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NOTICE OF MOTION

Mr. Uwais Mohammad Yusuf DolareVsLala Tulsiram Aggarwal Memorial +7 more

CNR MHCC0100060520191-COURT 01 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--OTHER
Decision Date: 10th November 2021

TrustJury record updated 17 Sept 2026

Case Overview

Registration Number
100240/2019
Registration Date
16 Jan 2019

Advocates

1

For Respondent

    Not available

    Parties

    9

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 18-01-2019
    Reason For Adjournment: court time is over
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 19-03-2019
    
    Date: 19-03-2019
    Business: Resumed.
    The P.O. is busy in dictating NM orders in Suit No. 2803/2018 and 2804/2018 and Ch/s orders in Suit No. 8337/1998.  For want of time the board is discharged.
    Adjd for NM reply to 11.06.2019.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 11-06-2019
    
    Date: 11-06-2019
    Business: Adv. Sonali Patil  with Sunita Naik for plaintiff present.
    Defendant no. 8 present.
    None present for other defendants.
    Suit is already proceeded against deft. nos. 1 to 4 and 7. Suit against deft. nos. 5 and 6 is dismissed.  The deft. no. 8 has filed reply to NM.  Deft. nos. 1 to 4 and 7 have not filed reply to the NM.  Hence, the NM is proceeded without reply of defendant nos. 1 to 4 and 7.
    Adjourned for NM hearing to 16.8.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-08-2019
    
    Date: 16-08-2019
    Business: Adv. Sonali Patil for plaintiff present.
    Defendant no. 8 present.
    Ld. advocate for plaintiff seeks time for hearing on NM.
    Adjourned for NM hearing to 3.10.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-10-2019
    
    Date: 16-08-2019
    Business: Adv. Sonali Patil for plaintiff present.
    Defendant no. 8 present.
    Ld. advocate for plaintiff seeks time for hearing on NM.
    Adjourned for NM hearing to 3.10.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-10-2019
    
    Date: 03-10-2019
    Business: Adv. Sonali Patil for plaintiff present.
    None present for defendants.
    Draft issues filed by the plaintiff.  TOR.
    Ld. counsel for the plaintiff seeks time for hearing on NM. Last chance is granted.
    Adjourned for hearing on NM to 4.12.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-12-2019
    
    Date: 03-10-2019
    Business: Adv. Sonali Patil for plaintiff present.
    None present for defendants.
    Draft issues filed by the plaintiff.  TOR.
    Ld. counsel for the plaintiff seeks time for hearing on NM. Last chance is granted.
    Adjourned for hearing on NM to 4.12.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-12-2019
    
    Date: 04-12-2019
    Business: Adv. Ms.  for plaintiff present.
    None for deft.
    Adv. for counsel seeks time to amend the N/M in view of death of original plaintiff.
    The matter is adjd for steps in N/M to 24.01.2020.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 24-01-2020
    
    Date: 24-01-2020
    Business: Adv. Sonali Patil for plaintiff present.
    None for deft.
    Vakalatnama tendered on behalf of plaintiff by Adv. Patil.
    O. - Seen and filed.
    Application for amendment of N/M is filed.
    O. - Call say of defendants.
    Plaintiff to serve the copy of application to the defendant.
    The matter is adjd for say on Exh.8 to 06.03.2020 at 02.45 pm.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-03-2020
    
    Date: 06-03-2020
    Business: Adv. Sonali Patil for plaintiff present.
    None for defts.
    The N/M no.240/19 to proceed without reply of deft. nos.1 to 4 and 7 to 8.
    The matter is adjd for hearing on N/M to 11.06.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-06-2020
    
    Date: 11-06-2020
    Business: None present.
    The matter is adjd for N/M hearing to 29.07.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-07-2020
    
    Date: 11-06-2020
    Business: None present.
    The matter is adjd for N/M hearing to 29.07.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-07-2020
    
    Date: 29-07-2020
    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 FOR HEARING
    Next Hearing Date: 31-10-2020
    
    Date: 29-07-2020
    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 FOR HEARING
    Next Hearing Date: 31-10-2020
    
    Date: 31-10-2020
    Business: Both the parties are absent. Due to Covid-19, the matter is adjourned to 07.01.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-01-2021
    
    Date: 31-10-2020
    Business: Both the parties are absent. Due to Covid-19, the matter is adjourned to 07.01.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-01-2021
    
    Date: 07-01-2021
    Business: Adv. Sonali Patil for plaintiff present.
    None for deft.
    Ld. counsel for plaintiff seeks time for hearing on NM. Granted.
    The matter is adjd for hearing to 09.02.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-02-2021
    
    Date: 07-01-2021
    Business: Adv. Sonali Patil for plaintiff present.
    None for deft.
    Ld. counsel for plaintiff seeks time for hearing on NM. Granted.
    The matter is adjd for hearing to 09.02.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-02-2021
    
    Date: 09-02-2021
    Business: Adv. Sonali Patil for plaintiff present.
    None for deft.
    Ld. counsel for plaintiff seeks time for hearing on N/M.  Granted.
    The matter is adjd for hearing on N/M to 23.03.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-03-2021
    
    Date: 09-02-2021
    Business: Adv. Sonali Patil for plaintiff present.
    None for deft.
    Ld. counsel for plaintiff seeks time for hearing on N/M.  Granted.
    The matter is adjd for hearing on N/M to 23.03.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-03-2021
    
    Date: 23-03-2021
    Business: None present for the plaintiff.
    Adv Twinkle Gadhiya I/b M/s L. C. Tolat and Co. for deft nos. 1 to 4 present.
    Last chance granted to the plff for hearing on NM.
    Matter adjd to 22.06.2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-06-2021
    
    Date: 23-03-2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-06-2021
    
    Date: 22-06-2021
    Business: As P.O is for conducting the training programme and assessing the performance of the Potential Trainer for 40 hrs Online Mediation Training Programme  for the Judicial Officers scheduled to be held from 21st to 25th June and 28th to 30th June,2021.
    Matter adjd to 17/08/2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-08-2021
    
    Date: 17-08-2021
    Business: Adv. Sonali Patil for plff is present.
    Adv. Twinkle Gadhiya for deft no.1 to 4 is present.
    On oral request of Adv.for plff matter adjourned by way of last chance.
    Matter adjd for NM hearing on 10.11.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-11-2021
    
    Date: 10-11-2021
    Business: Adv. Asmita Sarangdhar for plaintiff is present.
                      Order below NM No. 240/19
    Perused the notice of motion and reply. Since long nobody is appearing for the defendant. The ad-interim reliefs as per order dtd. 18.10.2016 is in favour of the plaintiff and is continued till this date. Only because this notice of motion is pending, there is no progress in the suit. The ad-interim reliefs to the extent that the defendants shall not create any third party right or interest in the suit property. Said order is still in force till today. The Ld. Adv. for the plaintiff has submitted that if same order dtd. 18.10.2016 if continued till disposal of suit, then the notice of motion can be disposed of. Hence, I pass the following order-
                                              ORDER
    Notice of Motion No. 240/19 stands disposed of with a direction that order dtd. 18.10.2016 shall continue till the disposal of the suit. Notice of motion is disposed of accordingly.
    Nature Of Disposal: OTHER
    Disposal Date: 10-11-2021
    
    Date: 10-11-2021
    Business: Adv. Asmita Sarangdhar for plaintiff is present.
                      Order below NM No. 240/19
    Perused the notice of motion and reply. Since long nobody is appearing for the defendant. The ad-interim reliefs as per order dtd. 18.10.2016 is in favour of the plaintiff and is continued till this date. Only because this notice of motion is pending, there is no progress in the suit. The ad-interim reliefs to the extent that the defendants shall not create any third party right or interest in the suit property. Said order is still in force till today. The Ld. Adv. for the plaintiff has submitted that if same order dtd. 18.10.2016 if continued till disposal of suit, then the notice of motion can be disposed of. Hence, I pass the following order-
                                              ORDER
    Notice of Motion No. 240/19 stands disposed of with a direction that order dtd. 18.10.2016 shall continue till the disposal of the suit. Notice of motion is disposed of accordingly.
    Nature Of Disposal: OTHER
    Disposal Date: 10-11-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 100688/2019
    Filing Date: 16-01-2019
    First Hearing Date: 18th January 2019
    Decision Date: 10th November 2021
    Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    10 Nov 2021
    Order Details: Notice of Motion
    Pdf Text: 26 10.11.2021
    SU 809/17
    NM 240/19
    CORAM : HHJ KISHORE M. JAISWAL, JUDGE, CITY CIVIL
    COURT,GR.MUMBAI (C.R.NO.1)
    Adv. Asmita Sarangdhar for plaintiff is present.
    Order below NM No. 240/19
    Perused the notice of motion and reply. Since long nobody
    is appearing for the defendant. The adinterim reliefs as per
    order dtd. 18.10.2016 is in favour of the plaintiff and is
    continued till this date. Only because this notice of motion is
    pending, there is no progress in the suit. The adinterim
    reliefs to the extent that the defendants shall not create any
    third party right or interest in the suit property. Said order
    is still in force till today. The Ld. Adv. for the plaintiff has
    submitted that if same order dtd. 18.10.2016 if continued
    till disposal of suit, then the notice of motion can be
    disposed of. Hence, I pass the following order
    ORDER
    Notice of Motion No. 240/19 stands disposed of with a
    direction that order dtd. 18.10.2016 shall continue till the
    disposal of the suit. Notice of motion is disposed of
    accordingly.
    Matter adjd for evidence on 08.02.2022.
    Judge
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