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NOTICE OF MOTION

Pooja Satyawan VichareVsKalpana Jeevan Shirke

CNR MHCC0100345120191-COURT 01 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 03rd July 2023

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
101330/2019
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: 24-04-2019
    Business: Resumed.
    Adv. Sheena Patil for plaintiff and Adv. Mr. Mamnia with def. Nos. 2 to 4 are present.
    Exh. 8 - Adv. Mamnia filed affidavit of service of NM No. 1609/2019.
    Adv. Patil tendered registered NM No. 1330/2019 with affidavit.
    Heard both the advocates on NM No. 1609/2019.  The defendants are seeking condonation of delay of 12 days and further leave to file w.s.  the Ld. Advocate for plaintiff, without prejudice to the rights of the plaintiff submitted that necessary orders may be passed in the matter.
        Considering the rival submissions, in view of the ratio laid down by the Hon\''ble High Court of Bombay in the case of Vimalkumar vs Vinodkumar reported in 1999 (1) Mh. L. J. 180 Rule 10 of Order VIII of C.P.C gives discretion to the Court and Court can permit to file w.s. at any stage prior to pronouncement of judgment.   Therefore, the prejudice which may be caused to the plaintiff can be compensated in terms of costs.  Thus the following order is passed-  The NM no.1609/2019 is made absolute in terms of prayer clause (a) and (b) subject to payment of costs Rs. 2000/- to the plaintiff within a period of two weeks from today or to be deposited for that purpose in the Court within two weeks from today.  Adv. Mamnia for defendants undertakes to tender registered NM in the Court before next date.
    Adjd for NM arguments and compliance to 10.07.2019.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 10-07-2019
    
    Date: 10-07-2019
    Business: Adv. Sheena Patil with Adv. Harshada Vaidya for plaintiff present.
    Plaintiff present.
    Adv. Shreyas Mamhane for defendants present.
    Original NM No. 1609/19 tendered by the defendants which is already disposed of.
    Draft CS along with affidavit filed by the plaintiff.
    Order on draft chamber summons
           The Ld. counsel for the plaintiff submitted that there is some error in title clause in respect of address of defendant nos. 4 and 5 and accordingly she wish to amend the title clause of the plaint and Notice of Motion.  The Ld. counsel for defendants filed reply and submitted it to the order of the Court.
             The amendment appears to be of formal in  nature which does not affect the substantial rights of the parties. No prejudice will be caused to the defendants if the plaintiff is permitted to amend the title clause of the plaint and NM. Hence, it is expedient to pass following order.
    ORDER
    1.  Draft Chamber Summons is allowed in terms of prayer clause (a) and (b).
    2.  Plaintiff to carry out the necessary amendment within  a period of 14 days.
    3.  Chamber Summons is disposed of accordingly.
    4.  Chamber Summons be registered for statistical purpose
    _____________________
    Heard argument of Ld. Advocate for plaintiff and defendants partly.  There appears to be ailment of settlement in the matter.  It is fit case for referring the matter for mediation.  Hence, the matter is referred for mediation.
    Adjourned for mediation report to 13.8.2019.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 13-08-2019
    
    Date: 13-08-2019
    Business: Adv. Harshada Vaidya h/f Adv. Sheena Patil for plaintiff present.
    Adv. Mamania for defendants present.
    Application filed by plaintiff for extension of time for carrying out the amendment.
    Read application. Considering the reason time is extended for carrying out the amendment for further 14 days from today.
    Adjourned for mediation report to 4.10.2019.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 04-10-2019
    
    Date: 13-08-2019
    Business: Adv. Harshada Vaidya h/f Adv. Sheena Patil for plaintiff present.
    Adv. Mamania for defendants present.
    Application filed by plaintiff for extension of time for carrying out the amendment.
    Read application. Considering the reason time is extended for carrying out the amendment for further 14 days from today.
    Adjourned for mediation report to 4.10.2019.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 04-10-2019
    
    Date: 04-10-2019
    Business: Adv. Harshada Vaidya for plaintiff present.
    Mediation report not received.
    Adjourned for report of mediation to 19.12.2019.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 19-12-2019
    
    Date: 19-12-2019
    Business: Adv. Vaidya for plaintiff present.
    None for deft.
    Adv. for plaintiff submitted that the mediation is under progress.
    The matter is adjd for mediation report to 02.03.2020.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 02-03-2020
    
    Date: 19-12-2019
    Reason For Adjournment: court time is over
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 02-03-2020
    
    Date: 02-03-2020
    Reason For Adjournment: court time is over
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 13-04-2020
    
    Date: 02-03-2020
    Business: Adv. Patil for plaintiff present.  Plaintiff present.
    Deft. nos.1, 3 to 5 present.
    There is likelihood of settlement in the matter, hence the matter is referred before Lok-Adalat.
    The matter is adjd for report to 13.04.2020.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 13-04-2020
    
    Date: 13-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 28-04-2020
    
    Date: 13-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 28-04-2020
    
    Date: 28-04-2020
    Business: As per Office order Nos.74/2020 and 77/2020, due to Lock-down, matter is adjourned.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 19-05-2020
    
    Date: 19-05-2020
    Business: In view of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pademic by WHO and as per Office Order 78 of 2020, matter adjourned
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 06-06-2020
    
    Date: 19-05-2020
    Business: In view of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pademic by WHO and as per Office Order 78 of 2020, matter adjourned
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 06-06-2020
    
    Date: 06-06-2020
    Business: In view of declaration of Novel Corona Virus (Covid 19) as global Pandemic by WHO and Office Order no.83/2020, matter is adjourned
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 24-06-2020
    
    Date: 06-06-2020
    Business: In view of declaration of Novel Corona Virus (Covid 19) as global Pandemic by WHO and Office Order no.83/2020, matter is adjourned
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 24-06-2020
    
    Date: 24-06-2020
    Business: None present. In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned to
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 14-08-2020
    
    Date: 24-06-2020
    Business: None present. In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned to
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 14-08-2020
    
    Date: 14-08-2020
    Business: In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 06-10-2020
    
    Date: 14-08-2020
    Business: In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 06-10-2020
    
    Date: 06-10-2020
    Business: Both the parties are absent.  Due to Covid-19, the matter is adjourned to  15.12.2020.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 15-12-2020
    
    Date: 06-10-2020
    Business: Both the parties are absent.  Due to Covid-19, the matter is adjourned to  15.12.2020.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 15-12-2020
    
    Date: 15-12-2020
    Business: None present.
    Mediation report is not yet received.  Sheristedar to inquire from the mediation department.
    The matter is adjd for mediation report to 17.02.2021.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 17-02-2021
    
    Date: 17-02-2021
    Business: Adv. Sheena Patil for plaintiff present.
    Adv. Mamania for defts. present.
    Parties tendered consent terms.  T.O.R.
    The matter is adjd for hearing on consent terms to 24.02.2021.
    Next Purpose: HEARING
    Next Hearing Date: 24-02-2021
    
    Date: 17-02-2021
    Business: Adv. Sheena Patil for plaintiff present.
    Adv. Mamania for defts. present.
    Parties tendered consent terms.  T.O.R.
    The matter is adjd for hearing on consent terms to 24.02.2021.
    Next Purpose: HEARING
    Next Hearing Date: 24-02-2021
    
    Date: 24-02-2021
    Business: Adv. Harshada Vaidya for plaintiff present.
    None for deft.
    Ld. counsel for plaintiff seeks time for hearing on legality of consent terms.  Granted.
    The matter is adjd for hearing to 09.04.2021.
    Next Purpose: HEARING
    Next Hearing Date: 09-04-2021
    
    Date: 24-02-2021
    Business: Adv. Harshada Vaidya for plaintiff present.
    None for deft.
    Ld. counsel for plaintiff seeks time for hearing on legality of consent terms.  Granted.
    The matter is adjd for hearing to 09.04.2021.
    Next Purpose: HEARING
    Next Hearing Date: 09-04-2021
    
    Date: 09-04-2021
    Business: In view of the office order no.73/21 dated 06.04.2021, only urgent matters are kept on board. This matter is not in the same list hence, adjd for hearing to 16.07.2021.
    Next Purpose: HEARING
    Next Hearing Date: 16-07-2021
    
    Date: 16-07-2021
    Business: In view of office order no.131/2021 dated 02.07.2021, the matter not being urgent, is adjourned to 30.08.2021.
    Next Purpose: HEARING
    Next Hearing Date: 30-08-2021
    
    Date: 16-07-2021
    Business: In view of office order no.131/2021 dated 02.07.2021, the matter not being urgent, is adjourned to 30.08.2021.
    Next Purpose: HEARING
    Next Hearing Date: 30-08-2021
    
    Date: 30-08-2021
    Business: Adv Harshada Vaidya  h/f  Adv.Sheena Patil for the plff present.
    None for defendant.
    Heard advocate for the plaintiff.
    Perused the record and roznama dtd. 17/2/2021.
    It is submitted that settlement talks were going on and it was utmost finalised but due to lock down the parties could not appeared for verification. Learned advocate for the plff has consented for referring the matter to Lok-Adalat for finalizing the consent terms (Exh.10) and other settlement terms.
    Issue notice to both the parties for attending National Lok Adalat scheduled to be held on 25.09.2021 at 10.00 a.m.
    Matter adjd for lok adalat on 25.09.2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 25-09-2021
    
    Date: 25-09-2021
    Business: Both parties are absent.
    Matter is not settled before Lokadalat.
    Adjd to. 26.11.2021 for parties to present before regular court.
    Next Purpose: FOR___________________
    Next Hearing Date: 26-11-2021
    
    Date: 25-09-2021
    Business: Both parties are absent.
    Matter is not settled before Lokadalat.
    Adjd to. 26.11.2021 for parties to present before regular court.
    Next Purpose: FOR___________________
    Next Hearing Date: 26-11-2021
    
    Date: 26-11-2021
    Business: P.O. is on leave. Matter adjd to
    Next Purpose: FOR___________________
    Next Hearing Date: 16-02-2022
    
    Date: 26-11-2021
    Business: P.O. is on leave. Matter adjd to
    Next Purpose: FOR___________________
    Next Hearing Date: 16-02-2022
    
    Date: 16-02-2022
    Business: Adv Sheena Patil for plff present.
    Adv M. S. Lad for defs present. Filed vakalatnama. TOR Marked Exh-11.
    Both the ld adv present before the court have submitted that the consent terms exh-10 is not pressed. Therefore exh-10 stands filed. Matter is adjourned for NM hearing.
    Matter is adjd to 22/04/2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-04-2022
    
    Date: 16-02-2022
    Business: Adv Sheena Patil for plff present.
    Adv M. S. Lad for defs present. Filed vakalatnama. TOR Marked Exh-11.
    Both the ld adv present before the court have submitted that the consent terms exh-10 is not pressed. Therefore exh-10 stands filed. Matter is adjourned for NM hearing.
    Matter is adjd to 22/04/2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-04-2022
    
    Date: 22-04-2022
    Business: Adv. Smt. Sheena Patil for plaintiff present.
    Adv. Lad for defendant Nos. 1 to 5 present.
    On oral request of advocate for plaintiff.
    Matter is adjd for NM hearing on 05-08-2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-08-2022
    
    Date: 22-04-2022
    Business: Adv. Smt. Sheena Patil for plaintiff present.
    Adv. Lad for defendant Nos. 1 to 5 present.
    On oral request of advocate for plaintiff.
    Matter is adjd for NM hearing on 05-08-2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-08-2022
    
    Date: 05-08-2022
    Business: None present for plaintiff.
    Adv. Lad for defendant is present and filed additional reply to NM. T.O.R.
    Matter adjd to 22.09.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-09-2022
    
    Date: 05-08-2022
    Business: None present for plaintiff.
    Adv. Lad for defendant is present and filed additional reply to NM. T.O.R.
    Matter adjd to 22.09.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-09-2022
    
    Date: 22-09-2022
    Business: Adv. Sheena Patil for plaintiff is present.
    Adv. Lad for defendant is present.
    The Defendant has supplied copy of additional reply to the plaintiff.
    Matter adjd to 22.11.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-11-2022
    
    Date: 22-09-2022
    Business: Adv. Sheena Patil for plaintiff is present.
    Adv. Lad for defendant is present.
    The Defendant has supplied copy of additional reply to the plaintiff.
    Matter adjd to 22.11.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-11-2022
    
    Date: 22-11-2022
    Business: Adv. Patil for plaintiff is present.
    Adv. Aishwarya Lad for defendant is present.
    On oral request of Ld.Adv.for defendant matter adjourned for NM hearing.
    Matter adjd to 18.01.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-01-2023
    
    Date: 22-11-2022
    Business: Adv. Patil for plaintiff is present.
    Adv. Aishwarya Lad for defendant is present.
    On oral request of Ld.Adv.for defendant matter adjourned for NM hearing.
    Matter adjd to 18.01.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-01-2023
    
    Date: 18-01-2023
    Business: None present for plaintiff
    Adv. M.S. Lad for defendant is present.
    Adjourned for dismissal of Notice of Motion.
    Matter adjd to 01.04.2023 for NM for dismissal .
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 01-04-2023
    
    Date: 01-04-2023
    Business: Plaintiff present.
    Adv. Harshada Vaidya for plaintiff is present.
    None present for defendant.
    KB Lo at 3.44 p.m.
    Adv. Harshada Vaidya for plaintiff is present.
    Adv. M.S. Lad for defendant present.
    The Ld.Adv.for plaintiff has filed an application for remove the NM from the caption of dismissal t.o.r marked at Exh.12. Allowed.
    Matter adjourned for hearing on NM as last chance.
    Matter adjd to 03.07.2023 for hearing on NM.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-07-2023
    
    Date: 01-04-2023
    Business: Plaintiff present.
    Adv. Harshada Vaidya for plaintiff is present.
    None present for defendant.
    KB Lo at 3.44 p.m.
    Adv. Harshada Vaidya for plaintiff is present.
    Adv. M.S. Lad for defendant present.
    The Ld.Adv.for plaintiff has filed an application for remove the NM from the caption of dismissal t.o.r marked at Exh.12. Allowed.
    Matter adjourned for hearing on NM as last chance.
    Matter adjd to 03.07.2023 for hearing on NM.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-07-2023
    
    Date: 03-07-2023
    Business: Adv. Patil for plaintiff is present.
    Adv. Lad for defendant is present.
    Heard both side.
    K.B. for order.
    Later on at 5.30 p.m.
    FRSR order passed in NM No.1330/2019.
    ORDER
    1. NM No.1330/2019 stands allowed and made absolute in terms of prayer clause (a) and (b) i.e., defendants are hereby restrained by an order of temporary injunction from disturbing the possession of plaintiff on the suit premises and to dispossess the plaintiff and her children from the suit premises without following due process of law, till decision of the suit.
    2. Notice of Motion stands disposed off accordingly.
    Matter adjd to 28.08.2023 for framing issues.
    Nature Of Disposal: ALLOWED
    Disposal Date: 03-07-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 103691/2019
    Filing Date: 27-03-2019
    First Hearing Date: 24th April 2019
    Decision Date: 03rd July 2023
    Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    03 Jul 2023

    Order Details: Notice of Motion Pdf Text: 1 Ord in NM 1330 of 2019 in Suit no.308 of 2019 MHCC010034512019 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY ORDER IN NOTICE OF MOTION NO. 1330 OF 2019 IN SUIT NO.308 of 2019 Mrs. Pooja Satyawan Vichare …….. Plaintiff V/s 1. Mrs. Kalpana Jeevan Shirke & Others. ………Defendants. CORAM: HIS HONOUR JUDGE SHRI VIRENDRA D. KEDAR (COURT ROOM NO.01) DATE : 3rd DAY OF JULY, 2023 -: Appearances: - The learned…

    Read Full Order

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