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NOTICE OF MOTION

Harish B. Savla And Ors - High Court NM No. 2683 of 2010VsDamodar Govind Thakur And Ors

CNR MHCC01009559201984-COURT 84 ADHOC JUDGE AND ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 13th March 2024

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
103510/2019
Registration Date
19 Sept 2019

Advocates

1

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 19-09-2019
    Business: Plaintiff absent.
    Defendant absent.
    Adv.Divesh Chamboowala for plaintiff present.
    Adv.for defendant absent
    Matter adjd to  07.10.2019 for hearing on N/M.
    Next Purpose: HEARING
    Next Hearing Date: 07-10-2019
    
    Date: 07-10-2019
    Business: Court is on leave. Matter adjd to 03.12.2019 for hearing.
    Next Purpose: HEARING
    Next Hearing Date: 03-12-2019
    
    Date: 03-12-2019
    Next Purpose: HEARING
    Next Hearing Date: 14-01-2020
    
    Date: 14-01-2020
    Business: Plaintiff no. 1 present.
    Defendant absent.
    Adv.for plaintiff absent.
    Adv.for defendant absent.
    Matter adjd to 28.02.2020 for hearing.
    Next Purpose: HEARING
    Next Hearing Date: 28-02-2020
    
    Date: 28-02-2020
    Business: Adv. Divesh Chmbuwala for plaintiff present.
    None for defendant
    Matter adjd to 11.03.2020 for n/m hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-03-2020
    
    Date: 11-03-2020
    Business: Adv. for plaintiff present.
    Adv. for defendant present.
    As per the oral request of advocate for plaintiff matter is adjourned on next date.
    Matter adjd to 18.03.2020 for hearing on notice of motion.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-03-2020
    
    Date: 18-03-2020
    Business: As per office order no. 66/2020 Board is Discharge
    Matter Adjd to 27-08-2020         for hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-08-2020
    
    Date: 27-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-10-2020
    
    Date: 14-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-01-2021
    
    Date: 13-01-2021
    Business: PO is on leave
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-04-2021
    
    Date: 05-04-2021
    Business: As per office order 64/2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-09-2021
    
    Date: 15-09-2021
    Business: Court is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-10-2021
    
    Date: 20-10-2021
    Business: None present for the plaintiff.
    Adv Nilesh I/b Adv S.B.Prabhavalkar present for the defendant.
    Matter is adjd to 13.12.2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-12-2021
    
    Date: 13-12-2021
    Business: Plaintiff is present. His advocate is absent.
    None for defendant.
    On oral request of the plaintiff, matter is adjd. to 14/01/2022  for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-01-2022
    
    Date: 14-01-2022
    Business: The suit is posted for SJ hearing. In view of SOP, office Order No.07/22 dated 07/01/2022 parties and advocates are directed to attend virtually.
    Matter is adjd. to 24/03/2022 for SJ hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 24-03-2022
    
    Date: 24-03-2022
    Business: P.O. is on leave
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-07-2022
    
    Date: 05-07-2022
    Business: Plaintiff no. 1 present.
    Adv. Chambuwala for Plaintiff present.
    Adv. Chimalkar h/f Adv. Prabhavalkar for defendant present.
    	Heard arguments of both sides.
    Adv. for defendant submits that, he has intimated the plaintiff about demise of defendant nos. 1 and 2.
    	The counsel for plaintiff submit that, the hearsay already on record. He does not wish to carryout amendment or impleadment is required to submit pursis whether he wants to implead the heirs or otherwise.
    K.B.
    L.O. at. 12.50 p.m.
    Adv. Chambuwala for Plaintiff present and filed pursis is t.o.r.
    Adjd to 22/08/2022 for hearing on N.M.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-08-2022
    
    Date: 22-08-2022
    Business: As court is vacant
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-10-2022
    
    Date: 18-10-2022
    Business: As court is vacant
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-12-2022
    
    Date: 13-12-2022
    Business: As court is vacant
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 31-01-2023
    
    Date: 31-01-2023
    Business: As court is vacant
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-03-2023
    
    Date: 28-03-2023
    Business: Plaintiff no. 1 and 2 present.
    Adv. Chambuwala  for plaintiff present.
    None for defendant.
    Matter Adjd for NM Hearing on 29/04/2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-04-2023
    
    Date: 29-04-2023
    Business: As court is vacant,
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-07-2023
    
    Date: 27-07-2023
    Business: Adv. Chambuwala present for plaintiff.
    None present for defendant.
    Heard counsel of plaintiff, it is his submission during the motion of pending the defendant have created third party interest, subsequent Legal heirs brought on record.
    Put up for argument of defendant.
    Matter stands adjourned for NM hearing on  29-09-2023 at 2.45 pm.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-09-2023
    
    Date: 29-09-2023
    Business: Adv.Dilesh Chambuwala present for plaintiff.
    None present for defendant.
    KB.
    L.O. at 3.10 pm.
    Adv.Dilesh Chambuwala present for plaintiff.
    Adv.Chmankar present for defendant.
    Heard counsel of defendant.
    Put up for further argument.
    Matter stands adjourned for further argument on 18-10-2023.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 18-10-2023
    
    Date: 18-10-2023
    Business: As presiding officer is on leave. Hence, matter is adjourned to
    Next Purpose: ARGUMENTS
    Next Hearing Date: 25-10-2023
    
    Date: 25-10-2023
    Business: Adv. Chambuwala present for plaintiff.
    Adv. Chimankar present for defendant.
    By Consent matter stands adjourned for argument on 01-12-2023.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 01-12-2023
    
    Date: 01-12-2023
    Business: As presiding officer is on leave. Hence, matter is adjourned
    Next Purpose: ARGUMENTS
    Next Hearing Date: 10-01-2024
    
    Date: 10-01-2024
    Business: Adv.Hemant Hasnale h/f Divesh Chambuwal present for plaintiff, tendered additional affidavit in support of Notice of Motion No.3510/19 TOR.
    Copy served to the other side.
    Adv.Chimalkar present for defendant.
    Matter stands adjourned for argument on 14-02-2024.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 14-02-2024
    
    Date: 14-02-2024
    Business: Adv. Chambuwala present for plaintiff.
    Adv. Chimalkar present for defendant.
    Heard both sides in Notice of Motion No.3510/19.
    Matter stands adjourned for further argument on 13-03-2024.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 13-03-2024
    
    Date: 13-03-2024
    Business: Adv. Divesh Chamboowala present for plaintiff.
    None present for defendant.
    Heard.
    F.R.S.R. following order is passed on Notice of Motion No.3510/19-
    ORDER
    1.Notice of Motion No.3510 of 2019 in Suit No.4538 of 2010, is hereby dismissed.
    2.However, defendants are directed that in case alienation and third party interest is created in the suit property, the deeds in question shall clearly stipulate that the matter is subjudice and all the sales shall be subject to ultimate decision of the suit.
    3 Notice of Motion is disposed of accordingly.
     (Order dictated and pronounced in open Court)
    Matter stands adjourned for evidence without written statement on
    15-04-2024.
    Nature Of Disposal: DISMISSED
    Disposal Date: 13-03-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 110148/2019
    Filing Date: 19-09-2019
    First Hearing Date: 19th September 2019
    Decision Date: 13th March 2024
    Court Number And Judge: 84-COURT 84 ADHOC JUDGE AND ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    13 Mar 2024

    Order Details: Notice of Motion Pdf Text: ..1.. Notice of Motion No.3510/2019 MHCC010095592019 IN THE BOMBAY CITY CIVIL COURT, GREATER MUMBAI AT MAZGAON NOTICE OF MOTION NO.3510 OF 2019 (CNR NO.MHCC01-009559-2019) (H. C. NOTICE OF MOTION NO.2683 OF 2010) IN SUIT NO.4538 OF 2010 Mr. Harish Bhavanji Savla and others )...Plaintiffs Versus Damodar Govind Thakur and others )...Defendants Appearances :- Learned Advocate Dinesh Chamboowala for plaintiffs. Learned Advocate Chimalkar for defendants. CORAM : HIS HONOUR JUDGE SHAIKH AKBAR SHAIKH JAFAR…

    Read Full Order

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