Order Details: Notice of Motion Pdf Text: 1 NM-4621-2019 in SU-1464-2016 IN THE CITY CIVIL COURT AT MUMBAI. NOTICE OF MOTION NO.4621 OF 2019 (CNR No.MHCC01-012697-2019) IN SUIT NO.1464 OF 2016. (CNR No.MHCC01-006502-2016) Shankar Vitthal Shinde(deceased) } Through his legal heirs } 1. Vaishali Ajit Pawar } 2. Shantabai Vitthal Shinde }...PLAINTIFFS. Versus Uday Vitthal Shinde }...DEFENDANT. ------------------------------------------------------------------------------------------------ Shri.Sanjay Prabhu, learned advocate for the plaintiffs. Shri.Jayant Gaikwad, learned advocate for defendant. ----------------------------------------------------------------------------------------------- CORAM : HIS HONOUR JUDGE SHRI.P.P.RAJVAIDYA (C.R.NO.62) -----------------------------------------------------------------------------------------…
NOTICE OF MOTION
Shankar Vitthal Shinde (deceased) +1 moreVsUday Vitthal Shinde
CNR MHCC01012697201962-COURT 62 AD-HOC ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 21st April 2022
TrustJury record updated 24 Sept 2026
Case Overview
- Registration Number
- 104621/2019
- Registration Date
- 05 Dec 2019
Advocates
1For Petitioner
For Respondent
Not available
Parties
3Respondent
Acts & Sections
1Protection of Women from Domestic Violence Act · Sec 9
Case History / Proceedings
Case History
Date: 07-02-2020
Business: Advocate Sanjay Prabhu for Plaintiff present and filed registered Notice of Motion no.4621/19 with affidavit in support, t.o.r.
Advocate Jayant Gaikwad for Defendant present and sought time to file NM reply. Considering submissions adjourned.
Case is adjourned to 18/02/2020 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-02-2020
Date: 18-02-2020
Reason For Adjournment: court time is over
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
Business: National Lock down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-06-2020
Date: 04-06-2020
Business: Case is adjd.to 22.06.20 in view of extension of Lockdown period as per office order no.83/20 dtd.01.06.20
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: 19-08-2020
Date: 19-08-2020
Business: Due to covid-19 pandemic and lockdown
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-10-2020
Date: 21-10-2020
Business: None present for Plaintiffs.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 22/01/2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-01-2021
Date: 22-01-2021
Business: Adjd. to 02.03.2021
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-03-2021
Date: 02-03-2021
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-04-2021
Date: 22-04-2021
Business: None present for both the parties.
Due to Covid-19 Pandemic and SOP issued by Honble High Court, as both parties are absent, matter adjourned at same stage beyond Summer Vacation.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-06-2021
Date: 22-04-2021
Business: None present for both the parties.
Due to Covid-19 Pandemic and SOP issued by Honble High Court, as both parties are absent, matter adjourned at same stage beyond Summer Vacation.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-06-2021
Date: 30-06-2021
Business: None present for plaintiff.
Adv. Jain Gaikwad for defendant present.
Considering the present Pandemic condition, as nobody is present for the plaintiff, matter is adjourned at same stage.
Matter adjourned for NM hearing to 07/09/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-09-2021
Date: 07-09-2021
Business: Adv Mr. Sanjay Prabhu for plff present.
Adv Mr. Jayant Gaikwad for deft present and seeks time to file reply in NM No.4621/19. Granted as a last chance.
Matter is adjd. for NM reply to 16.10.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-10-2021
Date: 16-10-2021
Business: Holiday declare, hence matter adjd.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-10-2021
Date: 16-10-2021
Business: Holiday declare, hence matter adjd.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-10-2021
Date: 16-10-2021
Business: Holiday declare, hence matter adjd.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-10-2021
Date: 23-10-2021
Business: Adv Mr. Sanjay Prabhu present for plff.
Clerk of adv. Mr. Gaikwad for deft present and submitted that adv. Mr. Gaikwad is unable to attend this Court today. Last chance was granted on previous date to the def to file reply to NM NO.4621/2019 but he failed hence, said NM to proceed without reply.
Matter is adjd. for NM hearing without reply to 20.11.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-11-2021
Date: 20-11-2021
Business: Plff No.2 Vaishali Pawar present in person and seeks adjournment by submitting that adv .for plff is unable to attend this Court today.
Adv Mr. Jayant Gaikwad present for deft and submitted his no objection for granting adjournment.
Matter is adjd. for NM hearing to 21.12.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-12-2021
Date: 21-12-2021
Business: court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-01-2022
Date: 21-12-2021
Business: court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-01-2022
Date: 21-12-2021
Business: court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-01-2022
Date: 07-01-2022
Business: Adv Mr. Sanjay Prabhu present for plff.
Adv Mr. Jayant Gaikwad present for deft. and seeks liberty to file reply to NM No.4621/2019. Order to proceed with said NM without reply of the deft. is already passed on 23.10.2021 however, it came to the notice that deft has already filed reply on 18.02.2020 to the NM No.4621/2019. Apparently, the order passed to proceed without reply in the said NM on 23.10.2021 is due to oversight. Reply is filed today again by deft in NM No.4621/2019 which is taken on record.
Heard arguments of both sides in NM No.4621/2019.
K.B. for order.
L.O.
Report of the department is necessary for deciding NM No.4621/2019 as prayer made is to permit the plaintiff to withdraw the amount deposited by the deft in the Court. Accordingly, call report of the department. In the result, passing of order in NM No.4621/2019 is postpone till report of department.
Matter is adjd. for awaiting report and NM order to 01.02.2022.
Judge
Next Purpose: NM ORDERS
Next Hearing Date: 01-02-2022
Date: 01-02-2022
Business: Due to Covid-19, matter is adjd.
Next Purpose: NM ORDERS
Next Hearing Date: 07-02-2022
Date: 01-02-2022
Business: Due to Covid-19, matter is adjd.
Next Purpose: NM ORDERS
Next Hearing Date: 07-02-2022
Date: 01-02-2022
Business: Due to Covid-19, matter is adjd.
Next Purpose: NM ORDERS
Next Hearing Date: 07-02-2022
Date: 01-02-2022
Business: Due to Covid-19, matter is adjd.
Next Purpose: NM ORDERS
Next Hearing Date: 07-02-2022
Date: 07-02-2022
Business: As per Office Order No. 27/2022, holiday declared hence, matter adjourned
Next Purpose: NM ORDERS
Next Hearing Date: 29-03-2022
Date: 07-02-2022
Business: As per Office Order No. 27/2022, holiday declared hence, matter adjourned
Next Purpose: NM ORDERS
Next Hearing Date: 29-03-2022
Date: 07-02-2022
Business: As per Office Order No. 27/2022, holiday declared hence, matter adjourned
Next Purpose: NM ORDERS
Next Hearing Date: 29-03-2022
Date: 07-02-2022
Business: As per Office Order No. 27/2022, holiday declared hence, matter adjourned
Next Purpose: NM ORDERS
Next Hearing Date: 29-03-2022
Date: 29-03-2022
Business: Court is on Leave
Next Purpose: NM ORDERS
Next Hearing Date: 21-04-2022
Date: 21-04-2022
Business: Adv Mr. Sanjay Prabhu present for plff.
Adv Mr. Gaikwad present for deft.
Report of the Department was called in NM No.4621/2019. Report of the Dy. Registrar of PLA Section of Accounts Department of the Court is received on 05.02.2022 which was ordered to be kept with R and P as per the order passed on 05.02.2022 itself but it is not recorded so in the roznama. Report received from the Department on 05.02.2022 be marked as Exh. in todays date.
Ld. advocates for both parties submitted that they have already argued NM No.4621/2019.
K.B.for order.
L.O.
F.R.S.R. following order passed in NM NO.4621 of 2019.
ORDER
Notice of Motion No.4621 of 2019 is allowed as under.
Plaintiffs are permitted to withdraw the amount of Rs.2,55,000/- deposited in court by the defendant alongwith interest accrued thereon on filing undertakings by the plaintiffs that they will deposit back the said amount in court if directed by the court.
Said amount be given to the plaintiffs as per rules on due identification and verification.
----
Matter is adjd. for NM hearing to 09.06.2022.
Nature Of Disposal: ALLOWED
Disposal Date: 21-04-2022Additional Case Details
Additional Case Details
Filing Number: 113518/2019 Filing Date: 05-12-2019 First Hearing Date: 07th February 2020 Decision Date: 21st April 2022 Court Number And Judge: 62-COURT 62 AD-HOC ADDL SESSIONS JUDGE
Orders
1Final Order 1Full order available
21 Apr 2022
TrustJury presents public court-record information for legal discovery and reference. Record availability and detail can vary by source and case.