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NOTICE OF MOTION

Vibhavari Pratap BaneVsMunicipal Corporation of Greater Mumbai and Anr.

CNR MHCC0100250220208-COURT 08 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 14th March 2023

TrustJury record updated 28 Sept 2026

Case Overview

Registration Number
100923/2020
Registration Date
28 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: 28-02-2020
Business: Adv. Sandeep Bane for plaintiff present and tendered registered NM 923/20 alongwith affidavit in support t.o.r. - Other side to reply.
Adv. Ms. Chandramore for D/1 present.
Exh.       V/P filed by adv. Kandekar for D/2 t.o.r.
Earlier order continue till next date.
Adjd. for NM reply/hearing to 6/3/2020.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 06-03-2020

Date: 06-03-2020
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 26-03-2020

Date: 26-03-2020
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 18-04-2020

Date: 18-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 08-05-2020

Date: 08-05-2020
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 29-05-2020

Date: 29-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 16-06-2020

Date: 16-06-2020
Business: national lock down
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 17-10-2020

Date: 17-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 11-01-2021

Date: 11-01-2021
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 23-03-2021

Date: 23-03-2021
Business: Adv. Mr. Sandeep Bane for plaintiff.
Adv. Chandramore for defendant No.1.
Adv. Mr. Pathak h/f Adv. Mr. Kandekar for the defendant No.2.
On oral request, time is extended for service of summons.
Matter is adjd. to 23/06/2021 for NM hearing and service of summons.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-06-2021

Date: 23-06-2021
Business: due to covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-07-2021

Date: 29-07-2021
Business: Due to COVID-19 pandemic.
Matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-08-2021

Date: 30-08-2021
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-11-2021

Date: 29-11-2021
Business: Adv Sandeep Bane present for the plaintiff.
As Court is busy in hearing argument in SU 2173/21 of NM 2809/21. Hence, board is discharged.
Matter is adjd. to 03.03.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-03-2022

Date: 03-03-2022
Business: (As per order of Hon\''ble Principal Judge dtd.25/2/22, matter is reassigned to this court.)
None present for plaintiff
Adv. Ms. Hajare for defendant No. 1/MCGM is present.
Adv. Mr. Pathak h/f Adv. Kandekar for defendant No.2/MHADA is present.
As plaintiff and his advocate are absent.
Matter adjourned for NM hearing/Order to 25.03.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-03-2022

Date: 25-03-2022
Business: None present  for plaintiff.
Adv. Chandramore present for defendant no. 01/MCGM and sought adjournment.
Adv. Pathak hf adv. Kandekar present for defendant/MHADA.
As plaintiff and his adv. are absent, Matter adjourned for nm hrg. /nm dismissal order To 24/06/22.
l.o. at 04.00 pm.
Adv. Sagar sonavane present for plff.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 24-06-2022

Date: 24-06-2022
Business: Adv. Sandip Bane for plaintiff and sought adjournment.
Adv. Chandramore  present for defendant/BMC.
Adv. Phatak h/f Adv. Kandekar present for MHADA and submitted that written statement of defendant no.2 be treated as reply of NM.
Matter adjourned for NM hearing to 01/08/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-08-2022

Date: 01-08-2022
Business: Adv. Madhu hf adv. Sandeep Bane present for plaintiff and sought adjournment.
Adv. Chandramore present for defendant/MCGM.
None present for other defendants.
Matter adjourned for nm hearing to 29/08/22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-08-2022

Date: 29-08-2022
Business: Adv. Sandeep bane present plaintiff.
Adv. Chandramore present for defendant/MCGM and sought adjournment to file reply.
Adv. Pathak hf adv. Kandekar present for defendant/MHADA.
Matter adjourned for nm hearing to 12/10/22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-10-2022

Date: 12-10-2022
Business: As P. O. is on leave, matter is adjd.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-11-2022

Date: 23-11-2022
Business: Adv. Sandeep Bane present for plaintiff
Adv. Chandramore present for defendant 01/MCGM
Adv. Pathak hf adv. Kandekar present for defendant 02/MHADA.
Matter adjourned for tendering original nm and reply to nm and ws to 05/12/22.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-12-2022

Date: 05-12-2022
Business: Adv Sandeep Bane present for plaintiff.
Adv Chandramore present for defendant no.01/MCGM and sought time to file reply.
Adv Pathak h/f Adv Kandekar present for defendant no. 02.
Matter adjourned for NM hearing to 19.01.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-01-2023

Date: 19-01-2023
Business: Adv. Madusmitia shau present for plaintiff.
Adv. Harshita Darji h/f Adv. Kandekar  present for defendant no. 2 and sought adjournment .
None present for MCGM.
Matter adjourned for  NM hearing to  27.01.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-01-2023

Date: 27-01-2023
Business: Adv. Pooja Pawar present for plaintiff hf adv. Sandeep bane.
Adv. Chandramore present for defendant no. 01/MCGM.
Adv. Harshita Darji hf adv. kandekar present for defendant no. 02/MHADA.
Kb
l.o. at 04.24 pm.
Adv. Sandeep bane present for plaintiff.
Adv. Kandekar present for defendant/MHADA.
Heard arguments of ld. Advocate for plaintiff and ld. Advocate for defendants on Notice of Motion no. 923/2020.
Adv. For plaintiffs sought adjournment for rejoinder argument.
Matter adjourned for rejoinder arguments to 02-02-23.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-02-2023

Date: 02-02-2023
Business: Adv. Sandeep Bane present for plaintiff.
Adv. Chandramore present for defendant/MCGM.
Adv. Kandekar present for defendant no. 02/MHADA.
Heard rejoinder and sir rejoinder arguments of ld. Advocate for plaintiff and ld. Advocate for defendant no. 01 and 02 on Notice of Motion no. 923/2020.
Adv. For MHADA requested to adjourned the matter for submission of citations if any.
Matter adjourned for submission of citation if any to 10/02/23.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-02-2023

Date: 10-02-2023
Business: As presiding officer is on leave, matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-02-2023

Date: 18-02-2023
Business: Adv. Sandeep bane present for plaintiff.
Adv. Kandekar present for defendant/MHADA and tendered citations.
Heard arguments of ld. Advocate for plaintiff and ld. Advocate for defendant/MHADA on the citation.
None present for other defendants.
Matter adjourned for submission of advocate for MCGM if any as a last chance to 21/02/2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-02-2023

Date: 21-02-2023
Business: Adv. Sandeep bane present for plaintiff.
Adv. Chandramore present for defendant/MCGM and sought adjournment.
Adv. Harshita darji hf adv. Kandekar present for defendant/MHADA.
Matter adjourned for submission of advocate for MCGM to 22/02/23.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-02-2023

Date: 22-02-2023
Business: Adv. Sandeep bane present for plaintiff
Adv. For plaintiff tendered application for restraining defendants from taking any coercive steps. t.o.r marked as Exh. 06.
copy served to the advocate for the defendant/MCGM.
Adv. Chandramore present for defendant/MCGM.
Adv. Kandekar present for defendant/MHADA.
Mr. Santosh Bhoite, Road. Eng.  \''S\'' Ward present for the MCGM and made statement before court that, till decision of nm no. 923/2020 or further order of the court whichever is earlier, no coercive action will be taken in respect of suit premises.
Heard further arguments of ld. Advocate for plaintiff and ld. Advocate for defendants on nm.
Matter adjourned for order on nm no. 923/2020 to 14-03-23.
Next Purpose: NM  ORDERS
Next Hearing Date: 14-03-2023

Date: 22-02-2023
Business: Adv. Sandeep bane present for plaintiff
Adv. For plaintiff tendered application for restraining defendants from taking any coercive steps. t.o.r marked as Exh. 06.
copy served to the advocate for the defendant/MCGM.
Adv. Chandramore present for defendant/MCGM.
Adv. Kandekar present for defendant/MHADA.
Mr. Santosh Bhoite, Road. Eng.  \''S\'' Ward present for the MCGM and made statement before court that, till decision of nm no. 923/2020 or further order of the court whichever is earlier, no coercive action will be taken in respect of suit premises.
Heard further arguments of ld. Advocate for plaintiff and ld. Advocate for defendants on nm.
Matter adjourned for order on nm no. 923/2020 to 14-03-23.
Next Purpose: NM  ORDERS
Next Hearing Date: 14-03-2023

Date: 14-03-2023
Business: Adv. Sandeep Bane present for plaintiff.
Adv. Chandramore present for defendant no. 01/MCGM.
Adv. Janvi Kandekar present for defendant no. 02/MHADA.
F.R.S.R. following order is passed on Notice Of Motion No. 923 of 2020.
                                        ORDER
1) Notice of Motion No. 923 of 2020 is dismissed.
2) Notice of Motion No. 923 of 2020 is disposed off accordingly.
Authenticated copy of Roznama be given to both the parties if
requested.
Adv. Bane for plaintiff tendered application for stay of execution
of order in Notice of Motion no. 923/2020 and for extending ad-
interim protection for 10 weeks t.o.r marked as Exh. 07.
Adv. For defendant no. 01 filed her say on application Exh. 07 itself.
Heard ld. Advocate for plaintiff and ld. Advocate for defendant no.
01 on Exh. 07.
Following order is passed on application Exh.  07.
Order-  Perused the application, say of defendant no. 01 and record.
From the record it appears that, today court has dismissed the
Notice of Motion no. 923/2020 on merit. Plaintiff is intending to
prefer appeal against the said order. From the record it appears that,
Adv. For defendant no. 02 had undertaken not to take any coercive
action till filling of reply and on the last date, the officer of the
defendant no. 01 had also made statement that, till decision of the
above Notice of Motion or further order of this court whichever is
earlier, no coercive action will be taken in respect of the suit
premises. Considering the above fact and nature of the suit, in order
to give fair opportunity to the plaintiff to prefer appeal and obtain
necessary order, it will be appropriate to extend the ad-interim relief
which was granted earlier, in terms of undertaking/statement of
officer of defendant no. 01 and Adv. For defendant no. 02 for
further four weeks from the date of this order. Hence, following
order.
Order- Defendants are directed not to take coercive action in
respect of the suit premises for the period of four weeks from the
date of this order.
Matter adjourned for WS/no WS order to 24/04/2023.
Nature Of Disposal: DISMISSED
Disposal Date: 14-03-2023

Additional Case Details

Additional Case Details
Filing Number: 102810/2020
Filing Date: 28-02-2020
First Hearing Date: 28th February 2020
Decision Date: 14th March 2023
Court Number And Judge: 8-COURT 08 ADDL SESSIONS JUDGE

Orders

1
Final Order 1Full order available
14 Mar 2023

Order Details: Notice of Motion Pdf Text: 1 NM NO.9232020 IN SU 9622020 MHCC010025022020 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY NOTICE OF MOTION NO.923 OF 2020 IN L.C. SUIT NO. 962 OF 2020 Smt. Vibhavari Pratap Bane ] ...Plaintiff. Versus MCGM & Another ]…Defendants. Appearance: Ld Advocate Sandeep Bane for the plaintiff. Ld Advocate Chandramore for Defendant/MCGM. Ld Advocate Kandekar for defendant/MHADA. CORAM : SHRI. K.P. KSHIRSAGAR JUDGE, (C.R.NO.08) DATE : 14/03/2023 ORAL ORDER 1. Plaintiff has taken…

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