Order Details: Notice of Motion Pdf Text: 1 NM 1801-2019 in SU 1719-2018 IN THE CITY CIVIL COURT AT MUMBAI. NOTICE OF MOTION NO.1801 OF 2019 (CNR No.MHCC01-005114-2019) IN SUIT NO.1719 OF 2018. (CNR No.MHCC01-004076-2018) Sumant Shankar Jedhe }...PLAINTIFF. Versus Santosh Hanumant Jedhe & Ors. }...DEFENDANTS. ------------------------------------------------------------------------------------------------ Shri.Deshmukh, learned advocate for the plaintiff. Shri.Jaiswal, learned advocate for defendant Nos.1 & 2. ------------------------------------------------------------------------------------------------ CORAM : HIS HONOUR JUDGE SHRI.P.P.RAJVAIDYA (C.R.NO.9) ----------------------------------------------------------------------------------------- O R A L O R D E R (Delivered…
NOTICE OF MOTION
Sumant Shankar JedheVsMr. Santosh Hanumant Jedhe +2 more
CNR MHCC0100511420199-COURT 09 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 23rd March 2021
TrustJury record updated 20 Sept 2026
Case Overview
- Registration Number
- 101801/2019
- Registration Date
- 21 May 2019
Advocates
2For Petitioner
For Respondent
Parties
4Acts & Sections
1Protection of Women from Domestic Violence Act · Sec 9
Case History / Proceedings
Case History
Date: 18-06-2019
Business: Court is busy in dictating order hence, Board is discharged.
Case is adjourned to 27.08.2019 for Notice of Motion reply.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 27-08-2019
Date: 27-08-2019
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 21-10-2019
Date: 21-10-2019
Business: As holiday was declared on 21/10/2019, on account of Vidhansabha Election, matter is taken on today\''s board
L.O.
Advocate Tanvi Sangle for Defendant no.3 to 7 present and filed draft Notice of Motion with affidavit in support of Notice of Motion for condoning delay of 240 days caused for filing Written Statement of Defendants. Leave to register Notice of Motion is granted. Defendant no.3 to 7 are directed to serve copy of NM upon Plaintiff. It is made clear that, Written Statement filed by Defendants along with NM will be considered subject to decision of NM.
Case is already adjourned to 18/12/2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-12-2019
Date: 18-12-2019
Reason For Adjournment: court time is over
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-03-2020
Date: 18-12-2019
Reason For Adjournment: court time is over
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-03-2020
Date: 18-12-2019
Business: None present for Plaintiff.
Advocate Ms. Asmita Jaiswal for Defendant no.1 and 2 present and submitted that Plaintiff has not filed reply to Notice of Motion no.1801/19 even though said Notice of Motion is filed in the month of March 2019.
Advocate Ms. Tanvi Sangle for Defendant no.3 to 7 present and filed registered Notice of Motion no.4730/2019 with affidavit in support, t.o.r. Defendant no.3 to 7 is directed to serve copy of NM no.4730/19 upon Plaintiff.
Advocate Mr. J. K. Mehta for Defendant no.8 present
Advocate Mr. S. M. Sayyad for Defendant no.9 present
Defendant no.1 is directed to tender registered NM no.1801/19 if not tendered.
Case is adjourned to 16/03/2020 for NM reply and NM hearing.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-03-2020
Date: 16-03-2020
Business: None present for Plaintiff.
Advocate Mr. Jaiswal for Defendant no.1 and 2 filed registered Notice of Motion no.1801/2019 with affidavit in support, t.o.r.
Advocate Hari M. for Defendant no.8 present
Advocate P. Pathak for Defendant no.3 to 7 present
Case is adjourned to 23/06/2020 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-06-2020
Date: 16-03-2020
Business: None present for Plaintiff.
Advocate Mr. Jaiswal for Defendant no.1 and 2 filed registered Notice of Motion no.1801/2019 with affidavit in support, t.o.r.
Advocate Hari M. for Defendant no.8 present
Advocate P. Pathak for Defendant no.3 to 7 present
Case is adjourned to 23/06/2020 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-06-2020
Date: 16-03-2020
Business: None present for Plaintiff.
Advocate Mr. Jaiswal for Defendant no.1 and 2 filed registered Notice of Motion no.1801/2019 with affidavit in support, t.o.r.
Advocate Hari M. for Defendant no.8 present
Advocate P. Pathak for Defendant no.3 to 7 present
Case is adjourned to 23/06/2020 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-06-2020
Date: 16-03-2020
Business: None present for Plaintiff.
Advocate Mr. Jaiswal for Defendant no.1 and 2 filed registered Notice of Motion no.1801/2019 with affidavit in support, t.o.r.
Advocate Hari M. for Defendant no.8 present
Advocate P. Pathak for Defendant no.3 to 7 present
Case is adjourned to 23/06/2020 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-06-2020
Date: 23-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-08-2020
Date: 20-08-2020
Business: Adjourned due to Covid-19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-11-2020
Date: 02-11-2020
Business: None present for Plaintiffs.
None present for Defendant.
It seems that due to Corona pandemic, parties are absent, hence case is adjourned to 02.02.2021 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-02-2021
Date: 02-11-2020
Business: None present for Plaintiffs.
None present for Defendant.
It seems that due to Corona pandemic, parties are absent, hence case is adjourned to 02.02.2021 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-02-2021
Date: 02-11-2020
Business: None present for Plaintiffs.
None present for Defendant.
It seems that due to Corona pandemic, parties are absent, hence case is adjourned to 02.02.2021 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-02-2021
Date: 02-11-2020
Business: None present for Plaintiffs.
None present for Defendant.
It seems that due to Corona pandemic, parties are absent, hence case is adjourned to 02.02.2021 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-02-2021
Date: 02-02-2021
Business: Adv Mr. Balasaheb Deshmukh for plff present and filed reply to NM No.1801/2019 and 4730/2019 . He seeks time to file rejoinder in NM No.12/2019.
Adv Ms. Jaiswal for deft No.1 present and seeks time to argue NM taken out by deft No.1.
By consent, matter is adjd. for NM hearing and rejoinder to 03.02.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-02-2021
Date: 03-02-2021
Business: Adv Mr. Balasaheb Deshmukh for plff present.
Adv Mr. R.B. Jaiswal for deft No.1 and 2 present and filed application under O-7 R-11 of C.P.C.
As per the rules of City Civil Court Act, NM for claiming the relief for rejection of plaint has be filed and application for it cannot be entertained hence, application is disposed off with liberty to defendant Nos.1 an 2 to take out appropriate Notice of Motion. He also filed application for framing preliminary issue of Jurisdiction U/s 9A of C.P.C. and submitted that time may be granted to him to satisfy that S.9A of C.P.C. is still in existence. He also filed application to give direction to the plaintiffs for inspection of documents. O- Call say of plff.
Adv Mr. M.A. Parab for deft Nos.3 to 7 present.
Matter is adjd. for hearing on application filed u/s 9A and for reply 22.02.2021.
Next Purpose: HEARING
Next Hearing Date: 22-02-2021
Date: 22-02-2021
Business: Adv Mr. Deshmukh for plff present.
Adv Ms. Asmita Jaiswal for deft No.1 and 2 present.
Adv Mr. A.K. Mehta for deft No.8 present.
None present for other defts.
Adv for plff seeks time to file reply to application filed by deft Nos.1 and 2 under Order -7 Rule -11 of C.P.C.
By consent, matter is adjd. for hearing to 05.03.2021.
Next Purpose: HEARING
Next Hearing Date: 05-03-2021
Date: 05-03-2021
Business: Adv Mr. Balasaheb Deshmukh for plff present and field reply to application taken out by deft Nos.1 and 2 under Order -7 Rule -11 of C.P.C.
Adv Ms.Asmita Jaiswal for Deft 1 and 2 present.
Adv Mr. Mehta for deft No.8 present.
Advocate for deft Nos.1 and 2 seeks time to argue application under O-7 R-11 of C.P.C.
By consent, matter is adjd. to 08.03.2021.
Next Purpose: HEARING
Next Hearing Date: 08-03-2021
Date: 08-03-2021
Business: Adv Mr. Deshmukh for plff present.
Deft No.2 present in person and filed appln. for adjournment at Exh.9.
Adv Ms.Sangle for deft Nos.3 to 7 present.
Ld. advocate for the plff objected application Exh.9 orally by submitting that already more than sufficient adjournments are granted to the defendants to advance arguments and they are deliberately prolonging the hearing in the NM taken out by the plff for injunction.
Though there is substance in the argument of ld. Advocate for the plff that already several chances are granted to the deft Nos.1 & 2, reasons mentioned in the application is the ill-health of the advocate for deft Nos.1 and 2 hence, considering the present pandemic condition, to protect in the interest of justice, adjournment as a last chance is granted.
Matter be kept for NM hearing and application hearing to 15.03.2021.
Next Purpose: HEARING
Next Hearing Date: 15-03-2021
Date: 15-03-2021
Business: Adv.Mr. Deshmukh for plff present.
AdvMs.Asmita Jaiswal h/f Adv.Mr. R.B. Jaiswal for deft Nos.1,2present.
Adv Ms. Tanvi Sangle for deft Nos. 3 to 7 present.
Adv Mr. Mehta for deft No.8 present.
Heard arguments of ld. Advocate for plff and deft Nos. 3 to 7 in N.M.No.4730/2019
Adv for deft Nos.1 and 2 requested to keep back the matter hence, kept back.
At 4.20 p.m
Adv. Ms. Asmita Jaiswal for deft Nos.1 and 2 present and again requested to keep back the matter, hence kept back till 4.50 p.m.
L.O. at 5.05 p.m.
Adv Mr. Deshmukh for plff present.
Adv Mr. R.B. Jaiswal for deft Nos.1 and 2 present and endorsed on application for framing issue of preliminary jurisdiction as not pressed.
In view of the said endorsement, application for framing preliminary issue u/s 9A of C.P.C. is disposed off.
Advocate for deft No.1 produced WS of deft Nos.1 and 2. Said WS is kept on record with direction that it will be considered only if, N.M. No.1801/2019 is allowed.
Heard arguments of adv for plff and deft no.1 in N.M. No 1801/2019.
For want of time, matter is adjd. for order in N.M. No. 4730/2019 and N.M. No. 1801/2019 till next date.
Matter is adjd. for NM orders and NM hearing to 23.03.2021.
Next Purpose: NM ORDERS
Next Hearing Date: 23-03-2021
Date: 23-03-2021
Business: None present for plff.
None present for deft Nos.1,3 to 7.
Deft.No.2 present in person.
Adv Mr.Hari More for deft No.8 present.
Adv Mr. Rizvi h/f Adv Mr. Salim Sayyed for deft No.9 present.
K.B. for order.
L.O.
F.R.S.R. following order is passed in NM No.4730/2019.
ORDER
Notice of Motion No.4730 of 2019 is allowed subject to cost of Rs.5000/-.
Defendant Nos.3 to 7 shall pay the amount of cost as mentioned above to the plaintiff within four weeks from today.
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F.R.S.R. following order is passed in NM No.1801/2019
ORDER
Notice of Motion No.1801 of 2019 is partly allowed in terms of its prayer clause (a).
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As Notice of Motion No. 1801/2019 is allowed as above, WS of defendant Nos.1 and 2 is R & R are at Exh.10.
Matter is adjd. for compliance by deft Nos.3 to 7 and for NM hearing to 20.04.2021.
Nature Of Disposal: ALLOWED
Disposal Date: 23-03-2021Additional Case Details
Additional Case Details
Filing Number: 105291/2019 Filing Date: 21-05-2019 First Hearing Date: 18th June 2019 Decision Date: 23rd March 2021 Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE
Orders
1Final Order 1Full order available
23 Mar 2021
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