NOTICE OF MOTION
Mahendra Roopchand JainVsManisha Vishal Jain And Ors - Applicant - Chavi Jain
CNR MHCC0100652720193-COURT 03 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 16th December 2021
TrustJury record updated 21 Sept 2026
Case Overview
- Registration Number
- 102368/2019
- Registration Date
- 28 Jun 2019
Advocates
2For Petitioner
For Respondent
Parties
2Petitioner
Acts & Sections
1Protection of Women from Domestic Violence Act · Sec 9
Case History / Proceedings
Case History
Date: 04-07-2019 Business: Adv.Bharat Jain for applicant/defendant No.1 is present and again requests for time to file affidavit of re-joinder. Adjd. to 15.07.2019 for filing re-joinder. Later on Adv. Jagdish Chomal for respondent/plaintiff is present. Adjd. to 15.07.2019 for filing re-joinder. Next Purpose: REJOINDER Next Hearing Date: 15-07-2019 Date: 15-07-2019 Business: Adv. Bharat Jain for applicant/defendant No.1 is present. Respondent No.1/plaintiff is present. Adv. Jagdish Choman for respondent/plaintiff is present. Respondent/defendant No.2 is present. Advocate for applicant tendered original notice of motion and rejoinder. Copy of rejoinder served to advocate for plaintiff and defendant No.2. Adjd. to 31.07.2019 for Hearing. Next Purpose: HEARING Next Hearing Date: 31-07-2019 Date: 31-07-2019 Business: Adv. Mr.Bharat Jain for applicant/defendant is present. Adv. Mr.Jagdish Chomal for respondent/plaintiff is present. Advocate for respondent/plaintiff filed Sur-Rejoinder. TOR and marked as Exh.12. Adjourned to 20.08.2019 for Hearing. Next Purpose: HEARING Next Hearing Date: 20-08-2019 Date: 20-08-2019 Business: Adv. Mr.Bharat Jain for applicant/defendant is present. Adv. Mr.Jagdish Chomal for respondent/plaintiff is present. Adjourned to 09.09.2019 for Hearing. Next Purpose: HEARING Next Hearing Date: 09-09-2019 Date: 09-09-2019 Business: Applicant/defendant No.1 is present. Her advocate is absent. Adv. Jagdish Chomal for respondent/plaintiff is present. Respondent/defendant No.2 is present. At the request of applicant, adjourned to 20.09.2019 for Hearing. Next Purpose: HEARING Next Hearing Date: 20-09-2019 Date: 20-09-2019 Business: THE HONBLE PRINCIPAL JUDGE IS ON LEAVE. Applicant present. Adv. Jagdish Chomal for respondent/plaintiff present. Adjourned to 15.10.2019 for hearing. Next Purpose: HEARING Next Hearing Date: 15-10-2019 Date: 15-10-2019 Business: Adv. Bharat Jain for applicant/defendant No.1 is present. Adv. Jagdish Chomal for respondent/plaintiff is present. Defendant No.2/respondent and advocate absent. Adjourned to 20.11.2019 for Hearing. Next Purpose: HEARING Next Hearing Date: 20-11-2019 Date: 20-11-2019 Business: Applicant is present. Adv. Jagdish Chomal for respondent/plaintiff is present. Adjourned to 04.12.2019 for Hearing. Next Purpose: HEARING Next Hearing Date: 04-12-2019 Date: 04-12-2019 Business: Adv. Bharat Jain for applicant/defendant is present. Adv. Jagdish Chomal for respondent/plaintiff is present. Respondent/defendant No.2 is present. In view of the telephonic intimation of Shri. Chandekar, P.P.S. to the Honble Chief Justice, the Judicial Work is stopped by H. H. Principal Judge. Adjourned to 18.12.2019 for Hearing. Next Purpose: HEARING Next Hearing Date: 18-12-2019 Date: 18-12-2019 Business: None present for applicant/defendant No.1. Adv. Jagdish Chomal for respondent/plaintiff is present. None present for respondent/defendant No.2. KB Applicant/defendant No.1 is present. Advocate for applicant is absent. Adv. Jagdish Chomal for respondent/plaintiff is present. None present for respondent/defendant No.2. Applicant submits that her advocate is not keeping well and prays for adjournment. Hence adjourned to 15.01.2020 for Hearing. Next Purpose: HEARING Next Hearing Date: 15-01-2020 Date: 15-01-2020 Business: Adv. Bharat Jain for applicant/defendant No.1 is present. Adv. Jagdish Chomal for respondent/plaintiff is present. Advocates to keep their clients present on next date to explore the possibility of settlement. Adjourned to 29.01.2020 for Hearing. Next Purpose: HEARING Next Hearing Date: 29-01-2020 Date: 29-01-2020 Business: Applicant is present. Adv. Bharat Jain for applicant/defendant No.1 is present. Respondent is present. Adv. Jagdish Chomal for respondent/plaintiff is present. Heard both the sides. Adjourned to 29.02.2020 for Further Hearing. Next Purpose: HEARING Next Hearing Date: 29-02-2020 Date: 29-02-2020 Business: Applicant/defendant No. Manisha Vishal Jain is present. Respondent/defendant No.2 Vishal Jain is present. Adv. Jagdish Chomal for respondents/plaintiff is present. Adjourned to 19.03.2020 for Hearing. Next Purpose: HEARING Next Hearing Date: 19-03-2020 Date: 19-03-2020 Business: None present for applicant. Adv. Jagdish Chomal for respondent/plaintiff is present. Adjourned to 16.04.2020 for Hearing. Next Purpose: HEARING Next Hearing Date: 16-04-2020 Date: 16-04-2020 Reason For Adjournment: National Lock Down Next Purpose: HEARING Next Hearing Date: 05-05-2020 Date: 05-05-2020 Reason For Adjournment: National Lock Down Next Purpose: HEARING Next Hearing Date: 27-05-2020 Date: 27-05-2020 Reason For Adjournment: National Lock Down Next Purpose: HEARING Next Hearing Date: 12-06-2020 Date: 12-06-2020 Reason For Adjournment: National Lock Down Next Purpose: HEARING Next Hearing Date: 26-06-2020 Date: 26-06-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: HEARING Next Hearing Date: 24-07-2020 Date: 24-07-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: HEARING Next Hearing Date: 27-08-2020 Date: 27-08-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: HEARING Next Hearing Date: 05-09-2020 Date: 05-09-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: HEARING Next Hearing Date: 03-10-2020 Date: 03-10-2020 Business: Both sides absent. Due to COVID-19 adjourned to 26.10.2020 for Hearing. Next Purpose: HEARING Next Hearing Date: 26-10-2020 Date: 26-10-2020 Business: Both sides absent. Due to COVID-19 adjourned to 26.11.2020 for Hearing. Next Purpose: HEARING Next Hearing Date: 26-11-2020 Date: 26-11-2020 Business: Both sides absent. Due to COVID-19 adjourned to 17.12.2020 for Hearing. Next Purpose: HEARING Next Hearing Date: 17-12-2020 Date: 17-12-2020 Business: None present for applicant. None present for respondent. Parties to remain present on next date positively. Adjourned to 11.01.2021 for Hearing. Next Purpose: HEARING Next Hearing Date: 11-01-2021 Date: 11-01-2021 Business: Adv. Supriya S. Gupta h/f Adv. Shravan Vyas for applicant/plaintiff is present and files vakalatnama of Adv. Shravan M. Vyas for applicant/plaintiff. TOR and marked as Exh.13. None present for respondent/defendant. Since nobody appear for respondent, matter adjourned to 09.02.2021 for Hearing. Next Purpose: HEARING Next Hearing Date: 09-02-2021 Date: 09-02-2021 Business: None present for applicant/defendant. Adv. Shravan M. Vyas for respondents/plaintiff is present. Adjourned to 24.02.2021 for Hearing. Next Purpose: HEARING Next Hearing Date: 24-02-2021 Date: 24-02-2021 Business: None present for applicant. Adv. Shravan Vyas for respondent is present. Since nobody appears for applicant, by way of last opportunity matter is adjourned to 24.03.2021 for Hearing. Next Purpose: HEARING Next Hearing Date: 24-03-2021 Date: 24-03-2021 Business: Adv. Bharat L. Jain for applicant/Deft-1 is present and files written submissions. TOR and marked as Exh.14. Adv. Shravan M. Vyas for respondent/plaintiff is present. Ld. advocate for applicant seeks time to satisfy whether the present notice of motion is maintainable albeit bar to the suit u/s.3-A of O-23 of CPC. Adjourned to 31.03.2021 for Hearing. Next Purpose: HEARING Next Hearing Date: 31-03-2021 Date: 31-03-2021 Business: None present for applicant. Adv. Shravan Vyas for respondent/plaintiff is present. Since nobody appears for applicant, matter adjourned to 28.04.2021 for Hearing. Next Purpose: HEARING Next Hearing Date: 28-04-2021 Date: 28-04-2021 Business: None present for Applicant/Defendant No. 1. None present for respondents/Plaintiff and Defendant No. 2. Due to COVID-19, matter adjourned to 07.06.2021 for hearing. Next Purpose: HEARING Next Hearing Date: 07-06-2021 Date: 07-06-2021 Business: None present for applicant. None present for respondent. Due to Covid-19, adjourned to 21.06.2021 for Hearing. Next Purpose: HEARING Next Hearing Date: 21-06-2021 Date: 21-06-2021 Business: None present for applicant. None present for respondent. Adjourned to 07.07.2021 for Hearing. Next Purpose: HEARING Next Hearing Date: 07-07-2021 Date: 07-07-2021 Business: None present for the parties. Due to COVID-19, adjourned to 06.08.2021 for Hearing. Next Purpose: HEARING Next Hearing Date: 06-08-2021 Date: 06-08-2021 Business: Court is vacant. Next Purpose: HEARING Next Hearing Date: 17-09-2021 Date: 17-09-2021 Business: Matter called out at 3.19 pm none present. Matter stands adjourned to 16-12-2021 NM hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 16-12-2021 Date: 16-12-2021 Business: Matter mentioned at 4.26 p.m. Adv. Shravan Vyas for Respondent No.1 present. NM No.2368/19. Defendant No.1 tendered present NM for setting aside consent decree passed in pursuance of consent terms dated 11.07.2018. Alternatively, she prayed for modification of the condition and sought extension of time of handing over possession till education of her children would be completed. The NM is opposed by the plaintiff by filing say. Heard Ld. Advocate for the plaintiff. Perused written submissions of the Deft. No.1. The Deft. No.1 seeking setting aside of the consent decree on the ground that as per decree her children are not agreeable to handover vacant possession to the plaintiff. The Deft. No.1 admitted that she has accepted part consideration of the agreed amount. The reason cited is not justified in view of Order 23 of CPC. Consent decree once passed cannot be set aside unless such compromise is void or voidable. The ground raised are not tenable in the law. Therefore, NM No.2368/19 stands dismissed. Nature Of Disposal: DISMISSED Disposal Date: 16-12-2021
Additional Case Details
Additional Case Details
Filing Number: 107013/2019 Filing Date: 28-06-2019 First Hearing Date: 04th July 2019 Decision Date: 16th December 2021 Court Number And Judge: 3-COURT 03 ADDL SESSIONS JUDGE
Orders
1Final Order 116 Dec 2021
16 Dec 2021
Order Details: Other Pdf Text: 16.12.2021 Sr. No. 61 NM 2368/19 (SU 1884/17) CORAM :- H.H.J. SHRI.A.H.LADDHAD (C.R. 03) Matter mentioned at 4.26 p.m. Adv. Shravan Vyas for Respondent No.1 present. NM No.2368/19. Defendant No.1 tendered present NM for setting aside consent decree passed in pursuance of consent terms dated 11.07.2018. Alternatively, she prayed for modification of the condition and sought extension of time of handing over possession till education of her children would be completed. The NM is opposed by the plaintiff by filing say. Heard Ld. Advocate for the plaintiff. Perused written submissions of the Deft. No.1. The Deft. No.1 seeking setting aside of the consent decree on the ground that as per decree her children are not agreeable to handover vacant possession to the plaintiff. The Deft. No.1 admitted that she has accepted part consideration of the agreed amount. The reason cited is not justified in view of Order 23 of CPC. Consent decree once passed cannot be set aside unless such compromise is void or voidable. The ground raised are not tenable in the law. Therefore, NM No.2368/19 stands dismissed. Judge -- 1 of 1 --
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