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NOTICE OF MOTION

Mr. Suresh Hari NikamVsMr. Ramesh Rane

CNR MHCC0101064620192-COURT 02 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 27th September 2021

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
103884/2019
Registration Date
18 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: 14-11-2019
    Business: Adv. Arun Rajput for plaintiff present.
    Adv. M.S. Lad for defendant present.
    Plaintiff present.
    Plaintiff tendered register NM 3884/19.
    Adv. For plaintiff sought time to file rejoinder.
    O- Granted
    Adjourned for rejoinder and hearing to 6.12.2019.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 06-12-2019
    
    Date: 06-12-2019
    Business: Adv. Miss Heena Momin for plaintiff present.
    Adv. M.S. Lad for defendant present.
    Plaintiff present.
    He filed rejoinder to reply filed by defendant t.o.r.
    Copy given to defendant.
    With consent both the parties adjourned to 13.01.2020 for NM hearing.
    Next Purpose: HEARING
    Next Hearing Date: 13-01-2020
    
    Date: 13-01-2020
    Business: As Po is on Leave.
    Next Purpose: HEARING
    Next Hearing Date: 06-02-2020
    
    Date: 06-02-2020
    Business: Plff present.
    Adv Khan Farhana for plff present.
    Deft present.
    Adv Lad for deft present.
    Adv for plff tendered registered NM 36/20. t.o.r.
    Adv for deft filed reply to NM 36/20. t.o.r. Copy served to other side.
    Matter stands Adj for NM hearing to 29/02/2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-02-2020
    
    Date: 29-02-2020
    Business: Adv. Arun Rajput for plaintiff is present.
    Adv. Lad for defendant is present.
    Plaintiff and defendant both present.
    Adv. for plaintiff seeks time for NM hearing.
    Matter stands Adj for NM hearing on  27.03.2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-03-2020
    
    Date: 27-03-2020
    Business: adjourned
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-04-2020
    
    Date: 27-03-2020
    Business: adjourned
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-04-2020
    
    Date: 27-03-2020
    Business: adjourned
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-04-2020
    
    Date: 08-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-04-2020
    
    Date: 08-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-04-2020
    
    Date: 08-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-04-2020
    
    Date: 20-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-05-2020
    
    Date: 20-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-05-2020
    
    Date: 20-04-2020
    
    Date: 30-05-2020
    Business: National Lockdown
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-06-2020
    
    Date: 30-05-2020
    Business: National Lockdown
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-06-2020
    
    Date: 30-05-2020
    Business: National Lockdown
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-06-2020
    
    Date: 17-06-2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-08-2020
    
    Date: 28-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-10-2020
    
    Date: 23-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-01-2021
    
    Date: 05-01-2021
    Business: None present.
    Matter stands Adj for Hearing on N/M to 17.02.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-02-2021
    
    Date: 05-01-2021
    Business: None present.
    Matter stands Adj for Hearing on N/M to 17.02.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-02-2021
    
    Date: 05-01-2021
    Business: None present.
    Matter stands Adj for Hearing on N/M to 17.02.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-02-2021
    
    Date: 17-02-2021
    Business: Plff in person present.
    Son of deft present.
    Adv Lad for deft present.
    With consent of both parties, matter stands Adj for NM Hearing to 22/03/2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-03-2021
    
    Date: 22-03-2021
    Business: Plff present.
    Adv Arun Rajput for plff present.
    Son of deft present.
    Adv for deft absent.
    Matter stands Adj for NM Hearing to 04/05/2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-05-2021
    
    Date: 04-05-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-07-2021
    
    Date: 14-07-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 31-08-2021
    
    Date: 14-07-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 31-08-2021
    
    Date: 31-08-2021
    Business: Plff present.
    Adv Arun Rajput for plff present.
    Deft present and his Adv absent.
    He seeks time for NM Hearing on the ground that his Adv  undergone operation.  Granted.
    Matter stands Adj for NM Hearing to 27/09/2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-09-2021
    
    Date: 27-09-2021
    Business: Adv Lad for defendant present.
    Son of defendant present.
    Plaintiff present.
    Adv Arun Rajput for plaintiff present.
    Heard Adv for both parties on Notice of Motions. Plaintiff has taken on NM No. 3884/19 for appointment of Court Receiver to hold inquiry of mesne profits and NM no. 36/2020 for temporary injunction to restrain the defendant from creating third party interest in suit premises i.e. Room no. 17/5, Mirashi Chawl, Nehru Nagar, KV Road, Bhandup (E), Mumbai- 400 042. Perused the plaint, reply and documents on the record.  Suit is for declaration that the defendant is a tresspasser in the suit premises, possession and mesne profits. Possession of defendant in the suit premises is not in dispute.  Plaintiff already claimed mesne profits in the plaint.  Under the circumstances no case is made out for appointment of court receiver. Hence, Notice of Motion No. 3884/2019 is dismissed and disposed-off. However, Possession of defendant in the suit premises is not in dispute. Under the circumstances, defendant may create third party interest in the suit premises. Hence suit premises needs to be protected from being transferred. Accordingly Notice of Motion No. 36/2020 is allowed in terms of prayer clause (a) and disposed-of accordingly.
    Nature Of Disposal: DISMISSED
    Disposal Date: 27-09-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 111170/2019
    Filing Date: 18-10-2019
    First Hearing Date: 14th November 2019
    Decision Date: 27th September 2021
    Court Number And Judge: 2-COURT 02 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    27 Sept 2021

    Order Details: Notice of Motion Pdf Text: 27.09.2021 36,39,40 CORAM : HIS HONOUR JUDGE SHRI. S. T. SOOR (C. R. No. 2) Suit 2408/2018 @NM 3884/19 @NM 36/2020 Adv Lad for defendant present. Son of defendant present. Plaintiff present. Adv Arun Rajput for plaintiff present. Heard Adv for both parties on Notice of Motions. Plaintiff has taken on NM No. 3884/19 for appointment of Court Receiver to hold inquiry of mesne profits and NM no. 36/2020 for temporary injunction to…

    Read Full Order

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