NOTICE OF MOTION
Chunilal Bhajanlal AgarwalVsShilpa Eknath Sonsurkar And Ors
CNR MHCC01002061201966-COURT 66 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHER
Decision Date: 25th July 2022
TrustJury record updated 19 Sept 2026
Case Overview
- Registration Number
- 100790/2019
- Registration Date
- 25 Feb 2019
Advocates
2For Petitioner
For Respondent
Parties
2Petitioner
Respondent
Acts & Sections
1Protection of Women from Domestic Violence Act · Sec 9
Case History / Proceedings
Case History
Date: 09-04-2019 Business: Adv. Ms. Vijaya Tamhane for Plaintiff Present and filed original registered N.M No. 790/19 T.O.R. Defendant no. 2 Present and her adv. absent. Defendant no. 2 seeks time to file reply on N.M. Adv. for Plaintiff served copy of N.M for other defendants. Adjd to 23/07/2019 for reply to N.M. 790/19 and service Next Purpose: REPLY Next Hearing Date: 23-07-2019 Date: 23-07-2019 Business: Matter called out (3.06pm) Adv.for plaintiff present. Defendant no.2 in person present. Defendant no.2 requested for time to file reply to notice motion NO.790/19. Time granted. Matter adj for reply on N/M No.790/19 on 29/07/19 Next Purpose: NM REPLYREJOINDER Next Hearing Date: 29-07-2019 Date: 29-07-2019 Business: Matter called out (2.52pm) Adv.Rubin Vakil for plaintiff present. Adv. Shamim h/d Sanket for defendant no.1 to 4 filed reply. Copy supply to other side. At his request matter adj. Matter adj for reply on N/M No.790/19 on 02/08/19. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 02-08-2019 Date: 02-08-2019 Business: Matter called out (4.07pm) Adv.Rubin Vakil for plaintiff present. Adv.Sanket Mungale for defendant no.2 to 4 present. Plaintiff seeking time to file affidavit of service of suit summons as well as notice of motion. Matter adj for compliance on 26/08/19. Next Purpose: COMPLIANCE Next Hearing Date: 26-08-2019 Date: 26-08-2019 Business: Matter called out(4.02pm) Adv.Vijaya Tamhane for plaintiff present. Adv.Sanket Mungale for defendant no.2 to 4 present. Advocate for plaintiff filed Affidavit of service alongwith the return envelope. As per affidavit only defendant no.10 (a) to 10(d), Def.no.19(a),19(c) and 19(d) and Def.no.15(e),15(f) are served. The plaintiff advocate seeking time to take appropriate steps to serve the other defendants in respect of present N/M No.790/19 and also to serve the writ of summons to the legal heirs of deceased defendant. Time granted. By consent of both the parties plaintiff is allow to serve notice of motion by paper publication on the unserve defendants in two newspaper. Matter adj for taking steps on 04/11/19. Next Purpose: FOR TAKING STEPS Next Hearing Date: 04-11-2019 Date: 04-11-2019 Business: Matter called out(3.28pm) Adv.Vijaya Tambare for plaintiff present. Defendant no.2 present. Adv.Sanket Mungale for defendant no.2 to 4 present. Plaintiff seeking time to file service affidavit. Matter is adj to 13/12/19 for taking steps. Next Purpose: FOR TAKING STEPS Next Hearing Date: 13-12-2019 Date: 13-12-2019 Business: Court is busy in recording of evidence of Suit No.7247 of 2004. Adv.Vijaya Tambare for plaintiff present. Adv.Shilpa Sonsakar for defendant no.2 to 4 present. Matter is adj to 30/01/2020 for taking steps. Next Purpose: FOR TAKING STEPS Next Hearing Date: 30-01-2020 Date: 30-01-2020 Business: Matter is called out at 2.52pm Adv.Vijaya Tamhare for plaintiff present. Defendant no.2 in person present. Adv.Sanket Mungale for defendant no.2 to 4 present. Adv.A.P. for defendant no.17 present. Plaintiff advocate filed service affidavit along with return envelope. (Exh-9) T.O.R. Plaintiff filed original writ of summons. (Exh-10) T.O.R Defendant no.16(d) and 16(e) are serve hence matter to proceed ex-parte them. Adv.A.P.Sabnis i/b S.B.Prabhavalkar for defendant no.17 seeking time to verify VP. Plaintiff filed application for substitute service upon the defendant except def.no.2 to 4, 16(d), 16(e) and 17.(Exh-11) Order- Allowed. Matter is adj to 02/04/2020 for filing service report. Next Purpose: SERVICE Next Hearing Date: 02-04-2020 Date: 02-04-2020 Reason For Adjournment: National Lock Down Next Purpose: SERVICE Next Hearing Date: 04-06-2020 Date: 04-06-2020 Business: Case is adjd in view of declaration of Novel Corona Virus (COVID 19) Next Purpose: SERVICE Next Hearing Date: 22-06-2020 Date: 22-06-2020 Business: In view of the advisory to subordinate courts and office order no. 92 /2020 of Hon\''ble Principal Judge, Bombay City Civil Court in the back drop of outbreak of Novel Coronavirus (COVID-19) the matter is adjourned. Adjd to 22.07.2020 for Service Next Purpose: SERVICE Next Hearing Date: 22-07-2020 Date: 22-07-2020 Business: In view of the advisory to subordinate courts and office order dtd. 30.06.2020 of Hon''ble Principal Judge, Bombay City Civil Court in the back drop of outbreak of Noval Coronavirus (COVID -19) the matter is adjourned. Next Purpose: SERVICE Next Hearing Date: 19-08-2020 Date: 19-08-2020 Business: In view of the advisory to subordinate courts and office order dtd. 30.06.2020 of Hon\''ble Principal Judge, Bombay City Civil Court in the back drop of outbreak of Noval Coronavirus (COVID -19) the matter is adjourned. Next Purpose: SERVICE Next Hearing Date: 08-10-2020 Date: 08-10-2020 Business: In view of the Standard Operating Procedure laid down by Hon''ble Bombay High Court vide circulars dtd. 03.06.2020, 05.09.2020, 10.09.2020 in the wake of spread of COVID-19 pandemic the matter is adjourned owing to absence of the parties. Next Purpose: SERVICE Next Hearing Date: 03-12-2020 Date: 03-12-2020 Business: Pursuant to office order No. 166/2020 dtd. 27.11.2020 of Hon\''ble Principal Judge City Civil and Sessions Court, Greater Bombay in view of standard operating procedure (SOP) dtd. 27.11.2020 of Hon\''ble Bombay High Court, after taking into account the present situation of COVID-19 pandemic, the matter is adjourned owing to absence of the parties. Adjd to 21.01.2021 for service report. Next Purpose: SERVICE Next Hearing Date: 21-01-2021 Date: 21-01-2021 Business: Adv. Vijaya Tamhane for plaintiff present. Pursuant to office order No. 166/2020 dtd. 27.11.2020 of Hon\''ble Principal Judge City Civil and Sessions Court, Greater Bombay in view of standard operating procedure (SOP) dtd. 27.11.2020 of Hon\''ble Bombay High Court, after taking into account the present situation of COVID-19 pandemic, the matter is adjourned owing to absence of the party. Adjd to 18.02.2021 for service. Next Purpose: SERVICE Next Hearing Date: 18-02-2021 Date: 18-02-2021 Business: Adv. Ms. Tamhane for plaintiff present. None for defendants. Ld. Adv. for the plaintiff submits that due to ongoing pandemic situation longer date be given for service because there are 66 defendants. On oral request of Ld. Adv. for plaintiff matter is adjourned. Adjd to 15.04.2021 for service. Next Purpose: SERVICE Next Hearing Date: 15-04-2021 Date: 15-04-2021 Business: Declared as holiday. Next Purpose: SERVICE Next Hearing Date: 28-06-2021 Date: 28-06-2021 Date: 27-08-2021 Business: Adv.Vijaya Tamhane for plaintiff present. Adv. Sanket Mungale for defendant No. 1 to 4 present. Adv. for deft No. 5 to 7 present. Sheristedar stated that the file not found. Concerned clerk to search the file and put up before me after file is searched. Time extended to serve writ of summons to defendants not served. Plaintiff to take note that incase the steps to serve writ of summons is not taken against the defts who are not served the suit will be dismissed on next date. Adjd for service to 05/10/2021 Next Purpose: SERVICE Next Hearing Date: 05-10-2021 Date: 05-10-2021 Business: Adv. Vijaya Tamhane for plaintiff present. Affidavit of service filed by adv. For plaintiff along with writ of summons. t.o.r. Sheristedar/interpreter is directed to verify the service of writ of summons to the defendants, number of defendants appeared and the defendants against whom no WS/exparte orders are to be passed and submit the Written report accordingly before next date. Adjd for NM hearing to 29/10/2021 Next Purpose: NM FOR HEARING Next Hearing Date: 29-10-2021 Date: 29-10-2021 Business: None present for both parties when called at 2.56 pm Present Sheristedar did not submit the report of verification of service to defendants. The present sheristedar to verify the same and report on or before next date. Adjd for NM hearing to 20/11/2021 Next Purpose: NM FOR HEARING Next Hearing Date: 20-11-2021 Date: 20-11-2021 Business: Dt.20/11/2021 Suit 5981/06 NM 790/19 IN THE COURT OF H.H.J. SMT. S. S. NAGUR JUDGE CITY CIVIL COURT C.R. NO. 04 Adv. Vijaya Tamhere for plaintiff is present and seeking adjourned. Granted as last chance. Adjd to 20/12/2021 for argument. Next Purpose: ARGUMENTS Next Hearing Date: 20-12-2021 Date: 20-12-2021 Business: Adv. Vijaya Tamhane for plaintiff present. Adjd for NM arguments to 21/01/2022 Next Purpose: NM ARGUMENTS Next Hearing Date: 21-01-2022 Date: 21-01-2022 Business: As per office order no. 07 of 2022 and 03 of 2022 only urgent matters are to be taken up for hearing therefore matter is adjourned for NM arguments to 05/03/2022 Next Purpose: NM ARGUMENTS Next Hearing Date: 05-03-2022 Date: 05-03-2022 Business: Adv. Vijaya Tamhane for plaintiff present. Adv. Sanket Mungale for defendant No. 1 to 4. Adv. For defendant No. 1 to 4 filed an application for impounding original agreement of sale dt. 30.10.1978. O- Other side to file reply. Adv. For defendant No. 1 to 4 stated that as witness of plaintiff is going to come to Mumbai, instead of Gujarat cross examination can be conducted in Mumbai hence they have no objection. Both the parties have stated that advocate Shri Ashish Naik be appointed as Court Commissioner to record cross examination of PW-1 Sheristedar stated that the Notice of motion No. 790/19 is not being searched. Sheristedar to get the paper search and put up before me on next date for NM orders. Adjd for reply of plaintiff/NM orders to 22/03/2022 Next Purpose: REPLY Next Hearing Date: 22-03-2022 Date: 22-03-2022 Business: None present. Adjd for NM arguments to 27/04/2022 Next Purpose: NM ARGUMENTS Next Hearing Date: 27-04-2022 Date: 27-04-2022 Business: Dt.27/04/2022 Suit 5981/06 Nm 790/19 IN THE COURT OF H.H.J. SMT. S. S. NAGUR JUDGE CITY CIVIL COURT C.R. NO. 66 None present. Matter is adjd for NM argument on. 12-07-2022. Next Purpose: NM ARGUMENTS Next Hearing Date: 12-07-2022 Date: 12-07-2022 Business: Adv. Vijaya Tamane for plaintiff present. None for defendant no. 1 to 4. NM No. 790/19 is traced out . Hence, it is kept for hearing. Matter is adjd.to 25-07-2022 for NM Hrg. Next Purpose: NM ARGUMENTS Next Hearing Date: 25-07-2022 Date: 25-07-2022 Business: Adv. Vijaya Tamane for plaintiff present. Adv. Sanket Mungle for defendant no. 2 to 4 present. Heard both sides in NM No. 790/19 With consent of both sides, NM No. 790/19 is made absolute in terms of prayer clause (a) with variation as to the place of recording evidence as Mumbai. With consent of both sides Adv. Ashish Naik is appointed as Court Commissioner for recording evidence of PW - 1 Chunnilal Bhajanlal Agrawal at Mumbai. The plaintiff shall bear expenses/necessary legal fees of the Court Commissioner. Writ be issued accordingly. The proceeding of NM No. 790/19 is closed. Matter is adjd.to 22-09-2022 for Commissioner report/compliance. Nature Of Disposal: OTHER Disposal Date: 25-07-2022
Additional Case Details
Additional Case Details
Filing Number: 102256/2019 Filing Date: 25-02-2019 First Hearing Date: 09th April 2019 Decision Date: 25th July 2022 Court Number And Judge: 66-COURT 66 ADDL SESSIONS JUDGE
Orders
1Final Order 125 Jul 2022
25 Jul 2022
Order Details: Other Pdf Text: Back Daily Status IN THE COURT OF :COURT 66 ADDL SESSIONS JUDGE Case No. :NOTICE OF MOTION/0100790/2019 Chunilal Bhajanlal Agarwal Vs Shilpa Eknath Sonsurkar And Ors Date : 25-07-2022 Business : Adv. Vijaya Tamane for plaintiff present. Adv. Sanket Mungle for defendant no. 2 to 4 present. Heard both sides in NM No. 790/19 With consent of both sides, NM No. 790/19 is made absolute in terms of prayer clause (a) with variation as to the place of recording evidence as Mumbai. With consent of both sides Adv. Ashish Naik is appointed as Court Commissioner for recording evidence of PW - 1 Chunnilal Bhajanlal Agrawal at Mumbai. The plaintiff shall bear expenses/necessary legal fees of the Court Commissioner. Writ be issued accordingly. The proceeding of NM No. 790/19 is closed. Matter is adjd.to 22-09-2022 for Commissioner report/compliance. Nature of Disposal : OTHER Disposal Date : 25-07-2022 COURT 66 ADDL SESSIONS JUDGE -- 1 of 1 --
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