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NOTICE OF MOTION

Janki Rahul BhattVsHarihar Himmatlal Mehta

CNR MHCC0100865420191-COURT 01 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 24th August 2021

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
103190/2019
Registration Date
21 Aug 2019

Advocates

2

For Petitioner

For Respondent

Parties

2

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec 9

Case History / Proceedings

Case History
Date: 09-09-2019
Business: Adv. Dalal for plaintiff present.
None present for defendant.
The defendant nos. 1 and 3 appeared in the matter and were represented by advocate.  They waived the service of writ of summons.  Till date the defendant nos. 1 and 3 failed to file their written statement and reply to NM.  Suit and Notice of Motion to proceed without written statement and reply respectively of the defendant nos. 1 and 3.
Adjourned for hearing on NM to 27.9.2019.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 27-09-2019

Date: 27-09-2019
Business: Adv. Dalal for plaintiff present.
None present for defendants.
Heard argument of Ld. Advocate for the plaintiff on NM no. 4378/18
None present for defendants.  Put the NM no. 4378/18 for order.
Adjourned for order on NM 4378/18 to 7.10.2019.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 07-10-2019

Date: 07-10-2019
Business: Adv. Dalal for plaintiff present.
Adv. Jyoti Chourasia for defendant no. 3 present.
Vakalatnama filed on behalf of defendant no 3
Court is busy in dictating judgment in SU-5161/07.
Adjourned for order on NM to 9.10.2019.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 09-10-2019

Date: 09-10-2019
Business: Adv. Dalal for plaintiff present.
Court is busy in other matters.
Adjourned for order on NM to 16.10.2019.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 16-10-2019

Date: 16-10-2019
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 17-10-2019

Date: 17-10-2019
Business: Adv. Dalal for plaintiff present.
Order is partly dictated.
Court is busy in hearing time bound NM in Suit No. 4321/13.
Adjourned for order on NM to 18.10.2019.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 18-10-2019

Date: 18-10-2019
Business: NM
Next Purpose: COMPLIANCE
Next Hearing Date: 17-12-2019

Date: 17-12-2019
Reason For Adjournment: court time is over
Next Purpose: COMPLIANCE
Next Hearing Date: 24-01-2020

Date: 24-01-2020
Reason For Adjournment: court time is over
Next Purpose: COMPLIANCE
Next Hearing Date: 20-03-2020

Date: 20-03-2020
Reason For Adjournment: court time is over
Next Purpose: COMPLIANCE
Next Hearing Date: 11-06-2020

Date: 11-06-2020
Business: In view of declaration of Novel Corona Virus (COVID 19 as Global Pandemic by WHO and Office Order No.83/2020, matter is adjourned.
Next Purpose: COMPLIANCE
Next Hearing Date: 20-08-2020

Date: 20-08-2020
Business: In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned.
Next Purpose: COMPLIANCE
Next Hearing Date: 28-10-2020

Date: 28-10-2020
Business: Both the parties are absent. Due to Covid-19, the matter is adjourned to 11.01.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 11-01-2021

Date: 11-01-2021
Business: Plaintiff present.  Adv. J.V. Parmar for plaintiff present.
None for deft.
Report of the receiver was already received on record. The report is marked as Exh.9.
Report of the receiver.
Plaintiff to make submission on the report of receiver.
The matter is adjd for say to 11.02.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 11-02-2021

Date: 11-02-2021
Business: Adv. J.V. Parmar for plaintiff present.
None for deft.
Mr. Niranjan Chavhan, Clerk at the Office of Court Receiver present.
ORDER BELOW EXH.1
Read Court Receiver report (Exh.9).  On perusal of the report, it reveals that the Court receiver went to the suit property along with the plaintiff to hand over the possession of suit room to the plaintiff in pursuant to the order of this Court.  The defendant no.3 residing in the room shown as room no.4 by the plaintiff claims that the said room is room no.2.  In this situation, the Court Receiver submitted that due to uncertainty of the room, the representative of the Court Receiver could not take the possession.  In this background, plaintiff to provide sufficient material as regard identity of the room no.4 to the Court Receiver for the execution of the order.
The matter is adjd for say to 19.04.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 19-04-2021

Date: 19-04-2021
Business: In view of office order no.81/2021 dated 17.04.2021, the matter not being urgent, is adjourned to 27.07.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 27-07-2021

Date: 27-07-2021
Business: Adv. Dalal for plaintiff present. Perused the order dtd. 11.02.2021.
Representative of Court Receiver Mr. Ghone is present.
He has submitted that the plaintiff has submitted the documents regarding the identity of Room No.4. Thus the Court Receiver to comply with the order of execution as mentioned in NM No. 4378/18.
Matter adjd for compliance to 09.08.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 09-08-2021

Date: 09-08-2021
Business: Adv. Dalal for plaintiff is present.
Adv. Uttam Rane for defendant no. 1 is present.
Adv. Bipin Joshi for defendant no.3 is present.
Representative of Court Receiver Mr. Ghone is present and filed report t.o.r marked as Exh.10.
Adv. Mr. Joshi sought time to file reply to Exh.10.
Matter adjd for filing reply on Exh.10 on 24.08.2021.
Next Purpose: REPLY
Next Hearing Date: 24-08-2021

Date: 24-08-2021
Business: Adv. Dalal for plff is present.
Adv. Bipin Joshi for deft no.3 is present and filed V/P t.o.r marked as Exh.11.
Adv.for deft has also filed draft NM. O- Leave granted to register. Copy served to other side.
Representative of Court Receiver Niranjan Chavan is present.
Adv. Uttam Rane for deft no.1 filed V/P t.o.r marked as Exh.12.
On oral request of Adv.for deft no.3 time is granted to file reply to Exh.10.
               Order below NM no.3190/19
Defendant no.4 has sought leave to register NM but till this date has not taken any steps and also has not produced register NM on record. Hence, NM No.3190/19 stands dismissed and it be removed from the board.
Nature Of Disposal: DISMISSED
Disposal Date: 24-08-2021

Additional Case Details

Additional Case Details
Filing Number: 109164/2019
Filing Date: 21-08-2019
First Hearing Date: 09th September 2019
Decision Date: 24th August 2021
Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE

Orders

1
Final Order 1
24 Aug 2021
Order Details: Notice of Motion
Pdf Text: Back
Daily Status
IN THE COURT OF :COURT 01 ADDL SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0103190/2019
Janki Rahul Bhatt Vs Harihar Himmatlal Mehta
Date : 24-08-2021
Business : Adv. Dalal for plff is present. Adv. Bipin Joshi for
deft no.3 is present and filed V/P t.o.r marked as
Exh.11. Adv.for deft has also filed draft NM. O
Leave granted to register. Copy served to other side.
Representative of Court Receiver Niranjan Chavan is
present. Adv. Uttam Rane for deft no.1 filed V/P
t.o.r marked as Exh.12. On oral request of Adv.for
deft no.3 time is granted to file reply to Exh.10.
Order below NM no.3190/19 Defendant no.4 has
sought leave to register NM but till this date has not
taken any steps and also has not produced register
NM on record. Hence, NM No.3190/19 stands
dismissed and it be removed from the board.
Nature of Disposal : DISMISSED
Disposal Date : 24082021
COURT 01 ADDL SESSIONS JUDGE
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