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NOTICE OF MOTION

Ashutosh Singh and Ors.VsRadheshyam Dubey and Anr.

CNR MHCC01013577201966-COURT 66 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHER
Decision Date: 29th June 2022

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
104969/2019
Registration Date
26 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: 18-02-2020
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-04-2020
    
    Date: 06-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-05-2020
    
    Date: 29-05-2020
    Business: Case is adjd.to 16.06.20 in view of extension of Lockdown period as per office order no.78/20 dtd.18.05.20
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-06-2020
    
    Date: 16-06-2020
    Business: Due to lock down case is adjd. to 11.08.2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-08-2020
    
    Date: 11-08-2020
    Business: Adjd. to 29.09.2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-09-2020
    
    Date: 29-09-2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-01-2021
    
    Date: 06-01-2021
    Business: None for parties.
    Adjd to 04.03.2021 for N/M Hearing
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-03-2021
    
    Date: 04-03-2021
    Business: Adv. J. P. Singh for plaintiff present.
    None for defendants.
    Due to spike in number of COVID-19 patients and/or affected persons in Maharashtra, the matter is adjourned without any proceeding today owing to absence of the defendant.
    Adjd to 19.04.2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-04-2021
    
    Date: 19-04-2021
    Business: Case is adjd. in view of declaration of Noval Corona Virus (COVID -19).
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-07-2021
    
    Date: 13-07-2021
    Business: None for plaintiff.
    Adv. for defendant No. 1 present.
    Adv. for defendant No. 1 filed registered NM No. 4969/19. t.o.r.
    Adv. for defendant No. 1 stated that the notice of motion is not served by them to the plaintiffs.
    Defendant to serve the notice of motion to the plaintiff and file affidavit of service.
    Adjd for compliance to 09/09/2021
    Next Purpose: COMPLIANCE
    Next Hearing Date: 09-09-2021
    
    Date: 09-09-2021
    Business: Court is on leave
    Next Purpose: COMPLIANCE
    Next Hearing Date: 27-10-2021
    
    Date: 27-10-2021
    Business: Court is on leave
    Next Purpose: COMPLIANCE
    Next Hearing Date: 26-11-2021
    
    Date: 26-11-2021
    Business: Adv. J. P. Singh For plaintiff present.
    Adv. For defendants present.
    Adv. For plaintiff tendered draft chamber summons along with affidavit in support. O-Leave granted to register chamber summons.
    ORDER below unregistered chamber summons.
    The chamber summons is filed by plaintiff to bring legal heirs of deceased plaintiff No. 1 on record. Chamber summons is supported by affidavit of Ashish Ashutosh Singh stating that plaintiff No. 1 (a), (b) and (c) are legal heirs of deceased. There is delay of 23 days. They are native of Uttar Pradesh. Therefore some time to file chamber summons. Adv. For defendant stated that as the matter is going to be settled the chamber summons may be allowed. Suit is filed for specific performance and injunction. Considering the nature of relief, the legal heirs of deceased plaintiff NO. 1 are necessary party. Hence pass following order :
    1. The chamber summons is allowed.
    2. Prayer (a) of chamber summons is made absolute.
    3. Plaintiff to carryout necessary amendment within limitation.
    4. Accordingly, chamber summons is disposed of.
    5. Chamber summons be registered for statistical purpose.
    Adjd for compliance to 24/01/2022
    Next Purpose: COMPLIANCE
    Next Hearing Date: 24-01-2022
    
    Date: 24-01-2022
    Business: Dt.24/01/2022
    Suit  702/14
    NM 3245/14
    NM 4969/19
    IN THE COURT OF H.H.J. SMT. S. S. NAGUR JUDGE CITY CIVIL COURT C.R. NO. 04
    None present.
    As per office order no. 07 of 2022 and 03 of 2022 only urgent
    matters are to be taken up for hearing therefore matter is
    adjourned for compliance to 26/04/2022.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 26-04-2022
    
    Date: 26-04-2022
    Business: Dt.26/04/2022
    Suit 702/14
    NM 3245/14
    NM 4969/19
    IN THE COURT OF H.H.J. SMT. S. S. NAGUR JUDGE CITY CIVIL COURT C.R. NO. 66
    Adv. For plaintiff present.
    Adv. For defendant present.
    Exh-5 Consent terms between plaintiff no. 1 (a) to 1 (c) and deft No.2. O-The plaintiff no.1 present. He represent the plaintiff No. 2. as her constituted attorney. The plaintiff\''s constituted attorney is present. The director of defendant NO. 2 is present. The agree with the consent terms hence read and recorded order at Exh.1.
    The authority of Director representing defendant NO.2 who signed the consent term is not filed to show that he has been authorized to file consent terms by defendant No. 2 company. Therefore the defendant no. 2 to file the authority of the director who has signed the consent term to dispose of the suit as per consent terms.
    Adjd for compliance to 29/06/2022
    Next Purpose: COMPLIANCE
    Next Hearing Date: 29-06-2022
    
    Date: 29-06-2022
    Business: None for plaintiff.
    Adv. Sheetal Chavan for defendant no.2  present and filed application to take authority letter on record. t.o.r. marked as Exh. 6 - allowed.
               On perusal of record, it appears that the plaintiffs and defendant no. 2 had filed consent terms Exh. 5 on 26-04-2022. The plaintiffs constituted attorney and director of defendant no. 2 were present before the Court on 26-04-2022. Today, representative of defendant no. 2 filed authority letter with application Exh. 5 as per directions of the Court given in roznama dtd. 26-04-2022.
            Consent terms Exh. 5 are signed by constituted attorney of plaintiff no. 1b and 1c i.e. plaintiff no. 1a. Plaintiff no. 1a also signed the consent terms Exh. 5 in his individual capacity. Similarly, plaintiffs no. 2 and 3 and  representative of defendant no. 2 namely Mohd. Nasim signed it. Both sides are identified by their respective advocates. As defendant no. 1 has already sold the suit property to defendant no. 2, he is not necessary party to compromise between the plaintiffs and defendant no. 2.    As defendant no. 2 has agreed to allot three flats to the plaintiffs on terms and conditions mentioned in para 10 of the consent terms,It appears that the parties are compromising the matter voluntarily and by ensuring that their interest is protected. Hence, consent terms  Exh. 5 can be considered for recording the compromise and passing the compromise decreed. Hence, I pass the following order
                                                   Order
    1. S.C. Suit No. 702/14 is decreed in terms of consent terms Exh. 5.
    2. Consent terms Exh. 5 shall form part and parcel of the compromise decree.
    3. Court fee shall be refunded as per rules and referred certificate shall be issued accordingly.
    4. Parties shall bear their own costs.
    5. NM No. 3245/14 and NM No.  4969/19 are disposed off having become infructuous due to disposal of the main matter.
    6. Proceedings of  S.C. Suit No. 702/14,  NM No. 3245/14 and NM No.  4969/19 are closed.
    Nature Of Disposal: OTHER
    Disposal Date: 29-06-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 114181/2019
    Filing Date: 26-12-2019
    First Hearing Date: 18th February 2020
    Decision Date: 29th June 2022
    Court Number And Judge: 66-COURT 66 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    29 Jun 2022

    Order Details: Other Pdf Text: Back Daily Status IN THE COURT OF :COURT 66 ADDL SESSIONS JUDGE Case No. :NOTICE OF MOTION/0104969/2019 Ashutosh Singh and Ors. Vs Radheshyam Dubey and Anr. Date : 29-06-2022 Business : None for plaintiff. Adv. Sheetal Chavan for defendant no.2 present and filed application to take authority letter on record. t.o.r. marked as Exh. 6 - allowed. On perusal of record, it appears that the plaintiffs and defendant no. 2 had filed consent terms Exh.…

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