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NOTICE OF MOTION

Sunita Vivek Virkar And OrsVsSmt Sushma Sudhakar Moglewar

CNR MHCC0100744420187-COURT 07 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 30th November 2019

TrustJury record updated 14 Sept 2026

Case Overview

Registration Number
102301/2018
Registration Date
22 Jun 2018

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: 05-07-2018
    Business: Plff. Present. Adv Mr. Sankpal for plff. Present.
    Adv Ms.  Swaminathan For deft no.1present.
    None for deft. no.2
    Adv for plff. tendered registered Notice of Motion no.2301/18.
    Adv for deft. no. 1 tendered on record reply to the Notice of Motion no. 2301/18 moved by the plff. Copy supplied to other side. Ld. Adv for deft. no.1 sought time for hearing of Notice of Motion but categorically admitted that physical possession of the suit property is with the plaintiff. She further submitted that the physical possession of the Suit property is with the plaintiff, the plff is fraudulently in possession of the same.
             Whatever may be position, when admittedly rightly or wrongly physical possession of the suit property is with the plff. and when the plff has moved the motion seeking interim relief of injunction pending trial and when there is apprehension of dispossession and when the Ld. Adv for deft. no. 1 is unable today to argue then, it is necessary to grant ad-interim protection to the plaintiff till next date.
          Accordingly deft. no. 1 is directed by way of ad-interim relief to maintain the status-quo of the suit property as it is appearing at 3.20pm of 05.07.2018 till next date.
    Adjd. For hearing of Notice of Motion on 01.08.2018.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 01-08-2018
    
    Date: 01-08-2018
    Business: Adv Ravindra Vishnu Laxmi Sankpal for plaintiff present.
    Defendant present.
    Earlier order to be continue till next date.
    Adjourned to 22.10.2018  for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-10-2018
    
    Date: 22-10-2018
    Business: Adv. Sankpal for Plaintiff Present.
    None Present for defendant.
    Earlier order to continue till next date.
    Adjd to 14/02/2019 for hearing on N.M
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-02-2019
    
    Date: 14-02-2019
    Business: Plaintiff Present. Adv. Sankpal for Plaintiff Present and submitted that, Plaintiff filed affidavit of evidence and documents are exhibited and matter adjourned for cross examination meanwhile the defendant disturbed possession of Plaintiff, the Plaintiff has taken N.M. No. 2301/18 and interim protection is given to Plaintiff by passing order to maintain statusquo, then the defendant filed reply and protection is continue so matter be fixed for cross examination.
    After perusal of Roznama it shows Plaintiff filed evidence and documents and matter is adjd to for cross-examination. Then N.M is taken, so interim Protection is given to Plaintiff is continue till further order, meanwhile defendant to cross examine P.W. 1. Hence, adjd for cross examination. None Present for defendant.
    Adjd to 03/05/2019 for cross examination at. 02.45 p.m
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 03-05-2019
    
    Date: 03-05-2019
    Business: Adv. Mr. Sankpal for Plaintiff Present and submitted that, earlier order of maintaining status-quo be continued till disposed off suit and defendant absent.
    Earlier order is to continue till next date.
    None Present for Defendant.
    Adjd to 02/07/2019 for hearing on N.M
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-07-2019
    
    Date: 02-07-2019
    Business: Due to Heavy Rain. Staff is absent.
    Therefore, Board is Discharge
    Matter is Adjd for N/M Hearing to 21/08/2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-08-2019
    
    Date: 21-08-2019
    Business: Plaintiff no.1A Ms.Sunita
    Adv for plaintiff Ms. Present.
    None for the defendant.
    Defendant Sushma Moglewar is senior citizen.
    Matter be transfer to senior citizen court CR No.7.
    Matter is Adjd for N/M Hearing to 07.10.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-10-2019
    
    Date: 07-10-2019
    Business: Matter called out(3.08pm)
    Adv.Ankush Sarof i/b R.V.Sankpal and Assoc. for plaintiff present.
    It appears since long no body appear for a defendant. Hence, N/M No.2301/18 to proceed in the absence of defendant on the basis of reply filed by them.
    Matter is adj to 29/11/19 for hearing on N/M.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-11-2019
    
    Date: 29-11-2019
    Business: Matter called out(2.59pm)
    Adv.Ankush Saraf for plaintiff present.
    None for defendant.
    Heard Adv.for plaintiff on N/M No.2301/18.
    Matter is adj to 30/11/2019 for N/M order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 30-11-2019
    
    Date: 30-11-2019
    Business: Matter called out(3.33pm)
    Adv.Ankush Saraf for plaintiff present.
    Defendant and his advocate absent.
    F.R.S.R following order is passed on N/M No.2301/18.
    ORDER
    1. Notice of Motion No.2301 of 2018 is hereby allowed in terms of prayer clause (a) and (b)
    2. Plaintiff to bear cost of Notice of Motion.
    3. Notice of Motion No.2301 of 2018 is disposed off accordingly.
    Nature Of Disposal: ALLOWED
    Disposal Date: 30-11-2019

    Additional Case Details

    Additional Case Details
    Filing Number: 108181/2018
    Filing Date: 22-06-2018
    First Hearing Date: 05th July 2018
    Decision Date: 30th November 2019
    Court Number And Judge: 7-COURT  07 ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    30 Nov 2019

    Order Details: Notice of Motion Pdf Text: NM 2301-18 in Suit No. 5843-2007 1 Date : 30.11.2019 IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI NOTICE OF MOTION NO. 2301 OF 2018 IN SUIT NO. 5843 OF 2007 (CNR NO.MHCC010074442018 ) Smt. Sunita Vivek Virkar & Ors. .. Plaintiffs Versus Smt. Sushma Sudhakar Moglewar & Anr. .. Defendants Appearances : Ld. Adv.Ankush Saraf for plaintiff present. None for defendant. Coram : His Honour Judge Shri. A.H.Laddhad Additional Judge CR…

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    Order 1Full order available
    30 Nov 2019

    Order Details: Notice of Motion Pdf Text: NM 2301-18 in Suit No. 5843-2007 1 Date : 30.11.2019 IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI NOTICE OF MOTION NO. 2301 OF 2018 IN SUIT NO. 5843 OF 2007 (CNR NO.MHCC010074442018 ) Smt. Sunita Vivek Virkar & Ors. .. Plaintiffs Versus Smt. Sushma Sudhakar Moglewar & Anr. .. Defendants Appearances : Ld. Adv.Ankush Saraf for plaintiff present. None for defendant. Coram : His Honour Judge Shri. A.H.Laddhad Additional Judge CR…

    Read Full Order

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