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NOTICE OF MOTION

Pratibha Mahadev BhojaneVsMHADA And Ors.

CNR MHCC0100125020208-COURT 08 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 06th December 2022

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100380/2020
Registration Date
23 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: 18-02-2020
    Business: matter adjd to 15.04.2020
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 15-04-2020
    
    Date: 15-04-2020
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 22-04-2020
    
    Date: 22-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 13-05-2020
    
    Date: 13-05-2020
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 02-06-2020
    
    Date: 02-06-2020
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 19-06-2020
    
    Date: 19-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 24-11-2020
    
    Date: 24-11-2020
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 03-03-2021
    
    Date: 03-03-2021
    Business: Plaintiff is present.
    Adv. Prasad Gaonkar for the plaintiff
    Adv. Pathak h/f Adv. Mr. Kandekar for the defendants No.1 and 2.
    Adv. Lokhande for the defendant No.3.
    Matter is adjd. to 20/03/2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-03-2021
    
    Date: 20-03-2021
    Business: Plaintiff is present.
    Adv.Prasad Gaonkar for plaintiff.
    Adv.Pathak for defendant no. 1 and 2.
    Adv.Dukhade for defendant no.3.
    Heard ld for plaintiff on NM.
    KB
    On oral request of the advocate of the defendant no.3, matter is adjd. to 23.03.2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-03-2021
    
    Date: 23-03-2021
    Business: Plaintiff is present.
    Adv. Kulkarni for plaintiff
    Adv. Pathak h/f Adv. Mr. Kandekar for the defendants No.1 and 2.
    Adv. Sharma for defendant No.3.
    KB
    L.O. at 05.35 p.m.
    Advocate for the defendant No.3 stated that defendant No.3 is ready to provide alternate permanent accommodation in the same locality as per agreement dated 11/07/2016.
    The ld. advocate for the plaintiff stated that the plaintiff is ready to accept the proposal of defendant No.3.
    On oral request of the ld. advocate for the plaintiff, matter is adjd. to 08/04/2021 for settlement/NM hearing.
    Next Purpose: SETTLEMENT
    Next Hearing Date: 08-04-2021
    
    Date: 08-04-2021
    Business: Due to SOP only urgent matter  are taken up. Hence, the Board is
    discharged.
    Matter is adjd. to 29.06.2021 for settlement.
    Next Purpose: SETTLEMENT
    Next Hearing Date: 29-06-2021
    
    Date: 29-06-2021
    Business: due to covid-19
    Next Purpose: SETTLEMENT
    Next Hearing Date: 09-08-2021
    
    Date: 09-08-2021
    Business: None for plaintiff.
    Adv. Mr. Sharma for defendant present.
    Matter is adjd. to 16/09/2021 for settlement.
    Next Purpose: SETTLEMENT
    Next Hearing Date: 16-09-2021
    
    Date: 16-09-2021
    Business: Adv. Chedda presnt for Plaintiff.
    adv. Kavita Shah present for Defendant no. 01 and 02.
    Adv. Chandra more present for defendant no. 05.
    Because of Notary Work, mater is adjd.
    Matter is adjd. to 05/10/21 for final arguments at 11.00 am.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 05-10-2021
    
    Date: 05-10-2021
    Business: As the Court is busy in dictating order in NM No.1621/2018 (SU 1542/2017) and NM No. 1624/2021  (SU No.1819/2021) and due to disconnection of electricity power from 03.30 p.m. to 06.00 p.m. Hence, matter is adjourned.
    Matter is adjd. to 22/10/2021 for NM hearing.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 22-10-2021
    
    Date: 22-10-2021
    Business: Court is on leave.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 18-11-2021
    
    Date: 18-11-2021
    Business: Adv present for the plaintiff.
    Matter is adjd. to 27.11.2021 for argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 27-11-2021
    
    Date: 27-11-2021
    Business: Adv Prasad Gaonkar present for the plaintiff.
    Adv Vijay Sharma present for the defendant no.3
    Adv Pathak H/f Adv Kandekar present for the defendant nos. 1 and 2.
    Adv for plaintiff filed rejoinder to NM 380/2020 TOR
    Adv for the defendant no.3 filed affidavit of reply to NM No.380/2020
    Matter is adjd. to 10.12.2021 for argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 10-12-2021
    
    Date: 10-12-2021
    Business: Adv Chandani Mate present for the plaintiff.
    Adv Rashmita Lokhandi present for the defendant no.3
    Adv Mr.Pathak H/f Adv Kandekar present for the MHADA.
    Matter is adjd. to 28.01.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-01-2022
    
    Date: 28-01-2022
    Business: Adv Siddhesh Kasaralkar for plaintiff present.
    Adv Rashmika Lokhande for defendant no.3 present.
    Adv.Mangal Kadam for defendant/MHADA present.
    Matter is adjd. to 24.02.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-02-2022
    
    Date: 24-02-2022
    Business: Adv Siddhesh Kasaralkar for plaintiff present.
    Adv Rashmika Lokhande for defendant no.3 present and she seeks time to file rejoinder. Time is granted.
    Matter is adjd. to 07.04.2022 for NM rejoinder/hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-04-2022
    
    Date: 07-04-2022
    Business: Adv. Prasad Gavkar @ adv. Mansi Kilankar present for plaintiff.
    Adv. Rasmika lokhande present for defendant.
    Adv. Pathak hf adv. Kandekar present for defendant/MHADA.
    Adv. Priyanka gavkar hf. Adv. Martina sakpal present for deff. no. 02.
    heard arguments of ld. Adv. For plaintiff on nm no. 380/2020.
    Adv. For defendant/MHADA and def.no 02 sought adjournment.
    Matter adjourned for arguments of defendants on nm no. 380/2020 to 13/04/22.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-04-2022
    
    Date: 13-04-2022
    Business: Adv. Harshali Parab present for plaintiff.
    Adv. Rashmika present for df. no. 03 and sought adjournment.
    Adv. Pathak hf adv. Kandekar present for defendant/MHADA and sought adjournment.
    Matter adjourned for arguments of def. On nm no. 380/2020 To 20/04/22.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-04-2022
    
    Date: 20-04-2022
    Business: Adv. Pathak hf adv. Kandekar present for defendant/MHADA and he tendered affidavit in reply to the nm no. 380/21 t.or.
    He also tendered application  for treating the reply to Nm and WS t.or. Marked as Exh. 07. Adv. For plaintiff given no objection for treating the said reply as WS. Hence reply of df./MHADA to nm no. 380/20 is treated as Ws and marked as Exh. 08.
    Adv. Vijay sharma present for df. no. 03 and submitted that, defendant no. 03 is ready to give the market price or ready to give flat by constructing same in view additional benefit received recently in the same building.
    Mr. Dattatray Badshaha Kanvade Deputy Engineer present for MHADA.
    Adv. Siddesh present for plaintiff and submitted that, he will have to take instructions.
    Matter adjourned for hearing to 05/05/22 .
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-05-2022
    
    Date: 05-05-2022
    Business: None present for plaintiff.
    Adv. Vijay sharma present for defendant 03 and submitted that, proposal  for settlement is already sent to the plaintiff.
    As plaintiff and his adv. are absent,
    Matter adjourned for nm hrg. Of defendant To 23/06/22.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-06-2022
    
    Date: 23-06-2022
    Business: Adv. absent for plaintiff.
    Plaintiff in person present and sought adjournment.
    Adv. Vijay Sharma present for defendant 03.
    Adv. Pathak hf adv. Kandekar present for defendant/MHADA.
    As advocate for plaintiff is absent and adjournment is sought by plaintiff, Matter adjourned for nm hrg. To 26/07/22.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-07-2022
    
    Date: 26-07-2022
    Business: Plaintiff in person present.
    Adv  present for plaintiff.
    Adv. Vijay Sharma present for defendant 03.
    Adv. Pathak hf adv. Kandekar present for defendant/MHADA.
    Kb
    l.o. at 04.31 pm.
    Adv. P. M. Gavkar present for the plaintiff.
    BY consent, Matter adjourned for arguments of defendant and hearing on nm no. 380/2020 to 05/08/22.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-08-2022
    
    Date: 05-08-2022
    Business: Adv. P. M. Gavkar present for plaintiff.
    Adv. Pathak hf adv. Kandekar present for defendant/MHADA.
    Adv. Vijay sharma present for defendant no. 03 and sought adjournment.
    Matter adjourned for arguments of defendant on nm to 17/08/22.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 17-08-2022
    
    Date: 17-08-2022
    Business: Adv Siddhesh Kasalkar present for plaintiff and tendered affidavit in respect of market value of premises.
    None present for defendants.
    Adv Rashmika Lokhande present for defendant no. 03 and tendered additional affidavit in reply to Notice of Motion no. 380/2020.
    Adv Pathak h/f Adv Kandekar present for defendant/MHADA.
    Copy served to the both sides.
    As per request of Adv for defendant.
    Matter adjourned for argument on Notice of Motion of defendant to 14.09.22.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 14-09-2022
    
    Date: 14-09-2022
    Business: Adv. Pathak h/f adv. Kandekar for defendant/ MHADA present.
    Adv. Siddhesh Kasalkar h/f adv. Prasad Gaonkar present for plaintiff and sought adjournment.
    Adv. Vijay Sharma present for defendant No.3.
    By consent matter is referred for mediation.
    Matter adjourned for mediation report on 07-10-2022
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 07-10-2022
    
    Date: 07-10-2022
    Business: None present for plaintiff.
    Adv Vijay Sharma present for defendant 03.
    Husband of plaintiff in person present.
    Adv Pathak h/f adv Kandekar present for defendant/MHADA.
    Matter adjourned for mediation report to 02.11.2022.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 02-11-2022
    
    Date: 02-11-2022
    Business: Adv. P. Gavkar  present for plaintiff and submitted that, mediation is failed.
    Adv. Rashmika Gokhale present for defendant 03.
    Plaintiff in person present.
    Adv. Pathak hf adv. Kandekar present for defendant/MHADA.
    Matter adjourned for mediation report/ hearing on notice of motion to 21/11/22.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 21-11-2022
    
    Date: 21-11-2022
    Business: Plaintiff in person present.
    Adv. Gavkar present for plaintiff.
    Adv. Pathak hf adv. Kandekar present for defendant/MHADA.
    Adv. Vijay sharma present for defendant no. 03.
    kb
    l.o. at 03.43 pm.
    Adv. Kandekar present for defendant/MHADA.
    Heard arguments of ld. Advocate for plaintiff and ld. Advocate for defendant no. 01 and 02 and defendant no. 03 on Notice of Motion no. 380/2020.
    Adv. For defendant no. 03 submitted that, he will produce the list of flats out of saleable components which are not sold yet before next date or one week.
    Matter adjourned for submission of list of unsold flats out of saleable components in the suit building Neha Residency to 29/11/22.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-11-2022
    
    Date: 29-11-2022
    Business: Adv. Arti parab present for plaintiff.
    Adv. Rashmika lokhande present for defendant 03 and tendered application for tendering list of saleable components and submitted that, all the flats in the suit building are sold.
    Adv. Pathak hf adv. Kandekar present for defendant/MHADA.
    Matter adjourned for nm order to 06/12/22.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 06-12-2022
    
    Date: 06-12-2022
    Business: None present for plaintiff.
    Adv Rashmika Lokhande present for defendant no. 03.
    Plaintiff in person preent.
    Adv Pathak h/f adv Kandekar present for defendant no. 01 & 02.
    F.R.S.R. following order is passed on Notice of Motion no. 380/2020:
    Order:
    1) Notice of Motion no. 380/2020 is partly allowed.
    2) Defendant no. 03 is hereby temporarily restrained from alienating or parting with possession or creating any third party rights in the unsold flats, if any, of the sale components of the new building Neha Residency, till disposal of the suit or further order whichever is earlier.
    3) Defendants are temporarily restrained from allotting and handing over permanent alternate accommodation in lieu of suit premises to any person other than the plaintiff till disposal of suit or further order whichever is earlier.
    4) Defendant no. 03 shall pay amount of Rs. 20,000/- (Rs. Twenty Thousands only) per month to the plaintiff towards transit temporary accommodation rent from 01.01.2019 till handing over possession of the permanent alternate accommodation to the plaintiff in lieu of suit premises or till further order whichever is earlier.
    5) Defendant no. 03 shall deposit arrears of the transit temporary accommodation rent from 01.01.2019 till 30.11.2022 within one month from the date of this order and Defendant no. 03 shall continue to pay the transit temporary accommodation rent for further period to the plaintiff every month regularly.
    6) If the Defendant no. 03 deposit the transit temporary accommodation rent or arrears of the rent in the court, in that case plaintiff will be at liberty to withdraw the said amount.
    7) Notice of Motion no. 380/2020 is disposed off accordingly.
    Authenticated copy of Roznama be given to both the parties if requested.
    Nature Of Disposal: ALLOWED
    Disposal Date: 06-12-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 100752/2020
    Filing Date: 23-01-2020
    First Hearing Date: 18th February 2020
    Decision Date: 06th December 2022
    Court Number And Judge: 8-COURT 08 ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 2Full order available
    06 Dec 2022

    Order Details: Notice of Motion Pdf Text: 1 NM No.3802020 IN SUIT NO. 26362019 MHCC010012502020 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY NOTICE OF MOTION NO. 380 OF 2020 IN SUIT NO. 2636 OF 2019 Pratibha Mahadev Bhojane ] ...Plaintiff. Versus MHADA & Others ]...Defendants. Appearance: Ld. Advocate Gavkar for plaintiff. Ld. Advocate Pathak h/f Advocate Kandekar for defendant Nos. 1 & 2/MHADA. Ld. Advocate Vijay Sharma for defendant No.3. CORAM : K.P. KSHIRSAGAR JUDGE, (C.R.NO.08) DATE : 06/12/2022…

    Read Full Order
    Final Order 1Full order available
    06 Dec 2022

    Order Details: Notice of Motion Pdf Text: Daily Status IN THE COURT OF :COURT 08 ADDL SESSIONS JUDGE Case No. :NOTICE OF MOTION/0100380/2020 Pratibha Mahadev Bhojane Vs MHADA and Ors. Date : 06-12-2022 Business : None present for plaintiff. Adv Rashmika Lokhande present for defendant no. 03. Plaintiff in person preent. Adv Pathak h/f adv Kandekar present for defendant no. 01 &ampamp 02. F.R.S.R. following order is passed on Notice of Motion no. 380/2020: Order: 1) Notice of Motion no.…

    Read Full Order

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