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NOTICE OF MOTION

Badamilal Fathalal Jain - Suit No. 902/2020VsMCGM And Anr.

CNR MHCC0100250420208-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
100925/2020
Registration Date
28 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: 24-03-2020
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 03-04-2020
    
    Date: 03-04-2020
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 17-04-2020
    
    Date: 17-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 06-05-2020
    
    Date: 06-05-2020
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 28-05-2020
    
    Date: 28-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 15-06-2020
    
    Date: 15-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 14-12-2020
    
    Date: 14-12-2020
    Business: None present both the side
    Matter is adjd. to 01.02.2021 for directions.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 01-02-2021
    
    Date: 01-02-2021
    Business: None for plaintiff.
    Adv. Chandramore for the defendant No.1.
    Adv. Mr. Sathamkar h/f Adv. Mr. Kandekar for the defendant No.2.
    Matter is adjd. to 01/04/2021 for NM reply.
    Next Purpose: REPLY
    Next Hearing Date: 01-04-2021
    
    Date: 01-04-2021
    Business: Due to SOP only urgent matter  are taken up. Hence, the Board is
    discharged.
    Matter is adjd. to 23/06/2021  for NM reply.
    Next Purpose: REPLY
    Next Hearing Date: 23-06-2021
    
    Date: 23-06-2021
    Business: due to covid-19
    Next Purpose: REPLY
    Next Hearing Date: 29-07-2021
    
    Date: 29-07-2021
    Business: Due to COVID-19 pandemic.
    Matter is adjourned.
    Next Purpose: REPLY
    Next Hearing Date: 30-08-2021
    
    Date: 30-08-2021
    Business: Court is on leave.
    Next Purpose: REPLY
    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 reply.
    Next Purpose: NM REPLYREJOINDER
    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/BMC is present and sought time to file NM reply.
    Adv. Mr. Pathak h/f Adv. Kandekar for defendant No. 2 is present and sought time to file NM reply.
    Plaintiff to tendered original NM on record on or before next date.
    Matter adjourned for NM reply to 08.04.2022.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 08-04-2022
    
    Date: 08-04-2022
    Business: Adv. Madhu present for plaintiff and sought adjournment.
    Adv. Pathak hf adv. Kandekar present for defendant/MHADA and sought adjournment for filling reply.
    Matter adjourned for nm reply to 21/06/22.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 21-06-2022
    
    Date: 21-06-2022
    Business: Adv. Madhusmita Sahoo present for plaintiff.
    Adv. Chandramore present for defendant/MCGM and sought adjournment.
    Adv. Pathak hf adv. Kandekar present for defendant/MHADA.
    Matter adjourned for nm reply as a last chance/order to 24/06/22.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 24-06-2022
    
    Date: 24-06-2022
    Business: Adv. Sandip Bane present for plaintiff.
    Adv. Chandramore present for defendant/BMC.
    Adv. Phatak h/f Adv. Kandekar present  for MHADA.
    As defendants fail to file reply.
    Matter adjourned for no reply order to 01/08/2022.
    Next Purpose: REPLY
    Next Hearing Date: 01-08-2022
    
    Date: 01-08-2022
    Business: None present for plaintiff.
    None present for defendant.
    Adv. Chandramore present for defendant/MCGM.
    From the record it appears that, Inspite of just opportunity, defendants failed to file reply to the nm no. 926/2020, Hence, notice of motion no.926/2020 be proceeded without reply of defendants. Hence,  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 and he tendered original registered Notice of Motion No. 925/2020 @ affidavit. t.o.r.
    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. 925/2020.
    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. 925/2020.
    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.
    Plaint
    Vakalatnama. O- Seen and filed.
    Address Memo. O- R and R.
    List of documents. O - Seen and filed
    Affidavit in support of plaint
    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. 925/2020 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. 925/2020 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.
    Plaint
    Vakalatnama. O- Seen and filed.
    Address Memo. O- R and R.
    List of documents. O - Seen and filed
    Affidavit in support of plaint
    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. 925/2020 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. 925/2020 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. 925 of 2020.
                                            ORDER
    1) Notice of Motion No. 925 of 2020 is dismissed.
    2) Notice of Motion No. 925 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. 925/2020 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. 925/2020 on merit. Plaintiff is intending to
    prefer appeal against the said order. From the record it appears that,
    earlier ad-interim relief in terms of prayer clause of (a) of above
    Notice of Motion was granted 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 for further four
    weeks from the date of this order. Hence, following order.
    Order- Ad-interim relief granted earlier is hereby continued 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: 102403/2020
    Filing Date: 28-02-2020
    First Hearing Date: 24th March 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.9252020 IN SU 9022020 MHCC010025042020 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY NOTICE OF MOTION NO.925 OF 2020 IN L.C. SUIT NO. 902 OF 2020 Badamilal Fathalal Jain ] ...Plaintiff. Versus MHADA & 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 out…

    Read Full Order

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