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NOTICE OF MOTION

Mrs.Saili W-o Sanjay GadiVsMr. Chandrahas Dondiram Patekar

CNR MHCC01003442201919-COURT 19 PRINCIPAL JUDGE CITY CIVIL AND SESSIONS COURT
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 08th January 2021

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
101328/2019
Registration Date
27 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: 30-03-2019
    Business: Adv. Narvekar for plff. present and has tendered 2 registered N/M No.1328/19 and 1329/19 along with 2 supporting affds. t.o.r
    Adv. for deft. present and has filed reply to application Exh.14 of the plff. t.o.r. Copy served to the adv. of plff.
    It appears that the plff. has not served the aforesaid N/M No.1328/19 and 1329/19 to the deft. Now the adv. of lff. has served the copies of these Notices of Motion on the adv. of deft.
    Matter is adjd. to.08.04.2019 for reply and hearing on N/M No.1328/19 and 1329/19 and hearing on Exh.14.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 08-04-2019
    
    Date: 08-04-2019
    Business: Adv. Narvekar for plff. present.
    deft. and his adv. absent.
    The deft is absent and has failed to file reply to N/M No.1328/19 and 1329/19 and on the application Exh.14 hence,  N/M No.1328/19 and 1329/19 and on the application Exh.14 shall proceed without deft. reply. Matter is adjd. to. 20.06.2019 for hearing on N/M No.1328/19 and 1329/19 and hearing on Exh.14.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-06-2019
    
    Date: 20-06-2019
    
    Date: 23-07-2019
    Business: court is on leave.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 23-09-2019
    
    Date: 23-09-2019
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 16-10-2019
    
    Date: 16-10-2019
    Business: Adv. Narvekar for plff present.
    Adv. Sunil Tiwari for deft present.
    Advocate for deft filed replies to NM No. 1328/19 and 1329/19. TOR.
    Copy served to other side.
    Adjd for Hearing on those notices of motion to 21.11.2019.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 21-11-2019
    
    Date: 21-11-2019
    Business: Adjd for N/M hearing to 13.01.2020.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 13-01-2020
    
    Date: 13-01-2020
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-02-2020
    
    Date: 07-02-2020
    Business: Adv. Narvekar  for plaintiff present.
    None for defendants.
    KB LO
    Court is busy in other matters
    Adjd to 07.04.2020 for N/M hearing .
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-04-2020
    
    Date: 07-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-04-2020
    
    Date: 18-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-05-2020
    
    Date: 29-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-06-2020
    
    Date: 16-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-07-2020
    
    Date: 07-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-08-2020
    
    Date: 03-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-09-2020
    
    Date: 02-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-09-2020
    
    Date: 28-09-2020
    Business: Both sides absent. Due to COVID-19 adjourned to 21.10.2020 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-10-2020
    
    Date: 21-10-2020
    Business: Both sides absent.
    Due to COVID-19 adjourned to 23.11.2020 for N/M. hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-11-2020
    
    Date: 23-11-2020
    Business: Both sides absent.
    Due to COVID-19 adjourned to 15.12.2020 for N/M Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-12-2020
    
    Date: 15-12-2020
    Business: Adv. Pooja Narvekar for plaintiff is present.
    Defendant is present.
    Advocate for defendant is absent.
    At the request of defendant, adjourned to 08.01.2021 for NM Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-01-2021
    
    Date: 08-01-2021
    Business: Adv. Pooja Narvekar for plaintiff is present.
    Adv.  Sunil Tiwari for defendant is present.
    Heard both the sides on NM No.1328/19
    Since prayer in the suit is in respect of injunction pertaining to a property the additional issue sought to be framed regarding proving of possession by the plaintiff over the suit property would be relevant, as such Notice of Motion No.1328/19 is made absolute in prayers clause (a). It is accordingly disposed off.
    Exh.11 - Additional Issue framed.
    Kept Back.
    L.O.
    Adv. Pooja Narvekar for plaintiff is present.
    Adv.  Sunil Tiwari for defendant is present.
    Defendant Mr. Chandrahas Dondiram Patekar is present.
    Heard both the sides.
    Ld. counsel for the defendant upon instructions from the defendant who is present in the court admits that the plaintiff is in possession of the suit premises. However, according to him it is illegal possession. In any case he undertakes not to dispossess the plaintiff without following due process of law. Undertaking is accepted.
    In view of the aforesaid undertaking, Ld counsel for the plaintiff agrees that the nothing survives in the suit. Suit No.894/15 is accordingly disposed off.
    Notice of Motion No.1329/19 is accordingly disposed off.
    Application filed by advocate for defendant for return of original documents due to disposal of suit. TOR and marked as Exh.12. Documents be returned on usual terms.
    Nature Of Disposal: ALLOWED
    Disposal Date: 08-01-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 103728/2019
    Filing Date: 27-03-2019
    First Hearing Date: 30th March 2019
    Decision Date: 08th January 2021
    Court Number And Judge: 19-COURT 19 PRINCIPAL JUDGE CITY CIVIL AND SESSIONS COURT

    Orders

    1
    Final Order 1Full order available
    08 Jan 2021

    Order Details: Other Pdf Text: 08.01.2021 Suit 894/15 @ NM 1328/19, NM 1329/19 Exh.11 Exh.12 CORAM : HIS HONOUR THE PRINCIPAL JUDGE, SHRI. S. B. AGRAWAL (C.R. NO.19) Adv. Pooja Narvekar for plaintiff is present. Adv. Sunil Tiwari for defendant is present. Heard both the sides on NM No.1328/19 Since prayer in the suit is in respect of injunction pertaining to a property the additional issue sought to be framed regarding proving of possession by the plaintiff over the suit…

    Read Full Order

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