Order Details: Notice of Motion Pdf Text: N.M.No.2232 of 2018 Order MHCC010072262018 Presented on : 18.06.2018 Registered on : 18.06.2018 Decided on : 02.09.2024 Duration : 06 02 14 Years Months Days IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY AT BOMBAY NOTICE OF MOTION NO.2232 OF 2018 IN SHORT CAUSE SUIT NO.6468 OF 2018 (CNR NO.MHCC010072262018) 1 Nitin Nilkanth Rajeshirke, Age 31 years, Occ: Business, Residing at Room No.8, ‘J’ Chawl, D’souza Compound, Tunga Village, Sunder Nagar, Sakinaka,…
NOTICE OF MOTION
Mr. Nitin Nilkanth Rajeshirke +1 moreVsMrs. Sharda Jijaba Gujar +1 more
CNR MHCC01007226201861-COURT 61 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--OTHER
Decision Date: 02nd September 2024
TrustJury record updated 14 Sept 2026
Case Overview
- Registration Number
- 102232/2018
- Registration Date
- 18 Jun 2018
Advocates
1For Petitioner
For Respondent
Not available
Parties
4Acts & Sections
1Protection of Women from Domestic Violence Act · Sec 9
Case History / Proceedings
Case History
Date: 27-06-2018 Business: Matter adj. for NM Reply to 03.09.2018. Next Purpose: NOTICE OF MOTION Next Hearing Date: 03-09-2018 Date: 03-09-2018 Business: Matter adj. for Further Arguments in NM No. 2232/2018 on 12.11.2018. Next Purpose: NOTICE OF MOTION Next Hearing Date: 12-11-2018 Date: 12-11-2018 Business: Matter adj. for Further Arguments in NM No.2232/2018 to 15.03.2019. Next Purpose: NOTICE OF MOTION Next Hearing Date: 15-03-2019 Date: 15-03-2019 Business: Matter adj. for NM Reply to 10.07.2019. Next Purpose: NOTICE OF MOTION Next Hearing Date: 10-07-2019 Date: 10-07-2019 Business: Matter stands Adj for NM reply to 25.07.2019. Next Purpose: NOTICE OF MOTION Next Hearing Date: 25-07-2019 Date: 25-07-2019 Business: Adv. Sagar Batliya for plaintiff present and filed reply to NM no. 2663/19. He undertakes to serve copy on other side. Adv. Chetan Pawar for defendant no.5 present. Matter stands Adj for hearing on NM to 23.09.19. Next Purpose: NOTICE OF MOTION Next Hearing Date: 23-09-2019 Date: 23-09-2019 Business: Adv. Batvia for plaintiff present. Adv. Parab for defendant no. 1 to 4 present and and filed original NM no. 2663/19 along with affidavit. Adv. Jain for defendant no. 5 present Matter stands adjn for NM hearing to 04.11.19. Next Purpose: NOTICE OF MOTION Next Hearing Date: 04-11-2019 Date: 04-11-2019 Business: Adv. Sagar Bhatvia for plaintiff present. Adv. Nilesh Parab for defendant no. 1 to 4 present. Matter stands Adj for NM hearing to 11.12.19. Next Purpose: NOTICE OF MOTION Next Hearing Date: 11-12-2019 Date: 11-12-2019 Business: Adv. Batvia for plaintiff present. Adv. Parab for defendant no. 1 to 4 present. Matter stands Adj for hearing on NM to 29.01.2020. Next Purpose: NOTICE OF MOTION Next Hearing Date: 29-01-2020 Date: 29-01-2020 Business: Court is busy in dictating Judgment in Commercial Suit no. 86/19 and suit no. 1775/15. Hence Board is discharged. Next Purpose: NM FOR HEARING Next Hearing Date: 19-03-2020 Date: 19-03-2020 Business: None present for plaintiff and defendant. As per directions of office order no. 66 of 2020 r/w notification dated 14.03.2020, board is discharged. Matter stands Adj for NM hearing to 24.06.2020 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: 29-08-2020 Date: 29-08-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: NM FOR HEARING Next Hearing Date: 09-11-2020 Date: 09-11-2020 Reason For Adjournment: National Lock Down Next Purpose: NM FOR HEARING Next Hearing Date: 18-01-2021 Date: 18-01-2021 Business: Advocate Sagar Batwale for plaintiff present. None for defendant. The case is adjourned to 22.02.2021 for NM hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 22-02-2021 Date: 22-02-2021 Business: Advocate Batavia for plaintiff present. None for defendant. The case is adjourned to 20.03.2021 for NM hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 20-03-2021 Date: 20-03-2021 Business: Advocate Batavia for plaintiff present. None for defendant. The case is adjourned to 29.04.2021 for NM hearing. LO at 3.45pm Advocate Chandrmani Gamre i/b adv. Sachin Masurkar for defendants 2 to 4 present. Already the case is adjourned to 29.04.2021 for NM hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 29-04-2021 Date: 29-04-2021 Business: Adjourned due to COVID-19 pandemic. Next Purpose: NM FOR HEARING Next Hearing Date: 22-07-2021 Date: 22-07-2021 Business: Court is vacant Next Purpose: NM FOR HEARING Next Hearing Date: 30-09-2021 Date: 30-09-2021 Business: Matter called out at 3.54 p.m. Adv. Sagar Batavia for plaintiff present. None present for defendant. Matter stands adjourned to 09.11.2021 for NM hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 09-11-2021 Date: 09-11-2021 Business: PO is on leave in second session. Hence, Court is discharge. Next Purpose: NM FOR HEARING Next Hearing Date: 21-12-2021 Date: 21-12-2021 Business: Matter called out at 3.36 pm Adv. Sagar Batavia for plaintiff. He tendered affidavit of service. TOR. Exh.4. Adv. Anmol Abnave for Deft. No.5 present. Heard both the sides. Perused NM and reply. Looking to the nature of suit it is necessary to obtain the defense of defendants. The delay can be condoned by imposing cost of Rs.5,000/- to be payable by the defendants to the plaintiff. Thus, I proceed to pass the following order. NM No.2663/19 in terms of prayer clause (a) upon payment of cost of RS.5,000/- within a payment of 15 days from the date of order. Upon payment of cost, defendants are allowed to tendered WS. Costs is cause. Matter stands adjourned to 03.02.2022 for compliance. Next Purpose: COMPLIANCE Next Hearing Date: 03-02-2022 Date: 03-02-2022 Business: The court is on leave Next Purpose: COMPLIANCE Next Hearing Date: 08-03-2022 Date: 08-03-2022 Business: Adv. Sagar Batavia for plaintiff present. None present for defendant. As court is busy in final hearing SU No.7165/01. Matter stands adjourned to 21.04.2022 for compliance. Next Purpose: COMPLIANCE Next Hearing Date: 21-04-2022 Date: 21-04-2022 Business: Court is on leave. Hence, board discharged Next Purpose: COMPLIANCE Next Hearing Date: 01-07-2022 Date: 01-07-2022 Business: Court is on Leave. Next Purpose: COMPLIANCE Next Hearing Date: 30-07-2022 Date: 30-07-2022 Business: Adv. Sagar Batavia for plaintiff present. Adv. Tejas Lotlikar for Deft. no. 5 present. Plaintiff tendered pursis stating Deft. no.1 is deceased. TOR. Exh.04. Deft. no.2 to 4 failed to deposit amount of costs of Rs.5,000/- as directed by this court as per roznama dated 21.12.2021. Hence, proceed without WS against Deft. no.2 to 4. Matter stands adjourned to 23.09.2022 for NM hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 23-09-2022 Date: 23-09-2022 Business: Court is on Leave. Next Purpose: NM FOR HEARING Next Hearing Date: 05-12-2022 Date: 05-12-2022 Business: Adv. A. N. Giri for plaintiff present. He is seeking time. Time granted. None present for defendant. Matter stands adjourned to 20.01.2023 for NM hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 20-01-2023 Date: 20-01-2023 Business: Court is on Leave. Next Purpose: NM FOR HEARING Next Hearing Date: 23-03-2023 Date: 23-03-2023 Business: Court is on Leave. Next Purpose: NM FOR HEARING Next Hearing Date: 16-06-2023 Date: 16-06-2023 Business: Adv. Sagar Batavia for Plaintiff present. He tendered draft Ch/s a/w affidavit in support. TOR. O-Leave granted to register draft Ch/s. Draft Ch/s is return to the plaintiff for registration. Copy of draft Ch/s supply to defendant Nos.2 to 4. Adv. for defendant Nos.2 to 4 present. She tendered draft NM a/w affidavit in support. TOR. O-Leave granted to register draft NM. Draft NM is return to plaintiff for registration. Copy of draft NM supply to plaintiff. Matter stands adjourned on 21.08.2023 for NM/Ch/s. reply. Next Purpose: REPLY Next Hearing Date: 21-08-2023 Date: 21-08-2023 Business: Court is on Leave. Next Purpose: REPLY Next Hearing Date: 20-10-2023 Date: 20-10-2023 Business: Adv Batavia present for Plaintiff and filed affidavit of service in Ch/s. No. 1197/2023. TOR. Duly Served on defendants. Adv Chitra present for Defendant no.2 to 4. Adv Yash Lodh for defendant no. 5 present. Adv for defendant nos. 2 to 4 tendered registered NM 2541/2023. TOR. Copy of NM served on other side. Matter stands adjourned on 10-01-2024 for reply. Next Purpose: REPLY Next Hearing Date: 10-01-2024 Date: 10-01-2024 Business: This court is formed on 02.02.2024. Matter transferred from CR.03. Adv. Sagar Bataria for plaintiff present. Adv. Chitra Kawalekar for defendant Nos. 2 to 4 present. Adv. Wasif Qureshi h/f Chetan Pawar for defendant No.5 present. Adv. Sagar Bataria for plaintiff present and tendered registered chamber summon No.1197/2023 alongwith affidavit in support tor. Adv. For defendant Nos.2 to 4 and defendant No.5 given say on overleaf to the Chamber Summons No.1197/23. F.R.S.R. following order passed in CHS NO.1197 of 2023. Order:- 1. Chamber Summons No. 1197 of 2023 is made absolute in terms of prayer clause “b”. 2. The plaintiffs are permitted to delete the name of the deceased defendant No.1 from the title of the plaint,notice of motion and affidavit on or before next date. 3. Both the parties to take note of this order. 4. Cost in cause. 5. Chamber Summons No. 1197/2023 stands disposed of . Matter adjourned for compliance/argument/ reply to NM NO.2232/18 and 2541/23 by defendant Nos.2 to 4 to 15-02-2024. Next Purpose: COMPLIANCE Next Hearing Date: 15-02-2024 Date: 15-02-2024 Business: P. O. is on leave Next Purpose: COMPLIANCE Next Hearing Date: 22-03-2024 Date: 22-03-2024 Business: IN THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO. 61 Adv. Sagar Batavia for plaintiff and filed affidavit in reply to NM No. 2541/23. Copy of reply served to other side. He also filed amendment plaint t.o.r. and marked as Exh.1A. Adv. Nimish Achrekar i/b Adv. Sachin V. Maurkar for defendants No.1 to 4 present. None for defendant No.5. Matter adjourned for NM reply 2232/18 to 22-04-2024. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 22-04-2024 Date: 22-04-2024 Business: IN THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO. 61 Adv. Sagar Bataria for plaintiff present. None for defendant. Heard advocate for the plaintiff in NM No.2541/23. Matter adjourned for argument by defendant on NM No.2541/23 P.H. / Reply by defendant to NM No.2232/18 to 15-06-2024. Lo at . 03.55 pm.. Adv. Sagar Bataria for plaintiff present. Adv. Sachin Masurkar a/w Chitra Kawalekar for defendants No.2 to 4 present. Adv. Vipul Bhoir h/f Adv. Chetan Pawar for defendant No.5 present. Matter adjourned for argument by defendant on NM No.2541/23 P.H. / Reply by defendant to NM No.2232/18 to 15-06-2024. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 15-06-2024 Date: 15-06-2024 Business: Adv. Sagar Batavia for plaintiff present. None for defendant No.1. Adv. Chitra Gawlekar for defendant No.2 to 4 present. Matter adjourned for argument NM No.2541/23 and Nm No.2232/18 for filing reply defendant 2 to 4 as a last chance / No reply order to 12-07-2024 Next Purpose: REPLY Next Hearing Date: 12-07-2024 Date: 12-07-2024 Business: IN THE COURT OF H.H.J. R. D. DESHPANDE JUDGE CITY CIVIL COURT C.R. NO. 61 Adv. Sagar Batavia for plaintiff is present. Adv. Chitra Kawalekar for defendants No.2 to 4 is present. Adv. Vipul Bhoir h/f Chetan Pawar for defendant No.5 is present. F.R.S.R. following order is passed in Notice of Motion No. 2541 of 2023. Order. 1. The Notice of Motion No.2541 of 2023 is allowed. 2. ‘No written statement order’ passed against the defendants No.2 to 4 dated 30.07.2022 is hereby set aside subject to payment of costs of Rs.15,000/-(Rs. Fifteen Thousands Only) by them to the plaintiffs on or before the next date. 3. On payment of costs by the defendants No.2 to 4, their written statement be taken on record and marked as Exhibit. 4. Accordingly, the Notice of Motion No.2541 of 2023 stands disposed off. Matter is adjourned for compliance by the defendants No.2 to 4/ NM hearing to 03-08-2024. Next Purpose: NM ARGUMENTS Next Hearing Date: 03-08-2024 Date: 03-08-2024 Business: IN THE COURT OF H.H.J. R. D. DESHPANDE JUDGE CITY CIVIL COURT C.R. NO. 61 Adv. Sagar Batavia for plaintiff is present. Adv. Chitra Kawalekar h/f Adv. Sachin Masurkar for defendants No.2 to 4 is present and filed pursis at Exh.05 regarding payment of cost of Rs.15,000/- to the plaintiff by a cheque which is accepted by advocate Batavia for the plaintiff. She also filed another pursis at Exh.06 stating that her WS may be treated as say to NM No.2232/18. None for defendant No.5. Matter adjourned for NM hearing to 02-09-2024. Next Purpose: NM ARGUMENTS Next Hearing Date: 02-09-2024 Date: 02-09-2024 Business: IN THE COURT OF H.H.J. R. D. DESHPANDE JUDGE CITY CIVIL COURT C.R. NO. 61 Plaintiff No.1 alongwith his Adv. Sagar Batavia for plaintiffs is present. None for defendants. KB. LO at 3.25 pm Plaintiff No.1 alongwith his Adv. Sagar Batavia for plaintiffs is present. Adv. Sunitha Perumal i/b Sachin V. Masurkar for defendants No.1 to 4 is present. Adv. Yash Lodh for defendant No.5 is present. Heard arguments of both the sides on Notice of Motion No.2232/18. F.R.S.R. following order is passed in Notice of Motion No.2232 of 2018. ORDER 1. Notice of Motion No.2232 of 2018 is partly allowed. 2. Pending the hearing and final disposal of the Suit, the defendant No.5 is temporarily restrained from creating any third party rights, title or interest in the Suit flat in any manner. 3. Costs in the cause. 4. Accordingly, Notice of Motion No.2232 of 2018 stands disposed off. Nature Of Disposal: OTHER Disposal Date: 02-09-2024
Additional Case Details
Additional Case Details
Filing Number: 107923/2018 Filing Date: 18-06-2018 First Hearing Date: 27th June 2018 Decision Date: 02nd September 2024 Court Number And Judge: 61-COURT 61 ADDL SESSIONS JUDGE
Orders
2Final Order 1Full order available
02 Sept 2024
Order 1Full order available
02 Sept 2024
Order Details: Notice of Motion Pdf Text: N.M.No.2232 of 2018 Order MHCC010072262018 Presented on : 18.06.2018 Registered on : 18.06.2018 Decided on : 02.09.2024 Duration : 06 02 14 Years Months Days IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY AT BOMBAY NOTICE OF MOTION NO.2232 OF 2018 IN SHORT CAUSE SUIT NO.6468 OF 2018 (CNR NO.MHCC010072262018) 1 Nitin Nilkanth Rajeshirke, Age 31 years, Occ: Business, Residing at Room No.8, ‘J’ Chawl, D’souza Compound, Tunga Village, Sunder Nagar, Sakinaka,…
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