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NOTICE OF MOTION

Sulochana Ganesh PevekarVsMangala Vijay Bhosale +1 more

CNR MHCC0100117920209-COURT 09 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 10th July 2024

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100474/2020
Registration Date
29 Jan 2020

Advocates

2

For Petitioner

For Respondent

Parties

3

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec 9

Case History / Proceedings

Case History
Date: 31-01-2020
Business: Court is on leave.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 26-03-2020

Date: 26-03-2020
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 18-04-2020

Date: 18-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 08-05-2020

Date: 08-05-2020
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 29-05-2020

Date: 29-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 16-06-2020

Date: 16-06-2020
Business: national lock down
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 17-10-2020

Date: 17-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 09-02-2021

Date: 09-02-2021
Business: None for plaintiff.
Adv. Satish Kumat for the defendant No.1.
Last chance is granted to tender registered NM.
Matter is adjd. to 30/03/2021 for tendering registered NM and reply to NM.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 30-03-2021

Date: 30-03-2021
Business: Due to SOP only urgent matter  are taken up. Hence, the Board is
discharged.
Matter is adjd. to 17/06/2021 for tendering registered NM.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 17-06-2021

Date: 17-06-2021
Business: Due to COVID-19 pandemic.
Matter is adjourned.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 19-07-2021

Date: 19-07-2021
Business: Due to COVID-19 pandemic.
Matter is adjourned.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 16-09-2021

Date: 16-09-2021
Business: Adv. absent for plaintiff.
Adv Satish Tamre present for defendant no. 01 and tendered registered NM no. 474/20 @ affidavit. t.o.r.
Matter adjourned for NM reply to 02/12/21.
Next Purpose: REPLY
Next Hearing Date: 02-12-2021

Date: 02-12-2021
Business: Adv Mr.Kamat present for the defendant no.1
None present for the plaintiff. Plaintiff has not filed reply to the NM 474/2020. Matter is lastly adjourned to 03.01.2022. If plaintiff fails to file reply the motion will be decided on merits.
Matter is adjd. to 03.01.2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-01-2022

Date: 03-01-2022
Business: Court is on leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-02-2022

Date: 18-02-2022
Business: Adv. Redekar for plaintiff present and submits that original plaintiff is dead and he wants to take steps for bringing legal heirs on record.
None present for defendants.
Matter is adjd. for steps (Subject to limitation) to 4/5/2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 04-05-2022

Date: 04-05-2022
Business: Advocate Mr. Akshay Pawar present for the plaintiff and files Draft Chamber Summons for brining the legal heirs of the plaintiff on record TOR.
ORDER: Leave to register Chamber Summons is granted.
Serve other side.
Matter is adjd. to 07.06.2022 for service and reply on Chamber Summons.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-06-2022

Date: 07-06-2022
Business: None present for plaintiff.
Adv.Himanshu Takke for application in Ch/s 711/22 filed V/P. TOR
He also files registered Ch/s 711/22.
He submitted that defendant nos. 2 and 3 not served the notice of Ch/s 711/22. He requested time for serving Ch/s to defendant nos. 2 and 3.
Adv. Satish Kamat for defendant no. 1 present.
Matter is adjd. to16-07-2022  for reply.
Next Purpose: REPLY
Next Hearing Date: 16-07-2022

Date: 16-07-2022
Business: Adv. Himanshu Takke for applicant present. He is seeking time for service affidavit.
Adv. Satish Kamat for defendant no.1.
Matter is adjd. to 17.09.2022 for service.
Next Purpose: SERVICE
Next Hearing Date: 17-09-2022

Date: 17-09-2022
Business: Adv. Himanshu Takke for applicant in ch/s no. 711/22 present and submitted that service is effected and seeking time for filing service affidavit.
None present for plaintiff and defendant.
Matter is adjd. to 05.11.2022 for service affidavit and reply.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 05-11-2022

Date: 05-11-2022
Business: None present for parties.
Matter is adjd. to 22.12.2022 for filing service affidavit and reply.
LO at 3.15 pm
Adv. Himashu Tattke for plaintiff present and filed service affidavit of Ch/s No. 711/2022.
Hence, Matter is adjd. to 22.12.2022 for ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 22-12-2022

Date: 22-12-2022
Business: Court is on leave. Hence, Board is discharged.
Next Purpose: C/S REPLY
Next Hearing Date: 04-02-2023

Date: 04-02-2023
Business: court is on leave
Next Purpose: C/S REPLY
Next Hearing Date: 04-03-2023

Date: 04-03-2023
Business: As Court is busy in dictating Judgment in Suit No. 2576/2019 and Suit No.06./2011. Hence, Board is discharged.
Matter is adjourned to 01.04.2023 for Chamber Summons Reply.
Next Purpose: C/S REPLY
Next Hearing Date: 01-04-2023

Date: 01-04-2023
Business: Adv. Himanshu Takke for applicant in Chamber Summons No. 711/20.
None present for defendant.
No reply filed by parties on Chamber Summons No.711/22. Hence, no reply order is passed against defendants.
Matter is adjourned to 29.04.2023 for Chamber Summons hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 29-04-2023

Date: 29-04-2023
Business: Adv. Himanshu Takke for applicant in Chamber Summons present.
None present for Defendant.
Heard Ld advocate appeared on behalf of applicant.
Order passed in Chamber Summons No. 711/22
Order
Chamber Summons No. 711 of 2022 served to the defendant Nos. 1 to 3, but they failed to file their reply to Chamber Summons. The applicant submitted that plaintiff has filed this suit for partition, injunction and declaration. But during the pendency of the suit the plaintiff died on 21.12.2021. The applicant nos. 2 to 5 are the only surviving member and legal representative. Death Certificate of Sulochana placed on record at Exh.A.
Considering the nature of Chamber Summons, applicants are willing to proceed with this suit. Considering this fact, it will better to bring on record legal heirs of plaintiff. No harm will cause to the other party. The delay for bringing legal heirs on record is liable to be condoned. Hence, Chamber Summons is hereby allowed. Applicant is directed to carry out amendment in the plaint before next date and supply the amended copy of plaint to the other party.
Matter is adjourned to 24.07.2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 24-07-2023

Date: 24-07-2023
Business: Adv. Mr. Himanshu Takke for the plaintiff is present.
None present for the defendant.
Advocate for the plaintiff seeks time for compliance of Order.
Matter is adjourned to 12.09.2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 12-09-2023

Date: 12-09-2023
Business: Adv. Mr. Himanshu Takke for the plaintiff is present.
None present for the defendant.
Adv. for the plaintiff seeks time to service on defendant No. 1. Time is granted.
Matter is adjourned to 23.11.2023 for service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 23-11-2023

Date: 23-11-2023
Business: Adv. Mr. Himanshu Takke for the plaintiff is present.
None present for the defendant.
Adv. for the plaintiff seeks time to file affidavit of service. Time is granted.
Matter is adjourned to 24.01.2024 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 24-01-2024

Date: 24-01-2024
Business: None present for both the parties.
Matter is adjourned to 11.03.2024 for Affidavit of Service.
LO at.3.00 pm
Adv. Mr.Satish Kamat for defendant is present.
LO at.3.37 pm
Adv.Mr.Himanshu Takke for plaintiff is present and filed affidavit of service t.o.r.
Matter is adjourned to 11.03.2024 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-03-2024

Date: 11-03-2024
Business: Adv. Mr.Himanshu Takke for the plaintiff is present.
Adv. Mr.Satish Kamat  for defendant no.1 is present.
Adv. for plaintiff seeks time to file reply to NM taken out by defendant no.1
Matter is adjourned to 29.04.2024 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-04-2024

Date: 29-04-2024
Business: Adv. MrHimanshu Takke for the plaintiff is present.
Adv. Mr. Vighnesh Kamat for defendant no.1 is present.
Adv. for plaintiff filed reply to NM No.474/2020 taken on record. Copy served to defendant no.1.
Matter is adjourned to 10.07.2024 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-07-2024

Date: 10-07-2024
Business: None for the plaintiff.
Adv. Mr.Satish Kamat for defendant No.1 is present.
KB LO at  4.13 pm.
Adv.Mr.Himanshu Takke for plaintiff is present.
Heard argument by ld adv. for plaintiff and defendant No.1.
F.R.S.R. the following Order is passed on NM No. 474 of 2020.
- O R D E R-
1.Notice of Motion No. 474 of 2020 in Suit No.293 of 2016 is hereby allowed.
2.The delay in filing written statement is hereby condoned and written statement of defendant No.1 be taken on record.
3. The defendant No.1 to pay the costs of Rs.1,000/-and  payment of condition would be condition precedent for taking the written statement on record.
4. Notice of Motion stands disposed off accordingly.
Nature Of Disposal: ALLOWED
Disposal Date: 10-07-2024

Additional Case Details

Additional Case Details
Filing Number: 101339/2020
Filing Date: 29-01-2020
First Hearing Date: 31st January 2020
Decision Date: 10th July 2024
Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE

Orders

1
Final Order 1Full order available
10 Jul 2024

Order Details: Notice of Motion Pdf Text: 1 IN THE BOMBAY CITY CIVIL COURT AT MUMBAI NOTICE OF MOTION NO. 474 OF 2020 IN SC SUIT NO.293 OF 2016 (C.N.R.No.MHCC01-001179-2020) Smt. Sulochana Ganesh Pevekar ] …. Plaintiff. V/s. Smt. Mangala Vijay Bhosale & Ors. ] ..Defendants. Appearance : Learned Adv. Mr. Himanshu Takke for the plaintiff. Learned Adv. Mr. Vighnesh Kamat for defendant No.1. CORAM : HIS HONOUR JUDGE SHRI. V. S. KHOT (C.R.NO.09) DATE : 10th JULY, 2024 ORAL…

Read Full Order

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