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NOTICE OF MOTION

Surendra Arvind Bongale and Anr.VsKunda Kesarinath Mhatre and Ors.

CNR MHCC01003164202061-COURT 61 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--OTHER
Decision Date: 02nd August 2024

TrustJury record updated 28 Sept 2026

Case Overview

Registration Number
101117/2020
Registration Date
13 Mar 2020

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: 15-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 22-04-2020
    
    Date: 22-04-2020
    Business: As per office order no.77/2020 dated 43.5.2020 and due to lock-down, matter is adjourned.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 02-06-2020
    
    Date: 02-06-2020
    Business: In view of declaration of Novel Corona Virus (Covid 19) as global Pandemic by WHO and Office Order no.83/2020, matter is adjourned
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 19-06-2020
    
    Date: 19-06-2020
    Business: In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 10-11-2020
    
    Date: 10-11-2020
    Business: Due to Covid-19, the matter is adjourned to 19.01.2021.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 19-01-2021
    
    Date: 19-01-2021
    Business: None present.
    The matter is adjd for N/M reply to 25.03.2021.
    L.O.
    Adv. Hetal Gala for plaintiff present.
    The matter is already adjd for N/M reply to 25.03.2021.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 25-03-2021
    
    Date: 25-03-2021
    Business: None for plaintiff.
    Adv. Anjali for deft. no.1 present.
    Adv. for deft. no.1 submits that deft. no.1 passed away and the same was informed to the plaintiff.  Plaintiff to take steps.
    The matter is adjd for steps to 15.06.2021.
    L.O.
    Adv. Hetal Gala for plaintiff present.
    Adv. for plaintiff tendered draft Ch/sum.  Leave is granted to register.  She also tendered affidavit of service.  T.O.R.
    Plaintiff to serve Ch/sum to the deft. no.2 and to the respondents in Ch/sum.
    The matter is already adjd to 15.06.2021 for steps and service of Ch/sum.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 15-06-2021
    
    Date: 15-06-2021
    Business: In view of office order no.106/2021 dated 14.06.2021, the matter not being urgent, is adjourned to 30/06/2021.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 30-06-2021
    
    Date: 30-06-2021
    Business: As P.O is for conducting the training programme and assessing the performance of the Potential Trainer for 40 hrs Online Mediation Training Programme  for the Judicial Officers scheduled to be held from 21st to 25th June and 28th to 30th June,2021.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 05-08-2021
    
    Date: 05-08-2021
    Business: Adv. Hetal Savla for plaintiff present and tendered registered Ch/S No.673/21. Taken on recored.
    Matter adjd for steps on 09.09.2021.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 09-09-2021
    
    Date: 09-09-2021
    Business: Adv. Hetal Savla for plff is present.
    Adv.for plff filed affidavit of service of Deft no.1. T.OR.
    Matter adjd for service of deft no.2 on 14.12.2021.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 14-12-2021
    
    Date: 14-12-2021
    Business: In view of Office Order No. 275/21,  P.O. is attending 40hrs Mediation Training Programme as a participant at Aurangabad,
    Matter is Adjd to
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 04-02-2022
    
    Date: 04-02-2022
    Business: As per Office Order No. \''07 of 2022\'' and \''03 of 2022\'' only urgent matter is to be taken up for hearing therefore matter is adjd to 30/03/2022 for Affidavit of Service.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 30-03-2022
    
    Date: 30-03-2022
    Business: Adv. Hetal Sawla for pltff present.
    None for deft.
    She filed affidavit of service in support of CS No. 673/21.  TOR.
    Order below CS No. 673/21-
    Perused the CS which is supported by an affidavit. In spite of service none appeared on behalf of proposed LR\''s.  The main suit is for specific performance of contract dt. 24/11/2014.  as per the documents annexed it shows that deft no. 1 expired on 31/12/2019.  The delay period was during the pandemic situation and the same has been satisfactory explained. Considering the nature of the suit it is necessary to bring legal heirs on record.  Hence I pass the following order.
    ORDER
    1. CS No. 673/21 is allowed and made absolute in terms of prayer clause (a), (b) and (c).
    2. Pltff carry out the amendment within 2 weeks from today and shall supply the copy of amended plaint within 2 weeks thereafter to the defts.
    Matter is adjd to 29/06/2022 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 29-06-2022
    
    Date: 29-06-2022
    Business: As presiding officer is on leave. Hence, matter is adjourned to
    Next Purpose: COMPLIANCE
    Next Hearing Date: 08-08-2022
    
    Date: 08-08-2022
    Business: Wrongly shown on board.
    Matter already adjd to 05.09.2022.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 05-09-2022
    
    Date: 05-09-2022
    Business: Adv. Hetal Sawala for plaintiff is present.
    The plaintiff has filed affidavit of service of defendant no.1(a) and defendant no. 1(e).
    The plaintiff to take steps against defendant no.1(a).
    Matter adjd for appearance of defendant no.1(a)
    Matter adjd to 11.10.2022 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 11-10-2022
    
    Date: 11-10-2022
    Business: Advocate Hetal Sawala for plaintiff present.
    Advocate Devan Jogdeo for proposed defendants 1(a) to 1(g)  present.
    Kb
    Plaintiff is directed to tendered registered NM No. 1117/2020.
    Matter adjd to 06/12/2022  for  hearing .
    Next Purpose: HEARING
    Next Hearing Date: 06-12-2022
    
    Date: 06-12-2022
    Business: Adv. Hetal Savla for plaintiff is present.
    Adv. Deven Jogdeo for defendant is present.
    The ld adv for deft has filed an application permission to inspect the record. t.o.r. marked as Exh. 32. The application stands allowed. The deft is directed to go to the record.
    Matter adjd to 16.01.2023 for hearing.
    Next Purpose: HEARING
    Next Hearing Date: 16-01-2023
    
    Date: 16-01-2023
    Business: Adv.Hetal Sawala for plaintiff is present.
    Adv.Deveng Jogdeo  for defendant is present.
          The learned advocate for plaintiff submits that, the original Notice of Motion has been misplaced and therefore plaintiff is unable to file original on record, hence, she prayed to allow her to file duplicate of it on record.
              Learned advocate for defendant has no objection for the same. Hence, permission is granted.
    Copy supplied to other side.
    Matter adjd to 08.03.2023 for reply .
    Next Purpose: REPLY
    Next Hearing Date: 08-03-2023
    
    Date: 08-03-2023
    Business: P.O.is on leave. Matter adjd to
    Next Purpose: REPLY
    Next Hearing Date: 10-04-2023
    
    Date: 10-04-2023
    Business: P.O. is on leave. Matter adjd to
    Next Purpose: REPLY
    Next Hearing Date: 12-06-2023
    
    Date: 12-06-2023
    Business: None present for plaintiff and defendant.
    Last chance granted to defendant to file reply.
    Matter adjd to 13.07.2023 for reply.
    Later on at 3.30 p.m.
    None present for plaintiff.
    Adv. Devendra Jogdev for defendant present.
    Matter already adjd to 13.07.2023 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 13-07-2023
    
    Date: 13-07-2023
    Business: None present for plaintiff.
    Adv. Reema  h/f Adv. Jogdev for defendant is present.
    On oral request of Ld. Adv. for defendant, matter is adjourned for filing reply.
    Matter adjd to 22.08.2023 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 22-08-2023
    
    Date: 22-08-2023
    Business: None present for plaintiff.
    Adv. Devendra Jogdev for defendant is present and filed reply to NM 1117/2020. He prayed for grantof time to file additional written statement. matter is adjourned for hearing on NM and additional written statement.
    Matter adjd to 18.10.2023 for hearing on NM and WS.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-10-2023
    
    Date: 18-10-2023
    Business: None present for plaintiff.
    Adv. Deven Jogdeo for defendant no. 1(a) to 1(g) is present.
    On oral request of Ld. Adv. for defendant, matter is adjourned.
    Matter stands adjourned on 10.11.2023 for NM reply and WS.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 10-11-2023
    
    Date: 10-11-2023
    Business: Plaintiff in person is present.
    Adv. Devendra Jogdev for defendant is present and filed additional written statement. TOR. Exh. 33. O- Read and recorded. Copy supplied to the plaintiff.
    On oral request of both the side matter is adjourned.
    Matter adjd to 15.01.2024 for NM hearing .
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-01-2024
    
    Date: 15-01-2024
    Business: This court is newly formed on 02.01.2024.
    Matter transferred from CR NO1.
    Plaintiff no. 1 present.
    Advocate Ms. Hetal Savla for plaintiff present.
    Advocate Mr. Devan Jogdev for defendant nos. 1a to 1g present.
    O- Last chance granted for argument.
    Due to formation of new court and change of assignment matter adjourned.
    Matter adjourned for NM hearing to 22.01.2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-01-2024
    
    Date: 22-01-2024
    Business: P. O. is on leave
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-01-2024
    
    Date: 29-01-2024
    Business: N THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO. 61
    Adv. Parag Tilak for plaintiff present and received copy of pursis filed by the defendant Nos. 1(a) to 1 (g).
    Adv. Deven Jogdeo for defendant Nos. 1(a) to 1 (g) present and filed pursis stating that he want to bring Lrs. Of defendant No.1a on record.  t.o.r. and marked as Exh.34.
    Defendant No.2 absent.
    Ld. counsel for the plaintiff present and submitted that the motion is against only the defendant no.2.  But today the defendant no.2 or his counsel both are absent.  Therefore on the next date motion will be heard in absence of defendant no.2 if he remains absent.
    Matter adjourned for NM hearing to 12-02-2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-02-2024
    
    Date: 12-02-2024
    Business: IN THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO. 61
    Adv. Parag Tilak for the plaintiff present.
    None for the defendants.
    Heard advocate for the plaintiff on NM No.1117/20.
    Last chance granted for argument to defendant no.1. and 2.
    Matter adjourned for NM argument by defendants to 27-02-2024.
    Next Purpose: NM  ARGUMENTS P.H.
    Next Hearing Date: 27-02-2024
    
    Date: 27-02-2024
    Business: Court is on leave
    Next Purpose: NM  ARGUMENTS P.H.
    Next Hearing Date: 18-03-2024
    
    Date: 18-03-2024
    Business: court is on leave
    Next Purpose: NM  ARGUMENTS P.H.
    Next Hearing Date: 27-03-2024
    
    Date: 27-03-2024
    Business: The P.O. is on Leave
    Next Purpose: NM  ARGUMENTS P.H.
    Next Hearing Date: 16-04-2024
    
    Date: 16-04-2024
    Business: N THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO. 61
    Plaintiff in person present and filed copy of lespendence t.o.r.
    None for defendant. No explanation if any hence, posted for passing further order against defendant.
    Matter adjourned for passing further order against defendant / NM argument P.H. to 09-05-2024.
    Lo at 2.50 pm..
    Adv.  Devend Jogdeo defendants No.1(a) to 1(g) present.
    Matter adjourned for passing further order against defendant / NM argument P.H. to 09-05-2024.
    Next Purpose: ORDER
    Next Hearing Date: 09-05-2024
    
    Date: 09-05-2024
    Business: The PO is on leave
    Next Purpose: ORDER
    Next Hearing Date: 13-06-2024
    
    Date: 13-06-2024
    Business: IN THE COURT OF H.H.J. S. M. AGARKAR JUDGE CITY CIVIL COURT C.R. NO. 61
    Adv. Parag Tilak for plaintiff present.
    Adv. Deven Jogdeo for defendant Nos. 1(a) to 1(g) present.
    None for defendant No.2
    Matter adjourned for NM argument P.H. to 15-07-2024.
    Next Purpose: NM  ARGUMENTS P.H.
    Next Hearing Date: 15-07-2024
    
    Date: 15-07-2024
    Business: The Court is on Leave.
    Next Purpose: NM  ARGUMENTS P.H.
    Next Hearing Date: 31-07-2024
    
    Date: 31-07-2024
    Business: IN THE COURT OF H.H.J. R. D. DESHPANDE JUDGE CITY CIVIL COURT C.R. NO. 61
    Plaintiff No.1 alongwith his Adv. Parag Tilak is present.
    Adv. Deven Jogdeo for defendants No.1(a) to 1(g) is present and he filed written notes of arguments in NM No.1117/20. O-Seen and Filed.
    None for defendant No.2.
    Arguments of the advocate Mr. Tilak for plaintiff and advocate Mr. Deven Jogdeo for defendants No.1(a) to 1(g) are heard on NM No.1117/20.
    Matter adjourned for NM order to 02-08-2024.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 02-08-2024
    
    Date: 02-08-2024
    Business: IN THE COURT OF H.H.J. R. D. DESHPANDE JUDGE CITY CIVIL COURT C.R. NO. 61
    Plaintiff is present.
    None for defendants.
    F.R.S.R. following order is passed in Notice of Motion No.1117/2020 -
    ORDER
        1. The Notice of Motion No.1117 of 2020 is partly allowed.
        2. The defendant No.2 is temporary restrained from alienating the suit flat in any manner and from creating any third party interest therein in any manner, till the decision of the suit.
        3. Costs in the cause.
        4. Accordingly, Notice of Motion No.1117/2020 stands disposed off.
    Nature Of Disposal: OTHER
    Disposal Date: 02-08-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 103388/2020
    Filing Date: 13-03-2020
    First Hearing Date: 15th April 2020
    Decision Date: 02nd August 2024
    Court Number And Judge: 61-COURT 61 ADDL  SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    02 Aug 2024

    Order Details: Notice of Motion Pdf Text: N.M.No.1117 of 2020 Order MHCC010031642020 Presented on : 13.03.2020 Registered on : 13.03.2020 Decided on : 02.08.2024 Duration : 04 04 20 Years Months Days IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY AT BOMBAY NOTICE OF MOTION NO.1117 OF 2020 IN SUIT NO.6265 OF 2005 (HIGH COURT SUIT NO.1197/2005) (CNR NO. MHCC010031642020) 1 Surendra Arvind Bongale Indian Inhabitant, aged 50 years Occ: Business, residing at 8, Tulsi Villa Co- op. Hsg.…

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