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NOTICE OF MOTION

Vishwanath So. Late Matasharan Yadav +2 moreVsVaikunthnath So.Matasaran Yadav

CNR MHCC01012495201962-COURT 62 AD-HOC ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--ALLOWED
Decision Date: 17th February 2023

TrustJury record updated 24 Sept 2026

Case Overview

Registration Number
104549/2019
Registration Date
02 Dec 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    4

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 16-01-2020
    Business: Advocate Mr. C.B. Yadav for Plaintiff present and filed registered Notice of Motion no.4549/2019 with affidavit in support, t.o.r.
    None present for Defendant.
    Case is adjourned to 26/02/2020 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 26-02-2020
    
    Date: 26-02-2020
    Business: Advocate Mr. Pradeep Yadav for Plaintiff present
    None present for Defendant.
    Case is adjourned to 26/06/2020 for NM reply.
    Next Purpose: NM REST0STORATION OF SUIT
    Next Hearing Date: 26-06-2020
    
    Date: 26-06-2020
    Business: Du to corona pandemic and national lockdown
    Next Purpose: NM REST0STORATION OF SUIT
    Next Hearing Date: 25-08-2020
    
    Date: 25-08-2020
    Business: Adjourned due to Covid-19
    Next Purpose: NM REST0STORATION OF SUIT
    Next Hearing Date: 06-11-2020
    
    Date: 06-11-2020
    Business: None present for Plaintiffs.
    None present for Defendants.
    It seems that due to Corona pandemic, parties are absent, hence case is adjourned to 08.02.2021
    Next Purpose: NM REST0STORATION OF SUIT
    Next Hearing Date: 08-02-2021
    
    Date: 08-02-2021
    Business: Adv Mr. C.B. Yadav for  plff present and mention the matter in the morning session and sought adjournment.
    Matter is on the board of afternoon session hence, K.B.
    L.O. at 5.20 p.m.
    None appeared for deft.
    Matter is kept for reply of deft to NM No.4549/2019.
    Perusal of roznama shows that plff has not filed affidavit of service till date. Plff to file affidavit of service.
    Matter is adjd. for filing affidavit of service to 21.04.2021
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 21-04-2021
    
    Date: 21-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 19-06-2021
    
    Date: 19-06-2021
    Business: As per circular No.106 dt.14.06.2021 holiday declared on 19.06.2021 hence matter adjd. to 21.06.2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 21-06-2021
    
    Date: 21-06-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 13-08-2021
    
    Date: 13-08-2021
    Business: Adv C.B. Yadav for plff present.
    None present for defendant.
    As court is busy in hearing arguments in High Court Time Bound SU No.1627/2013 and hearing in NM No. 4281/2016 hence, this matter is adjd. at same stage to 30.09.2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 30-09-2021
    
    Date: 30-09-2021
    Business: Adv Mr. C.B. Yadav for plff present and filed vakalatnama on behalf of the plaintiffs along with copy of power of attorney.
    None present for deft.
    Adv. for plff seeks time to file affidavit of service.
    Matter is adjd. for affidavit of service to 26.11.2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 26-11-2021
    
    Date: 26-11-2021
    Business: court is on leave.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 18-01-2022
    
    Date: 18-01-2022
    Business: Due to Covid-19, matter is adjd.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 16-04-2022
    
    Date: 16-04-2022
    Business: Adv. Yadav for plaintiff present and filed affidavit of service of NM
    No.4549 of 2019. Affidavit of service shows that defendant is
    properly served with Notice of Motion through his son on
    17/12/2019.
    None appeared for the defendant today.
    On account of train accident, there is difficulty for the litigants to
    reach to the court today hence, matter be kept for No Reply order
    to 16/06/2022.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 16-06-2022
    
    Date: 16-06-2022
    Business: Preciding Officer is on Leave.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 19-07-2022
    
    Date: 19-07-2022
    Business: Adv.C.B.Yadav for plaintiff present.
    Matter adjd to 17.08.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-08-2022
    
    Date: 17-08-2022
    Business: None present for both sides.
    Matter adjd to 29.09.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-09-2022
    
    Date: 29-09-2022
    Business: Advocate Ramesh Singh i/b Adv. C.B. Yadav for plaintiff present.
    None present for defendant.
    Heard arguments of plaintiff on NM.
    No arguments of defendant.
    Matter adjourned to 19.11.2022 for NM order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 19-11-2022
    
    Date: 19-11-2022
    Business: None present for both sides.
    KB
    LO at 05.15 pm
    ORDER
    Read the roznama dated 16.04.2022. No reply order is not yet passed against the defendant. Read the service affidavit. Read the roznama dated 16.04.2022. The defendant though served, failed to appear and filed reply in NM 4549/2019. Already arguments of the plaintiffs are heard, hence, NM to proceed without reply.
    Matter adj. to 10.12.2022 for NM order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 10-12-2022
    
    Date: 10-12-2022
    Business: None present for both sides.
    KB for order.
    LO at 05.55 pm
    (As Court is busy in dictating orders in other matters, hence, adjourned.)
    Matter adj. to 10.01.2023 for order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 10-01-2023
    
    Date: 10-01-2023
    Business: Adv.C.B.Yadav for plaintiff present.
    None present for defendants.
    (As Court is busy in dictating order in draft NM (interim), NM 4081/2022 and NM 1147/2021, hence, adjourned.)
    Matter adjd to 02.02.2023 for NM order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 02-02-2023
    
    Date: 02-02-2023
    Business: Adv.C.B. Yadav for plaintiff present.
    None present for defendants.
    Due to paucity of time and as court is busy in hearing in NM 2126/22, hence, adjourned.
    Matter adjd to 17.02.2023 for NM orders.
    Judge
    Next Purpose: NM  ORDERS
    Next Hearing Date: 17-02-2023
    
    Date: 17-02-2023
    Business: Adv.C.B. Yadav for plaintiff present.
    KB
    LO at 05.35 pm
    F.R.S.R. the following order is passed
    ORDER
    1.Notice of Motion No.4549 of 2019 is allowed subject to costs of Rs.5000/- (rupees five thousand).
    2. Delay in filing notice of motion is condoned .
    3.Order dated 07.01.2016 dismissing Suit No.3295/2014 is set aside.
    4.Out of the amount of costs, Rs.2500/- shall be deposited with legal aid and amount of Rs.2500/- shall be paid to the defendant.
    5.On compliance of order as to payment of costs, Suit No.3295/2014 shall be restored to its original file.
    6. Notice of Motion No.4549/2019 is disposed of accordingly.
    Nature Of Disposal: ALLOWED
    Disposal Date: 17-02-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 113250/2019
    Filing Date: 02-12-2019
    First Hearing Date: 16th January 2020
    Decision Date: 17th February 2023
    Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    17 Feb 2023

    Order Details: Notice of Motion Pdf Text: 1 NM 4549/2019 MHCC010124952019 IN THE BOMBAY CITY CIVIL COURT AT MUMBAI NOTICE OF MOTION NO. 4549 OF 2019 IN NOTICE OF MOTION NO.707 OF 2016 IN SUIT NO. 3295 OF 2014 1. Vishwanath S/o Late Matasharan Yadav & Ors. ...Plaintiffs Vs. Vaikunthnath s/o Matasharan Yadav ...Defendant Appearance : Adv. Mr. C.B. Yadav for the plaintiffs. Adv. Mr. Jaljit Sharma for the defendant. CORAM : HHJ Rajesh A. Sasne (C.R.NO.62) Date : 17th…

    Read Full Order

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