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NOTICE OF MOTION

Kanheyalal Dharamnarain AgrawalVsKiran Agrawal w/o. Omprakash Agrawal and Ors.

CNR MHCC01007695201912-COURT 12 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
PENDING

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
102792/2019
Registration Date
25 Jul 2019
Next Hearing Date
30 Oct 2026
Case Stage
NM FOR HEARING

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 09-08-2019
    Business: Adv. Rashmi Yatin for plaintiff present and filed Original Nm no. 2665/19 and 2792/19 along with affidavit.
    Defendant no. 2 present.
    Adv.Nikhil Mehta for defendants present and filed reply to NM no. 2665/19 and 2792/19. Copy served on other side.
    On 12.07.19, Ld. counsel for defendant made the statement at the Bar that no third party interest will be created in the property and the statement was recorded.
    In view of the above, Earlier interim relief to continue till next date.
    Matter stands Adj for hearing on no. 2665/19 and 2792/19 to 11.10.19.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 11-10-2019
    
    Date: 11-10-2019
    Business: P. O. have went to attend Judicial conference to Nashik, Hence Board is discharged.
    Matter stands Adj for NM hearing to 26.11.2019.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 26-11-2019
    
    Date: 26-11-2019
    Business: Adv. Rajesh Jain for plaintiff present.
    Adv. Pooja Pangale for defendant present and filed draft NM for rejection of plaint supported with affidavit. Leave granted to register draft NM. Copy of draft NM served on Plaintiff.
    Earlier order to continue till next date.
    Matter stands Adj for reply to draft NM and hearing on NM no. 2665/19 and 2792/19 to 13.12.19.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 13-12-2019
    
    Date: 13-12-2019
    Business: Court is on leave
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-01-2020
    
    Date: 29-01-2020
    Business: None present for plaintiff.
    Adv. Pooja Pangle for defendant present and filed original NM no. 471/20 along with affidavit.
    Court is busy in dictating Judgment in Commercial Suit no. 86/19 and suit no. 1775/15. Hence Board is discharged.
    Matter stands Adj for hearing on NM to 20.03.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-03-2020
    
    Date: 20-03-2020
    Business: There is no urgency in matter.
    As per directions of office order  no. 66 of 2020 r/w notification dated 14.03.2020, board is discharged.
    Matter stands Adj for hearing on NM to 18.04.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-04-2020
    
    Date: 18-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-05-2020
    
    Date: 08-05-2020
    Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 77 of 2020 matter adjourned.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-05-2020
    
    Date: 29-05-2020
    Business: In view of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-06-2020
    
    Date: 16-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-08-2020
    
    Date: 11-08-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-11-2020
    
    Date: 05-11-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-01-2021
    
    Date: 11-01-2021
    Business: Advocate Rajesh Jain for plaintiff present.
    None for defendant.
    KB at 2.45 pm
    LO at 02.15 pm
    None for Plaintiff.
    Advocate  Devansh h/f adv. Murarka for defendant present.
    KB
    LO at 2.50 pm,
    Advocate Rajesh Jain for plaintiff present.
    Advocate  Devansh h/f adv. Murarka for defendant present and sought time. Time is granted as last opportunity.
    Earlier order is to be continued till next date.
    The case is adjourned to 12.02.2021 at 2.00pm for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-02-2021
    
    Date: 12-02-2021
    Business: Advocate Vishwakarma h/f adv. Rajesh Jain for Plaintiff present seeks time to file reply in NM No.471/20. Time is granted.
    Advocate for Plaintiff shall file reply on next date.
    Advocate  Morarka for defendants present.
    Parties shall complete the pleadings and shall argue the NM on next date without fail.
    The case is adjourned to 19.03.2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-03-2021
    
    Date: 19-03-2021
    Business: Advocate Rajesh Jain for plaintiff present and seeks time to file reply.
    Time is granted as last opportunity.
    Plaintiff shall serve the reply to defendants at least a week in  advance.
    Advocate Narendra Devanvsh for defendant present.
    Earlier order is continued till next date.
    The case is adjourned to 23.04.2021 for NM reply and hearing.
    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: 14-07-2021
    
    Date: 14-07-2021
    Business: Court is vacant
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-09-2021
    
    Date: 08-09-2021
    Business: Matter called out at 03.30 p.m.
    Adv. A. J. Rajbhar for plaintiff present.
    Adv. Narendra Devansh for defendants present.
    It appears from the record that my predecessor on 19.03.2021, granted last opportunity to the plaintiff to file reply with a direction to serve copy of reply in advance to the plaintiff. Till date plaintiff did not file reply.  Hence, motion to proceed without say.
    Kept back.
    Later on at 04.43 p.m.
    Adv. Rajesh Jain for plaintiff present.
    He informed that his client is from Delhi and therefore till date reply could not be filed. In view of the above fact, order of no say is recalled.  Plaintiff is allowed to file reply on or before next date with advance copy to the other side.
    In the event of failure to file reply, this court will proceed without say of the plaintiff.
    Adv. Narendra Devansh for defendants present.
    Matter stands adjourned to 08.10.2021 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 08-10-2021
    
    Date: 08-10-2021
    Business: Matter called out at 4.40 p.m.
    Adv. Rajesh Jain for plaintiff present.
    Adv. Siddharth Murarka a/w Narendra Devvansh, Aachal Jain, Arpit Maleda, Nakul Shah I/b Law Chambers of Siddharth Murarka for defendant present.
    After hearing both the sides on NM No.471/20 and after perusal of plaint, it appears that plaintiff failed to mention valuation of the suit property for the purpose of jurisdiction for the purpose of payment of court fees.  Moreover, plaintiff also claimed an amount of Rs.15,00,000/- towards menes profit and Rs.70,000/- per month towards compensation and plaintiff paid court fee of Rs.4,630/- which appears to be not as per the rules.  Plaintiff is seeking declaration and possession of th suit property which is immovable property situated at Ghatkopar.  Hence, in view of the above the concerned registrar is directed to make inquiry under section 8 of Court fees Act and give valuation of the suit for the purpose of suit valuation.
    Matter stands adjourned to 17.12.2021 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 17-12-2021
    
    Date: 17-12-2021
    Business: Adv. Aanchal Jain I/b Law Chambers of Siddharth Murarka for defendants present.
    Matter mentioned at 4.59 p.m.
    Report received from registrar.  Exh.9.
    Plaintiff is directed to pay deficit court fee of Rs.40,860/- on or before next date.
    Adv. Nakul Shah for defendant present.
    Matter stands adjourned to 11.02.2022 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 11-02-2022
    
    Date: 11-02-2022
    Business: Adv. Rajesh Jain for plaintiff present.
    Adv. Narendra Devvansh for defendants present.  He tendered reply to NM No.471/20. TOR.
    He undertakes to serve the copy to the plaintiff.
    Matter stands adjourned to 25.03.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-03-2022
    
    Date: 25-03-2022
    Business: Matter mentioned at 2.38 p.m.
    Adv. Narendra Devvansh for Deft. No.1 to 3 present.
    None present for plaintiff.
    Matter stands adjourned to 22.04.2022 for NM hearing.
    Later on at 2.50 p.m.
    Adv. Pawan Tiwari for plaintiff present.
    Already adjourned to 22.04.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-04-2022
    
    Date: 22-04-2022
    Business: Court is on leave, Hence board is discharged. Matter adj. to next date
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-07-2022
    
    Date: 08-07-2022
    Business: Plaintiff a/w Adv. Rajesh Jain present. He tendered rejoinder to NM No.471/2020. TOR.
    Copy supplied to the defendant.
    Adv. Narendra Devvansh for defendant present.
    Matter stands adjourned to 19.08.2022 for NM No.471/20
    hearing/orders.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-08-2022
    
    Date: 19-08-2022
    Business: Adv. Rajesh Jain for plaintiff present.
    Adv. Narendra Devvansh for defendant present.
    K.B.
    Later on mentioned at 4.26 p.m.
    Adv. Rajesh Jain for plaintiff present.
    Adv. Siddharth Murarka for defendant present.
    Heard Ld. Advocate for defendant on NM No.471/2020.
    Matter stands adjourned to 30.09.2022 for NM (p.h).
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-09-2022
    
    Date: 30-09-2022
    Business: Adv. Rajesh Jain for plaintiff present.
    Adv. Narendra Devvanash for defendant present.
    By consent, matter stands adjourned to 25.11.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-11-2022
    
    Date: 25-11-2022
    Business: Adv. Rajesh Jain for plaintiff present.
    Adv. Narendra Devvansh for defendant present.
    K.B.
    later on called out at 3.29 p.m.
    Adv. Rajesh Jain for plaintiff present.
    Adv. Siddharth Murarka for defendant present.
    Heard both the sides on NM No. 471/2020.
    Matter stands adjourned to 27.01.2023 for NM argument (p.h)/NM
    orders.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-01-2023
    
    Date: 27-01-2023
    Business: Adv. Rajesh Jain for plaintiff present.
    Adv. Aanchal Jain for defendants present.
    Following F.R.S.R. order is passed in NM No.471/2020.
    ORDER
    1.	Notice of Motion No.471/2020 in Suit No.1281/2014, is hereby dismissed.
    2.	Notice of Motion is disposed off accordingly.
    Matter stands adjourned on 24.03.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-03-2023
    
    Date: 24-03-2023
    Business: Plaintiff a/w Adv. Rajesh Jain present.
    None present for defendant.
    Heard the advocate of plaintiff in NM No.2792/2019.
    Plaintiff tendered citations in NM No.2792/2019. TOR.
    Matter stands adjourned on 02.05.2023 for NM hearing.
    Later on at 4.48 p.m.
    Adv. Anchal Jain I/b Law Chamber of Siddharth Murarka for defendant present.
    Matter already adjourned on 02.05.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-05-2023
    
    Date: 02-05-2023
    Business: None present for plaintiff.
    Adv. Anchal Jain I/b Law Chamber of Siddharth Murarka for defendant No.1(a) to 1(c) present. She is seeking time. Time granted.
    Matter stands adjourned on 11.08.2023 for NM Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-08-2023
    
    Date: 11-08-2023
    Business: Adv Rajesh H. Jian for Plaintiff present.
    Adv for defendant no. 1 (a) to 1 (c) present and seeks time and submitted that the matter is subjudice before the Hon\''ble High Court.
    Matter stands adjourned on 13-10-2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-10-2023
    
    Date: 13-10-2023
    Business: Adv Naina Chauhan for Plaintiff present and seeks time NM hearing. O- Time granted.
    Adv A. Jain for defendant present she filed status of Writ petition filed before Honble High Court.
    Matter stands adjourned on  12-01-2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-01-2024
    
    Date: 12-01-2024
    Business: None for Plaintiff present.
    Advocate Achal Jain for defendant present.
    The Learned Advocate for the defendant has submitted that the matter is pending before the Hon\''ble High Court wherein the order passed by this court is under challenged. Considering the submission, matter stands adjourned.
    Later on at 3.15 pm.
    Advocate Rajesh Jain for plaintiff  present.
    The roznama indicates that on 09.08.2019 the Advocate for the defendant made statement at the Bar that no third party interest will be created in the property and statement was recorded. And on the basis till 19.03.2021, the earlier order was continued on each and every date. The Learned Advocate for the plaintiff submits that thereafter issue regarding court fees was arisen and due to which the continuation of earlier order is not reflected in roznama. He  further submits that no further order passed in that respect.
    It is seen that the defendant has not withdrawn the statement made before the Court on 09.08.2019 therefore it would be necessary and proper to continue the said statement.
    Earlier order, if any, to be continued till next date.
    Matter stands adjourned on 15-03-2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-03-2024
    
    Date: 15-03-2024
    Business: None for Plaintiff present.
    Adv Achal Jain for defendant present.
    Matter stands adjourned on 28.06.2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-06-2024
    
    Date: 28-06-2024
    Business: CORAM - H.H.J. SMT. A. B. SHARMA (CR. 03)
    Adv. Naina Chavan for Plaintiff present. She is seeking time.
    Adv. Jain for defendant present.
    Matter stands adjourned on 06.09.2024 for  Filing Say
    Reason For Adjournment: court time is over
    Next Purpose: FILING SAY
    Next Hearing Date: 06-09-2024
    
    Date: 06-09-2024
    Business: Adv. Patel h/f Adv. Rajesh Jain for Plaintiff present.
    Adv. Achal for defendant present and filed status report in W.P No. 13752/23. t.o.r.
    Earlier order, if any, to be continued till next date.
    Matter stands adjourned on 06-12-2024 for filing say.
    Next Purpose: FILING SAY
    Next Hearing Date: 06-12-2024
    
    Date: 06-12-2024
    Business: Adv. Sakshi Balgukar i/b Adv. Rajesh Jain for Plaintiff present.
    Adv. Achal Jain for defendant present.
    Both the parties have filed their reply on the respective NM\''s. Today they are seeking adjournment for hearing. Both the NM are pending since 2019. Pleadings are completed hence the pleadings of the parties is considered as their arguments.
    Matter stands adjourned on 17-12-2024 for both NM order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 17-12-2024
    
    Date: 17-12-2024
    Business: P.O. is on Leave.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 10-01-2025
    
    Date: 10-01-2025
    Business: CORAM - H.H.J. SMT. A. B. SHARMA (CR. 03)
    Adv. Sakshi Balguher h/f Adv. Rajesh Jain for Plaintiff present.
    Adv. Priyanka Nayar for defendant present and filed adjournment application. t.o.r. and marked as Exh.9
    The roznama indicates that both the NM are pending since year 2019. The defendant have challenged order passed by this Court in NM No. 471/2020 before the Hon\''ble High Court. But there is no stay to the present suit. Already on last date the adjournment was sought for hearing. Both the parties are failed to argue on the NM therefore today both the NM are kept for order. Today also the defendant have filed application for adjournment on the ground that Writ Petition is pending before the Hon\''ble High Court. Mere pendency of writ petition does not amount to stay the proceedings. Therefore, this application is not but tactic of prolonging the matter. Hence, application Exh.9 stands rejected.
    Matter stands adjourned on 13-02-2025 for NM order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 13-02-2025
    
    Date: 13-02-2025
    Business: CORAM - H.H.J. SMT. A. B. SHARMA (CR. 03)
    Adv. Priyanka S. Nair h/f Law Chamber of Siddharth Murarka for Plaintiff present.
    Adv.  for defendant present.
    As Court is busy in hearing in old matter i.e. Suit No. 2960/2010 along with dictating order in NM No. 4840/2024.
    Matter stands adjourned on 11-03-2025 for NM order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 11-03-2025
    
    Date: 11-03-2025
    Business: P.O. is on Leave.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 16-04-2025
    
    Date: 16-04-2025
    Business: CORAM - H.H.J. SMT. A. B. SHARMA (CR. 03)
    Advocate Swati Balguher b/h Advocate Rajesh Jain for Plaintiff present.
    Advocate Sonakshi Chaubey for defendant present and tendered written arguments in Notice of Motion No.2665/2019 and Notice of Motion No.2792/2019. TOR. Copy served to other side.
    Matter stands adjourned on 08-05-2025 for NM order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 08-05-2025
    
    Date: 08-05-2025
    Business: CORAM - H.H.J. SMT. A. B. SHARMA (CR. 03)
    Advocate Sonakshi Chaubey for Plaintiff present.
    Advocate Sakshi R. Balguher alongwith Advocate Rajesh Jain for defendant present.
    Court is busy in hearing urgent matters.
    Matter stands adjourned on 25.07.2025 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-07-2025
    
    Date: 25-07-2025
    Business: P.O. IS ON LEAVE.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-09-2025
    
    Date: 12-09-2025
    Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
    Advocate Mohini Konkar h/f for Plaintiff present.
    Advocate Priyanka Nair for defendant present.
    Court is busy in other matters, hence adjourned.
    Matter stands adjourned to 23-12-2025 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-12-2025
    
    Date: 23-12-2025
    Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
    Advocate Mohini Khanna h/f Advocate Rajesh Jain for Plaintiff present.
    None for defendant present.
    Matter stands adjourned for NM hearing to 24-04-2026.
    Advocate Hitasvi Sanghavi for defendant present.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-04-2026
    
    Date: 24-04-2026
    Business: CORAM - H.H.J. SHRI. S. M. BUKKE (CR. 03)
    Advocate Sakshi R.B. for Plaintiff present.
    Advocate Anchal Jain for defendant present.
    Matter stands adjourned for NM hearing to 23-06-2026.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-06-2026
    
    Date: 23-06-2026
    Business: CORAM - H.H.J. SHRI. S. M. BUKKE (CR. 03)
    None for Plaintiff present. Last chance is granted.
    Advocate Aanchal Jain for defendant present.
    Matter stands adjourned for NM hearing to 21-08-2026.
    Later on at 3.45 PM. Advocate Rajesh Jain for plaintiff present.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-08-2026
    
    Date: 21-08-2026
    Business: Adv. Rajesh Jain for the plaintiff is present.
    Adv. Achal Jain for the defendant is present.
    Matter adjourned for Hearing on NM to 30/10/2026
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-10-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 108182/2019
    Filing Date: 25-07-2019
    First Hearing Date: 09th August 2019
    Court Number And Judge: 12-COURT 12  ADDL SESSIONS JUDGE

    Orders

    0

    No order text is available in this record.

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