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NOTICE OF MOTION

SHRI ATTIAPPAN DEVENDRA and Ors.VsSMT. SARASWATI DEVENDRA

CNR MHCC0100332720203-COURT 03 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 10th March 2023

TrustJury record updated 28 Sept 2026

Case Overview

Registration Number
101201/2020
Registration Date
18 Mar 2020

Advocates

2

For Petitioner

For Respondent

Parties

2

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec 9

Case History / Proceedings

Case History
Date: 23-03-2020
Business: adjourned
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 01-04-2020

Date: 01-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 16-04-2020

Date: 16-04-2020
Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 77 of 2020 matter adjourned.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 05-05-2020

Date: 05-05-2020
Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 77 of 2020 matter adjourned.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 27-05-2020

Date: 27-05-2020
Business: In view of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 12-06-2020

Date: 12-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 13-07-2020

Date: 13-07-2020
Reason For Adjournment: National Lock Down
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 14-10-2020

Date: 14-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 03-12-2020

Date: 03-12-2020
Business: None present for plaintiff and Defendant
Matter stands Adj for Taking steps to 27.01.2021
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 27-01-2021

Date: 27-01-2021
Business: Advocate S.A.Shaikh for plaintiff present.
None for defendant.
The case is adjourned to 03.03.2021  for taking steps.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 03-03-2021

Date: 03-03-2021
Business: Advocate S.A.Shaikh for plaintiff present and submits that the defendant is trying to install electricity meter in Plaintiff\''s premises. He submitted that Notice of Motion be heard.
None for defendant.
Defendant shall file reply on next date or the NM will be heard on merits.
Advocate for Plaintiff undertakes to tender registered Notice of Motion on next date.
The case is adjourned to 18.03.2021 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-03-2021

Date: 18-03-2021
Business: Advocate S.A.Shaikh for plaintiffs present and submits that he had tendered the draft Notice of Motion to the Office of this Court. Thereafter there was pandemic. After the Courts reopened he contacted the Department. The Department has informed him that the registered Notice of Motion is not traceable. He seeks time to tender reconstructed registered Notice of Motion.
None for defendant.
Time is granted.
The case is adjourned to 06.04.2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-04-2021

Date: 06-04-2021
Business: In view of guidelines dated 23.02.2021 directed to be implemented from 25.03.2021 limited matters are taken up. Hence, except the daily board, the regular board is discharged.
The case is adjourned to 21.06.2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-06-2021

Date: 21-06-2021
Business: In view of office order No. 106/2021 dtd. 14.06.2021  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 sharp surge in COVID-19 cases and the views of stakeholders, the matter is adjourned.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-07-2021

Date: 28-07-2021
Business: Court is vacant.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-09-2021

Date: 28-09-2021
Business: CORAM :- H.H.J. SHRI.A.H.LADDHAD (C.R. 03)
Matter called out at 04.16 p.m.
Adv. Babu Singh h/f Adv. Shaikh Safi Ahmed for plaintiff present.
Defendant in person present. She tendered reply to NM No. 1201/20. Tor.
She supplied copy of reply to the advocate of plaintiff.
It appears that plaintiff did not tendered registered NM.
Plaintiff is directed to tender registered NM on or before next date.
Matter stands adjourned to 21.10.2021 for NM hearing.
                                                                                        Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-10-2021

Date: 21-10-2021
Business: Matter called out at 3.29 p.m.
Relative of Plaintiff present.
Adv. S. K. Keswani for Defendant present.
At her request matter kept back.
Later on at 5.42 p.m.
Relative of Plaintiff present.
Advocate Jigar Agarwal I/b Adv. Shafi Ahmed Shaikh for plaintiff present.
Advocate Jigar Agarwal tendered restructured NM No.1201/20. TOR.
Matter stands adjourned to 29.10.2021 for rejoinder.
Next Purpose: REJOINDER
Next Hearing Date: 29-10-2021

Date: 29-10-2021
Business: Matter called out at 3.05 p.m.
None present.
Put up for dismissal.
Matter stands adjourned to 08.12.2021 for dismissal.
Later on at Adv. S. A. Shaikh h/f Adv. Safi Shaikh for plaintiff
present. He made a statement that today he is filing rejoinder.
Liberty granted to tender copy of rejoinder on record with copy to
the other side.
Matter removed from dismissal caption.
Already adjourned to 08.12.2021 for NM hearing.
Later on at 3.15 p.m.
Adv. S. A. Shaikh h/f Adv. Safi Shaikh for plaintiff present. He tendered
affidavit in rejoinder on behalf of plaintiff. TOR.
Already adjourned to 08.12.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-12-2021

Date: 08-12-2021
Business: Matter called out at 3.15 p.m.
Adv. Jigar K. Agarwal I/b Adv. Shaikh Shafi Ahmed for plaintiff present.  On behalf of Adv. Shaikh Shafi Ahmed, he tendered adjournment application Exh.8, on the ground that son of advocate on record is hospitalized.
O-for the reason stated, adjournment granted.
Adv. S. K. Keswani for defendant present.
Matter stands adjourned to 17.01.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-01-2022

Date: 17-01-2022
Business: Matter called out at 2.42 p.m.
None present. for plaintiff.
Defendant in person present. She informed that her advocate is suffering from Covid.
Matter stands adjourned to 08.02.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-02-2022

Date: 08-02-2022
Business: None present.
Matter stands adjourned to 21.03.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-03-2022

Date: 21-03-2022
Business: Matter called out at 2.52 p.m.
Adv. S. K. Keswani for defendant present.
Plaintiff absent, hence, matter kept back.
Later on mentioned at 4.54 p.m.
Adv. Fakhruddin K. h/f Shaffi Ahmed SK for plaintiff present.  He tendered adjournment application. TOR. Exh.9. On the ground that wife of advocate is not keeping well.  The adjournment is opposed by the other side. On perusal of the roznama it is clear that after taking ad-interim protection, the plaintiff advocate taking adjournment on one count or other. The present matter is adjourned by way of last chance.
Adv. S. K. Keswani for defendant present.
In the event of failure to proceed by the plaintiff w.r.t NM, this court will decide the same on the basis of the pleadings of the parties.
Matter stands adjourned to 13.04.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-04-2022

Date: 13-04-2022
Business: Matter called out at 3.04 p.m.
Defendant in person present.
Adv. S. K. Keswani for defendant present.
Plaintiff in person present.
kept back.
Later on mentioned at 3.34 p.m.
Adv. S. A. Shaikh for plaintiff present.
Adv. S. K. Keswani for defendant present.
Matter stands adjourned to 04.05.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-05-2022

Date: 04-05-2022
Business: None present for plaintiff.
Adv. S. K. Keswani for defendant present.
As court is busy in hearing in EA 197/17 and status quo application in Disp. of. SU 7753/2000.
Matter stands adjourned to 06.06.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-06-2022

Date: 06-06-2022
Business: Adv. S. A. Shaikh I/b Adv. Shaffi Shaikh for plaintiff present.
Defendant in person present.
Adv. S. K. Keswani for defendant present.
Party heard both the parties on NM No.1201/2020.
Parties seek time for filing documents of execution proceeding.
Matter stands adjourned to 05.07.2022 for NM argument (p.h)
Next Purpose: NM  ARGUMENTS P.H.
Next Hearing Date: 05-07-2022

Date: 05-07-2022
Business: Adv. Fakhruddin Khan h/f Adv. Shafi Shaikh for plaintiff present.
Defendant in person present.
Both are seeking time. Time granted.
Matter stands adjourned to 29.08.2022 for NM argument (p.h).
Next Purpose: NM  ARGUMENTS P.H.
Next Hearing Date: 29-08-2022

Date: 29-08-2022
Business: Adv. Fakruddin Khan h/f Adv. Shafi Shaikh for plaintiff present.
Defendant in person present.
Both are seeking time. Time granted.
Matter stands adjourned to 17.10.2022 for NM Argument(p.h).
Next Purpose: NM HIGH ON BOARD
Next Hearing Date: 17-10-2022

Date: 17-10-2022
Business: Adv. Fakruddin Khan for plaintiff present.
Adv. S. K. Keswani for defendant present.
K.B.
Later on called out at 3.41 p.m.
Adv. S. A. Shaikh for plaintiff present.
Adv. S. K. Keswani for defendant present.
Heard argument of advocate for defendant on NM No.1201/20.
Matter stands adjourned to 14.11.2022 for argument of plaintiff.
Next Purpose: NM HIGH ON BOARD
Next Hearing Date: 14-11-2022

Date: 14-11-2022
Business: Adv. Shaikh Shafi Ahmed for plaintiff present.  He tendered application for submitting copies of documents in NM No.1201/2020 a/w compilation. TOR. Copy served to the defendant.
Adv. S. K. Keswani for defendant present.
Plaintiff is seeking time. Time granted.
Earlier order if any, to continue.
Matter stands adjourned to 13.12.2022 for NM argument (p.h).
Next Purpose: NM HIGH ON BOARD
Next Hearing Date: 13-12-2022

Date: 13-12-2022
Business: Plaintiff in person present.
Adv. S. K. Keswani for defendant present.
K.B.
Later on at called out at 3.49 p.m.
Adv. Shaikh Shafi Ahmed for plaintiff present.
Adv. S. K. Keswani for defendant present.
Heard both the sides on NM No.1201/2020.
Matter stands adjourned to 31.01.2023 for NM argument (p.h)/NM
orders.
Next Purpose: NM HIGH ON BOARD
Next Hearing Date: 31-01-2023

Date: 31-01-2023
Business: Court is on leave.
Next Purpose: NM HIGH ON BOARD
Next Hearing Date: 13-02-2023

Date: 13-02-2023
Business: Adv.  Fakhruddin Khan h/f Adv. Shaffi Shaikh for plaintiff.
Defendant in person present.
K.B.
Later on at 3.51 p.m.
Adv.  Fakhruddin Khan h/f Adv. Shaffi Shaikh for plaintiff present.
Defendant in person present. She is seeking time to tender the photograph of suit property.
Matter stands adjourned on 28.02.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-02-2023

Date: 28-02-2023
Business: Adv. Fakhruddin Khan h/f Adv. Shafi Ahmed for plaintiff present.
Adv. S. K. Keswani for defendant present. He tendered photographs of suit property. TOR.
Matter stands adjourned on 10.03.2023 for NM P.H./Order.
Next Purpose: NM HIGH ON BOARD
Next Hearing Date: 10-03-2023

Date: 10-03-2023
Business: Adv. S. A. Shaikh a/w Adv. Shaikh Shafi Ahmed for plaintiff present.
Defendant in person present.
K.B.
Later on at 5.20 p.m.
FRSR following order is passed in NM No.1201/2020
O R D E R
1.Notice of Motion No.1201/2020 in S.C. Suit No.1738/2011, is hereby dismissed.
2.Notice of Motion is disposed off accordingly.
Matter stands adjourned on 19.04.2023 for recording evidence.
Nature Of Disposal: DISMISSED
Disposal Date: 10-03-2023

Additional Case Details

Additional Case Details
Filing Number: 103664/2020
Filing Date: 18-03-2020
First Hearing Date: 23rd March 2020
Decision Date: 10th March 2023
Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE

Orders

1
Final Order 1Full order available
10 Mar 2023

Order Details: Notice of Motion Pdf Text: ..1.. IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI NOTICE OF MOTION NO.1201 OF 2020 (CNR NO.MHCC010033272020) IN S. C. SUIT NO.1738 OF 2011 Attiappan Devendra )..Org. plaintiff (deceased) Ramlingam Attiapan Devendra ) & Others. )..Plaintiffs Versus Saraswati Krishna Devendra )..Defendant Appearances : Ld. Adv. Shaikh Shafi Ahmed for plaintiffs. Ld. Adv. S. K. Keswani for defendant. CORAM : HIS HONOUR JUDGE SHAIKH AKBAR SHAIKH JAFAR COURT ROOM NO.03 DATE : 10/03/2023.…

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