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NOTICE OF MOTION

Dr. Dilip Jayantilal MehtaVsLataben Jayantilal Mehta And Anr

CNR MHCC01002556201962-COURT 62 AD-HOC ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 29th April 2022

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
100970/2019
Registration Date
06 Mar 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: 15-04-2019
    Reason For Adjournment: court time is over
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 03-07-2019
    
    Date: 03-07-2019
    Reason For Adjournment: court time is over
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 19-09-2019
    
    Date: 19-09-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 26-11-2019
    
    Date: 26-11-2019
    Business: Court is on leave.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-01-2020
    
    Date: 16-01-2020
    Business: Advocate Ms. Pooja Muni I/b Bilawala and Co. for Plaintiff present
    Advocate Mr. Akshay Shah I/b J. J. Shah for Defendants present and filed affidavit in reply to NM nos.969/19 and 970/19, t.o.r. copy of both NM reply is served upon Plaintiff\''s advocate.   He also filed registered Notice of Motion no.4272/2019 with affidavit in support, t.o.r.
    Case is adjourned to 14/02/2020 for hearing of NM nos.969/19, 970/19 and reply to NM no.4272/19.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-02-2020
    
    Date: 14-02-2020
    Business: Court is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-03-2020
    
    Date: 14-02-2020
    Business: Court is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-03-2020
    
    Date: 14-02-2020
    Business: Court is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-03-2020
    
    Date: 14-02-2020
    Business: Court is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-03-2020
    
    Date: 23-03-2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-04-2020
    
    Date: 23-03-2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-04-2020
    
    Date: 23-03-2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-04-2020
    
    Date: 23-03-2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-04-2020
    
    Date: 01-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-04-2020
    
    Date: 01-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-04-2020
    
    Date: 01-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-04-2020
    
    Date: 01-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-04-2020
    
    Date: 16-04-2020
    Business: National Lock down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-05-2020
    
    Date: 16-04-2020
    Business: National Lock down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-05-2020
    
    Date: 16-04-2020
    Business: National Lock down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-05-2020
    
    Date: 16-04-2020
    Business: National Lock down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-05-2020
    
    Date: 05-05-2020
    Business: National Lock down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-05-2020
    
    Date: 05-05-2020
    Business: National Lock down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-05-2020
    
    Date: 05-05-2020
    Business: National Lock down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-05-2020
    
    Date: 27-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-06-2020
    
    Date: 27-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-06-2020
    
    Date: 27-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-06-2020
    
    Date: 27-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-06-2020
    
    Date: 12-06-2020
    Business: In view of extension of Lockdown period case is adjd. to 07.08.2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-08-2020
    
    Date: 12-06-2020
    Business: In view of extension of Lockdown period case is adjd. to 07.08.2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-08-2020
    
    Date: 12-06-2020
    Business: In view of extension of Lockdown period case is adjd. to 07.08.2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-08-2020
    
    Date: 12-06-2020
    Business: In view of extension of Lockdown period case is adjd. to 07.08.2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-08-2020
    
    Date: 07-08-2020
    Business: Adjourned due to Covid-19.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-09-2020
    
    Date: 14-09-2020
    Business: Due to Covid 19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-12-2020
    
    Date: 14-09-2020
    Business: Due to Covid 19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-12-2020
    
    Date: 14-09-2020
    Business: Due to Covid 19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-12-2020
    
    Date: 07-12-2020
    Business: Advocate Mr. Aditya Khare for plaintiff present
    None present for Defendants.
    It seems that due to Corona pandemic, Defendant and Defendant\''s advocate are absent, hence case is adjourned to 22/02/2021 for Notice of Motion hearing.
    L.O.
    Advocate Mr. Akshay Shah for Defendants present.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-02-2021
    
    Date: 22-02-2021
    Business: Adv Ms. Dhanashree Gaikaiwari i/b Bilawala &  Co. plff present and filed affidavit in rejoinder in NM No. 969/2019 and 970/2019. She also filed affidavit in reply to NM No.4272/2019.
    Adv Mr. Akshay Shah i/b J.J. Shah for deft present.
    By consent, matter is adjd. for NM hearing to 12.03.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-03-2021
    
    Date: 12-03-2021
    Business: Adv Mr. Arvind Giriraj for plff present.
    Adv Mr. Akshay Shah h/f Adv Mr. J.J. Shah for defts present.
    Heard arguments of both the sides in N.M. No.4272/2019.
    Matter is adjd. for order to 17.03.2021.
    Next Purpose: ORDER
    Next Hearing Date: 17-03-2021
    
    Date: 17-03-2021
    Business: Adv Ms. Dhanashree Gaikaiwari i/b Bilawala & Co. for plff present.
    Deft present with Adv Mr. Jayesh Patel i/b Adv.Mr. J.J. Shah for defts Nos.1 to 4 present.
    F.R.S.R. following order is passed in N.M.No.4272/2019
                         ORDER
         Notice of Motion No.4272 of 2019 is allowed in terms of prayer clauses (a) and (b) subject to payment of cost of Rs.5,000/- (Five Thousand rupees) by the defendants to the plaintiff.
    	Defendants shall pay/deposit the amount of cost mentioned above within four weeks from today.
                            ----
    Matter is ajd. for compliance to 16.04.2021.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 16-04-2021
    
    Date: 16-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: COMPLIANCE
    Next Hearing Date: 12-07-2021
    
    Date: 12-07-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: COMPLIANCE
    Next Hearing Date: 04-09-2021
    
    Date: 04-09-2021
    Business: Adv Ms. Dhanashree Gaikaiwari i/b Bailwala & Co. for plff present and mentioned the matter in the morning session.
    Adv Mr. Shah i/b J.J. Shah for deft present and filed pursis about compliance of order dt.17.03.2021 passed in NM No.4272/2019.
    Since defts have deposited the cost, WS of defts Nos.1 and 2 is R & R at Exh.4.
    Adv. for plff seeks time to tender registered NM No.969/2019  and 970/2019 in the Court.
    By consent, matter is adjd. for tendering registered NM in the Court and NM hearing to 11.10.2021 at 2.45 p.m.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-10-2021
    
    Date: 11-10-2021
    Business: Adv Mr. P.D.Gandhi present for plff. and tendered registered N.M.No.970/19 and 969/2019 along with affidavit in support.
    Adv Mr. Shah present for deft. and seeks adjournment.
    By consent, matter is adjd. for NM hearing to 25.10.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-10-2021
    
    Date: 25-10-2021
    Business: court is on Leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-11-2021
    
    Date: 25-10-2021
    Business: court is on Leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-11-2021
    
    Date: 25-10-2021
    Business: court is on Leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-11-2021
    
    Date: 24-11-2021
    Business: Court is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-01-2022
    
    Date: 05-01-2022
    Business: Adv Ms. Gaikwari i/b Bilawala & Co. present for plff. and seeks adjournment by submitting that adv on record for the plff is unable to attend the Court today as he is recently tested Corona positive.
    Adv Mr. Akshay Shah i/b J.J.Shah present for deft. and submitted that short adjournment may be granted.
    By consent, matter is adjd. for NM hearing to 04.02.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-02-2022
    
    Date: 04-02-2022
    Business: Due to covid - 19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-02-2022
    
    Date: 23-02-2022
    Business: Court is on leave,
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-03-2022
    
    Date: 23-02-2022
    Business: Court is on leave,
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-03-2022
    
    Date: 23-02-2022
    Business: Court is on leave,
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-03-2022
    
    Date: 11-03-2022
    Business: Adv Ms. Shah i/b Bilwala and Co. present for plff.
    None present for deft.
    K.B.
    L.O. at 3.35 pm.
    Adv Mr. Giriraj for plff present.
    Adv Mr. Shyamsunder Jadhav for deft present and seeks adjournment by submitting that his senior advocate not available today.
    by consent, matter is adjd. for NM hearing to  06.04.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-04-2022
    
    Date: 06-04-2022
    Business: Adv Smt. Gaikaiwari i/b Bilwala and Co. present for plff.
    Adv Mr. Akshay Shah i/b J.J. Shah present for deft.
    Ld. Advocates for both parties mentioned the matter in the morning session and sought adjournment by submitting that parties are trying for settlement.
    By consent, matter is adjd. for NM hearing  to 13.04.2022.
    Next Purpose: S.CT.H.CT. TIME BOUND
    Next Hearing Date: 13-04-2022
    
    Date: 13-04-2022
    Business: Court is on leave.
    Next Purpose: S.CT.H.CT. TIME BOUND
    Next Hearing Date: 18-04-2022
    
    Date: 13-04-2022
    Business: Court is on leave.
    Next Purpose: S.CT.H.CT. TIME BOUND
    Next Hearing Date: 18-04-2022
    
    Date: 13-04-2022
    Business: Court is on leave.
    Next Purpose: S.CT.H.CT. TIME BOUND
    Next Hearing Date: 18-04-2022
    
    Date: 18-04-2022
    Business: Adv Mr. Gandhy a/w Adv Ms. Gaikaiwari present for plff. and filed written argument in NM No.970/2019.
    Adv Mr. Akshay Shah i/b J.J. Shah present for defts.
    Heard oral argument of adv for plff in NM No.970/2019.
    Adv for defts seeks time to advance argument.
    Matter is time bound. Time till  21.04.2022 is granted.
    Matter is adjd. for NM  argument p/h to 21.04.022.
    Next Purpose: S.CT.H.CT. TIME BOUND
    Next Hearing Date: 21-04-2022
    
    Date: 21-04-2022
    Business: Adv Ms.Pooja Muni i/b Bilwala and Co. present for plff.
    Adv Mr. Shah present for defts.
    K.B.
    LO. at 4.00 p.m.
    Adv Ms.Pooja Muni i/b Bilwala and Co. present for plff.
    Adv Mr. Chirag Shah @ Adv Mr. Akshay Shah for deft present.
    Heard argument partly of adv for deft in NM No. 969/2019  and 970/2019.
    Ld. advocate for defts submitted that some other suit between the parties is kept before Honble High Court on 26.04.2022 and it is most likely that said suit and this suit may settled on that date.
    By consent, matter is adjd. for further NM argument to 27.04.2022 at 4.30 p.m.
    Next Purpose: S.CT.H.CT. TIME BOUND
    Next Hearing Date: 27-04-2022
    
    Date: 27-04-2022
    Business: Court is on leave.
    Next Purpose: S.CT.H.CT. TIME BOUND
    Next Hearing Date: 29-04-2022
    
    Date: 27-04-2022
    Business: Court is on leave.
    Next Purpose: S.CT.H.CT. TIME BOUND
    Next Hearing Date: 29-04-2022
    
    Date: 27-04-2022
    Business: Court is on leave.
    Next Purpose: S.CT.H.CT. TIME BOUND
    Next Hearing Date: 29-04-2022
    
    Date: 29-04-2022
    Business: Adv. P.D. Gandhi alongwith adv. D. S. Gaikaiwari for plaintiff present.
    Defendant present with her advocate Adv. Chirag Shah.
    Defendant No.2 present in person.
    Heard further argument of advocate for defendant in NM No.970 of 2019.
    In the course of argument, learned advocates for defendant filed pursis at Exh.7 that defendant No.2 does not have any rights, title and interest in respect of the suit premises and in view of that, defendant No.2 cannot create any third party rights in respect of the suit premises as on date. O-Seen. Plaintiff to note.
    Advocate for plaintiff endorsed on NM No.970 of 2019 as “In view of Pursis submitted by defendant No.2 before Hon’ble Court, the plaintiffs do not press for any reliefs in the present NM.”
    In view of pursis Exh.7 and endorsement made thereafter by advocate for the plaintiff as mentioned above, NM No.970 of 2019 is disposed off.
    By consent, NM No.969 of 2019 is tagged with suit.
    By consent, matter is adjd. for draft issues to 29/06/2022.
    Nature Of Disposal: WITHDRAWL
    Disposal Date: 29-04-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 102728/2019
    Filing Date: 06-03-2019
    First Hearing Date: 15th April 2019
    Decision Date: 29th April 2022
    Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    29 Apr 2022
    Order Details: Notice of Motion
    Pdf Text: 29/04/2022 CORAM : H.H.J. SHRI P.P.RAJVAIDYA (C.R. NO.62)
    2
    SU 406/19
    Exh.7
    Adv. P.D. Gandhi alongwith adv. D. S. Gaikaiwari for plaintiff present.
    Defendant present with her advocate Adv. Chirag Shah.
    Defendant No.2 present in person.
    Heard further argument of advocate for defendant in NM No.970 of 2019.
    In the course of argument, learned advocates for defendant filed pursis at
    Exh.7 that defendant No.2 does not have any rights, title and interest in
    respect of the suit premises and in view of that, defendant No.2 cannot
    create any third party rights in respect of the suit premises as on date. O-
    Seen. Plaintiff to note.
    Advocate for plaintiff endorsed on NM No.970 of 2019 as “In view of
    Pursis submitted by defendant No.2 before Hon’ble Court, the plaintiffs do
    not press for any reliefs in the present NM.”
    In view of pursis Exh.7 and endorsement made thereafter by advocate for
    the plaintiff as mentioned above, NM No.970 of 2019 is disposed off.
    By consent, NM No.969 of 2019 is tagged with suit.
    By consent, matter is adjd. for draft issues to 29/06/2022.
    Judge
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