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NOTICE OF MOTION

Narayanrao Balwantrao Patil@Nana PatilVsMCGM

CNR MHCC01007397201911-COURT 11 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHER
Decision Date: 03rd November 2023

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
102692/2019
Registration Date
18 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: 22-08-2019
    Business: As Court is busy in hearing Notices of motion in suit no. 850/13,1708/13 and in dictating order in Suit no. 282/16 and also in ad-interim hearing and dictating order in suit no.2284/19. The board is discharged.
    Earlier order to continue till next date.
    The case is adjourned to 04.11.2019 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 04-11-2019
    
    Date: 04-11-2019
    Business: Advocate V.T.Dubey for plaintiff present and filed draft notice of motion along with affidavit in support. T.O.R.
    Advocate for plaintiff also filed draft chamber summons along with affidavit in support. T.O.R.
    Advocate Giri for defendant/MCGM present and sought time. Time is granted.
    Earlier order to continue till next date.
    The case is adjourned to 07.01.2020 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 07-01-2020
    
    Date: 07-01-2020
    Business: Adv. Mr. V.T. Dubey for Plaintiff, tendered registered ch/s no. 2218/19 and NM no.4659/19.
    Adv. Mrs. Mhatre for deft./MCGM present.
    Earlier order, if any, to continue till next date.
    Matter is adjd.for Ch/s and NM reply on 27.02.2020.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 27-02-2020
    
    Date: 27-02-2020
    Business: Adv. Mr. V.T. Dubey for plaintiff present.
    Adv. Mrs. Mhatre for deft./MCGM, prayed for adjd to file reply.
    Earlier order, if any, to continue till next date.
    Matter is adjd. for NM reply on 16.06.2020.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-06-2020
    
    Date: 16-06-2020
    Business: Due to Covid -19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 27-08-2020
    
    Date: 27-08-2020
    Business: adjd.to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 31-10-2020
    
    Date: 31-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 21-12-2020
    
    Date: 21-12-2020
    Business: HHJ is on leave. Hence today board is discharged.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 01-03-2021
    
    Date: 01-03-2021
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 28-04-2021
    
    Date: 28-04-2021
    Business: Due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 04-08-2021
    
    Date: 04-08-2021
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 29-09-2021
    
    Date: 29-09-2021
    Business: CORAM-H.H.J. SHRI.S.D. KULKARNI, (C.R.NO.08)
    (Matter pertains to C.R. No.11)
    Adv. N.K. Dubey for plaintiff present.
    Adv. Khandagale for deft./MCGM present.
    Earlier order if any, to continue till next date.
    Matter is adjd. For NM reply to 08.11.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 08-11-2021
    
    Date: 08-11-2021
    Business: CORAM-H.H.J. SHRI. S.D. KULKARNI (C.R.No.08)
    (Matter pertains to C.R. No.11)
    Adv. Rasid Ansari for plaintiff present.
    Adv. Mr. Khandagle for deft./MCGM present.
    Earlier order if any, to continue till next date.
    Matter is adjd. For NM reply to 15.12.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 15-12-2021
    
    Date: 15-12-2021
    Business: Adv. Mr. V.T. Dubey for plaintiff is present.
    Adv. Mr. Khandagale for Defendant/MCGM is present.
    Adv. for the defendant orally requested for time to file NM and C/S reply.
    Adjourned for NM and C/S reply to 23/02/2022.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 23-02-2022
    
    Date: 23-02-2022
    Business: Adv. Ms. Vijayarani Prasad for plaintiff is present.
    Adv. Mr. Khandagale for defendant/MCGM is present and endorsed say on Ch/s No. 2218/19.
    Heard both the sides on Ch/s.
    Adv. for defendant orally requested for time to file NM reply. Granted.
    Adjourned for Ch/s Order/NM reply 04.03.2022.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 04-03-2022
    
    Date: 04-03-2022
    Business: PO is on leave.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 21-03-2022
    
    Date: 21-03-2022
    Business: Adv. Ms. Vijayarani Prasad for plaintiff is present.
    Adv. Mr. Khandagale for defendant/MCGM is present.
    KB LO 4.48 pm.
    F.R.S.R. following order is passed on Ch/s No. 2218/19:
                               ORDER
    (i).	Chamber Summons No. 2218/2019 is made absolute 		in terms of prayer Clause (a).
    (ii). 	The plaintiff is directed to carry out the proposed 			amendment in the body of the plaint, positively 			within two weeks from the passing of this Order.
    
    (iii). 	Costs to follow the event.
    (iv).	Chamber Summons No. 2218/2019 is disposed off 		accordingly.
    Adjourned for compliance to 04.04.2022.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 04-04-2022
    
    Date: 04-04-2022
    Business: Adv. Ms. Vijayarani Prasad for plaintiff is present and filed copy of amended plaint. The plaintiff is called upon to serve this copy to the other side till the next date.
    None present for defendant.
    Earlier order, if any, to continue till the next date.
    Adjourned for NM reply and WS to 03.08.2022.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 03-08-2022
    
    Date: 03-08-2022
    Business: Adv. Ms. Vijayarani Prasad present for plaintiff.
    Adv. Mr. Khandagale for defendant/MCGM is present and orally requested for time to file NM reply. Granted as a last chance. .
    Earlier order, if any, to continue till the next date.
    Adjourned for NM reply and WS to 01.10.2022.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 01-10-2022
    
    Date: 01-10-2022
    Business: Adv. N.K. Dubey for the plaintiff is present and orally requested for time to verify and file original registered NM No. 2692/2019.
    Adv. Khandagale for defendant/MCGM is present and orally requested for time to file NM reply. Sufficient time is already granted. Hence, this request is discarded. The suit is posted for no reply no WS Order against the defendant.
    Earlier order, if any, to continue till the next date.
    Adjourned for no reply no WS Order to 21.12.2022.
    Next Purpose: ORDER
    Next Hearing Date: 21-12-2022
    
    Date: 21-12-2022
    Business: Adv. Ms. Vijayarani Prasad for the plaintiff is present and tendered registered NM No. 2692/19 with affidavit.
    Adv. Mr. Khandagale for Defendant Nos. 1 and 2/MCGM is present and orally requested for time to file NM reply/WS. Sufficient time is already granted. Hence, this request is discarded. The suit is proceeded without NM reply and WS.
    Earlier order, if any, to continue till the next date.
    Adjourned for  NM hearing (No reply) to 17.02.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-02-2023
    
    Date: 17-02-2023
    Business: Adv. Mr. N.K. Dubey for the plaintiff is present and requested for time to file written submissions on NM. Time is granted.
    Adv. Mr. S.C. Khandagale for defendant/MCGM is present.
    Earlier order, if any, to continue till the next date.
    Adjourned for written submissions on NM (no reply) to 10.04.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-04-2023
    
    Date: 10-04-2023
    Business: Matter pertains to C. R. No. 11
    Adv. N. K. Dubey present for the plaintiff.
    Adv. Mr. Giri for defendant/MCGM is present.
    Earlier order to continue till next date.
    Adjourned for NM for Hearing to 14.06.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-06-2023
    
    Date: 14-06-2023
    Business: Adv. Ms. Prasad for the plaintiff is present and and orally requested for time to file wirtten submission on NM. Time is granted.
    Adv. Mr. G.O. Giri for defendant/MCGM is present.
    Earlier order, if any, to continue till next date.
    Adjourned for written submissions on NM to 05.08.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-08-2023
    
    Date: 05-08-2023
    Business: Adv. Mrs. Vijayarani Prasad for the plaintiff is present and filed written submissions on NM. O-Filed. Copy is supplied to other side.
    Adv. Mr. Khandagale h/f Mr. Giri for defendant/MCGM is present.
    Earlier order, if any, to continue till next date.
    Adjourned for NM hearing by defendant to 04.10.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-10-2023
    
    Date: 04-10-2023
    Business: Adv. Ms. Prasad for the plaintiff is present.
    Adv. Mr. G.O. Giri for defendant/MCGM is present. He is heard on pending NMs. Earlier order, if any, to continue till next date.
    Adjourned for NM Order to 21.10.2023.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 21-10-2023
    
    Date: 21-10-2023
    Business: Adv. Mr. N.K. Dubey for the plaintiff is present.
    Mr. Khandagale h/f Adv. Mrs. Chavan for defendant/MCGM is present. The Court is busy in other urgent matter.
    Earlier order, if any, to continue till next date.
    Adjourned for NM Order to 03.11.2023.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 03-11-2023
    
    Date: 03-11-2023
    Business: Adv. Mrs. Prasad for the plaintiff is present.
    Adv. Mr. S.C. Khandagale for defendant/MCGM is present.
    The following Order is passed on NM No. 4659/2019 after hearing both the parties:
    -: O R D E R :-
    01.	Having considered the rival submissions, it is notable that by assailing the notice dtd. 08.05.2019 and the Order dtd. 31.07.2019, the plaintiff mainly contended that he acquired the suit premises by virtue of the Sale Deed dtd. 11.10.2018, which is filed at Exhibit B of the plaint compilation. The suit premises existed since long and assessed to the taxes. However, as it was old one, he merely carried some minor repairs to it. To fortify this position, he filed the said agreement, which confirms existence of the suit premises, and the assessment bill, at page 45 of the plaint compilation, which bears the first date of assessment of the structure as 01.04.2001. Thus, it is clarified that the suit premises existed since long. Contrary, even directions in the interim Order dtd. 14.06.2019, the defendant did not contest this suit and NM. Hence, there is nothing on record to discard the plaintiff’s claim. In the circumstances, ad-interim relief granted in favour of the plaintiff needs to be continued as per the following Order :
    
    (i). 	Notice of Motion No. 4659/2019 is made absolute in terms of 	prayer clause (a), till disposal of the suit. Consequently, even 	NM No. 2692/2019 stands filed.
    (ii).  	Notice of Motion Nos. 4659/2019 and 2692/2019 are, 	accordingly, disposed of.
    By concent of the parties, the matter is referred to ensuing Lok-Adalat and issuance of separate notices is dispensed with.
    Adjourned for lok-adalat/R.E.(No WS)/LN/ to 09.12.2023.
    Nature Of Disposal: OTHER
    Disposal Date: 03-11-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 107914/2019
    Filing Date: 18-07-2019
    First Hearing Date: 22nd August 2019
    Decision Date: 03rd November 2023
    Court Number And Judge: 11-COURT 11  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    03 Nov 2023

    Order Details: Other Pdf Text: 03.11.2023 Sr. No. 49 CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11) SU 1365/19 NM 4659/19 NM 2692/19 Adv. Mrs. Prasad for the plaintiff is present. Adv. Mr. S.C. Khandagale for defendant/MCGM is present. The following Order is passed on NM No. 4659/2019 after hearing both the parties: -: O R D E R :- 01. Having considered the rival submissions, it is notable that by assailing the notice dtd. 08.05.2019 and the Order dtd. 31.07.2019,…

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