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NOTICE OF MOTION

Deewan Housing Corporation LtdVsSuhel Saudulla Khan And Ors

CNR MHCC01002795201959-Court 59 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--ALLOWED
Decision Date: 07th October 2022

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
101066/2019
Registration Date
12 Mar 2019

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: 12-04-2019
Business: Adv. Pradosh Patil for Plaintiff present.
Adv. Darshan Kaku for Defendant no.3 present.
He tendered original NM No.1066/19 t.o.r.
Deft no.2 and CA of Defendant no.1 present.
Ex.20 Application for discharge filed by Adv for Plaintiff t.o.r.
Adj for directions to 14.06.2019.
Next Purpose: DIRECTIONS
Next Hearing Date: 14-06-2019

Date: 14-06-2019
Business: Plff and Adv absent.
Deft and Adv absent.
Adv for Plaintiff is to place on record proof of intimation sent and served to the plaintiff.
Adj for compliance to 30.07.2019.
Next Purpose: COMPLIANCE
Next Hearing Date: 30-07-2019

Date: 30-07-2019
Business: Plff and Adv absent.
Adv. Darshan Kaku for defendant no.3 present.
CA of Deft no.1 and defendant no.2 present.
Defendant no.3 is directed to file affidavit of service relating to NM No.1066/19.
Adv for Plaintiff is directed to make compliance of order dtd. 14.06.2019.
Adj for compliance to 30.08.2019.
Next Purpose: COMPLIANCE
Next Hearing Date: 30-08-2019

Date: 30-08-2019
Business: Adjd for Compliance to 10/10/2019.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 10-10-2019

Date: 10-10-2019
Business: Adv. Sarita Yadav instructed by Shrivastava and company for Plaintiff
Ex 21 She filed V/N t.o.r.
Ruchita Kadam for defendant n o 1 and 2 present.
Adv. Dholkawala for defendant 3 present.
Adv. For defendant no 3 sought time to file service affidavit on record.
O- Time is granted.
Adjd. to 14.11.2019 for affidavit of service and reply.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 14-11-2019

Date: 14-11-2019
Business: Adv. Parita Chaube for plaintiff present.
Adv. Sonal Gawand for defendant no 3 present.
Defendant no 1 and 2 present.
Adv. for defendant no 3 sought time to file affidavit of service- granted.
Adjourned to 4.12.2019 for service.
Next Purpose: SERVICE
Next Hearing Date: 04-12-2019

Date: 04-12-2019
Business: None present for plaintiff.
Adv. Dhaval for defendant no 3 present.
He filed affidavit of service.
CA for defendant no 1 present.
Adjourned for NM reply to 7.01.2020
Next Purpose: REPLY
Next Hearing Date: 07-01-2020

Date: 07-01-2020
Business: Adv. Sarita Yadav for plaintiff present.
Adv. Reena Roland for defendant no 3 present.
CA of defendant no 2 present.
Adv. for plaintiff sought time to file reply
O- Granted as last chance.
Adjourned to 24.01.2020 for reply.
Next Purpose: REPLY
Next Hearing Date: 24-01-2020

Date: 24-01-2020
Business: Adv. Anjali Ghuge for plaintiff present.
CA of defendant No. 1 and defendant No. 2 inperson present.
Adv. for plaintiff submitted that due to assignment of rights Chamber summons has to be taken out and short time is required.
Adjourned to 15.02.2020 for NM reply.
Next Purpose: REPLY
Next Hearing Date: 15-02-2020

Date: 15-02-2020
Business: Plff present.
Adv Anjali Mughe for plff present.
Adv Stephanie Richards for deft no. 3 present.
Plff tendered draft CS. Leave granted to register.  Copy served to Adv for deft no. 3.
She also filed reply to NM 1066/2019. t.o.r. Copy served to Adv for deft no. 3.
Matter stands Adj for CS reply to 16/03/2020.
Next Purpose: C/S REPLY
Next Hearing Date: 16-03-2020

Date: 16-03-2020
Business: Plff and its Adv absent.
Adv Reena Rolland for deft no. 3 present.
She seeks time to file CS reply.  Granted.
Matter stands Adj for CS reply to 17/04/2020.
Next Purpose: C/S REPLY
Next Hearing Date: 17-04-2020

Date: 17-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S REPLY
Next Hearing Date: 06-05-2020

Date: 17-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S REPLY
Next Hearing Date: 06-05-2020

Date: 06-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S REPLY
Next Hearing Date: 28-05-2020

Date: 28-05-2020
Business: National Lockdown
Next Purpose: C/S REPLY
Next Hearing Date: 15-06-2020

Date: 28-05-2020
Business: National Lockdown
Next Purpose: C/S REPLY
Next Hearing Date: 15-06-2020

Date: 15-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S REPLY
Next Hearing Date: 23-09-2020

Date: 23-09-2020
Business: Declared Holiday
Next Purpose: C/S REPLY
Next Hearing Date: 07-12-2020

Date: 07-12-2020
Business: None present.
Matter stands Adj for Reply on Ch/s to 04.02.2021.
Next Purpose: C/S REPLY
Next Hearing Date: 04-02-2021

Date: 07-12-2020
Business: None present.
Matter stands Adj for Reply on Ch/s to 04.02.2021.
Next Purpose: C/S REPLY
Next Hearing Date: 04-02-2021

Date: 04-02-2021
Business: None present.
Matter stands Adj for Ch/s reply to 04.03.2021
Next Purpose: C/S REPLY
Next Hearing Date: 04-03-2021

Date: 04-02-2021
Business: None present.
Matter stands Adj for Ch/s reply to 04.03.2021
Next Purpose: C/S REPLY
Next Hearing Date: 04-03-2021

Date: 04-03-2021
Business: None for both parties.
Matter stands Adj for CS Reply to 30/03/2021.
Next Purpose: C/S REPLY
Next Hearing Date: 30-03-2021

Date: 30-03-2021
Business: None for plff.
Adv Stephanie Richards for deft no. 3 present.
Matter stands Adj for CS Reply to 08/06/2021.
Next Purpose: C/S REPLY
Next Hearing Date: 08-06-2021

Date: 08-06-2021
Business: Due to covid matter is adjourned.
Next Purpose: C/S REPLY
Next Hearing Date: 20-07-2021

Date: 20-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S REPLY
Next Hearing Date: 06-09-2021

Date: 06-09-2021
Business: None for plff.
Adv Reena for deft no. 3 present.
Suit is for recovery of amount.
Matter stands Adj to 21/10/2021 for CS Reply and Hearing.
Next Purpose: C/S REPLY
Next Hearing Date: 21-10-2021

Date: 21-10-2021
Business: Court is vacant
Next Purpose: C/S REPLY
Next Hearing Date: 02-12-2021

Date: 21-10-2021
Business: Court is vacant
Next Purpose: C/S REPLY
Next Hearing Date: 02-12-2021

Date: 02-12-2021
Business: Court is Vacant.
Next Purpose: C/S REPLY
Next Hearing Date: 05-02-2022

Date: 02-12-2021
Business: Court is Vacant.
Next Purpose: C/S REPLY
Next Hearing Date: 05-02-2022

Date: 05-02-2022
Business: COURT IS VACANT
Next Purpose: C/S REPLY
Next Hearing Date: 16-03-2022

Date: 05-02-2022
Business: COURT IS VACANT
Next Purpose: C/S REPLY
Next Hearing Date: 16-03-2022

Date: 16-03-2022
Business: None for plaintiff.
Adv Ruchita Kadam for defendant Nos. 1 and 3 present.
Record shows that vide order dated 15.02.2020 leave is granted to register Chamber Summons. However, registered Chamber Summons is not produced on record.
Advocate for defendant Nos. 1 and 3 submitted that copy of chamber summons not served upon to defendants. Plaintiff to tender registered Chamber Summons and served copy on the defendants.
Adjd on 27.06.2022 for reply on Chamber Summons.
Next Purpose: C/S REPLY
Next Hearing Date: 27-06-2022

Date: 27-06-2022
Business: Matter called out at 3.11 pm
None for plff
C.A. of def No1, def No.2 present
Adv Aishwarya Blandary H/f Adv M.J.Reena Rolland for Defendant No.3 present
Plff has not complied order dtd 16.03.2022.  Put up for appropriate order on Ch/s on next date.
Matter is adjd on 06.08.2022 for Order
Next Purpose: ORDER
Next Hearing Date: 06-08-2022

Date: 27-06-2022
Business: Matter called out at 3.11 pm
None for plff
C.A. of def No1, def No.2 present
Adv Aishwarya Blandary H/f Adv M.J.Reena Rolland for Defendant No.3 present
Plff has not complied order dtd 16.03.2022.  Put up for appropriate order on Ch/s on next date.
Matter is adjd on 06.08.2022 for Order
Next Purpose: ORDER
Next Hearing Date: 06-08-2022

Date: 06-08-2022
Business: Matter called out at 3.14 pm
None for plff
Adv Aishwarya Bhandary H/f Adv M.J. Reena Rolland for Defendant No.3 present
CA of defendant No.1, Defendant No.2 present.
Matter be fixed for hearing on NM 1066/19.
Matter is adjd on 07.10.2022 for NM Hrg
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-10-2022

Date: 06-08-2022
Business: Matter called out at 3.14 pm
None for plff
Adv Aishwarya Bhandary H/f Adv M.J. Reena Rolland for Defendant No.3 present
CA of defendant No.1, Defendant No.2 present.
Matter be fixed for hearing on NM 1066/19.
Matter is adjd on 07.10.2022 for NM Hrg
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-10-2022

Date: 07-10-2022
Business: Matter called out at 2.59 pm
None for plff
Defendant No.2 present
Adv Reena Rolland for defendant No.3 present
Heard adv for defendant No.3 on NM 1066/19.  Perused the Notice of Motion,  supporting affidavit and reply filed by the plaintiff.  The Notice of Motion is taken out by defendant No.3 to take on record the say of defendant No.3 and the documents tendered by plaintiff in the evidence.  Adv for defendant No.3 submits that when the documents and evidence was tendered by the plaintiff, the Written Statement of defendant No.3 was not on record.  Defendant No.3 subsequently filed the Written Statement.  Therefore, defendant No.3 be given the opportunity to submit say on the documents with list Exh 7.  Perused the record of the suit.  It reveals that on the admission given by defendant Nos. 1 and 2 some documents with list Exh 7 are marked Exhibit.  Some documents in the said list are yet to be marked Exhibit.  In view of the stage of the suit, opportunity can be given to defendant No.3 to tender say on the documents.  Though plaintiff has filed reply, contesting the prayer in the Notice of Motion no one is appearing for plaintiff since long.  In view of the reasons, mentioned in the supporting affidavit and the submissions of adv for defendant No.3 following order is passed in Notice of Motion No. 1066/2019
Order
1.   Notice of Motion No. 1066 of 2019 is made absolute in terms of prayer clause (a).
2.  Notice of Motion No. 1066 of 2019 is disposed off.
Say filed by defendant No.3 is t.o.r and marked as Exh 21
Despite of specific directions, plaintiff has not tendered registered chamber summons.  Today as well none present for the plaintiff.  Therefore, chamber summons tendered by the plaintiff on 15.02.2020 stands disposed off.  Matter is fixed for hearing on remaining documents with list Exh 7.
Matter is adjd on 06.12.2022 for Hrg
Nature Of Disposal: ALLOWED
Disposal Date: 07-10-2022

Additional Case Details

Additional Case Details
Filing Number: 102844/2019
Filing Date: 12-03-2019
First Hearing Date: 12th April 2019
Decision Date: 07th October 2022
Court Number And Judge: 59-Court 59 ADDL SESSIONS JUDGE

Orders

1
Final Order 1Full order available
07 Oct 2022

Order Details: Notice of Motion Pdf Text: Notice of Motion No. 1066 of 2019 Matter called out at 2.59 pm None for plff Defendant No.2 present Adv Reena Rolland for defendant No.3 present Heard adv for defendant No.3 on NM 1066/19. Perused the Notice of Motion, supporting affidavit and reply filed by the plaintiff. The Notice of Motion is taken out by defendant No.3 to take on record the say of defendant No.3 and the documents tendered by plaintiff in…

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