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NOTICE OF MOTION

Shri. Bhairu P. MatkarVsExecutive Engineer and Anr.

CNR MHCC0101355820198-COURT 08 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHERWISE
Decision Date: 01st July 2022

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
104966/2019
Registration Date
26 Dec 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Petitioner

    1. 1Shri. Bhairu P. Matkar

    Respondent

    1. 1Executive Engineer and Anr.

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 07-01-2020
Business: None for Plaintiff.
Matter is adjd.  for service to defendant to 18/01/2020.
Next Purpose: SERVICE
Next Hearing Date: 18-01-2020

Date: 18-01-2020
Business: Adv.Almeda for Plaintiff is present. She filed original writ of summons. She also tendered Original registered N/M No.4966/2019 along with affidavit in support.
Plaint.
Vakalatnama/P in plaint.
Memo of address in plaint.
Adv.Rajesh Kachre a/w Adv. Jagadish Aradwad for defendant no.2 is present. He filed Vakalatnama and WS of defendant no. 2. copy is served on adv. of plaintiff.
Adv. Pushpa Thapa h/f Adv. Mangal Kadam for defendant no. 1 is present.
Matter is adjd.  for affidavit of service/NM reply   to 31/01/2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 31-01-2020

Date: 31-01-2020
Business: Court is on leave.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-03-2020

Date: 20-03-2020
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 02-07-2020

Date: 02-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-12-2020

Date: 18-12-2020
Business: None present for both the sides.
Matter is adjd. to 25.03.2021 for directions.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 25-03-2021

Date: 25-03-2021
Business: None for plaintiff.
Adv. Mangal Kadam for  defendant/MHADA.
The Board is discharged.  Due to SOP only urgent matter  are taken up.
Matter is adjd. to 25/06/2021.
L.O.
Adv. G. Almeda for the plaintiff.
Draft NM along with affidavit of support tendered by advocate for the plaintiff. O-  Leave to register N/M is granted.
Matter is already adjd. to 25/06/2021 for tendering registered NM.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 25-06-2021

Date: 25-06-2021
Business: Due to covid-19, matter is adjd to
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-08-2021

Date: 20-08-2021
Business: court is on leave
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 22-10-2021

Date: 22-10-2021
Business: Court is on leave.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-12-2021

Date: 16-12-2021
Business: Adv Almeda present for the plaintiff.
He tendered register NM No.1118/21 TOR
He also filed draft CS a/w affidavit in support TOR O- Leave is granted to register. Serve to other side.
He also filed VN in CS TOR
Matter is adjd. to 27.01.2022 for CS reply.
Next Purpose: C/S REPLY
Next Hearing Date: 27-01-2022

Date: 27-01-2022
Business: Advocate Ms.Almeida for the applicant present and tendered registered Ch/S.
Adv.Mangal Kadam for defendant/MHADA present.
                         ORDER
Chamber Summons No.20/2022 is filed for bringing legal heirs of the plaintiff on record.
The learned advocate for Legal Representatives submits that entire family was suffering from Covid-19 and hence, delay is caused in bringing the legal heirs on record.  In view of natural calamities and unavoidable circumstances, the delay is condoned.  The objection taken by the MHADA in that regard is overruled.  Chamber Summons is allowed.  The L.R\''s is to carry out amended in the plaint within time.
Chamber Summons No.20/2022 is disposed off accordingly.
Matter is adjd. to 13.04.2022 for Ch/s Reply.
Next Purpose: C/S REPLY
Next Hearing Date: 13-04-2022

Date: 13-04-2022
Business: Adv. Anmeda present for plaintiff.
Adv. Mangal Kadam present for defendants/MHADA and sought adjournment to file reply to nm.
Matter adjourned for nm reply as a last chance to 26/04/22.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-04-2022

Date: 26-04-2022
Business: Adv. Ms. Almeda For plaintiff is present.
Adv. Ms. Mangal Kadam for defendant No. 1 is present and submitted that defendant No. 1 is not going to file reply to both the NM.
None present for defendant No. 2.
It appears that inspite of just opportunities defendants failed to file reply to the both notice of motion. Hence, both NM is proceeded without reply of defendants.
Matter adjourned for NM hearing to 27.06.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-06-2022

Date: 27-06-2022
Business: Advocate Almeda present for plaintiff.
Advocate Mangal Kadam present for defendant no. 01.
None present for defendant no. 02.
As the court is busy in argument and order in Suit St no.6751/2022
Matter adjourned for NM Hearing to 01.07.2022.
Next Purpose: HEARING
Next Hearing Date: 01-07-2022

Date: 01-07-2022
Business: Adv. Almeda for plaintiff present.
Adv. Mangal Kadam for defendant no.1.
None for defendant no.2.
Adv.for defendant no.1 submitted that the building in which the suit premises was situated is already demolished. Adv.for plaintiff also admitted that the suit building is demolished and therefore present Notice of Motion No. 4966/19 does not survive and submitted to disposed off the Notice of Motion No. 4966/19 as it became infructuos. Inview of the above submission of Ld. Adv.for plaintiff Notice of Motion No. 4966/19 is disposed of.
Nature Of Disposal: OTHERWISE
Disposal Date: 01-07-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 114383/2019
Filing Date: 26-12-2019
First Hearing Date: 07th January 2020
Decision Date: 01st July 2022
Court Number And Judge: 8-COURT 08 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    01 Jul 2022
    Order Details: Notice of Motion
Pdf Text: Daily Status
IN THE COURT OF :COURT 08 ADDL SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0104966/2019
Shri. Bhairu P. Matkar Vs Executive Engineer and Anr.
Date : 01-07-2022
Business : Adv. Almeda for plaintiff present. Adv. Mangal Kadam for
defendant no.1. None for defendant no.2. Adv.for defendant
no.1 submitted that the building in which the suit premises
was situated is already demolished. Adv.for plaintiff also
admitted that the suit building is demolished and therefore
present Notice of Motion No. 4966/19 does not survive and
submitted to disposed off the Notice of Motion No. 4966/19
as it became infructuos. Inview of the above submission of
Ld. Adv.for plaintiff Notice of Motion No. 4966/19 is
disposed of.
Nature of Disposal : OTHERWISE
Disposal Date : 01-07-2022
COURT 08 ADDL SESSIONS JUDGE
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