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NOTICE OF MOTION

Ashish Prakash KeerVsRajendra Dhondu Keer And Ors

CNR MHCC01011043201965-COURT 65 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--PARTLY ALLOWED
Decision Date: 24th September 2025

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
103999/2019
Registration Date
02 Nov 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: 13-11-2019
    Business: P. O. is on Leave
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 21-12-2019
    
    Date: 21-12-2019
    Business: Matter is called out at 2.58pm
    Adv.Kiran S.Mohite for plaintiff present tendered affidavit of service alongwith return envelope. (Exh-5)
    Adv.N.G.Gardre for defendant no.4 present filed vakalatnama. (Exh-6) T.O.R
    Exh-1 Plaint
    Exh-2Vakalatnama                                                                           Exh-3 Memorandum of register address.
    Exh-4 List of documents.
    Plaintiff tendered registered N/M No.3999/19.
    By consent parties to maintain status-quo till next date.
    Matter is adj to 03/02/2020 for N/M reply and hearing.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 03-02-2020
    
    Date: 03-02-2020
    Business: Matter is called out at 4.01pm
    Adv.Mr.Ajay Lokhande for plaintiff present.
    Adv.Priya Patil for defendant no.1 filed vakalatnama. (Exh-7) T.O.R
    Adv.N.G.Gardare for defendant no.4 present.
    Adv. for defendant no.4 filed reply on N/M No.3999/19.T.O.R
    Copy supplied to the other side.
    Earlier order to continue.
    Matter is adj to 04/03/2020 for N/M reply of def.no.1.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 04-03-2020
    
    Date: 04-03-2020
    Business: Matter is called out at 3.28pm
    Adv.Ajay Lokhande i/b Kiran Mohite for plaintiff present.
    Adv.Priyanka Patil for defendant no.1 present.
    Adv. N.G.Gardare for defendant no.4 present.
    Adv. for defendant no.1 filed reply on N/M No.3999/19.T.O.R
    Copy supplied to the plaintiff and def.no.4.
    Adv.Paresh More for defendant no.5 and 6 filed vakalatnama. (Exh-8) T.O.R
    Earlier order to continue, if any.
    Matter is adj to 05/05/2020 for N/M reply and hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-05-2020
    
    Date: 05-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-05-2020
    
    Date: 27-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-06-2020
    
    Date: 12-06-2020
    Business: Due to Corona pandemic, it seems that parties are absent, Case is adjourned to 07/08/2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-08-2020
    
    Date: 07-08-2020
    Business: Due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-09-2020
    
    Date: 07-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-10-2020
    
    Date: 17-10-2020
    Business: Due to Covid-19 none present.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-12-2020
    
    Date: 11-12-2020
    Business: Adv.Mr.Kiran S.Mohite for plaintiff present.
    Defendant and his advocate absent.
    Earlier order to continue.
    Matter is adj to 06/02/2021 for N/M hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-02-2021
    
    Date: 06-02-2021
    Business: Adv for plaintiff present. He requested for adjournment.
    Adv N.G.Gardare for defendant no.4 present.
    Interim order is continued till next date.
    Matter adjd for N.M. hearing on 01/03/2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-03-2021
    
    Date: 01-03-2021
    Business: Adv. for plaintiff present and filed reply as a rejoinder to reply of defendant nos.1 and 4.
    Adv. N.G. Gardre for defendant no.4 present.
    Adv. for defendant no.5 filed reply to NM 3999/19.
    Adv. for plaintiff requested for adjournment.
    Interim order if any to continue till next date.
    Matter is adjd. for NM hearing on 24/3/2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-03-2021
    
    Date: 24-03-2021
    Business: Adv Kiran Mohite for plaintiff present.
    Defendant no.4 present. She requested adjournment.
    Earlier order is continued till next date.
    Matter adjd for N.M. hearing on 25/06/2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-06-2021
    
    Date: 25-06-2021
    Business: CORAM H.H.J. SHRI. R. V. KOKARE (C.R.No.63)
    None present for plaintiff.
    None present for defendant.
    Adjourned for NM hearing to 27.07.2021.
                                                                                            Judge
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-07-2021
    
    Date: 27-07-2021
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-09-2021
    
    Date: 17-09-2021
    Business: P.O. is on Leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-10-2021
    
    Date: 20-10-2021
    Business: Court is on Leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-11-2021
    
    Date: 30-11-2021
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-01-2022
    
    Date: 05-01-2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-03-2022
    
    Date: 17-03-2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-06-2022
    
    Date: 16-06-2022
    Business: (Matter pertains to C.R. No. 63)
    Adv. A. S. Lokhande for plaintiff present.
    None for defendant.
    Earlier order, if any, to continue till next date.
    Adjd. for Hearing on NM to 19.07.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-07-2022
    
    Date: 19-07-2022
    Business: Advocate Kiran Mohite for plaintiff is present.
    Advocate Kunal Nagavekar for defendant no.4 present
    Earlier order, if any, to continue till next date.
    Adjourned for Hearing on NM to 29.8.2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-08-2022
    
    Date: 29-08-2022
    Business: Advocate KIran Mohite for plaintiff present.
    None for defendant.
    Earlier order, if any, to continue till next date.
    Matter is adjd.to 13-10-2022 for NM Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-10-2022
    
    Date: 13-10-2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-12-2022
    
    Date: 05-12-2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-01-2023
    
    Date: 30-01-2023
    Business: Adv. Kiran Mohite for plaintiff present.
    Defendant present.
    Earlier order if any, to continue till next date.
    Matter is adjd.to 14-03-2023 for NM.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-03-2023
    
    Date: 14-03-2023
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-06-2023
    
    Date: 15-06-2023
    Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
    Adv. Kiran Mohite present for plaintiff.
    Adv. Manoj Pawar present for defendant no.05.
    Adv. Priyanka Patil present for defendant no.01.
    Adv. for Plaintiff submitted that he don’t want to rejoinder.
    Earlier order if any, to continue till next date.
    Matter is adjd. for hearing on NM to 18.07.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-07-2023
    
    Date: 18-07-2023
    Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
    Adv. Ishita Shah i/b Kiran present for plaintiff.
    None present for defendant.
    Defendant no.01 in person present and sought time to argue Notice of Motion.
    Earlier order if any to continue till next date.
    Matter is adjd. for NM hearing to 07.08.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-08-2023
    
    Date: 07-08-2023
    Business: Adv. Dipika Mule i/b. Adv. Kiran Mohite present for plaintiff and sought adjournment.
    Priyanka Patil present for defendant no.1.
    Earlier order, if any till continue till next date.
    Matter is adjd. for NM Hearing to 18/09/2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-09-2023
    
    Date: 18-09-2023
    Business: CORAM : H.H.J. SHRI. V. M. PATHADE (C.R.NO.62)
    matter pertain to C.R. 63
    Adv. Deepika Mule present for plaintiff.
    None present for defendant.
    Earlier order if any to continue till next date.
    Matter is adjd. for Compliance to 10.11.2023.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 10-11-2023
    
    Date: 10-11-2023
    Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
    Adv. Kiran Mohite present for plaintiff.
    Adv. Kunal Nagvekar present for defendant no.04 and filed written notes of argument on Notice of Motion no.3999/2019. Taken on record.
    Defendant no.01 is present.
    Earlier order if any to continue till next date.
    Matter is adjd. for NM hearing to 21.12.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-12-2023
    
    Date: 21-12-2023
    Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
    Adv. Ishita Shah i/b Adv. Kiran Mohite present for plaintiff.
    None present for defendant.
    Defendant no.01 is present and sought adjournment on the ground of illness of advocate.
    Earlier order if any to continue till next date.
    Matter is adjd. for NM hearing to 01.02.2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-02-2024
    
    Date: 01-02-2024
    Business: None for Plaintiff present.
    None for defendants No.1 to 6 present.
    Earlier order, if any, to be continue till next date.
    Later on at 3.17 pm.
    Adv. Kiran Mohite for plaintiff present.
    Adv. Priyanka Patil for defendant No.1 present.
    Matter stands adjourned on 22.03.2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-03-2024
    
    Date: 22-03-2024
    Business: Advocate Ishita Shah i/b Advocate Kiran Mohite for Plaintiff present.
    Defendant No.1 present and prayed for adjournment due to non availability of Advocate. O - Granted.
    None for defendants No.2 to 6 present.
    Earlier order, if any, to be continue till next date.
    Matter stands adjourned on 14.06.2024 for Notice of Motion
    hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-06-2024
    
    Date: 14-06-2024
    Business: Advocate Ishika Shah for plaintiff present.
    Advocate Priyanka Patil for defendant No.1 present.
    None for other defendants present.
    Kept back.
    Later on at 04.10 pm.
    Advocate Ishika Shah for plaintiff present.
    Advocate Priyanka Patil for defendant No.1 present and prayed for adjournment for filing service affidavit. O - Granted.
    None for other defendants present.
    Earlier order, if any, to be continue till next date.
    Matter adjourned to 06.07.2024 for Notice of Motion hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-07-2024
    
    Date: 06-07-2024
    Business: Adv. Ishita Shah i/b Adv. Kiran Mohite for plaintiff present.
    Adv. Kunal Nagvekar for defendant No.4 present.
    Keep Back.
    Later on.
    Adv. Ishita Shah i/b Adv. Kiran Mohite for plaintiff present.
    Adv. Priyanka Patil for defendant No.1 present.
    Earlier order, if any, to be continue till next date.
    Matter stands adjourned on 12/09/2024 for hearing of Notice of Motion.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-09-2024
    
    Date: 12-09-2024
    Business: Adv. A. S. Lokhande h/f Adv. Kiran Mohite for plaintiff present and prayed for grant of adjournment. Adjournment granted.
    Adv. Vikas Tiwari h/f Adv. Priyanka Patil for defendant No.1 present.
    Earlier order, if any, to be continue till next date.
    Matter adjourned for Notice of Motion hearing.
    Matter stands adjourned on 27/11/2024 for Notice of Motion hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-11-2024
    
    Date: 27-11-2024
    Business: Adv. Kiran Mohite for plaintiff present.
    Adv. Priyanka Patil for defendant No.1 present.
    Adv. Kunal Nagwekar for defendant No.4 present and filed written notes of arguments.
    None for other defendant present.
    Keep Back.
    Later on.
    Adv. Kiran Mohite along with Adv. Lokhande and Adv. Deepika Mule for plaintiff present.
    Adv. Priyanka Patil for defendant No.1 present.
    None for other defendant present.
    Parties are directed to file written notes of arguments.
    Matter adjourned for filing written notes of arguments.
    Matter stands adjourned on 13/12/2024 for filing written notes of arguments.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 13-12-2024
    
    Date: 13-12-2024
    Business: Adv. Lokhande for plaintiff present and seek time for argument. Time granted till next date.
    None for defendant present.
    Matter stands adjourned on 05/02/2024 for argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 05-02-2025
    
    Date: 05-02-2025
    Business: Adv. Kiran Mohite for plaintiff present and filed written notes of arguments on Notice of Motion No.3999/2019. Seen. Taken on record.
    Adv. Patil for defendant No.1 present and filed draft Notice of Motion along with affidavit. Leave granted to register it.
    She also filed written notes of arguments on Notice of Motion No.3999/2019. Seen. Taken on record.
    She also filed written statement. Taken on record.
    None for other defendant present.
    Defendant No.1 submitted that she has No Objection for continuing earlier order.
    Earlier order, if any, to be continue till next date.
    Matter stands adjourned on 04/03/2025 for Notice of Motion orders.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 04-03-2025
    
    Date: 04-03-2025
    Business: Adv. Deepika Mule present for plaintiff.
    Adv. Priyanka Patil present for defendant No. 1 and seeks time for registration of draft Notice of motion.  Time extended .
    Earlier order, if any, to be continue till next date.
    Court is busy in hearing in urgent matters.
    Matter stands adjourned on 29.03.2025 for order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 29-03-2025
    
    Date: 29-03-2025
    Business: Adv. Lokhande A. S. for plaintiff present.
    None for defendant present.
    Stenographer is not available and hence, matter is adjourned. Parties to take note.
    Matter stands adjourned on 17/04/2025 for order.
    Next Purpose: ORDER
    Next Hearing Date: 17-04-2025
    
    Date: 17-04-2025
    Business: None for plaintiff present.
    Defendant No.1 present his Adv. absent.
    Keep Back.
    Later on.
    Stop-gap stenographer is on leave. Hence, matter is adjourned. Parties to take note.
    Matter stands adjourned on 09/05/2025 for order.
    Next Purpose: ORDER
    Next Hearing Date: 09-05-2025
    
    Date: 09-05-2025
    Business: Adv. Lokhande i/b Adv. Kiran Mohite for plaintiff present.
    None for defendant present.
    Record reflects that earlier order was continued till 04/03/2025. Parties agreed to maintain status quo by consent on 21/12/2019 and since then earlier order was continued.  There is no material on record for withdrawal of consent by defendant. Hence, Earlier order, if any, to be continue till next date.
    Court is busy in dictating order in High Court Time Bound matter. Hence, matter is adjourned. Parties to take note.
    Matter stands adjourned on 04/07/2025 for orders.
    Next Purpose: ORDER
    Next Hearing Date: 04-07-2025
    
    Date: 04-07-2025
    Business: None for plaintiff present.
    Adv. Priya Patil for defendant No.1 present                                                                                     and informed that draft Notice of Motion was filed for seeking leave to register it on 05/02/2025 however, it would not be registered till date. She undertakes to get it registered today and submits the same besides undertaking of service of copies thereof to the other side. Time is extended for registration of Notice of Motion till today.
    Later on. 5.20 PM
    Adv. Priya Patil for defendant No.1 present and filed registered Notice of Motion No.3546/2025 along with affidavit. Taken on record. Copy of draft Notice of Motion along with affidavit in support has been served upon the Adv. for plaintiff.
    Matter stands adjourned on 15/07/2025 for filing reply to Notice of Motion No.3546/2025 and orders on Notice of Motion No.3999/2019.
    Later on.
    Adv. Lokhande i/b Adv.  Kiran S. Mohite for plaintiff present.
    The orders of maintaining the status quo passed on 21/12/2019 in Notice of Motionl No.3999/2019 by consent of the parties shall stand continue till next date of hearing. The parties shall advance their submission on merits of Notice of Motion No.3999/2019 without fail on next date of hearing else the ad-interrim relief shall be vacated and Notice of Motion will disposed of for watn of prosecution.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 15-07-2025
    
    Date: 15-07-2025
    Business: P.O. is on Leave.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 12-08-2025
    
    Date: 12-08-2025
    Business: Adv. Dipika Mule for plaintiff present.
    Adv. Priayanaka Patil for defendant No.1 present.
    None for other defendant present.
    Notice of Motion No.3546/2025 is taken out by defendant No.1 with request to allowed them to file their written statement on record by condoning the delay of 4 years 9 months and 10 days. They have filed their signed and verified written statement and documents along with this Notice of Motion. The learned Adv. for defendant No.1 submitted that the issue in the matter needs to be decided on merits as everybody is calming their right and interest in the property. It is further submitted that therefore least opportunity may be given to them to put up their defense for deciding the matter on merits. It is accepted by them that at the most reasonable costs can be imposed upon them but opportunity should not be denied.
    The learned Adv. for the plaintiff endorsed her say on the Notice of Motion No.3546/2025 itself by mentioning that they are strongly objecting the same so also asked the costs to be imposed. Heard, both at length the suit is filed for declaration that the plaintiff is having 1/12 equal share, undivided right, title and interest as a LR and successor in the property of their grandfather. So considering the nature of suit, submission at BAR made by the parties and as it appears a need to give a least opportunity to defendant to defendant a matter on merits . The prayer can be accepted no harm would cause to plaintiff also. It would help to court to decide the matter on merits at the most considering the strong objection taken by the plaintiff their grievance can be pacify by imposing a costs upon the defendant NO.1 to be paid to plaintiffs as per final order.
    1.Notice of Motion No.3546/2025 is allowed.
    2.The delay of 4 years 9 months and 10 days is hereby condone subject to the costs of Rs.4,000/- to be paid to the plaintiff by the defendant No.1 on or before next date.
    3.On compliance of the costs the written statement filed along with Notice of Motion by defendant No.1 be taken on record.
    4.Parties to take note.
    5.Proceeding of Notice of Motion No.3546/2025 in Suit No.2504/2019 is closed.
    Matter stands adjourned on 20/08/2025 for compliance / order on Notice of Motion.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 20-08-2025
    
    Date: 20-08-2025
    Business: P. O. is on leave.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 12-09-2025
    
    Date: 12-09-2025
    Business: Adv. Deepika Mule  for plaintiff present.
    Adv. Priyanka for defendant No.1 present.
    Earlier order, if any, to be continue till next date.
    Due to paucity of time matter is adjourned.
    Matter stands adjourned on  24/09/2025  for Notice of Motion order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 24-09-2025
    
    Date: 24-09-2025
    Business: None for plaintiff present.
    None for defendant present.
    Keep Back.
    Later on.
    F.R.S.R. following order is passed in Notice of Motion No.3999/2019.
    ORDER
    1.Notice of Motion No. 3999/2019 is partly allowed.
    2.All the defendants i.e. defendants no.1 to 6 are hereby restrained by temporary injunction from creating third party rights in suit property (described in para 3 of plaint and in Exh.B annexed with plaint) so also restrained from alienating, transferring it in any manner pending hearing and final disposal of suit.
    3.Parties to take note.
    4.No order as to costs.
    5.Proceeding of Notice of Motion No. 3999/2019 in Suit No. 2504/2019 is closed.
    Nature Of Disposal: PARTLY ALLOWED
    Disposal Date: 24-09-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 111820/2019
    Filing Date: 02-11-2019
    First Hearing Date: 13th November 2019
    Decision Date: 24th September 2025
    Court Number And Judge: 65-COURT 65 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    24 Sept 2025

    Order Details: Notice of Motion Pdf Text: N/m No. 3999/19 in S.C.Suit No. 2504/19. [ 1 ] Order. MHCC010110432019 Presented on : 02.11.2019 Registered on : 02.11.2019 Decided on : 24.09.2025 Duration : 5 Y, 10 M, 23 D IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. NOTICE OF MOTION NO. 3999 OF 2019 IN S. C. SUIT NO. 2504 OF 2019 Shri Ashish Prakash Keer )...Plaintiff Versus Shri Rajendra Dhondu Keer and others )...Defendants CORAM : JUDGE H. C.…

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