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NOTICE OF MOTION

Rajesh Bhikaji SalveVsUsha Machhindra Salve and Anr.

CNR MHCC0100016620203-COURT 03 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 01st March 2023

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100073/2020
Registration Date
06 Jan 2020

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: 06-01-2020
    Business: Court is on leave
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-02-2020
    
    Date: 13-02-2020
    Business: Defendant present.
    Adv. Preshid Bagul for defendant present.
    Court is busy in dictating order in suit no. 2063/17 and 2064/17. Hence, board is discharged.
    Matter stands Adj for hearing on NM to 11.03.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-03-2020
    
    Date: 11-03-2020
    Business: Adv. Pal for plaintiff present.
    Defendant no. 1 present in person and seeks time for filing reply as her advocate is absent.
    Matter stands Adj for reply and hearing on NM to 29.04.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-04-2020
    
    Date: 29-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-05-2020
    
    Date: 20-05-2020
    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 FOR HEARING
    Next Hearing Date: 08-06-2020
    
    Date: 08-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-09-2020
    
    Date: 08-09-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-11-2020
    
    Date: 26-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-01-2021
    
    Date: 29-01-2021
    Business: None present.
    The case is adjourned to 18.03.2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-03-2021
    
    Date: 18-03-2021
    Business: As Court is busy in recording evidence in SU No. 2851/15,hence the board is discharged.
    The case is adjourned to 22.04.2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-04-2021
    
    Date: 22-04-2021
    Business: Adjourned due to COVID-19 pandemic.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-07-2021
    
    Date: 14-07-2021
    Business: Court is vacant
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-09-2021
    
    Date: 28-09-2021
    Business: CORAM :- H.H.J. SHRI.A.H.LADDHAD (C.R. 03)
    Matter called out at 04.06 p.m.
    Adv. Pal for plaintiff present.
    He tendered registered NM. No. 73/20. TOR.
    Deft. No. 1 present in person.
    Deft. No. 1 already filed reply.
    Matter stands adjourned to 12.11.2021 for NM hearing.
                                                                                            Judge
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-11-2021
    
    Date: 12-11-2021
    Business: PO is on leave in second session. Hence, board discharge
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-12-2021
    
    Date: 06-12-2021
    Business: Matter mentioned at 3.12 p.m.
    Adv. Pal for plaintiff present.
    Adv. Prashit Bagul a/w Anup Kamble tendered VP on behalf of Deft. No.1. TOR. Exh.3.
    Adv. Tariq A. Chaudhary for Deft. No.2 present. He tendered WS. Exh.4.  He made a statement to treat WS as his reply to NM.
    TOR. subject to limitation.
    Deft. No.1 failed to file WS. Hence, suit to proceed without WS of Deft. No.1.
    Matter stands adjourned to 28.02.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-02-2022
    
    Date: 28-02-2022
    Business: Adv. Pratap Singh for plaintiff present.
    Adv. Jafri h/f Noman Jafri for Deft. No.2 present.
    Adv. Anup Kamble a/w Adv. Preshit Bagul for Deft. No.1 present.
    As court is busy in dictating judgment in SU No.9284/00.
    Matter stands adjourned to 07.04.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-04-2022
    
    Date: 07-04-2022
    Business: Court is on leave in second session. Hence board discharged.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-06-2022
    
    Date: 23-06-2022
    Business: Adv. Pratap Singh for plaintiff present.
    Adv. Preshit Bagul for Deft. no.1 present. He is seeking time. Time granted.
    Adv. Jafri for Deft. no.2 present.
    Matter stands adjourned to 17.08.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-08-2022
    
    Date: 17-08-2022
    Business: Adv. Pratap Singh for plaintiff present.
    Defendant in person present.
    K.B.
    Later on at 3.57 p.m.
    Adv. Pratap Singh for plaintiff present.
    Adv. Anup Kamble for Deft. no.1 present.
    By consent, matter stands adjourned to 27.09.2022 for NM Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-09-2022
    
    Date: 27-09-2022
    Business: Adv. Shailesh Pal for plaintiff present. He is seeking time. Time granted.
    None present for defendant.
    Matter stands adjourned to 01.10.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-10-2022
    
    Date: 01-10-2022
    Business: Adv. Pratap Singh for plaintiff present.
    Adv. Preshit Bagul for Deft. no.1 present.
    K.B.
    Later on mentioned at 3.57 p.m.
    Adv. Pratap Singh for plaintiff present.
    Adv. Preshit Bagul for Deft. no.1 present.
    Matter stands adjourned to 08.10.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-10-2022
    
    Date: 08-10-2022
    Business: Adv. Pratap Singh for plaintiff present.
    Adv. Preshit Bagul for Deft. no.1 present.
    K.B.
    Later on mentioned at 4.29 p.m.
    Adv. Pratap Singh for plaintiff present.
    Adv. Preshit Bagul for Deft. no.1 present. He submitted that without admitting the right to the plaintiff, he is not willing to alienate the property. The record shows that the relief of injunction is also sought against Deft. no.2, in case Deft. no.2 contest the NM, Deft. no.1 also has the right to argue on the NM.
    Put up for argument on NM by Deft. no.2 in respect of prayer clause (a).
    Matter stands adjourned to 28.11.2022 for NM argument (p.h).
    Next Purpose: NM HIGH ON BOARD
    Next Hearing Date: 28-11-2022
    
    Date: 28-11-2022
    Business: None present.
    K.B.
    later on mentioned at 3.32 p.m.
    Adv. Pratap Singh for plaintiff present.
    Heard.
    Defendant absent.
    Matter stands adjourned to 17.01.2023 NM argument/NM order.
    Next Purpose: NM HIGH ON BOARD
    Next Hearing Date: 17-01-2023
    
    Date: 17-01-2023
    Business: Court is on leave.
    Next Purpose: NM HIGH ON BOARD
    Next Hearing Date: 14-02-2023
    
    Date: 14-02-2023
    Business: Adv. Pratap Singh for plaintiff present.
    Adv. P. Bagul for defendant No.1 present.
    Adv. Noman Jafri for defendant No.2 present. He is seeking time to argue on NM. Time granted.
    Matter stands adjourned on 01.03.2023 for argument.
    Next Purpose: NM HIGH ON BOARD
    Next Hearing Date: 01-03-2023
    
    Date: 01-03-2023
    Business: Adv. Pratap Singh for plaintiff present.
    Adv. P. Bagul for defendant No.1 present.
    Adv. Noman Jafri for defendant No.2 present. He tendered pursis. TOR.
    FRSR following order is passed in NM No.73/2020.
    ORDER
    1. Notice of Motion No.73/2020 in S. C. Suit No. 2043/2019, is hereby partly allowed.
    2. Defendant No.1 is hereby retrained from alienating or creating third party interest in the suit property till pendency of the suit.
    3.  Notice of Motion is disposed off accordingly.
    Matter stands adjourned on 27.04.2023 for hearing on issue.
    Nature Of Disposal: ALLOWED
    Disposal Date: 01-03-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 100246/2020
    Filing Date: 06-01-2020
    First Hearing Date: 06th January 2020
    Decision Date: 01st March 2023
    Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    01 Mar 2023

    Order Details: Notice of Motion Pdf Text: ..1.. IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI NOTICE OF MOTION NO.73 OF 2020 (CNR NO.MHCC010001662020) IN S. C. SUIT NO.2043 OF 2019 Mr. Rajesh Bhikaji Salve )..Plaintiff V/s. Smt. Usha Machhindra Salve & Anr. )..Defendants Appearances : Ld. Adv. Pratap Singh for plaintiff. Ld. Adv. Preshit Bagul for defendant No.1. Ld. Adv. Noman Jafri for defendant No.2. CORAM : HIS HONOUR JUDGE SHAIKH AKBAR SHAIKH JAFAR COURT ROOM NO.03 DATE…

    Read Full Order

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