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NOTICE OF MOTION

Mrs. Leena Deepak PatelVsMrs. Bina Lalit Shah And Ors

CNR MHCC01007237201962-COURT 62 AD-HOC ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--OTHER
Decision Date: 12th October 2022

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
102639/2019
Registration Date
15 Jul 2019

Advocates

1

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 20-08-2019
    Reason For Adjournment: court time is over
    Next Purpose: SERVICE
    Next Hearing Date: 10-10-2019
    
    Date: 10-10-2019
    Business: Advocate M. R. Yadav for Plaintiff present and filed joint affidavit for service of writ of summons and copy of NM, t.o.r.
    Advocate S. Disa for Defendant no.1 and 3 present
    Advocate Prerna Sharma for Defendant no.2 present and filed vakalatnama, t.o.r.
    Affidavit of service of writ of summons shows that writ of summons is served upon Defendant no.4 Vishal CHS Limited on 25/09/2019.  Inspite of service of writ of summons, no one has appeared on behalf of said society hence suit to proceed exparte against Defendant no.4 society.
    Advocate for Plaintiff also filed registered Notice of Motion no.2639/2019 with affidavit in support and original writ of summons t.o.r.
    Advocates for Defendant no.1 and 3 as well as advocate for Defendant no.2 sought time to file Written Statement.
    Plaintiff\''s advocate fled rejoinder to NM reply filed by Defendant no.1 and 3, t.o.r.
    Case is adjourned to 07/11/2019 for Written Statement / NM / reply/ hearing.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 07-11-2019
    
    Date: 07-11-2019
    Business: Plaintiff with advocate Ashutosh Shukla for Plaintiff present.
    Advocate for Defendant no.1 and 3 present and sought time to file Written Statement of Defendant no.1 and 3.
    Advocate Ms. Prerna Sharmka for Defendant no.2 present and sought time for file reply to NM no.2639/19.
    Already reply of Defendant no.1 is on record, hence Defendant no.2 is directed to file reply on next date without fail.
    Plaintiff\''s advocate is directed to file rejoinder affidavit to advocate for Defendant no.2.
    Case is adjourned to 02/01/2020 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-01-2020
    
    Date: 02-01-2020
    Business: Advocate Mr. Ahushosh Shukla for Plaintiff present
    Advocate Mr. Joshi for Defendant no.1 and 3 present
    Advocate Ms. Prerna Sharma for Defendant no.2 present and filed reply to Notice of Motion no.2639/19, t.o.r.  Copy served upon Plaintiff\''s advocate as well as advocate for Defendant nos.1 and 3
    Case is adjourned to 23/01/2020 for NM for hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-01-2020
    
    Date: 23-01-2020
    Business: Advocate M. R. Yadav for Plaintiff present
    Advocate Desai for Defendant no.1 and 3 present
    Advocate for Defendant no.2 present
    Court is busy in dictating order on Hon\''ble High Court time bound Notice of Motions in suit no.627/13 as well as court has to hear urgent matters, case is adjourned to 12/02/2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-02-2020
    
    Date: 12-02-2020
    Business: Advocate M. R. Yadav for Plaintiff present and submitted that advocate on record is busy in another court, hence matter may be adjourned. Considering submissions adjourned.
    Advocate Ms. S\''disa for Defendant no.1 and 3 present
    Advocate Ms. Prerna Sharma for Defendant no.2 present
    Case is adjourned to 23/04/2020 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-04-2020
    
    Date: 12-02-2020
    Business: Advocate M. R. Yadav for Plaintiff present and submitted that advocate on record is busy in another court, hence matter may be adjourned. Considering submissions adjourned.
    Advocate Ms. S\''disa for Defendant no.1 and 3 present
    Advocate Ms. Prerna Sharma for Defendant no.2 present
    Case is adjourned to 23/04/2020 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-04-2020
    
    Date: 23-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-05-2020
    
    Date: 23-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-05-2020
    
    Date: 14-05-2020
    Business: Due to Covid 19 pandemic, matters are adjourned as per Office order no.77.2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-06-2020
    
    Date: 03-06-2020
    Business: Case is adjd.to 20.06.20 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: 20-06-2020
    
    Date: 03-06-2020
    Business: Case is adjd.to 20.06.20 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: 20-06-2020
    
    Date: 20-06-2020
    Business: National Lock down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-08-2020
    
    Date: 20-06-2020
    Business: National Lock down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-08-2020
    
    Date: 18-08-2020
    Business: Due to Covid 19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-10-2020
    
    Date: 18-08-2020
    Business: Due to Covid 19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-10-2020
    
    Date: 22-10-2020
    Business: None present for plaintiff.
    None present for Defendants.
    Due to Corona pandemic, it seems that defendant  are absent, hence case is adjourned to 25.01.2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-01-2021
    
    Date: 22-10-2020
    Business: None present for Plaintiffs.
    None present for Defendants.
    Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 25.01.2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-01-2021
    
    Date: 25-01-2021
    Business: None present for plaintiff.
    None present for defendant.
    As nobody is present for both the parties, considering present pandemic condition, matter is adjd. for NM hearing to 23.04.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-04-2021
    
    Date: 23-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-06-2021
    
    Date: 24-06-2021
    Business: None present for plaintiff,
    Adv. Vedanshi Shah for defendant Nos.1 and present.
    Considering the present Pandemic Condition and the SOP issued by the Hon’ble High Court matter adjourned at same stage to 31.08.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 31-08-2021
    
    Date: 31-08-2021
    Business: Adv Mr. M.R. Yadav for plff present.
    Adv Ms.Vedanshi Shah for deft No.1 and 3 present.
    Heard argument of adv. for plff in NM No. 2639/19.
    Adv. for deft Nos.1 and 3 seeks adjournment.
    By consent, matter is adjd. for argument of deft in NM No.2639/2019 to 09.09.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-11-2021
    
    Date: 09-11-2021
    Business: Adv Mr. Ashutosh Shukla present for plff.
    Adv Ms. Vedanshi Shah  present for deft.Nos.1 and 3.
    K.B.
    L.O.at 3.45 p.m.
    Adv Mr. Ashutosh Shukla present for plff.
    Adv Mr. Bipin Joshi for deft Nos.1 and 3 present.
    Heard arguments partly in NM No.2639/19 from the advocate for deft No.1 and rejoinder argument of adv for plff.
    Adv for deft No.1 seeks time to file case law.
    Matter is adjd. for further argument on law points to 20.11.2021.
    Next Purpose: ARGUMENT P.H.
    Next Hearing Date: 20-11-2021
    
    Date: 20-11-2021
    Business: Adv Mr.Ashutosh Shukla present for plff.
    Adv Mr. Joshi present for defts.Nos.1 and 3 and filed case laws in support of his argument in NM No.2639/2019.
    Court is busy in other matters hence, this matter is adjd. for further NM hearing on on law points to 04.12.2021.
    Next Purpose: ARGUMENT P.H.
    Next Hearing Date: 04-12-2021
    
    Date: 04-12-2021
    Business: Adv Mr.M.R. Yadav for plff present.
    Adv Ms.Sakshi Agarwal h/f Adv Joshi  for deft Nos.1  and 3 present and seeks adjournment by submitting that her senior is not available today.
    By consent, matter is adjd for NM argument p/h to 18.12.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-12-2021
    
    Date: 18-12-2021
    Business: Plff present. Adv Mr. Ashutosh Shukla present for plff.
    Adv Mr. Bipin Joshi present for deft.
    Ld. advocate for deft submitted that there are chances of settlement if matter is referreed fro mediation.
    Adv for the plff has no objection. Considering the relationship between the parties and the nature of relief claimed in the suit, it appears that there exists an element of settlement hence, matter is referred to Judge Mediator for mediation.
    Referral order signed by ld. Advocates for parties and by the plff.
    Matter is adjd. for awaiting report of mediator to 13.01.2022.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 13-01-2022
    
    Date: 13-01-2022
    Business: Due to Covid-19, matter is adjd.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 30-03-2022
    
    Date: 30-03-2022
    Business: Adv. Asutosh Shukla for plaintiff present.
    Adv. Vedanshri Shah for defendant 1 and 3 present.
    By consent, matter is adjourned for further NM hearing
    to 21-04-2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-04-2022
    
    Date: 21-04-2022
    Business: Adv Mr. M.R. Yadav @ Adv Mr. Ashutosh Shukla present for plff.
    Adv Mr. Bahvesh Joshi h/f Adv Mr. Bipin Joshi present for deft. Nos.1 and 3 present.
    Heard rejoinder argument of adv for plff. in NM No.2639/2019.
    Adv. for deft seeks liberty to make further submission on law points.
    By consent, matter is adjd. for further argument to 28.04.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-04-2022
    
    Date: 28-04-2022
    Business: Adv Mr. Ashutosh Shukla for plff present.
    Adv Ms.  Sakshi Agarwal h/f Adv Mr. Bipin Joshi for deft Nos.1 and 3 present.
    On request of adv for deft, matter is kept back till 4.30 p.m.
    L.O. at 5.00 p.m.
    Adv Mr. Ashutosh Shukla for plff present.
    Adv Mr.Bipin Joshi for deft Nos.1 and 3 present.
    Heard further arguments both sides in NM No.2639/2019.
    Matter is adjd. for order to 04.05.2022.
    Next Purpose: ORDER
    Next Hearing Date: 04-05-2022
    
    Date: 04-05-2022
    Business: Adv Mr. M.R. Yadav present for plff.
    None present for deft.
    K.B. LO.
    Adv Mr. M.R. Yadav present for plff.
    None present for deft.
    Court is busy in other matters hence, for want of time, this matter is adjd. for NM order to 06.05.2022.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 06-05-2022
    
    Date: 06-05-2022
    Business: Adv Ms.M.R. Yadav present for plff.
    Adv Mr. Sakshi Agarwal present for deft Nos.1 and 3.
    Todays is the last day before summer vacation. Advocate for parties submitted that matter may be taken up during summer vacation for NM order.  Since it is not possible to pass order in NM today, on request of the adv for the parties, matter will be taken up for NM order during summer vacation.
    Matter is adjd. for NM order to 27.05.2022.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 27-05-2022
    
    Date: 27-05-2022
    Business: Court is on Leave.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 15-06-2022
    
    Date: 15-06-2022
    Business: Adv.Inayat Shaikh h/f.Adv.Ashutosh Shukla for plaintiff present.
    Adv.Sakshi Agarwal i/b.Adv.Bipin Joshi for defendant present.
    On oral request of both parties case is adjd to 26.07.2022 for NM Hearing.
    Judge
    LO at 05.15 pm
    Same appearance. Both orally requested for change of date. By consent date is changed as 07.07.2022 for NM Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-07-2022
    
    Date: 07-07-2022
    Business: None present for plaintiff.
    Adv.Bhavesh Doshi for deft.No.1 and 3 present.
    KB
    LO at 03.00 pm,
    Adv.M.R. Yadav for plaintiff present.
    Adv.Sakshi Agarwal for deft.No.1 and 3 present.
    KB
    LO at 04.00 pm,
    Same appearance.
    Matter adjd to 16.09.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-07-2022
    
    Date: 16-07-2022
    Business: BY PRECIPEE
    Adv.M.R. Yadav for plaintiff present and filed application for taking case on todays board. Case is TOR and marked as Exh.5. O-Allowed to take case on todays board.
    Adv.Bhavesh Doshi for deft.No.1 and 3 present.
    Heard the plaintiff and advocate for deft.No.1 and 3. The advocate for pltff submits that the matter was listed on 07.07.2022. Next date was informed as 16.07.2022, however in CIS it is reflected on 16.09.2022.  The defendants advocate is also present today. The physical board also shows the next date as 16.09.2022. The defendants advocate submitted that he has no objection to prepone the matter on todays board, hence, matter is taken on todays board and it is fixed for NM hearing on 05.08.2022 at afternoon.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-08-2022
    
    Date: 05-08-2022
    Business: Adv.Ashutosh Shukla a/w.Adv.Manoj R. Yadav for plaintiff present.
    Adv.Vipin Joshi for deft.No.1 present.
    KB
    LO at 03.50 pm,
    Adv.Ashutosh Shukla a/w.Adv.Manoj R. Yadav for plaintiff present.
    Adv.Sakshi Agarwal for defendant No.1 present.
    Heard the plaintiff in NM No.2639/19.
    Matter adjd to 22.08.2022 for defendants argument in NM.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-08-2022
    
    Date: 05-08-2022
    Business: Adv.Ashutosh Shukla a/w.Adv.Manoj R. Yadav for plaintiff present.
    Adv.Vipin Joshi for deft.No.1 present.
    KB
    LO at 03.50 pm,
    Adv.Ashutosh Shukla a/w.Adv.Manoj R. Yadav for plaintiff present.
    Adv.Sakshi Agarwal for defendant No.1 present.
    Heard the plaintiff in NM No.2639/19.
    Matter adjd to 22.08.2022 for defendants argument in NM.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-08-2022
    
    Date: 22-08-2022
    Business: Adv.M.R.Yadav for plaintiff present.
    Adv.Bipin Joshi for defendant No.1 present.
    KB
    LO at 04.00 pm
    Adv.Ashutosh Shukla a/w. Adv.M.R.Yadav for plaintiff present.
    Adv.Bipin Joshi for defendant No.1 present.
    Heard Adv.Mr.Bipin Joshi and heard Adv.Ashutosh Shukla for plaintiff in NM 2639/19.
    Matter adjd to 15.09.2022  for Notice of Motion Order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 15-09-2022
    
    Date: 15-09-2022
    Business: As PO is on Leave in Second Sessions, hence, adjourned.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 22-09-2022
    
    Date: 15-09-2022
    Business: As PO is on Leave in Second Sessions, hence, adjourned.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 22-09-2022
    
    Date: 22-09-2022
    Business: None present for both sides.
    KB for order.
    LO at 06.00 pm
    As Court is busy in urgent interim injunction NM No.1266/22 in SU 941/22 hence, adjourned.
    Matter adjd to 12.10.2022 for NM order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 12-10-2022
    
    Date: 12-10-2022
    Business: Adv.M.R.Yadav for plaintiff present.
    None present for deft.
    KB
    LO at 05.30 pm
    Adv.M.R.Yadav for plaintiff present.
    F.R.S.R. the following order is passed.
    ORDER
    1. Notice of Motion No.2639/2019 is partly allowed.
    2. By an order of interim injunction defendant No.1 is restrained from creating third party interest, from alienating the suit premises and from parting with the possession of the suit premises in any manner till disposal of this suit.
    3. Costs shall follow the event.
    4. Notice of Motion No.2639/2019 is disposed of accordingly.
    Nature Of Disposal: OTHER
    Disposal Date: 12-10-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 107762/2019
    Filing Date: 15-07-2019
    First Hearing Date: 20th August 2019
    Decision Date: 12th October 2022
    Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    12 Oct 2022

    Order Details: Notice of Motion Pdf Text: 1 N/M NO.2639/2019 MHCC010072372019 IN THE BOMBAY CITY CIVIL COURT AT MUMBAI NOTICE OF MOTION NO. 2639 OF 2019 IN S.C. SUIT No. 1078 OF 2019 Mrs. Leena D. Patel ...Plaintiff. V/s. 1. Mrs. Bina Lalit Shah & Ors. … Defendants. Appearance Advocates Mr. Manoj Yadav & Mr. Ashutosh Shukla for the plaintiff. Advocate Mr. Bipin Joshi for defendant No.1 & 3. Advocate Ms. Prerna Sharma for defendant No.2. CORAM : HHJ Rajesh…

    Read Full Order

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