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NOTICE OF MOTION

Ashtavinayak CreationsVsAshiqali Mohibali Nathani And Ors

CNR MHCC0100152620193-COURT 03 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--OTHER
Decision Date: 10th December 2021

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
100591/2019
Registration Date
07 Feb 2019

Advocates

1

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 20-03-2019
    Business: Representative of Plaintiff Present.
    Adv SK Jain for Plaintiff Present and filed registered NM 591/19 t.o.r Defendant no. 2-a Present.
    Copy of NM 591/19 supply to defendant no. 2-a.
    Adjd to 15/07/2019 for reply to N.M
    Next Purpose: REPLY
    Next Hearing Date: 15-07-2019
    
    Date: 15-07-2019
    Business: Adv for plaintiff Ms.Jain present
    Adv for deft no. 2A to 2C Mr.Gautam present
    Adv for plff requested for adjournment to filed reply
    O-Granted Lastly.
    Matter is Adjd for Reply 14/08/2019.
    Next Purpose: REPLY
    Next Hearing Date: 14-08-2019
    
    Date: 14-08-2019
    Business: P.O. is on Training.
    Next Purpose: REPLY
    Next Hearing Date: 10-10-2019
    
    Date: 10-10-2019
    Business: Adv for plaintiff Ms.Poonam Sharma present.
    Adv for deft no.2A to 2C Mr.Kanchanurkar present.
    Adv for deft no.2A to 2C requested for adjournment.
    O-Granted Lastly.
    Matter is Adjd for Reply to N/M to 29.11.2019.
    Next Purpose: REPLY
    Next Hearing Date: 29-11-2019
    
    Date: 29-11-2019
    Business: P.O. is on half day leave.
    Next Purpose: REPLY
    Next Hearing Date: 22-01-2020
    
    Date: 22-01-2020
    Business: Adv for plaintiff Mr.Jain present.
    Adv for deft no.2A to 2C Mr.Gautam Kanchanpurkar present.
    Adv for deft.no.2A to 2C  filed reply to N/M. T.O.R.
    Matter is Adjd for N/M Hearing to 11.02.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-02-2020
    
    Date: 11-02-2020
    Business: Representative of plaintiff present.
    Adv for deft no.2A to 2C Mr.Kanchanpurkar present.
    Representative of plaintiff stated that his advocate is died and he wants longer date. O-Adjournment Granted for today.
    Matter is Adjd for N/M 591/19 Hearing to 29.04.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-04-2020
    
    Date: 29-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-05-2020
    
    Date: 20-05-2020
    Business: NATIONAL LOCKDOWN
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-06-2020
    
    Date: 08-06-2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-06-2020
    
    Date: 15-06-2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-07-2020
    
    Date: 04-07-2020
    Business: National Lock-down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-08-2020
    
    Date: 21-08-2020
    Business: Lockdown
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-10-2020
    
    Date: 17-10-2020
    Business: Due to National Lockdown (Covid-19) all parties absent.                        Matter adjd to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-01-2021
    
    Date: 05-01-2021
    Business: Adv.Narendra Devvansh i/b Law Chamber of Siddharth Murarka for plff present.
    Adv. for deft absent.
    Vakalatnama filed by Law Chamber  of Sidharth Murarka t.o.r marked at Exh.6.
    On oral request of Adv.for plaintiff matter is adjourned.
    Adjd for  NM hearing on 12.02.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-02-2021
    
    Date: 12-02-2021
    Business: P.O. is on leave
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-04-2021
    
    Date: 09-04-2021
    Business: Adv. Rashi Shaikh for plaintiff is present.
    None for defendant.
    On oral request of Adv.for plaintiff matter adjourned for NM hearing.
    Matter adjd for NM hearing on 23.07.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-07-2021
    
    Date: 23-07-2021
    Business: Court is vacant.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-09-2021
    
    Date: 24-09-2021
    Business: PO is on leave in second session.
    Hence, Court is discharge.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-12-2021
    
    Date: 10-12-2021
    Business: Matter called out at 3.53 p.m.
    Adv. Narendra Devvansh for plaintiff present.  He tendered written submissions. TOR.
    Copy served to the defendant.
    Adv. G. T. Kanchanpurkar for Deft. No.2(a) to 2(c) present.
    Heard both the sides on NM No.591/19.
    Perused NM and reply.
    Plaintiff by way of present NM seeking attachment before judgment under Order 37 Rule 5 r/w Order 21 rule 58 of CPC.  Thereby, prayed for attachment of flat No.77, Miraj Residency, C wing, 5th floor, Jankalyan Nagar, Marve Road, Malad (W).
    The similar relief claimed by the plaintiff by NM No.3791/14 which was specifically rejected by my predecessor vide order dated 30.10.2018. Hence, nothing survive in the present NM.  Even otherwise also, defendant made a statement that they are not going to dispose of the aforesaid suit flat.   Therefore, in view of the above, I do not find any substance in the NM.  Hence, NM No.591/19 is rejected.
    Matter stands adjourned to 14.01.2022 for SJ hearing.
    Nature Of Disposal: OTHER
    Disposal Date: 10-12-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 101661/2019
    Filing Date: 07-02-2019
    First Hearing Date: 20th March 2019
    Decision Date: 10th December 2021
    Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    10 Dec 2021
    Order Details: Other
    Pdf Text: 10.12.2021
    Sr. No. 41
    SU 4252/13
    @SJ 341/15
    NM 591/19
    CORAM :- H.H.J. SHRI.A.H.LADDHAD (C.R. 03)
    Matter called out at 3.53 p.m.
    Adv. Narendra Devvansh for plaintiff present. He tendered written
    submissions. TOR.
    Copy served to the defendant.
    Adv. G. T. Kanchanpurkar for Deft. No.2(a) to 2(c) present.
    Heard both the sides on NM No.591/19.
    Perused NM and reply.
    Plaintiff by way of present NM seeking attachment before judgment under
    Order 37 Rule 5 r/w Order 21 rule 58 of CPC. Thereby, prayed for attachment
    of flat No.77, Miraj Residency, “C” wing, 5th floor, Jankalyan Nagar, Marve
    Road, Malad (W).
    The similar relief claimed by the plaintiff by NM No.3791/14 which was
    specifically rejected by my predecessor vide order dated 30.10.2018. Hence,
    nothing survive in the present NM. Even otherwise also, defendant made a
    statement that they are not going to dispose of the aforesaid suit flat.
    Therefore, in view of the above, I do not find any substance in the NM.
    Hence, NM No.591/19 is rejected.
    Matter stands adjourned to 14.01.2022 for SJ hearing.
    Judge
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