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NOTICE OF MOTION

Mr. Virendra Prasad Girijaprasad ShuklaVsKantidevi Girija Prasad Shukla

CNR MHCC01003028201962-COURT 62 AD-HOC ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 04th September 2023

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
101160/2019
Registration Date
16 Mar 2019

Advocates

1

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 03-04-2019
    Business: Matter adj. for Compliance and NM Hearing to 10.07.2019.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 10-07-2019
    
    Date: 10-07-2019
    Reason For Adjournment: court time is over
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 20-09-2019
    
    Date: 20-09-2019
    Business: Advocate M.A. Ansari for Plaintiff present
    Advocate Rajendra Bhandary for Defendant present
    Court is busy in dictating Judgment in suit no.4470/08 hence case is adjourned to 19/10/2019 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-10-2019
    
    Date: 20-09-2019
    Business: Advocate M.A. Ansari for Plaintiff present
    Advocate Rajendra Bhandary for Defendant present
    Court is busy in dictating Judgment in suit no.4470/08 hence case is adjourned to 19/10/2019 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-10-2019
    
    Date: 20-09-2019
    Business: Advocate M.A. Ansari for Plaintiff present
    Advocate Rajendra Bhandary for Defendant present
    Court is busy in dictating Judgment in suit no.4470/08 hence case is adjourned to 19/10/2019 for NM hearing.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 19-10-2019
    
    Date: 19-10-2019
    Business: Advocate M A. Ansari for Plaintiff present and filed registered Notice of Motion no.3794/2019 with affidavit in support, t.o.r.   Advocate for Plaintiff submitted that advocate for Defendant no.1 has informed Plaintiff  advocate that advocate for Defendant no.1 is unable to attend the Court.
    Defendant no.1 present.
    Advocate Nita Bhandary for Defendant no.2 present and filed NM reply, t.o.r.
    Case is adjourned to 09/12/2019 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-12-2019
    
    Date: 09-12-2019
    Business: Advocate for Plaintiff present
    Advocate Mr. Trivedi h/f Adv. Patil for Defendant no.1 present and filed NM reply, t.o.r.
    Advocate Mr. Bhandary for Defendant no.2 present and filed draft Notice of Motion with affidavit in support of Notice of Motion on the ground of resjudicata contending that Defendant no.2 has filed suit no.714/10 before Civil Judge Junior Division Basti, U.P. and said suit is decided by said court against which appeal is pending before Hon\''ble High Court Allahabad.  Leave to register Notice of Motion is granted.  Defendant no.2 is directed to serve copy of NM  upon Plaintiff and Defendant no.1.
    Case is adjourned to 13/02/2020 for NM reply and hearing of registered Nms.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-02-2020
    
    Date: 13-02-2020
    Business: Adv.  Mohd. Ansari for Plaintiff present and filed reply to NM 4829/19 t.o.r.
    Adv. Rajendra Bhandari for Defendant No.2 present and filed registered NM 4829/19 t.o.r.
    As Court is busy in dictating Judgment in Suit No. 3677/11, board is discharged.
    Case is adjourned to 27/4/2020 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-04-2020
    
    Date: 13-02-2020
    Business: Adv.  Mohd. Ansari for Plaintiff present and filed reply to NM 4829/19 t.o.r.
    Adv. Rajendra Bhandari for Defendant No.2 present and filed registered NM 4829/19 t.o.r.
    As Court is busy in dictating Judgment in Suit No. 3677/11, board is discharged.
    Case is adjourned to 27/4/2020 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-04-2020
    
    Date: 13-02-2020
    Business: Adv.  Mohd. Ansari for Plaintiff present and filed reply to NM 4829/19 t.o.r.
    Adv. Rajendra Bhandari for Defendant No.2 present and filed registered NM 4829/19 t.o.r.
    As Court is busy in dictating Judgment in Suit No. 3677/11, board is discharged.
    Case is adjourned to 27/4/2020 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-04-2020
    
    Date: 13-02-2020
    Business: Adv.  Mohd. Ansari for Plaintiff present and filed reply to NM 4829/19 t.o.r.
    Adv. Rajendra Bhandari for Defendant No.2 present and filed registered NM 4829/19 t.o.r.
    As Court is busy in dictating Judgment in Suit No. 3677/11, board is discharged.
    Case is adjourned to 27/4/2020 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-04-2020
    
    Date: 27-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-05-2020
    
    Date: 27-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-05-2020
    
    Date: 27-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-05-2020
    
    Date: 27-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-05-2020
    
    Date: 18-05-2020
    Business: Due to Covid 19 pandemic, matters are adjourned as per Office order no.77.2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-06-2020
    
    Date: 05-06-2020
    Business: Case is adjd.to 23.06.20 in view of extension of Lockdown period as per office order no.83/20 dtd.01.06.20
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-06-2020
    
    Date: 05-06-2020
    Business: Case is adjd.to 23.06.20 in view of extension of Lockdown period as per office order no.83/20 dtd.01.06.20
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-06-2020
    
    Date: 05-06-2020
    Business: Case is adjd.to 23.06.20 in view of extension of Lockdown period as per office order no.83/20 dtd.01.06.20
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-06-2020
    
    Date: 05-06-2020
    Business: Case is adjd.to 23.06.20 in view of extension of Lockdown period as per office order no.83/20 dtd.01.06.20
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-06-2020
    
    Date: 23-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-08-2020
    
    Date: 23-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-08-2020
    
    Date: 23-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-08-2020
    
    Date: 23-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-08-2020
    
    Date: 20-08-2020
    Business: Adjourned due to Covid-19.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-11-2020
    
    Date: 02-11-2020
    Business: None present for Plaintiffs.
    None present for Defendant.
    It seems that due to Corona pandemic, parties are absent, hence case is adjourned to 02.02.2021 for N/M hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-02-2021
    
    Date: 02-11-2020
    Business: None present for Plaintiffs.
    None present for Defendant.
    It seems that due to Corona pandemic, parties are absent, hence case is adjourned to 02.02.2021 for N/M hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-02-2021
    
    Date: 02-11-2020
    Business: None present for Plaintiffs.
    None present for Defendant.
    It seems that due to Corona pandemic, parties are absent, hence case is adjourned to 02.02.2021 for N/M hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-02-2021
    
    Date: 02-11-2020
    Business: None present for Plaintiffs.
    None present for Defendant.
    It seems that due to Corona pandemic, parties are absent, hence case is adjourned to 02.02.2021 for N/M hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-02-2021
    
    Date: 02-02-2021
    Business: None present for plff.
    Adv Mr. Bhandari for deft No.2 present and seeks adjournment.
    As nobody is present for plff, on request of advocate of deft No.1 Matter is adjd. for NM hearing to 23.04.2021.
    Judge
    L.O.
    Adv.Mr. Ansari for plff present.
    Alrady adjd. to 23.04.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-04-2021
    
    Date: 23-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-06-2021
    
    Date: 23-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-06-2021
    
    Date: 23-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-06-2021
    
    Date: 23-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-06-2021
    
    Date: 24-06-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-08-2021
    
    Date: 24-06-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-08-2021
    
    Date: 24-06-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-08-2021
    
    Date: 24-06-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-08-2021
    
    Date: 24-06-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-08-2021
    
    Date: 24-06-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-08-2021
    
    Date: 12-08-2021
    Business: Adv. for Ansari for plff present and mentioned the matter in the morning session. He seeks adjournment.
    Matter is on the board of afternoon session hence kept back.
    L.O. at 3.00 p.m.
    None present for deft.
    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: 21-12-2021
    
    Date: 25-10-2021
    Business: court is on Leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-12-2021
    
    Date: 25-10-2021
    Business: court is on Leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-12-2021
    
    Date: 25-10-2021
    Business: court is on Leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-12-2021
    
    Date: 21-12-2021
    Business: court is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-02-2022
    
    Date: 21-12-2021
    Business: court is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-02-2022
    
    Date: 21-12-2021
    Business: court is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-02-2022
    
    Date: 02-02-2022
    Business: Due to covid 19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-03-2022
    
    Date: 02-02-2022
    Business: Due to covid 19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-03-2022
    
    Date: 02-03-2022
    Business: Adv. Ansari for plaintiff present
    Adv.Rajendra Bhandari for defendant No.2 present and filed rejoinder in Notice of Motion No.4829 of 2019. Copy given to the advocate for the plaintiff.
    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 Mr. Ansari present for plff.
    Adv Mr. Rajendra Bhandari  present for deft.No.2 and seeks adjournment.
    By consent, matter is adjd. for NM hearing to 20.04.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-04-2022
    
    Date: 20-04-2022
    Business: Plff present with his Adv Mr. Ansari.
    Deft No.2 is present with his  Adv Mr. Rajendra Bhandari.
    It appears that there exists an element of settlement as plff and deft No.2 are real brothers and deft No.1 is their mother hence, matter is referred to Lokadalat scheduled to be held on 07.05.2022.
    Matter is adjd. for settlement to 07.05.2022.
    Next Purpose: SETTLEMENT
    Next Hearing Date: 07-05-2022
    
    Date: 07-05-2022
    Business: CORAM: H.H.J. Shri. A.H. Laddhad National Lok Adalat Panel - 8
    Defendant No. 2 in person present.
    Plaintiff through his Advocate M.A. Ansari present.
    Defendant No. 2 through his Advocate Rajendra Bhandari present.
    Matter is not settled, referred to regular Court.
    Plaintiff requested to keep the matter before Vacation Court as he wanted an Interim order.
    The request is oppose by the Advocate of Defendant No 2 as he is going out of town.
    However looking to the nature of suit and past proceeding filed by defendant No. 2 himself.
    Matter is keep on 09.05.2022
    Matter adjourned to 09.05.2022.
    
      H.H.J. Shri. A.H. Laddhad    Adv. Rohan Waghmare     Adv. Tejas Kothalikar
     Panel Head                      Panel member              Panel Member
    Next Purpose: SETTLEMENT
    Next Hearing Date: 09-05-2022
    
    Date: 09-05-2022
    Business: CORAM: H.H.J. Shri. S.T. SOOR  Court No.2                                   Matter pertains to C.R. No. 62.
    
       Plff. present.  Adv. Ansari for plff. present.                                                                                                 Deft. No.2 present  and filed adjournment  application. t.o.r.                                          Matter stands Adj for NM Hearing  to 23.05.22.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-05-2022
    
    Date: 23-05-2022
    Business: Adv. Ansari for plaintiff present.
    Adv. Smt. Nita Bhandari for defendant No.2 present and seeks adjournment by submitting that her senior advocate is not available today.
    Advocate for the plaintiff submitted that interim order has been passed by this court in favour of the plaintiff on 25/02/2019 and it is necessary to give police protection to implement the said order. Learned advocate for the plaintiff though is seeking relief to give police protection, this court is of the opinion that order dtd.25/02/2019 is an executable order. In absence of filing execution, the prayer for grant of police protection cannot be accepted. However, NM No.1160 of 2019 be kept for hearing on next date as advocate for defendant No.2 is not available today.
    By consent, matter is adjd. for NM hearing to 09/06/2022
    Judge
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-06-2022
    
    Date: 09-06-2022
    Business: Plaintiff present.
    Adv.Mohd.Akbar Ansari for plaintiff present.
    Defendant No.2 present.
    KB
    LO at 03.10 pm,
    Adv.Mohd.Akbar Ansari for plaintiff present.
    Adv.Rajendra Bhandari for deft.No.2 present.
           The Ld.Adv. for pltff. submits that as per the last roznama execution application is filed. He submits that he will press NM 1160/19 after the decision of execution application.
               The Ld.Adv. for the deft. No.2 submits that notice of motion No.4829/19 is pending and he will proceed with the same on the next date.
    Matter adjd to 22.07.2022 at morning for hearing on NM.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-07-2022
    
    Date: 22-07-2022
    Business: Plaintiff present. Defendant No.2 present.
    Adv.M.A.Ansari for plaintiff present.
    Adv.R.S. Khatib i/b.Adv.Patel for deft. No.1 present.
    Adv.Siddharth Dustakar present and filed vakalatnama on behalf of deft.No.2 t.o.r. and marked as Exh.6.
    Matter adjd to 17.08.2022 for NM Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-08-2022
    
    Date: 17-08-2022
    Business: Plaintiff present. Defendant present.
    Adv.M.A. Ansari for plaintiff present.
    Adv.Siddharth Dustakar h/f.Adv.Rajendra Shukla for deft.No.2 present.
    Matter adjd to 21.09.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-09-2022
    
    Date: 17-08-2022
    Business: Plaintiff present. Defendant present.
    Adv.M.A. Ansari for plaintiff present.
    Adv.Siddharth Dustakar h/f.Adv.Rajendra Shukla for deft.No.2 present.
    Matter adjd to 21.09.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-09-2022
    
    Date: 17-08-2022
    Business: Plaintiff present. Defendant present.
    Adv.M.A. Ansari for plaintiff present.
    Adv.Siddharth Dustakar h/f.Adv.Rajendra Shukla for deft.No.2 present.
    Matter adjd to 21.09.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-09-2022
    
    Date: 21-09-2022
    Business: Adv.Mohd.Akbar Ansari for plaintiff present.
    Adv.Vaibhavi Gala for deft.No.2 present.
    Matter adjd to 02.11.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-11-2022
    
    Date: 21-09-2022
    Business: Adv.Mohd.Akbar Ansari for plaintiff present.
    Adv.Vaibhavi Gala for deft.No.2 present.
    Matter adjd to 02.11.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-11-2022
    
    Date: 21-09-2022
    Business: Adv.Mohd.Akbar Ansari for plaintiff present.
    Adv.Vaibhavi Gala for deft.No.2 present.
    Matter adjd to 02.11.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-11-2022
    
    Date: 02-11-2022
    Business: Adv.M.A. Ansari for plaintiff present.
    Adv.D.M. Trivedi for deft.No.1 present.
    KB
    LO at 03.35 pm
    Adv.M.A. Ansari for plaintiff present.
    Adv.D.M. Trivedi for deft.No.1 present.
    Adv.Vaibhavi Gala for deft.No.2 present.
    Heard Adv.Ansari and Adv.Trivedi in execution application No.196/22.
    Adv.Vaibhavi Gala for deft. No.2 requested for adjournment. Last chance granted.
    Matter adjd to 29.11.2022 for argument of deft.No.2 in Ex.Appln.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-11-2022
    
    Date: 02-11-2022
    Business: Adv.M.A. Ansari for plaintiff present.
    Adv.D.M. Trivedi for deft.No.1 present.
    KB
    LO at 03.35 pm
    Adv.M.A. Ansari for plaintiff present.
    Adv.D.M. Trivedi for deft.No.1 present.
    Adv.Vaibhavi Gala for deft.No.2 present.
    Heard Adv.Ansari and Adv.Trivedi in execution application No.196/22.
    Adv.Vaibhavi Gala for deft. No.2 requested for adjournment. Last chance granted.
    Matter adjd to 29.11.2022 for argument of deft.No.2 in Ex.Appln.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-11-2022
    
    Date: 02-11-2022
    Business: Adv.M.A. Ansari for plaintiff present.
    Adv.D.M. Trivedi for deft.No.1 present.
    KB
    LO at 03.35 pm
    Adv.M.A. Ansari for plaintiff present.
    Adv.D.M. Trivedi for deft.No.1 present.
    Adv.Vaibhavi Gala for deft.No.2 present.
    Heard Adv.Ansari and Adv.Trivedi in execution application No.196/22.
    Adv.Vaibhavi Gala for deft. No.2 requested for adjournment. Last chance granted.
    Matter adjd to 29.11.2022 for argument of deft.No.2 in Ex.Appln.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-11-2022
    
    Date: 02-11-2022
    Business: Adv.M.A. Ansari for plaintiff present.
    Adv.D.M. Trivedi for deft.No.1 present.
    KB
    LO at 03.35 pm
    Adv.M.A. Ansari for plaintiff present.
    Adv.D.M. Trivedi for deft.No.1 present.
    Adv.Vaibhavi Gala for deft.No.2 present.
    Heard Adv.Ansari and Adv.Trivedi in execution application No.196/22.
    Adv.Vaibhavi Gala for deft. No.2 requested for adjournment. Last chance granted.
    Matter adjd to 29.11.2022 for argument of deft.No.2 in Ex.Appln.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-11-2022
    
    Date: 02-11-2022
    Business: Adv.M.A. Ansari for plaintiff present.
    Adv.D.M. Trivedi for deft.No.1 present.
    KB
    LO at 03.35 pm
    Adv.M.A. Ansari for plaintiff present.
    Adv.D.M. Trivedi for deft.No.1 present.
    Adv.Vaibhavi Gala for deft.No.2 present.
    Heard Adv.Ansari and Adv.Trivedi in execution application No.196/22.
    Adv.Vaibhavi Gala for deft. No.2 requested for adjournment. Last chance granted.
    Matter adjd to 29.11.2022 for argument of deft.No.2 in Ex.Appln.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-11-2022
    
    Date: 02-11-2022
    Business: Adv.M.A. Ansari for plaintiff present.
    Adv.D.M. Trivedi for deft.No.1 present.
    KB
    LO at 03.35 pm
    Adv.M.A. Ansari for plaintiff present.
    Adv.D.M. Trivedi for deft.No.1 present.
    Adv.Vaibhavi Gala for deft.No.2 present.
    Heard Adv.Ansari and Adv.Trivedi in execution application No.196/22.
    Adv.Vaibhavi Gala for deft. No.2 requested for adjournment. Last chance granted.
    Matter adjd to 29.11.2022 for argument of deft.No.2 in Ex.Appln.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-11-2022
    
    Date: 29-11-2022
    Business: Adv.M.A. Ansari for plaintiff present.
    Adv.Siddharth Dustagar for defendant No.2 present.
    The Adv.for deft.No.2 requested for the adjournment on personal medical ground.
    Matter adj. to 19.12.2022 at morning for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-12-2022
    
    Date: 29-11-2022
    Business: Adv.M.A. Ansari for plaintiff present.
    Adv.Siddharth Dustagar for defendant No.2 present.
    The Adv.for deft.No.2 requested for the adjournment on personal medical ground.
    Matter adj. to 19.12.2022 at morning for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-12-2022
    
    Date: 19-12-2022
    Business: None present for both sides.
    KB
    LO at 11.40 am
    None present for both sides.
    KB
    LO at 12.30 pm
    None present for both sides.
    KB
    LO at 03.10 pm
    Adv.Siddharth Dustakar for plaintiff present.
    Adv.Ansari for defendant present.
    (As Court is busy in dictating judgment in Suit No.7257/2005, hence, adjourned.)
    Matter adjd to 21.01.2023 at 02.45 pm for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-01-2023
    
    Date: 19-12-2022
    Business: None present for both sides.
    KB
    LO at 11.40 am
    None present for both sides.
    KB
    LO at 12.30 pm
    None present for both sides.
    KB
    LO at 03.10 pm
    Adv.Siddharth Dustakar for plaintiff present.
    Adv.Ansari for defendant present.
    (As Court is busy in dictating judgment in Suit No.7257/2005, hence, adjourned.)
    Matter adjd to 21.01.2023 at 02.45 pm for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-01-2023
    
    Date: 19-12-2022
    Business: None present for both sides.
    KB
    LO at 11.40 am
    None present for both sides.
    KB
    LO at 12.30 pm
    None present for both sides.
    KB
    LO at 03.10 pm
    Adv.Siddharth Dustakar for plaintiff present.
    Adv.Ansari for defendant present.
    (As Court is busy in dictating judgment in Suit No.7257/2005, hence, adjourned.)
    Matter adjd to 21.01.2023 at 02.45 pm for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-01-2023
    
    Date: 19-12-2022
    Business: None present for both sides.
    KB
    LO at 11.40 am
    None present for both sides.
    KB
    LO at 12.30 pm
    None present for both sides.
    KB
    LO at 03.10 pm
    Adv.Siddharth Dustakar for plaintiff present.
    Adv.Ansari for defendant present.
    (As Court is busy in dictating judgment in Suit No.7257/2005, hence, adjourned.)
    Matter adjd to 21.01.2023 at 02.45 pm for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-01-2023
    
    Date: 19-12-2022
    Business: None present for both sides.
    KB
    LO at 11.40 am
    None present for both sides.
    KB
    LO at 12.30 pm
    None present for both sides.
    KB
    LO at 03.10 pm
    Adv.Siddharth Dustakar for plaintiff present.
    Adv.Ansari for defendant present.
    (As Court is busy in dictating judgment in Suit No.7257/2005, hence, adjourned.)
    Matter adjd to 21.01.2023 at 02.45 pm for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-01-2023
    
    Date: 19-12-2022
    Business: None present for both sides.
    KB
    LO at 11.40 am
    None present for both sides.
    KB
    LO at 12.30 pm
    None present for both sides.
    KB
    LO at 03.10 pm
    Adv.Siddharth Dustakar for plaintiff present.
    Adv.Ansari for defendant present.
    (As Court is busy in dictating judgment in Suit No.7257/2005, hence, adjourned.)
    Matter adjd to 21.01.2023 at 02.45 pm for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-01-2023
    
    Date: 21-01-2023
    Business: Adv.Khatib for plaintiff present.
    Adv.Siddharth Dustakar for defendant No.2 present.
    KB as matter is in the afternoon board.
    LO at 03.25 pm
    Adv.Khatib for plaintiff present.
    Adv.Vaibhavi Gala h/f.Adv.Siddharth Dustakar for defendant No.2 present.
    On request of defendant No.2 last chance is granted for NM hearing.
    Matter adj. to 08.02.2023 at morning for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-02-2023
    
    Date: 08-02-2023
    Business: Court is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-03-2023
    
    Date: 06-03-2023
    Business: Adv.M.A. Ansari for plaintiff present.
    None present for defendants.
    KB
    LO at 03.30 pm
    Adv.M.A. Ansari for plaintiff present.
    Adv.D.M. Trivedi for defendant No.1 present.
    None present for defendant No.2. No argument of defendant No.2 in execution.
    Matter adjd to 24.03.2023 for order.
    LO at 04.55 pm
    Adv.Siddharth Dustakar h/f.Rajendra Shukla for defendant No.2 present.
    Matter adjd to 24.03.2023 for order.
    Next Purpose: ORDER
    Next Hearing Date: 24-03-2023
    
    Date: 24-03-2023
    Business: Court is on leave.
    Next Purpose: ORDER
    Next Hearing Date: 01-04-2023
    
    Date: 01-04-2023
    Business: None present for plaintiff.
    Adv.Siddharth Dustakar for defendant No.2 present and filed draft notice of motion (set aside) a/w. Affidavit in support. O-Leave granted to register draft NM.
    KB
    LO at 03.10 pm
    Adv.Mohammed Akbar Ansari for plaintiff present.
    Adv.Siddharth Dustakar for defendant No.2 present.
    The plaintiff received copy of draft NM filed today. He filed handwritten reply today.
    KB
    LO at 03.35 pm
    Adv.Mohammed Akbar Ansari for plaintiff present.
    Adv.Siddharth Dustakar for defendant No.2 present.
    Adv.Dipak Trivedi for defendant No.1 present. He also signed the reply filed by defendant No.1 and adopted the same.
    Heard both the parties in draft NM.
    ORDER IN DRAFT NM
           Read the affidavit in support of motion. Read the roznama dated 06.03.2023. The defendant No.2 failed to proceed with argument in execution, therefore, no argument order has been passed against defendant No.2. Read the roznama dated 02.11.2022. The plaintiff\''s argument was heard. On that date the defendant No.2 sought time to advance his argument. On 19.12.2022, 21.01.2023, the defendant No.2 failed to proceed with argument. On 06.03.2023 also he remained absent. After of sufficient opportunities the Court has passed order of no argument against defendant No.2.  However, giving an opportunity in the interest of justice I am of the view to allow the motion. Hence, I pass the following order.
    ORDER
    1. Draft Notice of Motion is allowed subject to costs of Rs.1000/- (Rupees One Thousand Only.).
    2. Order dated 06.03.2023 directing the suit to proceed without argument of defendant No.2 is set aside.
    3. Costs shall be paid to the plaintiff.
    4. Draft Notice of Motion is disposed of accordingly. It be registered for statistical purpose.
    Matter adjd to 18.04.2023 at 02.45 pm for compliance/NM hearing.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 18-04-2023
    
    Date: 18-04-2023
    Business: Adv.M.S. Ansari for plaintiff present.
    Adv.Siddharth Dustakar for defendant No.2 present.
    KB
    LO at 04.30 pm
    Defendant No.2 present.
    Adv.M.S. Ansari for plaintiff present.
    Adv.Siddharth Dustakar for defendant No.2 present.
    Heard the Ld.adv.for defendant No.2 in execution No.196/22.
    Matter adjd to 21.04.2023 for citations by pltff.
    Next Purpose: CIATATION
    Next Hearing Date: 21-04-2023
    
    Date: 21-04-2023
    Business: Adv.M.S. Ansari for plaintiff present.
    Adv.Siddharth Dustakar for defendant No.2 present.
    KB
    LO at 03.40 pm
    Adv.M.S. Ansari for plaintiff present.
    Adv.Siddharth Dustakar for defendant No.2 present.
    KB
    LO at 04.00 pm
    Adv.M.S. Ansari for plaintiff present.
    Adv.Siddharth Dustakar for defendant No.2 present.
    KB
    LO at 04.45 pm
    Same appearance.
    Matter adjd to 02.05.2023 for citation.
    Next Purpose: CIATATION
    Next Hearing Date: 02-05-2023
    
    Date: 02-05-2023
    Business: Plaintiff present. His Adv. absent.
    Adv.Siddharth Dustagar for defendant No.2 present.
    KB
    LO at 06.00 pm
    Adv.M.S. Ansari for plaintiff present.
    Adv.Trivedi for defendant No.1 present.
    Adv.Siddharth Dustakar for defendant No.2 present.
    As Court is busy in dictating judgment in SU 7210/06 and in SU 2477/21, hence, matter adjd to 14.06.2023 for order in NM.
    Next Purpose: ORDER
    Next Hearing Date: 14-06-2023
    
    Date: 14-06-2023
    Business: Adv. M. A. Ansari  for  plaintiff present.
    Adv. Siddharth Dustakar for defendant present.
    Matter is adjd.to  21-06-2023 for NM Hrg.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 21-06-2023
    
    Date: 21-06-2023
    Next Purpose: HEARING
    Next Hearing Date: 07-07-2023
    
    Date: 21-06-2023
    Next Purpose: HEARING
    Next Hearing Date: 07-07-2023
    
    Date: 21-06-2023
    Next Purpose: HEARING
    Next Hearing Date: 07-07-2023
    
    Date: 21-06-2023
    Next Purpose: HEARING
    Next Hearing Date: 07-07-2023
    
    Date: 07-07-2023
    Business: Adv. Ansari a/w plaintiff present.
    Adv. Dustakar for defendant no. 2 present.
    Matter is adjd.to 12-07-2023 for Hearing.
    Next Purpose: HEARING
    Next Hearing Date: 12-07-2023
    
    Date: 12-07-2023
    Next Purpose: ORDER
    Next Hearing Date: 27-07-2023
    
    Date: 12-07-2023
    Next Purpose: ORDER
    Next Hearing Date: 27-07-2023
    
    Date: 12-07-2023
    Business: Adv. Mohd. Akbar Ansari a/w plaintiff present.
    Adv. D. M. Trivedi  for defendant no. 1 present.
    Adv. Dustakar for defendant no. 2 present.
    Heard both sides.
    Matter is adjd.to  27-07-2023 for exec. application Order.
    Next Purpose: ORDER
    Next Hearing Date: 27-07-2023
    
    Date: 12-07-2023
    Next Purpose: ORDER
    Next Hearing Date: 27-07-2023
    
    Date: 12-07-2023
    Next Purpose: ORDER
    Next Hearing Date: 27-07-2023
    
    Date: 27-07-2023
    Next Purpose: ORDER
    Next Hearing Date: 01-08-2023
    
    Date: 27-07-2023
    Next Purpose: ORDER
    Next Hearing Date: 01-08-2023
    
    Date: 27-07-2023
    Next Purpose: ORDER
    Next Hearing Date: 01-08-2023
    
    Date: 27-07-2023
    Next Purpose: ORDER
    Next Hearing Date: 01-08-2023
    
    Date: 27-07-2023
    Next Purpose: ORDER
    Next Hearing Date: 01-08-2023
    
    Date: 01-08-2023
    Business: Adv. M. A. Ansari for plaintiff present.
    Adv. Siddharth Dustakar for defendant no. 2 present.
    Matter is adjd.to 09-08-2023 for Order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 09-08-2023
    
    Date: 09-08-2023
    Business: Adv. Ansari for Plaintiff present.
    Adv. Siddharth Dustakar for defendant no. 2 in suit and  exec. application no.  196/22 present.
    Matter is adjd.to 25-08-2023 for Order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 25-08-2023
    
    Date: 09-08-2023
    Business: Adv. Ansari for Plaintiff present.
    Adv. Siddharth Dustakar for defendant no. 2 in suit and  exec. application no.  196/22 present.
    Matter is adjd.to 25-08-2023 for Order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 25-08-2023
    
    Date: 09-08-2023
    Business: Adv. Ansari for Plaintiff present.
    Adv. Siddharth Dustakar for defendant no. 2 in suit and  exec. application no.  196/22 present.
    Matter is adjd.to 25-08-2023 for Order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 25-08-2023
    
    Date: 09-08-2023
    Business: Adv. Ansari for Plaintiff present.
    Adv. Siddharth Dustakar for defendant no. 2 in suit and  exec. application no.  196/22 present.
    Matter is adjd.to 25-08-2023 for Order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 25-08-2023
    
    Date: 09-08-2023
    Business: Adv. Ansari for Plaintiff present.
    Adv. Siddharth Dustakar for defendant no. 2 in suit and  exec. application no.  196/22 present.
    Matter is adjd.to 25-08-2023 for Order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 25-08-2023
    
    Date: 09-08-2023
    Business: Adv. Ansari for Plaintiff present.
    Adv. Siddharth Dustakar for defendant no. 2 in suit and  exec. application no.  196/22 present.
    Matter is adjd.to 25-08-2023 for Order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 25-08-2023
    
    Date: 25-08-2023
    Business: Adv. Mohammed Ansari for plaintiff present alongwith plaintiff present.
    None for defendant
    k.b. for order. Later on 4.25pm.
    Plaintiff present.
    Adv. Siddharth Dustakar for defendant present.
    As court is busy in dictating order in NM No. 94/23 and NM No.3948/22 in Suit No. 2235/22.
    Matter is adjd.to   29-08-2023 for Order
    Next Purpose: NM  ORDERS
    Next Hearing Date: 29-08-2023
    
    Date: 25-08-2023
    Business: Adv. Mohammed Ansari for plaintiff present alongwith plaintiff present.
    None for defendant
    k.b. for order. Later on 4.25pm.
    Plaintiff present.
    Adv. Siddharth Dustakar for defendant present.
    As court is busy in dictating order in NM No. 94/23 and NM No.3948/22 in Suit No. 2235/22.
    Matter is adjd.to   29-08-2023 for Order
    Next Purpose: NM  ORDERS
    Next Hearing Date: 29-08-2023
    
    Date: 25-08-2023
    Business: Adv. Mohammed Ansari for plaintiff present alongwith plaintiff present.
    None for defendant
    k.b. for order. Later on 4.25pm.
    Plaintiff present.
    Adv. Siddharth Dustakar for defendant present.
    As court is busy in dictating order in NM No. 94/23 and NM No.3948/22 in Suit No. 2235/22.
    Matter is adjd.to   29-08-2023 for Order
    Next Purpose: NM  ORDERS
    Next Hearing Date: 29-08-2023
    
    Date: 25-08-2023
    Business: Adv. Mohammed Ansari for plaintiff present alongwith plaintiff present.
    None for defendant
    k.b. for order. Later on 4.25pm.
    Plaintiff present.
    Adv. Siddharth Dustakar for defendant present.
    As court is busy in dictating order in NM No. 94/23 and NM No.3948/22 in Suit No. 2235/22.
    Matter is adjd.to   29-08-2023 for Order
    Next Purpose: NM  ORDERS
    Next Hearing Date: 29-08-2023
    
    Date: 25-08-2023
    Business: Adv. Mohammed Ansari for plaintiff present alongwith plaintiff present.
    None for defendant
    k.b. for order. Later on 4.25pm.
    Plaintiff present.
    Adv. Siddharth Dustakar for defendant present.
    As court is busy in dictating order in NM No. 94/23 and NM No.3948/22 in Suit No. 2235/22.
    Matter is adjd.to   29-08-2023 for Order
    Next Purpose: NM  ORDERS
    Next Hearing Date: 29-08-2023
    
    Date: 29-08-2023
    Business: Court is on leave.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 04-09-2023
    
    Date: 04-09-2023
    Business: Adv. Mohd. Akbar Ansari for plaintiff present.
    Adv. Siddharth Dustakar for defendant present.
    ORDER
           1. Execution Application No.196 of 2022 and Notice of Motion No.1160 of 2019 stands allowed.
                       2. Mr Anil Laxman Korgaonkar, Architect, is appointed as a Court Commissioner for effecting temporary partition of the suit premises by demarcating 1/3rd share each of the plaintiff Mr. Virendra Prasad Girijaprasad Shukla, defendant No.1 Kantidevi Girija Prasad Shukla, defendant No.2. Mr. Rajendra Girija Prasad Shukla in terms of the Order dated 25.02.2019 passed by this Court based upon the decree passed by this Court in S.C. Suit No.545/2017 on 26.10.2018 under Order 12 Rule 6 of CPC subject to payment of reasonable fee/remuneration of the Court Commissioner by the plaintiff Virendra Prasad Shukla.
                       3. The Sr. Inspector of Nagpada Police Station, Mumbai, is directed to make available suitable number of police personnel to the plaintiff Virendra Prasad Girijaprasad Shukla while effecting temporary partition of the suit property i.e. Room No.501, 5th Floor, Panchratna Building, 14th Lane, Nagpada, Mumbai, on payment of requisite charges therefor by him.
                       4. It is made clear that the expenses of erecting such temporary partition shall be borne by the plaintiff  Virendra Prasad Girijaprasad Shukla.
                       5. Registrar (Civil) to issue appropriate Writ to the Court Commissioner.
                       6. The plaintiff shall make available the requisite documents such as the copy of decree passed in S.C.Suit No.545/2017, order dated 25.02.2019 passed by this Court for temporary partition of the suit premises, etc., to the Court Commissioner who will give prior notice to the parties.
                       7. The Court Commissioner shall submit his report to this Court on or before next date.
    Matter is adjd.to 10-10-2023 for NM Hrg.
    Nature Of Disposal: ALLOWED
    Disposal Date: 04-09-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 103216/2019
    Filing Date: 16-03-2019
    First Hearing Date: 03rd April 2019
    Decision Date: 04th September 2023
    Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    04 Sept 2023

    Order Details: Notice of Motion Pdf Text: 1 Execution 196/2022 IN THE BOMBAY CITY CIVIL COURT AT MUMBAI. EXECUTION APPLICATION NO. 196 OF 2022 AND NOTICE OF MOTION NO. 1160 OF 2019 IN SUIT NO. 408 OF 2019 MHCC010061602022 EXECUTION APPLICATION NO. 196 OF 2022 Mr. Virendra Prasad Girijaprasad Shukla ...Plaintiff Vs. 1. Smt. Kantidevi Girija Prasad Shukla 2. Mr. Rajendra Girija Prasad Shukla … Defendants MHCC010030282019 NOTICE OF MOTION NO. 1160 OF 2019 Mr. Virendra Prasad Girijaprasad Shukla ...Plaintiff…

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