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NOTICE OF MOTION

Kanheyalal Dharamnarain AgrawalVsOmprakash Dharamnarain Agrawal and Ors.

CNR MHCC0100115920203-COURT 03 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 27th January 2023

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100471/2020
Registration Date
29 Jan 2020

Advocates

2

For Petitioner

Parties

2

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec 9

Case History / Proceedings

Case History
Date: 29-01-2020
Business: None present for plaintiff.
Adv. Pooja Pangle for defendant present and filed original NM no. 471/20 along with affidavit.
Court is busy in dictating Judgment in Commercial Suit no. 86/19 and suit no. 1775/15. Hence Board is discharged.
Matter stands Adj for hearing on NM to 20.03.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-03-2020

Date: 20-03-2020
Business: There is no urgency in matter.
As per directions of office order  no. 66 of 2020 r/w notification dated 14.03.2020, board is discharged.
Matter stands Adj for hearing on NM to 18.04.2020.
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: 08-05-2020

Date: 08-05-2020
Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 77 of 2020 matter adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-05-2020

Date: 29-05-2020
Business: In view of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
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: 11-08-2020

Date: 11-08-2020

Date: 05-11-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-01-2021

Date: 11-01-2021
Business: Advocate Rajesh Jain for plaintiff present.
None for defendant.
KB at 2.45 pm
LO at 02.15 pm
None for Plaintiff.
Advocate  Devansh h/f adv. Murarka for defendant present.
KB
LO at 2.50 pm,
Advocate Rajesh Jain for plaintiff present.
Advocate  Devansh h/f adv. Murarka for defendant present and sought time. Time is granted as last opportunity.
Earlier order is to be continued till next date.
The case is adjourned to 12.02.2021 at 2.00pm for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-02-2021

Date: 12-02-2021
Business: Advocate Vishwakarma h/f adv. Rajesh Jain for Plaintiff present seeks time to file reply in NM No.471/20. Time is granted.
Advocate for Plaintiff shall file reply on next date.
Advocate  Morarka for defendants present.
Parties shall complete the pleadings and shall argue the NM on next date without fail.
The case is adjourned to 19.03.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-03-2021

Date: 19-03-2021
Business: Advocate Rajesh Jain for plaintiff present and seeks time to file reply.
Time is granted as last opportunity.
Plaintiff shall serve the reply to defendants at least a week in  advance.
Advocate Narendra Devanvsh for defendant present.
Earlier order is continued till next date.
The case is adjourned to 23.04.2021 for NM reply and hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-04-2021

Date: 23-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-07-2021

Date: 14-07-2021
Business: Court is vacant
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-09-2021

Date: 08-09-2021
Business: Matter called out at 03.30 p.m.
Adv. A. J. Rajbhar for plaintiff present.
Adv. Narendra Devansh for defendants present.
It appears from the record that my predecessor on 19.03.2021, granted last opportunity to the plaintiff to file reply with a direction to serve copy of reply in advance to the plaintiff. Till date plaintiff did not file reply.  Hence, motion to proceed without say.
Kept back.
Later on at 04.43 p.m.
Adv. Rajesh Jain for plaintiff present.
He informed that his client is from Delhi and therefore till date reply could not be filed. In view of the above fact, order of no say is recalled.  Plaintiff is allowed to file reply on or before next date with advance copy to the other side.
In the event of failure to file reply, this court will proceed without say of the plaintiff.
Adv. Narendra Devansh for defendants present.
Matter stands adjourned to 08.10.2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-10-2021

Date: 08-10-2021
Business: Matter called out at 4.40 p.m.
Adv. Rajesh Jain for plaintiff present.
Adv. Siddharth Murarka a/w Narendra Devvansh, Aachal Jain, Arpit Maleda, Nakul Shah I/b Law Chambers of Siddharth Murarka for defendant present.
After hearing both the sides on NM No.471/20 and after perusal of plaint, it appears that plaintiff failed to mention valuation of the suit property for the purpose of jurisdiction for the purpose of payment of court fees.  Moreover, plaintiff also claimed an amount of Rs.15,00,000/- towards menes profit and Rs.70,000/- per month towards compensation and plaintiff paid court fee of Rs.4,630/- which appears to be not as per the rules.  Plaintiff is seeking declaration and possession of th suit property which is immovable property situated at Ghatkopar.  Hence, in view of the above the concerned registrar is directed to make inquiry under section 8 of Court fees Act and give valuation of the suit for the purpose of suit valuation.
Matter stands adjourned to 17.12.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 17-12-2021

Date: 17-12-2021
Business: Adv. Aanchal Jain I/b Law Chambers of Siddharth Murarka for defendants present.
Matter mentioned at 4.59 p.m.
Report received from registrar.  Exh.9.
Plaintiff is directed to pay deficit court fee of Rs.40,860/- on or before next date.
Adv. Nakul Shah for defendant present.
Matter stands adjourned to 11.02.2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 11-02-2022

Date: 11-02-2022
Business: Adv. Rajesh Jain for plaintiff present.
Adv. Narendra Devvansh for defendants present.  He tendered reply to NM No.471/20. TOR.
He undertakes to serve the copy to the plaintiff.
Matter stands adjourned to 25.03.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-03-2022

Date: 25-03-2022
Business: Matter mentioned at 2.38 p.m.
Adv. Narendra Devvansh for Deft. No.1 to 3 present.
None present for plaintiff.
Matter stands adjourned to 22.04.2022 for NM hearing.
Later on at 2.50 p.m.
Adv. Pawan Tiwari for plaintiff present.
Already adjourned to 22.04.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-04-2022

Date: 22-04-2022
Business: Court is on leave, Hence board is discharged. Matter adj. to next date
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-07-2022

Date: 08-07-2022
Business: Plaintiff a/w Adv. Rajesh Jain present. He tendered rejoinder to NM No.471/2020. TOR.
Copy supplied to the defendant.
Adv. Narendra Devvansh for defendant present.
Matter stands adjourned to 19.08.2022 for NM No.471/20
hearing/orders.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-08-2022

Date: 19-08-2022
Business: Adv. Rajesh Jain for plaintiff present.
Adv. Narendra Devvansh for defendant present.
K.B.
Later on mentioned at 4.26 p.m.
Adv. Rajesh Jain for plaintiff present.
Adv. Siddharth Murarka for defendant present.
Heard Ld. Advocate for defendant on NM No.471/2020.
Matter stands adjourned to 30.09.2022 for NM (p.h).
Next Purpose: NM HIGH ON BOARD
Next Hearing Date: 30-09-2022

Date: 30-09-2022
Business: Adv. Rajesh Jain for plaintiff present.
Adv. Narendra Devvanash for defendant present.
By consent, matter stands adjourned to 25.11.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-11-2022

Date: 25-11-2022
Business: Adv. Rajesh Jain for plaintiff present.
Adv. Narendra Devvansh for defendant present.
K.B.
later on called out at 3.29 p.m.
Adv. Rajesh Jain for plaintiff present.
Adv. Siddharth Murarka for defendant present.
Heard both the sides on NM No. 471/2020.
Matter stands adjourned to 27.01.2023 for NM argument (p.h)/NM
orders.
Next Purpose: NM HIGH ON BOARD
Next Hearing Date: 27-01-2023

Date: 27-01-2023
Business: Adv. Rajesh Jain for plaintiff present.
Adv. Aanchal Jain for defendants present.
Following F.R.S.R. order is passed in NM No.471/2020.
ORDER
1.	Notice of Motion No.471/2020 in Suit No.1281/2014, is hereby dismissed.
2.	Notice of Motion is disposed off accordingly.
Matter stands adjourned on 24.03.2023 for NM hearing.
Nature Of Disposal: DISMISSED
Disposal Date: 27-01-2023

Additional Case Details

Additional Case Details
Filing Number: 101333/2020
Filing Date: 29-01-2020
First Hearing Date: 29th January 2020
Decision Date: 27th January 2023
Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE

Orders

1
Final Order 1Full order available
27 Jan 2023

Order Details: Notice of Motion Pdf Text: ..1.. IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI NOTICE OF MOTION NO.471 OF 2020 (CNR NO.MHCC010011592020) IN S. C. SUIT NO.1281 OF 2014 Kanheyalal Dharamnarain Agrawal ).. Plaintiff V/s. Omprakash Dharamnarain Agrawal & others ).. Defendants Appearances : Ld. Adv. Rajesh Jain plaintiff. Ld. Adv. from Law Chamber of Siddharth Murarka for defendants. CORAM : HIS HONOUR JUDGE SHAIKH AKBAR SHAIKH JAFAR COURT ROOM NO.03 DATE : 27/01/2023. ORDER 1 This…

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