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NOTICE OF MOTION

Sandesh Sakharam ShetyeVsVishvanath Mahadev Gosavi - Applicant

CNR MHCC01013389201981-COURT 81 ADDL. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 10th July 2024

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
104905/2019
Registration Date
20 Dec 2019

Advocates

2

Parties

2

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec 9

Case History / Proceedings

Case History
Date: 06-01-2020
Business: Adv. Anish Uchil filed Vakalatnama for plaintiff.
Adv. Anil Bagwe for defendant present.
He tendered Original N/M 4905/19 along with affidavit.
He also tendered service report of N/M t.o.r.
Ld. Adv. for plaintiff requested time to file reply.
Matter adj for Reply on N/M to 17/01/2020.
Next Purpose: REPLY
Next Hearing Date: 17-01-2020

Date: 17-01-2020
Business: Matter is transferred from court no. 40
R and P not received.
Adv. For the original plaintiff / respondent present.
Adv. Bagave for applicant present.
Matter is adjd to 26.03.2020 for reply of N/M.
Next Purpose: REPLY
Next Hearing Date: 26-03-2020

Date: 26-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 07-04-2020

Date: 07-04-2020
Next Purpose: REPLY
Next Hearing Date: 18-04-2020

Date: 18-04-2020
Next Purpose: REPLY
Next Hearing Date: 08-05-2020

Date: 08-05-2020
Next Purpose: REPLY
Next Hearing Date: 29-05-2020

Date: 29-05-2020
Business: Due to Covid-19 lockdown
Next Purpose: REPLY
Next Hearing Date: 16-06-2020

Date: 16-06-2020
Business: National Lock down
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 29-09-2020

Date: 29-09-2020
Business: Due to Covid-19 Lockdown
Next Purpose: REPLY
Next Hearing Date: 22-12-2020

Date: 22-12-2020
Business: Both the parties and his advocate are absent.
Matter is adjd to 08.02.2021 for Reply
Next Purpose: REPLY
Next Hearing Date: 08-02-2021

Date: 08-02-2021
Business: P.O. is on leave.
Matter is adjd to 25.03.2021 for Reply.
Next Purpose: REPLY
Next Hearing Date: 25-03-2021

Date: 25-03-2021
Business: Plaintiff absent.
Defendant absent.
Adv. Anil Bagave for applicant in N/M present.
Matter is adjd to 11.06.2021 for reply.
Next Purpose: REPLY
Next Hearing Date: 11-06-2021

Date: 11-06-2021
Business: Due to Covid-19 Pendamic Lockdown
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 09-08-2021

Date: 09-08-2021
Business: Both the parties and their advocates are absent.
Matter is adjd to 07.10.2021  for reply.
Next Purpose: REPLY
Next Hearing Date: 07-10-2021

Date: 07-10-2021
Business: Court is vacant
Next Purpose: REPLY
Next Hearing Date: 08-12-2021

Date: 08-12-2021
Business: None for plaintiff.
Adv Anil Bagve for defendant present.
Matter is adjd to 10.01.2022 for reply.
Next Purpose: REPLY
Next Hearing Date: 10-01-2022

Date: 10-01-2022
Business: None present.
Matter is adjd for reply  to 05.02.2022
Next Purpose: REPLY
Next Hearing Date: 05-02-2022

Date: 05-02-2022
Business: None present.
Court is busy in order dictating in Summary Suit Nos. 535 of 2017, 24 of 2021 and 53 of 2021. Hence board is discharged.
Matter is adjd for reply on 19-04-2022
Next Purpose: REPLY
Next Hearing Date: 19-04-2022

Date: 19-04-2022
Business: P.O. is on Trining
Next Purpose: REPLY
Next Hearing Date: 21-07-2022

Date: 21-07-2022
Business: adj to
Next Purpose: REPLY
Next Hearing Date: 24-09-2022

Date: 24-09-2022
Business: As per Office Order No.169 of 2022 dated 08.08.2022, holiday is declared.
Next Purpose: REPLY
Next Hearing Date: 26-11-2022

Date: 26-11-2022
Business: AS PER OFF ORDER NO.229 OF 202 DATED 31/10/2022 , MATTER ADJD TO 10-12-2022
Next Purpose: REPLY
Next Hearing Date: 10-12-2022

Date: 10-12-2022
Business: None for plaintiff.
None for defendant.
Matter is adj to 30/01/2023 for reply on N/M.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-01-2023

Date: 30-01-2023
Business: As court is busy in dictating order on C/S No.1143/21, C/S No.1144/21 and C/S No.1823/2018, matter is adj to 30/03/2023 for reply on N/M.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-03-2023

Date: 30-03-2023
Business: Adv. Mr. Anit Bagve for applicant/org.defendant present.
None for plaintiff.
Plaintiff is absent since covid-19.  Hence, issue notice to plaintiff on court Motion by RPAD.
Matter is adj to 27/06/2023 for report.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-06-2023

Date: 27-06-2023
Business: Both the parties and their counsels are absent.
Order below Exh.1
On perusal of the record and proceeding, it is appearing that the notice of motion was taken out for condonation of delay in setting aside the judgment and decree dated 17.11.2018. The non- applicant i.e. original plaintiff appeared but failed to file the reply to the notice of motion despite of adjourning the matter many times for the said purpose.  Today also non-applicant i.e. original plaintiff is absent.
Hence, matter/ notice of motion to proceed without reply.
Notice sent to the applicant/original defendant on Court motion returned by the post for the reason intimation dropped/not claimed.  So now nothing more can be done to intimate to the plaintiff about the matter.
Matter is adj to 15.07.2023 for hearing on notice of motion/dismissal order.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-07-2023

Date: 15-07-2023
Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE -(C.R.NO.61)
Adv. Bagave for applicant/defendant is present.
Adv. Sandesh Shetye for plaintiff/respondent is present.
KB
Later on 5.45p.m.
Plaintiff present. He filed application for adjourment. Application is taken on record and marked Exh.8.
O-  Granted in the interest of justice, as a last chance.
Matter is adj to 19-08-2023  for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 19-08-2023

Date: 19-08-2023
Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Adv. Amit P. Bagve for applicant/Original defendant is present
Respondent/plaintiff  is present.
Adv. Ms. Bhagyalaxmi Racha for plaintiff is present.  and filed vakalatnama and and tendered draft Notice of Motion along with affidavit in support. O-Leave granted to register the draft NM.
Order on draft NM
This notice of motion is taken out to set aside the order dated 27.06.2023 passed in respect of proceeding the notice of motion No. 4905/2019 without reply. Notice of motion No.4905/2019 was taken out by the defendant for condonation of delay in setting aside the judgment and decree dated 17.11.2018.  The plaintiff now wants to file the reply of the NM No. 4905/2019 and therefore, taken out this NM. The defendant opposed the notice of motion and alternatively  prayed for imposing the costs, if it is allowed.
In order to decide NM No. 4905/2019 on merits, I am of the view that the plaintiff should get the opportunity and therefore, I find sufficient ground to allow the present notice of motion, but subject to imposition of reasonable costs.
Draft Notice of Motion taken out by the plaintiff for permission to file the reply by setting aside order dated 27.06.2023 is allowed, subject to costs of Rs.500/- payable to DLSA.
Draft Notice of motion is disposed of accordingly and it be registered for statistical purpose.
In view of the difficulty and the request of the plaintiffs counsel, time to file the reply is granted till 30.08.2023.
Matter is adj to 30.08.2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 30-08-2023

Date: 30-08-2023
Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Adv. Bhagyalaxmi Racha for plaintiff is present and complied the order dated 19.08.2023 by depositing the costs of Rs. 500/-. Draft Notice of motion is registered vide NM No.3060/2023. The plaintiff filed the reply to NM No. 4905/19. TOR. Copy of reply to NM is served on counsel for defendant.
Adv. Krutika Valanja h/f Adv. Anil Bagwe for defendant is present.
Matter is adj to 06.12.2023 for hearing on NM no. 4905/19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-12-2023

Date: 06-12-2023
Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Adv.Ms. Pranali Gurav h/f Adv. Ms. Bhagyalaxmi R. Racha  for plaintiff is present and requested for adjournment.
Adv. Shri. Anil Bagwe with Adv. Ms. Krutika Valanju for defendant is present and he has no objection for adjournment. Adjournment is granted.
Matter is adj to 08.03.2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-03-2024

Date: 08-03-2024
Business: Matter is wrongly adjourned on holiday i.e. on 08.03.2024. Hence, it be taken on next working day i.e. on 11.03.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-03-2024

Date: 11-03-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
Adv. Krutika Valanju h/f Adv. Anil Bagwe for applicant/defendant is present and requested for adjournment. adjournment is granted.
Matter is adj to 15.04.2024 for hearing on Notice of motion.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-04-2024

Date: 15-04-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Yasmin Sarang for plaintiff is present.
The defendant and his counsel are absent.
Last chance is given to the defendant to argue on notice of motion.
Matter is adj to 02.05.2024 for hearing on notice of motion.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-05-2024

Date: 02-05-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. for plaintiff is present.(appearance is not given)
The defendant and his counsel are absent.
The defendant was given last chance to argue on notice of motion. The defendant failed to argue on notice of motion. Hence, matter be keep for dismissal order of notice of motion.
Matter is adj to 26.06.2024 for dismissal of notice of motion.
Next Purpose: DISMISSAL
Next Hearing Date: 26-06-2024

Date: 26-06-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Pranali Gurav h/f Adv. Bhagyalaxmi R. Racha for plaintiff is present.
Adv. Anil P. Bagwe for defendant is present.
Keep back.
Later on at 1.38 pm
Adv. Bhagyalaxmi R. Racha for plaintiff is present.
Adv. Anil P. Bagwe for defendant is present.
Heard counsel for both sides on Notice of motion.
Matter is adj to 10.07.2024 for Order on notice of motion.
Next Purpose: NM  ORDERS
Next Hearing Date: 10-07-2024

Date: 10-07-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Pranali Gurav h/f ADv. Bhagyalaxmi Racha for plaintiff is present.
FRSR following order is passed in NM No.4905/19
Order
1.Notice of Motion No.4905 OF 2019 is dismissed.
2. No order as to costs.
3.Notice of Motion No. 4905 OF 2019 is disposed of accordingly.
Nature Of Disposal: DISMISSED
Disposal Date: 10-07-2024

Additional Case Details

Additional Case Details
Filing Number: 114234/2019
Filing Date: 20-12-2019
First Hearing Date: 06th January 2020
Decision Date: 10th July 2024
Court Number And Judge: 81-COURT 81 ADDL. SESSIONS JUDGE

Orders

1
Final Order 1Full order available
10 Jul 2024

Order Details: Notice of Motion Pdf Text: MHCC010133892019 Presented on 20/12/2019 Registered on 20/12/2019 Decided on 10/07/2024 Duration 04Y: 06M: 21D IN THE CITY CIVIL COURT AT MAZGAON, MUMBAI NOTICE OF MOTION NO. 4905 OF 2019 IN SUMMARY SUIT NO. 424 OF 2018 Vishvanath Mahadev Gosavi ]...Plaintiff Vs. ] Sandesh Sakharam Shetye ]...Defendant Appearance:- Ld Advocate Bhagyalaxmi R. Racha for the plaintiff. Ld. Advocate Anil P. Bagwe for defendant. CORAM : HHJ SHRI SANGRAM SHRIHARI SHINDE C. R. NO. :…

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