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NOTICE OF MOTION

Sanika Vijay ThakurVsAakruti Builders And Developers And Ors

CNR MHCC0100618720193-COURT 03 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 18th May 2022

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
102252/2019
Registration Date
21 Jun 2019

Advocates

2

For Petitioner

For Respondent

Parties

2

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec 9

Case History / Proceedings

Case History
Date: 22-08-2019
Business: Adv. Bijal Shah for plaintiff present.
Adv. Poonam Gandharv for defendant no. 3(a) to 3(c) present and filed VP and original NM no. 2252/19 and 2260/19 along with affidavit. Copy served on other side.
Vakalatnama on behalf defendant no. 3(a) to 3(c).
Ld. counsel for plaintiff submitted that she wants time to file reply to the NM. Time granted.
Matter stands Adj for reply to NM no. 2252/19 and 2260/19  on 04.10.19.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 04-10-2019

Date: 04-10-2019
Business: Court is busy in recording evidence of PW-1 in suit no. 7609/04.
Hence, Matter stands Adj for rejoinder to 14.11.19.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 14-11-2019

Date: 14-11-2019
Business: Adv. Pallavi Gandhi for plaintiff present.
Adv. Poonam for defendant present.
By consent, Matter stands Adj for reply to 09.01.20.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 09-01-2020

Date: 09-01-2020
Business: Adv. Pallavi Gandhi for plaintiff present.
Adv. Gandharv for defendant 3(a) to 3(c) present and seeks time to file reply. Time granted.
Matter stands Adj for filing reply to NM on 21.02.2020
Next Purpose: REPLY
Next Hearing Date: 21-02-2020

Date: 21-02-2020
Business: Court is busy in dictating Order in suit no. 2434/17 and 9750/77. Hence, board is discharged.
Matter stands Adj for reply to 24.03.2020.
Next Purpose: REPLY
Next Hearing Date: 24-03-2020

Date: 24-03-2020
Business: adjourned
Next Purpose: REPLY
Next Hearing Date: 03-04-2020

Date: 03-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 17-04-2020

Date: 17-04-2020
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: REPLY
Next Hearing Date: 06-05-2020

Date: 06-05-2020
Business: In view of declaration of Novel Corona Virus(COVID-19) as global pandemic by WHO and as per office order No. 77 of 2020, matter adjourned.
Next Purpose: REPLY
Next Hearing Date: 28-05-2020

Date: 28-05-2020
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: REPLY
Next Hearing Date: 15-06-2020

Date: 15-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 10-08-2020

Date: 10-08-2020
Business: None present for plaintiff and defendant.
Matter stands Adj for Reply to 03.11.2020
Next Purpose: REPLY
Next Hearing Date: 03-11-2020

Date: 03-11-2020
Business: Court is on leave
Next Purpose: REPLY
Next Hearing Date: 04-01-2021

Date: 04-01-2021
Business: Advocate Matkar for Plaintiff present and submits that he won\''t be filing reply on notices of motions. He will orally argue.
None for defendants.
The matter is adjourned to 19.01.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-01-2021

Date: 19-01-2021
Business: Advocate Patel h/f adv. Matkar for plaintiff present.
Advocate Ms. Poonam Gandharv for defendant no.3(a) to 3(c) present.
By consent the case is adjourned to 04.02.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-02-2021

Date: 04-02-2021
Business: None for plaintiff.
Advocate Redekar for Defendant no.3(a) to 3(c) present.
The case is adjourned to  04.03.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-03-2021

Date: 04-03-2021
Business: Advocate Ms.Pallavi Patel h/f adv. Matkar for plaintiff present and seeks time.
Advocate Redekar for defendant present.
The case is adjourned to 15.04.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-04-2021

Date: 15-04-2021
Business: Declared holiday as per Office Order 79 of 2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-07-2021

Date: 03-07-2021
Business: In view of office order No. 120/2021 dtd. 04.06.2021  of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dtd. 16.04.2021 issued by Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases and the views of stakeholders, the matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-09-2021

Date: 06-09-2021
Business: Matter called out at 04.21 p.m.
None present.
Matter stands adjourned to 05.10.2021 for NM hearing.
Later on at 04.56 p.m.
Adv. Bijal Shah h/f Rajeev Matkar for plaintiff present.
Adv. S. S. Redekar for Defendant present.
Matter already stands adjourned to 05.10.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-10-2021

Date: 06-09-2021
Business: Matter called out at 04.21 p.m.
None present.
Matter stands adjourned to 05.10.2021 for NM hearing.
Later on at 04.56 p.m.
Adv. Bijal Shah h/f Rajeev Matkar for plaintiff present.
Adv. S. S. Redekar for Defendant present.
Matter already stands adjourned to 05.10.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-10-2021

Date: 06-09-2021
Business: Matter called out at 04.21 p.m.
None present.
Matter stands adjourned to 05.10.2021 for NM hearing.
Later on at 04.56 p.m.
Adv. Bijal Shah h/f Rajeev Matkar for plaintiff present.
Adv. S. S. Redekar for Defendant present.
Matter already stands adjourned to 05.10.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-10-2021

Date: 05-10-2021
Business: Adv. Sanika Patre h/f Rajeev Matkar for plaintiff present.
Adv. S. S. Redekar I/b Adv. Poonam Gondhanave for Deft. No.3(a) to (c) present.
As court is busy in hearing final argument in SU No.3002/04. Hence,
matter stands adjourned to 29.11.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-11-2021

Date: 05-10-2021
Business: Adv. Sanika Patre h/f Rajeev Matkar for plaintiff present.
Adv. S. S. Redekar I/b Adv. Poonam Gondhanave for Deft. No.3(a) to (c) present.
As court is busy in hearing final argument in SU No.3002/04. Hence,
matter stands adjourned to 29.11.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-11-2021

Date: 05-10-2021
Business: Adv. Sanika Patre h/f Rajeev Matkar for plaintiff present.
Adv. S. S. Redekar I/b Adv. Poonam Gondhanave for Deft. No.3(a) to (c) present.
As court is busy in hearing final argument in SU No.3002/04. Hence,
matter stands adjourned to 29.11.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-11-2021

Date: 29-11-2021
Business: Matter called out at 3.23 p.m.
Adv. Sayali Patil for plaintiff present.
Adv. S. S. Redekar I/b M/s. AP Associates for Deft. No.3(a) to (c) present.
Adv. Sayali Patil for plaintiff filed adjournment application on the ground that advocate on record not keeping well. TOR. Exh.6.
O-granted subject to production of medical certificate on next date.
It appears that plaintiff till date did not file reply to NM.  Hence, matter be proceeded for passing of no reply order.
Matter stands adjourned to 18.12.2021 for reply.
Next Purpose: REPLY
Next Hearing Date: 18-12-2021

Date: 29-11-2021
Business: Matter called out at 3.23 p.m.
Adv. Sayali Patil for plaintiff present.
Adv. S. S. Redekar I/b M/s. AP Associates for Deft. No.3(a) to (c) present.
Adv. Sayali Patil for plaintiff filed adjournment application on the ground that advocate on record not keeping well. TOR. Exh.6.
O-granted subject to production of medical certificate on next date.
It appears that plaintiff till date did not file reply to NM.  Hence, matter be proceeded for passing of no reply order.
Matter stands adjourned to 18.12.2021 for reply.
Next Purpose: REPLY
Next Hearing Date: 18-12-2021

Date: 29-11-2021
Business: Matter called out at 3.23 p.m.
Adv. Sayali Patil for plaintiff present.
Adv. S. S. Redekar I/b M/s. AP Associates for Deft. No.3(a) to (c) present.
Adv. Sayali Patil for plaintiff filed adjournment application on the ground that advocate on record not keeping well. TOR. Exh.6.
O-granted subject to production of medical certificate on next date.
It appears that plaintiff till date did not file reply to NM.  Hence, matter be proceeded for passing of no reply order.
Matter stands adjourned to 18.12.2021 for reply.
Next Purpose: REPLY
Next Hearing Date: 18-12-2021

Date: 18-12-2021
Business: Matter mentioned at 3.05 p.m.
Adv. Rajeev Matkar for plaintiff present.
Adv. S. S. Redekar for Deft. No.3(a) to (c) present.
It appears that plaintiff filed suit against partnership firm and its partner.  Admittedly, Deft. No.3 who was one of the partner, during pendency of the suit expired. Even though, LRs of such partner are brought on record but unless and until liability of LRs are not provided under partnership deed, the LRs of Deft. No.3 are not liable for the act done by the partner and partnership firm.  Therefore, both the parties are directed to produce deed of partnership with present partners so that necessary orders can be passed in the matter and trial can be proceeded only against necessary parties. By consent, matter stands adjourned to 15.01.2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 15-01-2022

Date: 18-12-2021
Business: Matter mentioned at 3.05 p.m.
Adv. Rajeev Matkar for plaintiff present.
Adv. S. S. Redekar for Deft. No.3(a) to (c) present.
It appears that plaintiff filed suit against partnership firm and its partner.  Admittedly, Deft. No.3 who was one of the partner, during pendency of the suit expired. Even though, LRs of such partner are brought on record but unless and until liability of LRs are not provided under partnership deed, the LRs of Deft. No.3 are not liable for the act done by the partner and partnership firm.  Therefore, both the parties are directed to produce deed of partnership with present partners so that necessary orders can be passed in the matter and trial can be proceeded only against necessary parties. By consent, matter stands adjourned to 15.01.2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 15-01-2022

Date: 18-12-2021
Business: Matter mentioned at 3.05 p.m.
Adv. Rajeev Matkar for plaintiff present.
Adv. S. S. Redekar for Deft. No.3(a) to (c) present.
It appears that plaintiff filed suit against partnership firm and its partner.  Admittedly, Deft. No.3 who was one of the partner, during pendency of the suit expired. Even though, LRs of such partner are brought on record but unless and until liability of LRs are not provided under partnership deed, the LRs of Deft. No.3 are not liable for the act done by the partner and partnership firm.  Therefore, both the parties are directed to produce deed of partnership with present partners so that necessary orders can be passed in the matter and trial can be proceeded only against necessary parties. By consent, matter stands adjourned to 15.01.2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 15-01-2022

Date: 15-01-2022
Business: Matter called out at 11.56 a.m.
None present for plaintiff.
Adv. Poonam Gandharave for Deft. No.3(a) to 3(c) gave her appearance through VC. She sought time, time granted.
Matter stands adjourned to 22.02.2022 for compliance.
Later on at 2.46 p.m.
Adv. S. S. Redekar for plaintiff present.
Already adjourned to 22.02.2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 22-02-2022

Date: 15-01-2022
Business: Matter called out at 11.56 a.m.
None present for plaintiff.
Adv. Poonam Gandharave for Deft. No.3(a) to 3(c) gave her appearance through VC. She sought time, time granted.
Matter stands adjourned to 22.02.2022 for compliance.
Later on at 2.46 p.m.
Adv. S. S. Redekar for plaintiff present.
Already adjourned to 22.02.2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 22-02-2022

Date: 15-01-2022
Business: Matter called out at 11.56 a.m.
None present for plaintiff.
Adv. Poonam Gandharave for Deft. No.3(a) to 3(c) gave her appearance through VC. She sought time, time granted.
Matter stands adjourned to 22.02.2022 for compliance.
Later on at 2.46 p.m.
Adv. S. S. Redekar for plaintiff present.
Already adjourned to 22.02.2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 22-02-2022

Date: 22-02-2022
Business: Matter called out at 3.22 p.m.
Adv. Rakhi Tawde for plaintiff present.
Adv. S. S. Redekar for Deft. No.3(a) to (c) present. He tendered partnership deed dated 05.11.2016 and relinquishment deed. TOR.
Copy supplied to the other side.
Matter stands adjourned to 09.03.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-03-2022

Date: 22-02-2022
Business: Matter called out at 3.22 p.m.
Adv. Rakhi Tawde for plaintiff present.
Adv. S. S. Redekar for Deft. No.3(a) to (c) present. He tendered partnership deed dated 05.11.2016 and relinquishment deed. TOR.
Copy supplied to the other side.
Matter stands adjourned to 09.03.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-03-2022

Date: 22-02-2022
Business: Matter called out at 3.22 p.m.
Adv. Rakhi Tawde for plaintiff present.
Adv. S. S. Redekar for Deft. No.3(a) to (c) present. He tendered partnership deed dated 05.11.2016 and relinquishment deed. TOR.
Copy supplied to the other side.
Matter stands adjourned to 09.03.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-03-2022

Date: 09-03-2022
Business: Matter called out at 3.22 p.m.
Adv. Chitra Burhade for plaintiff. She tendered written submission
Adv. S. S. Redekar I/b AP Assoc. for Deft. No.3(a) to 3(c) present.
Heard both the sides on NM No.2252/19 and NM No.2260/19.
Put up for NM orders.
Matter stands adjourned to 04.04.2022 for NM orders.
Next Purpose: NM  ORDERS
Next Hearing Date: 04-04-2022

Date: 09-03-2022
Business: Matter called out at 3.22 p.m.
Adv. Chitra Burhade for plaintiff. She tendered written submission
Adv. S. S. Redekar I/b AP Assoc. for Deft. No.3(a) to 3(c) present.
Heard both the sides on NM No.2252/19 and NM No.2260/19.
Put up for NM orders.
Matter stands adjourned to 04.04.2022 for NM orders.
Next Purpose: NM  ORDERS
Next Hearing Date: 04-04-2022

Date: 09-03-2022
Business: Matter called out at 3.22 p.m.
Adv. Chitra Burhade for plaintiff. She tendered written submission
Adv. S. S. Redekar I/b AP Assoc. for Deft. No.3(a) to 3(c) present.
Heard both the sides on NM No.2252/19 and NM No.2260/19.
Put up for NM orders.
Matter stands adjourned to 04.04.2022 for NM orders.
Next Purpose: NM  ORDERS
Next Hearing Date: 04-04-2022

Date: 04-04-2022
Business: Matter called out at 3.13 p.m.
Adv. Chitra Burhade for plaintiff present.
Orders not passed.
Matter stands adjourned to 18.04.2022 for NM orders.
Later on Adv. S. S. Redekar for Deft. No.3(a) to 3(c) present.
Already adjourned to 18.04.2022.
Next Purpose: NM  ORDERS
Next Hearing Date: 18-04-2022

Date: 04-04-2022
Business: Matter called out at 3.13 p.m.
Adv. Chitra Burhade for plaintiff present.
Orders not passed.
Matter stands adjourned to 18.04.2022 for NM orders.
Later on Adv. S. S. Redekar for Deft. No.3(a) to 3(c) present.
Already adjourned to 18.04.2022.
Next Purpose: NM  ORDERS
Next Hearing Date: 18-04-2022

Date: 04-04-2022
Business: Matter called out at 3.13 p.m.
Adv. Chitra Burhade for plaintiff present.
Orders not passed.
Matter stands adjourned to 18.04.2022 for NM orders.
Later on Adv. S. S. Redekar for Deft. No.3(a) to 3(c) present.
Already adjourned to 18.04.2022.
Next Purpose: NM  ORDERS
Next Hearing Date: 18-04-2022

Date: 18-04-2022
Business: Adv. Chitra Burhade for plaintiff present.
Adv. Redekar for Deft. no.3(a) to (c) present.
Both the parties filed joint pursis to keep the matter in vacation. TOR.
As court is busy in dictating judgment in Suit no.26/2010.
Matter stands adjourned to 18.05.2022 for NM orders.
Next Purpose: NM  ORDERS
Next Hearing Date: 18-05-2022

Date: 18-04-2022
Business: Adv. Chitra Burhade for plaintiff present.
Adv. Redekar for Deft. no.3(a) to (c) present.
Both the parties filed joint pursis to keep the matter in vacation. TOR.
As court is busy in dictating judgment in Suit no.26/2010.
Matter stands adjourned to 18.05.2022 for NM orders.
Next Purpose: NM  ORDERS
Next Hearing Date: 18-05-2022

Date: 18-04-2022
Business: Adv. Chitra Burhade for plaintiff present.
Adv. Redekar for Deft. no.3(a) to (c) present.
Both the parties filed joint pursis to keep the matter in vacation. TOR.
As court is busy in dictating judgment in Suit no.26/2010.
Matter stands adjourned to 18.05.2022 for NM orders.
Next Purpose: NM  ORDERS
Next Hearing Date: 18-05-2022

Date: 18-05-2022
Business: None present.
F.R.S.R. following order is passed.
                     Order
1. NM No.2252/19 is hereby allowed.
2. NM No. 1211/2013 be restored to it\''s file.
3. Parties to bear their own cost.
4. NM No. 2252/2019 is disposed of accordingly.
Matter stands adjourned to 29.06.2022 for NM hearing.
At 01.30 pm.
Adv. Himalaya Chaudhari I/b Adv. Shailesh Redekar for Deft.nos.  3a to 3C present.
At 01.45 pm
Adv. Sayali Patil h/f Adv. Rajiv Matkar for plaintiff present.
Nature Of Disposal: ALLOWED
Disposal Date: 18-05-2022

Additional Case Details

Additional Case Details
Filing Number: 106676/2019
Filing Date: 21-06-2019
First Hearing Date: 22nd August 2019
Decision Date: 18th May 2022
Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE

Orders

1
Final Order 1Full order available
18 May 2022

Order Details: Notice of Motion Pdf Text: 1 NM 2252/19(suit 4808/12) MHCC010061872019 IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI NOTICE OF MOTION NO.2252/2019 IN NOTICE OF MOTION NO. 1211 OF 2013 IN S. C. SUIT NO.4808/2012 3 (a) Smt. Shushila Sanjay Jain 3 (b) Shri DarshSanjay Jain 3(c) Kum. Palak Sanjay Jain ... Applicant/Defendants In the matter between : Sanika Vijay Thakur ... Plaintiffs V/s. Aakruti Builders and Developers & Ors. .. Defendants Appearances : Adv. Chitra Burhade…

Read Full Order

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