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NOTICE OF MOTION

Sujata Raghuvir BhawsarVsRajesh Shrikrishna Bhavsar and Anr.

CNR MHCC01003207202066-COURT 66 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--OTHER
Decision Date: 10th December 2022

TrustJury record updated 28 Sept 2026

Case Overview

Registration Number
101147/2020
Registration Date
14 Mar 2020

Advocates

2

For Petitioner

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.1147/2020.T.O.R
Adv. for defendant no.2 filed rejoinder on N/M No.1147/2020. 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
Nature Of Disposal: OTHER
Disposal Date: 10-12-2022

Additional Case Details

Additional Case Details
Filing Number: 103304/2020
Filing Date: 14-03-2020
First Hearing Date: 14th March 2020
Decision Date: 10th December 2022
Court Number And Judge: 66-COURT 66 ADDL SESSIONS JUDGE

Orders

1
Final Order 1Full order available
10 Dec 2022

Order Details: Notice of Motion Pdf Text: N/m No. 1147/2020 (Old N/m No. 2993/19) in 1 Order. S.C.Suit No. 414/2020 (Old S.C.Suit No. 3787/18). MHCC010032072020 Presented on : 14-03-2020 Registered on : 14-03-2020 Decided on : 10-12-2022 Duration : 2 years, 8 months, 27 days IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. NOTICE OF MOTION NO. 1147 OF 2020 (Old Notice Of Motion No. 2993 OF 2019) IN S. C. SUIT NO. 414 OF 2020 (Old S. C. SUIT…

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