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NOTICE OF MOTION

Diamond Hill Co-Operative Hsg. Soc. Ltd.VsM/s M.K.Realty through its Partners Kunal Pankaj Rawal and Manoj B. Vora

CNR MHCC01000654202015-COURT 15 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 06th March 2026

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100269/2020
Registration Date
16 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: 27-01-2020
    Business: Adv. Sagar Batavre for plaintiff present and tendered original registered C/S No. 82/20 along with affidavit in support.He has also and tendered original registered NM Nos. 269/20,270/20,271/20 along with affidavit in support.
    Adv.  Chaudhari   for defendant present and tendered affidavit in reply to C/S no. 82/20 and also tendered reply to  NM No. 269/20,270/20,271/20. Copies served to other side.
    Order on C/S No. 82/20 -
               By instant C/S the plaintiff wants to correct error in the cost title whereby the name of defendant is mentioned as M.K. Realty  instead of K. M. Realty . It does not changed nature of suit. Therefore, C/S is allowed in terms of prayer clause (b). Amendment be carried out in plaint on or before next date.
    Adjd to 06-02-2020  for NM rejoinder .
    Next Purpose: REJOINDER
    Next Hearing Date: 06-02-2020
    
    Date: 06-02-2020
    Reason For Adjournment: court time is over
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 03-03-2020
    
    Date: 03-03-2020
    Business: Adv. Sana Khan  for plaintiff present.
    Adv. Bipin Joshi  for defendant present and tendered affidavit in reply to NM No. 200/20. Copy served to other side.
    Earlier order, if any, to continue till next date.
    Adjd to 26-03-2020 for NM Hearing .
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-03-2020
    
    Date: 26-03-2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-04-2020
    
    Date: 07-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-04-2020
    
    Date: 18-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-05-2020
    
    Date: 29-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-06-2020
    
    Date: 16-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-07-2020
    
    Date: 09-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-08-2020
    
    Date: 04-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-09-2020
    
    Date: 03-09-2020
    Business: Adv. Nuzhat Ansari H/f Adv. Priyanshi Mishra for plaintiff present and submits that settlement talks are going on and requested for date.
    Adv. P.B. Joshi H/f Adv. Bipin Joshi for defendant present.
    By consent, adjourned to 05.10.2020 for NM hearing.
    Earlier order to continue till next date.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-10-2020
    
    Date: 05-10-2020
    Business: Adv. Ms. Muzhad Ansari i/b Adv. Priyanshu Mishra for pltff. present.
    Adv. Mr. Bipin Joshi for defendant present.
    Ld. Adv. for plaintiff submits that settlement talks are going on between both the parties and requests time. Time granted.
    Adjourned to 21.10.2020 for NM hearing.
    Earlier order to continue till next date.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-10-2020
    
    Date: 21-10-2020
    Business: Adv. Sagar Bataviya i/b Priyanshu Mishra for plaintiff present.
    Adv. P. B. Joshi for defendant present.
    At the request of adv. for defendant adjourned to 05.11.2020 for settlement.
    Earlier order, if any, to continue till next date.
    Next Purpose: SETTLEMENT
    Next Hearing Date: 05-11-2020
    
    Date: 05-11-2020
    Business: Adv. Priyanshu Mishra for plaintiff is present.
    Adv. Vedanshi Shah h/f Adv. Bipin Joshi for defendant is present.
    At the request of both the parties, matter adjourned to 24.11.2020 for Settlement.
    Earlier order, if any, to continue till next date.
    Next Purpose: SETTLEMENT
    Next Hearing Date: 24-11-2020
    
    Date: 24-11-2020
    Business: Adv. Priyanshu Mishra for plaintiff present.
    Adv. Mr. Bipin Joshi for defendant is present and submits that settlement is not possible and seeks adjournment.
    Adjourned to 09.12.2020 for NM Hearing.
    Earlier order, if any, to continue till next date.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-12-2020
    
    Date: 09-12-2020
    Business: It is noticed that advocate for plaintiff has already filed rejoinder to Notice of Motion No.269/2020, 270/2020 and 271/2020 in Court Room No.4 on 06.02.2020. But it is remained to be mentioned in the Roznama.
    Advocate for defendant filed affidavit in reply on 03.03.2020 in N/M No.200/20 in Court Room No.4. It is also remained to be mentioned in Roznama.
    Adv. Priyanshu Mishra for plaintiff is present.
    Adv. Bipin Joshi for defendant is present.
    Affidavit in rejoinder dt. 14.01.2020 in N/M No.200/20 is marked as Exh.8.
    Further affidavit of plaintiff dt. 17.01.2020 in N/M No.200/20 is marked as Exh.8-A.
    Affidavit in reply of defendant dt. 02.03.2020 in N/M No.200/20 is marked as Exh.8-B.
    Advocate for defendant files additional affidavit dt. 08.12.2020 in N/M 200/20. TOR and marked as Exh.8-C.
    Reply of defendant dt. 14.01.2020 in N/M No.269/20 is marked as Exh.9.
    Affidavit of rejoinder of plaintiff dt. 06.02.2020 in N/M No.269/20 is marked as Exh.9-A.
    Reply of defendant dt. 27.01.2020 in N/M No.270/20 is marked as Exh.10.
    Affidavit of rejoinder of plaintiff dt. 06.02.2020 in N/M No.270/20 is marked as Exh.10-A.
    Reply of defendant dt. 27.01.2020 in N/M No.271/20 is marked as Exh.11.
    Affidavit of rejoinder of plaintiff dt. 06.02.2020 in N/M No.271/20 is marked as Exh.11-A.
    Adjourned to 16.12.2020 for NM Hearing.
    Earlier order, if any, to continue till next date.
    L.O.
    Advocate for plaintiff files affidavit in rejoinder dt. 16.07.2020 in N/M No. 200/20. TOR and marked as Exh.8-D.
    Copy of rejoinder be served to advocate for defendant.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-12-2020
    
    Date: 16-12-2020
    Business: Adv. Priyanshu Mishra for plaintiff is present.
    Adv. Bipin Joshi for defendant is present.
    Ld. counsel for plaintiff submits that the plaintiffs have instructed him that they would engage another advocate in the matter. He thus seeks time.
    Ld. counsel for defendant submits that since the interim orders are running against him, his entire project is held up.
    In such circumstances by way of last opportunity, matter is adjourned to 18.12.2020 for NM Hearing at 11.00 am.
    Earlier order, if any, to continue till next date.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-12-2020
    
    Date: 18-12-2020
    Business: None present for plaintiff.
    Ld. senior counsel Mr. Vijaysingh Thorat a/w Adv. Bipin Joshi, Adv. Sandeep Sharma and Adv. Sahil Ansari for defendant present.
    Ld. senior counsel for the defendant submits that the matter was specifically fixed today for hearing as and by way of last opportunity. Specifically so, because interim order was running against the defendant since January, 2020 and the entire project was held up. Since nobody is appearing for the plaintiff there would be no question of continuing the interim relief which is continued by way of previous order until today.
    Adjourned to 14.01.2021 for NM Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-01-2021
    
    Date: 14-01-2021
    Business: Adv. Gaurav Shah a/w Adv. Ashish Mishra i/b Adv. Sanjeet Shukla for plaintiff present.
    Adv. Bipin Joshi for defendant is present.
    Adv. Kaustubh Thipsay i/b Adv. Sana Shaikh for applicant in Chamber Summons is present.
    Advocate for applicant files registered chamber summons no.776/20.
    Parties in suit seeks time to file reply to CS.
    Advocate for defendant files draft notice of motion for rejection of plaintiffs suit under Order VII Rule 11 of the CPC, 1908.
    Leave is granted to register notice of motion.
    Heard both the sides.
    Parties agreed that all pending interim proceeding can be heard together on next date. Parties to complete the pleadings in all those proceedings before the next date. Also in the meanwhile plaintiff  agrees to place the proposal of the developer before the general body meeting in terms of prayer clause (b) of the chamber summons no.776/20 of the applicant and place the resolution before the court on next date.
    In this view of the matter applicant has no objection for disposing off the chamber summons.
    Chamber Summons No.776/20 is accordingly disposed off.
    Plaintiff would be entitled to place a board on the site of construction regarding the pendency of the present litigations.
    Adjourned to 16.02.2021 for Reply to NM/Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-02-2021
    
    Date: 16-02-2021
    Business: Ld. counsel Mr. Gauraj Shah a/w Adv. Ashish Mishra i/b Adv. Sanjeet Shukla for plaintiff present.
    Ld. counsel Mr. Bipin Joshi a/w Ld. counsel Mr. V. A. Thorat and Adv. Sandeep Sharma for defendant present and tendered original registered Notice of Motion No.226 of 2021.
    Ld counsel for appellant submits that since the main motion is being taken for consideration, he would not be pressing NM No.200/20 and NM No.271/20. It is accordingly disposed off.
    Partly heard Ld. counsel Mr. Gauraj Shah for plaintiff and Ld. counsel Mr. V. A. Thorat for defendant on notice of motions.
    Adjourned to 26.02.2021 for further arguments.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-02-2021
    
    Date: 26-02-2021
    Business: Ld. counsel Mr. Gauraj Shah i/b Adv. Sanjeet Shukla for plaintiff present.
    Ld. counsel Mr. Bipin Joshi for defendant is present.
    By consent, adjourned to 05.03.2021 for NM Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-03-2021
    
    Date: 05-03-2021
    Business: Ld. counsel Mr. Gauraj Shah a/w Adv. Ashish Mishra and Adv. Sanjeet Shukla for plaintiff present.
    Ld. counsel Mr. Bipin Joshi for defendant is present.
    Advocate for plaintiff files reply to notice of motion No.226/2021. Taken on record.
    Ld. counsel Mr. Gauraj Shah for plaintiff concludes his arguments on NM No.4973/19.
    Ld. counsel for plaintiff files list of judgments. TOR and marked as Exh.15.
    Adjourned to 20.03.2021 for NM Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-03-2021
    
    Date: 20-03-2021
    Business: None present for plaintiff.
    Ld. counsel Mr. Bipin Joshi for defendant is present.
    Ld. counsel for defendant seeks time. Also since nobody appears for plaintiff, matter adjourned to 03.04.2021 for NM Hearing.
    L.O.
    Adv. Ashish Mishra i/b Adv. Sanjeet Shukla for plaintiff is present.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-04-2021
    
    Date: 03-04-2021
    Business: Ld. counsel Mr. Gauraj Shah a/w Adv. Sanjeet Shukla for plaintiff present.
    Adv. P. B. Joshi h/f Ld. counsel Mr. Bipin Joshi for defendant is present.
    It is submitted that Ld. counsel for defendant is infected with Covid.
    Adjourned to 22.04.2021 for NM Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-04-2021
    
    Date: 22-04-2021
    Business: COURT IS ON LEAVE TODAY.
    Adv. Ms. Kainat Rakhangi h/f Adv. Priyanshu Mishra for plaintiff present.
    Adv. P.B. Joshi h/f Adv. Bipin Joshi for defendant present.
    Adjd. to 05/05/2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-05-2021
    
    Date: 05-05-2021
    Business: Adv. Mr. Sanjeet Shukla for the plaintiff present.
    None present for the defendants.
    Adjd to 16.06.2021 for N/M Hearing
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-06-2021
    
    Date: 16-06-2021
    Business: Adv. Sanjeet Shukla for plaintiff is present.
    Ld. counsel Mr. P. D. Gandhy a/w Adv. Laxman Shahpur and Adv. Hardik i/b Adv. Bipin Joshi for defendant no.1 present.
    Adv. Kainat Rakhakji h/f Adv. Sana Shaikh for intervenor is present.
    By consent, adjourned to 18.06.2021 for NM Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-06-2021
    
    Date: 18-06-2021
    Business: Adv. Ashish Mishra a/w Vishnu Mishra i/b Adv. Sanjeet Shukla for plaintiff present.
    Adv. Hardik Desai i/b Counsel P. D. Gandhi and Associates for respondent present.
    By consent, matter adjourned to 12.07.2021 for NM Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-07-2021
    
    Date: 12-07-2021
    Business: None present for plaintiff.
    Adv. Hardik Desai i/b M/s. P. D. Gandhi and Associates for defendants is present.
    Adjourned to 23.07.2021 for NM Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-07-2021
    
    Date: 23-07-2021
    Business: None present for the plaintiff.
    Adv. Mr. Laxman Shahapur h/f. Adv. Mr. Bipin Joshi for the  defendant is present.
    At the request of Ld. Counsel for respondent, adjourned to 04.08.2021 for N/M Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-08-2021
    
    Date: 04-08-2021
    Business: None present for plaintiff.
    Ld. counsel Mr. P. D. Gandhy a/w Adv. Hardik Desai for defendant  present.
    Since nobody appears for plaintiff, by way of last opportunity matter adjourned to 25.08.2021 for NM Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-08-2021
    
    Date: 25-08-2021
    Business: Matter called out at 03.10 p.m.
    Adv. Ashish Mishra for plaintiff present.
    Adv. Pradeep Gandhy for defendant present.
    At the request of plaintiff,
    Matter stands adjourned to 01.09.2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-09-2021
    
    Date: 01-09-2021
    Business: Matter called out at 04.30 p.m.
    Adv. for plaintiff present.
    Adv. Pradeep Gandhy for defendant present.
    kept back
    Later on 05.05 p.m.
    Adv. Gauraj Shah a/w Ashish Mishra & Vishnu Mishra I/b Sanjeet Shukla for plaintiff.
    Adv. Pradeep Gandhy I/b Adv. Bipin Joshi for defendant present.
    Matter stands adjourned to 02.09.2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-09-2021
    
    Date: 02-09-2021
    Business: Matter called out at 04.39 p.m.
    Adv. Adv. Gauraj Shah a/w Vishnu Mishra I/b Sanjeet Shukla for plaintiff present.
    Adv. Bipin Joshi a/w Laxman Shahpur for defendants present.
    Matter stands adjourned to 04.10.2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-10-2021
    
    Date: 04-10-2021
    Business: Matter called out at 4.06 p.m.
    Adv. Gauraj Shah a/w Vishnu Mishra I/b Sanjeet Shukla for plaintiff present
    Adv. Pradeep Gandhy for defendant present.
    As court is busy in hearing final arguments in SU No.726/09. Hence,
    matter stands adjourned to 12.11.2021 for NM hearing.
    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: 01-12-2021
    
    Date: 01-12-2021
    Business: Matter called out at 3.31 p.m.
    Adv. Gauraj Shah a/w Vishnu Mishra I/b Sanjeet Shukla for plaintiff present.
    Adv. Pradeep Gandhy for defendant present.
    Matter stands adjourned to 07.01.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-01-2022
    
    Date: 07-01-2022
    Business: Matter called out at 5.11 p.m.
    Adv. Satyam Dubey I/b Sangeet Shukla for plaintiff present.
    Adv. Laxman S. a/w Sakshi Agarwal for defendant present.
    Both the advocates are ready to argue matter by way of physical appearance.
    Plaintiff is seeking time. Time granted.
    Matter stands adjourned to 19.01.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-01-2022
    
    Date: 19-01-2022
    Business: Matter called out at 2.42 pm
    None for plaintiff.
    Adv. Rohit Mishra for defendant present.
    Matter stands adjourned to 21.02.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-02-2022
    
    Date: 21-02-2022
    Business: Matter called out at 3.21 p.m.
    Adv. Vishnu Mishra for plaintiff present. He is seeking time on the ground that arguing counsel is not available. Time granted by way of last chance.
    In the event of failure to proceed with the motion, this court will proceed on the basis of pleadings of the parties.
    Adv. Hardik a/w Laxman R. S. I/b Bipin Joshi for defendant present.
    Matter stands adjourned to 14.03.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-03-2022
    
    Date: 14-03-2022
    Business: Matter called out at 3.59 p.m.
    Adv. Ashish Mishra a/w Adv. Vishnudutt Mishra for plaintiff present. He is seeking time to file reply to NM No.963/22. Time granted by way of last chance.
    Adv. Pradeep Gandhy a/w Adv. Laxman Sahapur for defendant present. He tendered reg. NM No.963/22. TOR.
    Matter stands adjourned to 25.03.2022 for reply.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-03-2022
    
    Date: 25-03-2022
    Business: Matter called out at 3.01 p.m.
    Adv. Vishnudutt Mishra for plaintiff present.
    Adv. Laxman Shahapur I/b Bipin Joshi for Deft. No.1 present.
    Kept back. Later on mentioned at 4.52 p.m.
    Adv. Vishnudutt Mishra for plaintiff present.
    Adv. Pradeep Gandhy Bipin Joshi for Deft. No.1 present. He tendered reply to NM No.963/2022. TOR.
    Adv. Pradeep Gandhy for defendant present. On instructions, he wanted to withdraw the NM No.963/2022.
    O-Allowed to withdraw.
    Part heard.
    Matter stands adjourned to 11.04.2022 for NM Argument (p.h)
    Next Purpose: NM  ARGUMENTS P.H.
    Next Hearing Date: 11-04-2022
    
    Date: 11-04-2022
    Business: Matter called out at 3.34 p.m.
    Adv. Vishnudutt Mishra for plaintiff present.
    Adv. Laxman Shahpur I/b Bipin Joshi for defendant present.
    Matter removed from Part heard caption.
    Matter stands adjourned to 10.06.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-06-2022
    
    Date: 10-06-2022
    Business: Adv. Gauraj Shah for plaintiff present.
    Adv. Pradeep Gandhy a/w Adv. Hardik Desai and Adv. Laxman Shahapur h/f Bipin Joshi for defendant present.
    Matter stands adjourned to 06.07.2022 for NM hearing at 12.30 p.m.
    sharp.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-07-2022
    
    Date: 06-07-2022
    Business: Adv. Ashish Mishra for plaintiff present.
    Adv. Pradeep Gandhy for defendant present.
    By consent, matter stands adjourned to 29.07.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-07-2022
    
    Date: 29-07-2022
    Business: Adv. Pradeep Gandhy a/w Adv. Laxman Shahapur for Deft. no.1 and 2 present.
    None present for plaintiff. NM No.4973/19 is pending since long. Hence, put up for NM No.4973/2019 dismissal order.
    Matter stands adjourned to 19.08.2022 for NM No.4973/2019
    dismissal/hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-08-2022
    
    Date: 19-08-2022
    Business: Adv. Ashish Mishra for plaintiff present.
    Adv. Pradeep Gandhy for defendant present. He tendered written submission on NM No.4973/2019. Copy served to the plaintiff.
    Heard Ld. Advocate for plaintiff on NM No.4973/2019.
    Matter stands adjourned to 03.10.2022 for NM argument (p.h).
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-10-2022
    
    Date: 03-10-2022
    Business: Court is on Leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-11-2022
    
    Date: 04-11-2022
    Business: Adv. Pradeep Gandhy for defendant present.
    None present for plaintiff.
    K.B.
    Later on mentioned at 3.35 p.m.
    Adv. Ashish Mishra for plaintiff present.
    Adv. Pradeep Gandhy for defendant present.
    Heard on NM No.4973/2019.
    Matter stands adjourned to 10.12.2022 for NM Argument (p.h)/
    NM No.4973/2019 orders
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-12-2022
    
    Date: 10-12-2022
    Business: Adv. Vishnu Mishra for plaintiff present.
    Adv. Tejas Shah for defendant present.
    K.B.
    Later on called out at 3.43 p.m.
    Adv. Vishnu Mishra for plaintiff present.
    Adv. Tejas Shah for defendant present.
    Plaintiff is seeking time. Time granted.
    Matter stands adjourned to 14.12.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-12-2022
    
    Date: 14-12-2022
    Business: Adv. Pradeep Ghandy for defendant present.
    Inadvertently matter fixed today, matter stands adjourned to 04.01.2023.
    At 4.52 p.m. Adv. Vishnu Mishra for plaintiff present.
    Adjourned to 04.01.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-01-2023
    
    Date: 04-01-2023
    Business: Adv. Vishnu Mishra for plaintiff present.
    Adv. Hardik Desai for defendant present and tendered pursis, TOR. Exh.16
    Matter stands adjourned on 07/02/2023 for further hrg./ order
    on N/M No.4973/2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-02-2023
    
    Date: 07-02-2023
    Business: Court is on Leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-02-2023
    
    Date: 22-02-2023
    Business: Adv. Ashish Mishra for plaintiff present.
    Adv. Pradeep Gandhy for defendant present.
    K.B.
    Later on at 5.36 p.m.
    FRSR following order is passed in NM No.4973/2019.
    ORDER
    1. Notice of Motion No.4973/2019 in S. C. Suit No.17/2020, is disposed off as follows.
    2. Ad-interim order dated 08/01/2020 in notice of motion No.4973/2019 stands confirmed till the pendency of the suit.
    3. Notice of Motion disposed off accordingly.
    Matter stands adjourned on 24.03.2023 for hearing of NM 269/2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-03-2023
    
    Date: 24-03-2023
    Business: Adv. Ajit Mishra for plaintiff present. He is seeking time. Time granted.
    Adv. R. K. Mishra I/b Adv. Vipin Joshi for defendant present.
    Matter stands adjourned on 07.06.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-06-2023
    
    Date: 07-06-2023
    Business: Adv Ashish Mishra for plaintiff present.
    Adv Sidhant Singh h/f Adv Bipin Joshi for defendant present.
    Adv for Plaintiff sought time for hearing on NM. Time granted.
    Matter stands adjourned on  31-07-2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 31-07-2023
    
    Date: 31-07-2023
    Business: Adv Ashish Mishra for Plaintiff present and seeks time to argue the NM. Time granted as last chance.
    Adv Rohit Mishra  for defendant present.
    Matter stands adjourned on  10-10-2023 NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-10-2023
    
    Date: 10-10-2023
    Business: Court is on Leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-12-2023
    
    Date: 11-12-2023
    Business: Advocate Vishnu Mishra present for Plaintiff and seeks time. Order - Time granted.
    None present for Defendant.
    Matter stands adjourned on 01-03-2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-03-2024
    
    Date: 01-03-2024
    Business: IN THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO. 61
    None for  plaintiff.
    Adv. Kartikey Mishra for defendant present.
    Due to formation of new court and cahnge of assigment matter is adjourned.
    Matter adjourned for  NM hearing to 23-04-2024
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-04-2024
    
    Date: 23-04-2024
    Business: IN THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO. 61
    None for  plaintiff.
    Adv. Srishti Dubey for defendant present.
    Last chance granted to NM hearing.
    Matter adjourned for NM hearing to 20-06-2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-06-2024
    
    Date: 20-06-2024
    Business: The P.O. is on leave
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-08-2024
    
    Date: 29-08-2024
    Business: IN THE COURT OF H.H.J. R. D. DESHPANDE JUDGE CITY CIVIL COURT C.R. NO. 61
    Adv. Ashish Mishra for plaintiff is present.
    Adv. Akshta Pawar h/f Pramod Kumar and Co. for defendant is present and filed VP. TOR and marked as Exh.17. O-Filed.
    Matter adjourned for NM hearing to 21-11-2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-11-2024
    
    Date: 21-11-2024
    Business: The P.O. is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-12-2024
    
    Date: 13-12-2024
    Business: Adv. V. R. Mishra for plaintiff is present and seeks time.
    Adv. Akshata Pawar for defendant is present and has no objection.
    Matter adjourned for NM hearing to 28.01.2025.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-01-2025
    
    Date: 28-01-2025
    Business: Adv. Vishnu Mishra h/f Adv. Sanjeet Shukla for plaintiff is present. He seeks time. Other side has no objection.
    Adv. Akshata Pawar i/b Pramodkumar and Company for defendant is present.
    Matter adjourned for NM hearing to 21.04.2025.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-04-2025
    
    Date: 21-04-2025
    Business: None for plaintiff.
    Adv. Akshata Pawar for defendants No.1 and 2 is present.
    Matter adjourned for NM hearing to 27.06.2025.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-06-2025
    
    Date: 27-06-2025
    Business: Adv. Ashish Mishra for plaintiff is present. He request for adjournment. Time is granted.
    None for defendant.
    Matter adjourned for NM hearing to 23.09.2025.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-09-2025
    
    Date: 23-09-2025
    Business: None for plaintiff.
    Adv. Akshata Pawar for defendants No.1 and 2 is present and filed pursis a/w order passed by Honble High Court and Apex Court. TOR. Marked as Exh-17. She sought time to file WS. O- Granted.
    Matter adjourned for filing WS and hearing on NM to 06.10.2025.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-10-2025
    
    Date: 06-10-2025
    Business: IN THE COURT OF H.H.J. A. C. DAGA JUDGE CITY CIVIL COURT C.R. NO. 61
    None for plaintiff is present.
    Adv. Akshata Pawar for defendants No.1 and 2 is present and filed WS. TOR. Marked as Exh-18. She has submitted that copy is already served upon Adv. For plaintiff by e-mail.
    Matter adjourned for hearing on all NMs to 17.11.2025.
    Later on at 3.32 p.m.
    Adv. Sanjeet Shukla for plaintiff is present.
    Matter adjourned for hearing on all NMs to 17.11.2025.
                                                                                     Judge
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-11-2025
    
    Date: 17-11-2025
    Business: The Court is on leave
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-11-2025
    
    Date: 20-11-2025
    Business: IN THE COURT OF H.H.J. A. C. DAGA JUDGE CITY CIVIL COURT C.R. NO. 61
    NOB TOB
    Considering the Writ received from Honble Apex Court , Additional WS if any is to be filed within 2 weeks from the receipt of the orders. As such matter is preponed and kept on 02.12.2025.
    Matter adjourned for additional WS/ NM hearing to 02.12.2025.
                                                                                     Judge
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-12-2025
    
    Date: 02-12-2025
    Business: IN THE COURT OF H.H.J. A. C. DAGA JUDGE CITY CIVIL COURT C.R. NO. 61
    Adv. Vishnu Mishra for plaintiff is present.
    None for defendant.
    K.B.
    Later on at 03.48 p.m.
    Adv. Gauraj Shah a/w Adv. Vishnudutt Mishra for plaintiff is present
    None for defendant.
    Defendants have not filed additional WS, as such matter is kept for hearing on all the NMs.
    Matter adjourned for hearing on all NMs to 18.12.2025.
                                                                              Judge
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-12-2025
    
    Date: 18-12-2025
    Business: IN THE COURT OF H.H.J. A. C. DAGA JUDGE CITY CIVIL COURT C.R. NO. 61
    None for plaintiff.
    None for defendant.
    K.B.
    Later on at 3.10 p.m.
    None for plaintiff.
    Adv. Janhavee Joshi a/w Adv. Maulik Vora for defendant is present.
    Heard arguments of Adv. Janhavee Joshi for defendant in NM No.226/21.
    Matter adjourned for order in NM No.226/2021 to 07.01.2026.
    Later on at 5.00p.m.
    Adv. Gauraj Shah a/w Adv. Ashish Mishra, Adv. Vishnudutt Mishra amd Adv. Tushar Ambekar i/b Adv. Sanjeet Shokla for plaintiff is present.
    Heard arguments of Adv. Gauraj Shah for plaintiff in NM No.226/21.
    Matter adjourned for order in NM No.226/2021 to 07.01.2026.
                                                                                     Judge
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-01-2026
    
    Date: 07-01-2026
    Business: Adv. Ashish Mishra for plaintiff present.
    Adv. Janhavi Joshi for defendant present.
    F.R.S.R. following order is passed in NM No. 226/2021
    ORDER
    1. Instant Notice of Motion is rejected.
    2. Accordingly, Notice of Motion No. 226/2021 stands disposed off.
    Matter is adjourned to 19.01.2026 for Hearing on both NMs.
    Next Purpose: S.CT.H.CT. TIME BOUND
    Next Hearing Date: 19-01-2026
    
    Date: 19-01-2026
    Business: CORAM : H.H.J. SHRI. A. C. DAGA (C.R. NO.62)
    Adv. Gauraj Shah a/w Adv. Ashish Mishra and Vishnudutt Mishra i/b Sanjeet Shukla for plaintiff present.
    Adv. Janhavee Joshi a/w Adv. M. P. Vora i/b Pramodkumar and Co. for defendant present.
    Kept Back.
    Later on at 04.00 pm
    Adv. Gauraj Shah a/w Adv. Ashish Mishra and Vishnudutt Mishra i/b Sanjeet Shukla for plaintiff present.
    Adv. Janhavee Joshi a/w Adv. M. P. Vora i/b Pramodkumar and Co. for defendant present.
    Heard advocate for plaintiff and defendant on NM no. 269/2020 and NM no. 270/2020
    Matter is adjourned to 18.02.2026 for NM order on both motions.
    Next Purpose: S.CT.H.CT. TIME BOUND
    Next Hearing Date: 18-02-2026
    
    Date: 18-02-2026
    Business: CORAM : H.H.J. SHRI. N. V. JIWANE (C.R. NO.62)
    Adv. Tushar Amberkar for plaintiff present.
    Adv. M. P. Vora for defendant present.
    Kept Back.
    Later on at 03.15 pm
    Adv. Ashish Mishra for plaintiff present.
    Adv. M. P. Vora for defendant present.
    Ld. advocate for plaintiff seek time to argue on NM.
    Matter is adjourned to 24.02.2026 for NM hearing at 11.00 am.
    Next Purpose: S.CT.H.CT. TIME BOUND
    Next Hearing Date: 24-02-2026
    
    Date: 24-02-2026
    Business: CORAM : H.H.J. SHRI. N. V. JIWANE (C.R. NO.62)
    Adv. Vishnudutt Mishra for plaintiff present.
    Adv. M. P. Vora for defendant present.
    Ld. advocate for plaintiff seek time to argue both the notice of motions. On 18/02/2026 the matter was adjourned at the request of plaintiff and the date was given as per the convenience of the plaintiff. But today also plaintiff is seeking time to argue both the notice of motion. The matter is already time bound by the Hon’ble Supreme Court. Though the matter is Hon’ble Supreme Court time bound, inspite of it the plaintiff is seeking adjournments time and again. To give one strict last opportunity to plaintiff to argue the matter, matter is adjourned till tomorrow.
    Matter is adjourned to 25.02.2026 for NM Hearing at 11.00 am.
    Next Purpose: S.CT.H.CT. TIME BOUND
    Next Hearing Date: 25-02-2026
    
    Date: 25-02-2026
    Business: CORAM : H.H.J. SHRI. N. V. JIWANE (C.R. NO.62)
    Adv. Vishnudutt Mishra for plaintiff present and filed adjournment application. It is taken on record and marked as Exh.20. O- Other side to say.
    Adv. M. P. Vora for defendant present.
    Ld. advocate for defendant filed say on Exh.20 overleaf.
    Order below Exh.20
    Ld. advocate for plaintiff filed adjournment application on the ground that the arguing counsel is busy before the Hon’ble Aurangabad High Court and not in a position to attend the Court and argue both the notice of motions taken out by the plaintiff. Plaintiff prayed for adjourning the matter till friday.
    The application is strongly opposed by Ld. Advocate for defendants. It is the contention of the defendant that when the matter was posted yesterday for argument of plaintiff, on the same ground adjournment was sought and the same was granted strictly as last chance by the Court. He submitted to reject the application.
    Heard both the sides. Perused record. It is noteworthy to mention here that the matter is already timebound by the order of Hon’ble Supreme Court. The matter was posted before this court on 18/02/2026 and at the convenience of plaintiff the matter was adjourned to 24/02/2026. On the posted date the plaintiff sought the adjournment on theground that arguing counsel is busy before the Hon’ble High Court at Aurangabad and as per the convenience of plaintiff himself the matter is posted today for arguments. But today also Ld. Advocate for plaintiff sought adjournment on the same ground. While granting adjournment yesterday, it was the submission of plaintiff that the argument will be conducted today itself. But inspite of granting adjournment strictly as last chance, plaintiff again sought adjournment. The matter is already Supreme Court Time Bound and needs to be decided within the time granted by the Hon’ble Supreme Court. But due to non-cooperation of plaintiff the matter could not be heard today. Looking to the reason and to decide the motions on merit one more opportunity is granted to plaintiff to argue notice of motions subject to costs of Rs.5,000/- to be paid to defendants.
    Matter is adjourned to 27.02.2026 for NM hearing at 11.00 am.
    Next Purpose: S.CT.H.CT. TIME BOUND
    Next Hearing Date: 27-02-2026
    
    Date: 27-02-2026
    Business: Adv. Sanjit Shukla a/w. Adv. Gauraj Shah a/w. Adv. Ashish Mishra a/w. Adv. Vishnudatta Mishra a/w. Adv. Tushar Amberkar for plaintiff present.
    Adv. Parshurampuria a/w. Adv. M. P. Vora for defendant present.
    Both the ld. Advocates argued on Nm NO. 269/20 and NM NO. 270/20.
    Matter is adjourned to 04-03-2026 for Order in NM No.269/20 and NM No. 270/20.
    Next Purpose: S.CT.H.CT. TIME BOUND
    Next Hearing Date: 04-03-2026
    
    Date: 04-03-2026
    Business: CORAM - H. H. J. SHRI NITIN V. JIWANE - C.R. NO. 15
    At 11.16 AM
    Adv. Gauraj Shah a/w. Adv. Ashish Mishra a/w. Adv. Vishnudatta Mishra a/w. Adv. Tushar Amberkar i/b Adv. Sanjit Shulka for plaintiff present.
    None for defendant.
    KB/LO at 05.10 pm.
    Adv. M.P. Vora for defendant present.
    Adv. Gauraj Shah a/w. Adv. Ashish Mishra a/w. Adv. Vishnudatta Mishra a/w. Adv. Tushar Amberkar i/b Adv. Sanjit Shulka for plaintiff present.
    As the Court was busy in recording evidence in Spl. ACB Case 789/2022, Spl. ACB Case 4/2019 and Spl. ACB Case 77/2018, the order is partly dictated in NM no. 270/2020. As the Court time is over, the matter is adjourned till tomorrow for further dictation.
    Matter is adjourned to 05.03.2026 for S.CT.H.CT. TIME BOUND.
    Next Purpose: S.CT.H.CT. TIME BOUND
    Next Hearing Date: 05-03-2026
    
    Date: 05-03-2026
    Business: CORAM - H. H. J. SHRI NITIN V. JIWANE - C.R. NO. 15
    At 11.23 AM
    None present.
    KB/LO at 04.00 pm.
    Adv. Ashish Mishra i/b Adv. Sanjeet Shukla for plaintiff present.
    Court is busy in Recording evidence in Spl. Case ACB 4/2019 and Spl. Case 13/2019 and hearing argument in Suit No. 9004/1994 and Suit no. 8780/1994 till 05.50 pm. As Court time is over and therefore, could not complete dictation. Hence, adjourned till tomorrow.
    Matter is adjourned to 06.03.2026 for order.
    Next Purpose: S.CT.H.CT. TIME BOUND
    Next Hearing Date: 06-03-2026
    
    Date: 06-03-2026
    Business: CORAM - H. H. J. SHRI. NITIN V. JIWANE - C.R. NO. 15
    At 11.15 AM
    None present.
    KB/LO at 05.00 pm.
    None present.
    F.R.S.R. following order is passed on NM No.269/2020 :-
    ORDER
        i. Notice of Motion No.269 of 2020 in Suit No.17 of 2020 is 	dismissed.
        ii. Notice of Motion No.269 of 2020 is disposed of.
    F.R.S.R. following order is passed on NM No.270/2020 :-
    ORDER
        iii. Notice of Motion No.270 of 2020 in Suit No.17 of 2020 is 	dismissed.
        iv. Notice of Motion No.270 of 2020 is disposed of.
    Matter is adjourned to 09.03.2026 for draft issues.
    Nature Of Disposal: DISMISSED
    Disposal Date: 06-03-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 100716/2020
    Filing Date: 16-01-2020
    First Hearing Date: 27th January 2020
    Decision Date: 06th March 2026
    Court Number And Judge: 15-COURT 15  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    06 Mar 2026

    Order Details: Notice of Motion Pdf Text: MHCC010006542020 Presented on 16.01.2020 Registered on 16.01.2020 Decided on 06.03.2026 Duration 06Y 01M 21D IN THE BOMBAY CITY CIVIL COURT, AT BOMBAY NOTICE OF MOTION NO.269 OF 2020 IN SUIT NO.17 OF 2020 Diamond Hill Co-operative Hsg. Soc. Ltd. …. Plaintiffs Versus M/s. K. M. Realty …. Defendants CORAM : HIS HONOUR JUDGE N.V. JIWANE C.R.NO.. : 15 DATE : 06.03.2026 ---------------------------------------------------------------------------------------------- Adv. Sanjit Shukla a/w Adv. Gauraj Shah a/w Adv. Ashish Mishra…

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