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NOTICE OF MOTION

Lalit Ishwarlal KhilnaniVsZipribai alias Jipribai widow Of Dhakat Lakhma Wagh Warli - deceased And Ors

CNR MHCC01008894201962-COURT 62 AD-HOC ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 15th April 2023

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
103264/2019
Registration Date
27 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: 19-09-2019
Reason For Adjournment: court time is over
Next Purpose: REPLY
Next Hearing Date: 04-10-2019

Date: 04-10-2019
Business: P.O. is on leave
Next Purpose: REPLY
Next Hearing Date: 13-11-2019

Date: 13-11-2019
Business: Court is on leave.
Next Purpose: REPLY
Next Hearing Date: 23-01-2020

Date: 23-01-2020
Business: Advocate for Plaintiff present
Advocate Kamlesh Mali for Defendant no.2a and 2d present
Court is busy in dictating order on Hon\''ble High Court time bound Notice of Motions in suit no.627/13 as well as court has to hear urgent matters, case is adjourned to 20/02/2020.
Next Purpose: REPLY
Next Hearing Date: 20-02-2020

Date: 20-02-2020
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-04-2020

Date: 02-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-04-2020

Date: 24-04-2020
Business: National Lock down
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-06-2020

Date: 04-06-2020
Business: Case is adjd.to 22.06.20 in view of extension of Lockdown period as per office order no.83/20 dtd.01.06.20
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-06-2020

Date: 22-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-08-2020

Date: 19-08-2020
Business: Due to covid-19 pandemic and lockdown
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-10-2020

Date: 08-10-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-12-2020

Date: 15-12-2020
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-01-2021

Date: 21-01-2021
Business: None present for plaintiff.
None present for defendant.
As nobody is present for both the parties, considering present pandemic condition, matter is adjd.for NM hearing to 01.02.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-02-2021

Date: 01-02-2021
Business: None present for both the parties.
NM NO.3264 of 2019 taken out by defendants is pending for hearing  since long. Suit is very old. Parties to advance argument on said pending notice of motion on next date without fail else, it will be proceeded further in accordance with the law.
Adjourned for NM hearing to 16.02.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-02-2021

Date: 16-02-2021
Business: Plff present. His advocate absent.
Adv Mr. Ketan Chothani for deft present.
On request of plff, by consent, matter is adjd. for NM hearing to 01.03.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-03-2021

Date: 01-03-2021
Business: Adv Mr. Bagwe for plff present.
Adv Mr. Ghadigaonkar appeared and gave oral undertaking that he will file V.P. on behalf of deft Nos.2A to 2D on next date. His oral undertaking is accepted. He seeks time to argue pending NM No. 3264/2019.
By consent, matter is adjd. for NM hearing to 06.04.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-04-2021

Date: 06-04-2021
Business: None present for both the parties.
Advocate Ghadigaonkar had given oral undertaking on previous date that he will file VP on behalf of defendant Nos.2a to 2d on next date. He did not appear today. Considering the present Pandemic Condition, matter adjourned at same stage beyond Summer vacation.
Adjourned for NM hearing to 14.06.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-06-2021

Date: 14-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-06-2021

Date: 14-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-06-2021

Date: 25-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-07-2021

Date: 26-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-09-2021

Date: 02-09-2021
Business: None present for plff.
Adv Mr. Ghadigaonkar for defts Nos.2 and 3 present and seeks further time for filing vakalatnama on behalf of those defts.
As nobody is present for plff, time granted till next date.
Matter is adjd. for filing V.P and NM hearing to 27.09.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-09-2021

Date: 27-09-2021
Business: Plff present in person and seeks adjournment.
None present for deft.
As nobody is present for deft, matter is adjd. for NM hearing to 20.10.2021.
Judge
L.O.at 3.35 pm.
Adv Mr. Hemant Ghadigaonkar for deft Nos.2A to 2D present and filed Vakalatnama on behalf of deft Nos.2A to 2D along with no objection of previous advocate.
Already adjd. to 20.10.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-10-2021

Date: 20-10-2021
Business: Adv Mr. Bagwe  present for plff.
Adv Mr. Ghadigaonkar present for deft No.2A to 2D and seeks time to file rejoinder.
By consent, matter is adjd. for NM rejoinder and hearing to 02.12.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-12-2021

Date: 02-12-2021
Business: None present for plff.
Adv Mr. Ghadigaonkar present for deft. 2a to 2d and filed affidavit in rejoinder in NM No.3264/2019
As nobody is present for the plff, matter is adjd for hearing to 22.12.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-12-2021

Date: 22-12-2021
Business: court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-01-2022

Date: 17-01-2022
Business: Due to Covid 19
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-02-2022

Date: 04-02-2022
Business: Due to covid - 19
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-02-2022

Date: 22-02-2022
Business: None present for both parties.
As nobody is present for both parties, N.M.No.3264/2019 be kept for order on next date.
Matter is adjd. for NM order to 07.03.2022.
Next Purpose: NM  ORDERS
Next Hearing Date: 07-03-2022

Date: 07-03-2022
Business: Adv Mr. Bagwe present for plff.
None present for defts.
K.B.
L.O. at 5.00 p.m.
Nobody appeared for defendant No.2a to  2d and 3 to argue N.M.No.3264/2019 hence, said N.M.be kept for order on next date as Court is busy in passing order in N.M.in group matters.
Matter is adjd. for NM order to 29.03.2022.
Next Purpose: NM  ORDERS
Next Hearing Date: 29-03-2022

Date: 29-03-2022
Business: Court is on Leave
Next Purpose: NM  ORDERS
Next Hearing Date: 29-04-2022

Date: 29-04-2022
Business: Adv. Bagve for plaintiff present.
Adv. Ghadigaonkar for defendant Nos.2a to 2d and 3 present.
He seeks liberty to advance argument in NM No.3264 of 2019. With liberty to the advocate for the plaintiff to make submission, liberty is granted.
Heard argument of advocate for defendant No.2a to 2d and 3 in NM No.3264 of 2019.
Matter adjourned for argument if any in reply of advocate for plaintiff in said NM at 4.00 p.m. on 04/05/2022
Next Purpose: NM  ORDERS
Next Hearing Date: 04-05-2022

Date: 04-05-2022
Business: None present for both parties.
K.B.
L.O. at 3.45 p.m.
Adv Mr. Bagwe for plff present.
Adv Mr. Ghadigaonkar for deft Nos.2a to 2d and 3 present.
Heard further arguments of both sides in NM No. 3264/2019
Advocates for both parties submitted that Court may take up the matter during vacation for passing NM order.
As the suit is old, matter be kept for NM order to 26.05.2022.
Next Purpose: NM  ORDERS
Next Hearing Date: 26-05-2022

Date: 26-05-2022
Business: Court is on leave.
Next Purpose: NM  ORDERS
Next Hearing Date: 02-06-2022

Date: 02-06-2022
Business: Court is Vacant.
Next Purpose: NM  ORDERS
Next Hearing Date: 28-06-2022

Date: 28-06-2022
Business: None present for plaintiff.
Adv.Ghadigaonkar for deft.2a to 2d present.
Heard Adv. of defendant No.2a to 2d in NM No.3264/19. No argument of plaintiff and other defendants.
Matter adjd to 15.07.2022 for NM Order.
Next Purpose: NM  ORDERS
Next Hearing Date: 15-07-2022

Date: 15-07-2022
Business: Adv.Bagawe for plaintiff present.
None present for deft.
Plaintiff wants to take steps setting aside no argument order in NM No.3264/19.
KB
LO at 04.30 pm
Adv.Bagawe for plaintiff present.
The plaintiff filed application for setting aside no argument order dated 28.06.2022 t.o.r. and marked as Exh.86.
Matter adjd to 08.08.2022 for order on Exh.86 and order in NM.
Next Purpose: NM  ORDERS
Next Hearing Date: 08-08-2022

Date: 08-08-2022
Business: Adv.Dilip Bagwe for plaintiff present. He requested for adjournment.
KB
LO at 03.30 pm,
Adv.Ghadigaonkar for deft.No.2(a) to 2(b) and 3 present.
Matter adjd to 15.09.2022 for NM hearing and order.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-09-2022

Date: 08-08-2022
Business: Adv.Dilip Bagwe for plaintiff present. He requested for adjournment.
KB
LO at 03.30 pm,
Adv.Ghadigaonkar for deft.No.2(a) to 2(b) and 3 present.
Matter adjd to 15.09.2022 for NM hearing and order.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-09-2022

Date: 15-09-2022
Business: As PO is on Leave in Second Sessions, hence, adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-10-2022

Date: 18-10-2022
Business: Adv.Dilip Bagwe for plaintiff present.
Adv.Ghadigaonkar for deft.No.2a to 2d present.
KB
LO at 05.01 pm
Adv.Dilip Bagwe for plaintiff present.
Adv.Ghadigaonkar for deft.No.2a to 2d present.
Heard Adv. Bagwe in NM 3264/19. Heard rejoinder argument of defendant No.2 a to 2d.
Matter adjd to 18.11.2022 for NM order.
Next Purpose: NM  ORDERS
Next Hearing Date: 18-11-2022

Date: 18-10-2022
Business: Adv.Dilip Bagwe for plaintiff present.
Adv.Ghadigaonkar for deft.No.2a to 2d present.
KB
LO at 05.01 pm
Adv.Dilip Bagwe for plaintiff present.
Adv.Ghadigaonkar for deft.No.2a to 2d present.
Heard Adv. Bagwe in NM 3264/19. Heard rejoinder argument of defendant No.2 a to 2d.
Matter adjd to 18.11.2022 for NM order.
Next Purpose: NM  ORDERS
Next Hearing Date: 18-11-2022

Date: 18-11-2022
Business: Mr.Lalit Khilnani-Plaintiff present.
Adv.Ms.Chatterjee i/b.Adv.Hemant Ghadigaonkar for deft.No.2(a), 2(b) and 3 present.
KB
LO at 05.45 pm
As Court is busy in hearing in SU 2073/14 in Rev.Pet.17/19, hence, adjourned.
Matter adjd to 02.12.2022 for ch/s. order.
Next Purpose: NM  ORDERS
Next Hearing Date: 02-12-2022

Date: 18-11-2022
Business: Mr.Lalit Khilnani-Plaintiff present.
Adv.Ms.Chatterjee i/b.Adv.Hemant Ghadigaonkar for deft.No.2(a), 2(b) and 3 present.
KB
LO at 05.45 pm
As Court is busy in hearing in SU 2073/14 in Rev.Pet.17/19, hence, adjourned.
Matter adjd to 02.12.2022 for ch/s. order.
Next Purpose: NM  ORDERS
Next Hearing Date: 02-12-2022

Date: 02-12-2022
Business: Plaintiff present.
KB
LO at 05.00 pm
Plaintiff present. The motion is for order on the point whether issue No.9a can be taken as preliminary issue. In issues framed at Exh.2 there is no issue No.9a. Parties to make submission in that regard.
Matter adj. to 08.12.2022 at 02.45 pm for submission/order.
Next Purpose: NM  ORDERS
Next Hearing Date: 08-12-2022

Date: 08-12-2022
Business: Adv. Adv. Bagwe for plaintiff present.
The Ld. Advocate for plaintiff pointed out that additional issued framed in roznama dated 15.04.2019. Effect of that order shall be taken in original issues. Exh. 2
Matter adj. to  20-12-2022  for Order.
Next Purpose: NM  ORDERS
Next Hearing Date: 20-12-2022

Date: 08-12-2022
Business: Adv. Adv. Bagwe for plaintiff present.
The Ld. Advocate for plaintiff pointed out that additional issued framed in roznama dated 15.04.2019. Effect of that order shall be taken in original issues. Exh. 2
Matter adj. to  20-12-2022  for Order.
Next Purpose: NM  ORDERS
Next Hearing Date: 20-12-2022

Date: 20-12-2022
Business: PO is on leave, hence, adjourned.
Next Purpose: NM  ORDERS
Next Hearing Date: 02-01-2023

Date: 20-12-2022
Business: PO is on leave, hence, adjourned.
Next Purpose: NM  ORDERS
Next Hearing Date: 02-01-2023

Date: 02-01-2023
Business: PO is on leave.
Next Purpose: NM  ORDERS
Next Hearing Date: 23-01-2023

Date: 02-01-2023
Business: PO is on leave.
Next Purpose: NM  ORDERS
Next Hearing Date: 23-01-2023

Date: 23-01-2023
Business: None present for both sides.
(As Court is busy in dictating judgment in SU No.447/2015, hence, adjourned.)
Matter adjd to 04.03.2023 for NM order.
Next Purpose: NM  ORDERS
Next Hearing Date: 04-03-2023

Date: 23-01-2023
Business: None present for both sides.
(As Court is busy in dictating judgment in SU No.447/2015, hence, adjourned.)
Matter adjd to 04.03.2023 for NM order.
Next Purpose: NM  ORDERS
Next Hearing Date: 04-03-2023

Date: 04-03-2023
Business: HHJ is on leave.
Next Purpose: NM  ORDERS
Next Hearing Date: 23-03-2023

Date: 04-03-2023
Business: HHJ is on leave.
Next Purpose: NM  ORDERS
Next Hearing Date: 23-03-2023

Date: 23-03-2023
Business: court is on leave.
Next Purpose: NM  ORDERS
Next Hearing Date: 29-03-2023

Date: 29-03-2023
Business: Plaintiff present.
None present for the defendant.
KB
Later on at 4.30 p.m.
Keep alongwith connecting suit on 15.4.2023.
Next Purpose: NM  ORDERS
Next Hearing Date: 15-04-2023

Date: 15-04-2023
Business: Plaintiff present.
KB
LO at 05.30 pm
Plaintiff present.
F.R.S.R. the following order is passed.
ORDER
1. Notice of Motion No.3264/2019 is dismissed.
2. Costs shall follow the event.
Nature Of Disposal: DISMISSED
Disposal Date: 15-04-2023

Additional Case Details

Additional Case Details
Filing Number: 109490/2019
Filing Date: 27-08-2019
First Hearing Date: 19th September 2019
Decision Date: 15th April 2023
Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE

Orders

1
Final Order 1Full order available
15 Apr 2023

Order Details: Notice of Motion Pdf Text: 1 N/M NO. 3264/2019 MHCC010088942019 IN THE BOMBAY CITY CIVIL COURT AT MUMBAI. NOTICE OF MOTION NO. 3264 OF 2019 IN S.C. SUIT No. 8690 OF 1992 (H.C. SUIT No.1293 OF 1992) Lalit Ishwar Khilnani ...Plaintiff Vs. 1. Ziprabai Alias Jipribai widow of Dhakat Lakhma Wagh Warli & Ors. … Defendants Appearance Learned Advocate Mr. Dilip Bagwe for the plaintiff. Learned Advocates Mr.Ghadigaonkar & Kamlesh Mali for defendant Nos.2A to 2D and 3.…

Read Full Order

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