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NOTICE OF MOTION

Mr. Mukund Namdeo Nikte +2 moreVsThe Vijay Co-op-Housing Soc. Ltd.

CNR MHCC0101045020199-COURT 09 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 04th March 2021

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
103833/2019
Registration Date
15 Oct 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    4

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 28-11-2019
    Business: Court is on leave.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 03-02-2020
    
    Date: 03-02-2020
    Business: None present for Plaintiff.
    Advocate Ankit Rajput for Defendant no.1 and 4 present
    As no one is present for Plaintiff, case is adjourned to 15/04/2020 for NM for hearing.
    L.O.
    Plaintiff no.2 present and filed written notes of arguments in respect of Notice of Motion t.o.r. Plaintiff is directed to serve copy of written notes of arguments upon other side.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-04-2020
    
    Date: 15-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-04-2020
    
    Date: 22-04-2020
    Business: National Lock down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-06-2020
    
    Date: 02-06-2020
    Business: Case is adjd.to 19.06.20 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: 19-06-2020
    
    Date: 19-06-2020
    Business: National Lock down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-08-2020
    
    Date: 17-08-2020
    Business: Adjourned due to Covid -19.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-10-2020
    
    Date: 13-10-2020
    Business: Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 14/01/2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-01-2021
    
    Date: 14-01-2021
    Business: Counsel Anjali Navle @ Adv Ms. Namrata pandit for Plaintiff present.
    None present for  Defendants.
    Advocate for Plaintiff filed affidavit of service of intimating next date to the advocate for defendants. The letter annexed to the affidavit supports the argument of learned advocate for the Plaintiff that she has intimated today\''s date fixed in the matter to the adv for the defts. Despite intimating the date as above, none appeared for the defendants. During oral argument of Notice of Motion 3833/2019, learned advocate for the Plaintiffs informed that Plaintiff No.4 has expired recently. She seeks time to take appropriate steps in that regard.
    Matter is adjd. for taking steps by the Plaintiffs to 19.01.2021.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 19-01-2021
    
    Date: 19-01-2021
    Business: Adv. Namrata V. Pandit for plaintiffs present and filed draft Ch/s along with affidavit in support. O- Leave to register is granted. Since name of plaintiff No.3 is sought to be deleted, issue notice of Ch/s to plff No.3 also and call reply of the defts.
    Adv. Ankit Rajput for D1, D2 and D4 present and seeks time to file reply to the Ch/s.
    Matter is adjd. for CS reply to 05.02.2021.
    Judge
    L.O. at 3.00 p.m.
    Adv Ms. Namrata Pandit for plff present and tendered registered Ch/s 152/2021.
    Already adjd. to CS reply to 05.02.2021.
    Next Purpose: C/S REPLY
    Next Hearing Date: 05-02-2021
    
    Date: 05-02-2021
    Business: Adv Ms. Namrata Pandit for plff present.
    Adv Mr. Ankit Rajput i/b Adv Mr. Bhat for deft Nos.1,2 and 4 present and seeks time to file written argument in plffs NM. Granted as a last chance till next date
    Adv for deft Nos. 1,2,4 filed reply to CS No.152/2021.
    Matter is adjd. for filing written argument by defts in NM and for hearing in CS to 12.02.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-02-2021
    
    Date: 12-02-2021
    Business: Counsel Anjali Navle @ Adv Ms. Namrata Pandit for Plaintiff present.
    Adv Mr.Ankit Rajput i/b Adv Mr.Manoj Bhat for deft Nos.1,2 & 4 present.
    Argument of both the sides heard partly in NM No.3833/2019.
    By consent, matter is adjd. for further argument on to 25.02.2021.
    Next Purpose: ARGUMENT P.H.
    Next Hearing Date: 25-02-2021
    
    Date: 25-02-2021
    Business: Adv Ms. Anjali Nawle for plff present.
    Adv Mr. Ankit Rajput for deft Nos.1, 2, 4 present.
    Arguments of both the parties heard.
    Matter is adjd. for NM order to 04.03.2021.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 04-03-2021
    
    Date: 04-03-2021
    Business: Adv Ms. Namrata Pandit a/w Adv Ms. Anjali Nawle for plaintiff present.
    Adv Mr. Ankit Rajput h/f Adv Mr. Manoj Bhat for defendant Nos. 1,2 and 4 present.
    None present for defendant No.3.
    F.R.S.R. following order is passed in N.M. No.3833/2019
                          ORDER
             Notice of Motion No.3833 of 2019 is partly allowed in 	terms of its prayer clauses (a) to (c) as under;
    		(a) On executing registered Permanent Alternate 	Accommodation Agreements by plaintiff Nos.1 & 2, defendant 	No.4 shall pay past as well as future rent, transportation charges 	and brokerage charges to those plaintiffs.
    		(b) Execution of Permanent Alternate Accommodation 	Agreements by the plaintiff Nos.1 & 2 so also, making payment
          of the amounts as mentioned above by defendant No.4 to plaintiff 	      Nos.1 & 2 shall be without prejudice to the rights and contentions
          of both those parties.
             Other prayers made in the Notice of Motion are rejected.
                           ----
    Advocate for defendant Nos.1,2 & 4 filed application to stay order passed in N.M.No.3833/2019 for four weeks.
    Say endorsed by advocate for plaintiff Nos.1 & 2 on application itself.
    Heard.
    Order- Defendants Nos.1,2 & 4 want to challenge the order passed by this Court before Hon’ble High Court. Ld. Advocate for plff Nos.1 &2 though objected the application, for giving fair opportunity to defendant Nos.1,2 & 4 to challenge the said order, it would be interest of justice to stay its effect for four weeks as prayed. In the result application is allowed.
    Effect and operation of order dt.04.03.2021 passed in N.M. No.3833/2019 is stayed for four weeks from today.
    Matter is adjd. for argument to 23.03.2021.
    Nature Of Disposal: ALLOWED
    Disposal Date: 04-03-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 111099/2019
    Filing Date: 15-10-2019
    First Hearing Date: 28th November 2019
    Decision Date: 04th March 2021
    Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    04 Mar 2021

    Order Details: Notice of Motion Pdf Text: 1 Notice of Motion 3833-2019 in SCSU No.44-2015 IN THE CITY CIVIL COURT AT MUMBAI. NOTICE OF MOTION NO.3833 OF 2019 (CNR No.MHCC01-010450-2019) IN SHORT CAUSE SUIT NO.44 OF 2015. (CNR No.MHCC01-013263-2014) 1. Mukund Namdeo Nikte, } Age : 76 years, Occ.: Retired, } R/o. A wing, Flat No.14, } The Vijay Co-op Housing Society, } Bhandup Village, Bhandup(E), Mumbai-42. } Presently residing at- Room No.604, } Building No.9, Ashok Society, Vasant Vihar,…

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