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NOTICE OF MOTION

Kasturiben Amrutlal KatariaVsLilavatiben Kherajbhai Bhanushali and ors - Applicants Ms Lalji Mulji Transport Co And Ors

CNR MHCC01009990201961-COURT 61 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 11th July 2025

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
103658/2019
Registration Date
01 Oct 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: 03-12-2019
Business: Adv for plaintiff Mr.Babu present.
Adv for deft no.2,4 and 5 Ms.Meena Tembkar present.
Adv for tendered registered N/M 3658/19.
Adv for plff.stated that he has received copy of N/M and will file reply on the next date.
Matter is Adjd for N/M 3658/19 reply to 09.01.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-01-2020

Date: 09-01-2020
Business: None for the Plaintiff.
Adv for deft 2,4,5 Mr.Sanjay Prabhala present.
Matter is Adjd for N/M 3658/19 Reply to 29.02.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-02-2020

Date: 29-02-2020
Business: Adv for plaintiff Mr.Babu present.
Adv for deft no.1 Mr.Dishant Rathod present.
Adv for deft no.2,4 and 5 Ms.Asmita Kapadia present.
Adv for plff requested for adjournment to file reply to N/M 3658/19.
Matter is Adjd for N/M 3658/19 Reply to 28.03.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-03-2020

Date: 28-03-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-04-2020

Date: 09-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-04-2020

Date: 21-04-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-05-2020

Date: 12-05-2020
Business: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-06-2020

Date: 01-06-2020
Business: national lockdown
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-06-2020

Date: 18-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-08-2020

Date: 04-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-09-2020

Date: 28-09-2020
Business: Due to National Lockdown (Covid-19) matter adjd to 21.12.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-12-2020

Date: 21-12-2020
Business: None for the Plaintiff.
Adv for deft no.1 Ms.Rechal present.
Matter is Adjd for N/M Reply to 08.04.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-04-2021

Date: 08-04-2021
Business: None present.
Matter adjd for NM hearing on 05.07.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-07-2021

Date: 05-07-2021
Business: The P.O. is on leave, hence adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-08-2021

Date: 13-08-2021
Business: None present.
Keep the NM for dismissal.
Matter adjd for NM dismissal on 08.11.2021.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 08-11-2021

Date: 08-11-2021
Business: Adv. Babu for plaintiff is present.
Adv. Rahul Mantri for defendant no.1 is present.
Adv. Manisha Parihar for defendants no. 2,4 and 5 is present.
It is submitted that connected matters are on  4th  January, hence this matter adjourned on 04.01.2022.
Matter adjd to 04.01.2022.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 04-01-2022

Date: 04-01-2022
Business: In view of Office Order No. 290/21,  P.O. is attending  “40hrs Mediation Training Programme”, as a Trainer at JOTI, Nagpur,
Matter is Adjd to 03/03/2022
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 03-03-2022

Date: 03-03-2022
Business: None for pltff.
Adv. Rahul Mantry for deft no. 1 present.
Adv. Leena Temkar for deft no. 2, 4 and 5 present.
Today the matter is under caption of NM dismissal.  Adv for deft has filed affidavit of service.  TOR.
Matter is adjd to 11/07/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-07-2022

Date: 11-07-2022
Business: None present for plaintiff.
Adv. Manisha Parihar for defendant nos.2,4 and 5 is present.
Last chance is given to the plaintiff for filing reply to NM.
Matter adjd to 30.08.2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-08-2022

Date: 30-08-2022
Business: Adv. Babu for plaintiff is present.
Adv. Manish Parihar for deft no.2,4 and 5 is present.
By consent matter adjd for NM hearing.
Matter adjd to 10.11.2022 for NM reply as a last chance.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-11-2022

Date: 10-11-2022
Business: None present for plaintiff.
Adv. Manisha  Parihar for defendant nos. 2,4 and 5 is present.
Inspite of giving opportunity to the plaintiff she has failed to file the reply to notice of motion. Hence, the matter proceeded without reply of the plaintiff.
Matter adjd to 09.01.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-01-2023

Date: 09-01-2023
Business: Adv. Babu for plaintiff is present.
None present for defendant.
Matter adjd to 10.03.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-03-2023

Date: 10-03-2023
Business: P.O. is on leave matter adjd.to
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-04-2023

Date: 19-04-2023
Business: Adv. Babu for plaintiff is present.
Adv. Manisha  Parihar for defendants no. 2,4 and 5 is present.
With consent of both the sides matter adjourned for hearing on NM.
Matter adjd to 17.07.2023 for hearing on NM.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-07-2023

Date: 17-07-2023
Business: Adv. G. S. Bhat for plaintiff present.
Adv. Leena Temkar for defendant No. 2, 4 and 5 present.
On oral request of adv. for plaintiff, matter adjourned.
Matter adjd to 28/08/2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-08-2023

Date: 28-08-2023
Business: Adv. Babu for plaintiff is present.
Adv. Manisha Parihar for defendant Nos.2, 4 and 6 is present.
K.B.
Later on at 3.35 p.m.
Same appearance for plaintiff and defendant.
The ld adv for plaintiff has tendered draft CS a/w affidavit in support.
O-Leave granted to register draft CS.
Copy supplied to other side.
Matter adjd to 31.10.2023 for CS reply.
Next Purpose: C/S REPLY
Next Hearing Date: 31-10-2023

Date: 31-10-2023
Business: Adv. Babu present for plaintiff and tendered original registered CS No. 1806/2023 TOR.
Adv. Manisha Parihar present for defendant No.2,4 and 5 and tendered reply to CS No.1806/23 TOR.
Copy Supplied to other side.
Matter adjourned for CS hearing on 20-12-2023.
Next Purpose: C/S  HEARING
Next Hearing Date: 20-12-2023

Date: 20-12-2023
Business: Adv. Babu for plaintiff is present.
Adv. Manisha Pariyar for defendant no. 2, 4 and 5 is present.
Adv. Najmi for proposed defendant no. 1a is present and filed Vakalatnama. TOR. Marked as Exh. 7. O- Seen.
Matter adjd to 21.02.2024 for Ch/s and NM hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 21-02-2024

Date: 21-02-2024
Business: N THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO. 61
This court newly formed on 02.01.2024.
Matter transferred from CRNo.
Adv. Babu for  plaintiff present and orally sought time for argument. O- Granted as last chance.
Adv. Leena Temkar for defendant Nos.2, 4 and 5 present.
Matter adjourned for CH/S argument  to 13-03-2024.
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 13-03-2024

Date: 13-03-2024
Business: IN THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO. 61
Adv. Babu M. B. i/b  Adv. G. S. Bhat for  plaintiff present.
Adv. Leena Tembkar  for defendants No.2, 4 and 5 present.
Matter adjourned for C/S argument to 16-04-2024.
LO at 3.30 pm..
Adv. Yogendra Koli i/b Adv. M. H. Najmi for defendant No.1(a) present.
Matter adjourned for C/S argument to 16-04-2024.
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 16-04-2024

Date: 16-04-2024
Business: IN THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO. 61
IN THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO. 61
Adv. Babu for  plaintiff and orally sought time to argue the CS on next date. O- Last chance granted.
Adv. Leena Temkar for defendants No.2,4 and 5 present.
Matter adjourned for  C/S argument  to 07-05-2024.
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 07-05-2024

Date: 07-05-2024
Business: Adv. Babu for  plaintiff present.
Adv. Leena Temkar for defendant No.2,4 and 5 present.
Court is busy in hearing in CS No.1807/23 in High Court Time Bound matter No.960/19.
Matter adjourned for NM and CS hearing  to 02-07-2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-07-2024

Date: 02-07-2024
Business: The court is vacant
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-08-2024

Date: 02-08-2024
Business: IN THE COURT OF H.H.J. R. D. DESHPANDE JUDGE CITY CIVIL COURT C.R. NO. 61
Adv. Sarvesh Tiwari for plaintiff is present.
Adv. Leena Temkar for defendants No.2, 4 and 6 is present.
KB.. LO at 4.06 pm.
Adv. G. S. Bhat for plaintiff is present.
Heard arguments of both sides on CS No.1806/23.
Matter adjourned for  CS order and NM hearing to 03-08-2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-08-2024

Date: 03-08-2024
Business: IN THE COURT OF H.H.J. R. D. DESHPANDE JUDGE CITY CIVIL COURT C.R. NO. 61
Adv. Sarvesh Tiwari for plaintiff is present.
None for defendants No.2, 4 and 5 .
F.R.S.R. following order is passed in Chamber Summons No.1806/2023.
ORDER
    1. The Chamber Summons No.1806 of 2023 is allowed.
    2. An abatement of the suit as against the defendant No.1 is hereby set aside and the delay of 8 months and 20 days in bringing on record his legal heir is hereby set aside.
    3. Plaintiff to bring on record the proposed legal heir of deceased defendant No.1 as mentioned in the Schedule, by making necessary amendment in the plaint, on or before the next date.
    4. Accordingly, Chamber Summons No.1806 of 2023 stands disposed off.
Matter adjourned for compliance to 19-08-2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-08-2024

Date: 19-08-2024
Business: IN THE COURT OF H.H.J. R. D. DESHPANDE JUDGE CITY CIVIL COURT C.R. NO. 61
Adv. Pooja Bhat h/f Adv. G. S. Bhat for plaintiff is present and seeks time.
None for defendants.
Kept back.
Later on, at 5.21 p. m.
Adv. Pooja Bhat h/f Adv. G. S. Bhat for plaintiff is present and she filed application at (Exh.8) for extension of time to carry out amendment. O - Two weeks time is granted to carry out amendment.
Matter is adjourned for compliance to 02.09.2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 02-09-2024

Date: 02-09-2024
Business: IN THE COURT OF H.H.J. R. D. DESHPANDE JUDGE CITY CIVIL COURT C.R. NO. 61
None for  plaintiff.
Adv. Manisha Parihar for defendants No.2, 4 and 6 is present.
KB. LO at 3.51 pm.
Adv. Sarvesh Tiwari for plaintiff is present and seeks time to file amended copy of plaint and service affidavit regarding service of added defendants.
Matter adjourned for compliance to 10-10-2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 10-10-2024

Date: 10-10-2024
Business: IN THE COURT OF H.H.J. R. D. DESHPANDE JUDGE CITY CIVIL COURT C.R. NO. 61
Adv. Sarvesh Tiwari for plaintiff is present and seeks time to supply copy of amended plaint.
Adv. Manisha Parihar for defendants No.2, 4 and 5 is present.
None for other defendants.
Matter adjourned for compliance to 21-11-2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 21-11-2024

Date: 21-11-2024
Business: The P.O. is on leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 03-01-2025

Date: 03-01-2025
Business: The Court is on leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 21-02-2025

Date: 21-02-2025
Business: Adv. M. R. Nair h/f Adv. G. S. Bhat for plaintiff is present. He tendered amended plaint. TOR. Marked as Exh-1-A. O- Read and recorded. Copy is served upon advocate for defendants No.2, 4 and 5. It be served upon remaining defendants by the plaintiff.
Adv. Manisha Parihar for defendants No.2, 4 and 5 is present.
None for other defendants.
Matter adjourned with consent for NM hearing to 16.06.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-06-2025

Date: 16-06-2025
Business: Adv. M. R. Nair h/f Adv. G. S. Bhat for plaintiff is present.
Adv. Leena Temkar for defendants No.2, 4 and 5 is present.
Matter adjourned for NM orders to 11.07.2025.
Next Purpose: NM  ORDERS
Next Hearing Date: 11-07-2025

Date: 11-07-2025
Business: Adv. G. S. Bhat for plaintiff is present. Heard argument of Adv. for plaintiff on NM.
Adv. Manisha Parihar for defendants No.2, 4 and 5 is present.
F.R.S.R. following Order is passed in NM No.3658/2019.
ORDER
    1. Notice of Motion is made absolute.
    2. Suit against Defendants No.2, 4 and 5 is rejected under Order VII, Rule 11(a) of the Code of Civil Procedure.
    3. Accordingly, Notice of Motion No. 3658/2019 stands disposed off.
Matter adjourned for filing affidavit of evidence and documents by plaintiff to 12.09.2025.
Nature Of Disposal: ALLOWED
Disposal Date: 11-07-2025

Additional Case Details

Additional Case Details
Filing Number: 110678/2019
Filing Date: 01-10-2019
First Hearing Date: 03rd December 2019
Decision Date: 11th July 2025
Court Number And Judge: 61-COURT 61 ADDL  SESSIONS JUDGE

Orders

1
Final Order 1Full order available
11 Jul 2025

Order Details: Notice of Motion Pdf Text: N. M. No. 3658/2019 Order MHCC010099902019 Presented on : 01.10.2019 Registered on : 01.10.2019 Decided on : 11.07.2025 Duration : 05 09 10 Years Months Days IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY AT BOMBAY NOTICE OF MOTION NO. 3658/2019 (CNR NO. MHCC010099902019) IN SHORT CAUSE SUIT NO. 5363/2007 (HIGH COURT SUIT NO. 2023/2007) 1) M/s. Lalji Mulji Transport Co., Partnership Firm, having its office at 17, Mehta Chambers, 127A, Kalyan…

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