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NOTICE OF MOTION

Mr. Mohan Lazar Peter and Ors.VsSunita Ramesh Bherwani and Ors.

CNR MHCC0100170420209-COURT 09 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 18th February 2021

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100661/2020
Registration Date
10 Feb 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: 11-03-2020
    Business: Advocate for Plaintiff present
    Advocate for Defendants present and filed vakalatnama, t.o.r.
    Court is busy in hearing urgent matter and court has to dictate Judgment in suit no.569/05, hence case is adjourned to 13/03/2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-03-2020
    
    Date: 13-03-2020
    Reason For Adjournment: court time is over
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 14-03-2020
    
    Date: 14-03-2020
    Reason For Adjournment: court time is over
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 02-04-2020
    
    Date: 02-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 24-04-2020
    
    Date: 24-04-2020
    Business: National Lock down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 04-06-2020
    
    Date: 04-06-2020
    Business: Case is adjd.to 22.06.20 in view of extension of Lockdown period as per office order no.83/20 dtd.01.06.20
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 22-06-2020
    
    Date: 22-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 19-08-2020
    
    Date: 19-08-2020
    Business: Due to covid-19 pandemic and lockdown
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 21-10-2020
    
    Date: 21-10-2020
    Business: None present for Plaintiffs.
    None present for Defendants.
    Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 22/01/2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 22-01-2021
    
    Date: 22-01-2021
    Business: Adv Mr. B.S. Mishra for plff. present and tendered regsise NM 661/2020.
    Adv Ms. Shashikala Mahmuni h/f Adv Mr. Kadu for defendants present and seeks adjournment. Ld. Advocate for plff submitted that already several chances are granted for filing reply. Considering the present pandemic codition, last chance is granted to deft to file reply. Advocate for deft seeks last chance hence, matter is adjd. for reply to 10.02.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 10-02-2021
    
    Date: 10-02-2021
    Business: Adv Mr. Mishra for plff present.
    Adv Ms. Mahamuni for deft Nos.1 and  2 present and filed two draft notice of motion on behalf of deft Nos.1 and  2 for condonation of delay along with affidavits in support. Proposed written statements of defts are produced on record. O-Leave to register is granted.
    She also filed pursis at Exh.3 that written statements filed today may be treated as reply of defts to plff’s notice of motion. O- Seen. Plff to note.
    It is made clear that the written statement is taken on record at this stage as reply of defts to NM and if the notice of motion for condonation of delay taken out by defts are allowed, their written statements will be accepted in the form of pleading in Suit.
    Matter is adjd. for NM hearing and reply to 15.02.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 15-02-2021
    
    Date: 15-02-2021
    Business: Adv Mr. Mishra for plff present.
    Adv Ms. Shashikala Mahamuni for deft present and tendered registered Nm No. 446/2021 along with affidavit in support on behalf of deft No.1. She also tendered registered NM No.447/2021 along with affidavit in support on behalf of deft No.2. Advocate for the plff seeks time to file reply to those NM.
    Advocate for deft Nos.1 and 2 submitted that unless the NM for delay condonation filed by deft Nos.1 and 2 are decided, the written statement of those defts will not be considered hence, hearing in NM No.661/2020 shall be adjourned. It is brought to her notice that as per the roznama dt.10.02.2021, the written statements filed on record by the defts have been considered as reply of defts to NM No.661/2020. She requested to keep back the matter by submitting that advocate on record Mr. Kadu will make further submissions in that regard.
    K.B.
    L.O.
    Adv Mr. Mishra for plff present.
    Adv.Mr. Kadu for deft Nos.1 and 2 present.
    Arguments of both the sides heard in NM No.661/2020.
    For want of time, matter is adjd. for order on NM No.661/2020 to 18.02.2021.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 18-02-2021
    
    Date: 18-02-2021
    Business: Adv Mr. Mishra for plff present and filed affidavits in reply in NM No.446/2021 and 447/2021.
    He also filed affidavit of service of writ of summons on the defts.
    Adv Mr. Kadu for deft Nos.1 to 3 present. Copies of reply served on advocate for deft Nos.1 to 2.
    Heard  arguments of both sides in NM No.446/2021 and 447/2021.
    Matter kept back for orders.
    L.O.
    F.R.S.R. following order is passed in N.M. No.661/2020.
                       ORDER
           Notice of Motion No. 661 of 2020 is allowed.
         Pending final disposal of the suit, defendant Nos.1 and 2 are hereby temporarily restrained from creating third party interests in  the suit premises in any manner.
                                    ----
    F.R.S.R. following order is passed in N.M. No.446/2021.
                       ORDER
             Notice of Motion No. 446 of 2021 is allowed in terms of prayer clause “a”.
                                   ----
    F.R.S.R. following order is passed in N.M. No.447/2021.
                       ORDER
             Notice of Motion No. 447 of 2021 is allowed in terms of prayer clause “a”.
                                  -----
    Written statement of defendant No.1 is at Exh.4 & 5. O- R & R.
    Defendant No.3 failed to file written statement, hence suit to proceed without written statement against Deft No.3.
                                  ----
    Matter is adjd. for draft issues to 05.05.2021.
    Nature Of Disposal: ALLOWED
    Disposal Date: 18-02-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 101222/2020
    Filing Date: 10-02-2020
    First Hearing Date: 11th March 2020
    Decision Date: 18th February 2021
    Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 2Full order available
    18 Feb 2021

    Order Details: Notice of Motion Pdf Text: 1 Notice of Motion 661-2020 in SCSU 46-2020 IN THE CITY CIVIL COURT AT MUMBAI NOTICE OF MOTION NO.661 OF 2020 (CNR No.MHCC01-001704-2020) IN SHORT CAUSE SUIT NO.46 Of 2020 (CNR No.MHCC01-013000-2019) 1. Mr. Mohan Lazer Peter } Age : 62 years, Occ.: Business, } 2. Cathreena Lazer Peter, } Age : 66 years, Occ.: Retired, } Both R/o.11/A, Shgankar Sheth Road, } ''Gulshan Mahal'', Opp Rohidas Garden, } Pune-411 048. } 3.…

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    Final Order 1Full order available
    18 Feb 2021

    Order Details: Other Pdf Text: 18/02/2021 CORAM : H.H.J. SHRI P.P.RAJVAIDYA (C.R. NO.09) SU 46/2020 Exh. 4 & 5 Adv Mr. Mishra for plff present and filed affidavits in reply in NM No.446/2021 and 447/2021. He also filed affidavit of service of writ of summons on the defts. Adv Mr. Kadu for deft Nos.1 to 3 present. Copies of reply served on advocate for deft Nos.1 to 2. Heard arguments of both sides in NM No.446/2021 and 447/2021. Matter kept…

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