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NOTICE OF MOTION

Mr. Rupchand Raghoji Bhujbal - Suit No.1092 of 2020VsM/s. Mahtaney Estates and Properties

CNR MHCC0100222420198-COURT 08 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHERWISE
Decision Date: 19th October 2022

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
100840/2019
Registration Date
26 Feb 2019

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: 28-02-2019
    Reason For Adjournment: court time is over
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 25-04-2019
    
    Date: 25-04-2019
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 05-07-2019
    
    Date: 05-07-2019
    Business: Adv. Kharatmol for the Plaintiff present.
    Adv. Shenoy for Defendant no. 2 present.
    Adv. Suma for Defendant no. 4 present.
    Original registered N/M No. 1761/19 alongwith affidavit in support tendered by Defendant no. 2 . t.o.r.
    There has occurred delay in filing reply to N/M of the Plaintiff. Perused affidavit in support of this N/M. Considering reason stated for causing delay to file reply to N/M of the Plaintiff and in order to decide N/M of the Plaintiff on merits by giving opportunity to Defendant no. 2 to file reply. It is just and proper in the interest of justice to allow this N/M. Hence, I procceed to pass the following order.
    Order
    1.  Notice of Motion no 1761/19 is made absolute in terms of prayer clause (a) and (b)
    2.  Defendant no. 2 is directed to file reply to N/M no. 840/19.
    3.  Accordingly Notice of Motion no. 1761/19 stands disposed of.
    In view of order passed N/M no. 1761/19, reply of Defendant no. 2 to N/M no. 840/19 be taken on record.
    Reply to N/M no. 840/19 tendered by Defendant no. 2. t.o.r.
    Matter is adjd. to 23.09.2019 for N/M hearing.
    LO at 3.20p.m.
    From department, it is pointed out there is no compliance of all objection, there is no leave obtained from the court u/s 80(2) of CPC. Hence suit is not registered.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-09-2019
    
    Date: 23-09-2019
    Business: Adv. Kharatmol for the Plaintiff present.
    Adv. Ms. Annapurna Ranawat for Defendant-4 present.
    Defendant no. 2 present.
    Application for leave u/s 80 (2) tendered by the Plaintiff. t.o.r. Considering urgency in the matter, leave is granted as prayed for.
    The Plaintiff is directed to register the suit without fail, within 8 days from today.
    On registration of the suit, issue writ of summons to the defts No.1 and 3 on payment of process fee through bailiff of sheriff office and simultaneously by RPAD post or speed post.
    Matter is adjd. to 10.12.2019 for reply to N/M by Defendant nos. 2 and 4 and WS by the defts.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 10-12-2019
    
    Date: 10-12-2019
    Business: Adv. Khartmol Plaintiff is present.
    Adv. Virendra Pande for defendant no. 4 is present. He seeks time for tendering reply.  O Granted as a last chance.
    Representative of Defendant no.2 is present.
    Matter is adjourned for reply/proof of service  to 23/01/2020.
    Next Purpose: REPLY
    Next Hearing Date: 23-01-2020
    
    Date: 23-01-2020
    Business: As court is busy in dictating order in Ch/S No.219/2018 of Suit No.529/2014 and hearing of other matters on board. Hence board is discharged.
    By consent matter is adjd. to 11/03/2020.
    Next Purpose: REPLY
    Next Hearing Date: 11-03-2020
    
    Date: 11-03-2020
    Business: Adv. Mr. Kharatmol for the Plaintiff present.
    Adv. Arvind Taral for Defendant no. 2 present.
    Adv. Harshad Mittal for defendant No. 4 present and he filed reply to N/M no. 840/2019. t.o.r.
    Matter is adjd. to 30.04.2020 for N/M hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-04-2020
    
    Date: 30-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-05-2020
    
    Date: 21-05-2020
    Business: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-06-2020
    
    Date: 09-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-09-2020
    
    Date: 05-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-09-2020
    
    Date: 21-09-2020
    Business: Due to Lockdown because of Covid-19, board is discharged and
    as per SOP only urgent matters are taken up.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-01-2021
    
    Date: 18-01-2021
    Business: Both the parties and their advocates are absent.
    Matter is adjd. to 24/03/2021 for NM hearing.
    L.O.
    Adv. Mr. Arvind Taral for the defendant no.2.
    Matter is already adjd. to 24/03/2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-03-2021
    
    Date: 24-03-2021
    Business: Adv. Mr. Anil Kharatmal for the plaintiff.
    Adv. Sidharth Shenoy for the defendant No.2.
    Adv. Mr. Trivedi for the defendant No.4.
    Plaint
    Vakalatnama
    Memorandum of address in plaint.
    List of documents in plaint.
    Vakalatnama filed by advocate for the defendant No.2.
    Order- Advocate for defendant No.2 undertakes to file no objection or notice to be issued to the advocate on record. His VP is accepted subject to his said statement.
    Defendant No.1 has filed to file reply to NM. Hence, the NM to proceed without reply against defendant No.1.
    Matter is adjd. to 22/06/2021 for compliance/NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-06-2021
    
    Date: 22-06-2021
    Business: None for plaintiff.
    Adv. Mr. Sidharth Shenoy for the defendant No.2 present.
    Adv. Mr. Trivedi for the defendant No.4 present.
    Draft NM along with affidavit in support of NM tendered by advocate for the defendant No.2. O-  Leave to register NM is granted.
    Defendants No. 1,3 and 4 have failed to file reply to NM No.840/2019. Hence, NM No.840/2019 to proceed without reply.
    Matter is adjd. to 19/07/2021 for NM NO.840/2019 hearing/ tendering registered NM.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-07-2021
    
    Date: 19-07-2021
    Business: Adv. Mr. Anil Khartmal for the plaintiff present.
    Adv. Shenoy for the defendant No.2 is present.
    Adv. Mr. Trivedi for the defendant No.4 is present.
    Advocate for the defendant No.2 tendered registered N/M No.1443/2021 along with affidavit in support. t.o.r.
    Matter is adjd. to 18/08/2021 for NM 840/2019 for argument.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-08-2021
    
    Date: 18-08-2021
    Business: Adv.  Anil Kharatmal for plaintiff present.
    Adv. Trivedi for defendant  No.4 present.
    Matter is adjd. to  05/10/2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    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 26/10/2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-10-2021
    
    Date: 26-10-2021
    Business: Adv. Kharatmol for plaintiff present.
    Adv. Mr. Trivedi for defendant No.4 present.
    Representative of defendant No.2 present.
    Court busy in dictating order in NM No.  (SU No.1301/2021). Therefore, matter is adjourned.
    Matter is adjd. to 07/12/2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-12-2021
    
    Date: 07-12-2021
    Business: Adv Mr.Kharatmol present for the plaintiff.
    Adv Shenoy present for the defendant no.2
    He filed WS TOR
    Adv Trivedi present for the defendant no.3
    Matter is adjd. to 04.03.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-03-2022
    
    Date: 04-03-2022
    Business: (As per order of Hon\''ble Principal Judge dtd.25/2/22, matter is reassigned to this court.)
    Adv. Mr. Anil Kharmol for plaintiff is present.
    Adv. Mr. Vishal Trivedi for defendant No. 4 is present.
    None present for other defendants.
    AS per request advocate for plaintiff matter adjourned.
    Matter adjourned for NM hearing to 19.04.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-04-2022
    
    Date: 19-04-2022
    Business: Adv. Anil kharatmol present for plaintiff and sought adjournment.
    Adv. Trivedi present for defendant 04.
    None present for defendant no. 01 to 03.
    Matter adjourned for nm hrg. To 08/06/22.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-06-2022
    
    Date: 08-06-2022
    Business: Adv. Anil kharatmol present for plaintiff.
    Adv. Trivedi present for defendant 04.
    Adv. Shenoy present for defendant 02.
    kb
    l.o. at 03.49 pm.
    Adv. Atharv Dandekar present for the defendant no. 02.
    Heard arguments of ld. Adv. For plaintiff and ld adv. For defendant no. 02 and 04. The defendant no. 01 and 03 are absent and therefore they could not be heard.
    Matter adjourned for order on nm no. 840/2019 to 09/06/22.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 09-06-2022
    
    Date: 09-06-2022
    Business: None present for plaintiff.
    Adv. Ayanapure present for defendant 02.
    Adv. Bhandari hf adv. Trivedi present for defendant 04/SRA.
    F.R.S.R. following order is passed on Notice Of Motion No. 840/2019.
    1) Notice of Motion No. 840/2019 is dismissed.
    2) Notice of Motion No. 840/2019  is disposed off accordingly.
    Authenticated copy of Roznama be given to both the parties if
    requested.
    Matter adjourned for proof of service of writ of summons/service of writ of summons to 27/07/22.
    Next Purpose: SERVICE
    Next Hearing Date: 27-07-2022
    
    Date: 27-07-2022
    Business: None present for plaintiff.
    Adv. Trivedi present for defendant 04.
    None present for other defendants.
    As plaintiff and his adv. are absent, Matter adjourned for proof of service of writ of summons/service of writ of summons to 24/08/22.
    Next Purpose: SERVICE
    Next Hearing Date: 24-08-2022
    
    Date: 24-08-2022
    Business: Adv. Shilpa sharma hf adv. Anil kharatmol present for plaintiff requested to issue fresh writ of summons to the defendants.
    Adv. Trivedi present for defendant 04/SRA.
    Issue fresh writ of summons to the defendants as per rules.
    Matter adjourned for service of writ of summons to 12/10/22.
    Next Purpose: SERVICE
    Next Hearing Date: 12-10-2022
    
    Date: 12-10-2022
    Business: As P. O. is on leave, matter is adjd.
    Next Purpose: SERVICE
    Next Hearing Date: 19-10-2022
    
    Date: 19-10-2022
    Business: By Praciepe Adv. Anil Kharatmol present for plaintiff and tendered application for withdrawal of suit unconditionally. t.o.r. marked as Exh. 06 . Plaintiff is present in person and submitted that plaintiff is withdrawing the suit unconditionally. Adv. Trivedi present for defendant 04. Order on Exh. 06. Order- Perused the application and record. Plaintiff is present and identified by the Adv. Anil kharatmol. Plaintiff want to withdraw the suit unconditionally. Plaintiff is master of his case. Therefore, permission to withdraw the suit unconditionally as prayed is granted. Plaintiff and advocate of plaintiff submitted to dispose off the suit as withdrawn unconditionally. Hence, suit is disposed off as withdrawn unconditionally. Proceeding is closed.
    As the suit is disposed off as withdrawn nm no. 840/19 does not survives. Hence nm no. 840/2019 also disposed off accordingly.
    Nature Of Disposal: OTHERWISE
    Disposal Date: 19-10-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 101863/2019
    Filing Date: 26-02-2019
    First Hearing Date: 28th February 2019
    Decision Date: 19th October 2022
    Court Number And Judge: 8-COURT 08 ADDL SESSIONS JUDGE

    Orders

    3
    Final Order 2
    19 Oct 2022
    Order Details: Notice of Motion
    Pdf Text: Daily Status
    IN THE COURT OF :COURT 08 ADDL SESSIONS JUDGE
    Case No. :NOTICE OF MOTION/0100840/2019
    Mr. Rupchand Raghoji Bhujbal - Suit No.1092 of 2020 Vs M/s. Mahtaney Estates and Properties
    Date : 19-10-2022
    Business : By Praciepe Adv. Anil Kharatmol present for plaintiff and
    tendered application for withdrawal of suit unconditionally.
    t.o.r. marked as Exh. 06 . Plaintiff is present in person and
    submitted that plaintiff is withdrawing the suit
    unconditionally. Adv. Trivedi present for defendant 04.
    Order on Exh. 06. Order- Perused the application and
    record. Plaintiff is present and identified by the Adv. Anil
    kharatmol. Plaintiff want to withdraw the suit
    unconditionally. Plaintiff is master of his case. Therefore,
    permission to withdraw the suit unconditionally as prayed is
    granted. Plaintiff and advocate of plaintiff submitted to
    dispose off the suit as withdrawn unconditionally. Hence,
    suit is disposed off as withdrawn unconditionally.
    Proceeding is closed. As the suit is disposed off as
    withdrawn nm no. 840/19 does not survives. Hence nm no.
    840/2019 also disposed off accordingly.
    Nature of Disposal : OTHERWISE
    Disposal Date : 19-10-2022
    COURT 08 ADDL SESSIONS JUDGE
    -- 1 of 1 --
    Interim Order 1Full order available
    09 Jun 2022

    Order Details: Notice of Motion Pdf Text: 1 NM NO.8402019 IN S C SUIT 10922020 MHCC010022242019 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY NOTICE OF MOTION NO.840 OF 2019 IN S C SUIT NO. 1092 OF 2020 Mr. Rupchand Raghoji Bhujbal ] ...Plaintiff. Versus M/s. Mahtaney Estates & Properties ]…Defendants. Appearance: Ld Advocate Anil kharatmol for Plaintiff. Ld. Advocate Shenoy for Defendant No.2. Ld. Advocate Trivedi for Defendant No.4. CORAM : K.P. KSHIRSAGAR JUDGE, (C.R.NO.08) DATE : 9/6/2022 ORAL…

    Read Full Order
    Order 1Full order available
    09 Jun 2022

    Order Details: Notice of Motion Pdf Text: 1 NM NO.8402019 IN S C SUIT 10922020 MHCC010022242019 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY NOTICE OF MOTION NO.840 OF 2019 IN S C SUIT NO. 1092 OF 2020 Mr. Rupchand Raghoji Bhujbal ] ...Plaintiff. Versus M/s. Mahtaney Estates & Properties ]…Defendants. Appearance: Ld Advocate Anil kharatmol for Plaintiff. Ld. Advocate Shenoy for Defendant No.2. Ld. Advocate Trivedi for Defendant No.4. CORAM : K.P. KSHIRSAGAR JUDGE, (C.R.NO.08) DATE : 9/6/2022 ORAL…

    Read Full Order

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