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NOTICE OF MOTION

The Vasudha CHSVsDamyanti R. Pujara And Ors

CNR MHCC01011260201958-COURT 58 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 18th June 2021

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
104106/2019
Registration Date
06 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: 06-11-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 15-01-2020
    
    Date: 15-01-2020
    Business: Adv. Pratap Singh for plaintiff.
    Defendant No.1 in person present and appearing for Defendant   No. 2 and 3 as C.A. present and tendered application Exh-3.
    Adv. Khandagle for MCGM/Deft.4,5,6 present.
    Heard Learned advocate Shri Khandagale for MCGM.
    The roznama reveals that since long NM is pending for reply by the defendant 4 to 6. No reply order to NM  is passed against defendant No. 4 to 6 .
    Copy of SLP No. 37676/19 is filed by defendant Nos. 1 to 3 along with application. Exh-3
    Adjd to 10.02.2020 for NM hearing.
    L.O. at 5.45pm
    Adv. Pratap Sing for plaintiff present.
     Defendant No.1 in person present and appearing for Defendant No. 2 and 3 as C.A. present
    By consent adjd to 21.02.2020 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-02-2020
    
    Date: 21-02-2020
    Business: Adv.Pratap Singh for plaintiff present and received copy of Exh-4.
    Adv. Khandagle for MCGM/Deft.No.4,5 and 6 present.
    Defendant No.1 Damyanti has submitted that there is stay order by Hon\''ble Supreme Court on 22.10.2019 she ahs filed copy of order 06.11.2019 this is order by   special leave petition diary no.37676/19 were there lordship is pleased to pass order  No demolition order will be passed or acted upon in the mean while. Subsequently the order dtd.10.01.2019 transpires the  interim order continued till
    Now the matter is listed for 3/3 as per defendant No.1. Hence it is requested for adjournment of end  of March or first week of April
    Today the compilation of documents filed at Exh-4 by defendant No.1 in person.
    Copy served to defendant/ MCGM.
     Matter adjd to 07.04.2020 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-04-2020
    
    Date: 07-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-04-2020
    
    Date: 18-04-2020
    Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No.77 of 2020 matter adjourned.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-05-2020
    
    Date: 28-05-2020
    Business: /home/ubuntu/Desktop/Please do careful
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-06-2020
    
    Date: 15-06-2020
    Business: Adjd to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-10-2020
    
    Date: 05-10-2020
    Business: None for Plaintiff.
    Defendant No.1 in person present and appearing for Defendant No.2 and 3 as C.A. present.
    Adv. Khandagle for Defendant No. 4,5,6/MCGM present.
    Heard Smt. Damayanti Defendant No.1 in person. She has submitted that the matter SLP NO. 37676 of 2019 is pending before the Hon\''ble Supreme Court. She has filed the copy of SLP (Civil) Diary No. 37676 of 2019 which transpires that “the interim order to continue in the mean time. The matter stands adjourned to 28/01/2020”. It is further submitted that due to pandemic situation, the matter could not reach in Hon\''ble Supreme Court.
    It is informed by Defendant No.1 that in inadvertently on roznama dtd. 21.02.2020 date was mentioned 10.01.2019 instead of 10.12.2019.
    Therefore the date is corrected in roznama dtd. 21.02.2020.
    The corrections are follows -
    “Subsequently the order dtd. 10.12.2019 transpires the interim order continue in the meantime”.
    It is informed to the Defendant No.1 that the matter was kept for N/m hearing and not for Suit hearing. As per SOP Covid-19 only urgent matters shown on Moderate Board. She has satisfied with her query.
    Defendant No. 1 tendered Written Argument to Notice of Motion No. 4106/19 as well as L.C. Suit No. 927/19, t.o.r. and marked as Exh.5. Copy thereof is served to Defendant No. 4,5,6/MCGM.
    Defendant No.1 is directed to serve the copy of Written Argument to plaintiff.
    Defendant No. 1 undertake to serve the copy of Written Argument the plaintiffs and their advocate.
    At the request of Defendant No.1.
    Authenticated copies be given to the both parties.
    Matter adjd. to 21/12/2020 for N/m hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-12-2020
    
    Date: 21-12-2020
    Business: Adv. Pal for plaintiff present.
    Deft no.1 in person present and appearing for deft no.2 and 3 as
    C. A. present.
    Adv. Khandagle for deft no. 4 to 6/MCGM present.
    By Consent of both the parties, matter is adjd to 27/01/2021 for NM Hearing.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 27-01-2021
    
    Date: 27-01-2021
    Business: Authenticated copies be given to the both parties.
    Matter adjd to 01/03/2021 for NM Hearing.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 01-03-2021
    
    Date: 01-03-2021
    Business: None for plaintiff.
    Deft no.1 in person present and appearing for deft no.2 and 3 as C. A. present.
    Adv. Khandagle for deft no. 4 to 6/MCGM present.
              Plaintiff is not present. Smt. Pujara submitted that she will file complaint in Hon''ble Bombay High Court if the matter is not heard today. She was insisting in a large voice to dismiss Notice of Motion No.4106/19 filed by plaintiff.  I requested her that there are specific directions of Hon''ble Principal Judge, City Civil and Sessions Court, Gr. Bombay for not to pass any adverse order in any matter. She asked me to give copy of order given by Hon''ble Principal Judge. I replied that it is message to all Judges on What''s app as per the request of the President of Bar for not to make any adverse order as litigants and lawyers find it difficult to appear on Court dates due to rising case of Covid-19 in the State of Maharashtra and especially in Mumbai.
    Party in person Smt. Pujara is not ready to listen. She took her phone in front of me and called someone. I asked her to go outside and speak on phone rather in Court.
             On every date, she is not in a mood to listen other side or anyone and dictating Court to do as per her wish. On last date, on her wish the roznama was corrected and copy supplied to her.  Today considering pandemic situation, despite of request she was not understanding the request of this Court and was not ready to take next adjournment date. Advocate Khandagale for MCGM also tried convenience her but she is reluctant. Subsequently after request, now she is ready for adjournment of 10th March,2021 for NM Hearing. It is pertaining to note that there is no any adverse order against this deft in this matter till today. Still she is disturbing the smooth functioning of this Court.
    Later On.
    Today written arguments in NM No.4106/19 is filed by deft no.1 in person. TOR and marked at Exh.8. Copy is served to deft no. 4 to 6/MCGM. Copy be supplied to plaintiff till next date.
    I requested her to sit and submit being Senior Citizen.
    Matter adjd to 10/03/2021 for NM Hearing.
    Later On. At 04.00 pm.
    Adv. Shailesh Pal h/f Adv. Pratap Singh for plaintiff present. It is assured by advocate Pal to argue the matter on next date.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 10-03-2021
    
    Date: 10-03-2021
    Business: Court is on leave, hence board is discharged.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 19-03-2021
    
    Date: 19-03-2021
    Business: Matter adjd to 03/04/2021 for Order on NM No.4106/19.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 03-04-2021
    
    Date: 03-04-2021
    Business: None for plaintiff.
    Deft no.1 in person present and appearing for deft no.2 and 3 as C. A. present.
    Adv. Ms. Smita Chavan h/f Adv. Khandagle for deft no. 4 to 6/MCGM present.
    Later On. At 2.15 pm.
    Adv. Pal for plaintiff present. Adv. Pal perused Exh.10 and submitted that the necessary order will be passed.
    Heard party in person.
    Matter adjd to 16/04/2021 for Order on NM No.4106/19.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 16-04-2021
    
    Date: 16-04-2021
    Business: Declared holiday as per circular No.79/2021 dt. 12/04/2021.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 27-04-2021
    
    Date: 27-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 09-06-2021
    
    Date: 09-06-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 10-06-2021
    
    Date: 10-06-2021
    Business: Due to covid-19, matter is adjd to 14-06-2021
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 14-06-2021
    
    Date: 14-06-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 18-06-2021
    
    Date: 18-06-2021
    Business: None for plaintiff.
    None for MCGM.
    Defendant No.1 in person present and appearing for defendant No.2 and 3.
    FRSR, following order is passed on NM No.4106 of 2019.
    ORDER
    1.        Notice of Motion No. 4106 of 2019 stands dismissed being
               devoid of merits.
    2.         Notice of Motion No. 4106 of 2019 is disposed of
               accordingly.
    Nature Of Disposal: DISMISSED
    Disposal Date: 18-06-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 112018/2019
    Filing Date: 06-11-2019
    First Hearing Date: 06th November 2019
    Decision Date: 18th June 2021
    Court Number And Judge: 58-COURT 58 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    18 Jun 2021

    Order Details: Notice of Motion Pdf Text: Order N/m No. 4106/2019 1 Suit No. 927/2019 MHCC010112602019 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. NOTICE OF MOTION NO. 4106 OF 2019 (CNR NO. MHCC01-11260-2019) IN SUIT NO. 927 OF 2019 (CNR NO. MHCC01-003602-2019) VASUDHA CO-OP. HOUSING SOCIETY LTD. ...Plaintiff Versus SMT. DAMAYANTI R. PUJARA & ORS. ...Defendants --------------------------------------------------------------------------------------------------- Defendant No.1 in person present and appearing for defendant Nos. 2 and 3 as a C.A. Adv. Mr. Khandagale. Advocate for defendant…

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