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NOTICE OF MOTION

Ghanshyam Dayaram KatiraVsSmt Komal Shashi Kumar Sharma And Anr

CNR MHCC01000779201915-COURT 15 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 08th April 2022

TrustJury record updated 17 Sept 2026

Case Overview

Registration Number
100311/2019
Registration Date
22 Jan 2019

Advocates

2

For Petitioner

For Respondent

Parties

2

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec 9

Case History / Proceedings

Case History
Date: 13-02-2019
Business: Plaintiff present.
Adv. for Plaintiff absent.
None for Defendant.
Matter is adjd. to 25/03/2019 for N/M service.
Next Purpose: SERVICE
Next Hearing Date: 25-03-2019

Date: 25-03-2019
Business: Adv for Applicant No. 1 and 2 Mr. Madan Singh Khati present
Applicant submitted registered N/M 311/19
Matter is Adjd for N/M hearing to 29/04/2019
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-04-2019

Date: 29-04-2019
Business: Due to Election Holiday declared on 29.04.19
Therefore, Board is discharge
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-07-2019

Date: 18-07-2019
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-07-2019

Date: 22-07-2019
Business: Plaintiff present.
Adv. for absent.
Adv. Madan Singh for defendant.
affidavit of reply to NM filed by plaintiff.
Copy is  served to adv for defendant.
The Ld. counsel for defendant has submitted that tomorrow at Thane court  EA No. 37/2017 is for hearing of attachment application filed by plaintiff of this case.
As today due to absence of plaintiff adv. matter can not be proceed, plaintiff is directed not to proceed with attachment application filed in EA 37/2017 till 25/7/2019.
Adjd for NM hearing on 25/7/2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-07-2019

Date: 25-07-2019
Business: Plaintiff present his advocate absent.
Adv. Madansingh Khati for defendant present.
Interim order passed on 22.07.2019 is continued till next date.
Adj for NM hearing on 07/08/2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-08-2019

Date: 07-08-2019
Business: P.O is on training.
Adjd to 23/9/19
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-09-2019

Date: 23-09-2019
Business: Plaintiff present and adv absent. Adv/. Mr.Patil for defendant/MCGM present. Adv. Mr.Madansingh Khatri for defendant present. Interim order passed on 22/7/2019 is continue till the next date. Adjd to 13/11/2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-11-2019

Date: 13-11-2019
Business: Adv. Yadav for plaintiff present.
Adv. Khati for deft present.
Addl reply to nm filed by adv. for plaintiff. t.o.r.
Heard arguments on NM of both the parties.
Adjd for further arguments to 26.11.2019
Next Purpose: ARGUMENTS
Next Hearing Date: 26-11-2019

Date: 26-11-2019
Business: Adv. Yadav present for the plff.
Plff present.
Adv. Chindarkar present for the deft.
Deft present.
Ld counsel for the deft sought time for hearing. Adj. Granted as last chance.
Adj. For hearing on 17/12/2019.
LO 3.00pm.
Adv. Madansing Khat present for the Deft.
Earlier order if any continue to till next date.
Adj. For hearing on 17/12/2019.
Next Purpose: ARGUMENTS
Next Hearing Date: 17-12-2019

Date: 17-12-2019
Business: Adv. Yadav for plaintiff present.
Adv. Khati for defendant present.
Interim order to be continue till next date.
Matter adjd to 30/01/2020 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 30-01-2020

Date: 30-01-2020
Business: Plaintiff present. Adv. Yadav for plaintiff
Adv. Chindarkar for defendant.
Adv for defendant requested for adjournment. The record shows that interim order has been in existence in favour of the defendant. Still the defendant has sought several adjournments earlier also. Still in the interest of justice the matter is adjourned subject to cost of Rs.2000/- to be paid to the plaintiff. Interim order to continue till next date.
Adjd for Arguments to 29-02-2020
LO at 12.30pm
Adv. Madan singh khati for defendant filed application for waving the cost of Rs.2000/- imposed upon the defendants.
O- As the advocate for defendant appeared later and shown readiness to argue the matter, the order regarding imposition of cost is set aside and the matter is proceeded.
Argument heard in part. The advocates submitted that they will take instructions from their clients regarding settlement. Hence, the matter is adjd for settlement instructions to 29-02-2020
Next Purpose: SETTLEMENT
Next Hearing Date: 29-02-2020

Date: 29-02-2020
Business: Adv. Yadav for plaintiff.
Adv. Madan singh Khati for defendant.
Matter is referred for mediation. Interim order in favour of the defendant to continue till next date.
Adjd for mediation report to 23-04-2020
Next Purpose: MEDIATION REPORT
Next Hearing Date: 23-04-2020

Date: 23-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: MEDIATION REPORT
Next Hearing Date: 14-05-2020

Date: 14-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: MEDIATION REPORT
Next Hearing Date: 03-06-2020

Date: 03-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: MEDIATION REPORT
Next Hearing Date: 20-06-2020

Date: 20-06-2020
Business: national Lockdown.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 24-09-2020

Date: 24-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: MEDIATION REPORT
Next Hearing Date: 16-12-2020

Date: 16-12-2020
Business: Adv madan singh khati for applicant
none for respondent
Adjd to 06-02-2021 for mediation report
Next Purpose: MEDIATION REPORT
Next Hearing Date: 06-02-2021

Date: 06-02-2021
Business: Adv. Madan Singh for defendant/applicant.
Order was passed to refer the matter for mediation. However, due to the lock down phase after passing of the order the matter could not be sent to the mediator. Therefore, now the matter be sent to the mediator for mediation. Interim order in favour of the defendant to continue till next date.
Adjd for mediation report to 07-04-2021
Next Purpose: MEDIATION REPORT
Next Hearing Date: 07-04-2021

Date: 07-04-2021
Business: As per office order 64/2021.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 20-09-2021

Date: 20-09-2021
Business: Adv Mr.Vidyashankar Yadav present for the plaintiff.
None present for the defendant.
Matter is adjd to 20.10.2021 for mediation.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 20-10-2021

Date: 20-10-2021
Business: Adv Vidya Yadav present for the plaintiff.
Adv Madan Singh Khati present for the defendant.
Interim order is extended till next date.
Matter is adjd to 15.12.2021 for Mediation report.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 15-12-2021

Date: 15-12-2021
Business: Adv.  Vidhyashankar Yadav for the plaintiff present.
Adv. Madan Singh Khati  for defendant is present.
Mediation report is received. Matter is not settled before mediation.
Ad-interim relief if any to continue till next date.
Matter is adjd. to 04/02/2022 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 04-02-2022

Date: 04-02-2022
Business: As per SOP dated 07/01/2022, in Office Order No.07/2022, due to COVID-19 (Third wave, Omicron).
Matter is Adjd. to 03-03-2022 for taking Steps.Advocate MadanSingh Khati  for defendant. present.
None for plaintiff.
Heard argument of defendants on NM 311/2019.
Ad-interim relief if any to continue till next date.
Matter Adjd for 08-02-2022 argument of plaintiff.
Next Purpose: ARGUMENTS
Next Hearing Date: 08-02-2022

Date: 08-02-2022
Business: As per SOP dated 07/01/2022, in Office Order No.07/2022, due to COVID-19 (Third wave, Omicron). Matter is Adjd.
Ad-interim relief if any to continue till next date.
Matter is adjd. to 21-02-2022 for Argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 21-02-2022

Date: 21-02-2022
Business: None present.
lo
Advocate Yadav for plaintiff present.
plaintiff present.
Advocate of Khati for defendant.
Ad-interim order continue to next date.
on the request of both advocate
Matter is adjd. to 29-03-2022  NM Argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 29-03-2022

Date: 29-03-2022
Business: Advocate Mr. Vidyashankar Yadav for plaintiff present.
Advocate for  defendant present..
kb
Later on
Heard NM argument of both side.
Ad-interim order continue to next date.
Matter is adjd. for NM order to  08-04-2022.
Next Purpose: NM  ORDERS
Next Hearing Date: 08-04-2022

Date: 08-04-2022
Business: Advocate Mr. Vidyashankar Yadav for plaintiff present.
Advocate Mr. Madan for defendant present.
kb
F R S R  following order is passed:
ORDER
1.  Notice of Motion No. 311 of 2019 is allowed.
2.  Delay of 1006 days is condoned.
3.  Execution of decree dated 13-02-2013 is stayed and the
     defendants are permitted to enter appearance in  Suit
     No. 4034/2011.
4.  Accordingly Suit No. 4034/2011 is restored.
5.  Notice of Motion No. 311 of 2019 is disposed of.
Nature Of Disposal: ALLOWED
Disposal Date: 08-04-2022

Additional Case Details

Additional Case Details
Filing Number: 100835/2019
Filing Date: 22-01-2019
First Hearing Date: 13th February 2019
Decision Date: 08th April 2022
Court Number And Judge: 15-COURT 15  ADDL SESSIONS JUDGE

Orders

1
Final Order 1Full order available
08 Apr 2022

Order Details: Notice of Motion Pdf Text: NM No.3112019 ORDER 1 MHCC010007792019 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY NOTICE OF MOTION NO.311 OF 2019 IN SUMMARY SUIT NO.4034 OF 2011 Ghanshyam Dayaram Katira … Plaintiff Vs. Smt Komal Shashi Kumar Sharma And Anr … Defendant Appearances: Ld.Adv.Mr. Vidyashankar Yadav for plaintiff. Ld.Adv. Mr.Madan Singh Khati for defendant. CORAM : HER HONOUR ADHOC JUDGE SMT. C.V. PATIL. (C.R.NO.15) DATE : 8th April 2022 ORDER 1. This Notice of Motion…

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