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NOTICE OF MOTION

Dr. Sir. George P. JosephVsMr. Mahesh M. Mohanty +1 more

CNR MHCC01003225202066-COURT 66 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHER
Decision Date: 16th December 2022

TrustJury record updated 28 Sept 2026

Case Overview

Registration Number
101157/2020
Registration Date
14 Mar 2020

Advocates

2

For Petitioner

Parties

3

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec 09

Case History / Proceedings

Case History
Date: 09-07-2020
Business: National Lockdown
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 10-09-2020

Date: 10-09-2020
Business: Adjd.to07-12-2020 due to covid-19.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 07-12-2020

Date: 07-12-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-12-2020

Date: 15-12-2020
Business: The P.O. is on leave.  Hence board is discharged.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-02-2021

Date: 16-02-2021
Business: None present.
Adjd to 20/04/2021  for N.M. hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-04-2021

Date: 20-04-2021
Business: In view of office order No. 81/2021 dtd. 17.04.2021  of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai pursuant to circular dtd. 16.04.2021 issued by Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of exponential surge in COVID-19 cases and the views of stakeholders, the matter is adjourned owing to absence of the parties.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-07-2021

Date: 26-07-2021
Business: Nobody present.
Due to COVID-19 pandemic, matter is adjourned.
Adjd for NM hearing to 27/09/2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-09-2021

Date: 27-09-2021
Business: Adv. Asit Singh for plaintiff present and seeks time to file reply. Granted as last chance.
None for defendant.
Adjd for NM reply to 15/11/2021
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-11-2021

Date: 15-11-2021
Business: Adv. Asit Singh for plff present.
Adv. For deft. Present and requested to grant time to reply. O- time granted as last chance.
Adjd for. reply to. 12.01.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-01-2022

Date: 12-01-2022
Business: Court is on leave
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-03-2022

Date: 01-03-2022
Business: Adv. Asit Singh for plaintiff present.
None for defendant.
The notice of motion is not tendered by defendants till date.
Defendant to file registered NM on next date failing which the notice of motion will be removed from CIS
Adjd for reply to 23/03/2022
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-03-2022

Date: 23-03-2022
Business: None present when called at 3.08 pm
Adjd for NM reply to 21/06/2022.
 LO
Adv. For Vijayarani S. Prasad for defendants present.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-06-2022

Date: 21-06-2022
Reason For Adjournment: court time is over
Next Purpose: FOR___________________
Next Hearing Date: 21-07-2022

Date: 21-07-2022
Business: Plaintiff in person present.
Adv. V.T. Dubey for defendant nos.1 and 2 present and filed registered NM No.1157/2022. T.O.R.
Defendant no.1 is also present.
Matter is adjd.to  18/08/2022 for NM reply.
L.O. at 3.10 P.M.
Adv. Asit Singh for plaintiff present.
Matter is already adjd.to  18/08/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-08-2022

Date: 18-08-2022
Business: Adv. Amin Patel for plaintiff present and prayed for adjournment due to non availability of Adv. Asit Singh.
Adv. V. T. Dubey for defendant present and submitted that NM No.  3308/19 is taken out by the defendant. He further submitted that the plaintiff is not arguing in NM which is pending since 2019.
Considering limited aspect of delay con-donation and filing written statement by setting aside ex parte order is prayed in NM. Both sides are arguing the matter on the next date of hearing.
Matter is adjd.to  22-09-2022 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-09-2022

Date: 22-09-2022
Business: matter is adjourned to
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-12-2022

Date: 08-12-2022
Business: Matter is adjourned to
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-12-2022

Date: 16-12-2022
Business: (NOB TOB)(By preceipe moved by the plaintiff  - allowed)
Adv. Asit Singh a/w CA of plaintiff present.
Adv. V. T. Dubey  a/w defendants no. 1 and 2 present.
Both sides filed consent terms   t.o.r. marked as Exh.4
 Order below Exh.4
Exh.4 is Consent Terms filed by the CA of  the  plaintiff and the defendants. The plaintiff has agreed to allow the defendants to occupy the suit flat on or before 31-03-2023 as per terms and conditions of the registered agreement for sale as specifically mentioned in the consent terms Exh. 4. There are also several clauses in consent terms Exh.4. Both sides have admitted their signature on consent terms Exh. 4 with contents therein and they are identified by their respective advocates. As both sides are voluntarily compromising the matter and they are represented by their advocates, settlement does not appear to be out come of any pressure or factor   affecting to its legality.  Considering all these aspects, I pass the following order -
- ORDER -
1.  Suit No. 1779/2017 is decreed in terms of Consent Terms (Exh.4).
2. Parties shall bear their own cost.
3. Court fees shall be refunded to the plaintiff as per rules and refund certificate be issued accordingly.
4. Consent Terms (Exh.4) shall form part and parcel of the Compromise Decree.
5. Compromise decree be drawn up accordingly.
6. Notice of Motion No. 1157/2020 is  disposed off having become infructuous due to disposal of the main matter.
Nature Of Disposal: OTHER
Disposal Date: 16-12-2022

Additional Case Details

Additional Case Details
Filing Number: 103428/2020
Filing Date: 14-03-2020
First Hearing Date: 09th July 2020
Decision Date: 16th December 2022
Court Number And Judge: 66-COURT 66 ADDL SESSIONS JUDGE

Orders

1
Final Order 1Full order available
16 Dec 2022

Order Details: Other Pdf Text: 12/21/22, 1:45 PM Case History 172.16.148.30/swecourtis/kiosk/ 1/1 Back Daily Status IN THE COURT OF :COURT 66 ADDL SESSIONS JUDGE Case No. :NOTICE OF MOTION/0101157/2020 Dr. Sir. George P. Joseph Vs 1. Mr. Mahesh M. Mohanty 2. Mrs. Alka M. Mohanty Date : 16-12-2022 Business : (NOB TOB)(By preceipe moved by the plaintiff - allowed) Adv. Asit Singh a/w CA of plaintiff present. Adv. V. T. Dubey a/w defendants no. 1 and 2 present. Both sides…

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