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NOTICE OF MOTION

Ambalal Gulabchand JainVsBhadraj Parekh And Anr

CNR MHCC01003247201913-COURT 13 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 04th July 2019

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
101261/2019
Registration Date
20 Mar 2019

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: 22-03-2019
    Business: Adv for applicant in NM present and tendered original NM No.1261 of 19 alongwith affidavit. It is TOR.
    Heard adv for applicant requested for ad interim order and has shown original copy of service to the Plaintiff. But the same is not affirmed by the applicant by way of affidavit as per city civil Rules. The applicant has personally served the notice unless the affidavit is on record. No ad interim order can be passed.
    Adjd to 26/03/2019
    Reason For Adjournment: court time is over
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 26-03-2019
    
    Date: 26-03-2019
    Business: Adv. Mr. Sanklan Das  for legal heirs for deft. No.1 present.
    He filed affidavit of service. t.o.r.
    Heard NM No.1261/19.
    Heard advocate for legal heirs of deft no.1. Perused N/M supported by affidavit. Adv. for legal heirs of deft no.1  requested for staying the execution of decree. The deft. has apprehension that the ex-party decree will be executed and deft. will suffer irreparable loss. The deft has filed affidavit of service to the plaintiff of  the N/M. The plaintiff did not appear. Hence as there is apprehension and the decree is ex-party. On perusal of the decree papers filed by deft. It shows that the jangam warrant is issued for attachment of movable property . As plaintiff did not appear and filed reply hence NM to proceed without reply. Adv. for deft. argue NM on next date.
    Adjd. to 29/03/19 for order.
    Next Purpose: ORDER
    Next Hearing Date: 29-03-2019
    
    Date: 29-03-2019
    Business: Nobody present.
    Adjd for NM for orders to 05/04/2019.
    Next Purpose: ORDER
    Next Hearing Date: 05-04-2019
    
    Date: 05-04-2019
    Business: Plaintiff and his Ld. Adv. is absent.
    Defendant and his Adv. is absent.
    Case is adjourned to 22/04/2019 for Order.
    Next Purpose: ORDER
    Next Hearing Date: 22-04-2019
    
    Date: 22-04-2019
    Business: Nobody present.
    Adjd for order to 04/07/2019.
    Next Purpose: ORDER
    Next Hearing Date: 04-07-2019
    
    Date: 04-07-2019
    Business: 1. The Notice of Motion is allowed
    2. The applicants are hereby directed to deposit the amount of Rs. 2,00,000/- within one month of the order to be kept in Fixed deposit of nationalised bank.
    3. On deposit of the amount within the above period the decree dt. 04/01/2014 in summary suit No. 7367/1997 is set aside and the file is restored.
    4. Accordingly notice of motion is disposed of.
    Nature Of Disposal: ALLOWED
    Disposal Date: 04-07-2019

    Additional Case Details

    Additional Case Details
    Filing Number: 103507/2019
    Filing Date: 20-03-2019
    First Hearing Date: 22nd March 2019
    Decision Date: 04th July 2019
    Court Number And Judge: 13-COURT 13 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    04 Jul 2019

    Order Details: Notice of Motion Pdf Text: NM No. 1261/2019 in Suit No.7367/1997 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY NOTICE OF MOTION NO. 1261 OF 2019 IN SUIT NO. 7367 OF 1997 (CNR NO. –) Mr. Ambalal Gulabchand Jain ) Residing at ) Shop No. 21, Abhinandan Market, ) Kalbadevi Raod, Mumbai 400 002 ) …. Plaintiff Versus 1. Mr. Ghisu Parekh ) Since deceased through his legal heir ) Mr. Bhadraj Ghisu Parekh ) Residing at )…

    Read Full Order

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