019. From the record it appears that, plaintiff and his…

    Read Full Order
    Final Order 1Full order available
    15 Oct 2022

    Order Details: Notice of Motion Pdf Text: Daily Status IN THE COURT OF :COURT 08 ADDL SESSIONS JUDGE Case No. :NOTICE OF MOTION/0104250/2019 Nikhilesh K. Jhaveri Vs MHADA And Ors Date : 15-10-2022 Business : None present for plaintiff. Adv. Pathak hf adv. Kandekar present for defendant 01 and 02/MHADA. None present for other defendant 03. From the record it appears that, plaintiff has taken out notice of motion no. 4250/2019. From the record it appears that, plaintiff and his…

    Read Full Order

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