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NOTICE OF MOTION

Sujata Raghuvir BhawsarVsRajesh Shrikrishna Bhavsar

CNR MHCC01003060202066-COURT 66 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--OTHER
Decision Date: 25th January 2023

TrustJury record updated 28 Sept 2026

Case Overview

Registration Number
101068/2020
Registration Date
11 Mar 2020

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: 14-03-2020
    Business: Matter is called out at 3.26pm
    Adv.Sujata Bhavsar for plaintiff present.
    Adv.Sanjay Patankar for defendant no.2 present.
    Adv. for plaintiff tendered registered N/M No.1068/2020 along with the affidavit. T.O.R
    Adv. for defendant no.2 filed registered N/M No.1145/2020.T.O.R
    Adv. for defendant no.2 filed rejoinder on N/M No.1145/2020. T.O.R
    Matter is adj to 04/04/2020 for N/M hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-04-2020
    
    Date: 04-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-04-2020
    
    Date: 27-04-2020
    Business: NATIONAL LOCKDOWN.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-06-2020
    
    Date: 05-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-06-2020
    
    Date: 23-06-2020
    Business: Due to Covid-19 None present Adj to 20.08.2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-08-2020
    
    Date: 20-08-2020
    Business: National Lock-down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-10-2020
    
    Date: 07-10-2020
    Business: Due to Covid-19 none present.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-12-2020
    
    Date: 01-12-2020
    Business: None present.
    Matter is adj to 27/01/2021 for N/M hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-01-2021
    
    Date: 27-01-2021
    Business: Plaintiff and defendant absent.
    Their advocate absent.
    Matter adjd for N.M. hearing on 15/03/2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-03-2021
    
    Date: 15-03-2021
    Business: Adv. Seema Chopda for plaintiff present.
    None present for defendant.
    As a last chance to the defendant
    Matter adjd.for hearing on NM on 28.04.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-04-2021
    
    Date: 28-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-07-2021
    
    Date: 15-07-2021
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-08-2021
    
    Date: 10-08-2021
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-09-2021
    
    Date: 17-09-2021
    Business: P.O. is on Leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-10-2021
    
    Date: 27-10-2021
    Business: Advocate Sima Chopda for plaintiff is present.
    Advocate Mr. Rele for defendant no. 1 is present and filed registered NM No.1147/20.
    Adjourned for NM reply/hearing to 06.01.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-01-2022
    
    Date: 06-01-2022
    Business: Adv. Seema Chopda For plaintiff present.
    Adv. Vikas Rele for defendant no. 1 present.
    Defendant No. 1 present.
    CA of deft No. 2 present.
    Adv. For plaintiff stated that the suit is for inheritance of share in property of father. Therefore the attempt was made to sent the matter for mediation.
    Adv. For defendant No. 1 stated that the mediation is not possible as once it was tried before Honble High court.
    Mediation is a process where in parties can explore possibility of settlement. The dispute is between near relations i.e. brother and sisters in respect of property left behind by parents intestate. It is for parties to decide whether they want to explore possibility of mediation to settle the dispute. The parties may state about it on next date.
    Adjd for NM hearing to 04/02/2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-02-2022
    
    Date: 04-02-2022
    Business: At 11.12 am
    Adv. Seema Chopda for plaintiff present.
    None for defendant.
    As per office order no. 07 of 2022 and 03 of 2022 only urgent
    matters are to be taken up for hearing therefore matter is
    adjourned.
    Adjd for  NM hearing to 14/03/2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-03-2022
    
    Date: 14-03-2022
    Business: Adv. Vikas Rele for defendant No. 1 present.
    Adv. Patankar For plaintiff present and stated that the  dispute be referred for mediation. Adv. For defendant stated that there is order of honble high court dt. 02.03.2009 of Honble Justice Smt. Roshan Dalvi whereby offer was given by defendant No.2 and the plaintiff did not accept it therefore mediation process cannot be gone through again.
    The suit is for partition and separate possession though earlier attempt was made to settle which did not succeed that does not mean that now also parties will not succeed. It is for parties to agree for settlement. The defendant no. 2 present is not ready for mediation therefore no purpose will be served for sending the dispute to mediation as defendant No. 2 does not agree for the same. It is be futile exercise to send this dispute to mediation.
    Adjd for NM hearing to 13/04/2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-04-2022
    
    Date: 13-04-2022
    Business: Dt.13/04/2022
    Suit 414/20
    NM 1147/20
    NM 1145/20
    NM 1068/20
    IN THE COURT OF H.H.J. SMT. S. S. NAGUR JUDGE CITY CIVIL COURT C.R. NO. 66
    Adv. Seema Chopda For plaintiff present.
    Adv. For plaintiff filed affidavit in reply of defendant no.2 to the notice of motion of the defendant no.1.TOR.
    Adv. Vikas rele for defendant No. 1 present.
    Adv. Patankar for deft No.2 present.
    Adjd for NM hearing to  24-06-2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-06-2022
    
    Date: 24-06-2022
    Business: Adv. Seema Chaopda for plaintiff present.
    Adv. Vikas Rele for defendant no. 1 present.
    Adv. S. P. Patankar for defendant no.3  present.
    None for defendant no. 2
    Heard both sides in NM No.  1145/20.
    Matter is adjd.to  02-07-2022 for   NM No. 1145/20
    Order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 02-07-2022
    
    Date: 02-07-2022
    Business: None for plaintiff.
    Defendant no. 1 in person present.
    Adv. S.P.Pathankar a/w C.A. of defendant no. 2 present.
    F.R.S.R. Following order is passed in NM No. -1145/20
    Order -
    1. Notice of motion No.1145 of 2020 is made absolute in terms of prayer clause (a) to (b)  .
    2. Written statement filed by C.A. of defendant no. 2 is marked as Exh. 10.
    3. Proceeding of N/m No. 1145/2020 is closed.
    Matter is adjd.to 18-08-2022 for NM Hrg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-08-2022
    
    Date: 18-08-2022
    Business: Adv. Seema Chopra a/w  plaintiff present.
    Adv. Vikas Rele a/w defendant no.1 present.
    Adv. S. B. Patankar a/w C.A. of defendant no. 2 present
    Matter is adjd.to 23-09-2022 for NM Hrg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-09-2022
    
    Date: 23-09-2022
    Business: matter is adjourned to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-10-2022
    
    Date: 11-10-2022
    Business: None for plaintiff.
    Adv. S. B. Patankar for defendant no. 2 present.
    Adv. Vikas Rele a/w defendant no. 1 present.
    None for defendants no. 3 and 4
    Matter is adjd.to 28-11-2022 for hrg in NM No.  1147/20 11.30 am.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-11-2022
    
    Date: 28-11-2022
    Business: matter is adjourned to
    Next Purpose: NM  ORDERS
    Next Hearing Date: 10-12-2022
    
    Date: 10-12-2022
    Business: None for plaintiff.
    Adv. Vikas Rele a/w defendant no. 1 present.
    Adv. S. B. Patankar a/w defendant no.2 present.
    F.R.S.R. following order is passed in  NM No.  1147/20-
                                  - ORDER -
    1. Notice of Motion No. 1147/2020 (Old Notice of Motion No. 2993/2019) is partly made absolute in terms of prayer clause (c) with following directions to the parties in present suit i.e. S.C.Suit No. 414/2020 (Old S.C.Suit No. 3787/2018) and S.C.Suit No. 4769/2007 (Old H.C.Suit No. 897/2007) as under -
    (i) Evidence in S.C.Suit No. 4769/2007 (Old H.C.Suit No. 897/2007) shall be adduced by both sides in these two suits i.e. S.C.Suit No. 414/2020 (Old S.C.Suit No. 3787/2018 and S.C.Suit No. 4769/2007 (Old H.C.Suit No. 897/2007).
    (ii) Evidence recorded in S.C.Suit No. 4769/2007 shall be read in both suits.
    (iii) Both suits shall be decided by common judgment after hearing both sides on merit.
    (iv) It is made clear that both sides are expected to consider their respective stands in both suits and file evidence affidavit in support of their respective pleadings.
    2. Proceeding of N/m No. 1147/2020 is closed.
    Matter is adjd.to  07-01-2023 for hrg in NM No.  1068/20 11.00am
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-01-2023
    
    Date: 07-01-2023
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-01-2023
    
    Date: 17-01-2023
    Next Purpose: NM  ORDERS
    Next Hearing Date: 25-01-2023
    
    Date: 25-01-2023
    Business: Plaintiff in person present.
    Adv. Vikas Rele a/w defendant no. 1 present.
    Adv. S. B. Patankar  for defendant no. 2 present.
    F.R.S.R. following order is passed in NM No.  1068/20 -
                                          ORDER
    1. Notice of Motion No. 1068/2020 (Old Notice of Motion No. 642/2019) is partly made absolute in terms of prayer clause (d).
    2. Proceeding of N/m No. 1068/2020 is closed.
    Matter is adjd.to 24-02-2023 for  hrg on exhibition of documents, evidence of pw - 1 Ramesh on Exh. 9 and for framing issues in SU no. 414/20.
    Nature Of Disposal: OTHER
    Disposal Date: 25-01-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 103394/2020
    Filing Date: 11-03-2020
    First Hearing Date: 14th March 2020
    Decision Date: 25th January 2023
    Court Number And Judge: 66-COURT 66 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    25 Jan 2023

    Order Details: Notice of Motion Pdf Text: N/m No. 1068/2020 (Old N/m No. 642/19) in 1 Order. S.C.Suit No. 414/2020 (Old S.C.Suit No. 3787/18). MHCC010030602020 Presented on : 11-03-2020 Registered on : 11-03-2020 Decided on : 25-01-2023 Duration : 2 years, 10 months, 14 days IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. NOTICE OF MOTION NO. 1068 OF 2020 (Old Notice Of Motion No. 642 OF 2019) IN S. C. SUIT NO. 414 OF 2020 (Old S. C. SUIT…

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