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NOTICE OF MOTION

Shivshaktia Co. Op. Hsg. SocietyVsShri. Shishir Shivapurkar

CNR MHCC01010795201966-COURT 66 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--OTHER
Decision Date: 16th December 2023

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
103925/2019
Registration Date
23 Oct 2019

Advocates

1

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 04-12-2019
    Business: Matter called out(3.17pm)
    Adv.D.C.Pathak for plaintiff present tendered registered N/M No.3925/19.T.O.R.
    Adv.Rashmika Lokhande for defendant present tendered registered N/M No.4040/19.
    Plaintiff filed reply on N/M No.4040/19.
    Copy serve to the defendant advocate.
    Defendant seeking time to file reply on N/M No.3925/19.
    Defendant to way service of summons.
    Matter is adj to 03/02/2020 for N/M reply and N/M hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-02-2020
    
    Date: 03-02-2020
    Business: Matter is called out at 3.50pm
    Adv.Sanjay Prabhala h/f Adv.D.C.Pathak for plaintiff present.
    Adv.Rashmika Lokhande for defendant present.
    Defendant filed written statement (Exh-6) T.O.R
    Copy serve to the other side.
    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 their adv. absent.
    Adv. Vijay Sharma for defendant present.
    Matter is adj for hearing on NM on 05-04-2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-04-2021
    
    Date: 05-04-2021
    Business: Adv. Rajput for plaintiff present. He filed rejoinder to NM 3925/19.
    Defendant and adv. absent.
    Matter adj for NM hearing on 22.06.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-06-2021
    
    Date: 22-06-2021
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-08-2021
    
    Date: 06-08-2021
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-08-2021
    
    Date: 26-08-2021
    Business: Advocate Mr. Rajaput for plaintiff is present.
    Advocate Rashmika Lokhande for defendant is present.
    Adjourned for NM hearing to 22.09.2021.
                                                                                            Judge
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-09-2021
    
    Date: 22-09-2021
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-12-2021
    
    Date: 06-12-2021
    Business: Court is on Leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-01-2022
    
    Date: 07-01-2022
    Business: Court is on Leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-02-2022
    
    Date: 28-02-2022
    Business: Advocate D.C. Pathak for plaintiff is present.
    Advocate Rashmika Lokhande for defendant is present and requested for short adjournment as her senior advocate is busy in another court. Request is granted.
    Adjourned for NM hearing to 13.04.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-04-2022
    
    Date: 13-04-2022
    Business: Advocate Dhananjay Pathak for plaintiff is present.
    Advocate Sharma for defendant is present.
    Adjourned for NM hearing to 27.07.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-07-2022
    
    Date: 27-07-2022
    Business: Court is vacant
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-09-2022
    
    Date: 14-09-2022
    Business: Court is vacant
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-10-2022
    
    Date: 17-10-2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-11-2022
    
    Date: 17-11-2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-12-2022
    
    Date: 17-12-2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-01-2023
    
    Date: 13-01-2023
    Business: matter is adjourned to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-03-2023
    
    Date: 08-03-2023
    Business: Adv. Dhananjay Pathak for plaintiffs a/w  Plaintiff no. 3 present.
    None for defendants.
    Matter is adjd.to 06-04-2023 for hearing on Exh.6 and say on Exh.7 and NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-04-2023
    
    Date: 06-04-2023
    Business: Adv. Sanjay Prabhala h/f Adv. Dhananjay Pathak for plaintiff present and filed written notes of argument t.o.r. marked as Exh.8
    He also filed application to take roznama in suit no. 2636/2019 on record t.o.r. marked as Exh. 9. O- Allowed to file copies of roznama.
    Plaintiff no. 3 present.
    Adv. Rashmika Lokhande for defendant present.
    Defendant no. 1 in person present and received copies of Exh.8 and Exh.9
    Matter is adjd.to 02-05-2023 for hearing on Exh.7 and say on Exh.9/NM hearing
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-05-2023
    
    Date: 02-05-2023
    Business: matter is adjourned to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-06-2023
    
    Date: 06-06-2023
    Business: Plaintiff  no. 3 in person present.
    Adv. Rashamika Lokhande h/f Vijay Sharma for defendant present.
    Advocate for defendant seek time to argue the matter.  Time granted.
    Matter adjourned for hearing on Exh.7 and say on Exh.9/NM hearing to 03/07/2023 as last chance.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-07-2023
    
    Date: 03-07-2023
    Business: Adv. Sanjay Prabhala h/f Dhananjay Pathak for plaintiff present.
    Plaintiff no. 3 in person present. Ready to argue on Exh 7. but due to paucity of time, matter adjourned for n/m hearing.
    None for defendant present.
    Matter adjourned for n/m hearing to 04/09/2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-09-2023
    
    Date: 04-09-2023
    Business: Adv. Sanjay Prabhala h/f Dhananjay Pathak for plaintiff present.
    Plaintiff no. 3 in person present.
    None For defendant present. KB
    L. O. at 5.10 PM.
    Advocate for plaintiff absent.
    Plaintiff no. 3 in person present.
    Today matter is kept for n/m hearing Nos. 3925 of 2019 and 4040 of 2019.  But Advocate for plaintiff already filed written notes of argument to n/m no. 3925 of 2019, so  neither defendant nor his advocate present. If on next date defendant failed to argument n/m, it will be heard in their absence.
    Matter adjourned for hearing to 25/10/2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-10-2023
    
    Date: 25-10-2023
    Business: P. O. is on leave, matter adjourned to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-11-2023
    
    Date: 23-11-2023
    Business: Adv. Sanjay Prabhala h/f Dhananajay Pathak for plaintiff present.
    Plaintiff no. 3 in person present.
    Adv.  Rashmika Lokhande for defendant present and seek time for NM hearing.  On last occasion specific direction was given to the defendant that if today defendant failed to argue on NM, it will be heard in their absence.
    So in my opinion sufficient chances/opportunity given to the defendant to argue n/m. The plaintiff already filed written notes of argument long back. Hence NM no. 3925 of 2019 be kept for order and NM no. 4040 of 2019 for dismissal for want of prosecution.
    Matter adjourned for NM order no. 3925 of 2019 and NM dismissal to 15/12/2023.
    Next Purpose: ORDER
    Next Hearing Date: 15-12-2023
    
    Date: 15-12-2023
    Business: Adv. Sanjay Prabhala for plaintiff present.
    Plaintiff no. 3 in person present.
    Adv.  Rashmita Lokhande for defendant present.
    Court is busy in dictating order matter in ABA 1851/2023, ABA 2193/2023, MA in ABA 479/2023,  MA in ABA 480/2023,  MA in ABA 565/2023 and MA in ABA 566/2023.
    Matter adjourned for NM order to 16/12/2023.
    Next Purpose: ORDER
    Next Hearing Date: 16-12-2023
    
    Date: 16-12-2023
    Business: Adv. Sanjay Prabhala for plaintiff present.
    Plaintiff no. 3 in person present.
    Adv.  Rashmita Lokhande for defendant present.
    FRSR following order passed on NM no. 3925 of 2019:-
    - ORDER -
    1. 	Prayer clause (a) of Notice of Motion No. 3925/2019 is made absolute.
    2. 	The defendant is restrained from alienating or disposing off the one premises on ground floor and one flat at upper floor of the plaintiff no.1 building Neha Residency.
    3. 	N/m No. 3925/2019 is disposed off accordingly.
    Nature Of Disposal: OTHER
    Disposal Date: 16-12-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 111598/2019
    Filing Date: 23-10-2019
    First Hearing Date: 04th December 2019
    Decision Date: 16th December 2023
    Court Number And Judge: 66-COURT 66 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    16 Dec 2023

    Order Details: Notice of Motion Pdf Text: N/m No. 3925/19 in S.C.Suit No. 2506/19. 1 Order. MHCC010107952019 Presented on : 23-10-2019 Registered on : 23-10-2019 Decided on : 16-12-2023 Duration : 4 years, 1 months, 24 days IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. NOTICE OF MOTION NO. 3925 OF 2019 IN S. C. SUIT NO. 2506 OF 2019 Shivshakti Co.Op. Hsg. Society (Proposed) ) and others )...Plaintiffs Versus Shri Shishir Shivapurkar )...Defendant Shri Sanjay Prabhala h/f Shri Dhananjay…

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