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NOTICE OF MOTION

Chandraben Prakash Jain Suit St. No. 5337 of 2019VsPraveen Juharmal Chauhan and Anr.

CNR MHCC0100681720192-COURT 02 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 30th July 2026

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
102472/2019
Registration Date
05 Jul 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: 13-07-2019
    Business: Both parties and their Adv absent.
    Matter already Adj to 24/07/2019.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 24-07-2019
    
    Date: 24-07-2019
    Business: Adv. J.P.Singh for Plaintiff present.
    He tendered original NM No.2312/19 t.o.r.
    Adv. Uma Sharma for defendant present.
    She filed reply to NM on behalf of defendant no.1 t.o.r.
    Copy is served to other side.
    She made statement that reply filed by defendant no.1 is adopted by defendant no.2 and filed pursis adopting it.
    Adj for NM hearing to 07.08.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-08-2019
    
    Date: 07-08-2019
    Business: Adv. J.P.Singh for Plaintiff present.
    Adv. Dharam Sharma for defendant present.
    Affidavit in rejoinder to reply of defendant nos.1 and 2 filed by Adv for Plaintiff t.o.r.
    K.B.
    L.O.
    Plaintiff is present.
    Defendant is present.
    Parties are real brother and sister. There is element of settlement. Therefore, matter is referred for mediation.
    Parties are directed to appear before Mediator on 22.08.2019.
    Adj for mediation report to 07.09.2019.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 07-09-2019
    
    Date: 07-09-2019
    Business: Adv. Vikram Singh For Plaintiff present.
    Defendant present.
    Mediation report is awaited. Therefore matter is adjourned for mediation report.
    Adjd for Mediation Report to 11/10/2019.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 11-10-2019
    
    Date: 11-10-2019
    Business: As P.O. is proceeded to Nashik to attend Regional Conference,
    board discharge and adjd. to 26.11.2019
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 26-11-2019
    
    Date: 26-11-2019
    Business: Adv. Bipin Chandra for plaintiff present.
    Defendant no 1 present.
    Ex 3 Received mediation report.
    Mediation failed.
    Defendant no 1 sought time to file reply to NM 2472/19
    O- Time is granted.
    Matter is adjourned for NM reply to 2472/ 19 and hearing on NM 2312/19.
    Adjd. For reply and hearing to 13.12.2019.
    Next Purpose: REPLY
    Next Hearing Date: 13-12-2019
    
    Date: 13-12-2019
    Business: Adv. J.P. Singh for plaintiff present.
    Adv. Waghmare for defendants present.
    He sought time to file reply to NM 2472/19.
    Time is granted as last chance.
    Adjourned for reply to 13.01.2020
    Next Purpose: REPLY
    Next Hearing Date: 13-01-2020
    
    Date: 13-01-2020
    Business: As PO is on Leave
    Next Purpose: REPLY
    Next Hearing Date: 22-01-2020
    
    Date: 22-01-2020
    Business: Adv. Ajakumar for plaintiff present.
    Adv. Sachin Chaudhari for defendants present.
    Defendant No. 1 present.
    He filed reply to NM 2472/19 t.o.r.
    Copy given to other side.
    Adjourned for NM hearing to 15.02.2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-02-2020
    
    Date: 15-02-2020
    Business: Adv Vikram Singh for plff present.
    Adv Dharam Sharma for deft present.
    Both parties submitted that there are chances of settlement between the parties.  Hence, sought adjournment.  Granted.
    With consent of both parties, matter stands Adj for NM hearing to 16/03/2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-03-2020
    
    Date: 16-03-2020
    Business: Adv Ajay Kumar for plff present.
    Deft and his Adv absent.
    Matter stands Adj for NM hearing to 22/04/2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-04-2020
    
    Date: 22-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-05-2020
    
    Date: 22-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-05-2020
    
    Date: 22-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-05-2020
    
    Date: 13-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-06-2020
    
    Date: 13-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-06-2020
    
    Date: 13-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-06-2020
    
    Date: 02-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-06-2020
    
    Date: 19-06-2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-10-2020
    
    Date: 03-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-12-2020
    
    Date: 03-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-12-2020
    
    Date: 03-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-12-2020
    
    Date: 03-12-2020
    Business: None present.
    Matter stands Adj for NM Hearing to 30/01/2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-01-2021
    
    Date: 30-01-2021
    Business: Adv J. P. Singh for plff present.
    Deft no. 1 in person present.
    Matter stands Adj for NM Hearing to 04/03/2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-03-2021
    
    Date: 04-03-2021
    Business: Plff present.
    Adv J. P. Singh for plff present.
    Deft present.
    Adv Sachin Choudhari for deft present.
    He seeks time for NM Hearing on the ground that his senior has taken COVID-19 vaccine.  Granted.
    With consent of both parties, matter stands Adj for NM Hearing to 07/04/2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-04-2021
    
    Date: 07-04-2021
    Business: None present.
    Adjd for NM Hearing to 18.06.2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-06-2021
    
    Date: 18-06-2021
    Business: Due to Coivd - 19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 31-07-2021
    
    Date: 31-07-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-09-2021
    
    Date: 20-09-2021
    Business: Plff present.
    Adv Ajinkya Lokare for plff present.
    Deft present and his Adv absent.
    They submitted that settlement talks is going on.
    Matter stands Adj for NM Hearing to 09/11/2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-11-2021
    
    Date: 09-11-2021
    Business: None for plff.
    Deft present and his Adv absent.
    He submitted that settlement talk is still going on between the parties.
    Matter stands Adj for NM Hearing to 13/01/2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-01-2022
    
    Date: 13-01-2022
    Business: Due to Covid - 19 matter adjd to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-03-2022
    
    Date: 04-03-2022
    Business: Adv Jiten Saroj for plff present.
    Deft present and his Adv absent.
    Both parties submitted that settlement talks is going on and matter is likely to be settled.
    Hence matter stands Adj for NM Hearing to 16/04/2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-04-2022
    
    Date: 16-04-2022
    Business: Adv Saroj Jiten for plff present.
    None for deft.
    Adv for plff submitted that settlement talk is going on.
    Matter stands Adj for NM Hearing to 21/06/2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-06-2022
    
    Date: 21-06-2022
    Business: Plaintiff present.
    Adv. Jiten Saroj for plaintiff present.
    None for defendant.
    Advocate for plaintiff made statement that settlement talk are in progress.
    Matter is adjd for hearing on n/m to 06/08/2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-08-2022
    
    Date: 06-08-2022
    Business: Both parties and their advocate are absent.
    Parties are directed to give CTS number of suit property.
    Matter is adjd for n/m hearing to 01/10/2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-10-2022
    
    Date: 01-10-2022
    Business: Plaintiff present and her advocate absent.
    She seek time for n/m hearing. Time granted.
    None for defendant present.
    Matter is between sister and brother. There is chance of settlement, hence matter be kept before Lok-adalat.
    Parties are directed to give CTS number of suit property.
    Matter is adjd for hearing to 7/11/2022.
    Next Purpose: HEARING
    Next Hearing Date: 07-11-2022
    
    Date: 07-11-2022
    Business: Adv.  Jitesh Saroj for plaintiff present.
    None for defendant present.
    Issue notice to parties for appearance before Lok-adalt.
    Parties are directed to give CTS number of suit property.
    Matter is adjd for settlement to 12/11/2022.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 12-11-2022
    
    Date: 12-11-2022
    Business: None present for plaintiff.
    Defendant present.
    Matter not settled.
    Adjd to 5.01.2023.
    Next Purpose: FOR___________________
    Next Hearing Date: 05-01-2023
    
    Date: 05-01-2023
    Business: Plaintiff and defendant present and their advocate absent.
    He seek time for hearing. Time granted.
    Matter adjourned to 03/03/2023 for hearing on the request of plaintiff.
    Next Purpose: HEARING
    Next Hearing Date: 03-03-2023
    
    Date: 03-03-2023
    Business: Plaintiff present and her advocate absent.
    She seek time for hearing. Time granted.
    Adv. Sushant Ghadge for defendant present.
    Defendant present.
    Matter adjourned for hearing to 08/06/2023 on the request of parties.
    Next Purpose: HEARING
    Next Hearing Date: 08-06-2023
    
    Date: 08-06-2023
    Business: Both parties and advocate absent.
    LO at 3.15 P.M.
    Defendant present.
    Adv. Mr. Vicky Kamate h.f Adv. J.P. Singh for plaintiff present.
    Matter adjourned for hearing on 27.07.2023.
    Next Purpose: HEARING
    Next Hearing Date: 27-07-2023
    
    Date: 27-07-2023
    Business: Plaintiff present and seeks time. O- Granted.
    Defendant present.
    Both the parties advocates are absent.
    Matter adjourned for hearing on 04.09.2023.
    Next Purpose: HEARING
    Next Hearing Date: 04-09-2023
    
    Date: 27-07-2023
    Business: Plaintiff present and seeks time. O- Granted.
    Defendant present.
    Both the parties advocates are absent.
    Matter adjourned for hearing on 04.09.2023.
    Next Purpose: HEARING
    Next Hearing Date: 04-09-2023
    
    Date: 27-07-2023
    Business: Plaintiff present and seeks time. O- Granted.
    Defendant present.
    Both the parties advocates are absent.
    Matter adjourned for hearing on 04.09.2023.
    Next Purpose: HEARING
    Next Hearing Date: 04-09-2023
    
    Date: 04-09-2023
    Business: Adv J.P. Singh for plaintiff is present.
    Defendant is present and his advocate absent.
    Defendant seeks time and last chance is granted.
    Matter adjourned for hearing to 12/10/2023.
    Next Purpose: HEARING
    Next Hearing Date: 12-10-2023
    
    Date: 04-09-2023
    Business: Adv J.P. Singh for plaintiff is present.
    Defendant is present and his advocate absent.
    Defendant seeks time and last chance is granted.
    Matter adjourned for hearing to 12/10/2023.
    Next Purpose: HEARING
    Next Hearing Date: 12-10-2023
    
    Date: 12-10-2023
    Business: PO is on leave.
    Next Purpose: HEARING
    Next Hearing Date: 20-11-2023
    
    Date: 12-10-2023
    Business: PO is on leave.
    Next Purpose: HEARING
    Next Hearing Date: 20-11-2023
    
    Date: 12-10-2023
    Business: PO is on leave.
    Next Purpose: HEARING
    Next Hearing Date: 20-11-2023
    
    Date: 20-11-2023
    Business: Plaintiff and defendant present.
    Advocate Mr. Santosh Thakur h.f. Advocate J.P. Singh  for plaintiff present.
    Advocate Mr. Dharam for defendant present.
    By consent of both the parties, matter is adjourned.
    Matter adjourned for Hearing on 16.12.2023.
    Next Purpose: HEARING
    Next Hearing Date: 16-12-2023
    
    Date: 20-11-2023
    Business: Plaintiff and defendant present.
    Advocate Mr. Santosh Thakur h.f. Advocate J.P. Singh  for plaintiff present.
    Advocate Mr. Dharam for defendant present.
    By consent of both the parties, matter is adjourned.
    Matter adjourned for Hearing on 16.12.2023.
    Next Purpose: HEARING
    Next Hearing Date: 16-12-2023
    
    Date: 20-11-2023
    Business: Plaintiff and defendant present.
    Advocate Mr. Santosh Thakur h.f. Advocate J.P. Singh  for plaintiff present.
    Advocate Mr. Dharam for defendant present.
    By consent of both the parties, matter is adjourned.
    Matter adjourned for Hearing on 16.12.2023.
    Next Purpose: HEARING
    Next Hearing Date: 16-12-2023
    
    Date: 16-12-2023
    Business: Plaintiff and defendant present.
    Advocate Mr. Santosh Thakur for plaintiff present.
    Advocate Ms. Uma Sharma for defendant present.
    Court is busy in dicating order in NM 3550/2023 in Misc Petition Adopt 186/2023.
    Matter adjourned for hearing on 07.02.2024.
    Next Purpose: HEARING
    Next Hearing Date: 07-02-2024
    
    Date: 16-12-2023
    Business: Plaintiff and defendant present.
    Advocate Mr. Santosh Thakur for plaintiff present.
    Advocate Ms. Uma Sharma for defendant present.
    Court is busy in dicating order in NM 3550/2023 in Misc Petition Adopt 186/2023.
    Matter adjourned for hearing on 07.02.2024.
    Next Purpose: HEARING
    Next Hearing Date: 07-02-2024
    
    Date: 16-12-2023
    Business: Plaintiff and defendant present.
    Advocate Mr. Santosh Thakur for plaintiff present.
    Advocate Ms. Uma Sharma for defendant present.
    Court is busy in dicating order in NM 3550/2023 in Misc Petition Adopt 186/2023.
    Matter adjourned for hearing on 07.02.2024.
    Next Purpose: HEARING
    Next Hearing Date: 07-02-2024
    
    Date: 07-02-2024
    Business: Advocate Mr. J.P. Singh for plaintiff present.
    Defendant present and seeks time. O- Granted as a last chance.
    Defendant advocate absent.
    Matter adjourned for hearing on 14.03.2024.
    Next Purpose: HEARING
    Next Hearing Date: 14-03-2024
    
    Date: 07-02-2024
    Business: Advocate Mr. J.P. Singh for plaintiff present.
    Defendant present and seeks time. O- Granted as a last chance.
    Defendant advocate absent.
    Matter adjourned for hearing on 14.03.2024.
    Next Purpose: HEARING
    Next Hearing Date: 14-03-2024
    
    Date: 07-02-2024
    Business: Advocate Mr. J.P. Singh for plaintiff present.
    Defendant present and seeks time. O- Granted as a last chance.
    Defendant advocate absent.
    Matter adjourned for hearing on 14.03.2024.
    Next Purpose: HEARING
    Next Hearing Date: 14-03-2024
    
    Date: 14-03-2024
    Business: Plaintiff and defendant present.
    Advocate Mr. Santosh Thakur h.f. Advocate J.P. Singh for plaintiff present and seeks time. O- Granted.
    Advocate Ms. Uma Sharma for defendant present.
    Matter adjourned for hearing on 18.04.2024.
    Next Purpose: HEARING
    Next Hearing Date: 18-04-2024
    
    Date: 14-03-2024
    Business: Plaintiff and defendant present.
    Advocate Mr. Santosh Thakur h.f. Advocate J.P. Singh for plaintiff present and seeks time. O- Granted.
    Advocate Ms. Uma Sharma for defendant present.
    Matter adjourned for hearing on 18.04.2024.
    Next Purpose: HEARING
    Next Hearing Date: 18-04-2024
    
    Date: 14-03-2024
    Business: Plaintiff and defendant present.
    Advocate Mr. Santosh Thakur h.f. Advocate J.P. Singh for plaintiff present and seeks time. O- Granted.
    Advocate Ms. Uma Sharma for defendant present.
    Matter adjourned for hearing on 18.04.2024.
    Next Purpose: HEARING
    Next Hearing Date: 18-04-2024
    
    Date: 18-04-2024
    Business: Plaintiff and Defendant no. 1 present.
    Advocate Mr. J.S. Singh for plaintiff present.
    Advocate Mr. D.F. Sharma for defendant present.
    By consent of both the parties, matter is adjourned.
    Matter adjourned for NM hearing on 06.05.2024.
    Next Purpose: HEARING
    Next Hearing Date: 06-05-2024
    
    Date: 18-04-2024
    Business: Plaintiff and Defendant no. 1 present.
    Advocate Mr. J.S. Singh for plaintiff present.
    Advocate Mr. D.F. Sharma for defendant present.
    By consent of both the parties, matter is adjourned.
    Matter adjourned for NM hearing on 06.05.2024.
    Next Purpose: HEARING
    Next Hearing Date: 06-05-2024
    
    Date: 18-04-2024
    Business: Plaintiff and Defendant no. 1 present.
    Advocate Mr. J.S. Singh for plaintiff present.
    Advocate Mr. D.F. Sharma for defendant present.
    By consent of both the parties, matter is adjourned.
    Matter adjourned for NM hearing on 06.05.2024.
    Next Purpose: HEARING
    Next Hearing Date: 06-05-2024
    
    Date: 06-05-2024
    Business: PO is on leave, hence matter is adjourned.
    Next Purpose: HEARING
    Next Hearing Date: 04-07-2024
    
    Date: 04-07-2024
    Business: Advocate Mr. J.P. Singh for plaintiff present.
    Advocate Ms. Uma Sharma for defendant present.
    Both the parties are trying for settlement, hence matter is adjourned for settlement / NM hearing.
    Matter is adjourned for hearing on 04.09.2024.
    Next Purpose: HEARING
    Next Hearing Date: 04-09-2024
    
    Date: 04-07-2024
    Business: Advocate Mr. J.P. Singh for plaintiff present.
    Advocate Ms. Uma Sharma for defendant present.
    Both the parties are trying for settlement, hence matter is adjourned for settlement / NM hearing.
    Matter is adjourned for hearing on 04.09.2024.
    Next Purpose: HEARING
    Next Hearing Date: 04-09-2024
    
    Date: 04-07-2024
    Business: Advocate Mr. J.P. Singh for plaintiff present.
    Advocate Ms. Uma Sharma for defendant present.
    Both the parties are trying for settlement, hence matter is adjourned for settlement / NM hearing.
    Matter is adjourned for hearing on 04.09.2024.
    Next Purpose: HEARING
    Next Hearing Date: 04-09-2024
    
    Date: 04-09-2024
    Business: Advocate Mr. J.P. Singh for plaintiff present.
    Defendant present.
    Kept back
    Later on at 3.25 P.M.
    Advocate Mr. Dharam Sharma for defendant present.
    Both seeks time. O- Granted.
    Matter is adjourned for hearing on 27.09.2024.
    Next Purpose: HEARING
    Next Hearing Date: 27-09-2024
    
    Date: 04-09-2024
    Business: Advocate Mr. J.P. Singh for plaintiff present.
    Defendant present.
    Kept back
    Later on at 3.25 P.M.
    Advocate Mr. Dharam Sharma for defendant present.
    Both seeks time. O- Granted.
    Matter is adjourned for hearing on 27.09.2024.
    Next Purpose: HEARING
    Next Hearing Date: 27-09-2024
    
    Date: 27-09-2024
    Business: Advocate Astha Dave h.f. J.P. Singh for plaintiff present and seeks time. O- Granted.
    Defendant and advocate absent.
    Matter is adjourned for hearing on 16.10.2024.
    Later on at 3.15 P.M.
    Defendant present.
    Matter is adjourned for hearing on 16.10.2024.
    Next Purpose: HEARING
    Next Hearing Date: 16-10-2024
    
    Date: 27-09-2024
    Business: Advocate Astha Dave h.f. J.P. Singh for plaintiff present and seeks time. O- Granted.
    Defendant and advocate absent.
    Matter is adjourned for hearing on 16.10.2024.
    Later on at 3.15 P.M.
    Defendant present.
    Matter is adjourned for hearing on 16.10.2024.
    Next Purpose: HEARING
    Next Hearing Date: 16-10-2024
    
    Date: 27-09-2024
    Business: Advocate Astha Dave h.f. J.P. Singh for plaintiff present and seeks time. O- Granted.
    Defendant and advocate absent.
    Matter is adjourned for hearing on 16.10.2024.
    Later on at 3.15 P.M.
    Defendant present.
    Matter is adjourned for hearing on 16.10.2024.
    Next Purpose: HEARING
    Next Hearing Date: 16-10-2024
    
    Date: 16-10-2024
    Business: PO is on leave.
    Next Purpose: HEARING
    Next Hearing Date: 05-12-2024
    
    Date: 16-10-2024
    Business: PO is on leave.
    Next Purpose: HEARING
    Next Hearing Date: 05-12-2024
    
    Date: 16-10-2024
    Business: PO is on leave.
    Next Purpose: HEARING
    Next Hearing Date: 05-12-2024
    
    Date: 05-12-2024
    Business: Advocate Mr. J.P. Singh for plaintiff present.
    Defendant present and seeks time for settlement.
    The roznama shows that the defendant has taken number of chances for the settlement, hence granted as a last chance. Defendant is hereby directed to take necessary steps for the settlement, otherwise NM will be heard and decided on the next date on its own merits.
    Matter is adjourned for Settlement / NM hearing on 03.01.2025.
    Later on at 4.15 P.M.
    Advocate Ms. Uma Sharma for defendant present.
    Matter is adjourned for Settlement / NM hearing on 03.01.2025.
    Next Purpose: SETTLEMENT
    Next Hearing Date: 03-01-2025
    
    Date: 05-12-2024
    Business: Advocate Mr. J.P. Singh for plaintiff present.
    Defendant present and seeks time for settlement.
    The roznama shows that the defendant has taken number of chances for the settlement, hence granted as a last chance. Defendant is hereby directed to take necessary steps for the settlement, otherwise NM will be heard and decided on the next date on its own merits.
    Matter is adjourned for Settlement / NM hearing on 03.01.2025.
    Later on at 4.15 P.M.
    Advocate Ms. Uma Sharma for defendant present.
    Matter is adjourned for Settlement / NM hearing on 03.01.2025.
    Next Purpose: SETTLEMENT
    Next Hearing Date: 03-01-2025
    
    Date: 03-01-2025
    Business: Plaintiff present.
    Advocate Mr. J.P. Singh for plaintiff present.
    Defendant present.
    Kept back
    Later on at 3.35 P.M.
    Advocate Dharam Sharma for defendant present.
    Partly heard argument of both the advocates on NM 2312/2019 and NM 2472/2019.
    Matter is adjourned for NM hearing on 26.02.2025.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-02-2025
    
    Date: 03-01-2025
    Business: Plaintiff present.
    Advocate Mr. J.P. Singh for plaintiff present.
    Defendant present.
    Kept back
    Later on at 3.35 P.M.
    Advocate Dharam Sharma for defendant present.
    Partly heard argument of both the advocates on NM 2312/2019 and NM 2472/2019.
    Matter is adjourned for NM hearing on 26.02.2025.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-02-2025
    
    Date: 03-01-2025
    Business: Plaintiff present.
    Advocate Mr. J.P. Singh for plaintiff present.
    Defendant present.
    Kept back
    Later on at 3.35 P.M.
    Advocate Dharam Sharma for defendant present.
    Partly heard argument of both the advocates on NM 2312/2019 and NM 2472/2019.
    Matter is adjourned for NM hearing on 26.02.2025.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-02-2025
    
    Date: 26-02-2025
    Business: Holiday declared on 26.02.2025 on account of Mahashivratri, hence matter is adjourned to 27.02.2025.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-02-2025
    
    Date: 26-02-2025
    Business: Holiday declared on 26.02.2025 on account of Mahashivratri, hence matter is adjourned to 27.02.2025.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-02-2025
    
    Date: 26-02-2025
    Business: Holiday declared on 26.02.2025 on account of Mahashivratri, hence matter is adjourned to 27.02.2025.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-02-2025
    
    Date: 27-02-2025
    Business: Advocate Mr. J.P. Singh for plaintiff present.
    Advocate Ms. Uma Sharma for defendants present
    Defendant is hereby directed to take necessary steps for settlement otherwise the NM taken by plaintiff will be decided as per its own merits.
    Matter is adjourned for NM hearing on 17.03.2025.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-03-2025
    
    Date: 17-03-2025
    Business: Advocate Mr. J.P. Singh for plaintiff present.
    Advocate Dharam Sharma for defendant present.
    By consent of both the parties, matter is adjourned.
    Matter is adjourned for NM hearing on 15.04.2025.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-04-2025
    
    Date: 15-04-2025
    Business: Advocate Dharam Sharma i/b Dharam and Co. for defendants present.
    Defendant present.
    Plaintiff present and seeks time. O- Granted.
    Matter is adjourned for NM hearing on 05.07.2025.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-07-2025
    
    Date: 05-07-2025
    Business: Plaintiff a/w her Advocate Mr. J.P. Singh for plaintiff is present.
    Defendant no. 1 a/w his Advocate Dharam Sharma i/b Dharam and Co. is present.
    None for defendant no. 2.
    This is dispute in between real brothers and sister. As such there exists an element of settlement. Hence this suit be referred to Mediation under the Campaign for Mediation. DLSA, Mumbai is requested to issue notices to both the parties.
    Matter adjourned to 20.09.2025 for awaiting report of Mediation.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 20-09-2025
    
    Date: 20-09-2025
    Business: Court is on Vacant.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 07-10-2025
    
    Date: 20-09-2025
    Business: Court is on Vacant.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 07-10-2025
    
    Date: 20-09-2025
    Business: Court is on Vacant.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 07-10-2025
    
    Date: 07-10-2025
    Business: (NOT ON BOARD - TAKEN ON BOARD)
    Mediation Report received from mediation department marked as Exhibit-4. Mediation failed.
    Matter adjourned to 11.11.2025 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-11-2025
    
    Date: 11-11-2025
    Business: Plaintiff in person is present. His advocate is absent. Plaintiff seeks time for the argument. O- Granted as a last chance.
    Defendant in person is present.
    Advocate Uma Sharma for defendant is present.
    Matter adjourned to 02.12.2025 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-12-2025
    
    Date: 02-12-2025
    Business: Plaintiff in person is present. She submitted that, she wish to change her advocate and therefore seeks time for the same. O- Granted as prayed.
    Advocate Dharam Sharma for defendant is present.
    O- Granted as a last chance for hearing on NM.
    Matter adjourned to 20.01.2026 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-01-2026
    
    Date: 20-01-2026
    Business: Advocate A. J. Jadhav for plaintiff is present and filed V/p at Exhibit-5.
    Plaintiff present.
    Advocate Uma Sharma for defendant is present and seeks time for NM hearing. Time granted till next date.
    Defendant present.
    Matter adjourned for NM hearing to 18/02/2026.
    Judge
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-02-2026
    
    Date: 18-02-2026
    Business: Advocate A. J. Jadhav for plaintiff is present.
    plaintiff present.
    Advocate D. Sharma for defendant is present.
    Defendant present.
    Matter adjourned to 09.04.2026 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-04-2026
    
    Date: 09-04-2026
    Business: Plaintiff is present.
    Defendant is present and his advocate absent. He seeks time. O- Granted.
    Advocate Mr. A.J. Jadhav for plaintiff is present.
    Matter adjourned to 25.06.2026 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-06-2026
    
    Date: 25-06-2026
    Business: Plaintiff is present.
    Defendant No. 1 is present.
    Advocate K. J. Jadhav for plaintiff present.
    Advocate Uma Sharma for defendant present.
    Matter adjourned to 30.07.2026 for hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-07-2026
    
    Date: 30-07-2026
    Business: Advocate Mr A. J Jadhav for plaintiff is present.
    Advocate Mr Dharam Sharma and Ms Uma Sharma for defendants is present.
    Order on NM Nos. 2312/2019
    Heard both the sides. Perused the application, reply, pleadings and the entire record.
    	The dispute is amongst sister and the brother regarding the right in the suit flat left behind by their parents.
    	The limited relief sought for in this notice of motion is for temporary injunction restraining defendants from alienating or creating third party interst in the suit property pending the suit. The Ld. advocate for defendants undertakes that no activity contemplated by the NM which is sought to be prevented, would be undertaken by the defendants. In view of this undertaking at bar, the relief in prayer clause 1(a) in NM stands addressed. The relief in prayer clause 1(b), as of now, is unwarranted. Hence, the NM stands disposed of in the light of the undertaking, which shall carry its effect.
    Judge
    Order on NM Nos. 2472/2019.
    Heard both the sides. Perused the application, reply, pleadings and the entire record.
    
    02.	Following are the points for determination along-with my findings thereon for the reasons ensuing
    Sr. No.                       Points                                       Finding
    01.    Whether plaintiff has made out prima-facie
              case?                                                                 Yes.
    02.     Whether balance of convenience lies in
               favour of plaintiff?                                            Yes.
    03.     Whether irreparable loss would be caused
               to plaintiff in case injunction is not granted?    Yes.
    04.      What order?                                                    As per
                                                                                    final order.
    Reasons
    03.	The dispute is amongst the sister and the brother regarding the right in the suit flat left behind by their parents.
    04.	Suit is for injunction restraining defendant from alienating the suit property, dispossessing plaintiff from the suit property upon getting declaration that defendants have no right, title, or interst, in the suit property.
    05.	According to plaintiff, their deceased parents, who were the owners of different properties inclusive of suit property, in their life time, executed wills bequeathing different properties with direction for management of suit property, in which, plaintiff used to reside with surviving mother,after the demise of father, and after the demise of mother, she is residing in the suit flat. According to plaintiff, defendants have no right, title or interest in the suit property under will and they are obstructing plaintiffs enjoyment of the suit property.
    06.	According to defendants, no will was executed by any of parents and they died intestate. It is defendant No.1, who was exclusively possessing suit flat after the demise of parents, and it is only thereafter, prior to few days of filing of suit that plaintiff forcibly entered into the suit flat and  she is unlawfully occupying the bedroom of suit flat; whereas defendants are occupying leaving room and are using kitchen and WC bathroom.
    07.	Assuming the defence to be true regarding the fact of parents having been demised intestate, in such situation also, defendants cannot have exclusive right in the suit flat to the exclusion of plaintiff, who, in such contingency, would be a coowner as a tenant-in-common as being a class I heir of the propositus. Moreover, the physical possession of plaintiff as regards one bed room in the suit flat is indisputable in the light of para 10 of the affidavit-in-reply to the NM, although it is claimed to be an unlawful possession pursuant to forcible entry after the demise of parents. Even the will deeds do not give any properitory right as to the suit flat to any of the parties. In such situation, the apprehension of being dispossessed from the exclusive enjoyment of bedroom in the suit flat, which cannot be enjoyed without the enjoyment of amenities in the suit flat viz. WC bathroom/toilet and the kitchen, needs to be addressed as the non addressal may render plaintiff shelterless from the dwelling house, more particularly, when plaintiff has made out the primafacie case of entitlement to enjoyment of the aforesaid attributes of the suit flat, either from the angle of defence, or from the angle of plaint averments, till the desires in the will are taken for being administered as per the plaint version, or till the partition in the joint property of the class I heirs takes place,if looked from defence angle.
    
    08.	The balance of convenience, thus, lies in favour of granting the injunction as irreparable loss would be caused to plaintiff in case of refusal to grant injunction.
    09.     Accordingly, the findings to points No.1 to 3 are recorded in the affirmative.
    10.	Point No.4 In view of the affirmative findings to points No. 1 to 3, the NM deserves to be allowed.
    In the result, I pass the following order
    ORDER
    01.	The Notice of Motion is allowed.
    02.	Defendants are hereby temporarily restrained from obstructing plaintiffs exclusive enjoyment of the bedroom and the common enjoyment of the amenities in the suit flat viz. the common enjoyment of the WC/toilet/bathroom and the kitchen, till final disposal of the suit, subject to reciprocal condition of ensuring smooth common enjoyment of the amenities of the suit flat by the parties.
    Judge
    Matter adjourned to 28.09.2026 for WS.
    Judge
    Nature Of Disposal: ALLOWED
    Disposal Date: 30-07-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 106861/2019
    Filing Date: 05-07-2019
    First Hearing Date: 13th July 2019
    Decision Date: 30th July 2026
    Court Number And Judge: 2-COURT 02 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    30 Jul 2026

    Order Details: Other Pdf Text: NM 2312/2019 and NM 2472/2019 in SU 1965/2019 Order on NM Nos. 2312/2019 Heard both the sides. Perused the application, reply, pleadings and the entire record. The dispute is amongst sister and the brother regarding the right in the suit flat left behind by their parents. The limited relief sought for in this notice of motion is for temporary injunction restraining defendants from alienating or creating third party interst in the suit property pending the…

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