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NOTICE OF MOTION

Lakhsmi SubramanianVsPriya Rajulu And Ors

CNR MHCC0100014720192-COURT 02 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 05th December 2022

TrustJury record updated 16 Sept 2026

Case Overview

Registration Number
100060/2019
Registration Date
04 Jan 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: 21-01-2019
    Business: As Court is busy in dictating orders, hence board is discharged and matter is adjourned.
    Adj for NM hearing to 21.02.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-02-2019
    
    Date: 21-02-2019
    Business: Adv. Sasidharan for Plaintiffs present.
    Deft and Adv absent.
    Original NM no.60/19 tendered by Plaintiffs t.o.r.
    NM is served upon Defendant no.1 and 3 through Bailiff and so also writ of summons served upon Defendant nos.1 and 3 through Bailiff.
    Plff is directed to adopt proper mode of service of writ of summons upon Defendant no.2 as she is resident of place outside the jurisdiction of this Court.
    Issue writ of summons to Defendant no.2 on payment of P.F.
    It be sent to the Civil Court within the jurisdiction of which Defendant no.2 resides for the purposes of service of summons upon her.
    Adj for service and reply to 11.04.2019.
    Next Purpose: SERVICE
    Next Hearing Date: 11-04-2019
    
    Date: 11-04-2019
    Business: Adv. Sasidharan for Plaintiff present.
    Adv. Arun Raj appeared for Defendant no.1 and 2 and undertakes to file V/n by next date.
    He sought time to file reply. Time is granted.
    None appeared on behalf of Defendant no.3.
    Therefore, NM and suit to proceed ex parte against Defendant no.3.
    Adj for reply of Defendant nos.1 and 2 to 27.06.2019.
    Next Purpose: REPLY
    Next Hearing Date: 27-06-2019
    
    Date: 27-06-2019
    Business: Adv. Siddiqui for Plaintiff present.
    Adv. Ketki Mishra appeared for Defendants and undertakes to file V/n on next date.
    Adv for defendants sought time to file reply.
    Granted as last chance.
    Adj for NM reply to 31.07.2019.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 31-07-2019
    
    Date: 31-07-2019
    Business: Adv. Sasidharan for Plaintiff present.
    Adv. Ketki Mishra filed V/n for defendant t.o.r.
    She filed reply of defendant no.1 and 2 to NM No.60/19 separately t.o.r.
    Adj for NM hearing to 05.09.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-09-2019
    
    Date: 05-09-2019
    Business: Adv. Siddiqui for Plaintiffs present.
    Adv. Ketki for defendant nos.1 and 2 present.
    Adv for Plaintiffs sought time to file rejoinder to the reply of defendant nos.1 and 2.
    Adj for rejoinder and hearing to 23.10.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-10-2019
    
    Date: 23-10-2019
    Business: Adv Siddhiki for plaintiff present.
    Adv. Ketki Mishra for defendant no 1 and 2 present.
    Rejoinder filed by advocate for plaintiff t.o.r
    Copy is given for other side.
    Defendant no 1 and 2 filed 2 separate draft NM t.o.r
    O- Leave granted registered same
    Copy is served upon plaintiff.
    Adjourned for reply to 29.11.2019.
    Next Purpose: REPLY
    Next Hearing Date: 29-11-2019
    
    Date: 29-11-2019
    Business: Adv. Sidhiqee for plaintiff present
    Adv. Salonee Jain for defendant no 1 and 2 present.
    She tendered two registered NM 4349/19 and 4350/19 t.o.r.
    Defendant filed reply to both Notice of motions.
    Copy given to other side.
    Adjourned for NM hearing to 20.12.2019
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 20-12-2019
    
    Date: 20-12-2019
    Business: Adv. Shashidharan for plaintiff present.
    Adv. Saloni Jain for defendant no 1 and 2 present.
    She sought time  Granted as last chance.
    Adjourned to 28.01.2020 for hearing.
    Next Purpose: HEARING
    Next Hearing Date: 28-01-2020
    
    Date: 28-01-2020
    Business: Adv. Siddiqui for plaintiff present.
    Adv. Ketki Mishra for defendant Nos.1 and 2 present.
    Heard argument of both sides on NM Nos.4349/19 and 4350/19.
    Adjourned for order to 29.01.2020
    Next Purpose: HEARING
    Next Hearing Date: 29-01-2020
    
    Date: 29-01-2020
    Business: Adv. Shahidharan for plaintiff present.
    Adv. Umar H/F Ketaki Mishra for defendant No. 1 and 2 present.
    KB
    LO
    FRSR, following order is passed below Notice of Motion No.4349 of 2019
            ORDER
    1.     Notice of Motion No.4349 of 2019 is allowed and made absolute in terms of prayer clauses (a) and (b) subject to payment of costs of Rs.3000/- (Rupees Three Thousand only) to the plaintiffs within period of two weeks from the date of this order.
            Defendant No.1 is at liberty to deposit the costs payable to the plaintiffs in the Court.
    2.    After payment of costs written statement of defendant No.1 be taken on record and marked exhibit.
    3.     Accordingly, notice of motion is disposed off.
    FRSR, following order is passed below Notice of Motion No.4350 of 2019
            ORDER
    1.     Notice of Motion No.4350 of 2019 is allowed and made absolute in terms of prayer clauses (a) and (b) subject to payment of costs of Rs.3000/- (Rupees Three Thousand only) to the plaintiffs within period of two weeks from the date of this order.
            Defendant No.2 is at liberty to deposit the costs payable to the plaintiffs in the Court.
    2.    After payment of costs written statement of defendant No.2 be taken on record and marked exhibit.
    3. Accordingly, notice of motion is disposed off.
    Adjourned for direction to 29.02.2020
    Next Purpose: DIRECTIONS
    Next Hearing Date: 29-02-2020
    
    Date: 29-02-2020
    Business: Adv. Rupesh Nalawade for plaintiff is present.
    Adv. Umar Mukhari for defendant no.1 and 2 is present.
    Advocate for plaintiff is directed to serve copy of NM 60/2019 to advocate for defendant no.1 and 2.
    Adjd for reply on NM 60/2019 on 02.04.2020.
    Next Purpose: REPLY
    Next Hearing Date: 02-04-2020
    
    Date: 02-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPLY
    Next Hearing Date: 24-04-2020
    
    Date: 02-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPLY
    Next Hearing Date: 24-04-2020
    
    Date: 24-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPLY
    Next Hearing Date: 04-06-2020
    
    Date: 04-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPLY
    Next Hearing Date: 22-06-2020
    
    Date: 04-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPLY
    Next Hearing Date: 22-06-2020
    
    Date: 22-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPLY
    Next Hearing Date: 14-10-2020
    
    Date: 14-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPLY
    Next Hearing Date: 19-12-2020
    
    Date: 14-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPLY
    Next Hearing Date: 19-12-2020
    
    Date: 19-12-2020
    Business: None present.
    Matter stands Adj for Reply on N/M to 29.01.2021.
    Next Purpose: REPLY
    Next Hearing Date: 29-01-2021
    
    Date: 19-12-2020
    Business: None present.
    Matter stands Adj for Reply on N/M to 29.01.2021.
    Next Purpose: REPLY
    Next Hearing Date: 29-01-2021
    
    Date: 29-01-2021
    Business: Adv. Serum Siddigi for plff present.
    Adv. Diamondwala for Deft no. 1 and 2 present.
    Adjd. to 26.02.2021 for reply
    Next Purpose: REPLY
    Next Hearing Date: 26-02-2021
    
    Date: 26-02-2021
    Business: Adv. Ms. Siddhiki for plaintiff present.
    She seeks time for hearing. Granted.
    defendant absent.
    Matter stands Adj to 07/04/2021 for Hearing on NM.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-04-2021
    
    Date: 26-02-2021
    Business: Adv. Ms. Siddhiki for plaintiff present.
    She seeks time for hearing. Granted.
    defendant absent.
    Matter stands Adj to 07/04/2021 for Hearing on NM.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-04-2021
    
    Date: 07-04-2021
    Business: None present.
    Adjd for NM for hearing on 19.06.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-06-2021
    
    Date: 19-06-2021
    Business: Holiday declared on 19.06.2021 as per office order 106/2021 dated 14/06/2021.
    Due to covid matter is adjourned.
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-08-2021
    
    Date: 03-08-2021
    Business: Adv R. B. Nalawade for plff present.
    None for deft.
    Matter stands Adj for NM Hearing to 07/10/2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-10-2021
    
    Date: 07-10-2021
    Business: Adv Sasidharan for plff present.
    None for deft.
    Matter stands Adj for NM Hearing to 22/11/2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-11-2021
    
    Date: 22-11-2021
    Business: Adv Siddhique for plff present.
    She seeks time for NM Hearing.  Granted.
    None for deft.
    Matter stands Adj for NM Hearing to 24/01/2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-01-2022
    
    Date: 24-01-2022
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-03-2022
    
    Date: 17-03-2022
    Business: Adv Siddhiquie for plff present.
    She seeks time for NM Hearing.  Granted.
    None for deft.
    Matter stands Adj for NM Hearing to 26/04/2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-04-2022
    
    Date: 26-04-2022
    Business: Adv Shashidharan for plff present.
    None for deft.
    P. O. is busy in dictating Judgment in SU 2988/2004.
    Hence, matter stands Adj for NM Hearing to 13/07/2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-07-2022
    
    Date: 13-07-2022
    Business: Adv. Shashidharan for plff present.
    None for deft. The deft are absent since long.
    Last chance granted for deft to work out the matter on next date, on failure matter will proceed further. Adjd for NM hrg on 18.8.22.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-08-2022
    
    Date: 18-08-2022
    Business: Adv. Sasidharan for plaintiff present.
    None for defendant present.
    Parties are directed to give CTS number of suit property.
    Matter is adjd to hearing to 06/09/2022.
    Next Purpose: HEARING
    Next Hearing Date: 06-09-2022
    
    Date: 06-09-2022
    Business: Adv. Shashidhar  For plaintiff present.
    None  For defendant present.
    Sufficient time is granted to defendant to work out the matter, hence n/m to proceed further.
    Parties are directed to give CTS number of suit property.
    Matter is adjd for hearing to 15/10/2022.
    Next Purpose: HEARING
    Next Hearing Date: 15-10-2022
    
    Date: 15-10-2022
    Business: Adv.  Sashidharan for plaintiff present.
    None for defendant present.
    Last granted to defendant to work out the matter on failure n/m will proceed further.
    Matter is adjd for n/m hearing to 03/12/2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-12-2022
    
    Date: 03-12-2022
    Business: Adv. Sasidharan for plaintiff present.
    None for defendant present.
    Heard  n/m no. 60 of 2019 advocate for plaintiff.
    Parties are directed to give CTS number of suit property.
    Matter is adjd for order to 05/12/2022.
    Next Purpose: ORDER
    Next Hearing Date: 05-12-2022
    
    Date: 05-12-2022
    Business: Adv. Siddki for plaintiff present.
    None  for defendant present.
    FRSR following order passed
    Order -
    1) Notice of Motion No. 60 of 2019 is partly allowed.
    2) Defendants no. 1 and 2 are hereby directed not to create third party interest  in the suit premises i.e , flat no. 707, admeasuring 300 sq. fts. situated at 7th floor of reconstructed building know as Bhageshwar Bhuvan till the final decision of suit.
    Nature Of Disposal: ALLOWED
    Disposal Date: 05-12-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 100146/2019
    Filing Date: 04-01-2019
    First Hearing Date: 21st January 2019
    Decision Date: 05th December 2022
    Court Number And Judge: 2-COURT 02 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    05 Dec 2022

    Order Details: Notice of Motion Pdf Text: ORDER ..1.. MHCC010001472019 IN THE CITY CIVIL COURT FOR GREATER MUMBAI NOTICE OF MOTION NO.60 OF 2019 IN S.C.SUIT NO.3342 OF 2018 Lakhsmi Subramanian and another. ...Plaintiff. Versus. Priya Rajulu and others. … Defendants. Appearance: Adv. Sasidharan for plaintiff. CORAM : HIS HONOUR JUDGE R.R.Patare COURT NO.2 DATED : 5th December, 2022. ORAL ORDER Perused pleading and evidence on record. Heard advocate for plaintiffs. Defendants and their advocates remained absent at the time…

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