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NOTICE OF MOTION

Shravan L. JoshiVsSmt Chandrakant L. Joshi and Ors.

CNR MHCC0100366120191-COURT 01 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 08th December 2021

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
101421/2019
Registration Date
01 Apr 2019

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: 08-04-2019
Business: Adv Mr. Mira Chandani for Plaintiff present.
Adv. Mr.Punit Desai for Defendants 7a and 7b present and tendered original NM No. 1421/2019.
Adv.Lakhan  for defendant no. 2,3 and 5 present.
Plaintiff\''s adv. sought time to file reply on NM.
By consent, case is adjourned to 25.04.2019 for reply on NM.
Earlier order to continue till next date.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 25-04-2019

Date: 25-04-2019
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 23-09-2019

Date: 23-09-2019
Business: Plaintiff present.
Adv. Minal Chandani for plaintiff present.
Adv. Shrutika Lakhan for defendant nos. 2, 3, 5 and 6 present.
Adv. Desai for defendant nos.  7(a) and 7(b) present.
Heard counsel for defendant nos.  2, 3, 5 and 6 on their application for framing preliminary issue.  Partly heard plaintiff on the said application.  Adjourned for further hearing on the said application and all the pending motions to 22.10.2019.  Earlier order if any to continue till next date.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 22-10-2019

Date: 22-10-2019
Business: C. A. of plaintiff present.
Adv. Desai for defendant nos. 7(a) and 7(b) present.
Adv. Shrutika Lakhan for defendant nos. 2, 3, 5 and 6 present.
The Ld. counsel for the defendant nos. 2, 3, 5 and 6 seeks time for hearing on preliminary issue, hearing on notice of motions and chamber summons.
Earlier order if any to continue till next date.
Adjourned for further hearing on the application for framing preliminary issue and all the pending motions and chamber summons to 9.12.2019.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 09-12-2019

Date: 09-12-2019
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 11-02-2020

Date: 11-02-2020
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 11-03-2020

Date: 11-03-2020
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-03-2020

Date: 19-03-2020
Business: Matter is called at 12.05 pm
Adv. Chandani for plaintiff present
Adv.Chandani filed vak. On behalf of plaintiff nos.1(a) to 1(d).
Vak. Filed and marked as \''Ex.13\''.
In view of the advisory and guidelines issued by Hon\''ble High Court related to Corona virus, matter is adjourned to 24/04/2020 at 2.45 pm for hearing of notice of motion and Preliminary issue.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-04-2020

Date: 24-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-05-2020

Date: 15-05-2020
Business: As per office order no.77/2020 dated 43.5.2020 and due to lock-down, matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-06-2020

Date: 04-06-2020
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: NM FOR HEARING
Next Hearing Date: 22-06-2020

Date: 22-06-2020
Business: Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-10-2020

Date: 21-10-2020
Business: Both the parties are absent. Due to Covid-19, the matter is adjourned to 05.12.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-12-2020

Date: 05-12-2020
Business: None present.
The matter is adjd for N/M hearing to 14.01.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-01-2021

Date: 14-01-2021
Business: Plaintiff no.1(d) present.
Adv. Lakhan for deft. nos.2, 3, 4 and 5 present.
The matter is adjd for hearing on application for framing of preliminary issue to 08.02.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-02-2021

Date: 08-02-2021
Business: Plaintiff no.1(d) present.
Adv. Lakhan for deft. nos.2, 3, 5 and 6 present.
Heard plaintiff no.1(d) and counsel for deft. nos.2, 3, 5 and 6.
The application dated 03.07.2014 was not marked as exhibit.  For the convenience purpose, the application dated 03.07.2014 is marked as Exh.13.  The reply dated 10.07.2014 was also not marked as exhibit.  For the convenience purpose, the reply dated 10.07.2014 is marked as Exh.13-A.
The matter is adjd for order on Exh.13 to 25.02.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-02-2021

Date: 25-02-2021
Business: Plaintiff no.1(d) present.
None for deft.
The matter is adjd for order to 01.03.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-03-2021

Date: 01-03-2021
Business: Plff no.1b present. Adv Minal Chandani for plff present.
Adv Lakhan for deft no.2,3, 5 and 6 present.
Court is busy in hearing. Adjourned for order on Exh.13.
The matter is adjd for order on Exh.13 to 2/03/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-03-2021

Date: 02-03-2021
Business: Plaintiff no.1(d) present.
Adv. Lakhan for deft. nos.2, 3, 5 and 6 present.
F.R.S.R. following order is passed -
ORDER
1.   The application (Exh.13) stands rejected.
The matter is adjd for N/M hearing to 05.04.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-04-2021

Date: 05-04-2021
Business: In view of the office order no.63/21 dated 25.03.2021, only moderate numbers of matters are kept on board. This matter is not in the same list hence, adjd for N/M hearing to 18.06.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-06-2021

Date: 18-06-2021
Business: In view of office order no.106/2021 dated 14.06.2021, the matter not being urgent, is adjourned to 03/08/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-08-2021

Date: 03-08-2021
Business: Adv. Motwani for plaintiff is present.
None for defendant.
On oral request of Adv.for plaintiff matter adjourned for NM hearing.
Matter adjd for NM hearing on  03.09.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-09-2021

Date: 03-09-2021
Business: None present for plff.
Adv. Shrutika Lakhan for deft nos. 2,3,5 and 6 is present.
Plff no.1d is present.
On oral request matter adjourned for NM and CH/S hearing on 03.12.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-12-2021

Date: 03-12-2021
Business: Pltff no 1(a) and 1(b) are present.
Adv. Gandhi for deft no. 2, 3, 5 and 6 are present.
Adv. Aparna Pareera for respondent no. 3 present and filed VP.  TOR.  Marked as Exh. 13
Adv. K. P. Shah for applicant present and filed registered CS  No. 1762/21
Deft no. 2, 3, 5 and 6 filed registered NM No. 3037/21.
It is submitted by pltff that his advocate is busy in Dindoshi Court.  On oral request of adv for pltff matter is adjourned.  Pltff to serve copy of reply in advance to the other side.
Matter is adjd to 08/12/2021 for Reply of NM.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-12-2021

Date: 08-12-2021
Business: Pltff 1(a) and 1(d) present.
Adv. Linal Chandani for pltff present.
Adv. Arpana Parera for deft no. 4 present.
Adv. Gandhi for deft nos. 2, 3, 5 and 6 present.
Adv. J. K. Shah for applicants present.
Deft no. 2, 3, 5 and 6 filed reply to CS.
Pltff filed reply to CS.
Deft no. 4 also filed reply.
Order below NM No. 1421/19
Perused the NM which is supported by an affidavit.  Also perused the reply on affidavit.  Heard.  The main suit is for partition.  Parties are governed by Hindu Law.  Initially the suit was before Hon\''ble Bombay High Court.  Later on after change in jurisdiction it was transferred to this Court.  Applicants of this NM were joined as party defendant as per order dt. 19/12/2016.  Considering the contents of para no. 6 to 9 of the affidavit in support, and to give an opportunity to the defendants in my opinion for proper adjudication of the case, defendants no 7(a) and 7(b) can be permitted to file written statement on record.  In the interest of justice I passed the following order.
Order-
NM No. 1421/19 is allowed and made absolute in terms of prayer clause (a) and (b) subject to condition that defendants no. 7(a) and 7(b) shall file reply on record.  Accordingly NM No. 1421/19 is allowed and disposed of.
Adv. Ms. Linal Chandani has made a statement at bar that pltff do not intends to lead any evidence for contempt motion No. 4324/18 and 3013/15.  Adv for the pltff sought time to file reply to NM No. 3037/21.  Pltff to serve a fresh upon the proposed deft. the copy of CS No. 2083/21.
Considering over all submissions the matter is now kept for NM and CS hearings.
Matter is adjd to 13/12/2021 for Hearing.
Nature Of Disposal: ALLOWED
Disposal Date: 08-12-2021

Additional Case Details

Additional Case Details
Filing Number: 103989/2019
Filing Date: 01-04-2019
First Hearing Date: 08th April 2019
Decision Date: 08th December 2021
Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE

Orders

1
Final Order 1Full order available
08 Dec 2021

Order Details: Notice of Motion Pdf Text: 20 08.12.2021 SU 1969/13 @ CS 1762/21 @ NM 4324/18 @ NM 3037/21 @ NM 4325/18 @ CS 2083/18 @ NM 3013/15 @ NM 1421/19 CORAM : HHJ KISHORE M. JAISWAL, JUDGE, CITY CIVIL COURT,GR.MUMBAI (C.R.NO.1) Pltff 1(a) and 1(d) present. Adv. Linal Chandani for pltff present. Adv. Arpana Parera for deft no. 4 present. Adv. Gandhi for deft nos. 2, 3, 5 and 6 present. Adv. J. K. Shah for applicants present.…

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