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NOTICE OF MOTION

B. Duja ThoresVsJosh Anthony Kulangara and Ors.

CNR MHCC0101261420192-COURT 02 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--ALLOWED
Decision Date: 13th June 2022

TrustJury record updated 24 Sept 2026

Case Overview

Registration Number
104604/2019
Registration Date
04 Dec 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
    Business: Adv. Nikita Bhausal for plaintiff present.
    She tendered register NM 4604/19 t.o.r.
    Copy be served upon other side.
    Adjourned for service to 27.01.2020.
    Next Purpose: SERVICE
    Next Hearing Date: 27-01-2020
    
    Date: 27-01-2020
    Business: None present.
    Service report not filed.
    Adjourned for service report to 18.02.2020
    Next Purpose: SERVICE
    Next Hearing Date: 18-02-2020
    
    Date: 18-02-2020
    Business: Adv Nikita Bhavsar for plff present.
    She seeks time to file affidavit of service.  Granted.
    Matter stands Adj for affidavit of service to 23/03/2020.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 23-03-2020
    
    Date: 23-03-2020
    Business: adjourned
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 01-04-2020
    
    Date: 01-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 16-04-2020
    
    Date: 16-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 05-05-2020
    
    Date: 05-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 27-05-2020
    
    Date: 27-05-2020
    Business: National Lockdown
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 12-06-2020
    
    Date: 12-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 04-08-2020
    
    Date: 04-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 01-10-2020
    
    Date: 01-10-2020
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 07-12-2020
    
    Date: 07-12-2020
    Business: None present.
    Matter stands Adj for service to 04.02.2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 04-02-2021
    
    Date: 04-02-2021
    Business: Adv Ms. Bhavsar for plff present.
    She seeks time.
    Matter stands Adj for affidavit of service to 11.03.2021
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 11-03-2021
    
    Date: 11-03-2021
    Business: After dismissal of the suit on 16/11/2019, plff tendered NM 4604/2019 for restoration of the suit but failed to file affidavit of service of NM on defts.  Hence last chance is granted to the plff for service of NM on defts.
    Matter stands Adj for Affidavit of Service, in default for dismissal of NM to 22/04/2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 22-04-2021
    
    Date: 22-04-2021
    Business: Due to Covid-19
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 06-07-2021
    
    Date: 06-07-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 23-08-2021
    
    Date: 23-08-2021
    Business: None for plff.
    Plff failed to file affidavit of service on defts inspite of sufficient opportunities.  Case is fixed for dismissal of NM.
    Matter stands Adj for Dismissal of NM to 13/10/2021.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 13-10-2021
    
    Date: 13-10-2021
    Business: Adv Nikita Bhavsar for plff present.
    Matter stands Adj for NM Dismissal to 01/12/2021.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 01-12-2021
    
    Date: 01-12-2021
    Business: Adv Nikita Bhavsar for plff present.
    She filed affidavit of service. t.o.r.
    Adv for plff submitted that defts are residing together and deft no. 1 accepted the service through RPAD.  Affidavit of service is supported with postal acknowledgement.
    Matter stands Adj for ex-parte order on NM to 01/02/2022.
    Next Purpose: NM  EX-PARTE
    Next Hearing Date: 01-02-2022
    
    Date: 01-02-2022
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM  EX-PARTE
    Next Hearing Date: 24-03-2022
    
    Date: 24-03-2022
    Business: None for plaintiff.
    NM is serve on defendants through RPAD. Postal acknowledgement is filed on record along with affidavit of service filed by plaintiff. Today case is seeks for ex-parte order on NM. Defendants failed to appear before the court. Hence, NM is proceeded ex-parte.
    Matter is adjourned for NM hearing to 13-06-2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-06-2022
    
    Date: 13-06-2022
    Business: Adv. Nikita Bhavsar for plaintiff present.
    Plaintiff present.
    None for defendant.
    F.R.S.R. following order is passed
    1. Notice of Motion No. 4604/2019 is hereby allowed.
    2. Civil Suit No. 2594/2013 is restored to its original stage, subject to costs of Rs. 6000/- to be paid to defendants within a period of 15 days from today.
    Nature Of Disposal: ALLOWED
    Disposal Date: 13-06-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 113468/2019
    Filing Date: 04-12-2019
    First Hearing Date: 16th December 2019
    Decision Date: 13th June 2022
    Court Number And Judge: 2-COURT 02 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    13 Jun 2022

    Order Details: Notice of Motion Pdf Text: ORDER ..1.. NM NO.4604/2019 MHCC010126142019 IN THE CITY CIVIL COURT FOR GREATER MUMBAI NOTICE OF MOTION NO. 4604 OF 2019 IN S.C. SUIT NO.2594 OF 2013 Mr. B. Duja Thoras. …Plaintiff Versus. Mr. Josh Anthony and others. … Defendants. Appearance Adv N. P. Bhavsar for plaintiff. CORAM : HIS HONOUR JUDGE R.R.Patare COURT NO.2 DATED : 13th June, 2022. ORAL ORDER Plaintiff has moved present notice of motion for restoration of suit to…

    Read Full Order

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