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NOTICE OF MOTION

Mrs. Sangeeta Shankar UnavaneVsM/s. M. K. Builders and Developers +1 more

CNR MHCC0100471620198-COURT 08 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 20th April 2023

TrustJury record updated 20 Sept 2026

Case Overview

Registration Number
101715/2019
Registration Date
30 Apr 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 03-05-2019
    Business: Adjd
    Next Purpose: NM  ORDERS
    Next Hearing Date: 04-05-2019
    
    Date: 04-05-2019
    Business: Adjd
    Next Purpose: NM  ORDERS
    Next Hearing Date: 06-05-2019
    
    Date: 06-05-2019
    Business: Adv. Wasim Khan for plaintiff present.
    Adv. Sundas Ansari with Adv. Harshal Damania for defendant no.1 present.
    This matter was fixed on 04/05/2019 for passing order in NM NO.1715/2019 of the plaintiff but it was adjourned to today due to paucity of time. Perusal of the record shows that plaintiff has claimed interim relief to restrain the defendants from removing the plaintiff from the suit premises, pending final disposal of the suit. Learned advocate for the defendant No.1 submitted that there is no question of dispossessing the plaintiff by defendant No.1 and whatever action in that regard that has to be taken will be taken by defendant No.2. Defendant No.2 is the Competent Authority/Dy. Collector. The plaintiffs has produced copies of certain documents which prima-facie support her contentions in respect of the suit premises.   It is not in dispute that plaintiff is in possession of the suit premises. Material on record shows that employee of the office of defendant No.2 had appeared before this court on 25/04/2019 and filed application seeking adjournment beyond the work of counting of votes is completed. Since defendant no.2 has passed order in respect of the suit premises having considered the contents of the order and the copies of the documents produced on record by the plaintiffs and the statement made by advocate by defendant No.1 that there is no question of dispossessing the plaintiff by defendant No.1 from the suit premises, it would be just to keep the matter after vacation so as to enable defendant No.2 to contest the Notice of Motion by filing reply to it, in view of the adjournment application filed on 25/04/2019. It would be in the interest of justice to direct that any coercive action shall not be taken against the plaintiff till then. Plaintiff is directed to intimate this order to defendant No.2 and about the next date fixed in the matter. Thus, matter adjourned to  06.06.2019 for  reply, if any, by defendant No.2 and for order.
    On request of advocates for plaintiff and defendant No.1, authenticate copy of this roznama be given to them.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 06-06-2019
    
    Date: 06-06-2019
    Business: Adjd
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 03-07-2019
    
    Date: 03-07-2019
    Business: Adjd
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-07-2019
    
    Date: 17-07-2019
    Business: Adv. Wasim Khan for the Plaintiff present.
    Adv. Harshal Damania for Defendant No. 1  present.
    Court is busy in dictating judgment of suit No. 1227/10 and other NM orders. Hence board is discharged.
    Earlier Ad-interim order, if any be continued till next date.
    Matter is adjd. to 09/08/2019 for reply
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 09-08-2019
    
    Date: 09-08-2019
    Business: Adv. Khan for the Plaintiff present.
    Adv. Damania for Defendant-1 present.
    Earlier ad interim order be continued till next date.
    Matter is adjd. to 5.11.2019.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 05-11-2019
    
    Date: 05-11-2019
    Business: Mohamed Haroon Khan
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-12-2019
    
    Date: 16-12-2019
    Business: Adv. Vasim Khan  for Plaintiff is present.
    Adv. Arshad Ramania for Defendant no. 1 is  present.
    Earlier Ad-interim order, if any be continued till next date.
    Matter is adjd. 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 hearing in Su No-9835/1999 and dictating N/M orders in suit nos. 271/2017, 2082/2018, 2816/2019 and suit no. 2591/2017.  Hence board is discharged.
    Earlier Ad-interim order, if any be continued till next date.
    Matter is adjd.  for reply to 07/04/2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-04-2020
    
    Date: 07-04-2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-04-2020
    
    Date: 18-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-05-2020
    
    Date: 08-05-2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-05-2020
    
    Date: 29-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-06-2020
    
    Date: 16-06-2020
    Business: national lock down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-10-2020
    
    Date: 17-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-10-2020
    
    Date: 20-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-02-2021
    
    Date: 02-02-2021
    Business: Both the parties and their advocates are absent.
    Last chance is granted for filing reply to NM.
    Matter is adjd. to 16/04/2021 for NM reply.
    Next Purpose: REPLY
    Next Hearing Date: 16-04-2021
    
    Date: 16-04-2021
    Business: DUE TO COVID-19
    Next Purpose: REPLY
    Next Hearing Date: 17-06-2021
    
    Date: 17-06-2021
    Business: Due to COVID-19 pandemic.
    Matter is adjourned.
    Next Purpose: REPLY
    Next Hearing Date: 27-07-2021
    
    Date: 27-07-2021
    Business: court is on leave
    Next Purpose: REPLY
    Next Hearing Date: 07-09-2021
    
    Date: 07-09-2021
    Business: Court is on leave.
    Next Purpose: REPLY
    Next Hearing Date: 14-10-2021
    
    Date: 14-10-2021
    Business: None present.
    Matter is adjd. to 18/01/2022 for passing dismissal order on  Suit and  NM No.1715/2019.
    Next Purpose: DISMISSAL
    Next Hearing Date: 18-01-2022
    
    Date: 18-01-2022
    Business: Due to SOP only urgent matters are taken up.
    Matter is adjd. to 02.03.2022 for Dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 02-03-2022
    
    Date: 02-03-2022
    Business: (As per order of Hon\''ble Principal Judge dtd.25/2/22, matter is reassigned to this court.)
    None present for plaintiff.
    Adv Priyanka Gaokar h/f Adv Sachin Gharat for deft No.2 present.
    From the record it appears that since long plaintiff and his adv are absent and therefore matter is kept for dismissal order.
    KB
    LO (At 2.45 p.m.)
    From the record it appears that since long plaintiff and his adv are absent and therefore matter is kept for dismissal order.
    As the plaintiff and his adv are absent. Matter adjd for dismissal to 28/3/22.
    Next Purpose: DISMISSAL
    Next Hearing Date: 28-03-2022
    
    Date: 28-03-2022
    Business: Adv. Vasim khan present  for plaintiff.
    Adv. Pradeep gaikwad present for defendants 01.
    Adv. Khatib for defendant no. 02 state.
    kb.
    l.o. at 04.07 pm
    Adv. Vasim khan present for plff.
    From the record, appears that, deff. no. 02 has not filed reply to nm no. 1715/2019 since long. Hence, nm no. 1715/19 be proceeded without reply of def.no. 02.
    Matter adjourned for nm hrg. To 30/04/22.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-04-2022
    
    Date: 30-04-2022
    Business: None present for Plaintiff.
    Adv Harshal Damaniya present for Defendant no 01.
    Adv Kapse h/f for defendant no 02.
    As plaintiff and his adv are absent.
    Matter adjourned for dismissal order to 14.07.2022.
    Next Purpose: DISMISSAL
    Next Hearing Date: 14-07-2022
    
    Date: 14-07-2022
    Business: None present for plaintiff.
    None present for defendant.
    Kb
    l.o. at 02.43 pm.
    Adv. Mushraf Khan present for the plaintiff and sought adjournment.
    Adv. Kapse present for defendant no. 02 and tendered WS of defendant no. 02. t.o.r. marked as Ex. 09.
    He also tendered reply to the nm no. 1715/2019.
    Matter adjourned for nm hearing/order to 11/08/22.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-08-2022
    
    Date: 11-08-2022
    Business: As P.O. is on leave. Matter is adjd. to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-09-2022
    
    Date: 26-09-2022
    Business: None present for plaintiff.
    Adv. Harshal Damania present for defendant 01.
    Adv. Pratik korgaonkar hf adv. Sachin kadam present for defendant 02.
    As plaintiff and his adv. are absent, Matter adjourned for nm dismissal order to 15/10/22.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 15-10-2022
    
    Date: 15-10-2022
    Business: Adv. Gogri present for plaintiff and sought adjournment.
    Adv. Pratik korgaonkar hf adv. Sachin kadam present for defendant 02.
    None present for other defendants.
    Matter adjourned for nm hearing to 23/11/22.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-11-2022
    
    Date: 23-11-2022
    Business: None present for plaintiff.
    Adv. kajal present for defendant 01.
    As plaintiff and his adv. are absent, Matter adjourned for dismissal order of nm no. 1715/2019 to 17/12/22.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 17-12-2022
    
    Date: 17-12-2022
    Business: Adv. Kinjal present for plaintiff and sought adjournment on the ground of personal difficulty of advocate for plaintiff.
    Adv. Pratik korgaonkar hf adv. Sachin kadam present for defendant 02.
    Adv. Harshal Damania present for defendant no. 01.
    Matter adjourned for nm hearing as a last chance to 30/01/23.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-01-2023
    
    Date: 30-01-2023
    Business: Adv. Vasim khan present for plaintiff and sought adjournment.
    Adv. Kajal Rajat present for defendant no. 01.
    Adv. Kapse present for defendant no. 02.
    Matter adjourned for nm hearing to 28/02/23.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-02-2023
    
    Date: 28-02-2023
    Business: Court is on leave.
    Adjourned to.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-03-2023
    
    Date: 29-03-2023
    Business: Adv. Vasim Khan present for plaintiff.
    Adv. Harshal Damania present for defendant no. 01.
    Adv. Kadam present for defendant no. 02.
    Heard arguments of ld. Advocate for plaintiff and ld. Advocate for defendant no. 01 and 02 on Notice of Motion no. 1715/2019.
    Matter adjourned for order on nm no. 1715/19 to 12/04/23.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 12-04-2023
    
    Date: 12-04-2023
    Business: None present for plaintiff.
    Adv. Kajal Rajat present for defendant no. 1.
    Adv. Priyanka gavkar hf. Adv. kudalkar present for deff. no. 02.
    As court is busy in dictating order on nm no. 3864 of 2022 in suit no. 174/2023. Hence, Matter adjourned for order to 20/04/23.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 20-04-2023
    
    Date: 20-04-2023
    Business: None present for plaintiff.
    Adv. Kajal Rajat present for defendant no. 01.
    None present for other defendant no. 02.
    F.R.S.R. following order is passed on Notice Of Motion No. 1715 of 2019.
                                            ORDER
    1) Notice of Motion No. 1715 of 2019 is dismissed.
    2) Notice of Motion No. 1715 of 2019  is disposed off accordingly.
    Authenticated copy of Roznama be given to both the parties if
    requested.
    Nature Of Disposal: DISMISSED
    Disposal Date: 20-04-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 105257/2019
    Filing Date: 30-04-2019
    First Hearing Date: 03rd May 2019
    Decision Date: 20th April 2023
    Court Number And Judge: 8-COURT 08 ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 2Full order available
    20 Apr 2023

    Order Details: Notice of Motion Pdf Text: 1 NM NO.1715/2019 IN SU NO.294/2018 MHCC010047162019 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY NOTICE OF MOTION NO. 1715 OF 2019 IN S. C. SUIT NO.294 OF 2018 Mrs. Sangeeta Shankar Unavane. ]...Plaintiff. Versus 1. M/s. M.K. Builders & Developers 2. The Deputy Collector, (Encroachment & Removal) & Competent Authority. ]…Defendants. Appearance: Ld. Advocate Vasim Khan for Plaintiff. Ld. Advocate Harshal Damania for Defendant No.1/MCGM. Ld. Advocate Kadam h/f Kapse for Defendant…

    Read Full Order
    Final Order 1
    20 Apr 2023
    Order Details: Notice of Motion
    Pdf Text: 1
    Daily Status
    IN THE COURT OF :COURT 08 ADDL SESSIONS JUDGE
    Case No. :NOTICE OF MOTION/0101715/2019
    Mrs. Sangeeta Shankar Unavane Vs 1. M/s. M. K. Builders and Developers 2. The
    Deputy Collector
    Date : 20-04-2023
    Business : None present for plaintiff. Adv. Kajal Rajat present
    for defendant no. 01. None present for other
    defendant no. 02. F.R.S.R. following order is passed
    on Notice Of Motion No. 1715 of 2019. ORDER 1)
    Notice of Motion No. 1715 of 2019 is dismissed. 2)
    Notice of Motion No. 1715 of 2019 is disposed off
    accordingly. Authenticated copy of Roznama be
    given to both the parties if requested.
    Nature of Disposal : DISMISSED
    Disposal Date : 20-04-2023
    COURT 08 ADDL SESSIONS JUDGE
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