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NOTICE OF MOTION

Kumari Smita Karsandas UdeshiVsDeepak Karsandas Udeshi

CNR MHCC0100302320199-COURT 09 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 14th January 2020

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
101159/2019
Registration Date
16 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: 24-04-2019
    Business: Adv for plff present and tendered register NM 1159/19. TOR.
    Adv. for deft no. 1 is present and has filed to reply NM NO. 1159/19. TOR.
    Adv for deft no. 2 and 3 present and has filed WS. TOR.
    He has also filed pursis strating them the WS Exh. 8 be treated as reply of deft no. 2 to 3 to NM No. 1159/19.
    Adv. for deft. no. 4 present and failed to file WS and reply to NM and hence the suit shall proceed without WS and Nm shall proceed without reply of deft. no. 4.
    Adv. for deft no. 1 is present. and has filed to reply NM NO. 1159/19. TOR.
    Matter is adjd. to. 01/07/2019 for hearing NM.
    As plff and deft no 1 are Sr. citizens, as per the office order 66 of 2019 of Hon\''ble Principal Judge this matter will have to be transferred to Court Room No.09 constituted for cases pertaining to Sr. Citizens and accordingly this case be transferred to C.R.No.9. Parties to remain present on next date before C.R.No.09.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 01-07-2019
    
    Date: 01-07-2019
    Business: Advocate Mr. Parmar for Plaintiff present Advocate Ms. Dhwani for Defendant no.2 and 3 present Advocate Mr. Chaturvedi for Defendant no.4 present Court is busy in hearing NM in suit no.2447/18 and suit no.4705/2008, hence case is adjourned to 23/07/2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-07-2019
    
    Date: 23-07-2019
    Business: Court is busy in hearing NM in suit no.599/18 and court has to hear NM in suit no.627/13 and other matter, hence case is adjourned to  08/11/2019.
    Advocate J. V. Parmar for Plaintiff present and filed rejoinder to NM no.1159/19, t.o.r.
    Advocate Nadia Khan for Defendant no.2 and 3 present
    Advocate Makini Pansare for Defendant no.1 present.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-11-2019
    
    Date: 08-11-2019
    Business: Advocate J. V. Parmar for Plaintiff present
    Advocate Astha for Defendant no.1 present
    Advocate Naziya Khan for Defendant no.2 and 3 present and submitted that counsel appearing in this matter is not available today hence matter may be adjourned. Considering submissions adjourned.
    Case is adjourned to 14/01/2020 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-01-2020
    
    Date: 14-01-2020
    Business: Advocate Mr. J. V. Parmar for Plaintiff present
    Advocate Ms. Astha for Defendant no.1 present
    Advocate Mr. Dubhash for Defendant no.2 and 3 present
    Plaintiff and Defendant no.1 have filed consent terms by which Defendant no.1 has admitted that Plaintiff has occupancy right in 300 sq. ft. area from suit premises which is jointly possessed by Plaintiff and Defendant no.1.  Further, Plaintiff has undertaken that she will be entitled to have said area of 300 sq. ft. during her lifetime only and she will not create ownership or tenancy right or claim in respect of said 300 sq. ft.  Defendant no.1 has undertaken that Plaintiff will be entitled to said 300 sq. ft. joint area even if suit premises will be redeveloped.  Consent terms t.o.r. and marked as Exh.9.
    Plaintiff and Defendant no.1 present with their advocates and admitted contents of consent terms.  Plaintiff and Defendant no.1 are directed to sign consent terms in presence of Court. Accordingly, they have signed consent terms in presence of the Court.  As such consent terms are verified.
                                    ORDER BELOW EXH.1
    1.  Plaintiff and Defendant no.1 have entered into consent terms Exh.9, hence, Plaintiff\''s claim has become infructuous, therefore suit is necessary to be disposed off as Plaintiff and Defendant no.1 have entered into consent terms and Plaintiff will not have any right against Defendant no.2 to 4, hence suit stands dismissed in terms of consent terms Exh.9.
    2. Notice of Motion no.1159/19 also stands disposed off accordingly.
    Nature Of Disposal: DISMISSED
    Disposal Date: 14-01-2020

    Additional Case Details

    Additional Case Details
    Filing Number: 103161/2019
    Filing Date: 16-03-2019
    First Hearing Date: 24th April 2019
    Decision Date: 14th January 2020
    Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    14 Jan 2020

    Order Details: Notice of Motion Pdf Text: Advocate Mr. J. V. Parmar for Plaintiff present Advocate Ms. Astha for Defendant no.1 present Advocate Mr. Dubhash for Defendant no.2 and 3 present Plaintiff and Defendant no.1 have filed consent terms by which Defendant no.1 has admitted that Plaintiff has occupancy right in 300 sq. ft. area from suit premises which is jointly possessed by Plaintiff and Defendant no.1. Further, Plaintiff has undertaken that she will be entitled to have said area…

    Read Full Order

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