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MISC APPLICATION

Mr. Nareshkumar Motilal AhujaVsDevilal Mogaji Patel alias Patidar s/o Mogaji Halia Patel alias Patidar

CNR MHCC01013360201915-COURT 15 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--ALLOWED
Decision Date: 03rd July 2023

TrustJury record updated 24 Sept 2026

Case Overview

Registration Number
100146/2019
Registration Date
19 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: 03-01-2020
    Business: None present for both parties.
    Adjd to 04.03.2020 for Service.
    Next Purpose: SERVICE
    Next Hearing Date: 04-03-2020
    
    Date: 04-03-2020
    Business: Plaintiff/applicant present.
    Exh.2- Adv.J.A.Madane filed Vakalatnama for defendant/ respondent.
    Adjd for reply to 29-06-2020
    Next Purpose: REPLY
    Next Hearing Date: 29-06-2020
    
    Date: 29-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPLY
    Next Hearing Date: 22-09-2020
    
    Date: 22-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPLY
    Next Hearing Date: 15-12-2020
    
    Date: 15-12-2020
    Business: None present
    Adjd to 09-03-2021.
    Next Purpose: REPLY
    Next Hearing Date: 09-03-2021
    
    Date: 09-03-2021
    Business: Plaintiff present. Adv Raut for plaintiff
    None for defendant
    O- Office to report whether any amount has been deposited by the defendant.
    Adjd for report to 24-03-2021
    Next Purpose: REPORT
    Next Hearing Date: 24-03-2021
    
    Date: 24-03-2021
    
    Date: 09-06-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPORT
    Next Hearing Date: 21-10-2021
    
    Date: 21-10-2021
    Business: None present for both parties.
    KB
    None present.
    Matter is adjd to 09.12.2021 for report.
    Next Purpose: REPORT
    Next Hearing Date: 09-12-2021
    
    Date: 09-12-2021
    Business: P. O. is on leave.
    Next Purpose: REPORT
    Next Hearing Date: 03-01-2022
    
    Date: 03-01-2022
    Business: Applicant/plaintiff is present.
    Adv. Deepak Raut for the applicant/plaintiff present.
    None for defendant.
    Call report of office at Exh.1.
    Issue notice to defendant/respondent.
    Matter is adjd. to  22/02/2022 for report.
    Next Purpose: REPORT
    Next Hearing Date: 22-02-2022
    
    Date: 22-02-2022
    Business: Adv. Dipak Raut  for plff./applicant.
    Bailiff report received from department.
    On perilously of record it appears that the plff. is seeking                             Rs. 50000/- deposited by the deft. on last date, this court has issued notice to defts., but the said notice is returned unserved, thereafter re-issue notice through bailiff. Also called report from the office about deposit of said amount. Also called report from the concerned dept. Whether any appeal, Ch/S, NM is pending against judgment and decree dt. 22-11-2017 in Sum Suit No. 955/2015.
    Matter is adjd. for notice report through sheriff and other office report to 29-03-2022.
    Next Purpose: REPORT
    Next Hearing Date: 29-03-2022
    
    Date: 29-03-2022
    Business: None present.
    Matter is adjd. for awaiting report to 13-06-2022.
    Next Purpose: REPORT
    Next Hearing Date: 13-06-2022
    
    Date: 13-06-2022
    Business: Applicant present.
    Adv. Deepak Raut for Applicant (Original Plaintiff) present.
    None present for respondent.
    Adjd to 06/07/2022 for Order
    Next Purpose: ORDER
    Next Hearing Date: 06-07-2022
    
    Date: 06-07-2022
    Business: CORAM : H. H. J. SHRI. A. V. KHARKAR  (C.R. No.15)
    Both parties and their adv. absent.
    Adjd to 26/09/2022 for hearing.
    Judge
    Next Purpose: HEARING
    Next Hearing Date: 26-09-2022
    
    Date: 26-09-2022
    Business: As court is vacant.
    Next Purpose: HEARING
    Next Hearing Date: 02-12-2022
    
    Date: 02-12-2022
    Business: As court is vacant
    Next Purpose: HEARING
    Next Hearing Date: 03-02-2023
    
    Date: 03-02-2023
    Business: Matter pertains to C.R.No. 15
    Adv. Ramdas Kawade for Applicant present.
    None for respondent.
    Matter Adjd for service affidavit of MA on 01.03.2023.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 01-03-2023
    
    Date: 01-03-2023
    Business: As court is vacant
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 05-04-2023
    
    Date: 05-04-2023
    Business: As court is vacant.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 03-07-2023
    
    Date: 03-07-2023
    Business: Adv.Akshata Shinde present for plaintiff.
    None present for defendant.
    KB.
    L.O. at 1.30 PM.
    Adv. Deepak Raut present for plaintiff.
    Heard the Advocate of plaintiff, It is contention that he had filed a SUM Suit No. 955/15 and took out for summons for judgment No.345/15 the Defendant was granted leave to defendant subject to deposit of Rs. 4,00,000/- however, he deposited only 50,000/-. As per the report of PLA dept Exh.3 is inconsequent to pay amount of 400000/-  as per the order in SJ the suit came to be decreed. Now, the plaintiffs want to withdraw the amount by filing this MA. The notice to the defendant is served, he appeared through his counsel but didn\''t reply. Today also counsel of defendant and his counsel are  absent.  Considering the submission, I proceed following order
    Order
    1.M.A. No.146 of 2019 is allowed.
    2.The plaintiff is permitted to withdraw of Rs.50,000/- on submitting understanding that he will deposit the said amount as and when directed by Court.
    3. The PLA dept to pay the amount to plaintiff as per rule.
    4.Proceeding is closed.
    Nature Of Disposal: ALLOWED
    Disposal Date: 03-07-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 114150/2019
    Filing Date: 13-12-2019
    First Hearing Date: 03rd January 2020
    Decision Date: 03rd July 2023
    Court Number And Judge: 15-COURT 15  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    03 Jul 2023

    Order Details: Other Pdf Text: Back Daily Status IN THE COURT OF :COURT 15 ADDL SESSIONS JUDGE Case No. :MISC APPLICATION/0100146/2019 Mr. Nareshkumar Motilal Ahuja Vs Devilal Mogaji Patel alias Patidar s/o Mogaji Halia Patel alias Patidar Date : 03-07-2023 Business : Adv.Akshata Shinde present for plaintiff. None present for defendant. KB. L.O. at 1.30 PM. Adv. Deepak Raut present for plaintiff. Heard the Advocate of plaintiff, It is contention that he had filed a SUM Suit No. 955/15 and…

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