Order Details: Notice of Motion Pdf Text: 1 MHCC010084282019 IN THE BOMBAY CITY CIVIL COURT AT MUMBAI NOTICE OF MOTION NO. 3086 OF 2019 IN SUIT NO. 2538 OF 2017. Usha Deepak Sapkal ]..Plaintiff. V/s. Maharashtra Area and Housing ] Development Authority and ] others. ]..Defendants. Advocate Mr. B. N. Shukla for the plaintiff. Advocate Mrs. Mangal Kadam for the defendant No.1/MHADA. Advocate Mr. Sandip Bane for defendant No.3. CORAM : HIS HONOUR JUDGE MR. VAIBHAV V. PATIL (C.R.NO.09) DATE…
NOTICE OF MOTION
Usha Deepak SapkalVsMHADA +2 more
CNR MHCC0100842820199-COURT 09 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 13th July 2023
TrustJury record updated 22 Sept 2026
Case Overview
- Registration Number
- 103086/2019
- Registration Date
- 13 Aug 2019
Advocates
2For Petitioner
For Respondent
Parties
4Petitioner
Respondent
Acts & Sections
1Protection of Women from Domestic Violence Act · Sec 9
Case History / Proceedings
Case History
Date: 22-08-2019 Business: None present for the plaintiff Adv. Pushpa Thapa h/f Adv. Prabhu for Defendant no. 1 present. She tendered registered NM 3086/19. Adv. Bane for defendant no. 3 present. Matter is adjd. to 08/11/2019 for NM reply. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 08-11-2019 Date: 08-11-2019 Business: Adv. Aditya Modi for the Plaintiff present. Adv. Sandeep Bane for Defendant no.3 present. Court is busy in passing order and preceipe matters, hence matter is adjd. to 23.01.2020 for N/M hearing. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 23-01-2020 Date: 23-01-2020 Business: As court is busy in dictating order in Ch/S No.219/2018 of Suit No.529/2014 and hearing of other matters on board. Hence board is discharged. Matter is adjd. to 09/04/2020. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 09-04-2020 Date: 09-04-2020 Next Purpose: NM REPLYREJOINDER Next Hearing Date: 21-04-2020 Date: 21-04-2020 Reason For Adjournment: National Lock Down Next Purpose: NM REPLYREJOINDER Next Hearing Date: 12-05-2020 Date: 12-05-2020 Next Purpose: NM REPLYREJOINDER Next Hearing Date: 01-06-2020 Date: 01-06-2020 Reason For Adjournment: National Lock Down Next Purpose: NM REPLYREJOINDER Next Hearing Date: 18-06-2020 Date: 18-06-2020 Next Purpose: NM REPLYREJOINDER Next Hearing Date: 01-12-2020 Date: 01-12-2020 Business: None present for plaintiff. Adv.Mr.Bane for defendant No.2 present. Matter is adjd. to 24.02.2021 for NM Hearing. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 24-02-2021 Date: 24-02-2021 Business: Matter is adjd to 23.04.2021 for NM hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 23-04-2021 Date: 23-04-2021 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: NM FOR HEARING Next Hearing Date: 14-07-2021 Date: 14-07-2021 Business: Due to COVID-19 pandemic. Next Purpose: NM FOR HEARING Next Hearing Date: 17-09-2021 Date: 17-09-2021 Business: Adv.Anjali Mishra for plaintiff. Adv. Satish Mehra for defendant. Matter adjourned for NM hearing to.15.11.2021 Next Purpose: NM FOR HEARING Next Hearing Date: 15-11-2021 Date: 15-11-2021 Date: 07-12-2021 Business: Adv Mr.Shukla present for the plaintiff Adv Sandeep Bane present for the defendant. Plaintiff is present. Adv for the file affidavit in reply TOR O- filed. Matter is adjd. to 06.01.2022 LO Adv Pathak H/f Shukla present for the plaintiff. Adv for the defendant filed draft MA TOR O- Defendant to file say. Leave is granted to register. Adv for the plaintiff filed affidavit in reply TOR O- filed. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 06-01-2022 Date: 06-01-2022 Business: Court is on leave. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 29-01-2022 Date: 29-01-2022 Business: Advocate Mr. Shukla for the plaintiff present. Advocate Mr. Sandeep Bane for the defendant No.3 present. The learned advocate for the plaintiff has filed reply to the Notice of Motion with affidavit. Copies served upon the ld. advocate for the defendant in Court Room. Ld. advocate for the defendant No.3 submits that he wants to file written statement. It appears from the record that the Notice of Motion filed by the defendant No.3 is pending for setting aside the No W/S order passed against him on 15.11.2021. He submits that in fact, the summons is not served upon him. In the circumstances, the written statement is included in the file of the Court. It will be taken on record, if the Notice of Motion is allowed. Matter is adjd. to 01.03.2022 for NM reply. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 01-03-2022 Date: 01-03-2022 Business: Advocate Mr. Shukla for the plaintiff present. Adv. Mr. Sandip Bane for defendant No.3 present. Defendant No.3 in person present. Adv. Ms. Mangal Kadam for defendant/MHADA present. Learned advocate for the plaintiff submits that the other suit bearing No. 2834 of 2014 is connected with this suit and therefore, needs to be tried together. Learned advocate for defendant No.3 opposes this submission on the ground that these two are independent suits and can be tried separately. In administrative order Suit No.2834/2014 is transferred to C.R. No.4. Therefore, if the plaintiff wants to get this matter transferred to C.R.4 or vice-versa, then the plaintiff has to apply to the Hon\''ble Principal Judge. In the circumstances, the learned advocate for the plaintiff seeks time to apply to the Hon\''ble Principal Judge. Time is granted. Matter is adjd. to 29.03.2022 for hearing on N/M No. 04/2022. Next Purpose: NM FOR HEARING Next Hearing Date: 29-03-2022 Date: 29-03-2022 Business: Adv. Pathak h/f Adv. Shukla for plaintiff present. Adv.Sandip Bane for defendant no.3 present. Ld. Adv. for defendant no.3 submits that the transfer application is listed on 31/03/2022. By consent matter is adjd. to 07-04-2022 for N/m hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 07-04-2022 Date: 07-04-2022 Business: Adv.Shukla for plaintiff present and seeks time. Adv.Sinkar h/f Adv. Bane for defendant no. 3 present. Matter is adjd. to 13-04-2022 for N/m hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 13-04-2022 Date: 07-04-2022 Business: Adv.Shukla for plaintiff present and seeks time. Adv.Sinkar h/f Adv. Bane for defendant no. 3 present. Matter is adjd. to 13-04-2022 for N/m hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 13-04-2022 Date: 13-04-2022 Business: PO is on leave Next Purpose: NM FOR HEARING Next Hearing Date: 25-04-2022 Date: 13-04-2022 Business: adjd. Next Purpose: NM FOR HEARING Next Hearing Date: 25-04-2022 Date: 13-04-2022 Business: a Next Purpose: NM FOR HEARING Next Hearing Date: 25-04-2022 Date: 25-04-2022 Business: Adv. Shukla for plaintiff present. Adv. Bane for defendant present. None present for MHADA. Mr. Chille representative of MHADA submits that Ms. Shenha Prabhu adv. for MHADA is busy before Hon\''ble High Court and seeks time. Matter is adjd. to 09-06-2022 for N/m hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 09-06-2022 Date: 25-04-2022 Business: Adv. Shukla for plaintiff present. Adv. Bane for defendant present. None present for MHADA. Mr. Chille representative of MHADA submits that Ms. Shenha Prabhu adv. for MHADA is busy before Hon\''ble High Court and seeks time. Matter is adjd. to 09-06-2022 for N/m hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 09-06-2022 Date: 25-04-2022 Business: Adv. Shukla for plaintiff present. Adv. Bane for defendant present. None present for MHADA. Mr. Chille representative of MHADA submits that Ms. Shenha Prabhu adv. for MHADA is busy before Hon\''ble High Court and seeks time. Matter is adjd. to 09-06-2022 for N/m hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 09-06-2022 Date: 09-06-2022 Business: Adv.Shukla for plaintiff present. Adv. Sandeep Bane for defendant no. 3 present. Matter is adjd. to 29-06-2022 for N/m hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 29-06-2022 Date: 09-06-2022 Business: Adv.Shukla for plaintiff present. Adv. Sandeep Bane for defendant no. 3 present. Matter is adjd. to 29-06-2022 for N/m hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 29-06-2022 Date: 29-06-2022 Business: court is on leave Next Purpose: NM FOR HEARING Next Hearing Date: 13-07-2022 Date: 29-06-2022 Business: court is on leave Next Purpose: NM FOR HEARING Next Hearing Date: 13-07-2022 Date: 13-07-2022 Business: Adv Pathak H/f Adv. B.M. Shukla present for Plaintiff. Adv. Sandip Bane for defendant present. Matter is adjd. to 26.07.2022 for NM hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 26-07-2022 Date: 13-07-2022 Business: Adv Pathak H/f Adv. B.M. Shukla present for Plaintiff. Adv. Sandip Bane for defendant present. Matter is adjd. to 26.07.2022 for NM hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 26-07-2022 Date: 26-07-2022 Business: court is on leave Next Purpose: NM FOR HEARING Next Hearing Date: 03-08-2022 Date: 03-08-2022 Business: Adv Pathak h/f Adv. B.N. Shukla for plaintiff present. Adv. Sandeep Bane Deft.no. 3 present. Matter is adjd. to 29.08.2022 for NM hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 29-08-2022 Date: 03-08-2022 Business: Adv Pathak h/f Adv. B.N. Shukla for plaintiff present. Adv. Sandeep Bane Deft.no. 3 present. Matter is adjd. to 29.08.2022 for NM hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 29-08-2022 Date: 29-08-2022 Business: Adv. Sejal h/f Adv. B. N. Shukla for plaintiff present and seeking time for NM hearing. Time granted. Adv. Sandip Bane for defendant present. Matter is adjd. to 03.10.2022 for NM hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 03-10-2022 Date: 29-08-2022 Business: Adv. Sejal h/f Adv. B. N. Shukla for plaintiff present and seeking time for NM hearing. Time granted. Adv. Sandip Bane for defendant present. Matter is adjd. to 03.10.2022 for NM hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 03-10-2022 Date: 03-10-2022 Business: Adv. B. N. Shukla for plaintiff present. Adv. Mangal Kadam for defendant No.1/MHADA present. Adv. Sandeep Bane for defendant no. 3 present. Matter is adjd. to 12.10.2022 for NM hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 12-10-2022 Date: 03-10-2022 Business: Adv. B. N. Shukla for plaintiff present. Adv. Mangal Kadam for defendant No.1/MHADA present. Adv. Sandeep Bane for defendant no. 3 present. Matter is adjd. to 12.10.2022 for NM hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 12-10-2022 Date: 03-10-2022 Business: Adv. B. N. Shukla for plaintiff present. Adv. Mangal Kadam for defendant No.1/MHADA present. Adv. Sandeep Bane for defendant no. 3 present. Matter is adjd. to 12.10.2022 for NM hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 12-10-2022 Date: 12-10-2022 Business: Adv. B. N. Shukla for plaintiff present. Adv. Mangal Kadam for defendant No.1/MHADA present. Adv. Sandeep Bane for defendant no. 3 present. Matter is adjd. to 14.12.2022 for NM hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 14-12-2022 Date: 12-10-2022 Business: Adv. B. N. Shukla for plaintiff present. Adv. Mangal Kadam for defendant No.1/MHADA present. Adv. Sandeep Bane for defendant no. 3 present. Matter is adjd. to 14.12.2022 for NM hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 14-12-2022 Date: 12-10-2022 Business: Adv. B. N. Shukla for plaintiff present. Adv. Mangal Kadam for defendant No.1/MHADA present. Adv. Sandeep Bane for defendant no. 3 present. Matter is adjd. to 14.12.2022 for NM hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 14-12-2022 Date: 14-12-2022 Business: Adv. B. N. Shukla for plaintiff present. Adv. Sandeep Bane for defendant No. 3 present. As Court is busy in hearing Argument in 40 years old Suit No. 6910/78 and in Supreme Court Time Bond Matter i.e.1404/17. Hence, Board is discharged. Matter is adjourned to 17.01.2023 for Notice of Motion Hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 17-01-2023 Date: 14-12-2022 Business: Adv. B. N. Shukla for plaintiff present. Adv. Sandeep Bane for defendant No. 3 present. As Court is busy in hearing Argument in 40 years old Suit No. 6910/78 and in Supreme Court Time Bond Matter i.e.1404/17. Hence, Board is discharged. Matter is adjourned to 17.01.2023 for Notice of Motion Hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 17-01-2023 Date: 14-12-2022 Business: Adv. B. N. Shukla for plaintiff present. Adv. Sandeep Bane for defendant No. 3 present. As Court is busy in hearing Argument in 40 years old Suit No. 6910/78 and in Supreme Court Time Bond Matter i.e.1404/17. Hence, Board is discharged. Matter is adjourned to 17.01.2023 for Notice of Motion Hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 17-01-2023 Date: 17-01-2023 Business: Court is on Leave. Hence, Board is discharged. Next Purpose: NM FOR HEARING Next Hearing Date: 31-01-2023 Date: 31-01-2023 Business: court is on leave Next Purpose: NM FOR HEARING Next Hearing Date: 07-02-2023 Date: 31-01-2023 Business: court is on leave Next Purpose: NM FOR HEARING Next Hearing Date: 07-02-2023 Date: 31-01-2023 Business: court is on leave Next Purpose: NM FOR HEARING Next Hearing Date: 07-02-2023 Date: 07-02-2023 Business: Adv. B.N. Shukla for plaintiff present. Adv. Sandeep Bane for Defendant No. 3 present and he filed registered Notice of Motion No. 3327/21 alongwith affidavit in support. Matter is adjourned to 23.02.2023 for Notice of Motion Hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 23-02-2023 Date: 07-02-2023 Business: Adv. B.N. Shukla for plaintiff present. Adv. Sandeep Bane for Defendant No. 3 present and he filed registered Notice of Motion No. 3327/21 alongwith affidavit in support. Matter is adjourned to 23.02.2023 for Notice of Motion Hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 23-02-2023 Date: 07-02-2023 Business: Adv. B.N. Shukla for plaintiff present. Adv. Sandeep Bane for Defendant No. 3 present and he filed registered Notice of Motion No. 3327/21 alongwith affidavit in support. Matter is adjourned to 23.02.2023 for Notice of Motion Hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 23-02-2023 Date: 23-02-2023 Business: Adv. B.N. Shukla for plaintiff present. Adv. Sandeep Bane for Defendant No. 3 present. By Consent of both the advocate matter adjourned to 24.03.2023 for Notice of Motion hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 24-03-2023 Date: 23-02-2023 Business: Adv. B.N. Shukla for plaintiff present. Adv. Sandeep Bane for Defendant No. 3 present. By Consent of both the advocate matter adjourned to 24.03.2023 for Notice of Motion hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 24-03-2023 Date: 23-02-2023 Business: Adv. B.N. Shukla for plaintiff present. Adv. Sandeep Bane for Defendant No. 3 present. By Consent of both the advocate matter adjourned to 24.03.2023 for Notice of Motion hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 24-03-2023 Date: 24-03-2023 Business: court is on leave Next Purpose: NM FOR HEARING Next Hearing Date: 13-04-2023 Date: 24-03-2023 Business: court is on leave Next Purpose: NM FOR HEARING Next Hearing Date: 13-04-2023 Date: 13-04-2023 Business: Adv. B.N. Shukla for plaintiff present. Adv. Sandeep Bane for Defendant No. 3 present. Adv. Viplav Khobragade for Defendant No. 1 / MHDAD present. By Consent of both the advocate matter adjourned to 03.05.2023 for Notice of Motion hearing. Matter is adjourned to 03.05.2023 for Notice of Motion hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 03-05-2023 Date: 13-04-2023 Business: Adv. B.N. Shukla for plaintiff present. Adv. Sandeep Bane for Defendant No. 3 present. Adv. Viplav Khobragade for Defendant No. 1 / MHDAD present. By Consent of both the advocate matter adjourned to 03.05.2023 for Notice of Motion hearing. Matter is adjourned to 03.05.2023 for Notice of Motion hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 03-05-2023 Date: 13-04-2023 Business: Adv. B.N. Shukla for plaintiff present. Adv. Sandeep Bane for Defendant No. 3 present. Adv. Viplav Khobragade for Defendant No. 1 / MHDAD present. By Consent of both the advocate matter adjourned to 03.05.2023 for Notice of Motion hearing. Matter is adjourned to 03.05.2023 for Notice of Motion hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 03-05-2023 Date: 03-05-2023 Business: court is on leave Next Purpose: NM FOR HEARING Next Hearing Date: 30-06-2023 Date: 30-06-2023 Business: Adv. Mr. B.M. Shukla for the plaintiff is present. Adv. Ms. Mangal for defendant No. 1/MHADA is present. Adv. Mr. Sandeep Bande for defendant No. 3 is present. Heard both the sides on NM Nos. 3086/2019 and 3327/2021. Adjourned for NM Order to 13.07.2023. Next Purpose: NM ORDERS Next Hearing Date: 13-07-2023 Date: 30-06-2023 Business: Adv. Mr. B.M. Shukla for the plaintiff is present. Adv. Ms. Mangal for defendant No. 1/MHADA is present. Adv. Mr. Sandeep Bande for defendant No. 3 is present. Heard both the sides on NM Nos. 3086/2019 and 3327/2021. Adjourned for NM Order to 13.07.2023. Next Purpose: NM ORDERS Next Hearing Date: 13-07-2023 Date: 30-06-2023 Business: Adv. Mr. B.M. Shukla for the plaintiff is present. Adv. Ms. Mangal for defendant No. 1/MHADA is present. Adv. Mr. Sandeep Bande for defendant No. 3 is present. Heard both the sides on NM Nos. 3086/2019 and 3327/2021. Adjourned for NM Order to 13.07.2023. Next Purpose: NM ORDERS Next Hearing Date: 13-07-2023 Date: 13-07-2023 Business: Adv. Mr. B.M. Shukla for the plaintiff is present. Adv. Mr. Khobragade for defendant No. 1/MHADA is present. Adv. Mr. Sagar Sonawane for defendant No. 4 is present. F.R.S.R. the following Order is passed on NM No. 3086/2019: -: O R D E R :- 1. Notice of Motion No. 3086 of 2019 in L.C. Suit No. 2538 of 2017 is hereby allowed subject to cost of Rs.1000/- to be paid by defendant No.1 to DLSA on or before next date. 2. Upon payment of cost, written statement of defendant No.1 be taken on record and delay caused in taking out Notice of motion is condoned. 3. Notice of Motion No. 3086 of 2019 is disposed of accordingly. F.R.S.R. the following Order is passed on NM No. 3327/2021: -: O R D E R :- 1. Notice of motion No. 3327 of 2021 in L. C. Suit No. 2538 of 2017 is partly allowed. 2. No W/s order passed against defendant No. 3 dated 15/11/2021 is hereby set aside subject to cost of Rs.2,000/-to be paid to DLSA on or before next date. 3. Written statement of defendant No. 3 be taken on record upon payment of cost to DLSA. 4. Prayer of defendant No. 3 for restoration of Notice of motion No. 21/2018 stands rejected. 5. Notice of motion No. 3327 of 2021 is disposed of accordingly. Nature Of Disposal: ALLOWED Disposal Date: 13-07-2023 Date: 13-07-2023 Business: Adv. Mr. B.M. Shukla for the plaintiff is present. Adv. Mr. Khobragade for defendant No. 1/MHADA is present. Adv. Mr. Sagar Sonawane for defendant No. 4 is present. F.R.S.R. the following Order is passed on NM No. 3086/2019: -: O R D E R :- 1. Notice of Motion No. 3086 of 2019 in L.C. Suit No. 2538 of 2017 is hereby allowed subject to cost of Rs.1000/- to be paid by defendant No.1 to DLSA on or before next date. 2. Upon payment of cost, written statement of defendant No.1 be taken on record and delay caused in taking out Notice of motion is condoned. 3. Notice of Motion No. 3086 of 2019 is disposed of accordingly. F.R.S.R. the following Order is passed on NM No. 3327/2021: -: O R D E R :- 1. Notice of motion No. 3327 of 2021 in L. C. Suit No. 2538 of 2017 is partly allowed. 2. No W/s order passed against defendant No. 3 dated 15/11/2021 is hereby set aside subject to cost of Rs.2,000/-to be paid to DLSA on or before next date. 3. Written statement of defendant No. 3 be taken on record upon payment of cost to DLSA. 4. Prayer of defendant No. 3 for restoration of Notice of motion No. 21/2018 stands rejected. 5. Notice of motion No. 3327 of 2021 is disposed of accordingly. Nature Of Disposal: ALLOWED Disposal Date: 13-07-2023
Additional Case Details
Additional Case Details
Filing Number: 108973/2019 Filing Date: 13-08-2019 First Hearing Date: 22nd August 2019 Decision Date: 13th July 2023 Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE
Orders
2Final Order 2Full order available
13 Jul 2023
Final Order 1Full order available
13 Jul 2023
Order Details: Notice of Motion Pdf Text: 1 MHCC010084282019 IN THE BOMBAY CITY CIVIL COURT AT MUMBAI NOTICE OF MOTION NO. 3086 OF 2019 IN SUIT NO. 2538 OF 2017. Usha Deepak Sapkal ]..Plaintiff. V/s. Maharashtra Area and Housing ] Development Authority and ] others. ]..Defendants. Advocate Mr. B. M. Shukla for the plaintiff. Advocate Mrs. Mangal Kadam for the defendant No.1/MHADA. Advocate Mr. Sandip Bane for defendant No.3. CORAM : HIS HONOUR JUDGE MR. VAIBHAV V. PATIL (C.R.NO.09) DATE…
TrustJury presents public court-record information for legal discovery and reference. Record availability and detail can vary by source and case.
