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NOTICE OF MOTION

Lachhmandas Kodumal Asrani and Ors.VsBhupendra K. Upadhyay

CNR MHCC0100436720194-COURT 04 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 16th November 2021

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
101614/2019
Registration Date
20 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: 30-04-2019
    Business: Adv for plaintiff Ms.Kavita Lalwani present
    Adv for all deft No. Mr.J.Joseph present
    Adv for church Mr.Mendonsa present
    Adv for plaintiff tendered registered N/M along with affidavit
    Heard argument of Adv for plaintiff and deft for ad-interim relief on N/M
    Matter is Adjd for Further Argument on N/M to 02/05/2019
    Next Purpose: ARGUMENT P.H.
    Next Hearing Date: 02-05-2019
    
    Date: 02-05-2019
    Business: Adv for plaintiff Ms.Kavita Lalwani present
    Adv for all deft No. Mr.J.Joseph present
    Adv for church Mr.Mendonsa present
    FRSR Following order is passed
    Defendant is hereby restrained from disposing his Tenancy Right in any manner or creating any third party interest in such Tenancy Right/Goodwill in Gala No.16 and 17 of Sant Savata Marg, Byculla (East), Mumbai 400 027 till final decision on the Notice of Motion No. 1614/2019.
    Matter is Adjd for Hearing on N/M with S/J to 05/07/2019.
    Next Purpose: HEARING
    Next Hearing Date: 05-07-2019
    
    Date: 05-07-2019
    Business: Adv.Joshi for defendant.
    None for plaintiff.
    Adv. Mendosa for applicant.
    Draft ch/s @ affidavit tendered by adv applicant.
    Leave is granted to registered.
    Copy is served on adv for defendant. copy be served to plaintiff.
    Writtten argument of defendant on SJ.
    Adjd for reply on Ch/s. to 21/8/2019.
    Reason For Adjournment: court time is over
    Next Purpose: REPLY
    Next Hearing Date: 21-08-2019
    
    Date: 21-08-2019
    Business: Matter called out (4.09pm)
    Intevenor/applicant filed original copy of C/S No.1516/19.
    Adv. for defendant present.
    Defendant seeking time filed reply. Time granted.
    Matter adj for reply on 13/09/19.
    Next Purpose: REPLY
    Next Hearing Date: 13-09-2019
    
    Date: 13-09-2019
    Business: Matter called out(3.57pm)
    Adv.Soham K for applicant present.
    Adv.Miss. Kavita Lalwani for plaintiff present.
    Adv.Jeffrey Joseph for defendant no.1 to 3 present filed reply on N/M No.1614/19. T.O.R.
    Copy serve to the plaintiff in court.
    Def.no.1 to 3 do not want to file reply to C/S No.1516/19.
    The applicant intervenor supplied copy of C/S No.1516/19 to the plaintiff.
    Plaintiff seeking time to file reply. Time granted.
    Plaintiff is directed to serve the intervenor in advance so that on next date C/S alongwith the other application can be heard.
    Hence matter adj for reply of C/S No.1516/19 on 18/10/19.
    Next Purpose: REPLY
    Next Hearing Date: 18-10-2019
    
    Date: 18-10-2019
    Business: PO IS ON LEAVE(SECOND HALF)
    Matter is adj to 19/12/19 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 19-12-2019
    
    Date: 19-12-2019
    Business: Matter is called out at 3.22pm
    Adv.G.Mendonea for intervenor/applicant in C/S present.
    Adv.Kavita Lalwani for plaintiff present filed rejoinder to N/M No.1614/19.T.O.R
    Matter is adj to 03/02/2020 for N/M hearing.
    Later on 3.53pm
    Adv.Jeffery Joseph for defendant present.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-02-2020
    
    Date: 03-02-2020
    Business: Matter is called out at 3.48pm
    Adv.G.Mendonca for Intervenor/Applicant present.
    Adv.Rajpurohit i/b Amogh K. for plaintiff present.
    Adv.Jeffrey Joseph for defendant present.
    Court is busy in final argument in Suit No.7617/1997.
    Hence, matter is adj to 09/03/2020 for N/M hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-03-2020
    
    Date: 09-03-2020
    Business: Court is busy dictation in Suit No.9718/90
    Adv.G.Mendonca for applicant present.
    Plaintiff in person present.
    Adv.Miss.Kavita Lalwani for plaintiff present.
    Defendant and his advocate absent.
    Matter is adj to 22/04/2020 for N/M hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-04-2020
    
    Date: 22-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-05-2020
    
    Date: 13-05-2020
    Business: Covid-19
    Lockdown from 23-03-2020
    Matter adj. to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-06-2020
    
    Date: 02-06-2020
    Business: Case is adjd in view of declaration of Novel Corona Virus (COVID 19)
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-06-2020
    
    Date: 19-06-2020
    Business: Case is adjd. in view of declaration of Noval Corona Virus (COVID  -19).
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-09-2020
    
    Date: 10-09-2020
    Business: Case is adjd. in view of declaration of Noval Corona Virus (COVID -19).
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-12-2020
    
    Date: 04-12-2020
    Business: Pursuant to office order No. 166/2020 dtd. 27.11.2020 of Hon''ble Principal Judge City Civil and Sessions Court, Greater Bombay in view of standard operating procedure (SOP) dtd. 27.11.2020 of Hon''ble Bombay High Court, after taking into account the present situation of COVID-19 pandemic, the matter is adjourned owing to absence of the parties.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-02-2021
    
    Date: 04-12-2020
    Business: Pursuant to office order No. 166/2020 dtd. 27.11.2020 of Hon''ble Principal Judge City Civil and Sessions Court, Greater Bombay in view of standard operating procedure (SOP) dtd. 27.11.2020 of Hon''ble Bombay High Court, after taking into account the present situation of COVID-19 pandemic, the matter is adjourned owing to absence of the parties.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-02-2021
    
    Date: 04-12-2020
    Business: Pursuant to office order No. 166/2020 dtd. 27.11.2020 of Hon''ble Principal Judge City Civil and Sessions Court, Greater Bombay in view of standard operating procedure (SOP) dtd. 27.11.2020 of Hon''ble Bombay High Court, after taking into account the present situation of COVID-19 pandemic, the matter is adjourned owing to absence of the parties.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-02-2021
    
    Date: 04-12-2020
    Business: Pursuant to office order No. 166/2020 dtd. 27.11.2020 of Hon''ble Principal Judge City Civil and Sessions Court, Greater Bombay in view of standard operating procedure (SOP) dtd. 27.11.2020 of Hon''ble Bombay High Court, after taking into account the present situation of COVID-19 pandemic, the matter is adjourned owing to absence of the parties.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-02-2021
    
    Date: 25-02-2021
    Business: None for plaintiff.
    Adv. Jeffery Joseph for defendant present.
    On oral request of Ld. Adv. for defendant adjournment granted.
    Adjd to 06.05.2021 for NM hearing.
    L.o. at 3.00 p.m. Adv. Mendonca for applicant present.
    Adjd to 06.05.2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-05-2021
    
    Date: 06-05-2021
    Business: In view of office order No. 81/2021 dtd. 17.04.2021  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 exponential surge in COVID-19 cases and the views of stakeholders, the matter is adjourned
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-07-2021
    
    Date: 06-05-2021
    Business: In view of office order No. 81/2021 dtd. 17.04.2021  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 exponential surge in COVID-19 cases and the views of stakeholders, the matter is adjourned
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-07-2021
    
    Date: 06-05-2021
    Business: In view of office order No. 81/2021 dtd. 17.04.2021  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 exponential surge in COVID-19 cases and the views of stakeholders, the matter is adjourned
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-07-2021
    
    Date: 06-05-2021
    Business: In view of office order No. 81/2021 dtd. 17.04.2021  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 exponential surge in COVID-19 cases and the views of stakeholders, the matter is adjourned
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-07-2021
    
    Date: 30-07-2021
    Business: Adv.Kavita Lalwani for plff present.
    None for deft.
    Due to COVID-19 pandemic, matter is adjourned.
    Adjd to.24.09.2021 for nm. hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-09-2021
    
    Date: 30-07-2021
    Business: Adv.Kavita Lalwani for plff present.
    None for deft.
    Due to COVID-19 pandemic, matter is adjourned.
    Adjd to.24.09.2021 for nm. hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-09-2021
    
    Date: 30-07-2021
    Business: Adv.Kavita Lalwani for plff present.
    None for deft.
    Due to COVID-19 pandemic, matter is adjourned.
    Adjd to.24.09.2021 for nm. hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-09-2021
    
    Date: 30-07-2021
    Business: Adv.Kavita Lalwani for plff present.
    None for deft.
    Due to COVID-19 pandemic, matter is adjourned.
    Adjd to.24.09.2021 for nm. hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-09-2021
    
    Date: 24-09-2021
    Business: Adv. Kavita Lalwani for plaintiff present.
    Adv. For applicant in chamber summons present.
    Adv. Siddhant Sinha h/f Adv. Joseph For defendant present.
    Adv. For applicant stated that he has to go to small causes court therefore will not be able to argue Chamber summons
    Adjourned granted as last chance. Incase applicant fails to argue Ch/s on next date the Chamber summons will be decided without argument of applicant.
    Adv. For defendant stated that his senior is not going to come as held up on other case.
    Defendant to argue on next date failing which NM and Ch/s will be decided without his arguments.
    Adjd for Notice of motion/chamber summons argument to 05/10/2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-10-2021
    
    Date: 05-10-2021
    Business: Adv. Kavita Lalwani for plaintiff present.
    Adv. For applicant in chamber summons present.
    Defendant in person present.
    Adjd for NM hearing to 15/11/2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-11-2021
    
    Date: 15-11-2021
    Business: Adv. For plff. Present.
    None for deft.
    The application filed by plff to withdraw the suit .TOR. And marked as Exh.10.
    Adv.for plff sated that plff no. 1 expired. The Death certificate is not filed. Plff  no 2 to file death certificate of plff no.1.
    Adjd for compliance to. 16.11.2021.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 16-11-2021
    
    Date: 15-11-2021
    Business: Adv. For plff. Present.
    None for deft.
    The application filed by plff to withdraw the suit .TOR. And marked as Exh.10.
    Adv.for plff sated that plff no. 1 expired. The Death certificate is not filed. Plff  no 2 to file death certificate of plff no.1.
    Adjd for compliance to. 16.11.2021.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 16-11-2021
    
    Date: 15-11-2021
    Business: Adv. For plff. Present.
    None for deft.
    The application filed by plff to withdraw the suit .TOR. And marked as Exh.10.
    Adv.for plff sated that plff no. 1 expired. The Death certificate is not filed. Plff  no 2 to file death certificate of plff no.1.
    Adjd for compliance to. 16.11.2021.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 16-11-2021
    
    Date: 15-11-2021
    Business: Adv. For plff. Present.
    None for deft.
    The application filed by plff to withdraw the suit .TOR. And marked as Exh.10.
    Adv.for plff sated that plff no. 1 expired. The Death certificate is not filed. Plff  no 2 to file death certificate of plff no.1.
    Adjd for compliance to. 16.11.2021.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 16-11-2021
    
    Date: 16-11-2021
    Business: Dt.16/11/2021
    Summary 1032/18
    IN THE COURT OF H.H.J. SMT. S. S. NAGUR JUDGE CITY CIVIL COURT C.R. NO. 04
    Plaintiff present.
    Adv. For plaintiff present
    Exh.11 Pursis filed by adv. of  plaintiff  stating that plff. no. 1 expired and filed death certificate of plff. no. 1.
    O- Taken on record and filed.
    Adv.  Jeffery Joseph for defendant present at 4.15 p.m.
    Order below Exh. 10
    the application is filed by plff. no. 2 stating that the dispute is settled. Hence to withdraw the suit. Today the plff. Has filed pursis stating that plaintiff no. 1 expired. The death certificate shows that plaintiff no. 1 expired on 17.09.2020. As the dispute is settled between the parties allowed to withdraw the suit. Order below Exhibit 1.
    The plaintiff No. 2 filed application at Exhibit 10 to withdraw the suit. Vide pursis Exhibit 11 the plaintiff has filed the Death Certificate of the plaintiff No. 1. The dispute is settled between the parties, hence allowed to withdraw the suit. The suit is disposed of as withdrawn. The plaintiff is entitled for refund of Court Fee as per rule.
    Order passed in Chamber Summons No. 1516 of 2019
    The suit is withdrawn by the plaintiff. Hence Chamber Summons is disposed of.
    Order below S/J No. 379 of 2018
    The suit is withdrawn by the plaintiff. Hence Summons for Judgment is disposed of.
    Order in Notice of Motion No. 1614 of 2019
    The suit is withdrawn by the plaintiff. Hence Notice of Motion is disposed of.
    Nature Of Disposal: WITHDRAWL
    Disposal Date: 16-11-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 104831/2019
    Filing Date: 20-04-2019
    First Hearing Date: 30th April 2019
    Decision Date: 16th November 2021
    Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE

    Orders

    3
    Final Order 2Full order available
    16 Nov 2021

    Order Details: Notice of Motion Pdf Text: IN THE COURT OF :COURT 04 ADDL SESSIONS JUDGE Case No. :NOTICE OF MOTION/0101614/2019 Lachhmandas Kodumal Asrani and Ors. Vs Bhupendra K. Upadhyay Date : 16-11-2021 Business : Dt.16/11/2021 Summary 1032/18 IN THE COURT OF H.H.J. SMT. S. S. NAGUR JUDGE CITY CIVIL COURT C.R. NO. 04 Plaintiff present. Adv. For plaintiff present Exh.11 Pursis filed by adv. of plaintiff stating that plff. no. 1 expired and filed death certificate of plff. no.…

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    Interim Order 1Full order available
    02 May 2019

    Order Details: Notice of Motion Pdf Text: :1: N.M. No.1614/2019 in Sum. Suit No.1032/2018 IN THE BOMBAY CITY CIVIL COURT AT MUMBAI NOTICE OF MOTION NO. 1614 OF 2019 CNR NO.:MHCC010043672019 IN SUMMARY SUIT NO. 1032 OF 2018 Lachhmandas Kodumal Asrani and another ...Plaintiff Versus Bhupendra K. Upadhyay and others ...Defendants Appearances: Advocate Ms. Kavita S. Lalwani for the plaintiff. Advocate J. Joseph for defendants. CORAM : HER HONOUR JUDGE S.P. AGARWAL (C.R.NO.28) DATED : 2nd MAY, 2019. ORAL ORDER…

    Read Full Order
    Order 1Full order available
    02 May 2019

    Order Details: Notice of Motion Pdf Text: :1: N.M. No.1614/2019 in Sum. Suit No.1032/2018 IN THE BOMBAY CITY CIVIL COURT AT MUMBAI NOTICE OF MOTION NO. 1614 OF 2019 CNR NO.:MHCC010043672019 IN SUMMARY SUIT NO. 1032 OF 2018 Lachhmandas Kodumal Asrani and another ...Plaintiff Versus Bhupendra K. Upadhyay and others ...Defendants Appearances: Advocate Ms. Kavita S. Lalwani for the plaintiff. Advocate J. Joseph for defendants. CORAM : HER HONOUR JUDGE S.P. AGARWAL (C.R.NO.28) DATED : 2nd MAY, 2019. ORAL ORDER…

    Read Full Order

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