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NOTICE OF MOTION

ASHOK KUMAR S AGARWALVsRAMESH C UPADHYAYA AND ORS

CNR MHCC01013451201983-COURT 83 ADDL. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 23rd October 2024

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
104919/2019
Registration Date
23 Dec 2019

Advocates

2

For Petitioner

Parties

2

Acts & Sections

1
CODE OF CIVIL PROCEDURE · Sec 37

Case History / Proceedings

Case History
Date: 05-02-2020
Business: Plaintiff and adv. for plaintiff absent.
Adv. Neha Pandey for defendant No. 1 present.
Adv. for defendant No. 1 filed original NM No. 4919/19. t.o.r .
Defendant to serve the copy of notice of motion to plaintiff failing which it will be presumed that defendant is not interest to proceed with notice of motion and further orders will be passed.
Adjd for NM hearing to 23/04/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-04-2020

Date: 23-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-05-2020

Date: 14-05-2020
Business: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-06-2020

Date: 03-06-2020
Business: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-06-2020

Date: 20-06-2020
Business: As per the directions the suit is not covered under office order No. 84 of 2020 dt. 05.06.2020. Hence adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-08-2020

Date: 10-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-09-2020

Date: 16-09-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-12-2020

Date: 11-12-2020
Business: Plaintiff and adv. for plaintiff absent.
Adv. Ravindra Singh for defendant present.
Adv. for defendant stated that one of the defendant expired and the details of legal heirs will be filed hence requested for adjournment.
Adjd for NM hearing to 13/01/2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-01-2021

Date: 13-01-2021
Business: None for plaintiff.
Adv. Ravindra Singh for defendant nos. 1 and 2 present.
Matter is for NM hearing.
He submits that defendant no.2 Dinesh died on 05-06-2020 and due to Corona Virus Covid-19 Pandemic nobody is contacting him from the Legal Heir of the deceased defendant. Therefore, he seeks longer date.
The Hon''ble High Court directed as per clause 4 of SOP dt. 27/11/2020 under the title of Judicial and Administrative work not to pass any adverse order owing to the absence of the advocates, parties, witnesses or accused persons.
Matter adjd for NM hearing to 06-04-2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-04-2021

Date: 06-04-2021
Business: None for plaintiff.
Adv. Pooja Narvekar for defendant present.
L.O. at 11.46 am
Adv Pooja Narvekar a/w Ravindra Singh for defendant present.
L.O. at 2.14 pm
Adv Ravindra Singh for defendant present.
Matter adjd for NM hearing to 19-07-2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-07-2021

Date: 19-07-2021
Business: P. O. is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-09-2021

Date: 08-09-2021
Business: None for plaintiff.
Adv. Ravindra Singh for defendants present.
Ld adv for defendant sought time for seeking instructions due to death of one of the defendant.
Matter adjd for steps to 11-11-2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 11-11-2021

Date: 11-11-2021
Business: None present.
Matter Adjd for steps on 15/01/2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 15-01-2022

Date: 15-01-2022
Business: P. O. is on leave
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-02-2022

Date: 18-02-2022
Business: None present for plaintiff
Adv. Karan Chaudhari for defendant present.
Matter Adjd for steps on 01/04/2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 01-04-2022

Date: 01-04-2022
Business: Adv. Ramesh Pandey for plaintiff present.
Adv. Karan Chaudhary for defendant present.
Matter Adjd for steps on 14/06/2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 14-06-2022

Date: 14-06-2022
Business: None present for plaintiff
Adv. Ravindra Singh for defendant present.
Matter Adjd for steps on 21/07/2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 21-07-2022

Date: 21-07-2022
Business: None present.
Matter Adjd for taking steps to 13.09.2022
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 13-09-2022

Date: 21-07-2022
Business: None present.
Matter Adjd for taking steps to 13.09.2022
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 13-09-2022

Date: 13-09-2022
Business: None present for plaintiff.
Adv. Ravindra Singh  for defendant present.
Plaintiff failed to take steps since long. Hence put up for order.
Matter Adjd for Order on 15/10/2022.
Next Purpose: ORDER
Next Hearing Date: 15-10-2022

Date: 13-09-2022
Business: None present for plaintiff.
Adv. Ravindra Singh  for defendant present.
Plaintiff failed to take steps since long. Hence put up for order.
Matter Adjd for Order on 15/10/2022.
Next Purpose: ORDER
Next Hearing Date: 15-10-2022

Date: 15-10-2022
Business: Adv. Ramesh Pandey for plaintiff present.
None present for defendant.
Time sought for taking steps.
Matter Adjd for taking steps on 05/12/2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-12-2022

Date: 15-10-2022
Business: Adv. Ramesh Pandey for plaintiff present.
None present for defendant.
Time sought for taking steps.
Matter Adjd for taking steps on 05/12/2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-12-2022

Date: 05-12-2022
Business: Adv. Ramesh Pandey for plaintiff present.
None present for defendant.
Matter Adjd for steps on 09/02/2023.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 09-02-2023

Date: 09-02-2023
Business: None for plaintiff.
Adv. Ravindra Singh for defendant present.
Matter Adjd for Steps/order on 03.04.2023
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 03-04-2023

Date: 09-02-2023
Business: None for plaintiff.
Adv. Ravindra Singh for defendant present.
Matter Adjd for Steps/order on 03.04.2023
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 03-04-2023

Date: 03-04-2023
Business: None present for plaintiff.
Adv. Karan Chaudhary for defendants present.
Matter Adjd for steps/order on 06/06/2023.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-06-2023

Date: 06-06-2023
Business: P.O. IS ON LEAVE
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 26-07-2023

Date: 06-06-2023
Business: P.O. IS ON LEAVE
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 26-07-2023

Date: 26-07-2023
Business: None present.
Matter Adjd for steps to 31.08.2023.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 31-08-2023

Date: 26-07-2023
Business: None present.
Matter Adjd for steps to 31.08.2023.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 31-08-2023

Date: 31-08-2023
Business: P.O. is on leave.
Hence, matter is adjourned.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-10-2023

Date: 31-08-2023
Business: P.O. is on leave.
Hence, matter is adjourned.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-10-2023

Date: 20-10-2023
Business: P.O. is on leave.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 22-12-2023

Date: 22-12-2023
Business: P. O. is on leave.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 01-03-2024

Date: 01-03-2024
Business: Court is Vacant.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 22-04-2024

Date: 22-04-2024
Business: Court is on Training
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 11-07-2024

Date: 22-04-2024
Business: Court is on Training
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 11-07-2024

Date: 11-07-2024
Business: Court is on leave
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 04-09-2024

Date: 11-07-2024
Business: Court is on leave
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 04-09-2024

Date: 04-09-2024
Business: None present.
Roznama reveals suit is pending for steps since 08.09.2021 as Adv. for defendant informed that one of the defendant died, however, no any name deceased defendant is informed Nor any pusis is filed. Hence, keep for order on next date.
Matter is adjourned to 23.10.2024 for order.
Next Purpose: ORDER
Next Hearing Date: 23-10-2024

Date: 23-10-2024
Business: None present.
Order on NM 4919/19
The present is moved by defendant No.1 seeking direction to direct hand written expert to attend the residence of defendant No.2 or appoint the commissioner for taking specimen signature. No any reply is filed by plaintiff. Perusal of the record reveals vide order below Exh.28 application moved by plaintiff to refer disputed signatures of defendant No.1 and 2 to hand written expert was allowed on 16.06.2015. However, on 13.01.2021 Adv. Ravindra Singh for defendants informed defendant No.2 died on 05.06.2020 due to Corona virus. In view of the said submission, the present NM for obtaining signature of defendant No.2 through court commissioner becomes infructuous. Hence, I proceed to pass following order -
ORDER
1. NM 4919/19 is dismissed as infructuous.
2. NM 4919/19 is disposed of.
Order below Exh.01
Though death of defendant No.2 on 05.06.2020 was informed on 13.01.2021, however, till date no any legal heirs are brought on record by the plaintiff. Hence, suit against defendant No.2 dismissed.
Nature Of Disposal: DISMISSED
Disposal Date: 23-10-2024

Additional Case Details

Additional Case Details
Filing Number: 114068/2019
Filing Date: 23-12-2019
First Hearing Date: 05th February 2020
Decision Date: 23rd October 2024
Court Number And Judge: 83-COURT 83 ADDL. SESSIONS JUDGE

Orders

1
Final Order 1Full order available
23 Oct 2024

Order Details: Notice of Motion Pdf Text: 23.10.2024 Sr. No. 1 CORAM : H. H. J. N. B. Lavte, City Civil Court, Mazgaon, Mumbai, Judge (C. R. No. 83). Suit 8088/02 NM 4919/19 None present. Order on NM 4919/19 The present is moved by defendant No.1 seeking direction to direct hand written expert to attend the residence of defendant No.2 or appoint the commissioner for taking specimen signature. No any reply is filed by plaintiff. Perusal of the record reveals…

Read Full Order

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