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NOTICE OF MOTION

Shivshaktia Co. Op. Hsg. SocietyVsShri. Shishir Shivapurkar

CNR MHCC01011123201966-COURT 66 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--OTHER
Decision Date: 08th August 2024

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
104040/2019
Registration Date
04 Nov 2019

Advocates

2

For Petitioner

For Respondent

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: NM FOR DISMISSAL
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: NM  ORDERS
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.
Matter adjourned for NM hearing no. 4040 of 2019 to 05/02/2024
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-02-2024

Date: 05-02-2024
Business: Adv. Sanjay Prabhala h/f Dhananjay Pathak for plaintiff present.
Adv. Rashmita Lokhande for defendant present.
Matter adjourned for NM hearing to 06/03/2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-03-2024

Date: 06-03-2024
Business: Adv. Sanjay Prabhala h/f Dhananjay Pathak for plaintiff present.
Adv.  Reshmika Lokhande for defendant present.
Matter adjourned for NM hearing to 26/03/2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-03-2024

Date: 26-03-2024
Business: Adv. Sanjay Prabhala h/f Dhananjay Pathak For plaintiff present.
Adv. Rashmita Lokhande For defendant present.
Matter adjourned for NM hearing to 19/04/2024
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-04-2024

Date: 19-04-2024
Business: Adv. Prabhala for plaintiff present.
Adv. Sharma for defendant present.
Court is busy in hearing other matters.
By consent, matter adjourned for NM hearing on 12.07.2024
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-07-2024

Date: 12-07-2024
Business: None for plaintiff present.
Adv. Vijay Sharma a/w Reshma Mahajan defendant present.
KB.
L. O. at 4.15 PM.
None for plaintiff present.
Adv. Vijay Sharma a/w Reshma Mahajan defendant present and submit that his notice of motion be treated as argument.
Matter adjourned for NM order to 01/08/2024.
Next Purpose: NM  ORDERS
Next Hearing Date: 01-08-2024

Date: 01-08-2024
Business: Adv. Sanjay Prabhala h/f Dhananajay Pathak for plaintiff present.
Adv. Reshma Mahajan For defendant present.
KB for NM order..
Court is busy in other matter.
Matter adjourned for NM order to 08/08/2024.
Next Purpose: NM  ORDERS
Next Hearing Date: 08-08-2024

Date: 08-08-2024
Business: None present.
Notice of Motion no. 4040 of 2019 stands rejected.
Further Reasons Separately Recorded
Order dictated and pronounced in open court.
Nature Of Disposal: OTHER
Disposal Date: 08-08-2024

Additional Case Details

Additional Case Details
Filing Number: 111857/2019
Filing Date: 04-11-2019
First Hearing Date: 04th December 2019
Decision Date: 08th August 2024
Court Number And Judge: 66-COURT 66 ADDL SESSIONS JUDGE

Orders

1
Final Order 1Full order available
08 Aug 2024

Order Details: Notice of Motion Pdf Text: N/m No. 4040/19 in S.C.Suit No. 2506/19. 1 Order. MHCC010111232019 Presented on : 04-11-2019 Registered on : 04-11-2019 Decided on : 08-08-2024 Duration : 4 years, 9 months, 4 days IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. NOTICE OF MOTION NO. 4040 OF 2019 IN S. C. SUIT NO. 2506 OF 2019 Shivshakti Co-op. Hsg. Society (Proposed) ) and others )...Plaintiffs Versus Mr. Shishir Shivapurkar )...Defendant Shri Sanjay Prabhala h/f Shri Dhananjay…

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