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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

1

For Petitioner

For Respondent

    Not available

    Parties

    4

    Acts & Sections

    1
    Protection 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: 29-03-2022

    Additional 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

    2
    Final Order 1
    29 Mar 2022
    Order Details: Notice of Motion
    Order 1
    29 Mar 2022
    Order Details: Notice of Motion

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