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MISC APPLICATION

Arun Nigjibhai Mehta - Applicant - Review Petition St. No. 2618-20 +10 moreVsLink Palace Co-Operative Housing Society Ltd. +6 more

CNR MHCC01002759202011-COURT 11 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 17th October 2023

TrustJury record updated 28 Sept 2026

Case Overview

Registration Number
100043/2020
Registration Date
04 Mar 2020

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    18

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 12-03-2020
    Business: None for plaintiff present.
    Adv. Mrs. Tondwalkar for deft./MCGM present.
    Adv. Mr. Vinayak Taliwal for deft no.1 present.
    Mr. Ramkishan Upadhyay, C.A. of Plff nos. 2 to 9 and 11 present, prayed for adjd. to file reply on delay condonation application.
    Matter is adjd. for reply on M.A. on 23.03.2020.
    LO
    Adv. Mr. Sandip Hirwadekar I/b Bharat and Co. for plff
    no.1 present.
    Next Purpose: REPLY
    Next Hearing Date: 23-03-2020
    
    Date: 23-03-2020
    Next Purpose: REPLY
    Next Hearing Date: 01-04-2020
    
    Date: 01-04-2020
    Next Purpose: REPLY
    Next Hearing Date: 16-04-2020
    
    Date: 16-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPLY
    Next Hearing Date: 05-05-2020
    
    Date: 05-05-2020
    Business: National lockdown
    Next Purpose: REPLY
    Next Hearing Date: 27-05-2020
    
    Date: 27-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPLY
    Next Hearing Date: 12-06-2020
    
    Date: 12-06-2020
    Business: adjd.to
    Next Purpose: REPLY
    Next Hearing Date: 15-07-2020
    
    Date: 15-07-2020
    Business: adjd.to
    Next Purpose: REPLY
    Next Hearing Date: 30-07-2020
    
    Date: 30-07-2020
    Business: adjd.to
    Next Purpose: REPLY
    Next Hearing Date: 10-09-2020
    
    Date: 10-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPLY
    Next Hearing Date: 06-10-2020
    
    Date: 06-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPLY
    Next Hearing Date: 03-11-2020
    
    Date: 03-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPLY
    Next Hearing Date: 19-01-2021
    
    Date: 19-01-2021
    Business: None present for plaintiff.
    Adv. Ms. Hajare for deft./MCGM present.
    Adv. Viraj Bansod for defendant no.1 present.
    Matter is adjd. for NM reply to 09.02.21.
                                                                                   Judge
    Next Purpose: REPLY
    Next Hearing Date: 09-02-2021
    
    Date: 09-02-2021
    Business: Adv. Mr. R.R. Sharma for plaintiff present.
    Adv. Mr. Vinayak Taliwal defendant no. 1 is present.
    Adv. Ms. Tondwalkar for deft./MCGM present.
    Matter is adjourned for reply to 23.0321.
                                                                                   Judge
    Next Purpose: REPLY
    Next Hearing Date: 23-03-2021
    
    Date: 23-03-2021
    Next Purpose: REPLY
    Next Hearing Date: 04-05-2021
    
    Date: 04-05-2021
    Business: Due to Covid-19, matter is adjourned to next date.
    Next Purpose: REPLY
    Next Hearing Date: 22-06-2021
    
    Date: 22-06-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPLY
    Next Hearing Date: 20-07-2021
    
    Date: 20-07-2021
    Business: Due to Covid-19
    Next Purpose: REPLY
    Next Hearing Date: 02-09-2021
    
    Date: 02-09-2021
    Business: Court is Vacant. Matter adj. to next date
    Next Purpose: REPLY
    Next Hearing Date: 21-10-2021
    
    Date: 21-10-2021
    Business: Court is vacant. Matter is adj. to next date.
    Next Purpose: REPLY
    Next Hearing Date: 16-11-2021
    
    Date: 16-11-2021
    Business: Court is Vacant. Matter is adj. to next date.
    Next Purpose: REPLY
    Next Hearing Date: 07-12-2021
    
    Date: 07-12-2021
    Business: Court is on leave.Matter is adj. to next date.
    Next Purpose: REPLY
    Next Hearing Date: 04-01-2022
    
    Date: 04-01-2022
    Business: None present for plaintiff No.1.
    Adv. Mr. R.R. Sharma for plaintiff Nos. 2 to 11 is present.
    Adv. Mr. Pawaskar for defendant No.1 is present.
    Adv. Ms. J.V. Mhatre for defendant No.17/MCGM is present.
    Rest of the defendants are absent.
    Adv. for defendant No.1 orally requested for time to file C/S reply. Granted as a last chance.
    Adjourned for C/S reply to 27.01.2022.
    Next Purpose: C/S REPLY
    Next Hearing Date: 27-01-2022
    
    Date: 27-01-2022
    Business: PO is on leave.
    Next Purpose: C/S REPLY
    Next Hearing Date: 29-03-2022
    
    Date: 29-03-2022
    Business: CA of plaintiff Nos. 2 to 11 is present.
    Adv. Ms. Zaiwalla  for defendant No.1 is present and submitted that defendant No. 1 would only advance oral submission on this MA. He is not required to file reply to MA. Her statement is taken on record.
    Adv. Mr. Khandagale h/f Adv. Mhatre for defendant No. 17/MCGM is present and orally requested for time to file MA reply. Sufficient time is already granted. Hence, this request is discarded. The suit is proceeded without MA reply.
    Rest of the defendants are absent.
    Sufficient time is already granted to file MA reply. It is filed in the year of 2013. Hence, to avoid further delay, the MA is proceeded without reply.
    Adjourned for MA hearing to 28.04.2022.
    Next Purpose: HEARING
    Next Hearing Date: 28-04-2022
    
    Date: 28-04-2022
    Business: PO is on training.
    Next Purpose: HEARING
    Next Hearing Date: 23-06-2022
    
    Date: 23-06-2022
    Business: CA of plaintiffs is present and orally requested for time to argue MA.
    Adv. Mr. Vijay Salokhe for defendant No.1 is present.
    Adv. Mrs. J.V. Mhatre h/f Adv. Chavan for defendant No. 17/
    MCGM is present.
    Rest of the defendants are absent.
    The matter is old one and therefore, the parties are called upon to file their written submissions on MA. In default, it would be decided as per the record.
    Adjourned for written submissions on MA to 28.07.2022.
    Next Purpose: REPLY
    Next Hearing Date: 28-07-2022
    
    Date: 28-07-2022
    Business: None present for plaintiff.
    Adv. Dhruvit Shah I/b Adv. Tushar Garaida for defendant No. 1 is present and made this statement that defendant No. 1 does not want to file written submission on NM.
    Adv. Ms. J. V. Mhatre for defendant/MCGM is present.
    Adjourned for submissions by the plaintiff to 18.08.2022.
    Next Purpose: FOR___________________
    Next Hearing Date: 18-08-2022
    
    Date: 18-08-2022
    Business: CA of plaintiff  Mr. R.K. Upadhaya Nos. 2 to 11 is present.
    Adv. Ms. S.P. Trivedi No. 1 for the plaintiff is present.
    Adv. Ms. Meetal Savla i/b Adv. Tushar Foradia for defendant No.1 is present.
    Adv. Ms. Chavan for defendant No. 17/MCGM is present.
    Rest of the defendants are absent.
    KB LO at 01:39 pm.
    Adv. Mr. R.R. Sharma for the plaintiff  Nos. 2 to 11 is present.
    Adv. for defendant No. 1 filed application for adjournment. It is marked at Exh. 29. O- Other side to say. Say filed. O- Considering the reasons, the matter is adjourned shortly.
    Adjourned for filing written notes of submissions to 08.09.2022.
    Next Purpose: FOR___________________
    Next Hearing Date: 08-09-2022
    
    Date: 08-09-2022
    Business: CA of plaintiff Nos. 2 to 11- Mr. R.K. Upadhayay is present.
    Adv. Mr. Suryadas for plaintiff Nos. 2 to 11 is present and orally requested for time to file written submissions on record. Time is granted strictly as a last chance.
    Adv. Ms. Savla for defendant No. 1 is present and filed written submissions. TOR. It is marked at Exh.30. O-Filed. Copy is supplied to the other sides.
    Adv. Mrs. J.V. Mhatre for defendant Nos. 17/MCGM is present.
    Rest of the defendants are absent.
    Adjourned for written submission to 13.10.2022.
    Next Purpose: FOR___________________
    Next Hearing Date: 13-10-2022
    
    Date: 13-10-2022
    Business: Advocate Mr. R.R. Sharma for plaintiff Nos.2 to 4 and 6 to 11 is present and orally requested for time to file written submissions. Time is granted strictly as a last chance.
    Adv. Khandagale h/f Adv. Ms. J.V. Mhatre for defendant /MCGM is present.
    Advocate Ms. Meetal Savla a/w Asmita Salecha for defendant No.1 is present.
    Adjourned for filing written submissions to 24.11.2022.
                                                                                                    Judge
    Next Purpose: FOR___________________
    Next Hearing Date: 24-11-2022
    
    Date: 24-11-2022
    Business: HHJ is on leave
    Next Purpose: FOR___________________
    Next Hearing Date: 20-12-2022
    
    Date: 20-12-2022
    Business: Adv. Mr. R.R. Sharma for plaintiff Nos. 2 to 11 is present and requested for keeping back the matter.
    Adv. Mr. Dhruv Shah for defendant No.1 is present.
    Adv. Mrs. J.V. Mhatre for defendant /MCGM is present.
    K.B. Later on at 11.40 a.m.
    Appearance as above.
    Adv. for plaintiffs Nos. 2 to 11 filed written submissions in MA No. 43/2020,  Ch/s. No. 886/2013 and Suit No. 103/1991 TOR. It is marked at Exh.31. O- Filed. He also filed affidavit in reply in the said proceedings. TOR. It is marked at Exh.32. O-Filed. Copies are supplied to the other sides. They requested for time to file their additional submissions on his reply and written submissions of the plaintiff. The suit is old. Time is granted strictly as a last chance.
    Adv. Ms. S.P. Trivedi I/b Bhagat & Co. for plaintiff No. 1 is present.
    Adjourned for additional submissions to 17.01.2023.
    Next Purpose: FOR___________________
    Next Hearing Date: 17-01-2023
    
    Date: 17-01-2023
    Business: Adv. Mr. R.R. Sharma for plaintiff Nos. 2 to 11 is present.
    Adv. Ms. Asmita Salecha for defendant No. 1 is present.
    Adv. Ms. Chavan for defendant No. 17/MCGM is present.
    Rest of the defendants are absent.
    KB LO at 12:30 pm.
    Appearance as above.
    Mr. Kisan Baban Mohite, Clerk of the Advocate for plaintiff No. 1 is present and requested for keeping back the matter. Considering the today\''s board, this request is discarded.
    Advocate for defendant No. 17 is heard on the review application.
    The matter is more than 20 years old. Hence, the review application is closed for Order.
    At this stage, the advocate for plaintiff requested to make short submissions on the review application, in addition to his written submissions. The matter is more than 30 years old. Still, in view of his request, he is permitted to make short submissions within 15 minutes on the review application. In default, it would be posted for Order.
    Adjourned for short submissions to 28.02.2023.
    Next Purpose: FOR___________________
    Next Hearing Date: 28-02-2023
    
    Date: 28-02-2023
    Business: As court is on leave the matter is adjd to
    Next Purpose: FOR___________________
    Next Hearing Date: 14-03-2023
    
    Date: 14-03-2023
    Business: CA Of plaintiff Nos. 2 to 11 is present in person. The matter is kb.
    Adv. Mr. Sandeep Hirvadkar for plaintiff No. 1 is present.
    Adv. Mr. Chinmay Paradkar for defendant No. 1 is present.
    Adv. Mrs. S.S. Chavan for defendant No. 17/MCGM is present.
    Rest of the defendants are absent.
    KB LO at 11:34 am.
    Adv. Ms. Trivedi for plaintiff No. 1 is present.
    CA Of plaintiff Nos. 2 to 11 filed the application for adjournment. TOR. It is marked at Exh.32. O- Other side to say. Say filed
    O- Perused the application, say and record. The matter is more than 30 years old. Still, considering medical issues of the advocate, it is adjourned strictly as a last chance.
    Adjourned for short submissions on MA to 27.03.2023.
    Next Purpose: HEARING
    Next Hearing Date: 27-03-2023
    
    Date: 27-03-2023
    Business: Adv. Mrs. S. P. Trivedi present for plaintiff No. 1.
    Adv. Mr. Ramkrishna Upadhyay for Plaintiff Nos. 2 to 11 is present and requested for keeping back the matter.
    Adv. Ms. Asmita Saleja for defendant No. 1 is present.
    Adv. Mr. G.O. Giri for defendant/MCGM is present.
    KB LO 12.00 p.m.
    The appearance is as above.
    Adv. Ms. Manisha Jaiswal for plaintiff Nos. 2 to 11 is present and again requested for keeping back the matter, as the advocate is busy. Considering the today\''s board, this request is discarded.
    Advocate for plaintiff No. 1 orally requested for time to file written submissions as regards allegation against the advocate. Time is granted strictly as a last chance.
    Adjourned for written submissions by plaintiff No 1 to 12.04.2023.
    Next Purpose: HEARING
    Next Hearing Date: 12-04-2023
    
    Date: 12-04-2023
    Business: PO is on leave.
    Next Purpose: HEARING
    Next Hearing Date: 25-04-2023
    
    Date: 25-04-2023
    Business: Adv. Mr. Sandeep Hirodikar for plaintiff No. 1 is present and filed written submissions as regards allegations against the advocate. TOR. It is marked at Exh. 33. O-Filed. Copy supplied to the other side.
    Adv. Mr. R.R. Sharma for plaintiff Nos. 2 to 11 is present and orally requested for time to file reply to the above submissions. Time is granted shortly.
    Adv. Ms. Asmita Salecha for defendant No. 1 is present.
    Adv. Mrs. S.G. Chavan for defendant/MCGM is present.
    Rest of the defendants are absent.
    Adjourned for reply submissions to 06.06.2023.
    Next Purpose: HEARING
    Next Hearing Date: 06-06-2023
    
    Date: 06-06-2023
    Business: HHJ on leave hence, adjourned to
    Next Purpose: HEARING
    Next Hearing Date: 27-06-2023
    
    Date: 27-06-2023
    Business: Mr. Kisan Mohite COA for plaintiff No.1 is present. On his request, the matter is kept back.
    Adv. Mr. Dhruwij for defendant No.1 is present.
    Adv. Ms. S.S. Chavan for defendant/MCGM is present.
    LO at 12.00 p.m.
    Adv. Mr. Sharma for plaintiff Nos. 2 to 11 is present. Rest of the appearance is as above. COA Mr. Kisan Mohite informed that the advocate is busy in Andheri Court. The parties are to called upon to proceed with the matter on next date. In default, suitable orders to follow.
    Adjourned for reply submissions to 13.07.2023.
    Next Purpose: REPLY
    Next Hearing Date: 13-07-2023
    
    Date: 13-07-2023
    Business: CA of plaintiff 2 to 11 is present. He informed that his advocate is busy before some other Court.
    Adv. Mr. Sandeep Hirvadekar i/b Abharat & Co. for plaintiff No.1 is present. Adv. Mr. G.O. Giri h/f Adv. Ms.S.S. Chavan for defendant/ MCGM is present. Adv. Ms. Parishray for defendant No.1 is present.
    Adjourned for reply submissions to 27.07.2023.
    Next Purpose: REPLY
    Next Hearing Date: 27-07-2023
    
    Date: 27-07-2023
    Business: Mr. Ramkrishan Upadhyay, CA of plaintiff Nos. 2 to 11 is present and he informed that his plaintiff is not keeping well.
    Adv. Mr. Druvik Shah for defendant No.1 is present.
    Adv. Mr. G.O. Giri h/f Adv. G.O. Giri h/f Adv. S.S. Chavan for defendant/MCGM is present. Rest of the defendants are absent.
    Adjourned for reply submissions to 17.08.2023.
    Next Purpose: REPLY
    Next Hearing Date: 17-08-2023
    
    Date: 17-08-2023
    Business: Mr. Ramkrishna Updhyay, CA of plaintiff Nos. 2 to 11 is present in person and informed that his advocate is busy in before the Hon’ble High Court. Plaintiff Nos. 2 to 11 are called upon to file written submissions, if any, till the next date.
    Adv. Mr. Sandeep Hirole for plaintiff No.1 is present and submitted that plaint No.1 do not want to file further submissions.
    Adv. Mr. Khandagale h/f Adv. Ms. S.S. Chavan for defendant /MCGM is present. Rest of the defendants are absent.
    Adjourned for reply argument, if any, to 01.09.2023.
    Next Purpose: REPLY
    Next Hearing Date: 01-09-2023
    
    Date: 01-09-2023
    Business: Ramkrishana Updhya, CA of plaintiff Nos. 2 to 11 is present. On his say, the matter is KB.
    Adv. Mr. Sandeep Hirvadekar for plaintiff No.1 is present.
    None present for defendant/MCGM.
    LO at 11.35 a.m.
    The appearance is as above. The advocate for plaintiff Nos. 2 to 11 is absent. The matter is more than 30 years old. Sufficient time is already granted. Hence, to avoid further delay, the review petition is posted for Order.
    Adjourned for Order on review petition to 21.09.2023.
    Next Purpose: ORDER
    Next Hearing Date: 21-09-2023
    
    Date: 21-09-2023
    Business: Adv. Mr. Sandeep Hirwadekar for plaintiff No. 1.
    Rest of the plaintiffs are absent.
    Adv. Khandagale h/f Adv. Mrs. Chavan for defendant/MCGM is present. Steno is on leave.
    Adjourned for Order on Review Petition on 17.10.2023.
    Next Purpose: ORDER
    Next Hearing Date: 17-10-2023
    
    Date: 17-10-2023
    Business: Adv. Mr. Sandeep Hirwadekar for plaintiff No. 1 is present.
    Mr. Ramkrishana Updyay CA of plaintiff Nos. 2 to 11 is present in person. His advocate is absent.
    Adv. Mr. Khandagale h/f Adv. Mrs. Chavan for defendant No.17/ MCGM is present. Rest of the defendants are absent.
    LO at 1.05 p.m.
    The appearance is as above.
    Adv. Ms. S.P. Trivedi for plaintiff No.1 is present.
    Adv. Mr. Sharma for plaintiff Nos. 2 to 11 is present.
    F.R.S.R. Following Order is passed in Review Petition No. 43/2020.
    -: O R D E R :-
    01.	The review petition No. 43/2020 stands dismissed.
    02.	The review petition No. 43/2020 is, accordingly, disposed of.
    Adjourned for RE (PH) to 07.11.2023.
    Nature Of Disposal: DISMISSED
    Disposal Date: 17-10-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 103069/2020
    Filing Date: 04-03-2020
    First Hearing Date: 12th March 2020
    Decision Date: 17th October 2023
    Court Number And Judge: 11-COURT 11  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    17 Oct 2023

    Order Details: Miscellaneous appeal Pdf Text: CNR NO : MHCC01-002759-2020. .1. Misc. Application No. 43/2020 in L.C. Suit No. 10103/1991. IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. REVIEW PETITION NO. 43 OF 2020. IN CHAMBER SUMMONS NO. 886 OF 2013. IN L.C. SUIT NO. 10103 OF 1991. Arun Nigjibhai Mehta and the Others. …......… … PLAINTIFFS. V/s. Link Palace CHS Ltd.and the Others. ...……….. … DEFENDANTS. CORAM : SHRI. A.G. SANTANI. (Court Room No.11). DATED : 17th October, 2023.…

    Read Full Order

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