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NOTICE OF MOTION

Mr. Abhijeet Madhukar KadamVsMr.Suhas Kashiram Tawde and Ors.

CNR MHCC01012743201959-Court 59 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--ALLOWED
Decision Date: 17th November 2022

TrustJury record updated 24 Sept 2026

Case Overview

Registration Number
104655/2019
Registration Date
06 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: 15-02-2020
    Business: Court is on leave
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-03-2020
    
    Date: 16-03-2020
    Business: None present.
    Matter adjd for NM reply and issues to 22-06-2020 at 2.45 pm
    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: 28-01-2021
    
    Date: 28-01-2021
    Business: Nobody is present.
    Matter adjourned for NM Reply on  08/03/2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 08-03-2021
    
    Date: 08-03-2021
    Business: Adv. Abhijit Barne for plaintiff present.
    None for defendant.
    Adjd for NM hearing to 10/06/2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-06-2021
    
    Date: 10-06-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-08-2021
    
    Date: 03-08-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-09-2021
    
    Date: 29-09-2021
    Business: Adv. Barve present for Plaintiff.
    None present for Defendant.
    Pltff filed NM along with affidavit.  Pltff is asked to serve the copy
    on the Adv of other side.
    Matter is adjd to 06/12/2021 for Reply
    Next Purpose: REPLY
    Next Hearing Date: 06-12-2021
    
    Date: 06-12-2021
    Business: Court is Vacant.
    Next Purpose: REPLY
    Next Hearing Date: 05-02-2022
    
    Date: 05-02-2022
    Business: COURT IS VACANT
    Next Purpose: REPLY
    Next Hearing Date: 15-03-2022
    
    Date: 15-03-2022
    Business: AS PO IS ON TRAINING
    Next Purpose: REPLY
    Next Hearing Date: 30-06-2022
    
    Date: 30-06-2022
    Business: Matter called out at 3.53 pm
    Adv Abhijit Kadam for plff present
    Adv Ankita Vishwakarma for Defendant Nos. 1 to 3 present
    Adv for def Nos. 1 to 3 seeks time to file Vakalatnama.  Granted.
    Matter is adjd on 02.08.2022 for Reply
    Next Purpose: REPLY
    Next Hearing Date: 02-08-2022
    
    Date: 02-08-2022
    Business: Matter called out at 3.35 pm
    Adv Abhijeet Barve for plff present
    Adv Ankita Vishwakarma for Def Nos. 1 to 3  present
    Adv for def tendered Vakalatnama a/w no objection of previous adv t.o.r marked as Exh 6
    Adv for plff served copy of NM and affidavit upon adv for defendants.  Adv for defendants seeks time to file reply.
    Matter is adjd on 07.09.2022 for Reply
    Next Purpose: REPLY
    Next Hearing Date: 07-09-2022
    
    Date: 07-09-2022
    Business: Matter called out at 3.12 pm
    Adv R.Y.Joshi for plff present
    Adv Ankita Vishwakarma for defendant Nos. 1 to 3 present
    Adv for defendant submits that defendants do not wish to file reply to the NM 4655/19.
    Matter is adjd on 05.11.2022 for NM Hrg
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-11-2022
    
    Date: 05-11-2022
    Business: Matter called out at 3.06 pm
    Adv R.Y.Joshi for plff present
    None for defendant
    Heard argument of adv for plff on NM 4655/19.
    Other side absent for argument.  Put up for order on NM on next date.
    Matter is adjd on 17.11.2022 for NM Order
    Next Purpose: NM  ORDERS
    Next Hearing Date: 17-11-2022
    
    Date: 17-11-2022
    Business: Matter called out at 4.47 p.m.
    None for plff
    Adv Ankita Vishwakarma for defendant No.1, 2 and 3 present.
    None present for the plaintiff. The Notice Motion No.4655/19 is pending for hearing. Record shows that Advocate appearing for defendants submitted on 07.09.2022 that she will not file reply. Today advocate for defendant submitted that she has no objection if the Notice of Motion is allowed. Thus the Notice of Motion can be decided, even in absence of advocate for the plaintiff. Perused the Notice of Motion and supporting affidavit. The Notice of Motion is taken out by the plaintiff under Order XXXII Rule 3 of CPC for appointing defendant No.1 as guardian for minor defendant No.3. It is contended that at the time of filing the suit, plaintiff was not aware that defendant No.3 is a minor and the said fact is disclosed in written statement of defendant Nos.1 and 2. Defendant No.1 is father of defendant No.3 and thus he is natural guardian. He has no interest in the matter adverse to that of the minor and he is fit person to be appointed as guardian.  Advocate appearing on his behalf submits that he consents to act as guardian for defendant No.3. The Notice of Motion, therefore, deserves to be allowed. Accordingly, following order is passed-
    ORDER
    1. The Notice of Motion No.4655/2019 is made absolute in terms of prayer clause (a), (b) and (c).
    2. Plaintiff shall carry out necessary amendment in the plaint as per Schedule of amendment, on or before next date.
    3. Notice of Motion No.4566/2019 is disposed of.
    Matter is adjd on 12.01.2022 for compliance
    Nature Of Disposal: ALLOWED
    Disposal Date: 17-11-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 112721/2019
    Filing Date: 06-12-2019
    First Hearing Date: 15th February 2020
    Decision Date: 17th November 2022
    Court Number And Judge: 59-Court 59 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    17 Nov 2022

    Order Details: Notice of Motion Pdf Text: Daily Status IN THE COURT OF :Court 59 ASST SESSIONS JUDGE Case No. :NOTICE OF MOTION/0104655/2019 Mr. Abhijeet Madhukar Kadam Vs Mr.Suhas Kashiram Tawde and Ors. Date : 17-11-2022 Business : Matter called out at 4.47 p.m. None for plff Adv Ankita Vishwakarma for defendant No.1, 2 and 3 present. None present for the plaintiff. The Notice Motion No.4655/19 is pending for hearing. Record shows that Advocate appearing for defendants submitted on 07.09.2022…

    Read Full Order

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