NOTICE OF MOTION
Mrs. Indu Jagdish Chaurasia And Ors - Suit St. No.11728 of 2018VsMrs. Nrimal gopal Chaurasia
CNR MHCC01015128201865-COURT 65 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHER
Decision Date: 12th December 2024
TrustJury record updated 15 Sept 2026
Case Overview
- Registration Number
- 104570/2018
- Registration Date
- 05 Dec 2018
Advocates
1For Petitioner
For Respondent
Not available
Parties
2Acts & Sections
1Protection of Women from Domestic Violence Act · Sec 9
Case History / Proceedings
Case History
Date: 06-12-2018
Business: Adv. for plff. present.
Adv. for deft. present.
Adv. for plff has tendered N/M No.4570/18 alongwith supporting affd. t.o.r
Adv. for plff. has tendered rejoinder of the plffs to reply to the D/9 t.o.r.
Matter is adjd. to. 17.01.2019 for rejoinder and hearing on N/M No.4570/18.
E.O. to continue till next date.
Next Purpose: REJOINDER
Next Hearing Date: 17-01-2019
Date: 17-01-2019
Business: Adv. for plff. present.
Adv. for deft. present.
Heard the Ld. adv. for plff. He submits that he is not pressing prayer clause (b) regarding leave under order 2 rule 2 of C.P.C. He is allowed to carry out necessary amendment in the plaint to this effect.
Plff. to remove other objection and get the suit registered by next date.
Matter is adjd. to. 05.02.2019 for rejoinder and hearing on N/M No.4570/18.
E.O. to continue till next date.
Next Purpose: REJOINDER
Next Hearing Date: 05-02-2019
Date: 05-02-2019
Business: Adv. Prabhu Velar for plff. present
Adv. for D/1 to 9 present.
D/10 is absent.
On request of Adv. for D/1 to 9 Matter is adjd. to. 19.03.2019 for reply to N/M No.4570/18.
E.O. to continue till next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-03-2019
Date: 19-03-2019
Business: Adv. for plff. present.
Adv. for D/1 to 3 and 9 present.
Rest of the defts are absent.
The D/4 to 8 and 10 have failed to file reply hence, the N/M No.4570/18 shall proceed their reply.
Matter is adjd. to.11.06.2019 for hearing on N/M No.4570/18.
E.O. to continue till next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-06-2019
Date: 11-06-2019
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-07-2019
Date: 16-07-2019
Business: Advocate Mr. Satpute for Plaintiff present
Advocate Mr. Khan for Defendant present
Court is busy in hearing NM in suit no.2776/14 and court has to hear urgent matters, hence case is adjourned to 26/08/2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-08-2019
Date: 20-08-2019
Business: Advocate Shama Khan for Plaintiffs present
Advocate M. S. Laad for Defendants present and filed additional reply of NM no.4570/18, t.o.r.
Plaintiffs advocate submitted that connected suit no.277/19 is pending before CR no.4 and Plaintiffs are intending to get transferred this suit to CR no.4 hence, matter may be adjourned. Plaintiffs are directed to take necessary steps for getting transferred this suit to CR no.4.
Case is adjourned to 16/09/2019 for NM hearing.
Earlier order to continue till next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-09-2019
Date: 16-09-2019
Business: Court is busy in recording evidence in suit no.7793/00 and suit no.9168/92, hence case is adjourned. Earlier order to continue till next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-11-2019
Date: 29-11-2019
Business: (Matter pertains to C.R. No.09)
Adv. Shama Khan for plaintiff present.
None for defendants.
Earlier Order to continue till next date.
Case is adjourned to 12/12/2019 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-12-2019
Date: 12-12-2019
Business: Adv. Shama khan for Plaintiff present and submitted that another connected matter is pending before CR No. 04 and Plaintiff has filed transfer application for transferring this suit to CR No.04, said Transfer application is pending. Hence, matter may be adjourned.
None for defendant.
Case is adjourned to 04/02/2020 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-02-2020
Date: 04-02-2020
Business: Advocate Shama Khan for Plaintiff present
Representative of Defendant present.
Court is busy in dictating order on Notice of Motion in suit no.973/17 and Notice of Motions in suit no.1229/17, hence case is adjourned to 16/04/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-04-2020
Date: 16-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-05-2020
Date: 16-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-05-2020
Date: 05-05-2020
Business: National Lock down
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-05-2020
Date: 05-05-2020
Business: National Lock down
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-05-2020
Date: 27-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-06-2020
Date: 27-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-06-2020
Date: 12-06-2020
Business: In view of extension of Lockdown period case is adjd. to 07.08.2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-08-2020
Date: 12-06-2020
Business: In view of extension of Lockdown period case is adjd. to 07.08.2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-08-2020
Date: 07-08-2020
Business: Adjourned due to Covid-19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-09-2020
Date: 09-09-2020
Business: Due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-12-2020
Date: 09-09-2020
Business: Due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-12-2020
Date: 03-12-2020
Business: None present for Plaintiff.
None present for Defendants.
It seems that due to Corona pandemic, parties are absent, hence case is adjourned to 17/02/2021 for Notice of Motion hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-02-2021
Date: 17-02-2021
Business: None present for plaintiff.
Adv. M.S. Lad for defendant No.9 present.
As nobody present for plaintiff, NM 4570/18 be kept for dismissal order on next date.
Adjd. for dismissal of NM 4570/18 to 27/4/2021.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 18-02-2021
Date: 18-02-2021
Business: Adv Mr. Prabhu Velar for plff present.
None present for deft.
Advocate for the plff requested to continue interim order passed previously. Said order was in existence for long period however, as nobody was present for both parties yesterday, said order has not been continued. Plff to inform the defendant about the next date which shall be fixed as 22.02.2021 for hearing about continuation or not of the earlier interim order.
Matter be kept for hearing on the said aspect on 22.02.2021.
Main mater is already adjd. to 27.04.2021
Next Purpose: HEARING
Next Hearing Date: 22-02-2021
Date: 22-02-2021
Business: Adv Mr. Prabhu Velar for plff present and filed affidavit of service.
None present for deft.
Heard ld. Advocate for the plff. Ld. Advocate or the plff requested
to continue the earlier interim order passed in favour of the plff. Roznama dt.11.09.2018 shows that status-quo order was passed by the Court on that date and it was continued from time to time till 29.11.2019. As nobody is appeared for deft today despite service of notice as per the direction given to the adv for the plff on 18.02.2021, interest of justice will be protected if said order dt.11.09.2018 is continued till next date. Thus, order dt. 11.09.2018 to continue till next date.
Already adjd. to 27.04.2021.
Next Purpose: HEARING
Next Hearing Date: 27-04-2021
Date: 27-04-2021
Business: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 20-07-2021
Date: 27-04-2021
Business: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 20-07-2021
Date: 20-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 15-09-2021
Date: 20-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 15-09-2021
Date: 15-09-2021
Business: Adv Mr. Shirke h/f Prabhu Vellar for plff present and seeks adjournment by submitting that adv. on record of the plff is unable to attend this Court today and this matter may be adjourned to 22.10.2021 with connected suit.
None present for deft.
On request of adv. for plff matter is adjd. for hearing to 22.10.2021.
Next Purpose: HEARING
Next Hearing Date: 22-10-2021
Date: 22-10-2021
Business: Adv Mr. Prashant Aher for plff present.
None present for deft.
Matter is adjd. for hearing to 10.12.2021.
Earlier interim order, if any, to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 10-12-2021
Date: 10-12-2021
Business: Adv Mr. Prabhu Velar for plff prent.
Adv Mr. lad for deft present.
By consent, mater is adjd.for NM hearing to 15.02.2022.
Earlier interim order, if any, to continue till next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-02-2022
Date: 15-02-2022
Business: None present for plff.
Adv Mr. Lad present for deft.
As nobody is present for the plff, N.M.No.4570/2018 be kept for dismissal order on next date.
Matter is adjd. for NM dismissal order to 22.04.2022.
Judge
L.O. at 3.45 p.m.
Adv Mr. Shantibhushan Nirmal for plff present and seeks adjournment. He requested to continue earlier interim order.
Matter be kept in same dismissal caption but earlier interim order to continue till next date.
Already adjd. to 22.04.2022 for NM dismissal order.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 22-04-2022
Date: 22-04-2022
Business: Plaint at Exh.1.
Vakalatnama of Adv for the plff at Exh.2.
Memorandum of address of the plff at Exh.3.
List of documents at Exh.4.
Plff No.8 present in person and filed application Exh.5 for contempt of Court Orders. O-Call say of deft.
Adv Ms. Sneha Ramnathan h/f Adv Shantibhushan present for plff.
Adv Mr. M.S. Lad present for deft.No.1.
Copy of appln Exh.5 given to adv for def No.1 by plff No.8.
Plf No.8 requested to keep the matter on any Saturday.
By consent, matter is adjd. for reply on Exh.5 and NM hearing to 18.06.2022.
Next Purpose: REPLY
Next Hearing Date: 18-06-2022
Date: 18-06-2022
Business: Court on leave
Next Purpose: REPLY
Next Hearing Date: 02-07-2022
Date: 02-07-2022
Business: Plaintiff No.6 and 8 (Rajesh and Vijay) present.
Adv.Sneha Ramnathan h/f.Adv.Shantibhushan Nirmal for plaintiff present
Adv.Lad for defendant No.1 and 2 present.
Earlier order of interim relief if any to continue till next date.
Matter adjd to 19.08.2022 at morning for filing reply.
Next Purpose: REPLY
Next Hearing Date: 19-08-2022
Date: 19-08-2022
Business: Adv.Sneha Ramnathan h/f.Adv.Nirmal for plaintiff No.1 to 4 present.
Adv.Aishwarya Lad h/f.Adv.Lad for all defts. present.
KB
LO at 11.40 am
Plaintiff No.6 and 8 in person present.
Adv.Lad for all defts. present.
The plaintiff Nos.5 to 8 filed rejoinder in NM 4570/18 t.o.r. and marked as Exh.6. Copy of same is received by Adv. for defendants.
Adv. for the deft. submits that copy of Exh.5 is returned to the plaintiff. The plaintiff No.5 to 8 is ready to furnish copy of Exh.5 to the defendant.
Adv. for deft. wants to file sur-rejoinder to Exh.6.
Earlier order of interim relief if any to continue till next date.
Matter adjd to 07.11.2022 for sur-rejoinder in NM 4570/18/reply in Exh.5.
Next Purpose: REPLY
Next Hearing Date: 07-11-2022
Date: 07-11-2022
Business: Adv. Sneha Ramnathan h/f Adv. Nirmal for plaintiff No. 1 to 4 present
None for Defendant.
Earlier order of interim relief if any to continue till next date.
Matter adj. to 25.01.2023 for sur-rejoinder in NM 4570/18 reply in Exh.5.
Judge
Next Purpose: REPLY
Next Hearing Date: 25-01-2023
Date: 25-01-2023
Business: Plaintiff no. 8 present and supplied copy of Exh. 5 to Adv. Lad for defendants.
Adv. Lad for defendant no. 2 and 3 present and received copy of Exh. 5.
Court is busy in passing judgment in suit no. 6380/03, passing order in NM Nos. 3468/22 in suit no. 1942/2022, NM 3623/22 in suit no. 2118/22. Hence adjourned.
Matter adj. to 24/03/2023 for NM reply
Judge
Next Purpose: REPLY
Next Hearing Date: 24-03-2023
Date: 24-03-2023
Business: Court is on leave.
Next Purpose: REPLY
Next Hearing Date: 20-04-2023
Date: 20-04-2023
Business: None present for both sides.
Matter adjd to 21.07.2023 for NM reply.
Next Purpose: REPLY
Next Hearing Date: 21-07-2023
Date: 21-07-2023
Next Purpose: REPLY
Next Hearing Date: 19-08-2023
Date: 19-08-2023
Business: Plaintiffs no. 6 in person present.
Plaintiff no. 8 in person present and filed registered Chs. 1310/23 along with affidavit in support t.o.r.
Copy of Exh. 7 supply to deft. no. 9.
Defendant no. 9 in person present.
Matter is adjd.to 30-09-2023 for Reply.
Next Purpose: REPLY
Next Hearing Date: 30-09-2023
Date: 19-08-2023
Next Purpose: REPLY
Next Hearing Date: 30-09-2023
Date: 30-09-2023
Business: Plaintiffs no. 6 and 8 in person present.
Adv. Lad for defendants no. 9 and 10 present.
From the perusal of the record, it appears that though there are in all 8 plaintiffs in the suit, the application Exh. 5 seems filed by plaintiff no. 5 to 8 only , application Exh. 6 by by plaintiff no. 5 to 8 Exh. 7 by plaintiff no. 8 alone, rejoinder Exh. 6 by plaintiff no. 5 to 8. It is also notice that the plaintiff no. 8 is claiming to be appearing in person. In this view of the matter, the plaintiff to satisfy this court as to how the said Exh. 5, rejoinder Exh. 6 application Exh. 7 can be maintainable at the instance of some of the plaintiffs i.e. plaintiff no. 5 to 8 are plaintiff no. 8 alone.
Matter is adjd.to 07-11-2023 for compliance by plaintiff.
Next Purpose: COMPLIANCE
Next Hearing Date: 07-11-2023
Date: 07-11-2023
Business: Plaintiff no. 6 in person present.
Defendant no. 9 in person present.
Matter is adjourned to 10-01-2024 for compliance
Next Purpose: COMPLIANCE
Next Hearing Date: 10-01-2024
Date: 10-01-2024
Business: None for Plaintiffs present.
Adv. Lad for defendants No.9 and 10 present.
None for other defendants.
Matter stands adjourned on 14.03.2024 for compliance regarding objection in roznama dated 30.09.2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 14-03-2024
Date: 14-03-2024
Business: None for Plaintiffs present.
None for defendants present.
Matter stands adjourned on 05.07.2024 for compliance regarding objection in roznama dated 30.09.2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 05-07-2024
Date: 14-03-2024
Business: None for Plaintiffs present.
None for defendants present.
Matter stands adjourned on 05.07.2024 for compliance regarding objection in roznama dated 30.09.2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 05-07-2024
Date: 05-07-2024
Business: None for plaintiff present.
None for defendant present.
Matter stands adjourned on 11/10/2024 for compliance regarding objection in roznama dated 30/09/2023
Matter stands adjourned on 11/10/2024 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 11-10-2024
Date: 05-07-2024
Business: None for plaintiff present.
None for defendant present.
Matter stands adjourned on 11/10/2024 for compliance regarding objection in roznama dated 30/09/2023
Matter stands adjourned on 11/10/2024 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 11-10-2024
Date: 11-10-2024
Business: None for plaintiff present.
None for defendant present.
Parties are absent and have not taken any steps for proceeding with Notice of Motion and Chamber Summons. Hence Notice of Motion and Chamber Summons are kept for dismissal order.
Matter adjourned for dismissal order.
Matter stands adjourned on 15/10/2024 for dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 15-10-2024
Date: 15-10-2024
Business: None for plaintiff present.
None for defendant present.
Matter stands adjourned on 12.12.2024 for orders.
Next Purpose: ORDER
Next Hearing Date: 12-12-2024
Date: 15-10-2024
Business: None for plaintiff present.
None for defendant present.
Matter stands adjourned on 12.12.2024 for orders.
Next Purpose: ORDER
Next Hearing Date: 12-12-2024
Date: 12-12-2024
Business: None for plaintiff present.
None for defendant present.
Notice of motion and chamber summons are kept for dismissal order. Today also plaintiffs and their advocate are absent for proceeding with the chamber summons and notice of motion. It appears that they are not interested in prosecuting notice of motion and chamber summons. Hence n/m no. 4570 of 2018 and ch/s no. 1310 of 2023 are dismissed in default and for want of prosecution. Proceeding n/m no. 4570 of 2018 and ch/s no. 1310 of 2023 are closed. Parties to take note.
Nature Of Disposal: OTHER
Disposal Date: 12-12-2024Additional Case Details
Additional Case Details
Filing Number: 116105/2018 Filing Date: 05-12-2018 First Hearing Date: 06th December 2018 Decision Date: 12th December 2024 Court Number And Judge: 65-COURT 65 ADDL SESSIONS JUDGE
Orders
2Final Order 112 Dec 2024
12 Dec 2024
Order Details: Other
Order 112 Dec 2024
12 Dec 2024
Order Details: Other
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