Order Details: Other Pdf Text: Back Daily Status IN THE COURT OF :COURT 02 ADDL SESSIONS JUDGE Case No. :NOTICE OF MOTION/0103130/2019 Amrish J. Agarwal And Ors. Vs K. K. Jain And Ors. Date : 18-07-2026 Business : Advocate Mr. M.K. Tanna for plaintiff is present. Advocate Ashiwin Badang for defendant no. 13 and 16 is present. Advocate Swati Panjwani for defendant no. 29A to 29C is present. Kept back Later on at 12.35 P.M. Advocate Mr. M.K. Tanna a/w…
NOTICE OF MOTION
Amrish J. Agarwal And Ors.VsK. K. Jain And Ors.
CNR MHCC0100854420192-COURT 02 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 18th July 2026
TrustJury record updated 22 Sept 2026
Case Overview
- Registration Number
- 103130/2019
- Registration Date
- 19 Aug 2019
Advocates
1For Petitioner
For Respondent
Not available
Parties
2Petitioner
Respondent
Acts & Sections
1Protection of Women from Domestic Violence Act · Sec 9
Case History / Proceedings
Case History
Date: 23-09-2019
Business: P.O. is on leave. Board is discharged.....
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 14-11-2019
Date: 14-11-2019
Business: Adv. Aiman for plaintiff present.
Adv. for defendant absent.
Adv. for plaintiff filed original N/M 3841/19 and contempt N/M 3840/19.
Matter adjourned for Reply on N/M and Contempt N/M to 16.12.2019.
Next Purpose: REPLY
Next Hearing Date: 16-12-2019
Date: 16-12-2019
Business: Adv. Aiman for plaintiff present.
Defendant and his adv. absent.
Matter adj for Reply to 08/01/2020.
Next Purpose: REPLY
Next Hearing Date: 08-01-2020
Date: 08-01-2020
Business: Adv. Aiman for Plaintiff present and filed rejoinder to NM 3130/19.
Adv. Arpana Bhosle for D/14 present.
Adjd. for hearing on NM 3130/19 to 4/2/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-02-2020
Date: 04-02-2020
Business: Adv Jain for plaintiff present.
Adv for defendant absent.
With consent of advocate of plaintiff, Matter adjourned for Lok-adalat to 08.02.2020.
Next Purpose: REPORT
Next Hearing Date: 08-02-2020
Date: 08-02-2020
Business: Matter received from Lok-adalat.
Adv for plaintiff is present.
Adv for defendant is present.
Not settled.
Matter adjourned for hearing on NM 3130/19 to 06.03.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-03-2020
Date: 06-03-2020
Business: Adv Dipesh Jain (holding) for plaintiff present.
Adv Dalal for defendant no.13 and 16 present.
Adv for plaintiff submitted that notice of NM No.3841/19 is served on all the defendants. Only defendant no.13 and 16 are present through advocate by filing reply. As a last chance other defendants to file reply immediately.
Other defendants to file reply if any on other pending Notice of Motions and chamber summons.
Matter adjourned for reply and hearing to 18.03.2020 at 2.45 pm.
Next Purpose: REPLY
Next Hearing Date: 18-03-2020
Date: 18-03-2020
Business: As per Corona Virus Circular dated on 16.03.2020.
Matter transferred from C.R. 60 but physically not received
Hence matter is adjd to 30.06.2020 for Reply
Next Purpose: REPLY
Next Hearing Date: 30-06-2020
Date: 30-06-2020
Business: Due to Covid-19 Lockdown
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 30-09-2020
Date: 30-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 08-12-2020
Date: 08-12-2020
Business: Defendant and his advocate are absent.
Adv. Rahul Vyas for plff. No. 1 a and 3 C Present.
Adv. For the plff. Filed Vakalatnama. t.o.r. Order- Seen and filed.
Adv. For the plff. Tendered draft N/M for delay of legal representative of plaintiff.
Order- Leave granted to register.
Adv. For the plff. Tendered draft Ch/s @ affidavit of support.
Order- Leave granted to register.
Matter is adjd to 20.01.2021 for Service.
Next Purpose: SERVICE
Next Hearing Date: 20-01-2021
Date: 20-01-2021
Business: Court is on Leave.
Matter is adjd to 31.03.2021 for Service.
Next Purpose: SERVICE
Next Hearing Date: 31-03-2021
Date: 31-03-2021
Business: Both the parties and their advocate are absent.
Matter is adjd to 15.06.2021 for service.
Next Purpose: SERVICE
Next Hearing Date: 15-06-2021
Date: 15-06-2021
Business: Plaintiff absent.
Defendant and his advocate are absent.
Adv. Rahul Vyas for plaintiff present.
Adv. For plaintiff tendered registered Ch/S 714/20 @ Affidavit in support T.O.R.
Adv. For plaintiff tendered registered N/M 1908/20 @ Affidavit in support T.O.R.
Matter is adjd to 05.08.2021 for Service.
Next Purpose: SERVICE
Next Hearing Date: 05-08-2021
Date: 05-08-2021
Business: Plaintiff and his advocate are absent.
Defendant and his advocate are absent.
Clerk of advocate for the plff present.
He filed Affidavit of service of Ch/s No. 714 of 2020 and N/M No. 1908 of 2020. t.o.r.
Order- seen and filed.
Matter is adjd to 06.09.2021 for report.
Next Purpose: REPORT
Next Hearing Date: 06-09-2021
Date: 06-09-2021
Business: Court is vacant.
Next Purpose: REPORT
Next Hearing Date: 13-10-2021
Date: 13-10-2021
Business: Court is vacant
Next Purpose: REPORT
Next Hearing Date: 06-12-2021
Date: 06-12-2021
Business: Adv Rahul Vyas for plaintiff present.
Adv Salvi for defendant nos 13 and 16 present.
Matter is adjd to 07.01.2022 for report.
Next Purpose: REPORT
Next Hearing Date: 07-01-2022
Date: 07-01-2022
Business: Adv A.V. Jain for plaintiff present.
Adv Pranali Raut for defendant no. 9 present.
Adv Ajit Salvi for defendant no. 13 and 16 present.
Adv for defendant no.9 filed VP. TOR.
The chamber summons are duly served on the defendant. The affidavit of service is already placed on record.
The defendants have not filed reply.
The adv. For defendant no. 9 and defendant no. 13 and 14 orally prayed for grant of short adjournment to file reply. Allowed as last chance.
Matter is adjd for reply by defendant no. 9 as well as defendant no. 13 and 14 to 24.01.2022
Next Purpose: REPLY
Next Hearing Date: 24-01-2022
Date: 24-01-2022
Business: Adv Rahul Vyas for plaintiff present.
Matter is adjd for reply to 01-04-2022
Next Purpose: REPLY
Next Hearing Date: 01-04-2022
Date: 01-04-2022
Business: PO is on training. Matter adj. to
Next Purpose: REPLY
Next Hearing Date: 07-06-2022
Date: 07-06-2022
Business: Adv. Mr. Rahul Vyas for Plaintiff present.
Adv. Ms. Pranali Raut for Defendant No. 9 present.
Adv. Mr. A. A. Salvi for Defendant Nos. 13 and 16 present and filed reply in Nm No. 1908/2020.
Advocate for Defendant No. 9 seeks short accommodation as a last chance.
If Defendant No. 9 wish to file reply to Ch/s. 714/2020 and NM No. 1908/20 same shall be filed before the next date and the copy of the same shall be served to other side in advance.
Matter be of year 1980, all the litigating parties in the matter requested to co- operate the court for earlier disposal of the suit.
Matter adjourned to 16/06/2022 for Reply.
Next Purpose: REPLY
Next Hearing Date: 16-06-2022
Date: 16-06-2022
Business: Advocate Mr. Rahul Vyas for plaintiff present.
Advocate Ms. Pranali Raut for defendant no. 9 present. No reply is filed on behalf of defendant no.9.
Advocate Mr. Ajit Salvi for defendant no. 13 and 16 present.
F.R.S.R. following order is passed in NM 1908/2020.
ORDER
1. NM No. 1908/2020 is allowed and delay of 54 days in filing
Ch/s No. 714/2020 is hereby condoned.
2. NM No. 1908/2020 is disposed of accordingly.
*****
F.R.S.R. following order is passed in Ch/s No. 714/2020.
ORDER
1. Ch/s No. 714/2020 is hereby allowed in terms of prayer clause (a).
2. Plaintiff to carry out amendment within 14 days form the date of this order.
3. Ch/s No. 714/2020 is disposed of accordingly.
Matter is adjd. to 01-07-2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 01-07-2022
Date: 01-07-2022
Business: None for Plaintiff.
Adv. Mr. Salvi for Defendant Nos. 13 and 16 present.
Adv. Ms. Pranali Raut for Defendant No. 9 present.
Matter adjourned to 29/07/2022 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 29-07-2022
Date: 29-07-2022
Business: P.O. is on Leave
Next Purpose: COMPLIANCE
Next Hearing Date: 02-08-2022
Date: 02-08-2022
Business: Adv. Vyas for Plaintiff present.
Adv. Pranali Raut i/b. Adv. Rahul Singh for Defendant nos.9, 4 and 8 present.
Adv. Vijay Kurle for defendant nos13 and 16 present.
Advocate for defendant no.9 filed pursis Exhibit-23 intimating the death of defendant no.5. The details as to the LR\''s of defendant no.5 are mentioned in the said pursis. So also, the said pursis intimates the death of defendant no.14. In view of the same plaintiff to take proper steps.
Exh.24-Adv. Rahul Singh filed Vakalatnama for defendant nos.4 and 8. Same is taken on record.
Advocate for the plaintiff filed application Exhibit-25 to take duplicate copy of plaint on record. Advocate for the plaintiff submits that he has carried out the necessary corrections as per the order dated 25.07.2022 and has filed the corrected duplicate copy of plaint. In view of his submissions application is allowed.
Advocate for plaintiff filed copy of corrected duplicate copy of the plaint. Same is taken on record. Plaintiff to carry out the amendment in the duplicate copy of plaint as per the order dated 16.06.2022 within a week from today.
Exh.26-Adv. Parsuram Mali filed Vakalatnama for defendant nos.13 and 16. Same is taken on record.
Matter adjourned to 17.08.2022 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 17-08-2022
Date: 17-08-2022
Business: Adv. Vyas for Plaintiff present and submits that the amendment allowed by this Court is carried out. Advocate for plaintiff submits that defendant nos.5 and 14 are dead and plaintiff require some time to file chamber summons to bring LR\''s of said defendants on record.
Adv. Pranali Raut i/b. Adv. Rahul Singh for Defendant nos.4, 8 and 9 present.
Time granted.
Plaintiff to serve copy of chamber summons on other side before hand.
Matter adjourned to 24.08.2022 for filing chamber summons.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 24-08-2022
Date: 24-08-2022
Business: Adv. Rahul Vyas for the plaintiff present and filed draft chamber summons alongwith affidavit in support.
O-Leave granted to register.
As Court busy in dictating order in SJ No.38 of 2017, hence board is discharged.
Matter adjourned to 12.09.2022 for CS service/NM hearing.
Next Purpose: CHAMBER SUMMONS SERVICE
Next Hearing Date: 12-09-2022
Date: 12-09-2022
Business: Adv. Vyas for Plaintiff present and tendered registered chamber summons no.1369 of 2022 alongwiht affidavit in support.
Adv. Pranali Raut for Defendant nos.4, 8 and 9 present and filed reply on chamber summons no.1369 of 2022.
Adv. Samkit Shah for Defendant nos.13 and 16 present.
FRSR following order is passed on Chamber summons no.1369 of 2022-
Order
1. Chamber summons no.1369 of 2022 is hereby allowed in terms of prayer clause (a) and (b).
2. Plaintiff to carry out amendment in the duplicate copy of plaint within ten days from the date of this order.
3. Chamber summons no.1369 of 2022 is disposed of accordingly.
Matter adjourned to 28.09.2022 for compliance.
From the prayer clause of the suit it appears that the suit is for specific performance of contract. The said suit cannot be tried as a summary suit. Hence, office to take note and do needful in this regard.
Next Purpose: COMPLIANCE
Next Hearing Date: 28-09-2022
Date: 28-09-2022
Business: Matter is transferred from CR 61 as per assignment.
Adv. Rahul Vyas For plaintiff present.
He seek time for hearing. Time granted.
Adv. Pranali Raut For defendant no. 4, 8 and 9 present.
Record and proceeding is received on 27/09/2022. However, it is seen that plaint is in torn condition. Exh 5 and 6 V/p filed on behalf of defendant no. 33 to 35 and defendant no. 13 and 16 are also not found in the record.
Parties are directed to give CTS number of suit property.
Matter is adjd to 04/10/2022 for hearing.
Next Purpose: HEARING
Next Hearing Date: 04-10-2022
Date: 04-10-2022
Business: Adv. M. K. Tanna for plaintiff present.
Adv. Pranali Raut for defendant no. 4 , 8 and 9 present.
She submit that defendant no. 5b expired on 30/09/2022.
She undertakes to supplied necessary information.
Adv. Shailesh Rai for defendant no. 32a to 32e present.
Plaintiff to take steps to LR\'' s on record.
Plaintiff is directed to supply copy of amendment plaint on or before next date.
Parties are directed to give CTS number of suit property.
Matter is adjd for hearing to 01/11/2022.
Next Purpose: HEARING
Next Hearing Date: 01-11-2022
Date: 01-11-2022
Business: Adv. M. K. Tanna for plaintiff present.
He filed affidavit of service. TOR.
He made statement that defendant no. 29 expired on 04/09/2020.
Adv. Pranali Raut for defendant no. 4, 8 and 9 present.
She undertake to produces death certificate of defendant no. 5b on next date.
Adv. Hima Khuman h/f Makarand Raut appeared for defendant no. 14b present.
She filed V/p Exh 27. TOR.
Adv. Sankesh Shah for defendant no. 13 and 16 present.
Plaintiff to take steps to bring LR\''s of defendant no. 5b and 29 on record.
Parties are directed to give CTS number of suit property.
Matter is adjd for steps to 15/11/2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 15-11-2022
Date: 15-11-2022
Business: PO is on leave.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 08-12-2022
Date: 08-12-2022
Business: Adv. Dipali Vyas for plaintiff present.
She tendered draft ch/s. Leave is granted to register it. Copy served on other side. She is directed to serve copy of ch/s on LR\''s on defendant no. 5b and defendant no. 29.
Adv. Shailesh Rai for defendant no. 32b present.
He filed V/p Exh.28 TOR.
Adv. Varsha Salukhe for defendant no. 4, 8 and 9 present.
Adv. Chandrashekhar Acharya for defendant no. 13 and 16 present.
Parties are directed to give CTS number of suit property.
Matter is adjd for service to 17/01/2023.
Next Purpose: SERVICE
Next Hearing Date: 17-01-2023
Date: 17-01-2023
Business: PO is on leave.
Next Purpose: SERVICE
Next Hearing Date: 27-01-2023
Date: 27-01-2023
Business: Adv. Rahul Vyas for plaintiff present.
He tendered register ch/s no. 2182 of 2022 and he also filed affidavit of service. TOR.
Adv. Hima Khuman h/f Makarand Raut for defendant no. 14b present.
She tendered draft n/m. Leave is granted to register it. She is directed to serve copy on other side.
Adv. Chandra Shekhar Acharya for defendant no. 13 and 16 present.
Adv. Pranali Raut for defendant no. 4, 8 and 9 present.
Adv. Shailesh Rai for defendant no. 32b present.
Heard advocates on ch/s no. 2182 of 2022.
The defendants are not having objection to bring LR\''s of defendant no. 5b and 29 on record. Chamber summons no. 2182 of 2022 is allowed and plaintiff is permitted to bring LR\''s of defendant no. 5b and 29 on record with no order as to costs.
Matter adjourned for reply and compliance to 14/02/2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 14-02-2023
Date: 14-02-2023
Business: Adv. Rahul Vyas for plaintiff present.
He served copy of amended plaint on defendant no. 4, 8, 9, 13 and 16. He also filed reply to draft n/m filed by defendant no. 14b. TOR.
Adv. Pranali Raut for defendant no. 4, 8 and 9 present.
Adv. Samkit Shah i/b Adv. Vijay Kurle for defendant no. 13 and 16 present.
Defendant no. 14b is directed to take steps for registration of n/m, on failure further order passed on next date. He is also directed to serve copy on defendant no. 4, 8, 9, 13 and 16.
Matter adjourned for steps to 23/02/2023.
L. O.
Adv. Hima Khuman h/f Makarand Raut for defendant no. 14b present.
Already adjourned to 23/02/2023 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 23-02-2023
Date: 23-02-2023
Business: Adv. Rahul Vyas for plaintiff present.
He is directed to serve copy of amended plaint on defendant no. 14b.
Adv. Makarnad Raut for defendant no. 14b present.
He tendered register n/m no. 670 of 2023.
Adv. Santosh Shitap appeared for defendant no. 29a to 29c present. He undertake to file V/p on next date. Time granted.
Adv. Pranali Raut for defendant no. 4, 8 and 9 present.
Adv. Sanket Shah for defendant no. 13 and 16 present.
All defendants seek time to file reply. Time granted.
Matter adjourned for reply to 10/03/2023.
Next Purpose: REPLY
Next Hearing Date: 10-03-2023
Date: 10-03-2023
Business: Adv. Rahul Vyas for plaintiff present.
Adv. Pranali Raut for defendant no. 4, 8 and 9 present.
She filed reply to n/m no. 670 of 2023. TOR. Copy served on other side.
Adv. Vijay Kohle for defendant no. 13 and 16 present.
He seek time to file reply. Time granted as last chance.
Adv. Hima Khuman h/f Makarand Raut for defendant no. 14b present.
Adv. Santosh Sitap appeared for defendant no 29a to 29c and filed V/p Exh 29. TOR.
He also filed reply to n/m no. 670 of 2023. TOR. Copy served on other side.
Matter adjourned for reply to 01/04/2023.
Next Purpose: REPLY
Next Hearing Date: 01-04-2023
Date: 01-04-2023
Date: 28-06-2023
Business: Adv. Mr. Rahul Vyas for plaintiff present.
Adv. Mr. Dilip Satale for defendant no. 29-A to 29-C present.
Adv. Ms. Pranali Raut for defendant no. 4, 8 and 9 present.
Defendant no. 14 B and his advocate are absent.
O- Granted as last chance to work out the matter.
Matter adjourned for arguments on 14.07.2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 14-07-2023
Date: 14-07-2023
Business: Plaintiff and advocate absent.
Advocate Mr. Makarand Raut for defendant no. 14 (B) is present.
Advocate Mr. Dileep Satale for defendant no. 29(A) to 29 (c) is present.
Advocate Varsh Sawant i/b Adv. Rahul Singh for defendant 4, 8 and 9 present.
Matter adjourned for arguments on 22.08.2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 22-08-2023
Date: 22-08-2023
Business: Plaintiff and advocate absent.
Advocate Hima Khuman h.f. Advocate Mr. Makarand Raut for defendant no. 14(b) present.
Advocate Mr. Chandrashekar Acharya h.f. Advocate Mr. Vijay Kohle for defendant no. 13 and 16 present.
Advocate Ms. Varsha Sawant i/b Advocate Mr. Rahul Singh for defendant no. 4, 8 and 9 present.
KB
LO at 3.45 P.M.
Plaintiff and advocate absent.
Matter adjourned for arguments on 13.09.2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 13-09-2023
Date: 13-09-2023
Business: Advocate Mr. Rahul Vyas for plaintiff present.
Advocate Mr. Dilip Satale for defendant no. 29a to 29c present.
Advocate Mr. Chandrashekar Acharya h.f. Advocate Mr. Vijay Kohle for defendant no. 13 and 16 present.
Advocate Ms. Varsha Sawant for defendant no. 4, 8 and 9 present.
Defendant no. 14 and advocate absent. Last chance granted.
L.O. at 3.45 P.M.
Advocate Mr. Sanket Salgaonkar i/b Advocate Makarand Raut for defendant no. 14(B) present.
Matter adjourned for arguments to 09.10.2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 09-10-2023
Date: 09-10-2023
Business: Advocate Mr. Rahul Vyas for plaintiff present.
Advocate Mr. Dilip Sathe for defendant no. 29A to 29C present.
Advocate Mr. Chandrashekhar Acharya i/b Advocate Vijay Kurle for defendant no. 13 and 16 present.
Advocate Ms. Reema Kumar h.f. Advocate Makarand Raut for defendant no. 14B present and seeks time. O- Granted as a last chance.
Matter adjourned for arguments on 09.11.2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 09-11-2023
Date: 09-11-2023
Business: Advocate Ms. Deepali Vyas for plaintiff present.
Advocate Mr. Dilip Satale for defendant no. 29a to 29c present.
Advocate Mr. Chandrashekar Acharya h.f. Advocate Vijay Kurle for defendant no. 13 and 16 present.
Advocate Mr. Yash Naik for defendant no. 4, 8 and 9 present.
Court is busy in hearing argument in High Court Time Bound in NM 3743/2023 in SU 2830/2022, hence board is discharged and matter is adjourned.
Matter adjourned for arguments on 07.12.2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 07-12-2023
Date: 07-12-2023
Business: Plaintiff and advocate absent.
Advocate Mr. Makarand Raut for defendant no. 14b present.
Advocate Ms. Swati Khot a/w Advocate Padma Chinta i/b Dilip Satale for defendant no. 29a to c present.
Advocate Mr. Ravindra Bhosale i/b Advocate Vijay Kurle for defendant no. 13 and 16 present.
Advocate Mr. Yask Naik i/b Legal Catalyst for defendant no. 4, 8 and 9 present.
Matter adjourned for arguments on 22.01.2024.
Next Purpose: ARGUMENTS
Next Hearing Date: 22-01-2024
Date: 22-01-2024
Business: Advocate Mr. Rahul Vyas for plaintiff present.
Advocate Ms. Hima Khuman h.f. Advocate Makarand Raut for defendant no. 14(b) present and seeks time. O- Granted as a last chance.
Advocate Mr. Yash Naik for defendant no. 4, 8 and 9 present.
Matter adjourned for arguments to 17.02.2024.
Next Purpose: ARGUMENTS
Next Hearing Date: 17-02-2024
Date: 17-02-2024
Business: PO is on training.
Next Purpose: ARGUMENTS
Next Hearing Date: 07-03-2024
Date: 07-03-2024
Business: Advocate Ms. Deepali Vyas for plaintiff present.
Advocate Ms. Hima Khuman h.f. Advocate Makarand Raut for defendant no. 14B present and not pressed the NM 670/2023. Hence NM 670/2023 is disposed of as withdraw.
Advocate Mr. Chandrashekar Acharya i/b Advocate Vijay Kurle for defendant no. 13 and 16 present and filed V/P Taken on record and marked as Exhibit-30.
Advocate Mr. Arbaaz Shaikh i/b Advocate Rahul Singh for defendant no. 4,8 and 9 present.
Matter adjourned for arguments on 04.04.2024.
Next Purpose: ARGUMENTS
Next Hearing Date: 04-04-2024
Date: 04-04-2024
Business: Advocate Rahul Vyas for plaintiff present.
Advocate Dilip Sathle for defendants No.29a to 29c present.
Advocate Chandrashekhar Acharya i/b Advocate Vijay Karle for defendants no. 13 and 16 present.
Advocate Hima Khumar for defendant 14(b) present.
Advocate Arbaaz Shaikh i/b Advocate Rahul Singh for defendants no. 4, 8 and 9 present. Seeks time.
O-Last chance granted.
Matter adjourned for arguments on 3.5.2024.
Next Purpose: ARGUMENTS
Next Hearing Date: 03-05-2024
Date: 03-05-2024
Business: Advocate Mr. Rahul Vyas for plaintiff present.
Advocate Mr. Yash Naik for defendant no. 4,8 and 9 present.
Advocate Mr. Chandrashekhar Acharya i/b Advocate Vijay Kurle for defendant no. 13 and 16 present.
Advocate Ms. Hima Khuman h.f. Advocate Makarand Raut for defendant no. 14(b) present.
Advocae Mr. Aryan Sapare for defendant no. 29a to 29c present.
Matter adjourned for arguments on 10.06.2024.
Next Purpose: ARGUMENTS
Next Hearing Date: 10-06-2024
Date: 10-06-2024
Business: Advocate Mr. Rahul Vyas for plaintiff present.
Advocate Arbhaz Shaikh h.f. Rahul Singh for defendant 4, 8 and 9 present.
Kept back
Later on at 4.10 P.M.
Advocate Ms. Padma Chinta i/b Advocate Harshad Bhadbhade for defendant no. 29a and 29c present.
Advocate Bhagyesha Kurane for defendant no. 13 and 16 present.
Heard argument of plaintiff on C/S 1741/2016.
Defendant no. 4, 8 and 9 were absent when called.
Matter is adjourned for the production of copy of the conveyance deed and argument of defendant no. 4, 8 and 9.
Matter is adjourned for CS hearing on 19.06.2024.
Next Purpose: C/S HEARING
Next Hearing Date: 19-06-2024
Date: 19-06-2024
Business: Advocate Rahul Vyas for Plaintiff present and filed certified copy of conveyance deed.
Defendant and advocate absent, hence argument of defendant on C/S 1741/2016 is closed.
Matter is adjourned for C/S Order on 04.07.2024.
Next Purpose: CH/S ORDERS
Next Hearing Date: 04-07-2024
Date: 04-07-2024
Business: Advocate Chandrashekar Acharya i/b Vijay Kurle for defendant no. 13 and 16 present.
Advocate Nikita Mandaniyan i/b Dileep Satale for defendant no. 29(a) to 29(c) present.
Court is busy in dictating Judgment in Suit No. 702 of 2021.
Matter is adjourned for C/S Orders on 31.07.2024.
Next Purpose: CH/S ORDERS
Next Hearing Date: 31-07-2024
Date: 31-07-2024
Business: PO is on leave, hence adjourned.
Next Purpose: CH/S ORDERS
Next Hearing Date: 20-08-2024
Date: 20-08-2024
Business: Advocate Rahul Vyas for plaintiff present.
Advocate Chandrashekar Acharya for defendant no. 13 and 16 present.
Advocate Yash Naik for defendant no 4, 8 and 9 present.
Court is busy in hearing argument in SU 3773/2013, hence adjourned.
Matter is adjourned for C/S Orders on 02.09.2024.
Next Purpose: CH/S ORDERS
Next Hearing Date: 02-09-2024
Date: 02-09-2024
Business: Advocate Deepali Vyas for Plaintiff present.
Advocate Mr. Shaikh i/b Rahul Singh for defendant no. 4, 8 and 9 present.
Advocate Ms. Bhagyesha Kurane i/b Vijay Kurle for defendant present.
Court is busy in hearing final argument in High Court Time Bound Suit no. 640/2013.
Matter is adjourned for C/S orders on 30.09.2024.
Next Purpose: CH/S ORDERS
Next Hearing Date: 30-09-2024
Date: 30-09-2024
Business: Advocate Deepali Vyas for plaintiff present.
Advocate Ms. Swati Panjwani i/b Dileep Satale for defendant no. 29a to 29c present.
Advocate Ms. Bhagyesha Kurane i/b Vijay Kurle for defendant no. 13 and 16 present.
Kept back
Later on at 5.25 P.M.
FRSR following order is passed-
O R D E R
1. Chamber summons no. 1741 of 2016 is allowed.
2. Plaintiff is directed to carry out necessary amendment within a limitation period.
Matter is adjourned for Compliance on 23.10.2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 23-10-2024
Date: 23-10-2024
Business: Advocate Deepali Vyas for plaintiff present and seeks time to carry out amendment. O- Granted.
Advocate Dilip Satale for defendant no. 29a to 29c present.
Advocate Chandrashekhar Acharya i/b Vijay Kurle for defendant nos. 13 and 16 present.
Matter is adjourned for Compliance on 16.01.2025.
Next Purpose: COMPLIANCE
Next Hearing Date: 16-01-2025
Date: 16-01-2025
Business: Advocate Deepali Vyas for plaintiff present and seeks time to take necessary steps to carry out the amendment. O- Granted.
Advocate Yash Naik i/b Legal Catalyst for defendant no. 4, 8 and 9 present.
Advocate Priyal Gupta i/b Vijay Kurle for defendant nos. 13 and 16 present.
Advocate Swati Panjwani for defendant no. 29A to 29C present.
Matter is adjourned for Compliance on 10.02.2025.
Next Purpose: COMPLIANCE
Next Hearing Date: 10-02-2025
Date: 10-02-2025
Business: Advocate Deepali Vyas for plaintiff present and filed reconstructed plaint. Copy served to other side.
Advocate Dileep Satale for defendant no. 29 (a) to 29 (c) present.
Advocate Hima Khuman h.f. Makarand Raut for defendant no. 14(b) present.
Advocate Vijay Kurla for defendant no. 13 and 16 present.
Advocate Varsha Sawant i/b Legal Caterlyst for defendant no. 4, 8 and 9 present.
Plaintiff seeks time. O- Granted.
Matter is adjourned for Compliance on 05.03.2025.
Next Purpose: COMPLIANCE
Next Hearing Date: 05-03-2025
Date: 05-03-2025
Business: Advocate Rahul Vyas for plaintiff present and filed application to take search / inspection of paper and proceeding. O- Allowed.
He also filed application to extend time to carry out amendment. O- Allowed.
Advocate Chandrashekhar Acharya i/b Advocate Vijay Kurle for defendant no. 13 and 16 present.
Advocate Pranali Raut i/b Rahul Singh for defendant no. 4, 8 and 9 present.
Advocate Hima Khuman h.f. Makarand Raut for defendant no. 14(b) present and tendered draft Notice of motion to directing the plaintiff to give the correct address of the other defendants. O- The prayers made in the draft notice of motion is itself not sustainable. Hence leave to register notice of motion is rejected.
Matter is adjourned for Compliance on 05.04.2025.
Later on at 3.45 P.M.
Advocate Swati Panjwani for defendant no. 29a to 29c present.
Matter is adjourned for Compliance on 05.04.2025.
Next Purpose: COMPLIANCE
Next Hearing Date: 05-04-2025
Date: 05-04-2025
Business: Advocate Rahul Vyas for plaintiff present.
Advocate Hima Khuman h.f. Makarand Raut for defendant no. 14b present and filed reply to application filed by plaintiff. O- Read and recorded.
Advocate Pranali Raut i/b Advocate Rahul Singh for defendant no. 4, 8 and 9 present and seeks time to file reply. O- Considering the ground granted as a last chance.
Defendant are hereby directed to submit the reply on next date otherwise no say order will be passed against them and the application will be decided as per its own merits.
Defendants are directed to serve the copy of reply to plaintiff well in advance.
Matter is adjourned for Reply of defendant on application of plaintiff on 21.04.2025.
Later on at 3.20 P.M.
Advocate Priyal Gupta i/b Vijay Kurle for defendant no. 13 and 16 present.
Advocate Shagula Patel for defendant no. 29A to 29C present.
Matter is adjourned for Reply of defendant on application of plaintiff on 21.04.2025.
Next Purpose: REPLY
Next Hearing Date: 21-04-2025
Date: 21-04-2025
Business: Advocate Rahul Vyas for plaintiff present.
Advocate Dileep Satale a/w Swati Panjwani for defendant no. 29a to 29c present.
Advocate Varsha Sawant i/b Rahul Singh for defendant no. 4, 8 and 9 present and filed reply to application.
Matter is adjourned for hearing on application on 20.06.2025.
Later on at 4.00 P.M.
Advocate Priyal Gupta i/b Vijay Kurle for defendant no. 13 and 16 present.
Matter is adjourned for hearing on application on 20.06.2025.
Next Purpose: HEARING
Next Hearing Date: 20-06-2025
Date: 20-06-2025
Business: PO is on leave, hence adjourned.
Next Purpose: HEARING
Next Hearing Date: 21-06-2025
Date: 21-06-2025
Business: (NOT ON BOARD - TAKEN ON BOARD)
Writ received from Honble Bombay High Court bearing their O/W No. D.D. No. (MCA) C0711301/2025 dated 13.06.2025 and bearing this office I/W No. 10068 dated 18.06.2025 alongwith the copy of order dated 04.04.2025. (Coram - N.J. Jamadar, J.).
P.C.-
1. Heard the learned Counsel for the parties.
2. Learned Counsel for the Applicant, on instructions, seeks leave to withdraw the application with liberty to take out appropriate proceedings for transfer of Suit before the Principal Judge, City Civil Court, Bombay.
3. Leave granted with liberty as prayed for.
4. The application stands dismissed as withdrawn.
Matter is already adjourned for hearing on application on 05.07.2025.
Next Purpose: HEARING
Next Hearing Date: 05-07-2025
Date: 05-07-2025
Business: Advocate Rahul Vyas for plaintiffs is present. He submits that the Registry is not allowing him to carry out an amendment as per order in C/S no. 1741/2016 dated 30.09.2024 as some paragraph is missing in the plaint.
He filed application for extension of time to carry out amendment as per this order. TOR and marked as Exhibit-31. O- Time is extended till the next date.
Registry is directed to permit the plaintiffs to carry out amendment as per order in C/S no. 1741/2016 dated 30.09.2024 as it is.
Advocate Pranali Raut a/w Advocate Omprakash Tiwari i/b Advocate Rahul Singh for defendants no. 4, 8 and 9 is present.
Advocate Priyal Gupta i/b Advocate Vijay Kurle for defendants no. 13 and 16 is present.
Advocate Bhavika Solanki h.f. Advocate Makarand Raut for defendant no. 14 (b) is present.
None for other defendants.
Matter adjourned to 01.08.2025 for carrying out amendment as per order in C/S no. 1741/2016 dated 30.09.2024 by plaintiff.
Next Purpose: COMPLIANCE
Next Hearing Date: 01-08-2025
Date: 01-08-2025
Business: Advocate Rahul Vyas for plaintiffs is present. He tendered amended plaint. TOR and marked as Exhibit-1A. O- Read and recorded. Copies are served upon advocates of defendants no. 4, 8, 9, 13, 16, 14(b) and 29(a to c).
Advocate Vimal Tiwari h.f. Advocate Rahul Singh for defendants no. 4, 8 and 9 is present.
Advocate Nikita Kinjara a/w Advocate Sonal Manchekar i/b Advocate Vijay Kurle for defendants no. 13 and 16 is present.
Advocate Hima Khuman h.f. Advovate Makarand Raut for defendant no. 14(b) is present.
Advocate Padma Chinta for defendants no. 29(a to c) is present.
Matter adjourned to 22.08.2025 for filing additional Written Statement by defendants.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 22-08-2025
Date: 22-08-2025
Business: P.O IS ON LEAVE
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 30-09-2025
Date: 30-09-2025
Business: P.O. IS ON LEAVE
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 16-10-2025
Date: 16-10-2025
Business: None present for plaintiff.
Advocate Priyal Gupta i/b Advocate Vijay Kurle for defendant 13 and 16 is present. She submitted that she has not received the copy of amended plaint.
Plaintiff to comply the same.
Advocate Padma Chinta for defendant no. 29a to 29c is present. She seeks time to file W.S. on next date. O- Granted strictly as a last chance.
Matter adjourned to 03.11.2025 for Compliance by plaintiff and Written Statement by defendant no. 29a to 29c.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 03-11-2025
Date: 03-11-2025
Business: PO is on leave, hence adjourned.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 05-12-2025
Date: 05-12-2025
Business: Advocate Deepali Vyas for plaintiff is present.
Advocate Pranali Raut i/b Advocate Rahul Singh for defendant no. 4, 8 and 9 is present.
Advocate Dilip Satale for defendant no. 29a to 29c is present.
None present for defendant no. 13 and 16.
Additional written statement not filed.
Matter adjourned to 23.12.2025 for hearing on all NMs.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-12-2025
Date: 23-12-2025
Business: Advocate Deepali Vyas for plaintiff is present. She seeks time for argument of NM, due to medical emergency. O- Granted as prayed.
Advocate Varsha Sawant i/b Advocate Rahul Singh for defendant no. 4, 8 and 9 is present.
Advocate Jayendra Monchekan i/b Advocate Vijay Kurle for defendant no. 13 and 16 is present.
Advocate Hima Khuman h.f. Advocate Makarand Raut for defendant no. 14(b) is present.
Advocate Pratham Chavan for defendant no. 29a to 29c is present.
Matter adjourned to 29.01.2026 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-01-2026
Date: 29-01-2026
Business: Advocate Rahul Vyas for plaintiff is present.
Advocate Pranali Raut a/w Advocate Varsha Sawant i/b Advocate Rahul Singh for defendant no. 4, 8 and 9 is present.
Advocate Makarand Raut for defendant no. 14b is present.
Advocate Dileep Satale for defendant no. 29(a) and 29(c) is present.
Both parties submitted that transfer application is pending before the Honble Principal Judge as the suit property is situated beyond the jurisdiction of this Court, hence adjournment granted.
Matter adjourned to 23.03.2026 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-03-2026
Date: 23-03-2026
Business: Advocate Deepali Vyas for plaintiff is present.
Advocate Hima Khuman h.f. Advocate Makarand Raut for defendant no. 14(b) is present.
Advocate Pranali Raut i/b Legal Catalyst for defendant no. 8 and 9 is present.
Advocate Vasim Siddiqui for defendant no. 13 and 16 is present. He undertakes to file vakalatnama on next date.
Matter adjourned to 30.04.2026 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-04-2026
Date: 30-04-2026
Business: Advocate Rahul Vyas for plaintiff is present. He tendered draft Chamber summons alongwith affidavit in support. TOR. O- Leave is granted to register. He is directed to serve copy to other side.
Advocate Pranali Raut i/b Rahul Singh for defendant no. 4, 8 and 9 is present and filed pursis alongwith death certificate informing that defendant no. 4 expired. O- Seen.
Advocate Bhavika Solanki h.f. Makarand Raut for defendant no. 14(b) is present.
Matter adjourned to 11.06.2026 for tendering registered C/S and C/S Service.
Next Purpose: CHAMBER SUMMONS SERVICE
Next Hearing Date: 11-06-2026
Date: 11-06-2026
Business: Advocate Deepali Vyas for plaintiff is present and tendered registered C/S no. 1223/2026.
Advocate Pranali Raut i/b Advocate Rahul Singh for defendant no. 8 and 9 is present.
None present for other defendants.
Matter adjourned to 10.07.2026 for C/S Service.
Next Purpose: CHAMBER SUMMONS SERVICE
Next Hearing Date: 10-07-2026
Date: 10-07-2026
Business: Advocate Deepali Vyas for plaintiff is present.
Advocate Swati Panjwani for defendant no.29A to 29C is present.
Advocate Pranali Raut i/b Advocate Rahul Singh for defendant no.8 and 9 present.
Advocate Hima Khurman h/f Advocate Makarand Raut for defendant no.14b present.
Advocate Uajim Siddiqhi for defendant no.13 and 16 present.
Heard. CS 1223/2026 FRSR
Allowed.
Suit being old, the matter is taken up high on board on daily basis.
Suit is posted for RE.
NM posted for hearing.
Matter adjourned to 13.07.2026 for Evidence.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-07-2026
Date: 13-07-2026
Business: Advocate Mr. M.K. Tanna for plaintiff is present. He seeks time. O- Granted.
Advocate Mallikarjun Boyere for defendant no. 28 is present.
Advocate Mr. Pranali Raut i/b Rahul Singh for defendant no. 8 and 9 is present.
Matter adjourned to 14.07.2026 for Recording Evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-07-2026
Date: 14-07-2026
Business: Advocate Mr. M.K. Tanna for plaintiff is present.
Advocate Vasim Siddiqui for defendant no.13 and 16 is present. He filed vakalatnama on behalf of defendant no. 13 and 16. TOR and marked as Exhibit-33. O- Seen and filed.
Advocate Pranali Raut i/b Rahul Singh for defendant no. 8 and 9 is present.
Advocate Padma Chinta i/b Harshad Bhadbhade for defendant no. 29a to 29c is present.
Kept back
Later on at 12.30 P.M.
Advocate Mr. M.K. Tanna for plaintiff is present.
Advocate Padma Chinta i/b Harshad Bhadbhade for defendant no. 29a to 29c is present.
Advocate Vasim Siddiqui for defendant no.13 and 16 is present.
Heard the Ld. Advocate for plaintiff on NM 3840/2019, NM 3130/2019, NM 1340/2017 and NM 3841/2019.
Advocate Vasim Siddiqui for defendant no.13 and 16 is present. He filed adjournment application. TOR and marked as Exhibit-34. O- Granted for his argument.
Matter adjourned to 18.07.2026 for (NM hearing P.H.) all hearing on NM by defendant.
Next Purpose: NM ARGUMENTS P.H.
Next Hearing Date: 18-07-2026
Date: 18-07-2026
Business: Advocate Mr. M.K. Tanna for plaintiff is present.
Advocate Ashiwin Badang for defendant no. 13 and 16 is present.
Advocate Swati Panjwani for defendant no. 29A to 29C is present.
Kept back
Later on at 12.35 P.M.
Advocate Mr. M.K. Tanna a/w Advocate Rahul Vyas for plaintiff is present.
Advocate Pranali Raut i/b Rahul Singh for defendant no. 8 and 9 is present.
Notice of motion no. 3840/2019 and 1340/2017 are regarding disobedience of the order passed in NM no. 385/1908 preventing the defendants from creating third party interest or entering into agreement with someone else, with the allegation that defendant no. 14, in the breach of the order, executed two deeds with strangers dealing with the property contrary to the injunction order of the Court. Both the motions are for detaining the person committing breach of order in civil prison as per Rule 2A of Order 39 of the C.P.C. 1908 and for striking off of defence. Both the motions were filed in 2017 and 2019, respectively, and pending the motions defendant no. 14 died, whose legal heirs i.e. defendants no. 14A to 14D, have been impleaded in the year 2022.
Thus, the person committing the breach of order in the year 2017-2018 was defendant no. 14 and defendants no. 14 A to D are not party defendants responsible for the breach of order alleged to have occurred in 2017 and 2019 in the form of execution of document in favour of stranger contrary to the order. Furthermore, the act of committing breach i.e. execution of agreement contrary to order is not such as to be one that can be comprehended to be a continued act in breach so that the defendant no. 1A to 1D cannot be said to be the persons / parties guilty of willful disobedience of the order of the Court.
Although defendant no. 14A was signatory to the said executed agreements contrary to the terms of order of the Court, injunction was not binding on her, she not being party to the suit, in which, order came to be passed.
The notices of motion based upon the disobedience of the order of the Court, therefore, must fail. Hence the order-
ORDER
1. Notice of motion no. 3840/2019 and 1340/2017 stands dismissed.
JUDGE
Notice of motion no. 3130/2019 is regarding disobedience of the order passed in NM no. 385/1908 preventing the defendants from creating third party interest or entering into agreement with someone else with the allegation that defendant no. 14, in the breach of the order, executed two deeds with strangers dealing with the property contrary to the injunction order of the Court. This motion is for detaining the persons committing breach of order in civil prison as per Rule 2A of Order 39 of the C.P.C. 1908 and for striking off of defence. This motion was filed in 2019, and pending the motion, defendant no. 14 and 32 died, whose legal heirs i.e. defendants no. 14A to 14D, and defendant no. 32A to F have been impleaded subsequent to the defaults committed by them.
Thus, the person committing the breach of order in the year 2017-2018 was defendant no. 14 and neither defendants no. 14 A to D nor defendants no. 32A to F can be said to be party defendants responsible for the breach of order alleged to have occurred in 2017 and 2019 in the form of execution of documents in favour of strangers, contrary to the order. Furthermore, the act of committing breach i.e. execution of agreement contrary to order is not such as to be one that can be comprehended to be an act, which is continuous breach, for which, the non parties subsequently impleaded as parties, can be held responsible so that the defendants no. 14A to D, defendants no. 32A to F and any of defendants not being party to the document of transfer / dealing with the property other than defendant no. 14, respondents cannot be said to be the persons / parties guilty of willful disobedience of the order of the Court.
Although it has been pointed out that rejoinder to the reply of respondents mentions certain parties like defendants no. 13 and 16 to be the persons executing agreements contrary to the order, this fact is not incorporated in the notice of motion for granting relief, and the relief, which is not prayed for in the notice of motion cannot be granted.
The notices of motion based upon the disobedience of the order of the Court, therefore, must fail. Hence the order-
ORDER
1. Notice of motion no. 3130/2019 stands dismissed.
JUDGE
NM no. 3841/2019.
Advocate for defendant no. 14 B seeks time for NM hearing. O- Granted as a last chance.
Matter adjourned to 23.07.2026 for NM hearing.
Nature Of Disposal: DISMISSED
Disposal Date: 18-07-2026Additional Case Details
Additional Case Details
Filing Number: 108946/2019 Filing Date: 19-08-2019 First Hearing Date: 23rd September 2019 Decision Date: 18th July 2026 Court Number And Judge: 2-COURT 02 ADDL SESSIONS JUDGE
Orders
2Final Order 2Full order available
18 Jul 2026
Final Order 1Full order available
18 Jul 2026
Order Details: Other Pdf Text: Back Daily Status IN THE COURT OF :COURT 02 ADDL SESSIONS JUDGE Case No. :NOTICE OF MOTION/0103130/2019 Amrish J. Agarwal And Ors. Vs K. K. Jain And Ors. Date : 18-07-2026 Business : Advocate Mr. M.K. Tanna for plaintiff is present. Advocate Ashiwin Badang for defendant no. 13 and 16 is present. Advocate Swati Panjwani for defendant no. 29A to 29C is present. Kept back Later on at 12.35 P.M. Advocate Mr. M.K. Tanna a/w…
TrustJury presents public court-record information for legal discovery and reference. Record availability and detail can vary by source and case.
