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NOTICE OF MOTION

Homai Behram NamdarianVsAshok Phoolchand Prajapati

CNR MHCC01012373201959-Court 59 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 26th August 2022

TrustJury record updated 24 Sept 2026

Case Overview

Registration Number
104531/2019
Registration Date
29 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: 15-01-2020
    Business: Adv. Manek for plaintiff present.
    None Present for the Deft.
    Adv. for plff tendered registered NM No. 4531/19 alongwith affidavit. t.o.r.
    Later on at 4.20
    Adv. Sanjeev for defendant present.
    On the request of Ld. Counsel for deft matter is adjourned for filing reply to NM
    Matter adjd for NM reply on 25/02/2020 at 02.45 pm.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 25-02-2020
    
    Date: 25-02-2020
    Business: Adv. Manik for plaintiff present.
    None for defendant.
    Last chance granted to the defendant to file reply.
    Matter adjd for NM reply to 02-04-2020 at 2.45 pm.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 02-04-2020
    
    Date: 02-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 24-04-2020
    
    Date: 24-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 04-06-2020
    
    Date: 04-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 22-06-2020
    
    Date: 22-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 28-09-2020
    
    Date: 28-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 12-11-2020
    
    Date: 12-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 29-01-2021
    
    Date: 29-01-2021
    Business: Adv. Sanjeev Rapolu for defendant present.
    Adjd for NM reply to 18/03/2021
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 18-03-2021
    
    Date: 18-03-2021
    Business: Nobody present.
    Adjd for NM reply to 26/04/2021
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 26-04-2021
    
    Date: 26-04-2021
    Business: Court is vacant
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 06-08-2021
    
    Date: 06-08-2021
    Business: adj to 14-10-2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-10-2021
    
    Date: 14-10-2021
    Business: Court is vacant
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-11-2021
    
    Date: 25-11-2021
    Business: Court is Vacant.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-01-2022
    
    Date: 13-01-2022
    Business: Court is Vacant.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-03-2022
    
    Date: 04-03-2022
    Business: AS PO IS ON TRAINING
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-05-2022
    
    Date: 04-05-2022
    Business: As P.O.is in training
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-07-2022
    
    Date: 13-07-2022
    Business: Matter called out at 2.57 pm
    Adv Nandesh Manek H/f J.P.Thakkar for plff present
    None for Defendant
    K.B. L.O. at  4.26 pm
    On verification it is seen that NM is listed on 18.08.2022 in CIS it is taken on today\''s board.  Heard adv for plff on NM 4531/2019 adjd for argument of defendant.
    Matter is adjd on 04.08.2022 for NM Argument
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-08-2022
    
    Date: 04-08-2022
    Business: Matter called out at 3.07 pm
    Adv Nandesh Manek H/f J.P Thakkar for plff present
    None  for Defendant
    None present for defendant to argue on NM.  NM is fixed for order.
    Matter is adjd on 26.08.2022 for Order
    Next Purpose: ORDER
    Next Hearing Date: 26-08-2022
    
    Date: 26-08-2022
    Business: None  for plff
    None for Defendant
    Adv for plff has argued on Notice of Motion No. 4531/2019.  Defendant has not filed reply.  Adv for defendant failed to argue despite of giving sufficient opportunity.  Perused Notice of Motion and supporting affidavit.  Notice of Motion is taken out by the plaintiff to set aside the order dated 26.08.2019.  Whereby Notice of Motion No. 3114/2018 filed by the plaintiff came to be dismissed for want of hearing.  It is contended that adv for plff was in difficulty and plaintiff was not keeping well on 26.08.2019.  The statements made by the plaintiff on Oath are not disputed by defendant by filing reply affidavit.  In these circumstances, for deciding Notice of Motion No. 3114/2018 on merit, The present Notice of Motion can be allowed.  However, cost needs to be imposed for the delay caused by the plaintiff.  Therefore, following order is passed in Notice Motion No. 4531/2019.
    Order
    1.  Notice of Motion No. 4531/2019 is made absolute in  terms of clause (a) subject to payment of cost of Rs. 1000/- to DLSA.
    2.  Plaintiff shall comply the order of cost on or before next date.
    3.  After compliance of the cost Notice of Motion No. 3114/2018 be restored.
    4.  Notice of Motion No. 4531/2019 is disposed off accordingly.
    Matter is adjd on 16.11.2022 for Compliance
    Nature Of Disposal: ALLOWED
    Disposal Date: 26-08-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 113191/2019
    Filing Date: 29-11-2019
    First Hearing Date: 15th January 2020
    Decision Date: 26th August 2022
    Court Number And Judge: 59-Court 59 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    26 Aug 2022

    Order Details: Notice of Motion Pdf Text: Notice of Motion No. 4531 of 2019. None for plff None for Defendant Adv for plff has argued on Notice of Motion No. 4531/2019. Defendant has not filed reply. Adv for defendant failed to argue despite of giving sufficient opportunity. Perused Notice of Motion and supporting affidavit. Notice of Motion is taken out by the plaintiff to set aside the order dated 26.08.2019. Whereby Notice of Motion No. 3114/2018 filed by the plaintiff…

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