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NOTICE OF MOTION

Gajanan Raghunath JoshiVsNiranjan Gajanan Joshi and Anr.

CNR MHCC0100066520209-COURT 09 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 31st March 2021

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100277/2020
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: 25-02-2020
    Reason For Adjournment: court time is over
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 07-03-2020
    
    Date: 07-03-2020
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-04-2020
    
    Date: 02-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-04-2020
    
    Date: 24-04-2020
    Business: National Lock down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-06-2020
    
    Date: 04-06-2020
    Business: Case is adjd.to 22.06.20 in view of extension of Lockdown period as per office order no.83/20 dtd.01.06.20
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-06-2020
    
    Date: 22-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-08-2020
    
    Date: 19-08-2020
    Business: Due to covid-19 pandemic and lockdown
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-10-2020
    
    Date: 08-10-2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-01-2021
    
    Date: 08-01-2021
    Business: None present for Plaintiff/s.
    None present for Defendant/s.
    As nobody is present for both the parties, considering the present pandemic condition, matter is adjd.for Notice of Motion hearing to  24.03.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-02-2021
    
    Date: 22-02-2021
    Business: By preceipe.
    Adv Mr. M.R. Yadav h/f Adv Mr. Jaywant for plff present and requested to prepone the date for NM hearing by submitting that plff is presently aged 89 years  and plff is coming to Mumbai in next few days for treatment purposes.
    Deft Niranjan Joshi is present in person and filed copy of his AADHAR card as his ID proof.
    He has submitted that his advocate is unable to attend the Court today but he has no objection to prepone the date.
    By consent, date given earlier as 24.03.2021 is preponed to 05.03.2021 at 2.45 p.m.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-03-2021
    
    Date: 05-03-2021
    Business: Adv Mr. N.D. Jaywant for plff present.
    Deft No.1 present in person.
    K.B.
    L.O.
    Adv Mr. N.D. Jaywant for plff present.
    Deft No.1 with his Adv Mr. Rakesh Pathak.
    Arguments of both the sides heard in N.M. No.277/2020.
    Advocate for the plff seeks time to file case laws in support his argument.
    By consent, matter is adjd. for further argument in NM to 11.03.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-03-2021
    
    Date: 11-03-2021
    Business: Adv Mr. Jaywant for plff present.
    Adv Mr. Rakesh Pathak for deft Nos.1 and  2 present.
    Deft no.2 is present in person.
    Arguments of both the sides heard.
    Matter is adjd. for order on 19.03.2021.
    Next Purpose: ORDER
    Next Hearing Date: 19-03-2021
    
    Date: 19-03-2021
    Business: None present for plff.
    Adv Mr. Pathak for defts present
    Stenographer is on leave. Alternate stenographer not provided by the office hence, it is not possible to pass order today.
    Matter is adjd. for order to 31.03.2021.
    Next Purpose: ORDER
    Next Hearing Date: 31-03-2021
    
    Date: 31-03-2021
    Business: Adv. M.R. Yadav h/f. Advocate Jaywant for the plaintiff present.
    Adv. Pathak for defendants present.
    FRSR following order is passed in NM No.277 of 2020.
    ORDER
    Notice of Motion No.277 of 2020 is made absolute in terms of its prayer clauses (a) and (b).
    -------------
    Advocate for defendants filed application Exh.4 for seeking stay the effect, implementation and operation of the order dated 31.03.2021 passed earlier today in NM No.277 of 2020.
    Advocate for the plaintiff endorsed his reply on the application itself. Heard. Learned advocate for the plaintiff though vehemently opposed the prayer of grant of stay, considering the present Pandemic Condition and statement made at the bar on behalf of the defendants that defendants do not have any other place than the suit premises to reside so also, considering the nature of relief of mandatory injunction granted in favour of the plaintiff, this court is of the opinion that it is necessary to grant time of four weeks to the defendants to challenge the order of this court before the Honble High Court hence, application Exh.4 is allowed.
    Effect and operation of the order dated 31.03.2021 passed in NM No.277 of 2020 is hereby stayed for four weeks from the date of uploading of the said order in CIS.
    Matter adjourned for draft issues to 15.06.2021.
    Nature Of Disposal: ALLOWED
    Disposal Date: 31-03-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 100653/2020
    Filing Date: 16-01-2020
    First Hearing Date: 25th February 2020
    Decision Date: 31st March 2021
    Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    31 Mar 2021

    Order Details: Notice of Motion Pdf Text: 1 NM 277-2020 in SU 2888-2019 IN THE CITY CIVIL COURT AT MUMBAI. NOTICE OF MOTION NO.277 OF 2020 (CNR No.MHCC01-000665-2020) IN SUIT NO.2888 OF 2019. (CNR No.MHCC01-011438-2019) Gajanan Raghunath Joshi }...PLAINTIFF. Versus Niranjan Gajanan Joshi and anr. }...DEFENDANTS. ------------------------------------------------------------------------------------------------ Shri.Jaywant, learned advocate for the plaintiff. Shri.Pathak, learned advocate for the defendants. ------------------------------------------------------------------------------------------------ CORAM : HIS HONOUR JUDGE SHRI.P.P.RAJVAIDYA (C.R.NO.9) ----------------------------------------------------------------------------------------- O R A L O R D E R (Delivered on 31/03/2021)…

    Read Full Order

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