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NOTICE OF MOTION

Sudha Shrikrishna PendseVsShriram Maruti Pendse And Ors

CNR MHCC01002498201931-COURT 31 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 16th October 2019

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
100943/2019
Registration Date
05 Mar 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: 16-03-2019
    Business: Adv. for Plaintiff absent.
    Adv. for Defendant absent.
    Plff present and deft nos. 1 and 2 are present
    Plff tendered original NM no. 943/19.
    Reply filed by deft no.1, deft in person requested for adjd r/o. 02.04.2019.
    Matter is adjd.to 02.04.2019 at 2.45 p.m. for argument on NM.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 02-04-2019
    
    Date: 02-04-2019
    Business: None for Plaintiff present.
    Mr. Shailendra Pendse, Defendant no.2 in person present, prayed for adjd.
    Mr. Pendse Deft no.1
    Matter is adjd.for N/M argument on 29.04.2019.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 29-04-2019
    
    Date: 29-04-2019
    Business: Holiday due to election on 29.04.2019, Hence, matter is taken today for next date.
    None for Plaintiff.
    Adv. for Defendant absent.
    Mr. Shriram Pendse for Def. no.1 present.
    Matter is adjd.for NM argument on 28.06.2019.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 28-06-2019
    
    Date: 28-06-2019
    Business: Plaintiff Smt. Sudha Pendse present.
    deft no.1 Shriram Pendse and Deft no.2 Shailendra Pendse are present.
    Plaintiff and deft no.2 are ready for argument.
    Exh.19 Defendant no.1 filed additional reply
    Exh.20 He also filed compilation of documents.
    Exh 19 and 20 are supplied to deft no.2.
    Deft no.1 Shriram is not ready for argument, Next date 16.07.19 is granted as last chance.
    Matter is adjd. for argument on 16.07.2019.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 16-07-2019
    
    Date: 16-07-2019
    Business: Court is on Leave
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 20-08-2019
    
    Date: 20-08-2019
    Business: Adv. Mr. Kirti Nagada for plaintiff present.
    Mr. Shailendra Pendase, defendant no.2 in person present.
    Mr. Shriram Pendase, deft. no.1 present.
    Written notes of argument filed by deft no.1, copy supply to plff and deft no.2.
    Heard argument of ld adv. Mr. Nagada for plff., deft no.2 in person admitted the arguments of plff.
    Heard argument of deft no.1 Shriram in person.  It is argued by plff and deft no.1 to appoint court commissioner for sale of suit property as per concluding remarks of Architect Mr. Hitendra Mehta.
    Both side are directed to verify market value and readyreconner value and submit the pursis prior to further order on NM no. 943/19.
    Matter is adjd. for compliance and remaining argument
    17.09.2019.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 17-09-2019
    
    Date: 17-09-2019
    Business: Adv. for plaintiff absent.
    Adv. for defendant absent.
    Plff is present.
    Deft no.1 is present.
    Mr. Shailendra Pendse, deft no.2 in person is present.
    Exh.21- Affidavit of plff about valuation of suit premises,
    copy supply to deft no.1
    Exh.22- Pursis filed by deft no.1 that he is ready to
    purchase the share of remaining parties.
    Despite order dtd. 20.08.2019, valuation report is not filed
    by deft no.1.
    Matter is adjd. for argument on NM no. 943/19 on
    16.10.2019.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 16-10-2019
    
    Date: 16-10-2019
    Business: Adv.  Mr. Kirti Nagada for Plaintiff present.
    Defendant No.2-a Mr. Shailendra Pendse in person present.
    Mr. Sriram Pendse for defendant no.1 present.
    Heard both the side on N/M No.943-19.
    F.R.S.R the following order is passed on N/M No.943/19.
    ORDER.
    1. Notice of Motion No.943-19 is allowed.
    2. The court receiver be appointed to  call public auction of suit property i.e. Flat No.5, Hanuman Ramanand CHS, Vileparle (East).
    3. The basic value of the suit property  is fixed Rs. 1,20,00,000/- court receiver to have the auction to start from Rs. 1,20,00,000/-onwards.
    4. Plaintiff and defendant to incur expenses of public auction as per their share.
    5. Plaintiff to deposit initial amount of Rs. 10,000/- with Court receiver as expediter to public auction.
    6. Rs.10,000/- directly be deposited to the office of Court receiver.
    7. Notice of Motion No.943-19 is disposed off accordingly.
    Nature Of Disposal: ALLOWED
    Disposal Date: 16-10-2019

    Additional Case Details

    Additional Case Details
    Filing Number: 102638/2019
    Filing Date: 05-03-2019
    First Hearing Date: 16th March 2019
    Decision Date: 16th October 2019
    Court Number And Judge: 31-COURT 31  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    16 Oct 2019

    Order Details: Notice of Motion Pdf Text: N/m No. 943/19 in Suit No. 8589/99. 1 Order. IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. NOTICE OF MOTION NO. 943 OF 2019 (CNR NO. MHCC010024982019) IN SUIT NO. 8589 OF 1999 (CNR NO. MHCC010069311999) (HIGH COURT SUIT NO. 2494 OF 1999) Smt. Sudha Shrikrishna Pendse ...Plaintiff Versus Mr. Shriram Maruti Pendse and Others ...Defendants CORAM : SHRI G.G.BHANSALI. (C.R.NO.31). DATE : 16th OCTOBER, 2019. Mr. Nagda, Advocate for Plaintiff. Defendant No.1…

    Read Full Order

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