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NOTICE OF MOTION

Krishna Poovappa ShettyVsJoanita Constancio Fernandes And Ors

CNR MHCC01009588201929-COURT 29 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 17th January 2024

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
103521/2019
Registration Date
20 Sept 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 17-10-2019
    Business: Matter called out(3.52pm)
    Plaintiff in person present.
    Adv.S.S.Redekar for plaintiff present tendered original registered N/M alongiwth service affidavit.
    Adv.Akshata Satam h/f Adv.S.V Bane for legal aid on behalf of defendant no.1 present.
    Matter is adj to 13/12/19 for reply and hearing on N/M.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 13-12-2019
    
    Date: 13-12-2019
    Business: Matter is called out at 3.08pm
    Plaintiff and his advocate absent.
    Adv.Sandeep Bank a/w Adv.Vidita Sawant for defendant no.1 present filed reply on N/M No.3521/19.T.O.R.
    Matter is adj to 13/02/2020 for N/M hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-02-2020
    
    Date: 13-02-2020
    Business: Matter is called out at 3.20pm
    Adv.Vaishali Kulkarni h/f Adv.S.S.Redekar for plaintiff present.
    Adv.Vidita B. Sawant for defendant no.1 present.
    Adv. for plaintiff seeking time. Time granted.
    Matter is adj to 27/03/2020 for N/M hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-03-2020
    
    Date: 27-03-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-05-2020
    
    Date: 30-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-06-2020
    
    Date: 17-06-2020
    Business: Due to Corona pandemic it seems that parties are absent hence adj to 13.08.2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-08-2020
    
    Date: 13-08-2020
    Business: Due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-09-2020
    
    Date: 25-09-2020
    Business: Due to Covid-19
    None present.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-11-2020
    
    Date: 07-11-2020
    Business: Due to Covid-19 none present.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-01-2021
    
    Date: 13-01-2021
    Business: CORAM :- H.H.J. SHRI.R.M. SADRANI (C.R. 07)
    Plaintiff and defendant absent.
    Their advocate absent.
    Matter is adj for hearing on NM on 24-03-2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-03-2021
    
    Date: 24-03-2021
    Business: Adv Radekar for plaintiff present.
    Adv Sandeep Bane a/w Adv Birajdar for defendant no.1 present. He filed written statement t.o.r. marked Exh-3.
    By Consent matter adjd for N.M. hearing on 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: 17-07-2021
    
    Date: 17-07-2021
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-10-2021
    
    Date: 28-10-2021
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-12-2021
    
    Date: 15-12-2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-01-2022
    
    Date: 28-01-2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-03-2022
    
    Date: 28-03-2022
    Business: Court is on Leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-06-2022
    
    Date: 17-06-2022
    Business: Court is Vacant.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-08-2022
    
    Date: 08-08-2022
    Business: court is vacant.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-08-2022
    
    Date: 30-08-2022
    Business: Court is vacant.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-11-2022
    
    Date: 07-11-2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-01-2023
    
    Date: 17-01-2023
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-04-2023
    
    Date: 05-04-2023
    Business: court is on leave
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-06-2023
    
    Date: 22-06-2023
    Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63) Second Sessions
    Adv. S.S. Redekar present for plaintiff.
    Adv. Sagar R. Sonawane present for defendant no.01.
    Matter is adjd. for NM hearing to 08.08.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-08-2023
    
    Date: 08-08-2023
    Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
    Adv. S. S. Redekar present for plaintiff and submitted that adv. Bane for defendant no.01 was present, but had gone to Hon’ble High Court had informed to him.
    None present for defendant.
    LO at 03.45 p.m.
    Adv. Lubna Shaikh present for defendant no.01.
    Matter is adjd. for NM hearing to 15.09.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-09-2023
    
    Date: 15-09-2023
    Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
    Adv. S. S. Redekar present for plaintiff.
    Plaintiff is present.
    None present for defendant.
    Adv. for defendant is absent.
    Matter is adjd. for NM hearing to 13.10.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-10-2023
    
    Date: 13-10-2023
    Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
    Adv. S. S. Redekar present for plaintiff.
    Adv. Sitaraman h/f Adv. Bane present for defendant no.01.
    Matter is adjd. for NM hearing to 30.11.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-11-2023
    
    Date: 30-11-2023
    Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
    Adv. Shailesh S. Redekar present for plaintiff.
    Adv. Shubham Bane i/b Adv. Sandeep Bane present for defendant no.01.
    KB for hearing.
    Heard argument of adv. for plaintiff and adv. for defendant no.01.
    Plaintiff is present.
    Matter is adjd. for NM order to 18.12.2023.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 18-12-2023
    
    Date: 18-12-2023
    Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
    Adv. S. S. Redekar present for plaintiff.
    None present for defendant.
    Due to paucity of time matter is adjourned.
    Matter is adjd. for NM order to 06.01.2024.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 06-01-2024
    
    Date: 06-01-2024
    Business: Plaintiff in person present. Adv. absent.
    Adv. Sitaraman  h/f Adv. Sandeep Bane present for defendant no. 1.
    Matter is adjd. for NM Order to 17-01-2024
    Next Purpose: NM  ORDERS
    Next Hearing Date: 17-01-2024
    
    Date: 17-01-2024
    Business: Advocate S.S. Redekar for Plaintiff present.
    Plaintiff present.
    Advocate Sitaraman h/f Advocate Sandeep Bane present for defendant no. 1.
    For the reasons separately recorded following order is passed on NM No. 3521/2019.
    ORDER
    1. Notice of Motion No. 3521/2019 in Suit No.2130/2019 is partly allowed in terms of prayer clauses-(a) and (b).
    2. Defendant No.1 is hereby temporarily restrained from dispossessing the plaintiff from the suit premises and creating third party interest in the suit premises till disposal of suit.
    3. Relief in terms of prayer clause-(c) is rejected.
    4. Notice of Motion No. 3521/2019 is accordingly disposed of.
    Nature Of Disposal: ALLOWED
    Disposal Date: 17-01-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 110162/2019
    Filing Date: 20-09-2019
    First Hearing Date: 17th October 2019
    Decision Date: 17th January 2024
    Court Number And Judge: 29-COURT 29 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    17 Jan 2024

    Order Details: Notice of Motion Pdf Text: 1 NM No.3521/19 in SU No.2130/19. MHCC010095882019 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. NOTICE OF MOTION NO. 3521 OF 2019 IN S.C. SUIT NO. 2130 OF 2019 Krishna Poovappa Shetty ... Plaintiff V/s. Joanita Constancio Fernandes and Ors. ... Defendants CORAM : HIS HONOUR JUDGE SHRI N.G.SHUKLA CITY CIVIL COURT, GR.BOMBAY (C.R. NO.29). DATE : 17/01/2024. Appearance: Ld. Advocate S.S. Redekar for the plaintiff. Ld. Advocate Sandeep Vasant Bane for the…

    Read Full Order

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