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NOTICE OF MOTION

Mrs. Lata w/o Narendra CanserVsVivekanand CHS Ltd.

CNR MHCC0100769720192-COURT 02 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 05th November 2022

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
102798/2019
Registration Date
25 Jul 2019

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: 02-08-2019
    Business: Adv. Neha Pandey for Plaintiff present.
    Plaintiff present.
    Deft and Adv absent.
    Adv for Plaintiff tendered original NM No.2798/19 t.o.r.
    Despite service of notice upon defendant, none appeared on behalf of defendant.
    So, matter is adj for NM hearing to 17.09.2019.
    L.O. at 2.55pm.
    Ex.2 Adv. Chako Joseph filed V/n on behalf of defendant t.o.r.
    Adv for defendant requested to grant permission to file reply.
    Ld.Adv for Plaintiff submitted that she leave it to Court to decide about the same.
    In the interest of justice and fair trial, time is granted to defendant to file reply.
    Adj for NM reply 17.09.2019.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-09-2019
    
    Date: 17-09-2019
    Business: Adv. Firoza Shaikh for plaintiff present.
    Plaintiff present.
    Adv. Chako Joseph for defendant present.
    He filed reply to NM.t.o.r. Copy of reply given to the plaintiff . Matter is adj. for rejoinder on 11.10.2019.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 11-10-2019
    
    Date: 11-10-2019
    Business: As P.O. is proceeded to Nashik to attend Regional Conference,
    board discharge and adjd. to 13.11.2019
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 13-11-2019
    
    Date: 13-11-2019
    Business: Adv. Ravindra Singh for plaintiff present.
    Adv. Tripathi for defendant present.
    Rejoinder filed by plaintiff to reply of defendant.
    Copy is given to other side.
    Adjourned for NM hearing to 04.12.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-12-2019
    
    Date: 04-12-2019
    Business: Adv. Shivastava for plaintiff present.
    Adv. Chako Joseph for defendant present.
    Adjourned to 8.01.2020 for hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-01-2020
    
    Date: 08-01-2020
    Business: Adv. Shivastava for plaintiff present.
    Adv. Tripathi for defendant present.
    Adv. for plaintiff sought adjournment  Granted as last chance.
    Adv. for defendant file draft NM. t.o.r.
    O Leave granted to register it.
    Copy is given to other side.
    Adjourned for reply to 5.02.2020
    Next Purpose: REPLY
    Next Hearing Date: 05-02-2020
    
    Date: 05-02-2020
    Business: Adv Shrivastav h/f Adv Sarogi for plff present.
    Adv Neha Sonawane for deft present.
    She tendered original NM 405/2020. t.o.r.
    Plff filed reply to NM 405/20.
    Matter stands Adj for NM hearing to 26/02/2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-02-2020
    
    Date: 26-02-2020
    Business: Plff present.
    Adv Shrivastav for plff present.
    He filed written submission on NM 2798/2019. t.o.r.  Copy be served to Adv for deft.
    Matter stands Adj for NM hearing to 13/03/2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-03-2020
    
    Date: 13-03-2020
    Business: Plff present.
    Adv Neha Pande for plff present.
    Adv R. S. Tripathi for deft present.
    On last date, Adv for deft wrongly tendered NM 405/2020 in SC SU 2973/2019.  Plff has filed to reply to NM 405/2020. NM along-with reply be returned to Adv for deft.
    Matter stands Adj for NM hearing to 28/03/2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-03-2020
    
    Date: 28-03-2020
    Business: adjourned
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-04-2020
    
    Date: 28-03-2020
    Business: adjourned
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-04-2020
    
    Date: 09-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-04-2020
    
    Date: 21-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-06-2020
    
    Date: 21-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-06-2020
    
    Date: 01-06-2020
    Business: National Lockdown
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-06-2020
    
    Date: 01-06-2020
    Business: National Lockdown
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-06-2020
    
    Date: 18-06-2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-10-2020
    
    Date: 18-06-2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-10-2020
    
    Date: 06-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-12-2020
    
    Date: 06-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-12-2020
    
    Date: 04-12-2020
    Business: None present.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-02-2021
    
    Date: 02-02-2021
    Business: Adv Neha Pande for plff present.
    Adv Chacos for deft present.
    Matter stands Adj for NM Hearing to 26/02/2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-02-2021
    
    Date: 26-02-2021
    Business: Plaintiff present
    Adv Narvekar for plaintiff present.
    Adv Chako Josef for deft. present.
    Adv for plaintiff seeks time for hearing. Granted.
    Matter stands Adj to 09/04/2021 for Hearing on NM
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-04-2021
    
    Date: 26-02-2021
    Business: Plaintiff present
    Adv Narvekar for plaintiff present.
    Adv Chako Josef for deft. present.
    Adv for plaintiff seeks time for hearing. Granted.
    Matter stands Adj to 09/04/2021 for Hearing on NM
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-04-2021
    
    Date: 09-04-2021
    Business: Adv Narvekar for plff present.
    Adv Chako Joseph for deft present.
    Matter stands Adj for NM Hearing to 16/06/2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-06-2021
    
    Date: 16-06-2021
    Business: Due to Covid-19, matter adjd to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-07-2021
    
    Date: 29-07-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-09-2021
    
    Date: 17-09-2021
    Business: Adv Narvekar for plff present.
    Adv Chako Joseph for deft present.
    He seeks time to file short affidavit in reply to say that NM become infructuous.  Granted.
    Matter stands Adj for Affidavit in reply to 12/11/2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-11-2021
    
    Date: 12-11-2021
    Business: Advocate Ravindra Singh for plaintiff present.
    None present for defendants.
    Advocate for defendant failed to file short affidavit to show that notice of motion becomes infructuous. Hence,
    Matter stands Adj for NM hearing to 18.01.2022.
     Judge
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-01-2022
    
    Date: 12-11-2021
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-01-2022
    
    Date: 18-01-2022
    Business: Both parties and their Adv absent.
    Matter stands Adj for NM Hearing to 10/03/2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-03-2022
    
    Date: 10-03-2022
    Business: Adv Ravindra Singh for plff present.
    He seeks time for NM Hearing.  Granted.
    None for deft.
    Matter stands Adj for NM Hearing to 26/04/2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-04-2022
    
    Date: 26-04-2022
    Business: Plff present.
    Adv Narvekar for plff present.
    None for deft.
    P. O. is busy in dictating Judgment in SU 2988/2004.
    Hence, matter stands Adj for NM Hearing to 13/07/2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-07-2022
    
    Date: 13-07-2022
    Business: Adv. Chaudhary for plff present.
    None for deft.
    Adv. Chaudhary seeks time for NM hrg. granted.
    Adjd for NM hrg on 5.9.22.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-09-2022
    
    Date: 05-09-2022
    Business: Adv. Narvekar for plaintiff present.
    None for defendant present.
    Parties are directed to give CTS number of suit property.
    Matter is adjd for hearing of defendant as last chance to 01/11/2022.
    Next Purpose: HEARING
    Next Hearing Date: 01-11-2022
    
    Date: 01-11-2022
    Business: Adv. Karan Chaudhary for plaintiff present.
    None  for defendant present.
    Notes of argument are on record, hence matter is posted for order.
    Parties are directed to give CTS number of suit property.
    Matter is adjd for order to 05/11/2022.
    Next Purpose: ORDER
    Next Hearing Date: 05-11-2022
    
    Date: 05-11-2022
    Business: Adv. Ravindra Singh for plaintiff present.
    None for defendant present.
    FRSR following order passed :-
    Order -
    1) Notice of motion no. 2798/2019 is hereby allowed without costs.
    2) The defendant society is hereby restrained from causing obstruction in the lawful possession of plaintiff in respect of suit premises till the final decision of suit.
    Nature Of Disposal: ALLOWED
    Disposal Date: 05-11-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 108183/2019
    Filing Date: 25-07-2019
    First Hearing Date: 02nd August 2019
    Decision Date: 05th November 2022
    Court Number And Judge: 2-COURT 02 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    05 Nov 2022

    Order Details: Notice of Motion Pdf Text: ORDER ..1.. MHCC010076972019 IN THE CITY CIVIL COURT FOR GREATER MUMBAI NOTICE OF MOTION NO. 2798 OF 2019 IN S.C.SUIT NO.2008 OF 2019 Mrs. Lata W/o. Narendra Canser. ...Plaintiff. Versus. Vivekanand CHS Ltd., .… Defendant. Appearance : Adv. Ashok Saraogi for the plaintiff. Adv. Chacko Joseph for the defendant. CORAM : HIS HONOUR JUDGE R.R.Patare COURT NO.2 DATED : 5th November 2022. ORAL ORDER Perused pleadings, evidence and heard advocate for the parties.…

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