NOTICE OF MOTION
Sandhya Ashok BhanushaliVsBahadur Ismail Damani And Anr
CNR MHCC0100351320193-COURT 03 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 30th October 2021
TrustJury record updated 19 Sept 2026
Case Overview
- Registration Number
- 101366/2019
- Registration Date
- 28 Mar 2019
Advocates
2For Petitioner
For Respondent
Parties
2Petitioner
Respondent
Acts & Sections
1Protection of Women from Domestic Violence Act · Sec 9
Case History / Proceedings
Case History
Date: 30-04-2019 Business: Matter adj. for NM Hearing to 21.06.2019. Next Purpose: NOTICE OF MOTION Next Hearing Date: 21-06-2019 Date: 21-06-2019 Business: Adv. Gandhi for plaintiff present. Wife of defendant no. 1 present. By consent, Adjd to 01.08.19 for NM hearing. Next Purpose: NOTICE OF MOTION Next Hearing Date: 01-08-2019 Date: 01-08-2019 Business: Adv. Ghadigaonkar for plaintiff present. Wife of defendant no. 1 present. On oral request, Matter stands Adj for NM hearing to 18.09.19. Next Purpose: NOTICE OF MOTION Next Hearing Date: 18-09-2019 Date: 18-09-2019 Business: None present for plaintiff Wife of defendant present. On oral request, Matter stands Adj for hearing on NM to 19.10.19. Next Purpose: NM FOR HEARING Next Hearing Date: 19-10-2019 Date: 19-10-2019 Business: Mr. Virendra, son of plaintiff present. Defendant present. Court is busy in dictating Judgment in Suit no. 3117/07 and 5926/07. Hence, Matter stands Adj for NM hearing to 06.11.2019. Next Purpose: NM FOR HEARING Next Hearing Date: 06-11-2019 Date: 06-11-2019 Business: Adv. Ghadigaonkar for plaintiff present. Wife of defendant present and his advocate absent. By consent, Matter stands Adj for NM hearing to 18.12.19. Next Purpose: NM FOR HEARING Next Hearing Date: 18-12-2019 Date: 18-12-2019 Business: Court is busy in dictating order in Suit no. 2925/15 and 2422/17. Hence, board discharged. Matter stands Adj for NM hearing to 04.02.2020. Next Purpose: NM FOR HEARING Next Hearing Date: 04-02-2020 Date: 04-02-2020 Business: Court is busy in dictating order in suit no. 380/18 and in 725/18. Hence, board is discharged. Matter stands Adj for hearing on NM to 21.02.2020. Next Purpose: NM FOR HEARING Next Hearing Date: 21-02-2020 Date: 21-02-2020 Business: Court is busy in dictating Order in suit no. 2434/17 and 9750/77. Hence, board is discharged. Matter stands Adj for NM hearing to 07.04.2020 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 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: NM FOR HEARING Next Hearing Date: 29-05-2020 Date: 29-05-2020 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: 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: 07-08-2020 Date: 07-08-2020 Reason For Adjournment: National Lock Down Next Purpose: NM FOR HEARING Next Hearing Date: 14-10-2020 Date: 14-10-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: NM FOR HEARING Next Hearing Date: 02-12-2020 Date: 02-12-2020 Business: None present for plaintiff and defendant. Matter stands Adj for NM hearing to 15.01.2021. Next Purpose: NM FOR HEARING Next Hearing Date: 15-01-2021 Date: 15-01-2021 Business: None present. The case is adjourned to 18.02.2021 for NM hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 18-02-2021 Date: 18-02-2021 Business: None for Plaintiff . Defendant no.1 present and seeks time. Time is granted as last opportunity. Advocate for defendant no.1 absent. The case is adjourned to 11.03.2021 for NM hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 11-03-2021 Date: 11-03-2021 Business: Court is on leave. Hence Board is discharged. Next Purpose: NM FOR HEARING Next Hearing Date: 05-04-2021 Date: 05-04-2021 Business: None present. The case is adjourned to 15.06.2021 for NM hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 15-06-2021 Date: 15-06-2021 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 FOR HEARING Next Hearing Date: 07-07-2021 Date: 07-07-2021 Business: Court is vacant Next Purpose: NM FOR HEARING Next Hearing Date: 28-07-2021 Date: 28-07-2021 Business: Court is vacant. Next Purpose: NM FOR HEARING Next Hearing Date: 09-09-2021 Date: 09-09-2021 Business: Matter called out at 03.17 p.m. None present for plaintiff. Wife of Deft. No. 2(a) present. She made a statement that the landlord succeeded in suit filed before Small Causes Court thereby the possession of Suit premises decreed in their favour. She filed photocopy of judgment and decree. The document is taken on record. Exh.6 Issue notice to the plaintiff through sheriff. Matter stands adjourned to 04.10.2021 for appearance. Next Purpose: NM FOR HEARING Next Hearing Date: 04-10-2021 Date: 04-10-2021 Business: Matter called out at 3.57 p.m. Adv. Hemant Ghadigaonkar for plaintiff present. He tendered reply to NM NO.1366 of 2019. TOR. Copy served to the other side. Defendant in person present. Defendant seeking time as she wanted to engage advocate. Time granted by way of last chance. Matter stands adjourned to 30.10.2021 for NM hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 30-10-2021 Date: 30-10-2021 Business: Matter called out at 3.49 p.m. None present for plaintiff. Adv. Ajit Hande for defendant present. kept back. Later on at 4.10 p.m. Adv. Ajit Hande for defendant present. Heard ld. Advocate for the defendant. Perused NM as well as reply. The defendant by way of NM No.1366/19 seeking addition of landlord as a party in the proceeding on the ground that by way of decree passed in RAE Suit No.177/292 of 2011, the suit property is handed over to the landlord. Plaintiff opposed the NM by filing reply. I have perused the NM as well as the reply. I am of the view, that present NM is not maintainable as the plaintiff is the dominous litus and defendant cannot seek addition of party. Hence, NM is dismissed. Matter stands adjourned to 29.11.2021 for admission denial. Nature Of Disposal: DISMISSED Disposal Date: 30-10-2021
Additional Case Details
Additional Case Details
Filing Number: 103762/2019 Filing Date: 28-03-2019 First Hearing Date: 30th April 2019 Decision Date: 30th October 2021 Court Number And Judge: 3-COURT 03 ADDL SESSIONS JUDGE
Orders
1Final Order 130 Oct 2021
30 Oct 2021
Order Details: Other Pdf Text: 30.10.2021 Sr. No. 25 SU 3789/08 @NM 1366/19 CORAM : H.H.J. SHRI.A.H.LADDHAD (C.R. 03) Matter called out at 3.49 p.m. None present for plaintiff. Adv. Ajit Hande for defendant present. kept back. Later on at 4.10 p.m. Adv. Ajit Hande for defendant present. Heard ld. Advocate for the defendant. Perused NM as well as reply. The defendant by way of NM No.1366/19 seeking addition of landlord as a party in the proceeding on the ground that by way of decree passed in RAE Suit No.177/292 of 2011, the suit property is handed over to the landlord. Plaintiff opposed the NM by filing reply. I have perused the NM as well as the reply. I am of the view, that present NM is not maintainable as the plaintiff is the dominous litus and defendant cannot seek addition of party. Hence, NM is dismissed. Matter stands adjourned to 29.11.2021 for admission denial. Judge -- 1 of 1 --
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