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NOTICE OF MOTION

Firoz Fakir KhanVsMCGM +1 more

CNR MHCC01003160201911-COURT 11 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHERWISE
Decision Date: 25th January 2023

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
101231/2019
Registration Date
19 Mar 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 22-03-2019
    Business: Advocate Mr. Pratap Singh for Plaintiff present and sought time affidavit of service of NM.  Considering submissions adjourned.
    Advocate Ms. Hajare for BMC/Deft present.
    Earlier order to continue till next date.
    Case is adjourned to 04/04/2019 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 04-04-2019
    
    Date: 04-04-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 11-04-2019
    
    Date: 11-04-2019
    Business: Adv. P.F.Singh a/w adv. Pal for the plaintiff present.
    Adv. Ms. Hajare  for the defendant/BMC present.
    Exh. 4-Adv. Mr. Pal filed application for extension of time and further to serve upon the contemnors and the contempt notice by bailiff of this Hon\''ble Court.
    Heard adv. Pal on application Exh.4. Considering the statements in the application, it is allowed. Necessary steps be taken by the plaintiff to serve the contemnors through bailiff.
    It is made clear that the pendency of contempt motions taken out by the plaintiff and defendant shall not be the reason to adjourn the hearing on Chamber Summons and N/M of injunction. Parties to complete the pleadings in Chamber Summons and N/M for injunction before next date.
    Earlier order to continue till next date.
    Adjourned to 02.05.2019 for Chamber Summons and N/M hearing.
    Next Purpose: HEARING
    Next Hearing Date: 02-05-2019
    
    Date: 02-05-2019
    Business: Advocate Pal for plaintiff present and sought time to serve the Chamber Summons on the defendants. Last opportunity is granted for service of Chamber Summons on the defts.
    Advocate Mr. Rajan Yadav a/w adv. Ms. Hajare for defendant/MCGM present.
    Earlier order to continue till next date.
    The Case is adjd. To 21.06.2019  for compliance.
    Next Purpose: HEARING
    Next Hearing Date: 21-06-2019
    
    Date: 21-06-2019
    Business: None for plaintiff.
    Advocate Mr. Rajan Yadav a/w adv. Mr. Giri for defendant/MCGM present and submits that the Chamber Summons is not yet served. Failure of plaintiff to serve Chamber Summons on defendants on next date will result in it\''s dismissal.
    Earlier order to continue till next date.
    The case is adjourned to 22.07.2019 for Chamber Summons reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 22-07-2019
    
    Date: 22-07-2019
    Business: Court is on leave. Hence today board is discharged.
    Next Purpose: C/S REPLY
    Next Hearing Date: 14-08-2019
    
    Date: 14-08-2019
    Business: Advocate P.F.Singh for plaintiff present and sought extension of leave to register Chamber Summons. Granted as last opportunity.
    Advocate Rajan Yadav a/w adv. Giri for defendant/ MCGM present.
    Plff to register the Chamber Summons and serve  it on defendant well in advance before the next date.
    Earlier order to continue till next date.
    The case is adjourned to 17.09.2019 for Chamber Summons reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 17-09-2019
    
    Date: 17-09-2019
    Business: As Court is busy in hearing Chamber Summons in suit no. 1571/15, 1572/15, 5099/12, 6493/03 and 2363/19 and in hearing ad interim in ST no. 9928/19 also in dictating orders in Suit no. 1571/15, 1572/15, 6493/03. The case is adjourned.
    Earlier order to continue till next date.
    The case is adjourned to 14.10.2019  for C/s reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 14-10-2019
    
    Date: 14-10-2019
    Business: Advocate P.F.Singh for plaintiff present and filed original Chamber Summons No. 1673/19 along with affidavit in support of Chamber Summons. T.O.R.
    Advocate Rajan Yadav a/w adv. Giri for defendant/ MCGM present and submits that Chamber Summons is not served.
    Adv. Singh undertakes to serve copy of Chamber Summons on advocate for defendant.
    Earlier order to continue till next date.
    The case is adjourned to 22.11.2019 for Chamber Summons reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 22-11-2019
    
    Date: 22-11-2019
    Business: Court is on leave. Hence today board is discharged. Hence adjd.to
    Next Purpose: C/S REPLY
    Next Hearing Date: 20-12-2019
    
    Date: 20-12-2019
    Business: Adv. Mr. Pal for plaintiff present.
    Adv. Mrs. Rajan Yadav  for deft./MCGM present.
    Exh.8- Application for taking additional documents .
    K. B.
    L. O. at 04 20 p.m.
    Adv. Mr. Tanveer Shaikh for applicant filed Vakalatnama t.or. and marked as Exh.09.
    Adv. Mr. Tanveer Shaikh for applicants Gayatri and Gauri filed draft chamber summons alongwith affidavit t.o.r. It is requested to perused order of the Hon\''ble High Court in WP 678/19 dtd. 03/12/2019, to decide ch/s at the earliest.
    Order Leave granted. Chamber Summons be register.
    Copy served to MCGM and plaintiff.
    It is expedited by the Hon ble H/C, hence plaintiff to file reply and both side to argue on ch/s ad n.m. on 03/01/2020.
    Earlier order if, any continue till next date.
    Matter is adjd. 03/01/2020 for ch/s arg. At 12 15 noon
    and order on n.m.
    Authenticated copy be given to both sides.
    L. O. at 05 06 p.m.
    Applicant filed register chamber summons no. 2308/2019
    alongwith affidavit t.o.r.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 03-01-2020
    
    Date: 03-01-2020
    Business: (In charge Court to C.R. no.11)
    Adv. Mr. Pal for plaintiff present.
    Adv. for deft./MCGM absent.
    Earlier order to continue till next date.
    Matter is adjd. for Ch/s hearing on 27.01.2020.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 27-01-2020
    
    Date: 27-01-2020
    Business: Adv. Mr. Pal for plff., prayedfor adjd as adv. Mr. Pratap Singh is bed ridden.
    Adv. Mr. Rajan Yadav for deft./MCGM present.
    Adv. Mr. Tanvir Shaikh for applicant, raised objection for adjd .
    Plff to note it is expedited as per order of the Hon\''bel High
    court in W.P. 678/19.  Adjd is granted to supply copy of
    reply in advance to plff, deft. and applicant positively in
    this week and argue on 03.02.2020.
    In default to argue on next date, court may vacate EOC.
    Exh.10- Additional affidavit field by applicant, copy supplied to other side.
    Earlier order, if any, to continue till next date.
    Matter is adjd. for ch/s argument on 03.02.2020 at
    12.30 p.m.
    Next Purpose: C/S ARGUMENTS
    Next Hearing Date: 03-02-2020
    
    Date: 03-02-2020
    Business: Adv. Mr. Pal h/f adv. Mr. Pratap Singh for plff. present.
    Adv. Mr. Rajan Yadav for deft./MCGM present.
    Adv. Mr. Tanvir Shaikh for applicant, submits that copy in advance was not supplied as mentioned in last roznama.
    Exh.11- Reply to ch/s no. 1885/19 submitted by plff., copy supplied to applicant.
    Heard arguments of adv. Mr. Tanvir Shiakh for applicant and adv. Mr. Pal for plff.on ch/s no. 2308/19.
    During course of argument ld adv. Mr. Tanvir Shaikh shows that assessment at page no.35 with plaint bear hand written endorsement Three storied C.C. Chawl, however, its copy filed by applicant on page no. 64, do not bear such endorsement.
    Plaintiff Firoz Khan is called in witness box, he replied that this document was given to him by landlord Mr. Ashok Naik.
    Thereafter, Mr. Ashok Naik is called before the court, he shown the assessment dtd. 01.01.2020 along-with letter of BMC dtd. 09.12.2019, wherein no such hand written endorsement is there.  He is ready to produce the same along-with pursis.
    Now Mr. Firoz Khan submits that page no. 35 along-with hand written endorsement was not given by him to his lawyer, therefore, he can not explain who has written in hand writing.  Accordingly, he is ready to file pursis.
    Exh.12- Pursis along-with two documents submitted by original landlord Mr. Ashok Naik.  He had no lawyer, at his request, the court has provided help of adv. Mr. Ravindra Singh.
    Exh.13- Adjournment application submitted by adv. Mr. Pal, requested for short adjd. to argue, as Adv. Mr. Pratap Singh will argue tomorrow on NM.  At his request matter is placed at 1.00p.m. on 04.02.2020.
    Matter is kept back at 4.30 p.m. For submission of pursis.
    Exh.14- Submitted by plff. at 5.20p.m. that page no.35 is the same given by me to my lawyer.  Previously at 4.00pm. he submitted  by coming in witness box that page no.35 was not given by him, he again requested to show page no. 35 and submits that same was given by him to his lawyer.
    Earlier order, if any, to continue till next date.
    Matter is adjd. for NM argument on 04.02.2020 at
    1.00p.m.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 04-02-2020
    
    Date: 04-02-2020
    Business: Adv. Mr. Pratap Singh for plaintiff present.
    Adv. Mr. Rajan Yadav for deft./MCGM present, prayed for extension of time to register NM of contempt, for which leave was granted on 29.01.2019- Granted.
    Adv. Mr. Tanvir Shaikh for applicant present.
    Heard adv. Mr. Pratap Singh on ch/s and NM from 1.20 to 1.50p.m.  Heard reply of adv. Mr. Tanvir Shaikh from 1.50 to 2.00p.m.
    LO
    Adv. Mr. Pratap Singh for plff., tendered registered contempt motion no. 1231/19, which was registered on 11.04.2019.
    There is no satisfactory explanation submitted by plff for keeping registered motion with him for 10 months.
    Heard arguments of adv. Mr. Pratap Singh from 4.40 to 5.20p.m.
    Ld adv. Mr. Rajan Yadav for deft/MCGM, submits that he already argued his case on 17.12.2019.
    Posted for order on Ch/s and NM.
    Earlier order, if any, to continue till next date.
    Matter is adjd. for Order on Ch/s and NM on
    13.02.2020.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 13-02-2020
    
    Date: 13-02-2020
    Business: Adv. Mr. Pratap Singh for plaintiff present.
    Adv. Mr. Rajan Yadav for deft./MCGM present, tendered registered contempt NM no. 568/2020.
    Exh.15- List of documents filed by plff., copy supplied to MCGM.
    Heard adv. Mr. Pratap Singh, in view of additional
    documents vide Exh.15.
    Earlier order, if any, to continue till next date.
    Matter is adjd. for ch/s and NM order on 25.02.2020.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 25-02-2020
    
    Date: 25-02-2020
    Business: Adv. Mr. Pratap Singh for plaintiff present.
    Adv. Mrs. Mhatre for deft./MCGM present.
    F.R.S.R. following order is passed on Ch/s no. 1673/19.
                                        ORDER
    1. Ch/s no. 1673/19 is made absolute in view of prayer clause (a) and (b).
    2. Plff is permitted to amend the plaint within two weeks from the date of uploading the order.
    3. Defendants are at liberty to file additional written statement.
    4. Ch/s no. 1673/19 is disposed off accordingly.
    F.R.S.R. following order is passed on NM no. 4292/18.
                                        ORDER
    1. Notice of Motion no. 4292/18 stands dismissed.
    2. Both contempt Notice of Motion no. 568/2020 and 1231/2019 will proceed further as per rules.
    3. Defendants to file written statement at the earliest to expedite hearing.
    4.Notice of Motion no.4292/18 is disposed off accordingly.
    F.R.S.R. following order is passed on Ch/s no. 2308/19.
                                        ORDER
    1. Ch/s no. 2308/19 is allowed.  It is made absolute in view of prayer clause (a) and (b).
    2. Plff to carry out the amendment within two weeks from the date of uploading the order.
    3. Applicants be made as deft nos. 3 and 4.
    4. Applicants/ deft nos. 3 and 4 are at liberty to file written statement.
    5. Ch/s no. 2308/19 is disposed off accordingly.
    Exh.16- Application submitted by plff., perused reply of
    deft nos. 1 to 4, it is strongly objected by adv. Mrs. Mhatre
    for MCGM and adv. Mr. Tanvir Shaikh for applicant/Deft.
    nos. 3 and 4. Adv. Mr. Pratap Singh submits that plff want
    to prefer appeal.  EOC is in existence till date, it is
    continued for two weeks from the date of uploading the
    order on NM no. 4292/19, as time to prefer appeal.  No
    further extension will be given by this court.
    Authenticated copy be given to both side.
    Matter is adjd. for compliance and W.S. on 01.04.2020.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 01-04-2020
    
    Date: 01-04-2020
    Next Purpose: COMPLIANCE
    Next Hearing Date: 16-04-2020
    
    Date: 16-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: COMPLIANCE
    Next Hearing Date: 05-05-2020
    
    Date: 05-05-2020
    Business: National Lockdown
    Next Purpose: COMPLIANCE
    Next Hearing Date: 27-05-2020
    
    Date: 27-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: COMPLIANCE
    Next Hearing Date: 12-06-2020
    
    Date: 12-06-2020
    Business: adjd.to
    Next Purpose: COMPLIANCE
    Next Hearing Date: 04-08-2020
    
    Date: 04-08-2020
    Business: Adjd. to
    Next Purpose: COMPLIANCE
    Next Hearing Date: 16-10-2020
    
    Date: 16-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: COMPLIANCE
    Next Hearing Date: 09-12-2020
    
    Date: 09-12-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 27-01-2021
    
    Date: 27-01-2021
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 24-03-2021
    
    Date: 24-03-2021
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 16-06-2021
    
    Date: 16-06-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 11-08-2021
    
    Date: 11-08-2021
    Business: CORAM : H.H.J. SHRI S.D. KULKARNI, (C.R.NO.08)
    (Matter pertains to C.R. No.11)
    Adv Pal h/f Adv Pratap Singh for plaintiff present.
    Adv Rajendra Yadav with Adv Khandagale for defendant no.1 and 2/ MCGM present.
    CA, Mr Kiran Rajwal, representative of proposed defendant nos.3  and 4 present and submitted that plaintiff has not complied the order dated 25/02/2020. The advocate for plaintiff submitted that they have challenged the said order before Honble High Court. C.A. Mr Kiran Rajwal handed over copy of Exh.17 to the plaintiff.
    Adjd. To 08/09/2021 for file reply on Exh.17 and to comply the order of this court of dated 25.02.2020.
    Next Purpose: REPLY
    Next Hearing Date: 08-09-2021
    
    Date: 08-09-2021
    Business: None for plaintiff.
    Adv Khandagale for defendant  no.1/ MCGM present.
    C.A. Mr Kiran Rajwal, representative of proposed defendant no.2 present.
    Plaintiff has not complied the order dated 25.02.2020.
    Plaintiff is directed to comply the order 25.02.2020.
    Adjd. To 24/09/2021 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 24-09-2021
    
    Date: 24-09-2021
    Business: CORAM - H.H.J. SHRI S.D. KULKARNI, (C.R.NO.08)
    (Matter pertains to C.R. No.11)
    None for plaintiff.
    Adv Kiran Rajwal, CA of plaintiff present and and tendered Contempt NM alongwith affidavit in support thereof. TOR. Leave is granted to register the Contempt NM, returnable on next date. Copy be served to other side.
    Adv Khandagale for defendant / MCGM present.
    Applicant is directed to serve the copy of Contempt NM along-with affidavit in support to the plaintiff and defendant / MCGM.
    Adjd. To 25/10/2021 for NM reply by plaintiff.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 25-10-2021
    
    Date: 25-10-2021
    Business: (Matter pertains to CR.11)
    Adv. Mr. Pratap Singh for Plaintiff present.
    Adv Khandagale for defendant  / MCGM present.
    Adv. Mr. Tanvir Shaikh for applicant present and tendered contempt Nm No. 2279/2021. He also tendered affidavit of   service . T.O.R.
    Matter is adjd to 06/12/2021 for filing reply to contempt NM by Plaintiff and Defendant /MCGM.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 06-12-2021
    
    Date: 06-12-2021
    Business: Court is on leave. Matter is adj. to next date.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 05-02-2022
    
    Date: 05-02-2022
    Business: None present for plaintiff.
    Adv. Mr. Khandagale for defendant Nos. 1 and 2/MCGM is present.
    Mr. Kiran Chandrabhan Rajwad. CA for defendant Nos. 3 and 4 is present.
    In view of office order no. 07/2022 dated 07.01.2022 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06.01.2022 of Hon\''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s.
    Adjourned for NM reply to 04.04.2022.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 04-04-2022
    
    Date: 04-04-2022
    Business: Adv. Mr. Pratap Singh for plaintiff is present and orally requested for time to file NM reply. Granted strictly as a last chance.
    Rest of the defendants are absent.
    Adjourned for contempt NM reply to 01.08.2022.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 01-08-2022
    
    Date: 01-08-2022
    Business: None present for plaintiff.
    Adv. Mr. Khandagale for defendant Nos. 1 and 2/MCGM is present. He submitted that common reply is already filed by the defendant on main NM and contempt NM No. 1231/2019 as well.
    Mr. Kiran Chandrabhan Rajwad CA for defendant Nos. 3 and 4 is present.
    The plaintiff is absent to comply with the Order of Ch/s No. 2308 of 2019 and to file reply to contempt NM No. 2279/2021 and contempt NM No. 568/2020. Hence, the NMs are proceeded without reply of the plaintiff.
    Adjourned for NM hearing/compliance to 03.10.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-10-2022
    
    Date: 03-10-2022
    Business: Adv. Shailesh Pal for the plaintiff is present.
    Adv. Tanveer Shaikh for the applicant is present.
    Adv. Rajan Yadav a/w Adv. Khandagale for defendant/MCGM is present.
    KB LO at 04:00 pm.
    Advocate for the applicant is present.
    Adv. Pratap Singh for the plaintiff is present.
    Both the parties are heard on NM No. 2279/2021.
    LO at 04:20 pm.
    Advocate for the plaintiff filed CIS case details of WP No. 5103 of 2020. O-Filed.
    Adjourned for NM Order/NM hearing to 19.10.2022.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 19-10-2022
    
    Date: 19-10-2022
    Business: Adv. Shailesh Pal for the plaintiff is present. On inquiry, he  stated  that there is no stay Order on the present proceeding.
    None present for the applicant.
    Adv. Khandagale for defendant/MCGM is present.
    The following Order is passed on Contempt NM No. 2279/2021:
    01.     Heard both the sides.
    02.     Having considered their submissions, it is to be noted that this NM is filed to initiate contempt action against the plaintiff to have willfully committing contempt of Order dtd. 25.02.2020, on Ch/s. No. 2308/2019. While arguing the NM, the advocate for the plaintiff submitted that the said Order on Ch/s. is challenged by filing WP No. 5103/2020 and it is pending before Hon\''ble High Court. Be that as it may, the fact remained that the issues involved in this NM are nothing to do with the suit. Further, this NM is filed for penal action contempt against the plaintiff. As such, trying of this NM, along-with the suit, would further delay the trial. On this background, in view of the ratio laid in the matter of Rampyaribai wd/o. Sukhdeo Daga and others Vrs. Niladevo wd/o. Narayandas Jakhotiya and Others, 2007(4) Mh.L.J. 213, it would be just to separate this contempt NM and to get registered as an independent proceeding. In the result, without recording any finding on merits, the Contempt NM No. 2279/2021 stands disposed of as not tenable, along-with the suit. The applicants are placed at liberty to file separate Miscellaneous Judicial Case as regards the alleged Contempt, if they so desire, by withdrawing this NM and relevant papers from the record, on furnishing its photocopies.
    Even today, the plaintiff is absent to comply with the Order dtd. 25.02.2020, on Ch/s. No. 2308/2019, after specific directions. There is no stay Order as against the said Order of Ch/s.. Hence, the matter is posted for dismissal Order for non-compliance of Order of the Court.
    The plaintiff is called upon to argue on the maintainability of contempt NM No. 1231/2019 along-with the suit.
    The defendants are called upon to argue on the maintainability of contempt NM No. 568/2020 along-with the suit.
    Authenticated copy of this roznama be given to both the parties.
    Adjourned for dismissal of the suit/hearing on maintainability of contempt NMs to 02.12.2022.
    Next Purpose: DISMISSAL
    Next Hearing Date: 02-12-2022
    
    Date: 02-12-2022
    Business: Adv. Mr. Viraj Singh for the plaintiff is present.
    CA Mr. Kiran Chandrabhan Rajwal of applicant is present and filed the application for return of original NM. TOR. It is marked at Exh.18. O- The Sheristedar to do the needful as per the roznama Order of dtd. 19.10.2022.
    Adv. Mr. Rajan Yadav for defendant/MCGM is present.
    Heard both the sides on the maintainability of their Contempt NMs along-with the suit.
    Adjourned for Order on tenability of Contempt NMs  to 19.12.2022.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 19-12-2022
    
    Date: 19-12-2022
    Business: None present for the plaintiff.
    Adv. Mr. P. Rajan a/w. Mrs. Mhatre for defendant MCGM is present.
    The Court is busy in attending other urgent matters.
    Adjourned for NM Order to 07.01.2023.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 07-01-2023
    
    Date: 07-01-2023
    Business: PO is on leave.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 25-01-2023
    
    Date: 25-01-2023
    Business: Adv. Shailesh Pal h/f Adv. Singh for the plaintiff is present.
    Adv. Mr. P.Rajan a/w Adv. Khandagale for defendants/MCGM is present.
    The following Order  is passed on contempt NM No. 1231/2019:
         Heard the learned advocate for plaintiff. Having considered his submissions, it is to be noted that NM No. 1231/2019 is filed under Order XXXIX Rule 2-A of the C.P.C., 1908, to initiate contempt action against the concerned Officers of defendant No. 2 for committing willful breach of this Courts Order dtd. 05.11.2018 and 04.12.2018 and to send them behind the bars and for the other ancillary reliefs. As such, trying of this NM, along-with the suit, would certainly delay the trial, specially when the set of evidence, which might be led in this contempt would be for different set of reliefs nothing to do with the suit. Consequently, in view of the ratio laid in the matter of Rampyaribai wd/o. Sukhdeo Daga and others V. Niladevo wd/o. Narayandas Jakhotiya and Others, 2007(4) Mh.L.J. 213, it would be just to separate this contempt NM and to get registered as an independent proceeding. Therefore, without recording any finding on merits, the Contempt NM No. 1231/2019 stands disposed of as not triable, along-with the suit. However, the plaintiff is placed at absolute liberty to file separate Miscellaneous Judicial Case as regards the alleged Contempt, if he so desires, by withdrawing this NM and relevant papers from the record, on furnishing its true copies. The Sheristedar to do the needful.
    The following Order  is passed on contempt NM No. 568/2020:
         Heard the learned advocate for defendants. Having considered his submissions, it is to be noted that NM No. 568/2020 is filed under Order XXXIX Rule 2-A of the C.P.C., 1908, to initiate contempt action against the plaintiff for committing willful breach of the ad-interim Order passed by this Courts Order and to send him behind the bars and for the other ancillary reliefs. As such, trying of this NM, along-with the suit, would certainly delay the trial, specially when the set of evidence, which might be led in this contempt would be for different set of reliefs nothing to do with the suit. Consequently, in view of the ratio laid in the matter of Rampyaribai wd/o. Sukhdeo Daga and others V. Niladevo wd/o. Narayandas Jakhotiya and Others, 2007(4) Mh.L.J. 213, it would be just to separate this contempt NM and to get registered as an independent proceeding. Therefore, without recording any finding on merits, the Contempt NM No. 568/2020 stands disposed of as not triable, along-with the suit. However, the defendants are placed at absolute liberty to file separate Miscellaneous Judicial Case as regards the alleged Contempt, if they so desire, by withdrawing this NM and relevant papers from the record, on furnishing its true copies. The Sheristedar to do the needful.
    Adjourned for compliance/dismissal Order to 01.03.2023.
    Nature Of Disposal: OTHERWISE
    Disposal Date: 25-01-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 103436/2019
    Filing Date: 19-03-2019
    First Hearing Date: 22nd March 2019
    Decision Date: 25th January 2023
    Court Number And Judge: 11-COURT 11  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    25 Jan 2023
    Order Details: Other

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