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NOTICE OF MOTION

Shailesh Gulab Advani and Ors.VsTarminder S. Khuranan and Ors.

CNR MHCC01007273201963-COURT 63 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 02nd May 2024

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
102653/2019
Registration Date
16 Jul 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: 29-08-2019
Business: Matter called out(3.32pm)
Adv.Ms.Duraiya Retiwal for defendants present.
Defendant no.4 and 5 tendered original N/M No.2653/19.
Heard Ld.Adv.for defendant on C/S No.1928/16 and 1929/16.
Plaintiff and his advocate absent.
In order to give one chance took the plaintiff.
Plaintiff to file reply to N/M No.2653/19.
Defendant no.1,2 and 3 to file reply on N/M No.1070/19.
Matter adj for hearing on N/M on 30/08/19.
Later on at 5.20pm
Adv.Ms.Shaita Hadi i/b Adv.Charageet Chaudhari for plaintiff present.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-08-2019

Date: 30-08-2019
Business: Matter called out(4.59pm)
Adv.Adv.Ms.Shaita Hadi i/b Adv.Charageet Chaudhari for plaintiff present.
Adv.Ms.Duraiya Retiwal for defendant no.2 present tendered reply on N/M No.1070/19.
Copy serve to the plaintiff.
Matter adj for hearing on 31/08/19.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 31-08-2019

Date: 31-08-2019
Business: Matter called out(4.46pm)
Plaintiff No.2 in person present filed written submission. Copy serve to the other side.
Adv.Ms.Duraiya Retiwal for defendants present.
Matter adj for order on C/S No.1929/16 and C/S No.1928/16 and hearing on N/M on 04/09/19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-09-2019

Date: 04-09-2019
Business: Matter called out(3.27pm)
None present.
Matter adj for order on 20/09/19.
Later on                                                                                                 Adv. Charanjeet Chandrapal for Plaintiff present.                                     Adv. Urshita Jain for Defendant No.1 to 5 present.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-09-2019

Date: 20-09-2019
Business: Matter called out(3.12pm)
Plaintiff no.2 in person present.
Adv.Retiwala for defendants present.
Defendant filed reply on N/M No.1070/19. Copy serve to the plaintiff no.2.
Plaintiff no.2 filed reply to N/M No.2653/19. Copy serve to the defendants.
F.R.S.R following order is passed on N/M No.1928/16.
ORDER
1. Chamber Summons No.1928 of 2016 is partly allowed.
2. Defendant No.1 is allowed to carry out necessary amendment as set out in schedule in proposed para.no.14(32), 14(34), 14(37) and 14(38) within in period of 14 days from the date of present order.
3. Parties to bear their own cost.
4. Chamber Summons No.1928 of 2016 is disposed off accordingly.
F.R.S.R following order is passed on N/M No.1929/16
ORDER
1. Chamber Summons No.1929 of 2016 is partly allowed.
2. Defendants are allowed to carry out necessary amendment as set out in schedule in proposed para.no.14(32), 14(34), 14(37) and 14(38) within in period of 14 days from the date of present order.
3. Parties to bear their own cost.
4. Chamber Summons No.1929 of 2016 is disposed off accordingly.
Matter is adj for hearing on 07/11/19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-11-2019

Date: 07-11-2019
Business: Matter called out at 4.36 p.m.
Adv Samiksha Kanani for plff. present.
Adv Duraiya S. Retiwala for deft present and filed rejoinder. Copy served to the other side.
Matter is adj to 10.01.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-01-2020

Date: 10-01-2020
Business: Matter is called out at 4.00pm
Plaintiff present.(GAutam Advani)
Adv.Vaibhavi Gada i/b Adv.Charanjeet Chanderpal for plaintiff present
Adv.Mahesh Vaswani a/w Amit Bel for defendant present.
Defendant no.3 in person present.
Defendant no.4 in person present.
Court is having final argument in Suit No. 9284 of 2000.
Hence, matter is adj to 15/02/2020 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-02-2020

Date: 15-02-2020
Business: Matter is called out at 3.27 p.m.
Pltff in person present.
Adv Vaibhavi Lala I/b Adv. Chairanjeet Chandrapal for pltff present.
Deft Mahesh Vaswani in person present.
Adv Dharini Nagda for all defendants present.
Matter is adj to 26/03/2020 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-03-2020

Date: 26-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-04-2020

Date: 18-04-2020
Business: NATIONAL LOCKDOWN.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-05-2020

Date: 29-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-06-2020

Date: 16-06-2020
Business: Due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-08-2020

Date: 11-08-2020
Business: Due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-09-2020

Date: 19-09-2020
Business: None present.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-11-2020

Date: 02-11-2020
Business: Due to Covid-19 none present.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-01-2021

Date: 06-01-2021
Business: Adv Siddharth for plaintiff present.
Defendant and advocate absent.
Ld. Adv for plaintiff requested adjournment as Sr. Advocate is absent today.
Matter adjd for N.M. hearing on 24/03/2021.
L.O. Adv Dharini Nagda for defendant no.1 to 5 present.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-03-2021

Date: 24-03-2021
Business: Adv Shahista for plaintiff present.
Adv Retiwala for defendant present. She filed draft N.M. along with affidavit in support. Leave is granted to register.
Copy of NM served on Ld. Adv for plaintiff.
Matter adjd to N.M. reply on 15/06/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-06-2021

Date: 15-06-2021
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-07-2021

Date: 23-07-2021
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-09-2021

Date: 23-09-2021
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-10-2021

Date: 25-10-2021
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-11-2021

Date: 25-11-2021
Business: Court is on Leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-01-2022

Date: 14-01-2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-03-2022

Date: 24-03-2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-06-2022

Date: 22-06-2022
Business: Adjourned for NM for Hearing to 11/08/2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-08-2022

Date: 11-08-2022
Business: court is vacant.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-09-2022

Date: 30-09-2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-11-2022

Date: 30-11-2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-01-2023

Date: 03-01-2023
Business: Court is Vacant.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-02-2023

Date: 18-02-2023
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-02-2023

Date: 21-02-2023
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-04-2023

Date: 20-04-2023
Business: Advocate Priti Aniket Wagale for plaintiff is present.
Advocate Retiwala for defendant is present.
Adjd. for NM hearing to 03/07/2023
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-07-2023

Date: 03-07-2023
Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
Adv. Kiran Sharma present for plaintiff.
Adv. Dharni Nagda present for defendant nos.02 and 03.
Adv. Taslim Vohra h/f Adv. Daraiyas Retuvile present for defendant nos.01, 04 and 05.
KB
Adv. for plaintiff filed pursis. t.o.r. Marked as Exh-15.
Matter is adjd. for hearing on NM no.2653/2019 and NM no.1070/2019 to 13.07.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-07-2023

Date: 13-07-2023
Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
Adv. Sandeep Kanojia h/f Charanjeet Chandrapal present for plaintiff.
Adv. Duraiya Retiwala present for defendant no.01.
Adv. Shreya Tiwari h/f Dharini Nagda present for defendant nos.02 and 03.
Matter is adjd. for NM hearing to 31.07.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-07-2023

Date: 31-07-2023
Business: Adv. Kavita Sharma h/f Adv. Shamim Shaikh for plaintiff present and filed affidavit in reply to NM No. 2653/19. T.O.R
Adv. Retiwala for defendant no. 1, 4 and 5 present.
Court is busy in passing order in NM No. 3370/21 and Nm  2272/23 in suit no. 2361/21 hence adjourned.
Matter is adjd. for NM hearing to 12/09/2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-09-2023

Date: 12-09-2023
Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
None present for plaintiff.
Adv. Duraiya S. Retiwala present for defendant nos.01, 04 and 05 and filed three affidavits. t.o.r. Marked as Exh-16, 17 and 18. Adv. D. S. Retiwala for defendant is directed to serve copies of affidavit to Adv. Kavita Sharama Adv. Salim Shaikh and Adv. Charanjeet Chandrapal whose names are mentioned in the affidavits. Matter is adjourned on reply on affidavits and hearing on Notice of Motion as adv. for plaintiff is absent.
Adv. Dharini Nagda ahd Adv. Shreya Tiwari present for defendant no.03.
KB
LO at 04.10 p.m.
Adv. Rajesh Verma for plaintiff filed Vakalatnama on behalf of plaintiff no.02. t.o.r. Marked as Exh-19.
Adv. for plaintiff submitted that Senior Adv. Shri. Chandrapal is unable to come and sought adjournment. O- Granted as a last chance with direction to argue on NM on next date otherwise further order will be passed and matter will be fixed for further stage.
Copy of reply affidavit is given to otherside.
Matter is adjd. for NM hearing to 18.10.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-10-2023

Date: 18-10-2023
Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
Adv. Shaheen Shaikh i/b Adv. Charanjeet Chandrapal present for plaintiff.
Adv. Duriya Retiwala present for defendant nos.01, 04 and 05.
Adv. for plaintiff filed written argument in NM no.2653/2019. t.o.r. Copy is served on advocate for defendant.
Adv. for defendant filed rejoinder affidavit to NM no.2653/2019. t.o.r. She also filed service affidavit regarding service of affidavits Exh-16 to Exh-18 on concern advocates. She also filed service affidavit of serving rejoinder on plaintiff. Adv. for plaintiff admits receiving copy of rejoinder of adv. for defendant.
Matter is adjd. for NM hearing to 04.12.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-12-2023

Date: 04-12-2023
Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
Adv. Trisha Jariwala present for plaintiff.
Adv. Dharini Nagda alongwith Adv. Shreya Tiwari present for defendant nos.02 and 03 and sought adjournment to argue on Notice of Motion. O- Granted as a last chance.
Adv. Tasneem Vohra h/f Adv. Puraiya Retiwala present for defendant nos.1 and 04 and 05
Plaintiff and defendant no.04 are present.
Matter is adjd. for NM hearing to 03.01.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-01-2024

Date: 03-01-2024
Business: CORAM : H.H.J. SHRI A. K. KALE (C.R.NO.63)
Adv. Nikita Pandey present for plaintiff.
Adv. Ridhiwala present for defendant nos.01, 04 and 05.
Adv. Dharini present for defendant nos.02 and 03.
Defendant nos.01 and 05 are present.
KB for argument.
Heard argument of Adv. Ridhiwala present for defendant nos.01, 04 and 05.
Matter is adjd. for NM hearing to 01.02.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-02-2024

Date: 01-02-2024
Business: court is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-02-2024

Date: 27-02-2024
Business: CORAM : H.H.J. SHRI A. K. KALE (C.R.NO.63)
Adv. Nikita Pandey present for plaintiff.
Adv. Shreya Tiwari present for defendant.
KB
LO at 04:08 p.m.
Adv. for plaintiff and requested for time for further argument.
Adv. Mahesh Wasvani alongwith Shreya Tiwari present for defendant no.02.
Defendant is present
Matter is adjd. for NM hearing to 26.03.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-03-2024

Date: 26-03-2024
Business: CORAM : H.H.J. SHRI A. K. KALE (C.R.NO.63)
Adv. Nikita Pandey present for plaintiff.
Adv. D. S. Retiwala present for defendant no.04.
Plaintiff and defendant are present.
Matter is adjd. for NM order to 05.04.2024.
Next Purpose: NM  ORDERS
Next Hearing Date: 05-04-2024

Date: 05-04-2024
Business: CORAM : H.H.J. SHRI A. K. KALE (C.R.NO.63)
None present for plaintiff.
Adv. Mahesh Vasvani present for defendants.
Matter is adjd. for NM order to 16.04.2024.
Next Purpose: NM  ORDERS
Next Hearing Date: 16-04-2024

Date: 16-04-2024
Business: CORAM : H.H.J. SHRI A. K. KALE (C.R.NO.63)
Adv. Nikita Pandey present for plaintiff.
Adv. Mahesh Vasvani present for defendant.
KB
LO at 03:48 p.m.
Adv. for defendant submitted two case laws of Hon’ble Supreme Court in (Civil Appeal no.500/2022) and (Civil Appeal no.2717/2023).
Plaintiff is present.
As court is busy in dictating order in Suit no.2634/2003, this matter is adjourned.
Matter is adjd. for NM order to 24.04.2024.
Next Purpose: NM  ORDERS
Next Hearing Date: 24-04-2024

Date: 24-04-2024
Business: CORAM : H.H.J. SHRI A. K. KALE (C.R.NO.63)
None present for plaintiff.
Adv. Duraiya S. Retiwala alongwith Adv. Mahesh Vaswani, Adv. Dharini Nagda, Adv. Shreya Tiwari, Adv. Lakshita Fatnani and Adv. Rajesh Ranglani present for defendants.
LO at 04:07 p.m.
Adv. Prabhat Kumar Singh h/f Adv. Charanjeet Singh present for plaintiff.
Matter is adjd. for NM order to 25.04.2024.
Next Purpose: NM  ORDERS
Next Hearing Date: 25-04-2024

Date: 25-04-2024
Business: CORAM : H.H.J. SHRI A. K. KALE (C.R.NO.63)
Adv. Prabhat Kumar Singh present for plaintiff.
Adv. Duraiya Retiwala alongwith Adv. Mahesh Vaswani, Adv. Dharini Nagda, Adv. Shreya Tiwari, Adv. Lakshita Fatnani and Adv. Rajesh Ranglani present for defendant.
KB order
LO at 03:58 p.m.
Adv. Tasheem Nohra i/b Adv. Duraiya Retiwala present for defendant.
It is submitted that the plaintiff no.02 was present on last date but his presence was not marked. So the roznama of last date be read as plainitff no.02 is present.
Plaintiff no.02 is present.
Matter is adjd. for NM order to 30.04.2024.
Next Purpose: NM  ORDERS
Next Hearing Date: 30-04-2024

Date: 30-04-2024
Business: Adv. present for plaintiff.
Adv. Duraiya Retiwala a/w Adv. Mahesh Vaswani  present for defendant no.4
K.B
Matter is adjd. for  NM Orders to 02.05.2024 .
Next Purpose: NM  ORDERS
Next Hearing Date: 02-05-2024

Date: 02-05-2024
Business: CORAM : H.H.J. SHRI A. K. KALE (C.R.NO.63)
Plaintiff no.2 in person present .
Adv. Jasmeen Vohra present for defendants.
F. R.S.R. following order is passed on:
Order:
Notice of Motion No. 2653/19 stands dismissed and disposed off, accordingly.
Nature Of Disposal: DISMISSED
Disposal Date: 02-05-2024

Additional Case Details

Additional Case Details
Filing Number: 107782/2019
Filing Date: 16-07-2019
First Hearing Date: 29th August 2019
Decision Date: 02nd May 2024
Court Number And Judge: 63-COURT 63 ADDL SESSIONS JUDGE

Orders

1
Final Order 1Full order available
02 May 2024

Order Details: Notice of Motion Pdf Text: Notice of Motion No. 2653 of 2019 1 MHCC010072732019 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. NOTICE OF MOTION NO. 2653 OF 2019 IN S. C. SUIT NO. 4125 OF 2011 (High Court Suit No. 1962 of 2011) Shailesh Gulab Advani and Ors. …. Applicants (Orig. Defendant Nos 4 and 5) IN THE MATTER OF Shailesh Gulab Advani and others ….Plaintiffs Versus Tarminder Singh Khurana And others. ...Defendants CORAM : HIS HONOUR…

Read Full Order

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