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NOTICE OF MOTION

Anuj Kirti Shah and Ors.VsKirti Mohanlal Shah and Anr.

CNR MHCC01003979201962-COURT 62 AD-HOC ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 12th October 2021

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
101502/2019
Registration Date
09 Apr 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: 11-04-2019
    Reason For Adjournment: court time is over
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 23-04-2019
    
    Date: 23-04-2019
    Reason For Adjournment: court time is over
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 12-06-2019
    
    Date: 12-06-2019
    Reason For Adjournment: court time is over
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 23-07-2019
    
    Date: 23-07-2019
    Business: Court is busy in hearing NM in suit no.599/18 and court has to hear NM in suit no.627/13 and other matter, hence case is adjourned to 19/08/2019.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 19-08-2019
    
    Date: 19-08-2019
    Business: Advocate Sarthak Shah for Plaintiff filed reply to Written Statement, t.o.r.
    Court is busy in hearing and dictating order on Notice of Motion no.2080/19 in suit no.7386/06 and at the time of dictating order on Notice of Motion no.2080/19, electricity supply has disconnected, hence remaining board of second session is discharged and case is adjourned to 18/10/2019.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 18-10-2019
    
    Date: 18-10-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-12-2019
    
    Date: 11-12-2019
    Business: Advocate for Plaintiff present
    Advocate for Defendant present
    Case is adjourned to 09/01/2020 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-01-2020
    
    Date: 09-01-2020
    Business: None present for Plaintiff.
    None present for Defendant.
    Case is adjourned to 27/03/2020 for NM for hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-03-2020
    
    Date: 27-03-2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-04-2020
    
    Date: 27-03-2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-04-2020
    
    Date: 08-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-04-2020
    
    Date: 08-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-04-2020
    
    Date: 20-04-2020
    Business: National Lock down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-05-2020
    
    Date: 20-04-2020
    Business: National Lock down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-05-2020
    
    Date: 30-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-06-2020
    
    Date: 30-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-06-2020
    
    Date: 17-06-2020
    Business: Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 12/08/2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-08-2020
    
    Date: 17-06-2020
    Business: Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 12/08/2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-08-2020
    
    Date: 12-08-2020
    Business: As holiday hence adjourned tomorrow.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-08-2020
    
    Date: 12-08-2020
    Business: As holiday hence adjourned tomorrow.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-08-2020
    
    Date: 13-08-2020
    Business: Due to corona pandemic and lockdown
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-10-2020
    
    Date: 13-08-2020
    Business: Due to corona pandemic and lockdown
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-10-2020
    
    Date: 15-10-2020
    Business: None present for plaintiff.
    None present for defendant.
    Due to Corona Pandemic it seems that parties are absent, hence case is adjd. To 16/01/2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-01-2021
    
    Date: 15-10-2020
    Business: None present for plaintiff.
    None present for defendant.
    Due to Corona Pandemic it seems that parties are absent, hence case is adjd. To 16/01/2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-01-2021
    
    Date: 16-01-2021
    Business: Adv Ms. Dhruti Chheda H/f Adv Mr. Yashpal Jain for plff present and submitted that connected suit between the same parties is pending in this Court itself on 27.01.2021.
    Nobody is present for the defts. Matter is adjd. for NM hearing to 27.01.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-01-2021
    
    Date: 27-01-2021
    Business: Adv Mr. Yaspal Jain present for deft.
    Adv Ms. Shweta Shah  present for plff and seeks adjournment by submitting that her senior advocate is unable to attend this Corut today.
    On request of advocate for plff, by consent, matter is adjd. for NM hearing to 05.02.2021.at 12.00 pm.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-02-2021
    
    Date: 05-02-2021
    Business: Counsel Shailesh Reddekar a/w Adv Sarthak Shah for plff. present.
    Adv Mr.Yashpal Jain for deft. present.
    By consent, adjourned with connected Suit No.1972/2018 for NM hearing.
    Adjd. for argument to 16.02.2021 at 12.00 noon.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 16-02-2021
    
    Date: 16-02-2021
    Business: Counsel Shailesh Reddekar a/w Sarthak Shah for plff present.
    Adv Mr. Yashpal Jain for deft present.
    By consent, matter is adjd. for further argument in NM to 05.03.2021 at  12.30 p.m.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 05-03-2021
    
    Date: 05-03-2021
    Business: Court is on half day leave. (Morning Session.)
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 31-03-2021
    
    Date: 31-03-2021
    Business: Adv. Shweta Shah h/f Sarthak Shah and associates for plff present.
    None present for the deft.
    Matter was ordered to be taken up at 12.30noon for further argument in NM. Despite keeping back the matter till 1.00p.m, nobody appeared for the deft, hence, considering the present pandemic condition, matter adjourned at same stage till next date.
    Matter adjd for further arguments in NM on 16.04.2021 at 12.30p.m.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 16-04-2021
    
    Date: 16-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 14-07-2021
    
    Date: 14-07-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 26-07-2021
    
    Date: 14-07-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 26-07-2021
    
    Date: 26-07-2021
    Business: None present for the plff.
    Adv Mr. Siddhesh Bhole for deft Nos.1 and 2 present.
    K.B.
    K.B.
    L.O.at 12.20 p.m.
    Adv Mr. Siddhesh Bhole for deft nos. 1 and 2 present.
    None appeared for the plff despite keeping back the matter till 12.20 p.m. hence,matter is adjourned with connected Suit No.1972/18.
    Matter adjd. for NM hearing on 03.08.2021 at 12 noon.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-08-2021
    
    Date: 03-08-2021
    Business: Adv Mr. Redekar along with Adv Mr.Sarthak for plff present.
    Adv. Mr. Bhole for deft Nos.1 and 2 present and filed V.P. of SSB Legal and Advisory on behalf of deft at Exh.4 along with NOC of previous advocate
    Matter is adjd. for NM hearing with connected suit No.1972/2018 to 09.08.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-08-2021
    
    Date: 09-08-2021
    Business: Adv. Mr. Bhole for plaintiffs present.
    Adv. Mr. Redekar along with Adv Mr.Sarthak for defts present.
    This matter is adjourned with connected Suit No.1972/2018 for NM hearing to 17.08.2021 at 12 noon.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-08-2021
    
    Date: 17-08-2021
    Business: Adv. Mr. Redekar  for plff. present.
    Adv. Mr. Bhole for deft. present.
    This matter is adjourned with connected suit No.1972/2018
    Matter is adjd. for Nm hearing to 18.08.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-08-2021
    
    Date: 18-08-2021
    Business: Adv. Mr. Redekar  for plff. present.
    Adv. Mr. Bhole for deft. present.
    This matter is adjourned with connected suit No.1972/2018
    Matter is adjd. for NM hearing to 25.08.2021 at 12.30 p.m.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-08-2021
    
    Date: 25-08-2021
    Business: Court is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-09-2021
    
    Date: 25-08-2021
    Business: Court is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-09-2021
    
    Date: 01-09-2021
    Business: Adv Mr. Reddekar for plff present.
    Adv Mr. Bhole for deft present.
    Heard argument partly of adv. for present plff in NM in connected suit No.1972/2018 between the same parties hence, this matter is adjourned for NM hearing with said connected suit to 07.09.2021 at 12.30 p.m.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-09-2021
    
    Date: 07-09-2021
    Business: Adv Mr. Darsh Dharod h/f Adv Mr. Redekar for plff present.
    Adv Mr. Moin Chattariwal for deft present.
    This Suit is adjourned with connected suit No.1972/18 for NM hearing to18.09.2021 at 3.15 p.m.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-09-2021
    
    Date: 18-09-2021
    Business: Plff No.1 present with Adv Mr. Redekar for plffs.
    Deft. No.1 present with Adv Mr. Bhole for defts.
    Advocates for both parties have adopted their respective arguments advanced in N.M.No.3247/2018 as their arguments in N.M.No.1502/2019 pending in the present matter. They submitted that if required, they will make further submissions in N.M.No.1502/2019 on next date.
    This Suit is adjourned with connected suit No.1972/18 for further NM hearing to  23.09.2021 at 3.15 p.m.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-09-2021
    
    Date: 23-09-2021
    Business: Adv. Yashpal Jain for plaintiff present.
    Adv. Shailesh Redekar a/w. Sarthak Shah for defendant present.
    Heard further arguments from both the sides.
    Advocate for the plaintiff submitted that settlement is not possible. He submitted that he will file compilation of case laws relied upon by him. Liberty is granted to both the sides to file compilation of the case laws relied upon by them during arguments in NM No.3247 of 2018 in the present suit and NM No.1502 of 2019 in SU No.714 of 2019.
    Matter adjourned for filing compilation of case laws to 30.09.2021 at 1.00 p.m.
    Judge
    Next Purpose: CIATATION
    Next Hearing Date: 30-09-2021
    
    Date: 30-09-2021
    Business: Adv Mr. Redekar for plff present.
    Adv Mr.Nikhil h/f Adv Mr. Bhole for defts present and filed authorities with list which are relied upon by advocates for both parties during their respective arguments in the NM No.3247/2018 in connected suit No.1972/2018.
    Both ld. Advocates have relied on the same authorities in the N.M.No.1502/2019.
    Matter is adjd. for NM order to 08.10.2021.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 08-10-2021
    
    Date: 08-10-2021
    Business: Adv. for plaintiff present.
    Adv. for defendants present.
    Court is busy in other matters, hence, for want of time, this matter is adjd. for NM order to 12/10/2021.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 12-10-2021
    
    Date: 12-10-2021
    Business: Mr. Darsh h/f Adv Mr. Sarthak Shah for plffs present.
    Adv Mr. Moiuddin for defts present.
    F.R.S.R. following order is passed in N.M.No.1502/2019
                    ORDER
    Notice of Motion No.1502 of 2019 is dismissed.
                          ----
    Matter is adjd. for draft issues to 17.11.2021.
    Nature Of Disposal: DISMISSED
    Disposal Date: 12-10-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 104359/2019
    Filing Date: 09-04-2019
    First Hearing Date: 11th April 2019
    Decision Date: 12th October 2021
    Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    12 Oct 2021

    Order Details: Notice of Motion Pdf Text: 1 NM No.1502-19 in SU 714-19 IN THE CITY CIVIL COURT AT MUMBAI. NOTICE OF MOTION NO.1502 OF 2019 (CNR No.MHCC01-003979-2019) IN SUIT NO.714 OF 2019. (CNR No.MHCC01-001821-2019) Anuj Kirti Shah and Ors. }...PLAINTIFFS. Versus Kirti Mohanlal Shah and Anr. }...DEFENDANTS. ------------------------------------------------------------------------------------------------ Shri.Redekar, learned advocate for the plaintiffs. Shri.Bhole, learned advocate for the defendants. ------------------------------------------------------------------------------------------------ CORAM : HIS HONOUR JUDGE SHRI.P.P.RAJVAIDYA (C.R.NO.62) ----------------------------------------------------------------------------------------- O R A L O R D E R (Delivered…

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