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NOTICE OF MOTION

Vispi Bomi GandeviaVsPyare Shivpuri

CNR MHCC0100460720193-COURT 03 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHER
Decision Date: 07th September 2021

TrustJury record updated 20 Sept 2026

Case Overview

Registration Number
101679/2019
Registration Date
25 Apr 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Respondent

    1. 1Pyare Shivpuri

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 20-07-2019
    Business: Adv. Rupesh Kelala h/f Adv. Yadav for plaintiff present and filed original NM no.1679/19 along with affidavit.
    None for Defendant present.
    Matter stands Adj for reply to NM on 07.09.19.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 07-09-2019
    
    Date: 07-09-2019
    Business: the court is on leave
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 19-09-2019
    
    Date: 19-09-2019
    Business: None present for plaintiff and defendant.
    Reply to NM not filed.
    Matter stands Adj for reply and hearing on NM to 14.11.19.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 14-11-2019
    
    Date: 14-11-2019
    Business: None present for plaintiff and defendant.
    Matter stands Adj for reply to NM on 13.01.20.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 13-01-2020
    
    Date: 13-01-2020
    Business: Plaintiff present his advocate absent.
    None for deft.
    Interim order to the already passed on 16.04.2019. Deft has not filed reply to NM. Deft despite of giving chance, hence NM to proceed without reply.
    Matter stands Adj for NM Hearing to 30.01.2020.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 30-01-2020
    
    Date: 13-01-2020
    Business: Plaintiff present his advocate absent.
    None for deft.
    Interim order to the already passed on 16.04.2019. Deft has not filed reply to NM. Deft despite of giving chance, hence NM to proceed without reply.
    Matter stands Adj for NM Hearing to 30.01.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-01-2020
    
    Date: 30-01-2020
    Business: Court is busy in dictating Judgment in Commercial suit no. 49/20 and 23/20. Hence, board is discharged.
    Matter stands Adj for hearing on NM to 29.02.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-02-2020
    
    Date: 29-02-2020
    Business: The court is on leave
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-04-2020
    
    Date: 01-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-04-2020
    
    Date: 16-04-2020
    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: 05-05-2020
    
    Date: 05-05-2020
    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: 27-05-2020
    
    Date: 27-05-2020
    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: 12-06-2020
    
    Date: 12-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-09-2020
    
    Date: 16-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-12-2020
    
    Date: 03-12-2020
    Business: None present for plaintiff and Defendant
    Matter stands Adj for NM for hearing to 01.02.2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-02-2021
    
    Date: 01-02-2021
    Business: None present.
    Plaintiff shall serve writ of summons on defendant.
    The case is adjourned to 22.03.2021 for writ summons.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-03-2021
    
    Date: 22-03-2021
    Business: As Court is busy in hearing NM in SU NO.4971/19,2339/17, 7603/89, 134/19, dictating orders in SU No. 677/16, MA 42/19 and also in other matters on board. The case is adjourned.
    The case is adjourned to 03.05.2021 for writ of summons.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-05-2021
    
    Date: 03-05-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-07-2021
    
    Date: 17-07-2021
    Business: Court is vacant
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-09-2021
    
    Date: 07-09-2021
    Business: Matter called out at 02.49 p.m.
    Adv. M. V. Jadhav for plaintiff present.
    None present for defendant.
    Later on at 2.59 p.m.
    Adv. M. V. Jadhav for plaintiff present.
    Heard Ld. Advocate for plaintiff.  He filed instant NM No. 1679 of 2019 seeking injunction order against defendant.  It appears from the record that although defendant appeared but did not file reply hence, Motion proceeded without his reply.
    I have perused assignment deed dated 21.03.2018, by which plaintiff got possession.  On 16.04.2019, my predecessor granted ad-interim order. Therefore, in view of aforesaid fact the present motion made absolute in terms of prayer clause (a). Notice of motion disposed of accordingly.
    Parties to bear their own cost.
    Issue fresh writ of summons.
    Matter stands adjourned to 07.12.2021 for writ of summons.
    Nature Of Disposal: OTHER
    Disposal Date: 07-09-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 105089/2019
    Filing Date: 25-04-2019
    First Hearing Date: 20th July 2019
    Decision Date: 07th September 2021
    Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    07 Sept 2021
    Order Details: Other
    Pdf Text: 07.09.2021
    Sr. No. 27
    SU 943/19
    @NM 1679/19
    CORAM :- H.H.J. SHRI.A.H.LADDHAD (C.R. 03)
    Matter called out at 02.49 p.m.
    Adv. M. V. Jadhav for plaintiff present.
    None present for defendant.
    Later on at 2.59 p.m.
    Adv. M. V. Jadhav for plaintiff present.
    Heard Ld. Advocate for plaintiff. He filed instant NM No. 1679 of 2019
    seeking injunction order against defendant. It appears from the record
    that although defendant appeared but did not file reply hence, Motion
    proceeded without his reply.
    I have perused assignment deed dated 21.03.2018, by which plaintiff got
    possession. On 16.04.2019, my predecessor granted ad-interim order.
    Therefore, in view of aforesaid fact the present motion made absolute in
    terms of prayer clause (a). Notice of motion disposed of
    accordingly.
    Parties to bear their own cost.
    Issue fresh writ of summons.
    Matter stands adjourned to 07.12.2021 for writ of summons.
    Judge
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