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NOTICE OF MOTION

Mrs. Fatima Derrick FernandesVsTejraj P. Dhoka +1 more

CNR MHCC01008380201911-COURT 02 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 01st October 2019

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
103064/2019
Registration Date
09 Aug 2019

Advocates

1

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 13-08-2019
    Business: Advocate Anand for plaintiff present and filed rejoinder. TOR. He submits that the plaintiff intends to submit the additional compilation of documents for which time is required.
    Advocate for plaintiff also filed original Notice of Motion No.3064/19 along with affidavit in support of Notice of Motion. T.O.R.
    Adv. J.S. Kini for defendant no. 1 present.
    Advocate Ms. Mhatre for defendant/MCGM present.
    Parties to suit are directed to complete the pleadings before next date and serve each other with pleadings and documents if any.
    Earlier order to continue till next date.
    The case is adjourned to 21.08.2019  for NM hearing.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 21-08-2019
    
    Date: 21-08-2019
    Business: Advocate H.S. Anand for plaintiff present.
    Advocate J.S.Kini for defendant no.1 present.
    Advocate Giri for defendant /MCGM present.
    By consent the case is adjourned to 23.08.2019 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-08-2019
    
    Date: 23-08-2019
    Business: Advocate H.S.Anand for plaintiff present and filed list of documents TOR and marked as Exh. 6
    Advocate J.S.Kini for defendant present.
    Advocate Giri  for defendant/MCGM present.
    Partly heard advocate for plaintiff.
    Earlier order to continue till next date.
    The case is adjourned to 28.08.2019 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-08-2019
    
    Date: 28-08-2019
    Business: Advocate H.S.Anand for plaintiff present.
    Advocate J.S.Kini a/w adv. Gharat for defendant present.
    Advocate Giri  for defendant/MCGM present.
    Earlier order to continue till next date.
    By consent, the case is adjourned to 09.09.2019  for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-09-2019
    
    Date: 09-09-2019
    Business: Advocate H.S.Anand for plaintiff present and filed list of documents. TOR and marked as Exh.7.
    Advocate J.S.Kini a/w adv. Gharat for defendant present. Advocate Ms. Chavan  for defendant/MCGM present.
    Partly heard advocate for plaintiff.
    Earlier order to continue till next date.
    The case is adjourned to 16.09.2019 at 2.45pm for further hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-09-2019
    
    Date: 16-09-2019
    Business: Plaintiff present.
    Adv. Aman Anand for plaintiff present and seeks time for rejoinder arguments as his senior is not available.
    Advocate J.S.Kini for defendant no. 1 present.
    Advocate Giri for defendant/MCGM present.
    Heard advocate for defendant no. 1.
    Earlier order to continue till next date.
    The case is adjourned to 18.09.2019 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-09-2019
    
    Date: 18-09-2019
    Business: Plaintiff present.  Her advocate absent.
    Advocate J.S.Kini for defendant no.1 present.
    Advocate Giri for defendant/MCGM present.
    KB
    LO at 03.45pm,
    Advocate H.S.Anand for plaintiff present.
    Advocate J.S.Kini for defendant no.1 present.
    Advocate Giri for defendant/MCGM present.
    Heard advocate for plaintiff and defendant.
    Earlier order to continue till next date.
    The case is adjourned to 24.09.2019 for NM order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 24-09-2019
    
    Date: 24-09-2019
    Business: Advocate Anand for plaintiff present.
    Advocate Andrews for defendant no.1 present.
    Advocate Ms.Mhatre for defendant/MCGM present.
    Earlier order to continue till next date.
    The case is adjourned to 30.09.2019 for NM order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 30-09-2019
    
    Date: 30-09-2019
    Business: Advocate Anand for plaintiff present.
    Advocate J.S.Kini for defendant no. 1 present.
    Advocate Giri for defendant/MCGM present.
    Order is partly dictated.
    Earlier order to continue till next date.
    The case is adjourned to 01.10.2019 for NM order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 01-10-2019
    
    Date: 01-10-2019
    Business: Advocate Aman Anand for plaintiff present.
    Advocate Gharat h/f adv. J.S.Kini for defendant no. 1 present.
    Advocate Ms.Mhatre for defendant/MCGM present.
    F.R.S.R. following order is passed in Notice of Motion No. 3064/19
                                   ORDER
    1. Notice of Motion No. 3064/19 is dismissed.
    2. Costs in cause.
    LO at 12.50 pm,
    Advocate Aman Anand for plaintiff present.
    Advocate J.S.Kini for defendant no. 1 present.
    Advocate Ms.Mhatre for defendant/MCGM present.
    Advocate for plaintiff submitted application to stay order dated 01.10.2019.TOR and marked as Exh. 8
    O- Other side to say.
    Perused. Heard.
    Advocate for plaintiff submitted that defendant no. 1 may change the dimensions of the suit premises and therefore, the order be stayed and status quo be continued.
    Advocate for defendant no.1 submitted that defendant no. 1 has already given an undertaking that he will not change the dimensions of the premises in his possession and will carry out only the work that remained to be done as mentioned in Exh. J to the Written Statement.
    In view of the statements by advocate for defendant no. 1, to my mind there is no need to stay the effect of order dismissing NM. There is also no need to continue the status quo as requested by the plaintiff. The application is also not being considered in view of the prima facie conclusions of this Court reached while deciding the NM. In the result application Exh.8 is rejected.
    The case is adjourned to 12.12.2019 for Written Statement.
    Nature Of Disposal: DISMISSED
    Disposal Date: 01-10-2019

    Additional Case Details

    Additional Case Details
    Filing Number: 108930/2019
    Filing Date: 09-08-2019
    First Hearing Date: 13th August 2019
    Decision Date: 01st October 2019
    Court Number And Judge: 11-COURT 02 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    01 Oct 2019

    Order Details: Notice of Motion Pdf Text: :1: NM 306419 IN SU 205719 CNR NO.MHCC01-008380-2019 IN THE CITY CIVIL COURT FOR GREATER BOMBAY AT BOMBAY. NOTICE OF MOTION NO.3064 OF 2019 IN L.C. SUIT NO.2057 OF 2019 Mrs. Fatima Derrick Fernandes ]...Plaintiff Versus 1. Dr. Tejraj P. Dhoka and another. ]...Defendants CORAM : HIS HONOUR JUDGE SHRI A.N. MARE (C.R. No.11) DATE : 1ST OCTOBER, 2019. Mr. Anand Charanbir, Advocate for Plaintiff. Mr. Gharat h/f J.S. Kini, Advocate for defendant…

    Read Full Order

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