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NOTICE OF MOTION

Mr. Pratapsingh Haribhau Sawant and Anr.VsMr. Jaysingh Haribhau Sawant and Ors.

CNR MHCC01005753201962-COURT 62 AD-HOC ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--OTHER
Decision Date: 19th September 2024

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
102073/2019
Registration Date
12 Jun 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: 20-06-2019
    Business: Adv. Ghogare alongwith Plaintiff. He tendered registered n/m 2073/19.
    Adv. Ms. Mulla  for Defendant. She sought time to file reply to n/m
    She further submitted that service of writ of summons is waived.
    Case is adjourned to 25.07.2019 for n/m reply.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 25-07-2019
    
    Date: 25-07-2019
    Business: Adv. S. Ghogare present for Plaintiff.
    R.U. Dholkia present for Defendant and filed Vakalatnama and Written Statement.  T.O.R. and marked exhibit
    As the Court is busy in Hearing Arguments of Notice of motion in Suit No. 7488/83, hence Board is Discharged
    Case is adjourned to 09/10/2019 for N/M. Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-10-2019
    
    Date: 09-10-2019
    Business: Court is busy in recording of evidence in suit no.6380/03 and dictating judgment in suit no.3857/99, hence case is adjourned to 10/12/2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-12-2019
    
    Date: 10-12-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-02-2020
    
    Date: 10-02-2020
    
    Date: 13-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-04-2020
    
    Date: 28-04-2020
    Business: National Lock down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-05-2020
    
    Date: 19-05-2020
    Business: Due to Covid 19 pandemic, matters are adjourned as per Office order no.78.2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-06-2020
    
    Date: 06-06-2020
    Business: Case is adjd.to 24.06.20 in view of extension of Lockdown period as per office order no.83/20 dtd.01.06.20
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-06-2020
    
    Date: 24-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-08-2020
    
    Date: 21-08-2020
    Business: Adjd. to 08.10.2020 due to Covid-19.
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-10-2020
    
    Date: 08-10-2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-01-2021
    
    Date: 11-01-2021
    Business: None present for Plaintiff/s.
    None present for Defendant/s.
    As nobody is present for both the parties, considering the present pandemic condition, matter is adjd. for hearing on Notice of Motion No.2073/19 to 01.04.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-04-2021
    
    Date: 01-04-2021
    Business: Plaintiff present, his advocate absent.
    None present for defendant.
    Plaintiff seeks adjournment by submitting that his advocate is unable to attend this court today.
    On request of the plaintiff, matter adjourned for NM hearing to 28.04.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-04-2021
    
    Date: 28-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-07-2021
    
    Date: 15-07-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-09-2021
    
    Date: 20-09-2021
    Business: Adv Mr. Ghogre for plff present and submitted that deft No.1 has expired. He seeks time to take steps.
    None present for defts.
    Matter is adjd. for steps to 11.11.2021.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 11-11-2021
    
    Date: 11-11-2021
    Business: Adv Mr. Ghogare present for plff.and tendered registered Ch/s No.1299/2021 along with affidavit in support.
    None present for defts.
    Adv for plff seeks time to file affidavit of service.
    Matter is adjd. for filing affidavit of service to 01.12.2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 01-12-2021
    
    Date: 01-12-2021
    Business: Adv Mr. Sandip Ghugre present for plff.
    None present for deft.
    Court is busy in other matters, hence this matter is adjd.
    Matter is adjd. for affidavit of service to 16.12.2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 16-12-2021
    
    Date: 16-12-2021
    Business: Adv Mr. Ghogare present for plff.
    Adv Mr. Dholakia present for deft.No.3 present and endorsed no objection on Ch/s No.1299/2021.
    Plff to serve proposed legal heirs of deft No.1 with Ch/s No.1299/2021.
    Permission to serve by RPAD is granted.
    Matter is adjd. for service to 10.02.2022.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 10-02-2022
    
    Date: 10-02-2022
    Business: Plaintiff Pratapsingh Sawant present in person and filed affidavit of service in Chamber Summons No.1299 of 2021.
    Adv. R. U. Dholakiya for defendant Nos.2 and 3 present.
    Considering the present Pandemic condition and SOP issued by Hon’ble High Court, matter is adjourned at same stage to 08/04/2022.
    Judge
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 08-04-2022
    
    Date: 08-04-2022
    Business: Plff Adv Mr.Ghogare for plff present
    None present for deft.
    Defts failed to file reply.
    Adv for plff has produced copy of death certificate in support of the Ch/s No.1299/2021.
    K.B.
    L.O.at 4.15 p.m.
    Plff Adv Mr.Ghogare for plff present
    None present for deft. and proposed legal heir of deceased deft. No.1. Proposed legal heir is properly served with Ch/s but she did not appear. Plff has produced copy of death certificate which are supported he statement made in the affidavit filed in support of ch/s that deft No.1 Jaysingh expired on 01.06.2021. Since there is no resistance the Ch/s from the proposed legal heir of deceased deft No.1, Chs/ No.1299/2021 is allowed as prayed .
    Plffs shall carry out the amendment within two weeks and thereafter they shall serve the deft No.1a with writ of summons.
    Matter is adjd. for compliance to 14.07.2022.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 14-07-2022
    
    Date: 14-07-2022
    Business: Adv. Sandip Ghogare for plaintiff present.
    Adv. R. U. Dholakia for defendant present. Adv. for defendant submits that on next date he will confirm on instructions of defendant No. 1(a) to file vakalatnama.
    Matter adjd to 15/09/2022 for service affidavit/appearance of deft No. 1 (a)
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 15-09-2022
    
    Date: 14-07-2022
    Business: Adv. Sandip Ghogare for plaintiff present.
    Adv. R. U. Dholakia for defendant present. Adv. for defendant submits that on next date he will confirm on instructions of defendant No. 1(a) to file vakalatnama.
    Matter adjd to 15/09/2022 for service affidavit/appearance of deft No. 1 (a)
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 15-09-2022
    
    Date: 15-09-2022
    Business: As PO is on Leave in Second Sessions, hence, adjourned.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 28-11-2022
    
    Date: 15-09-2022
    Business: As PO is on Leave in Second Sessions, hence, adjourned.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 28-11-2022
    
    Date: 28-11-2022
    Business: Adv.Abhishek Chaturvedi for plaintiff present.
    Adv. R. U. Dholakia for defendant present.
    Adv.of plaintiff filed service affidavit of amended plaint on deft.No.1a t.o.r. and marked as Exh.3.
    Adv.for plaintiff also filed service affidavit of chamber summons t.o.r. and marked as Exh.4.
    Adv.Dholakia undertakes to file vakalatnama on behalf of deft.No.1a.
    Matter adj. to 14.02.2023 for filing of vakalatnama by deft.No.1a and written statement by 1a.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 14-02-2023
    
    Date: 28-11-2022
    Business: Adv.Abhishek Chaturvedi for plaintiff present.
    Adv. R. U. Dholakia for defendant present.
    Adv.of plaintiff filed service affidavit of amended plaint on deft.No.1a t.o.r. and marked as Exh.3.
    Adv.for plaintiff also filed service affidavit of chamber summons t.o.r. and marked as Exh.4.
    Adv.Dholakia undertakes to file vakalatnama on behalf of deft.No.1a.
    Matter adj. to 14.02.2023 for filing of vakalatnama by deft.No.1a and written statement by 1a.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 14-02-2023
    
    Date: 14-02-2023
    Business: Adv.Sandip Ghogare for plaintiff present.
    Defendant No.3 present. His Adv. absent. He requested for adjournment.
    None present for defendant No.1a. The defendant  No.1a failed to file written statement. Suit to proceed without written statement of defendant No.1a.
    From perusal of the record it appears that the defendants have not filed separate reply to the motion but have filed the written statement to the suit. The defendants to clarify whether they want to adopt the written statement as their reply to the motion.
    Matter adjd to 16.03.2023 for hearing of NM.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-03-2023
    
    Date: 16-03-2023
    Business: Adv.Anita Patil for plaintiff present.
    Adv.Dholakia present for all defendants and filed vakalatnama on behalf of defendant No.1a. TOR and marked as Exh.5.
    Adv.for defendants submits that the defendants are adopting their written statement Exh.2 as their reply to the motion. Adv.for deft.No.1a also submits that the defendant No.1a is not filing any separate written statement but adopting the same written statement filed at Exh.2. The Adv. for pltff wants to file rejoinder, hence, adjourned.
    Matter adjd to 15.06.2023 for rejoinder.
    Next Purpose: REJOINDER
    Next Hearing Date: 15-06-2023
    
    Date: 15-06-2023
    Business: Adv. Anita Patil for plaintiff present.
    Adv. R. V. Dholakia  for defendant present
    With consent of both sides matter is adjourned to 27/07/2023
    Matter is adjd.to 27-07-2023 for rejoinder.
    Next Purpose: REJOINDER
    Next Hearing Date: 27-07-2023
    
    Date: 15-06-2023
    Next Purpose: REJOINDER
    Next Hearing Date: 27-07-2023
    
    Date: 27-07-2023
    Business: Adv. Ansari a/w plaintiff present.
    Defendant in person present.
    Matter is adjd.to  01-08-2023 for Order
    Next Purpose: ORDER
    Next Hearing Date: 01-08-2023
    
    Date: 27-07-2023
    Business: Adv. Mr. Ghogre for plaintiff present.
    Adv. Mr. Dholakia for the defendant present.
    Matter is adjd.to   22.08-2023 for NM hearing
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-08-2023
    
    Date: 22-08-2023
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-09-2023
    
    Date: 22-08-2023
    Business: Plaintiff in person present.
    Defendant in person present.
    LO
    Adv. Anita Patil h/f Adv. Ghogare for plaintiff present
    Matter is adjd.to 16-09-2023 for Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-09-2023
    
    Date: 16-09-2023
    Business: Adv. Ghogare a/w plaintiff present and prayed for adjournment.
    Adv. Dholakia for defendant present.
    Matter is adjd.to13-10-2023 for NM Hrg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-10-2023
    
    Date: 13-10-2023
    Business: Adv. Sandeep Ghogare  for plaintiff present.
    Defendant no. 3 in person present.
    Matter is adjd.to 02-11-2023 for NM Hrg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-11-2023
    
    Date: 02-11-2023
    Business: Adv. Gogare a/w  plaintiff present.
    Defendant no. 3 in person present and his advocate absent.
    Matter is adjourned to 19-12-2023 for NM Hrg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-12-2023
    
    Date: 19-12-2023
    Business: Adv. Sandip Ghogare for plaintiff present.
    Adv. Dholakia  for defendant no. 1a present.
    By consent Matter is adjourned to 17-01-2024 for NM Hrg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-01-2024
    
    Date: 17-01-2024
    Business: Adv. Anita Patil  a/w  plaintiff present.
    Adv. Dholakia a/w  defendant present.
    Matter is adjourned to 23-02-2024 for NM Hrg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-02-2024
    
    Date: 23-02-2024
    Business: Adv. Ghogare a/w  plaintiff present.
    Adv. Dholakia for defendants present.
    Matter is adjourned to 06-04-2024 for NM Hrg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-04-2024
    
    Date: 06-04-2024
    Business: Adv. Sandip Ghogare for plaintiff present.
    Adv. Narendra Sawant for defendant no. 3 present.
    Matter is adjourned to 12-06-2024 for NM Hrg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-06-2024
    
    Date: 12-06-2024
    Business: I
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-07-2024
    
    Date: 12-06-2024
    Business: I
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-07-2024
    
    Date: 01-07-2024
    Business: Adv. Ghogare  a/w  plaintiff present.
    Adv.  Dholakia a/w  defendant no. 1  present.
    Heard Ld. Counsel for defendants on NM No. 2073/19.
    Matter is adjourned to 16-07-2024 for Order in NM No. 2073/19 .
    Next Purpose: NM  ORDERS
    Next Hearing Date: 16-07-2024
    
    Date: 16-07-2024
    Next Purpose: NM  ORDERS
    Next Hearing Date: 22-07-2024
    
    Date: 16-07-2024
    Business: Court is on leave.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 22-07-2024
    
    Date: 22-07-2024
    Business: Court is on leave.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 31-07-2024
    
    Date: 31-07-2024
    Business: Court is on leave.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 07-08-2024
    
    Date: 31-07-2024
    Business: Court is on leave.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 07-08-2024
    
    Date: 07-08-2024
    Business: CORAM:H.H.J.SHRI.R. S. ARADHYE(C.R.NO.62)
    Adv.Sandip Ghogare for plaintiff present.
    None for defendant present.
    Court is busy in passing the orders in C/S No.2165/2023, C/S No.2404/2023 and N/M No.312/2024 hence Matter is adjourned to 22/08/2024 for order on N/M.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 22-08-2024
    
    Date: 07-08-2024
    Business: CORAM:H.H.J.SHRI.R. S. ARADHYE(C.R.NO.62)
    Adv.Sandip Ghogare for plaintiff present.
    None for defendant present.
    Court is busy in passing the orders in C/S No.2165/2023, C/S No.2404/2023 and N/M No.312/2024 hence Matter is adjourned to 22/08/2024 for order on N/M.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 22-08-2024
    
    Date: 22-08-2024
    Business: Adv. Sandip Ghogare for plaintiff present.
    Defendant No.3 present.
    Lateron.
    As court is busy in another matter, this matter is adjourned.
    Matter is adjourned to  12.09.2024 for NM order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 12-09-2024
    
    Date: 22-08-2024
    Business: Adv. Sandip Ghogare for plaintiff present.
    Defendant No.3 present.
    Lateron.
    As court is busy in another matter, this matter is adjourned.
    Matter is adjourned to  12.09.2024 for NM order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 12-09-2024
    
    Date: 12-09-2024
    Business: Adv. Ghoghare a/w plaintiff present.
    Defendant no.2 in person present, his advocate absent. KB.
    L. O. at 4.35 PM.
    Adv. R. U. Dholakia for defendant No. 1 present.
    Court is busy in hearing other matter.
    Matter is adjourned to 13/09/2024 for NM order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 13-09-2024
    
    Date: 12-09-2024
    Business: Adv. Ghoghare a/w plaintiff present.
    Defendant no.2 in person present, his advocate absent. KB.
    L. O. at 4.35 PM.
    Adv. R. U. Dholakia for defendant No. 1 present.
    Court is busy in hearing other matter.
    Matter is adjourned to 13/09/2024 for NM order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 13-09-2024
    
    Date: 13-09-2024
    Business: Adv. Sarvesh Gawade for plaintiff present.
    None for defendant.
    Court is busy in Suit No.81/1987 High Court time bound  matter and heard Exh.67 and 74 so due to paucity of time order could not be passed.
    Matter is adjourned to 19.09.2024 for NM order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 19-09-2024
    
    Date: 13-09-2024
    Business: Adv. Sarvesh Gawade for plaintiff present.
    None for defendant.
    Court is busy in Suit No.81/1987 High Court time bound  matter and heard Exh.67 and 74 so due to paucity of time order could not be passed.
    Matter is adjourned to 19.09.2024 for NM order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 19-09-2024
    
    Date: 19-09-2024
    Business: Adv. Sandeep Ghogare alongwith plaintiff present.
    Defendant no. 2 in person present.
    F. R.S.R. following order is passed in NM No. 2073 of 2019.
    Order
    1. Notice of Motion No. 2073 of 2019 is hereby made absolute in terms of prayer clause (a) of the notice of motion.
    2. The defendants or their servants, agents or any other person claiming through them are hereby temporarily restrained from causing any type of disturbance or obstructions to plaintiffs use, occupation and possession of the suit premises till the final hearing of the suit.
    3. Notice of Motion No. 2073 of 2019 is accordingly disposed of.
    Nature Of Disposal: OTHER
    Disposal Date: 19-09-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 106270/2019
    Filing Date: 12-06-2019
    First Hearing Date: 20th June 2019
    Decision Date: 19th September 2024
    Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    19 Sept 2024

    Order Details: Notice of Motion Pdf Text: 1 NM No.2073/2019 MHCC010057532019 IN THE BOMBAY CITY CIVIL COURT AT MUMBAI NOTICE OF MOTION NO. 2073 OF 2019 IN S.C. SUIT NO. 1160 OF 2019 1. Mr. Pratapsingh Haribhau Sawant and Anr. ...Plaintiffs V/s. Mr. Jaysingh Haribhau Sawant and Ors. …Defendants Appearance Learned Adv. Mr. Sandip Ghogare for the plaintiffs. Learned Adv. Mr. Dholakia for defendant No. 1 CORAM : HHJ R. S. Aradhye (C.R.NO. 62) Date : 19th September, 2024 O…

    Read Full Order

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