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NOTICE OF MOTION

Mukesh Rochiram JagwaniVsMr. Dinesh Laxman Patil And Anr

CNR MHCC0101580020181-COURT 01 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 24th September 2021

TrustJury record updated 15 Sept 2026

Case Overview

Registration Number
104811/2018
Registration Date
19 Dec 2018

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: 29-01-2019
    Reason For Adjournment: court time is over
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 10-04-2019
    
    Date: 10-04-2019
    Business: Resumed.
    Adv. Jyoti Shahu for plaintiff is present.  None for defendant.
    Adv. Shahu seeks time to file report of service on def. Nos. 2 to 4 and the original NM.
    Earlier order if any to continue till the next date.
    Adjd for w.s./ NM Reply  to 22.07.2019.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 22-07-2019
    
    Date: 22-07-2019
    Business: Plaintiff no. 1 present.
    Application filed by plaintiff no. 1 for extension of time for service of summons.
    Time is extended.
    Adjourned for affidavit of service to 30.9.2019.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 30-09-2019
    
    Date: 22-07-2019
    Business: Plaintiff no. 1 present.
    Application filed by plaintiff no. 1 for extension of time for service of summons.
    Time is extended.
    Adjourned for affidavit of service to 30.9.2019
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 30-09-2019
    
    Date: 30-09-2019
    Business: Adv. Tambe for plaintiff present.
    Plaintiff tendered registered NM no. 4811/18.
    Defendant no. 2 in person present.
    Defendant no. 2 seeks time to file written statement and reply to NM and to engage advocate.
    Defendant no. 3 has been duly served upon but it appears that in writ of summons it is mentioned as defendant no. 4.  Suit to proceed exparte against defendant no. 3. Notice of Motion also to proceed without reply of defendant no. 1.
    Defendant no. 1 appeared through his advocate on 19.3.2019 but till date failed to file written statement and reply to NM and hence suit to proceed without written statement of defendant no. 1 and NM to proceed without reply of defendant no. 1.
    Adjourned for reply to NM and Written statement by defendant no. 2 to 4.11.2019.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 04-11-2019
    
    Date: 30-09-2019
    Business: Adv. Tambe for plaintiff present.
    Plaintiff tendered registered NM no. 4811/18.
    Defendant no. 2 in person present.
    Defendant no. 2 seeks time to file written statement and reply to NM and to engage advocate.
    Defendant no. 3 has been duly served upon but it appears that in writ of summons it is mentioned as defendant no. 4.  Suit to proceed exparte against defendant no. 3. Notice of Motion also to proceed without reply of defendant no. 1.
    Defendant no. 1 appeared through his advocate on 19.3.2019 but till date failed to file written statement and reply to NM and hence suit to proceed without written statement of defendant no. 1 and NM to proceed without reply of defendant no. 1.
    Adjourned for reply to NM and Written statement by defendant no. 2 to 4.11.2019.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 04-11-2019
    
    Date: 04-11-2019
    Business: Adv. Navnath Tambde for plaintiff present.
    Adv. Shinde for defendant no. 2 present.
    Vakalatnama filed on behalf of defendant no. 2. O-Seen and filed.
    Adjourned for written statement and reply of defendant no. 2 as a last chance to 9.12.2019.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 09-12-2019
    
    Date: 04-11-2019
    Business: Adv. Navnath Tambde for plaintiff present.
    Adv. Shinde for defendant no. 2 present.
    Vakalatnama filed on behalf of defendant no. 2. O-Seen and filed.
    Adjourned for written statement and reply of defendant no. 2 as a last chance to 9.12.2019.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 09-12-2019
    
    Date: 09-12-2019
    Business: Adv. Mr. Tambde for plaintiff present.
    Adv. Mr. Tiwari for deft. no.1 present.
    Adv. Mr. Shinde for deft. no.2 present.
    The matter is adjd for reply to N/M to 11.02.2020.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 11-02-2020
    
    Date: 11-02-2020
    Business: Adv. Tambde for plaintiff present.
    Adv. Sandip Singh for deft. no.1 present.
    Adv. Ganesh Bhujbal for deft. no.2 present.
    Adv. for deft. no.1 tenders draft N/M along with supporting affidavit and W/S.  Leave is granted to register it.
    Adv. for deft. no.2 tenders draft N/M along with supporting affidavit and W/S.  Leave is granted to register it.
    Copy is supplied to the plaintiff.
    The matter is adjd for reply and hearing on N/M to 02.03.2020.
    L.O.
    Adv. for deft. no.1 filed application for permission to file reply.
    O. - Permission granted to defendant no.1 to file reply.
    Adv. for deft. no.1 filed affidavit in reply to N/M no.4811/18. T.O.R.
    The matter is already adjd for reply and hearing on N/M to 02.03.2020.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 02-03-2020
    
    Date: 02-03-2020
    Business: Adv. Tambde for plaintiff present.
    Deft. no.2 present.  Adv. Shinde for deft. no.2 present.
    K.B.
    Registered N/M No.831/20 tendered by deft. no.2. T.O.R.
    Ld. counsel for plaintiff seeks time to file reply.  Granted.
    The matter is adjd for reply to N/M to 20.04.2020.
    L.O.  Plaintiff present.
    The matter is already adjd for reply to N/M to 20.04.2020.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 20-04-2020
    
    Date: 02-03-2020
    Reason For Adjournment: court time is over
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 20-04-2020
    
    Date: 20-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 11-05-2020
    
    Date: 20-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 11-05-2020
    
    Date: 11-05-2020
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 30-05-2020
    
    Date: 11-05-2020
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 30-05-2020
    
    Date: 30-05-2020
    Business: In view of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pademic by WHO and as per Office Order 78 of 2020, matter adjourned
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-06-2020
    
    Date: 30-05-2020
    Business: In view of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pademic by WHO and as per Office Order 78 of 2020, matter adjourned
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-06-2020
    
    Date: 17-06-2020
    Business: In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-09-2020
    
    Date: 16-09-2020
    Business: Due to COVID 19, the matter is adjourned.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 02-12-2020
    
    Date: 16-09-2020
    Business: Due to COVID 19, the matter is adjourned.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 02-12-2020
    
    Date: 02-12-2020
    Business: Adv. Tambde for plaintiff present.  Plaintiff present.
    None for deft.
    Ld. counsel for plaintiff seeks time to file reply to N/M no.831/20.  Granted.
    The matter is adjd for reply to N/M to 06.01.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 06-01-2021
    
    Date: 02-12-2020
    Business: Adv. Tambde for plaintiff present.  Plaintiff present.
    None for deft.
    Ld. counsel for plaintiff seeks time to file reply to N/M no.831/20.  Granted.
    The matter is adjd for reply to N/M to 06.01.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 06-01-2021
    
    Date: 06-01-2021
    Business: Adv. Tambde for plaintiff present.
    None for deft.
    Advocate for pltff files reply to N/M No.831/20.
    The matter is adjd for  N/M Hearing to .04.03.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-03-2021
    
    Date: 06-01-2021
    Business: Adv. Tambde for plaintiff present.
    None for deft.
    Advocate for pltff files reply to N/M No.831/20.
    The matter is adjd for  N/M Hearing to .04.03.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-03-2021
    
    Date: 04-03-2021
    
    Date: 08-04-2021
    Business: In view of the office order no.73/21 dated 06.04.2021, only urgent matters are kept on board. This matter is not in the same list hence, adjd for N/M hearing to 22.07.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-07-2021
    
    Date: 08-04-2021
    Business: In view of the office order no.73/21 dated 06.04.2021, only urgent matters are kept on board. This matter is not in the same list hence, adjd for N/M hearing to 22.07.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-07-2021
    
    Date: 22-07-2021
    Business: In view of office order no.131/2021 dated 02.07.2021, the matter not being urgent, is adjourned to 24.09.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-09-2021
    
    Date: 22-07-2021
    Business: In view of office order no.131/2021 dated 02.07.2021, the matter not being urgent, is adjourned to 24.09.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-09-2021
    
    Date: 24-09-2021
    Business: Adv. Tambade for plaintiff is present.
    None for defendant.
                      Order below NM No. 831/2020
    Perused the notice of motion which is supported by an affidavit of defendant no.2 Ulhas Anerao. Also perused the reply and affidavit by plaintiff. Heard. I have also perused the order dtd. 04.03.2021 wherein defendant no.1 was permitted to file written statement. It is submitted that the defendant no.2 is having good case to contest suit on merits. Genuine reasons are mentioned for not filing written statement within the statutory period. It is a matter of record that written statement is also filed along with the notice of motion. Thus for giving fair opportunity to defendant no.2 to contest the suit on merits, in my opinion subject to the same condition imposed on defendant no.1 this notice of motion can be allowed.
                                                ORDER
    Notice of Motion No. 831/2020 is allowed and made absolute interms of prayer clause (a) subject to costs of Rs.5000/- to be paid within two weeks to the plaintiff. After payment of cost, written statement be taken on record. Notice of Motion is allowed and disposed of accordingly.
                             Order below NM No.4811/18
    Perused the notice of motion. Today the Ld. Adv.for the plaintiff has not pressed the Notice of Motion No. 4811/18 by making an endorsement on it. Hence, Notice of Motion No. 4811/18 is disposed of as withdrawn.
    Nature Of Disposal: WITHDRAWL
    Disposal Date: 24-09-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 116744/2018
    Filing Date: 19-12-2018
    First Hearing Date: 29th January 2019
    Decision Date: 24th September 2021
    Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1
    24 Sept 2021
    Order Details: Notice of Motion
    Order 1
    24 Sept 2021
    Order Details: Notice of Motion

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