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NOTICE OF MOTION

Subhash M. Dhanjani And OrsVsMs Ankur Developers And Ors

CNR MHCC01010277201911-COURT 11 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 28th March 2024

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
103805/2019
Registration Date
11 Oct 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: 15-10-2019
    Business: Advocate N.Shaikh h/f adv. Maroof Khan  for plaintiff present and filed original Notice of Motion No.3805/19 along with affidavit in support of Notice of Motion. T.O.R.
    He also affidavit of service TOR and marked as Exh. 23.
    Advocate Shinde  for defendant 1 present.
    Adv. Bhavsar for defendant no.4 present and filed NM reply. TOR.
    Copy of reply served on advocate for plaintiff.
    Advocate Ms.Mhatre for defendant/MCGM present.
    The case is adjourned to 22.11.2019  for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-11-2019
    
    Date: 22-11-2019
    Business: Court is on leave. Hence today board is discharged. Hence adjd.to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-12-2019
    
    Date: 10-12-2019
    Business: Adv. Mr. Shiakh for plff., submit that adv. Marukh Khan is suffering from Sleep Disk, prayed for adjd.
    Adv. Mrs. Mhatre for deft./MCGM present.
    Adv. Ms. Niyati Marchant for deft no.4 present.
    Matter is adjd. for NM hearing on 17.01.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-01-2020
    
    Date: 17-01-2020
    Business: Adv. Mr. Marukh Khan for plaintiff present.
    None for deft./MCGM present.
    Adv. Mr. Gawade for deft no.1 present.
    Adv. Ms. Niyati Merchant for deft no.4 present.
    Mr. Murli dhanjani father of Plaintiff is present.
    Now not possible to reach the matter.
    Matter is adjd. for NM hearing on 21.02.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-02-2020
    
    Date: 21-02-2020
    Business: HHJ is on leave. Hence today board is discharged
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-03-2020
    
    Date: 19-03-2020
    Business: Adv. Shweta Waradkar for plaintiff.
    Adv. Ms. Mhatre for Deft./MCGM present.
    Adv. Gawade for deft.no.1.
    None for deft.no.4.
    Adjd. due to circular on Corona restriction.
    Matter is adjd. for n/m hrg. on 07.07.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-07-2020
    
    Date: 07-07-2020
    Business: Due to Covid -19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-07-2020
    
    Date: 28-07-2020
    Business: adjd.to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-08-2020
    
    Date: 29-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-10-2020
    
    Date: 16-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-11-2020
    
    Date: 03-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-12-2020
    
    Date: 14-12-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-01-2021
    
    Date: 28-01-2021
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-03-2021
    
    Date: 16-03-2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-04-2021
    
    Date: 22-04-2021
    Business: Due to surge in Covid-19 matter is adjourned to next date.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-06-2021
    
    Date: 17-06-2021
    Business: Due to covid 19 matter adjourned to next date
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-08-2021
    
    Date: 10-08-2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-09-2021
    
    Date: 09-09-2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-10-2021
    
    Date: 05-10-2021
    Business: Court is Vacant. Matter adj. to next date.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-11-2021
    
    Date: 11-11-2021
    Business: Court is Vacant. Matter is adj. to next date.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-12-2021
    
    Date: 07-12-2021
    Business: Court is on leave. Matter is adj. to next date.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-01-2022
    
    Date: 25-01-2022
    Business: None for the plaintiff is present.
    Adv. Ms. Mhatre for defendant /MCGM is present.
    Rest of the defendants are absent.
    In view of office order no. 07/2022 dated 07.01.2022 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06.01.2022 of Hon\''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s.
    Adjourned for NM hearing to 15.02.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-02-2022
    
    Date: 15-02-2022
    Business: None present for plaintiff.
    Adv. Mr. Khandagale h/f Ms. J.V. Mhatre for defendant No. 2/ MCGM is present.
    Rest of the defendants are absent.
    The suit is old one and is pending for NM hearing since long. Hence, the matter is adjourned for dismissal of NM.
    Adjourned for dismissal of NM to 10.03.2022.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 10-03-2022
    
    Date: 10-03-2022
    Business: Adv. Mr. Maroof Khan for plaintiff is present.
    Adv. Mr. S.U. Pandey for defendant No.1 is present.
    Adv. Ms. J.V. Mhatre h/f Adv. Chavan for defendant No.2/MCGM is present and orally requested for time to file status report on record. Granted.
    Adv. Mr. Harsh Sheth for defendant No.4 is present and orally requested time for NM hearing. Granted.
    Adjourned for filing status report by defendant No.2/NM hearing to 19.04.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-04-2022
    
    Date: 19-04-2022
    Business: H.H.J. gone to training, hence matter adjourned to 14-07-2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-07-2022
    
    Date: 14-07-2022
    Business: Plaintiff No. 1 in person is present.
    Adv. Mrs. Chavan for defendant No. 2/MCGM is present and orally requested for time to file status report. Time is granted.
    Adv. Mr. Harsh Sheth for defendant No. 4 is present.
    Rest of the defendants are absent.
    Adjourned for filing status report/NM hearing to 23.08.2022.
    Next Purpose: REPORT
    Next Hearing Date: 23-08-2022
    
    Date: 23-08-2022
    Business: Adv. Mr. Kunal Ghatkoar for the plaintiff is present.
    Adv. Mr. Manish Shukla for defendant No. 1 is present.
    Adv. Ms. Chavan for defendant No. 2/MCGM is present and orally requested for time to file status report. Sufficient time is already granted. It seems that no relief is sought against defendant No. 2 in this NM. The matter is more than 13 years old. Hence, this request is discarded. Hence, it is posted for NM hearing.
    None present for defendant No. 3.
    Adv. Mr. Prakash Shinde for defendant No. 4 is present.
    Adjourned for NM hearing to 04.10.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-10-2022
    
    Date: 04-10-2022
    Business: Adv. Bhosale is present and filed VP for the plaintiff. TOR. It is marked at Exh.24. O- Filed.
    Adv. M.G. Gawade h/f Adv. Pandey for defendant No.1 is present. He informed that Advocate Mr. Pandey expired and therefore, he needs some time to proceed with the matter. Time is granted.
    Adv. Mitali Devkar for defendant No.4 is present.
    Adv. J.V. Mhatre for defendant/MCGM is present.
    Adjourned for NM hearing to 17.11.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-11-2022
    
    Date: 17-11-2022
    Business: Adv. Mr. Bhosale for the plaintiff is present.
    None present for defendant No. 1.
    Adv. Ms. J.V. Mhatre for defendant Nos. 2 and 3/MCGM is present.
    Adv. Mr. Harsh Sheth for defendant No.4 is present.
    KB LO at 04:10 pm.
    Appearance as above.
    On inquiry, the advocates for both the sides submitted that there are the chances of settlement  and the same may be explored. Considering nature of the NM, the matter is adjourned for possible settlement. In case, it does not work out, the parties be ready for the NM hearing.
    By consent, the matter is adjourned for NM hearing to 13.12.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-12-2022
    
    Date: 13-12-2022
    Business: Plaintiff is present in person.
    Adv. Mr. Kunal Ghatkar for the plaintiff is present filed the application for adjournment. It is marked at Exh. 25. O- The suit is more than 10 years old and sufficient time is already granted. Still, considering the reasons, the matter is adjourned shortly. The parties are directed to proceed with the matter. In default, the consequential Order to follow.
    Adv. Mrs. J.V. Mhatre for defendant Nos. 2 and 3/MCGM is present.
    Adv. Ms. Mitali Devkar for defendant No. 4 is present.
    Adjourned for NM hearing to 12.01.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-01-2023
    
    Date: 12-01-2023
    Business: Adv. Mr. Bhosale for the plaintiff is present and requested for time to argue on NM. Time is granted strictly as a last chacne. In default, the NM would stand dismissed.
    Adv. Ms. Mitali Devkar for defendant No.4 is present.
    Rest of the defendants are absent.
    Adjourned for NM hearing to 02.02.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-02-2023
    
    Date: 02-02-2023
    Business: Adv. Mr. Bhosale for the plaintiff is present.
    Adv. Mr. Harsh Sheth for defendant No.4 is present and requested for time to argue on NM. The matter is more than 10 years old. Hence, time is granted strictly as a last chance.
    Rest of the defendants are absent.
    Adjourned for NM hearing to 02.03.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-03-2023
    
    Date: 02-03-2023
    Business: Adv. Mr. Kunal Khatkar h/f Adv. Bhosale for the plaintiff is present.
    Adv. Mrs. S.G. Chavan h/f Adv. Giri for defendant Nos. 2 and 3/MCGM is present.
    Adv. Mr. Dalal for defendant No. 4 is present and requested time to file Orders of Court on record before arguing NM. The matter is old one. Hence, time is granted strictly as a last chance.
    Rest of the defendants are absent.
    Adjourned for NM hearing to 14.03.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-03-2023
    
    Date: 14-03-2023
    Business: Adv. Mr. Bhosale for the plaintiff is present.
    None present for defendant No. 1.
    Adv. Mr. G. O. Giri for defendant Nos. 2 and 3/MCGM is present.
    Adv. Mr. Dalal for defendant No. 4 is present and filed additional affidavit in NM No. 3805/2019. TOR. Copy is supplied to both the sides. He requested for time to argue on NM. Time is granted.
    Adjourned for NM hearing to 30.03.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-03-2023
    
    Date: 30-03-2023
    Business: PO is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-04-2023
    
    Date: 18-04-2023
    Business: Adv. Mr. Bhosale for the plaintiff is present.
    None present for defendant No. 01.
    Adv. Mrs. S.S. Chavan for defendant Nos. 2 and 3/MCGM is present.
    Adv. Mr. Dalal for defendant No. 4 is present.
    The Court is busy passing Order in NM Nos. 1657/2015 and 2451/2015.
    Adjourned for NM hearing to 08.06.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-06-2023
    
    Date: 08-06-2023
    Business: Adv. Mr. Bhosale for the plaintiff is present.
    Adv. Ms. S.S. Chavan for defendant No. 2 and 3/MCGM is present.
    Rest of the defendants are absent.
    Adjourned for NM hearing to 15.07.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-07-2023
    
    Date: 15-07-2023
    Business: Adv. Mr. Bhosale for the plaintiff is present.
    None present for defendant No.1.
    Adv. Mr. G.O. Giri for defendant Nos. 2 and 3/MCGM is present.
    Adv. Mr. Dalal for defendant No.4 is present.
    The Court is busy in other urgent matters. The parites are called upon to file their written submissions on NM.
    Adjourned for written submissions on NM to 11.08.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-08-2023
    
    Date: 11-08-2023
    Business: Mr. Murli Dhanjani is present in person for plaintiff.
    Adv. Mr. Kunal Ghatkar h/f Adv. Bhosale for the plaintiff is present and requested time to file written submission on NM. Time is granted shrotly. None present for defendant No.1.
    Adv. Mr. G.O. Giri for defendant Nos. 2 and 4/MCGM is present.
    Adv. Mr. Dalal for defendant No.4 is present.
    Adjourned for written submissions on NM to 11.09.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-09-2023
    
    Date: 11-09-2023
    Business: Mr. Murli Dhanjani- Father and POA of plaintiffs is present in person and informed that he wants time to engage new advocate.
    Adv. Mr. G.O. Giri for defendant No.2/MCGM is present.
    Adv. Mr. Dalal for defendant No. 4 is present.
    Rest of the defendants are absent.
    Adjourned for written submissions on NM to 05.10.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-10-2023
    
    Date: 05-10-2023
    Business: Mr. Murli Dhanjani, POA and father of the plaintiffs is present. He informed that he engaged the new advocate and he needs some time. The suit is old one. Hence, adjourned lastly.
    Adv. Mr. Khandagale h/f Adv. Mrs. Chavan for defendant No.2/ MCGM is present. Adv. Mr. Dalal for defendant No. 4 is present.
    Rest of the defendants are absent.
    Adjourned for written submission on NM to 26.10.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-10-2023
    
    Date: 26-10-2023
    Business: Mr. Murli Dhanjani, POA and father of the plaintiffs is present and requested for time to engaging of new advocate. Sufficient time is already granted. The suit is about 15 years old. Hence, the suit is lastly posted for written submissions on NM. In default, the NM would stand dismissed.
    Adv. Mr. Dalal for defendant No. 4 is present.
    Adv. Mr. Khandagale h/f Mrs. Chavan for defendant/MCGM is present. Rest of the defendants are absent.
    Adjourned for written submissions/dismissal to 30.11.2023.
    Next Purpose: DISMISSAL
    Next Hearing Date: 30-11-2023
    
    Date: 30-11-2023
    Business: Mr. Murli Dhanjani POA of plaintiffs is present in person.
    Adv. Mr. Tushar Dahibavkar is present and filed V/P for the plaintiff. Taken on record. It is marked as Exhibit 26. O- Filed additionally.  On his say, the matter is kept back. 3.15 p.m.
    Adv. Mr. Khandagale for defendant/MCGM is present.
    Adv. Mr. Dalal for defendant No. 4 is present.
    Later On 3.15 p.m.
    The appearance is as above.
    The advocate for the plaintiff submitted that draft of submission is ready and sought time to file the same. Time is granted shortly.
    Adjourned for written submissions on NM to 19.12.2023.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 19-12-2023
    
    Date: 19-12-2023
    Business: PO is on leave.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 16-01-2024
    
    Date: 16-01-2024
    Business: Adv. Mr. Rajesh Kachre i/b Dahibavkar for the plaintiff is present  and filed written submissions on NM. Taken on record. O- Filed. He also filed additional affidavit on NM. Copies are supplied to the other side.
    Adv. Mr. Khandagale for defendant No.2/MCGM is present.
    Adv. Mr. Dalal for defendant No. 4 is present  and filed written submissions on NM. Taken on record. O- Filed. Copy is supplied to the other side. The parties requested time for short submissions on NM. Time is granted for short submissions.
    Adjourned for short submissions on NM to 02.02.2024.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 02-02-2024
    
    Date: 02-02-2024
    Business: Mr. Murli Dhanjani POA of the plaintiffs is present in person.
    Adv. Mr. Rajesh Kachre a/w Adv. Mr. Dahibavkar for the plaintiff is present. He made his short submissions on NM.
    Adv. Mr. Khandagale for defendant No.2/MCGM is present.
    Adv. Mr. Darshil h/f Adv. Dalal for defendant No. 4 is present and sought time for short submissions on NM. Time is granted shortly.
    Adjourned for short submissions on NM to 28.02.2024.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 28-02-2024
    
    Date: 28-02-2024
    Business: Mr. Murli Dhanjani, POA of the plaintiffs is present in person.
    Adv. Mr. Rajesh Kachre a/w Adv. Ms. Sonal Dhabholkar for the plaintiff is present.
    Adv. Mr. G.O. Giri for defendant No.2/MCGM is present.
    Adv. Mr. Dalal for defendant No. 4 is present. Rest of the defendants are absent. Heard both the sides on NM.
    Adjourned for NM Order to 19.03.2024.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 19-03-2024
    
    Date: 19-03-2024
    Business: Mr. Murli Dhanjani, POA of the plaintiffs, is present in person.
    Adv. Mr. Tushar Dahibavkar for the plaintiff is present.
    Adv. Mr. Khandagle for defendant/MCGM is present. Rest of the defendants are absent. The Court is busy in hearing in NM No. 205/24 in SU No. 1777/11 and Ch/s. 1288/23 in SU No. 286/2020  and other urgent matters.
    Adjourned for NM Order to 28.03.2024.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 28-03-2024
    
    Date: 28-03-2024
    Business: Mr. Murli Dhanjani, POA of plaintiffs, is present in person.
    Adv. Mr. Tushar Dahibavkar for the plaintiffs is present.
    Adv. Mr. Khandagale for defendant No.2/MCGM is present.
    Rest of the defendants are absent.
    F.R.S.R. Following Order is passed in NM No. 3805/2019.
    				-: O R D E R :-
    (i).  Notice of Motion No. 3805/2019 stands dismissed.
    (ii). The parties to expedite the trial.
    (iii). Notice of Motion No. 3805/2019 is, accordingly, disposed of.
    Adjourned for RE to 02.05.2024.
    Nature Of Disposal: DISMISSED
    Disposal Date: 28-03-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 111074/2019
    Filing Date: 11-10-2019
    First Hearing Date: 15th October 2019
    Decision Date: 28th March 2024
    Court Number And Judge: 11-COURT 11  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    28 Mar 2024

    Order Details: Notice of Motion Pdf Text: CNR NO : MHCC010102772019. 1 Notice of Motion No. 3805/2019. in L.C. Suit No. 4954/2008. IN THE BOMBAY CITY CIVIL COURT AT MUMBAI. NOTICE OF MOTION NO. 3805 OF 2019. IN L.C. SUIT NO. 4954 OF 2008. Subhash M. Dhanjani+1. ....……………… ….. PLAINTIFFS. V/s. M/s. Ankur Developers and the Others. .... ….. DEFENDANTS. CORAM : SHRI. A.G. SANTANI. (Court Room No.11). DATED : 28th March, 2024. APPEARANCES : Mr. Rajesh Kachare a/w Mr.…

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