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NOTICE OF MOTION

Smt. Sushama Karbhari YendheVsSmt. Kamal Vilas Yendhe +2 more

CNR MHCC0100064720192-COURT 02 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 25th October 2021

TrustJury record updated 17 Sept 2026

Case Overview

Registration Number
100253/2019
Registration Date
17 Jan 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    4

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 15-02-2019
    Business: As P.O. is on leave in second sessions, hence board is discharged and matter is adjourned.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 30-03-2019
    
    Date: 30-03-2019
    Business: CA of Plff present.
    Ex.2 Adv. Tambade filed V/n for Defendant no.1 to 5 t.o.r.
    CA of Plaintiff tendered original NM no.253/19 t.o.r.
    Copy given to other side.
    Plff is directed to take steps for service of notice on Defendant no.6.
    Adj for reply and service to 10.06.2019.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 10-06-2019
    
    Date: 10-06-2019
    Business: Adv. Anushka Shrestha for Plaintiff present.
    Adv. Tambade for Defendant nos.1 to 5 present.
    CA of Plaintiff present.
    Adv for Defendant nos.1 to 5 sought time to file reply.
    Short time is granted as last chance.
    Plff is directed to serve NM upon Defendant no.6.
    Adj for reply and service to 19.06.2019.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 19-06-2019
    
    Date: 10-06-2019
    Business: Adv. Anushka Shrestha for Plaintiff present.
    Adv. Tambade for Defendant nos.1 to 5 present.
    CA of Plaintiff present.
    Adv for Defendant nos.1 to 5 sought time to file reply.
    Short time is granted as last chance.
    Plff is directed to serve NM upon Defendant no.6.
    Adj for reply and service to 19.06.2019.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 19-06-2019
    
    Date: 19-06-2019
    Business: Adv. Anushka Shrestha for Plaintiff present.
    She tendered original NM No.253/19 t.o.r.
    Adv. N.V.Tambde for defendant nos.1 to 5 present.
    He filed reply to NM t.o.r.
    Copy given to other side.
    Adj for NM hearing to 12.07.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-07-2019
    
    Date: 12-07-2019
    Business: Plff and Adv absent.
    CA of Plaintiff present.
    Adv. Mahesh Gupta appeared for Defendant no.6 and undertakes to file V/n by next date.
    Adv. Navnath Tambade for Defendant nos.1 to 5 present.
    On request of Adv for defendant no.6, adjournment is granted as last chance.
    Adj for NM hearing to 26.08.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-08-2019
    
    Date: 26-08-2019
    Business: Adv. Anushka Shreshtha For plaintiff present.
    Adv. Ms. Yasmin appear for defendant no. 6 and filed VP. TOR.
    Defendant no. 4 present.
    Defendant no. 4 filed adjournment application. Adjournment is granted as last chance.
    Matter adjd to 19/09/2019 for NM Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-09-2019
    
    Date: 19-09-2019
    Business: Adv.Anushka Shrestha  for plaintiff present
    CA of plaintiff present.
    Adv. Navnath Tambe For defendant no 1 to 5 present.
    Adv Mahesh Gupta for defendant no 6 present. He sought time to file reply.  Matter is posted directly for NM hearing instead of posting it for reply of defendant no 6.  Therefore, matter is posted for reply of def no 6 of 253/19
    Matter is adj to 5.10.2019 for reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 05-10-2019
    
    Date: 05-10-2019
    Business: Plaintiff no 2 present.
    Adv.Sayyed Yasmin for defendant no 6 present.
    Adjd. to 8.11.2019 for  NM reply and rejoinder.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 08-11-2019
    
    Date: 08-11-2019
    Business: Adv. Anuksha Shreshta for plaintiff present.
    Adv. Mahesh Gupta for defendant no 6 present.
    Reply filed by defendant no 6 to NM 253/19. t.o.r.
    Copy given to other side.
    Adjourned for NM hearing to 30.11.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-11-2019
    
    Date: 30-11-2019
    Business: Adv. Anushka Shrestha for plaintiff present.
    Adv. Mahesh Gupta for defendant no 6 present.
    Defendant no 1 to 5 and their advocate absent.
    In the interest of justice and fair trial matter is adjourned as last chance for hearing.
    Adjourned for hearing to 20.12.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-12-2019
    
    Date: 20-12-2019
    Business: CA of plaintiff present.
    Adv. Tambade for defendant no 1 to 5 present.
    Adv. Sayyed Yasmin for defendant no 6 present.
    Plaintiff sought adjournment  Granted.
    Adjourned to 24.01.2020 for hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-01-2020
    
    Date: 24-01-2020
    Business: Adv. Anushka Shrestha for plaintiff present.
    Adv. Tambade for defendant No 1 to 5 present.
    CA of defendant No 1 to 3 and 5 present.
    Defendant No. 4 present.
    Adv. for defendant No. 1 to 5 sought time.
    O- Granted as last chance.
    Adjourned for hearing to 13.02.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-02-2020
    
    Date: 13-02-2020
    Business: Adv. Anushka Shrestha for plaintiff is present.
    Adv. Tambde for defendant nos.1 to 5 is present.
    Adv. Mahesh Gupta for defendant no.6 is present.
    Adv. for defendant nos.1 to 5 seeks time for hearing.
    Already two last chances were granted to advocate for defendant nos.1 to 5. Hence adjd is granted subject to cost of Rs.500/- to be paid  the plaintiff. Cost of Rs.500/- is paid to the CA of plaintiff.
    Matter stands Adj on 29.02.2020 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-02-2020
    
    Date: 29-02-2020
    Business: Adv. Anushka Shreshta for plaintiff is present.
    Adv. Tambade for defendant nos.1 to 5 is present.
    Adv. Mahesh Gupta for defendant no.6 is present.
    Defendant nos.1 to 5 tendered draft NM for condoning delay in filing WS. Leave granted to register.
    Defendant no.4 is present.
    Copy given to other side.
    Matter stands Adj. for NM reply on 28.03.2020.
    Next Purpose: REPLY
    Next Hearing Date: 28-03-2020
    
    Date: 28-03-2020
    Business: adjourned
    Next Purpose: REPLY
    Next Hearing Date: 09-04-2020
    
    Date: 28-03-2020
    Business: adjourned
    Next Purpose: REPLY
    Next Hearing Date: 09-04-2020
    
    Date: 09-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPLY
    Next Hearing Date: 21-04-2020
    
    Date: 09-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPLY
    Next Hearing Date: 21-04-2020
    
    Date: 21-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPLY
    Next Hearing Date: 01-06-2020
    
    Date: 21-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPLY
    Next Hearing Date: 01-06-2020
    
    Date: 01-06-2020
    Business: National Lockdown
    Next Purpose: REPLY
    Next Hearing Date: 18-06-2020
    
    Date: 01-06-2020
    Business: National Lockdown
    Next Purpose: REPLY
    Next Hearing Date: 18-06-2020
    
    Date: 18-06-2020
    Next Purpose: REPLY
    Next Hearing Date: 22-09-2020
    
    Date: 22-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPLY
    Next Hearing Date: 12-11-2020
    
    Date: 22-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPLY
    Next Hearing Date: 12-11-2020
    
    Date: 12-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPLY
    Next Hearing Date: 12-01-2021
    
    Date: 12-01-2021
    Business: Adv Mahesh Gupta for deft no. 6 present.
    Matter stands Adj for NM Reply to 24/02/2021.
    Next Purpose: REPLY
    Next Hearing Date: 24-02-2021
    
    Date: 24-02-2021
    Business: Plff and her Adv absent.
    Adv Mahesh Gupta for deft no. 6 present.
    Matter stands Adj for NM Hearing to 30/03/2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-03-2021
    
    Date: 30-03-2021
    Business: Adv Anushka Shreshta for plff present.
    Adv Mahesh Gupta for deft no. 6 present.
    Matter stands Adj for NM Hearing to 05/05/2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-05-2021
    
    Date: 05-05-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-07-2021
    
    Date: 15-07-2021
    Business: Due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-09-2021
    
    Date: 01-09-2021
    Business: Adv Sadhika Naik for plff present.
    None for deft.
    Matter stands Adj for NM Hearing to 25/10/2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-10-2021
    
    Date: 25-10-2021
    Business: Adv Anushka Shreshtha for plff present.
    Adv Navnath Tambade for deft no. 1 to 5 present.
    Adv Mahesh Gupta for deft no. 6 present.
    Heard Adv for plff and defts on NM 253/2019.  It is for providing police protection to remove material kept by deft no. 1 to 5 in the suit premises.
    Both parties are claiming that they are in possession of suit premises.  Adv for deft no. 1 to 5 denied that any materials kept in suit premises.
    Perused the Notice of Motion.  Though it is mentioned in the Notice of Motion that deft no. 1 to 5 kept some materials in the suit premises.
    However no description of the said materials is given in affidavit of support of notice of motion.  Plff filed on record photographs in support of notice of motion.  However from photographs also it does not reveals that any material are kept by deft no. 1 to 5.
    Under the circumstances, blanket order cannot be granted to provide police protection.  At this stage, Adv for plff submitted that she will file additional affidavit in support of notice of motion.  Present notice of motion is pending since 2019.
    Under the circumstances, I do not find any substance in the contention of Adv for plff.
    Hence Notice of motion 259/2019 is dismissed and disposed of.
    Nature Of Disposal: DISMISSED
    Disposal Date: 25-10-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 100674/2019
    Filing Date: 17-01-2019
    First Hearing Date: 15th February 2019
    Decision Date: 25th October 2021
    Court Number And Judge: 2-COURT 02 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    25 Oct 2021

    Order Details: Notice of Motion Pdf Text: 25.10.2021 37 CORAM : HIS HONOUR JUDGE SHRI. S. T. SOOR (C. R. No. 2) SU 1480/2017 @ NM 253/2019 Adv Anushka Shreshtha for plff present. Adv Navnath Tambade for deft no. 1 to 5 present. Adv Mahesh Gupta for deft no. 6 present. Heard Adv for plff and defts on NM 253/2019. It is for providing police protection to remove material kept by deft no. 1 to 5 in the suit premises.…

    Read Full Order

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