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NOTICE OF MOTION

Raghunath Nathu Gaikwad - Suit St. No. 14360/2019VsMHADA and anr.

CNR MHCC0101362120198-COURT 08 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 19th November 2022

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
104988/2019
Registration Date
30 Dec 2019

Advocates

1

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 02-01-2020
    Business: Adv. Jamkhandi for Plaintiff is present. He filed affidavit of service. He also tendered registered NM No. 4988/2019 a/w affidavit in support.
    Adv. Mangal Kadam for defendant no. 1 and 2 is present. She seeks time for tendering reply. O granted.
    Earlier Ad-interim order, if any be continued till next date.
    Matter is adjd.  for  NM reply to 07/02/2020 .
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 07-02-2020
    
    Date: 07-02-2020
    Business: None present for plaintiff and defendant.
    Matter is adjd.  for N/M reply to 15/04/2020.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 15-04-2020
    
    Date: 15-04-2020
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 22-04-2020
    
    Date: 22-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 13-05-2020
    
    Date: 13-05-2020
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 02-06-2020
    
    Date: 02-06-2020
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 19-06-2020
    
    Date: 19-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 07-12-2020
    
    Date: 07-12-2020
    Business: None present for the plaintiff.
    None present for the defendant.
    The plaintiff is directed to serve writ of summons to the defendants to bailiff of sheriff office and also issue notice of present NM.
    NM reply not tendered.
    Matter is adjd. to 12.03.2021 for proof of service of writ of summons and NM.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 12-03-2021
    
    Date: 12-03-2021
    Business: None for plaintiff.
    Adv. Mangal Kadam for defendants No.1 and 2.
    On oral request of the ld. advocate for defendants No.1 and 2,  matter is adjd. to 20/04/2021 for filing WS/reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 20-04-2021
    
    Date: 20-04-2021
    Business: Due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 08-07-2021
    
    Date: 08-07-2021
    Business: Due to COVID-19 pandemic.
    Matter is adjourned.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 25-08-2021
    
    Date: 25-08-2021
    Business: court is on leave
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 06-10-2021
    
    Date: 06-10-2021
    Business: court is on leave.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 13-12-2021
    
    Date: 13-12-2021
    Business: As Court is busy in hearing argument in SU 4416/94. Hence, board discharged.
    Matter is adjd. to 18.02.2022 for WS.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 18-02-2022
    
    Date: 18-02-2022
    Business: Adv. Mr. Jamkhandi for plaintiff present.
    Adv. Ms. Mangal Kadam for defendant/MHADA present and seeks time to file W/S. Matter is adjd. for filing W/S subject to limitation to 6/5/2022.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 06-05-2022
    
    Date: 06-05-2022
    Business: None present for plaintiff.
    None present for defendant.
    As both the parties and their advocates are absent,  Matter adjourned for order to 26/07/22.
    Next Purpose: ORDER
    Next Hearing Date: 26-07-2022
    
    Date: 26-07-2022
    Business: None present for plaintiff.
    Adv. Mangal Kadam present for defendants and sought time to file reply to NM.
    As plaintiff and his adv. are absent, Matter adjd for NM reply as a last chance on 22/08/22.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 22-08-2022
    
    Date: 22-08-2022
    Business: None present for plaintiff.
    Adv. Mangal Kadam present for defendants/MHADA and sought adjournment to file reply.
    Matter adjourned for no reply order to 26/09/22.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 26-09-2022
    
    Date: 26-09-2022
    Business: None present for plaintiff.
    Adv. Mangal Kadam present for defendants/MHADA and sought adjournment to file reply.
    It appears that, Inspite of just opportunity, defendants did not filed reply to the nm no. 4988/19, Hence, notice of motion 4988/19  be proceeded without reply of defendants.
    Matter adjourned for nm hearing to 15/10/22.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-10-2022
    
    Date: 15-10-2022
    Business: None present for plaintiff.
    Adv. Mangal Kadam present for defendants/MHADA.
    As plaintiff and his adv. are absent, Matter adjourned for nm dismissal order to 19-11-22.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 19-11-2022
    
    Date: 19-11-2022
    Business: None present for plaintiff.
    None present for defendants.
    From the record it appears that, since long plaintiff and his adv are  absent and did not take steps to proceed with NM no. 4988/2019. Therefore the matter is kept for Notice of Motion dismissal order. Today also plaintiff and his adv are absent. From the above conduct of plaintiff, it appears that plaintiff is not interested to proceed with NM no. 4988/2019. Therefore, it will be appropriate to dismiss the NM no. 4988/2019 as per Order 9 Rule 8 Of Code Of Civil Procedure. Hence, NM no. 4988/2019 is dismissed as per Order 9 Rule 8 Of Code Of Civil Procedure.
    Matter adjourned for Steps to 11.01.2023.
    Nature Of Disposal: DISMISSED
    Disposal Date: 19-11-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 114417/2019
    Filing Date: 30-12-2019
    First Hearing Date: 02nd January 2020
    Decision Date: 19th November 2022
    Court Number And Judge: 8-COURT 08 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    19 Nov 2022
    Order Details: Notice of Motion
    Pdf Text: Daily Status
    IN THE COURT OF :COURT 08 ADDL SESSIONS JUDGE
    Case No. :NOTICE OF MOTION/0104988/2019
    Raghunath Nathu Gaikwad - Suit St. No. 14360/2019 Vs MHADA and Anr.
    Date : 19-11-2022
    Business : None present for plaintiff. None present for defendants.
    From the record it appears that, since long plaintiff and his
    adv are absent and did not take steps to proceed with NM
    no. 4988/2019. Therefore the matter is kept for Notice of
    Motion dismissal order. Today also plaintiff and his adv are
    absent. From the above conduct of plaintiff, it appears that
    plaintiff is not interested to proceed with NM no.
    4988/2019. Therefore, it will be appropriate to dismiss the
    NM no. 4988/2019 as per Order 9 Rule 8 Of Code Of Civil
    Procedure. Hence, NM no. 4988/2019 is dismissed as per
    Order 9 Rule 8 Of Code Of Civil Procedure. Matter
    adjourned for Steps to 11.01.2023.
    Nature of Disposal : DISMISSED
    Disposal Date : 19-11-2022
    COURT 08 ADDL SESSIONS JUDGE
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