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NOTICE OF MOTION

Priyadarshini Dasharath Mitna - Suit St. No. 5221/2020VsSunanda Deepak Mhatre and Ors.

CNR MHCC0100501420202-COURT 02 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 08th September 2021

TrustJury record updated 30 Sept 2026

Case Overview

Registration Number
101654/2020
Registration Date
10 Nov 2020

Advocates

2

For Petitioner

For Respondent

Parties

2

Acts & Sections

1
CODE OF CIVIL PROCEDURE · Sec 9

Case History / Proceedings

Case History
Date: 27-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 28-01-2021

Date: 28-01-2021
Business: None present.
Matter already Adj for NM to 22/02/2021.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 22-02-2021

Date: 22-02-2021
Business: Adv Anil Kharatmol for plff present.
He tendered registered CS 268/2021 for amendment. t.o.r.  Copy served to Adv for deft no. 2 to 4.
Adv Sonal Gawand for deft no. 2 to 4 present.
She filed affidavit of service regarding additional reply and additional documents to the plff.
She seeks time to file reply on CS 268/2021.
Matter stands Adj for CS Reply and NM Hearing to 05/03/2021.
Next Purpose: C/S REPLY
Next Hearing Date: 05-03-2021

Date: 05-03-2021
Business: As Court is on leave matter adjd
Next Purpose: C/S REPLY
Next Hearing Date: 22-03-2021

Date: 05-03-2021
Business: As Court is on leave matter adjd
Next Purpose: C/S REPLY
Next Hearing Date: 22-03-2021

Date: 05-03-2021
Business: As Court is on leave matter adjd
Next Purpose: C/S REPLY
Next Hearing Date: 22-03-2021

Date: 05-03-2021
Business: As Court is on leave matter adjd
Next Purpose: C/S REPLY
Next Hearing Date: 22-03-2021

Date: 22-03-2021
Business: Adv Anil Kharatmol for plff present.
Adv Sonal Gawand for deft present.
Adv Yogesh Keni for deft no. 2 to 4 present.
Adv Amar Bhat for contemptner.
He seeks time to file reply in contempt NM.
Adv for plff is directed to register contempt NM before next date.
Matter stands Adj for NM Reply to 06/04/2021.
Next Purpose: REPLY
Next Hearing Date: 06-04-2021

Date: 06-04-2021
Business: Matter pertains to C. R. No. 02.
Adv Anil Kharatmol for plff present.
He tendered contempt NM 982/2021. t.o.r.
He also filed reply to NM 1654/2020. t.o.r.  Copy be served to other side.
Matter stands Adj for Hearing on NM 1654 to 07/06/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-04-2021

Date: 26-04-2021
Business: By Precipe.
Adv. Anil Kharatmol present. Affidavit of service filed .
Defendant no.2 present. She is submitted that her advocate is out of station.
Put up on fixed date.
Already adjd to 07/06/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-06-2021

Date: 07-06-2021
Business: Due to covid matter is adjd.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-06-2021

Date: 10-06-2021
Business: By precipe matter is taken board.
Adv. Kharatimol for plaintiff present.
Affidavit of service filed by plaintiff .TOR. He also filed documents on record.
Adv. Yogesh Keni for defendant 3 and 4 present.
Amar Bhatt Contempnor no.1 present.
With consent of all advocates adjd to 18.06.2021.
Next Purpose: FOR___________________
Next Hearing Date: 18-06-2021

Date: 18-06-2021
Business: Adv. Mr. Anil Kharatmol for Plaintiff Present.
Adv. Mr. Keni for Deft.no.2 to 4 present.
At the request of both sides, adjd. to 22-06-2021 for  NM.
Next Purpose: FOR___________________
Next Hearing Date: 22-06-2021

Date: 22-06-2021
Business: Adv K. M. Singh for plff present.
Adv Hasan Khan appeared for deft.
He filed VP for deft. t.o.r.
At the request of Adv for plff, matter stands Adj for Chamber summons to 29/06/2021.
Next Purpose: REPLY
Next Hearing Date: 29-06-2021

Date: 29-06-2021
Business: Adv. Kharatmol for the plaintiff present.
He tendered registered notice of motion no.1432/2021 for police protection. TOR.
He also filed list of documents in  notice of motion no.1432/2021. Copies served to other side.
Advocate Yogesh Keni  for defendant no.2 to 4 present.
He seeks time to file reply on CS No.268/2021. Granted as last chance.
Adv. Amar Bhat for contemptner no.1 in NM No.982/2021 seeks time to file reply. Granted as a last chance.
With consent of all advocates, matter adjd to 08.07.2021 reply on CS No.268/2021 and hearing on CS No.268/2021 and all notice of motion.
Next Purpose: REPLY
Next Hearing Date: 08-07-2021

Date: 29-06-2021
Business: Adv. Kharatmol for the plaintiff present.
He tendered registered notice of motion no.1432/2021 for police protection. TOR.
He also filed list of documents in  notice of motion no.1432/2021. Copies served to other side.
Advocate Yogesh Keni  for defendant no.2 to 4 present.
He seeks time to file reply on CS No.268/2021. Granted as last chance.
Adv. Amar Bhat for contemptner no.1 in NM No.982/2021 seeks time to file reply. Granted as a last chance.
With consent of all advocates, matter adjd to 08.07.2021 reply on CS No.268/2021 and hearing on CS No.268/2021 and all notice of motion.
Next Purpose: REPLY
Next Hearing Date: 08-07-2021

Date: 29-06-2021
Business: Adv. Kharatmol for the plaintiff present.
He tendered registered notice of motion no.1432/2021 for police protection. TOR.
He also filed list of documents in  notice of motion no.1432/2021. Copies served to other side.
Advocate Yogesh Keni  for defendant no.2 to 4 present.
He seeks time to file reply on CS No.268/2021. Granted as last chance.
Adv. Amar Bhat for contemptner no.1 in NM No.982/2021 seeks time to file reply. Granted as a last chance.
With consent of all advocates, matter adjd to 08.07.2021 reply on CS No.268/2021 and hearing on CS No.268/2021 and all notice of motion.
Next Purpose: REPLY
Next Hearing Date: 08-07-2021

Date: 29-06-2021
Business: Adv. Kharatmol for the plaintiff present.
He tendered registered notice of motion no.1432/2021 for police protection. TOR.
He also filed list of documents in  notice of motion no.1432/2021. Copies served to other side.
Advocate Yogesh Keni  for defendant no.2 to 4 present.
He seeks time to file reply on CS No.268/2021. Granted as last chance.
Adv. Amar Bhat for contemptner no.1 in NM No.982/2021 seeks time to file reply. Granted as a last chance.
With consent of all advocates, matter adjd to 08.07.2021 reply on CS No.268/2021 and hearing on CS No.268/2021 and all notice of motion.
Next Purpose: REPLY
Next Hearing Date: 08-07-2021

Date: 29-06-2021
Business: Adv. Kharatmol for the plaintiff present.
He tendered registered notice of motion no.1432/2021 for police protection. TOR.
He also filed list of documents in  notice of motion no.1432/2021. Copies served to other side.
Advocate Yogesh Keni  for defendant no.2 to 4 present.
He seeks time to file reply on CS No.268/2021. Granted as last chance.
Adv. Amar Bhat for contemptner no.1 in NM No.982/2021 seeks time to file reply. Granted as a last chance.
With consent of all advocates, matter adjd to 08.07.2021 reply on CS No.268/2021 and hearing on CS No.268/2021 and all notice of motion.
Next Purpose: REPLY
Next Hearing Date: 08-07-2021

Date: 08-07-2021
Business: Plff present.
Adv Anil Kharatmol for plff present.
Adv Yogesh Keni for deft no. 2 to 4 present.
He filed reply to CS 268/2021. t.o.r.  Copy served to Adv for plff.
Adv Amar Bhat for contempner no. 1 in NM present.
He filed reply to Contempt NM.
Adv for plff filed undertaking along with documents stating that area of the suit premises is 17 X 24 sq. ft.
Adv for deft no. 2 to 4 and Adv for contempner no. 1 disputed the area of premises.
Adv for plff is undertakes to file reliable affidavit of neighbours about the original area of suit premises before demolition.
Matter stands Adj for Compliance / Hearing on all NM and CS to 22/07/2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 22-07-2021

Date: 22-07-2021
Business: Plaintiff and her advocate Anil Kharatmol present.
He filed affidavit of two witnesses stating that area of the suit premises is 17 X 24 Sq fts.
Adv. Yogesh Keni for defendant no.2 to 4 present. He filed reply to undertaking of the plaintiff.
Adv. Amar Bhat for contemnor no.1 present.
Adv. For defendant no.2 to 4 and contemnor seek time to file counter affidavit/reply to affidavit of plaintiff\''s two witnesses.
Adjd to 31.07.2021 for hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-07-2021

Date: 22-07-2021
Business: Plaintiff and her advocate Anil Kharatmol present.
He filed affidavit of two witnesses stating that area of the suit premises is 17 X 24 Sq fts.
Adv. Yogesh Keni for defendant no.2 to 4 present. He filed reply to undertaking of the plaintiff.
Adv. Amar Bhat for contemnor no.1 present.
Adv. For defendant no.2 to 4 and contemnor seek time to file counter affidavit/reply to affidavit of plaintiff\''s two witnesses.
Adjd to 31.07.2021 for hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-07-2021

Date: 22-07-2021
Business: Plaintiff and her advocate Anil Kharatmol present.
He filed affidavit of two witnesses stating that area of the suit premises is 17 X 24 Sq fts.
Adv. Yogesh Keni for defendant no.2 to 4 present. He filed reply to undertaking of the plaintiff.
Adv. Amar Bhat for contemnor no.1 present.
Adv. For defendant no.2 to 4 and contemnor seek time to file counter affidavit/reply to affidavit of plaintiff\''s two witnesses.
Adjd to 31.07.2021 for hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-07-2021

Date: 22-07-2021
Business: Plaintiff and her advocate Anil Kharatmol present.
He filed affidavit of two witnesses stating that area of the suit premises is 17 X 24 Sq fts.
Adv. Yogesh Keni for defendant no.2 to 4 present. He filed reply to undertaking of the plaintiff.
Adv. Amar Bhat for contemnor no.1 present.
Adv. For defendant no.2 to 4 and contemnor seek time to file counter affidavit/reply to affidavit of plaintiff\''s two witnesses.
Adjd to 31.07.2021 for hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-07-2021

Date: 31-07-2021
Business: Adv Anil Kharatmol for plff present.
He filed Architect report. t.o.r.
He also filed approved plan. t.o.r.
Adv Yogesh Kini for deft no. 2 to 4 present.
He filed three affidavit about area of the suit premises. t.o.r.
Adv Amar Bhat for contempor no. 1 present.
With consent of all Adv matter stands Adj for Hearing to 20/08/2021.
Next Purpose: HEARING
Next Hearing Date: 20-08-2021

Date: 20-08-2021
Business: P. O. is on Leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-08-2021

Date: 20-08-2021
Business: P. O. is on Leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-08-2021

Date: 20-08-2021
Business: P. O. is on Leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-08-2021

Date: 20-08-2021
Business: P. O. is on Leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-08-2021

Date: 20-08-2021
Business: P. O. is on Leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-08-2021

Date: 20-08-2021
Business: P. O. is on Leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-08-2021

Date: 26-08-2021
Business: Adv Anil Kharatmol for plff present.
Adv Yogesh Kini for deft no. 2 to 4 present.
He tendered draft NM for rejection of plaint.  Leave to register granted.  Copy given to other side.
Adv Amar Bhat for contemner no. 1 present.
Adv for plff seeks time to file reply to draft NM.  Granted.
Matter stands Adj for draft NM Reply and hearing on all NM\''s and CS to 30/08/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-08-2021

Date: 30-08-2021
Business: Adv Anil Kharatmol for plff present.
He filed reply to draft NM of deft no. 2 to 4 for rejection of plaint. t.o.r.  Copy given to Adv for deft no. 2 to 4.
Adv Yogesh Kini for deft no. 2 to 4 present.
Adv Amar Bhat for contemner no. 1 present.
Heard all parties on all NM\''s and CS.
Matter stands Adj for NM and CS Order to 04/09/2021.
Next Purpose: NM  ORDERS
Next Hearing Date: 04-09-2021

Date: 04-09-2021
Business: Adv Anil Kharatmol for plff present.
Adv Yogesh Kini for deft no. 2 to 4 present.
He tendered registered NM 1932/2021. t.o.r.
Adv Amar Bhat for contemner no. 1 present.
Statusquo is granted to further construction of the plff in the suit premises till next date.
Authenticated copy be given to Adv for both parties.
For want of time, matter stands Adj for NM and CS Order to 07/09/2021.
Next Purpose: NM  ORDERS
Next Hearing Date: 07-09-2021

Date: 07-09-2021
Business: Adv Khartmol for plaintiff present.
Plaintiff present.
Adv Keny for Defendant no. 2 to 4 present.
Defendant no. 2 present.
Adv Amar Phatt for contempetnor no. 1 present.
Order dictated partly in chamber summons and notice of mothion. As court time is over.
Matter stands Adj to 08.09.2021 for order.
Status-quo continue till tomorrow.
Next Purpose: NM  ORDERS
Next Hearing Date: 08-09-2021

Date: 08-09-2021
Business: Adv Anil Kharatmol for plff present.
Adv Yogesh Kini for deft no. 2 to 4 present.
Adv Amar Bhat for contemner no. 1 present.
F. R. S. R. following order is passed -
ORDER
1. Notice of motion no.1654/2020 is dismissed with costs.
2. Costs shall follow the event.
3. Notice of motion no.1654/2020 is disposed of accordingly.
Authenticated copy be given to Adv for plff and deft.
Nature Of Disposal: DISMISSED
Disposal Date: 08-09-2021

Additional Case Details

Additional Case Details
Filing Number: 105525/2020
Filing Date: 10-11-2020
First Hearing Date: 27th November 2020
Decision Date: 08th September 2021
Court Number And Judge: 2-COURT 02 ADDL SESSIONS JUDGE

Orders

1
Final Order 1Full order available
08 Sept 2021

Order Details: Notice of Motion Pdf Text: Notice of Motion No.1654/2020 ..1.. Order MHCC010050142020 IN THE CITY CIVIL COURT FOR GREATER MUMBAI NOTICE OF MOTION NO.1654/2020 IN S.C.SUIT NO. 563 OF 2021 Priyadarshini Dasharath Mitna .. Plaintiff. Versus Sunanda Deepak Mhatre and 3 others .. Defendants. Appearence Anil Kharatmol, advocate for the plaintiff. Yogesh Keni, advocate for defendant no.2 to 4. Suit proceeded ex-parte against defendant no.1. CORAM : HIS HONOUR JUDGE Sunil T. Soor. (Court No.: 2) DATED :…

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