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NOTICE OF MOTION

Asha B. Shah and Anr.VsShashikant Vrujlal Shah and Ors.

CNR MHCC0100170120203-COURT 03 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 26th November 2021

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100658/2020
Registration Date
10 Feb 2020

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: 11-03-2020
Business: Adv. Unnadkat for plaintiff present and seeks time to file reply to NM no. 658/20. Time granted.
Adv. Yadav for defendant present and filed original Nm no.  658/20 along with affidavit. Copy served on other side.
Matter stands Adj for reply to 24.04.2020.
Next Purpose: REPLY
Next Hearing Date: 24-04-2020

Date: 24-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 15-05-2020

Date: 15-05-2020
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: REPLY
Next Hearing Date: 04-06-2020

Date: 04-06-2020
Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 83 of 2020 matter adjourned.
Next Purpose: REPLY
Next Hearing Date: 22-06-2020

Date: 22-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 29-09-2020

Date: 29-09-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 27-11-2020

Date: 27-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 18-01-2021

Date: 18-01-2021
Business: Advocate Pankaj Shah for plaintiff present and seeks time to file reply.
Time is granted.
None for defendant.
The case is adjourned to 18.02.2021  for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-02-2021

Date: 18-02-2021
Business: Advocate Pankaj Shah for plaintiff present and filed reply in NM No.658/20. TOR.
Copy given to advocate for defendant no.2.
Advocate Roshan Yadav for defendant no.2 present.
Advocate for Plaintiff also tendered draft chamber summons along with affidavit in support. T.O.R. Leave is granted to register Chamber Summons. R/o 05.04.2021.
He undertakes to serve Ch/s on defendants.
The case is adjourned to 05.04.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-04-2021

Date: 05-04-2021
Business: None present.
The case is adjourned to 16.06.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-06-2021

Date: 16-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-08-2021

Date: 03-08-2021
Business: Court is vacant.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-10-2021

Date: 01-10-2021
Business: Matter called out at 3.36 p.m.
Adv. Pankaj Shah for plaintiff present. He tendered original CS No. 478/21. TOR.
He also tendered affidavit of service.
Adv. Roshan Yadav for Deft. No.2 present.
Heard both the sides.
Perused CS.
The Deft. No.1 expired on 08.09.2020, i.e. during suspension period of limitation.  Moreover, the suit is for partition.  The plaintiff wanted to bring LRs of Deft. No.1 on record. Hence, looking to the aforesaid fact, I am of the view, to allow the plaintiff to carry out necessary amendment.
Thus, I proceed to pass the following order
1.   CS allowed in terms of prayer clause (a) and (b)
2.    Plaintiff to carry out necessary amendment as per schedule within a period of 14 days from the date of order.
3.    Plaintiff to bear cost of CS.
4.    CS is disposed of accordingly.
Matter stands adjourned to 06.10.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-10-2021

Date: 06-10-2021
Business: Matter called out at 5.43 p.m.
Adv. Pankaj Shah for plaintiff present. Plaintiff served copy of amended plaint to the Deft. No.2.
He also tendered notice to produce original agreement issued by them to the Defendant alongwith the affidavit.  Exh.12
O-Defendant to file say.
Adv. Roshan Yadav for Deft. No.2 present.
Deft No.2 seeking time to file reply on the notice to produce original agreement.
Matter stands adjourned to 08.11.2021 for reply.
Next Purpose: REPLY
Next Hearing Date: 08-11-2021

Date: 08-11-2021
Business: Matter called out at 5.32 p.m.
Adv. Pankaj Shah I/b P. M. Shah for plaintiff present.
He tendered service affidavit of amended plaint upon Deft. No.1(a), 1(b), 1(c), 2, 3 and 4. TOR.
Adv. Rajesh Talekar for Deft. no.1 present.
Adv. Roshan Yadav for Deft. No.2 present.
Heard both the sides on NM No.658/20.
Matter stands adjourned to 25.11.2021 for NM orders.
Next Purpose: NM  ORDERS
Next Hearing Date: 25-11-2021

Date: 25-11-2021
Business: Matter called out at 3.31 p.m.
None presnet for plaintiff.
Adv. Rahul Chaubey h/f Roshan Yadav for Deft. No.2 present.
Matter stands adjourned to 26.11.2021 for NM orders.
Later on at 3.38 p.m.
Adv. Pankaj Shah for plaintiff present.
Already adjourned to 26.11.2021.
Next Purpose: NM  ORDERS
Next Hearing Date: 26-11-2021

Date: 26-11-2021
Business: None present.
Following F.R.S.R. order is passed in NM No.658/2020.
ORDER
1.   Notice of Motion No.658/2020 is dismissed.
2.   Costs in cause.
3.   Notice of Motion is disposed of accordingly.
Matter stands adjourned to 20.12.2021 for WS.
Nature Of Disposal: DISMISSED
Disposal Date: 26-11-2021

Additional Case Details

Additional Case Details
Filing Number: 101735/2020
Filing Date: 10-02-2020
First Hearing Date: 11th March 2020
Decision Date: 26th November 2021
Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE

Orders

1
Final Order 1Full order available
26 Nov 2021

Order Details: Notice of Motion Pdf Text: 1 NM 658/20(Suit 3952/12) IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI NOTICE OF MOTION NO.658/2020 (CNR NO.MHCC010017012020) IN S.C. SUIT NO. 3952/2012 1. Asha Bipinchandra Shah 2. Nikesh Bipinchandra Shah 3. Sahil Bipinchandra Shah ...Plaintiffs V/s. 1. Shashikant Vrujlal shah 2. Rasilaben Jawaharlal Shah 3. Harshadbhai Vrujlal Shah 4. Dinesh Vrujlal Shah .. Defendants. Appearances : Adv. Pankaj Shah i/b P. M. Shah for plaintiff. Adv. Rajesh Talekar for defendant no.1.…

Read Full Order

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