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NOTICE OF MOTION

Kishore Chheda in Su. St. No.9200 of 19VsMCGM And Ors.

CNR MHCC0101223320195-COURT 05 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 03rd May 2024

TrustJury record updated 24 Sept 2026

Case Overview

Registration Number
104471/2019
Registration Date
27 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: 16-12-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-01-2020
    
    Date: 29-01-2020
    Business: None for plaintiff.
    Advocate for defendant no. 4 present.
    She filed reply to N/M.
    Copy served.
    Advocate Vyavahare for defendant/BMC present.
    K/B
    Advocate for plaintiff present.
    Adjourned for N/M Hearing to 17/04/2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-04-2020
    
    Date: 17-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-05-2020
    
    Date: 06-05-2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-05-2020
    
    Date: 28-05-2020
    Business: In view of extension 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: 15-06-2020
    
    Date: 15-06-2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-08-2020
    
    Date: 03-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-09-2020
    
    Date: 21-09-2020
    Business: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-12-2020
    
    Date: 02-12-2020
    Business: Advocate for plaintiff present.
    Advocate Vyavahare for defendant/BMC present.
    Adjourned for N/M Hearing to 13/01/2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-01-2021
    
    Date: 13-01-2021
    Business: Court is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-01-2021
    
    Date: 15-01-2021
    Business: Court is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-01-2021
    
    Date: 27-01-2021
    Business: Advocate for plaintiff present.
    Advocate Vyavahare for deft/BMC No.1 to 3 present. She has filed Written Statement Exh.05. Copy served on advocate for D/4.
    Advocate P.D. Gandhy for D/4 present.
    None present for D/5. He has failed to file reply to NM. Therefore, NM to proceed without reply against D/5.
              Learned advocate for plaintiff has submitted that though he has served letter dated 18.01.2021, he has not received the documents from defendant BMC. Learned advocate for defendant BMC is submitting that she has to go through the documents and then provide them. The letter is not received to her. Learned advocate for plaintiff also submitted if he receives the documents, probably he may not proceed with the notice of motion. In such scenario, the matter is adjourned to next date. Learned advocate for defendant BMC shall go through the documents and provide the copies of the documents as is averred in the letter of plaintiff dated 18.01.2021 or make submissions if any, on next date.
    Adjourned for Compliance to 17-02-2021.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 17-02-2021
    
    Date: 17-02-2021
    Business: Advocate for plaintiff  present.
    She vaguely submitted that defendant/BMC has not given inspection of all documents.
    Advocate for defendant no. 4 present.
    Advocate Mrs. Vyavahare for defendant/BMC present.
    Officer- Smt. Neeta Marathe, Administrative officer, Estate present.
    Adjourned for compliance to 24/03/2021.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 24-03-2021
    
    Date: 24-03-2021
    Business: None for plaintiff.
    Advocate for defendant no. 4 present. He filed registered N/M No. 886/2021.
    Advocate Mrs. Patil for defendant/BMC present.
    L.O. at 2.50 p.m.
    Advocate Chitrangada Singh for plaintiff present. She filed pursis alongwith documents and reply to N/M No. 886/2021 t.o.r.
    Adjourned for N/M Reply to 23/06/2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 23-06-2021
    
    Date: 23-06-2021
    Business: As court is on leave, matter is adjd. to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 30-06-2021
    
    Date: 30-06-2021
    Business: In view of Office Circular/Order 106/2021 Dt. 14-06-2021 , only urgent matters are taken, hence the remaining board is discharged.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 30-07-2021
    
    Date: 30-07-2021
    Business: In view of Office Circular/Order 106/2021 Dt. 14-06-2021 , only urgent matters are taken, hence the remaining board is discharged, Hence matter is adjd. to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 28-08-2021
    
    Date: 28-08-2021
    Business: Adv. absent for plaintiff.
    Adv. Panchal for defendant no. 04.
    Adv. Vidya Vyavahare present  for MCGM/defendant no. 01,02 and 03.
    Matter adjourned for nm reply to. 26/10/2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 26-10-2021
    
    Date: 26-10-2021
    Business: Adv. Chitragandha Singh present for plaintiff.
    Adv. Vidya Vyavahare @ Adv. Sutar present  for MCGM and Def no. 1, 2 and 3
    Adv. Panchal present for def. No. 4
    Matter adjourned for hearing 14-12-2021.
    Next Purpose: HEARING
    Next Hearing Date: 14-12-2021
    
    Date: 14-12-2021
    Business: Adv. Ashwin present for plaintiff and sought adjournment for nm hrg.
    Adv. Vidya present for MCGM/defendant.
    Adv. labde for deff. no. 04.
    Matter adjourned for nm hrg. as a last chance to. 03/02/22.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-02-2022
    
    Date: 03-02-2022
    Business: In view of the office order no. 07/2022 dated. 07/01/22 of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06/01/22 of Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge of COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s.
    Matter is adjd.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-04-2022
    
    Date: 21-04-2022
    Business: H.H.J gone to training programe at Uttan hence, board discharged matter adjd to.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-07-2022
    
    Date: 14-07-2022
    Business: As court is busy.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-09-2022
    
    Date: 03-09-2022
    Business: Due to holiday declared.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-11-2022
    
    Date: 01-11-2022
    Business: Adv. Singh for plaintiff.
    Adv. Vyavhare @ Sutar present for MCGM/Defendant no. 1 to 3.
    Adv. Laxmi Panchal for def. 4.
    Matter adjourned for Order on 10-11-2022.
    Next Purpose: ORDER
    Next Hearing Date: 10-11-2022
    
    Date: 10-11-2022
    Business: None for Plaintiff.
    Adv. Smt. Vidya Vyavahare for MCGM/ defendant  present.
    FRSR the following order is passed on Notice of Motion No. 886 of 2021
    ORDER
    1. Notice of Motion No.886 of 2021 is made absolute in terms of prayer clause(a) to (d) subject to payment of Rs.1,000/- to the Legal Aid Services Authority Account on or before next date.
    2. On payment of costs, order dt.25/11/2019 stands set aside and the defendant No.4 is permitted to file reply to the Notice of Motion and written statement by condoning delay of 484 days.
    3. Notice of Motion is disposed of accordingly.
    Matter is adjd for NM hearing on 04-01-2023
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-01-2023
    
    Date: 04-01-2023
    Business: As Court is busy in judgment dictating in Suit No. 1203 of 2009 and order dictating in Suit No. 1586 of 2022 and Suit No.687 of 2022. Hence want of time board is discharged.
    Matter is adjd for NM hearing on 17-02-2023
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-02-2023
    
    Date: 17-02-2023
    Business: As Court is busy in order dictating matter in Stamp No. 1622 of 2023 and urgent hearing matters. Hence want of time board is discharged.
    Matter is adjd on 03-04-2023
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-04-2023
    
    Date: 03-04-2023
    Business: Adv Gaikwad I/b Clove Legal  for plaintiff present.
    Adv Hardik Desai for deft no. 2 present.
    Adv. Smt. Vidya Vyavahare for MCGM/ defendant  present.
    On oral request made by advocate for plaintiff, short adjournment is granted.
    Matter is adjd for NM hearing on 27-06-2023
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-06-2023
    
    Date: 27-06-2023
    Business: None for plaintiff.
    Adv. Shah for D-4 present.
    Adv. Ms. Vyavahare for MCGM present.
    Matter is adjd to 22.08.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-08-2023
    
    Date: 22-08-2023
    Business: Adv. Ayush Yadav i/b Clove Legal for Plaintiff present.
    Adv. Ms. Rawade for MCGM present.
    On oral request of Ld. Adv. For plaintiff matter is adjourned.
    Matter is adjd  to 04.11.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-11-2023
    
    Date: 04-11-2023
    Business: The P.O. is on leave. Hence, matter is adjourned.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-01-2024
    
    Date: 09-01-2024
    Business: Adv. Nehal Gaikwad i/b Clove Legal for Plaintiff present.
    Adv. Ms. Rawade for MCGM present.
    On oral request of Ld. Adv. For plaintiff matter is adjourned.
    Matter is adjd  to 05.03.2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-03-2024
    
    Date: 05-03-2024
    Business: None for Plaintiff.
    Adv. Vyavahare for defendant/BMC present.
    Matter is adjd  to 06.04.2024 for NM hearing.
    Later on at 3.15 p.m. Adv. Nehal Gaikwad i/b Colve Legal for plaintiff present.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-04-2024
    
    Date: 06-04-2024
    Business: Adv. Nehal Gaikwad i/b Clove Legal for Plaintiff present.
    Adv. Vyavahare for defendant/BMC present.
    On oral request of Ld. Adv. For plaintiff matter is adjourned.
    Matter is adjd  to 03.05.2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-05-2024
    
    Date: 03-05-2024
    Business: Adv. Nehal Gaikwad i/b Clove Legal for Plaintiff present.
    Plaintiff no. 2 Mayur Mahendrda Chheda is present.
    Plaintiff No. 3 Dhiren Kisanlal Doshi is present.
    Adv. Pradeep Patil for MCGM present.
    Ld. Adv. for plaintiff has filed an application for passing abatement order to the extent of plaintiff no. 1 in view of his death along with copy of death certificate. Taken on record and marked at Exh.6
    Order on Exh.6
    Application is supported by the copy of death certificate of the plaintiff no. 1 which shows that the plaintiff no. 1 is expired on 08.06.2022. Hence, considering these circumstance, application Exh.   is allowed. Accordingly, suit stands abated to the extent of plaintiff no. 1 in view of his death.
    Ld. Adv. for plaintiff has filed an application for withdrawl of suit. Taken on record and marked at Exh.7
    Order on Exh.7
    Contents in the application are read over to the plaintiff no. 2 and 3 in the presence of their advocate and they have admitted the contents in it. Since the plaintiff no. 2 and 3 are voluntarily withdrawing the suit unconditionally. Hence, application for withdrawal of suit is allowed.
         In view of application Exh. 7 and order passed on it, L. C. suit No. 144 of 2020 stands disposed of for want of prosecution as withdrawn.
    Ld. Adv. for plaintiff not pressed the notice of motion no. 4471/19. Hence, NM No. 4471/19 stands disposed of for want of prosecution.
    L. C. Suit No. 144 of 2020 and notice of motion No. 4471 of 2019 stands disposed of accordingly.
    Nature Of Disposal: WITHDRAWL
    Disposal Date: 03-05-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 113028/2019
    Filing Date: 27-11-2019
    First Hearing Date: 16th December 2019
    Decision Date: 03rd May 2024
    Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    03 May 2024

    Order Details: Notice of Motion Pdf Text: 03.05.2024 CORAM: SHRI R. M. MISHRA, ADDL. SESSIONS JUDGE C.R.NO.5 SU. 144/20 Exh. 6 Exh. 7 Adv. Nehal Gaikwad i/b Clove Legal for Plaintiff present. Plaintiff no. 2 Mayur Mahendrda Chheda is present. Plaintiff No. 3 Dhiren Kisanlal Doshi is present. Adv. Pradeep Patil for MCGM present. Ld. Adv. for plaintiff has filed an application for passing abatement order to the extent of plaintiff no. 1 in view of his death along with…

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