NOTICE OF MOTION
Mr. Pawankumar Gulabchand JainVsShri Paras Sundarji Dedhia +2 more
CNR MHCC0100813220189-COURT 09 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--OTHER
Decision Date: 29th March 2022
TrustJury record updated 14 Sept 2026
Case Overview
- Registration Number
- 102518/2018
- Registration Date
- 06 Jul 2018
Advocates
1For Petitioner
For Respondent
Not available
Parties
4Petitioner
Respondent
Acts & Sections
1Protection of Women from Domestic Violence Act · Sec 9
Case History / Proceedings
Case History
Date: 17-07-2018
Reason For Adjournment: court time is over
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-08-2018
Date: 09-08-2018
Business: Matter adj. to 17/10/2018 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-10-2018
Date: 17-10-2018
Reason For Adjournment: court time is over
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-01-2019
Date: 10-01-2019
Reason For Adjournment: court time is over
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-03-2019
Date: 01-03-2019
Reason For Adjournment: court time is over
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-04-2019
Date: 11-04-2019
Business: Adjd
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-06-2019
Date: 21-06-2019
Business: Adv. Bhat for the Plaintiff present.
None present for Defendant no. 1.
None present for Defendant nos. 2 and 3
Rejoinder to reply tendered by the Plaintiff. t.o.r.
Matter is adjd. to 9.08.2019 for N/M hearing/ passing no WS order against Defendant no. 1 to 3
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-08-2019
Date: 09-08-2019
Business: Adv. G. B. Bhat for the Plaintiff present.
Adv. Sayli Patil for Defendant-1 present.
Adv. Mangal Kadam for 2 and 3 present.
By consent matter is adjd. to 24.09.2019 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-09-2019
Date: 24-09-2019
Business: As the Court is busy in dictating Judgment, orders and other matters on board, hence board is discharged.
Matter is adjd. to 15.10.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-10-2019
Date: 15-10-2019
Business: Adv. Mr. G. B. Bhat for the Plaintiff present.
Adv. Ms. Chandramore for BMC/Defendant no. 2 present.
Defendant-3 exparte.
None present for Defendant-1
Defendant no.1 and 2 have failed to file Written Statement. Hence no Written Statement order is passed against Defendant no.1 .
Matter is adjd. to 19.11.2019 for N/M hearing/ evidence of the Plaintiff (without WS )
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-11-2019
Date: 19-11-2019
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-12-2019
Date: 10-12-2019
Business: Plaintiff is present.
Adv. G.B Bhat Plaintiff is present.
Adv.Chandramore for defendant no. 2 is present.
Adv. Sayali Pathare for defendant no. 1 is present. she seeks time for tendering draft NM o Granted .
Matter is adjourned for NM hearing/evidence without WS to 09/01/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-01-2020
Date: 09-01-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-02-2020
Date: 13-02-2020
Business: Adv. G.B.Bhat for plaintiff is present. He filed reply to draft N/M of defendant no. 1. Copy served to defendant no. 1.
Adv. Mangal Kadam for defendant no.3 is present.
Adv. Chandramore for defendant no.2 is present.
Adv. Sayali Patre for defendant no. 1 is present. She seeks extension of time for registration of N/M . O granted.
Matter is adjd. for N/M hearing/tendering registered N/M to 30/03/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-03-2020
Date: 30-03-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-04-2020
Date: 15-04-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-04-2020
Date: 22-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-05-2020
Date: 13-05-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-06-2020
Date: 02-06-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-06-2020
Date: 19-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-11-2020
Date: 03-11-2020
Business: Due to lockdown because of Covid-19, board is discharged and as per SOP only urgent matters are taken up.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-01-2021
Date: 18-01-2021
Business: Adv. Mr. G. B. Bhatt for the plaintiff.
Plaintiff is present.
Adv Chandramore for the defendant no.2.
None for defendant no.1.
Defendant no.1 has not taken steps to register NM. Last chance is granted to defendant no.1 for tendering registered NM till next date.
On oral request, matter is adjd. to 01/04/2021 for tendering registered NM and hearing on NM No.2518/18.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-04-2021
Date: 01-04-2021
Business: Due to SOP only urgent matter are taken up. Hence, the Board is
discharged.
Matter is adjd. to 15/06/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-06-2021
Date: 15-06-2021
Business: Due to COVID-19 pandemic.
Matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-07-2021
Date: 16-07-2021
Business: Adv. Mr. Bhatt for plaintiff present.
Adv. Ms. Sayli Pakhare for the defendant No.1 is present and tendered registered NM No.976/2021 along with affidavit in support.
Matter is adjd. to 26/08/2021 for NM reply.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-08-2021
Date: 26-08-2021
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-11-2021
Date: 18-11-2021
Business: Adv G.B.Bhatt present for the plaintiff.
Adv Sayali Pakhare present for the defendant.
Adv Mangal Kadam present for the defendant no.3
Adv Chandramore present for defendant no.2
Matter is adjd. to 03.12.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-12-2021
Date: 03-12-2021
Business: Adv G.B.Bhatt present for the plaintiff.
Adv Sayali Pakhare present for the defendant.
Adv Mangal Kadam present for the MHADA./ defendant no.3
Adv Chandramore present for the corporation./ defendant no.2
Argument heard on both the sides.
Matter is adjd. to 04.12.2021 for orders.
Next Purpose: ORDER
Next Hearing Date: 04-12-2021
Date: 04-12-2021
Business: Adv Mr.G.B.Bhatt present for the plaintiff.
Adv Sayali Pakhare present for the defendant.
Adv Mangal Kadam present for the MHADA./ defendant no.3
Adv Chandramore present for the corporation./ defendant no.2
FRSR following order is passed-
ORDER
1. Notice of Motion No.976 of 2021 is allowed subject to payment of costs of Rs.10,000/- to be paid by the defendant No.1 to the plaintiff within 30 days from the date of this order.
2. The written statement of defendant No.1 be taken on record after payment of cost as above.
3. Notice of Motion No.976 of 2021 is disposed of accordingly.
Matter is adjd. to 21.01.2022 for WS of defendant no.1
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 21-01-2022
Date: 21-01-2022
Business: Adv Mr.G.B.Bhat for plaintiff present.
Adv.Mangal Kadam for defendant/MHADA present.
Ld advocate for plaintiff submits that as per order in NM No.976/2021 the defendant no.1 has paid cost to the plaintiff. Ld advocate for plaintiff acknowledges the same on roznama.
Hence, the WS of defendant no.1 i.e. reply of NM no.2518/18 is accepted as WS of defendant no.1 and R and R.
Matter is adjd. to 23.02.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-02-2022
Date: 23-02-2022
Business: Adv G.B. Bhat for plaintiff present.
Adv.Mangal Kadam for defendant/MHADA present.
Adv. Chandramore for defendant/Corporation present.
KB
L.O. 4.10 pm.
Adv G.B. Bhat for plaintiff present.
Heard Ld. adv. for plaintiff and defendant no. 2 and 3 regarding NM no. 2518/18.
None present for defendant no. 1. Hence, his argument regarding NM 2518/18 is closed.
Matter is adjd. to 05-03-2022 order on NM no.2518/18.
Next Purpose: NM ORDERS
Next Hearing Date: 05-03-2022
Date: 05-03-2022
Business: Adv.G.B.Bhatt for plaintiff is present filed reply to NM No.819 of 22.
Adv.Sayali Patre for defendant no.1 is present and filed registered NM No.819 of 22.
Order
1.The Notice of Motion No. 819 of 2022 is allowed subject to cost of Rs.2,500/- paid by defendant No.1 to the Plaintiff on or before next date.
2. The Order passed by this court on dtd.23.02.2022 closing the argument of defendant no.1 on NM is set aside.
3. The Notice of Motion No.819 of 2022 along with Suit No.1223 of 2018 be listed on 09th March 2022 for argument of defendant no.1. If, defendant No.1 is failed to argue the Notice of Motion No.2518 of 2018, the argument of defendant No.1 will be closed and matter will be listed for orders.
4.Defendant No.1 to bear his own costs of this Notice of Motion.
5.Notice of Motion No.819 disposed of accordingly.
Matter is adjd. to 09.03.2022.
Next Purpose: NM ORDERS
Next Hearing Date: 09-03-2022
Date: 09-03-2022
Business: Adv. G.B.Bhatt for Plff. present.
Adv. Hasan Khan a/w Adv. Sayali Pakhare for Deft. No. 1 present.
Argument for MHADA and BMC is already heard.
Heard argument for Adv. for Plff. and Adv. for Deft. No. 1.
Matter is adjd. to 15-03-2022 for order on N/m 2518/18.
Next Purpose: NM ORDERS
Next Hearing Date: 15-03-2022
Date: 15-03-2022
Business: Adv. G. B.Bhat for Plff. present.
Adv. Chandramore for BMC present.
Adv.Mangal Kadam for defendant/MHADA present.
Court is busy in hearing St 398/22.
Matter is adjd. to 22-03-2022 for order on N/m.
Next Purpose: NM ORDERS
Next Hearing Date: 22-03-2022
Date: 22-03-2022
Business: PO is on leave
Next Purpose: NM ORDERS
Next Hearing Date: 29-03-2022
Date: 29-03-2022
Business: Adv. Bhatt for plaintiff present.
Adv.Mangal Kadam for defendant/MHADA present.
None for remaining defendants
For the reason separately recorded, the following order is passed.
ORDER
1. Notice of Motion No. 2518 of 2018 is partly allowed.
2. Defendant No. 1 is hereby directed to reserve a shop admeasuring 47 ft² in the new building constructed on Survey No. 79, CTS Nos. 437, 437/1 to 16, Opposite Telecom Factory, V. N. Purav Marg, Sion Trombey Road, Deonar, Mumbai – 400 088 and not to create any third-party interest therein or to part with possession thereof till final disposal of the suit.
3. Defendant No. 1 is further directed to submit the details of such reserved shop with the plan showing its location on or before next date.
4. Rest of the prayers in the Notice of Motion are rejected.
5. Cost of the Notice of Motion shall follow in main cause.
6. Notice of Motion No.2518 of 2018 is disposed of accordingly.
Matter is adjd. to 10-06-2022 for R/E.
Nature Of Disposal: OTHER
Disposal Date: 29-03-2022Additional Case Details
Additional Case Details
Filing Number: 109114/2018 Filing Date: 06-07-2018 First Hearing Date: 17th July 2018 Decision Date: 29th March 2022 Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE
Orders
2Final Order 129 Mar 2022
29 Mar 2022
Order Details: Notice of Motion
Order 129 Mar 2022
29 Mar 2022
Order Details: Notice of Motion
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