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NOTICE OF MOTION

Mrs. Sushma Milan DolasVsMr. Vijay Raghunath Kokare And Ors

CNR MHCC0100788420191-COURT 01 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 27th February 2024

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
102857/2019
Registration Date
30 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: 17-09-2019
    Business: Adv. Suryavanshi for plaintiff present.
    Adv. Pokale for defendant nos. 2 and 3 present.
    Adv. Santosh Jagtap for defendant no. 1 present.
    Adv. for defendant no. 4 present.
    Plaintiff tendered registered NM no. 2857/19.
    Defendant no. 1 tendered registered NM no.  2588/19.
    Plaintiff filed reply to the NM No.  2588/19.
    Defendant nos. 2 and 3 filed reply to  NM 2588/19.  TOR.
    The Ld. Advocate for the defendant nos. 2 and 3 submitted that written statement filed be treated as reply to NM filed by the plaintiff.
    Draft NM tendered by the defendant no. 4. leave is granted to register.
    The Ld. Advocate for defendant no. 1 submitted that written statement be treated as reply to NM filed by the plaintiff.
    Draft Chamber summons tendered by plaintiff.  Leave is granted to register.
    Adjourned for reply to NM and CS/ hearing on NM to 14.11.2019.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 14-11-2019
    
    Date: 14-11-2019
    Business: Adv. Phuthane for plaintiff present.
    Adv. Pawar for defendant no. 4 present.
    Adv. Pokale for defendant nos.  2 and 3 present.
    Adv. Jagtap for defendant no.  1 present.
    The Ld. Advocate for the plaintiff tendered registered chamber summons no.  2030/19.
    Reply filed on behalf of  defendant no.2 and 3 to CS.
    Reply filed by  def. no. 1 to CS.
    Copy of reply supplied by the defendant nos. 1 to 3  to the Ld. Adovcate for the plaintiff.
    The Ld. counsel for def. No .4 seeks time to register the draft NM.  Time is granted to register NM.
    Adjourned for hearing on chamber summons to 12.12.2019.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 12-12-2019
    
    Date: 12-12-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-02-2020
    
    Date: 07-02-2020
    Reason For Adjournment: court time is over
    Next Purpose: C/S  HEARING
    Next Hearing Date: 16-03-2020
    
    Date: 16-03-2020
    Reason For Adjournment: court time is over
    Next Purpose: C/S  HEARING
    Next Hearing Date: 09-06-2020
    
    Date: 09-06-2020
    Business: In view of declaration of Novel Corona Virus (COVID 19 as Global Pandemic by WHO and Office Order No.83/2020, matter is adjourned.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 16-06-2020
    
    Date: 16-06-2020
    Business: In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 12-10-2020
    
    Date: 12-10-2020
    Business: Both the parties are absent.  Due to Covid-19, the matter is adjourned to 15.12.2020.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 15-12-2020
    
    Date: 15-12-2020
    Business: None for plaintiff.
    Adv. Pokale for deft. nos.2 and 3 present.
    The matter is adjd for Ch/sum hearing to 03.02.2021.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 03-02-2021
    
    Date: 03-02-2021
    Business: Adv. Suryawanshi  for plaintiff present.
    Adv. Jagtap for deft no.1 present.
    Adv. Arvind Taral for deft no.2 and 3 present.
    F.R.S.R  following order in Ch/s  No.2030/19
                                   ORDER
    1. Ch/s No.2030/19 is made absolute in terms of prayer clause (b).
    2. The amendment to take effect from the date of filing of the Chamber summons and the issue of limitation visa-vis he relief claimed by way of Chamber summons is kept open.
    3. pltff to carry out the amendment within the period 14 days of this order and to tender copy of amended plaint on the record.
    The matter is adjd for Compliance/N/M hearing to .18.03.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-03-2021
    
    Date: 18-03-2021
    Business: None for plaintiff.
    Adv. Jagtap for deft. no.1 present.
    Plaintiff carried out amendment pursuant to the order dated 03.02.2021.
    Copy of amended plaint supplied to counsel for deft. no.1.
    The matter is adjd for filing additional written statement and hearing on N/M to 17.06.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-06-2021
    
    Date: 17-06-2021
    Business: In view of office order no.106/2021 dated 14.06.2021, the matter not being urgent, is adjourned to 17/08/2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-08-2021
    
    Date: 17-08-2021
    Business: None present.
    Keep the NM for dismissal.
    Matter adjd for NM dismissal on 12.11.2021.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 12-11-2021
    
    Date: 12-11-2021
    Business: Adv. S.M. Suryanshi for plaintiff is present.
    Adv. Amar Shilvant for defendant no.1 is present.
    Heard partly.
    On oral request matter adjourned for NM hearing.
    Matter adjd for NM hearing on 11.01.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-01-2022
    
    Date: 11-01-2022
    Business: Adv. Santosh Jagtap for Def. no. 01. is present.
    Matter is adjd to NM for hearing on 11/04/2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-04-2022
    
    Date: 11-04-2022
    Business: PO is on leave hence adjd.to 11/07/2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-07-2022
    
    Date: 11-07-2022
    Business: Adv. Suryvanshi for plaintiff is present.
    Adv. Santosh Jagtap for defendant no.1 present.
    KB LO at 4.55 p.m.
    Same appearance.
    On oral request of both the sides.
    Matter adjd to 27.07.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-07-2022
    
    Date: 27-07-2022
    Business: P. O. is on leave. Matter is adjd to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-09-2022
    
    Date: 29-09-2022
    Business: Adv. Sharadha Jadhav for plaintiff is present.
    Defendant is present.
    Matter adjd to 08.12.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-12-2022
    
    Date: 08-12-2022
    Business: Adv. Shraddha Jadhav for plaintiff is present.
    Adv. Jagtap for defendant no.1 is present.
    Matter adjd to 06.02.2023 for NM hearing .
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-02-2023
    
    Date: 06-02-2023
    Business: Adv. Shraddha Jadhav for plaintiff is present.
    Adv. Santosh Jagtap for defendant no.1 is present.
    KB LO at 3.15 p.m.
    Same appearance.
    On oral request of ld.Adv.for plaintiff matter adjourned for NM hearing.
    Matter adjd to 06.03.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-03-2023
    
    Date: 06-03-2023
    Business: P.O. is on leave. Matter adjd to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-04-2023
    
    Date: 11-04-2023
    Business: P.O. is on leave. Matter adjd to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-06-2023
    
    Date: 26-06-2023
    Business: Adv. Rohan Shah h/f Adv. Suryavanshi for plaintiff is present.
    Adv. Jagtap for defendant no.1 is present.
    On oral request of the Ld. advocate for the plaintiff, matter is adjourned for hearing on notice of motion.
    Matter adjd to 21.08.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-08-2023
    
    Date: 21-08-2023
    Business: Adv. S.H. Suryavanshi for plaintiff present.
    Adv. Jagtap for defendant no.1 present.
    KB LO
    Heard the Ld.Adv.for plaintiff and defendant in NM No. 2588/19. It is submitted that both the parties wants to file relevant citations in support of their argument. Hence, the matter adjourned for further hearing.
    Matter adjd to 05.09.2023 for further hearing on NM.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-09-2023
    
    Date: 05-09-2023
    Business: Adv. S. H. Suryawanshi for plaintiff is present.
    Adv. Amar Shilwal h/f Santosh Jagtap for defendant no. 1 is present.
    Heard the ld. Advocate for plaintiff.
    Matter adjd to 27.09.2023 for NM order .
    Next Purpose: NM  ORDERS
    Next Hearing Date: 27-09-2023
    
    Date: 27-09-2023
    Business: None present for plaintiff and defendant.
    Order partly dictated on notice of motion.
    Matter adjd to 29.09.2023 for NM order.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-09-2023
    
    Date: 29-09-2023
    Business: None present for plaintiff and defendant.
    FRSR following order is passed
    Order in NM No. 2588/2019.
    Order
    1. N. M. no.2588/2019 is stands rejected.
    2. N. M. Stands disposed of accordingly.
    Matter adjd to 28/11/2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-11-2023
    
    Date: 28-11-2023
    Business: Adv. Rohan Shah h/f Suryawanshi for plaintiff is present.
    None present for defendant.
    Matter adjd to 30.01.2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-01-2024
    
    Date: 30-01-2024
    Business: P. O is on leave
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-02-2024
    
    Date: 27-02-2024
    Business: Adv. S. M. Suryawanshi for plaintiff is present.
    Adv. Jagtap for defendant no. 1 is present.
    Heard both advocates.
    F.R.S.R following order is passed in Notice of Motion No. 2857of 2019
    ORDER
    1.		Notice of motion  no 2857 /2019  is  hereby partly allowed in the following terms
    (a)		The defendants are hereby restrained from creating third party interest in the suit flat by way of sale, mortgage etc. till the final decision of suit.
    2.		Notice of motion disposed off with no order as to costs.
    Matter adjd to 28.06.2024 for draft issues.
    Nature Of Disposal: ALLOWED
    Disposal Date: 27-02-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 108323/2019
    Filing Date: 30-07-2019
    First Hearing Date: 17th September 2019
    Decision Date: 27th February 2024
    Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 2
    27 Feb 2024
    Order Details: Other
    Pdf Text: 48 27.02.2024
    SU 2456/18
    NM 2857/19
    CORAM : HIS HONOUR JUDGE SHRI R. R. PATARE
    (C.R.NO.1)
    Adv. S. M. Suryawanshi for plaintiff is present.
    Adv. Jagtap for defendant no. 1 is present.
    Heard both advocates.
    F.R.S.R following order is passed in Notice of Motion No.
    2857of 2019
    ORDER
    1. Notice of motion no 2857 /2019 is hereby
    partly allowed in the following terms :-
    (a) The defendants are hereby restrained from
    creating third party interest in the suit flat by way of sale,
    mortgage etc. till the final decision of suit.
    2. Notice of motion disposed off with no order as
    to costs.
    Matter adjd to 28.06.2024 for draft issues.
    Judge
    -- 1 of 1 --
    Final Order 1Full order available
    27 Feb 2024

    Order Details: Notice of Motion Pdf Text: 1 Ord. in NM no 2857 of 2019 in Suit no. 2456 of 2018 MHCC010078842019 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY ORDER IN NOTICE OF MOTION NO.2857 OF 2019 IN SUIT NO.2456 OF 2018 Mrs.Sushma Milan Dolas ...Plaintiff V/s 1. Mr. Vijay Raghunath Kokare & Ors. ....Defendants. CORAM : HIS HONOUR JUDGE SHRI R.R. PATARE (COURT ROOM NO. 01) DATE : 27th DAY OF FEBRUARY, 2024 -: Appearances:- Adv. S.M.Suryawanshi for…

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