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NOTICE OF MOTION

Nikhil Austin Dsouza - Suit St. No. 11590 of 2019VsNewlook Constructions Pvt. Ltd. And Ors

CNR MHCC0101145620198-COURT 08 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 04th October 2023

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
104176/2019
Registration Date
11 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: 16-12-2019
    Business: Adv.   for Plaintiff is present.
    Adv. Harish Pawar for Defendant no. 1 is  present.  He seeks time for tendering reply to NM and tendering WS O granted Subject to stipulation in CPC
    Adv. Shukla h/f Adv. Martina Sakpal for defendant no.  7 is present.
    Adv. Harshad Virkar for defendant no. 8 is present.
     Adv. Chandramore for defendant no.  5 is present.
    Matter is NT
    Matter is adjd. for  NM reply/WS Order  to 29/01/2020.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 29-01-2020
    
    Date: 29-01-2020
    Business: Court is on leave.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 17-04-2020
    
    Date: 17-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 06-05-2020
    
    Date: 06-05-2020
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 28-05-2020
    
    Date: 28-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 15-06-2020
    
    Date: 15-06-2020
    Business: national lock down
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 19-10-2020
    
    Date: 19-10-2020
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 08-02-2021
    
    Date: 08-02-2021
    Business: None for plaintiff.
    Adv. Shruti Gujjar h/f Adv. Harish Pawar for the defendants No.1 to 4.
    Adv. Chandramore for the defendant No.5.
    Adv. Mr. Kudalkar for the defendant No.7.
    Adv. Mr. Trivedi for the defendant No.8
    Advocate for the defendant No.1 to 4 tendered registered N/M No.389/2021 along with affidavit in support. t.o.r.
    Matter is adjd. to 12/04/2021 for NM reply.
    Next Purpose: REPLY
    Next Hearing Date: 12-04-2021
    
    Date: 12-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPLY
    Next Hearing Date: 12-06-2021
    
    Date: 12-06-2021
    Business: due to covid-19
    Next Purpose: REPLY
    Next Hearing Date: 27-07-2021
    
    Date: 27-07-2021
    Business: court is on leave
    Next Purpose: REPLY
    Next Hearing Date: 27-09-2021
    
    Date: 27-09-2021
    Business: Court is busy in dictating order in NM-1792/21 (Suit-1568/21) and NM No.3356/18 (Suit-2349/18).Hence board is discharged.
    Matter is adjd. to 10.12.2021 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 10-12-2021
    
    Date: 10-12-2021
    Business: Adv Nikhil Tapal present for the plaintiff.
    Matter is adjd. to 02.02.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-02-2022
    
    Date: 02-02-2022
    Business: None present for the plaintiff.
    Adv Mr.Tiwari for defendant no.1 present.
    Adv.Chandramore for defendant/BMC present.
    Matter is adjd. to 08.04.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-04-2022
    
    Date: 08-04-2022
    Business: Adv. Pawan tiwari present for plaintiff and sought adjournment
    Adv. Chandramore present for defendant 05/MCGM.
    Adv. Priyanka gavkar hf. Adv. Martina sakpal present for deff. no. 07.
    Adv. Bhandari hf adv. Trivedi present for defendant/SRA.
    Matter adjourned for nm hrg. to 22/06/22.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-06-2022
    
    Date: 22-06-2022
    Business: Adv. Rajnish Dubey present for plaintiff and sought adjournment.
    Adv. Pawan Tiwari Hf adv. Haresh pawar present for defendant 01.
    Adv. Trivedi present for defendant 08.
    Adv. Chandramore present for defendant 05/MCGM.
    None present for other defendants.
    Matter adjourned for nm hrg as a last chance to 27/07/22.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-07-2022
    
    Date: 27-07-2022
    Business: None present for plaintiff.
    Adv. Harish Pawar present for defendant 01.
    Adv. Trivedi present for defendant 08.
    Adv. Priyanka gavkar hf. Adv. Martina sakpal present for deff. no.07.
    Adv. Chandramore present for defendant 05/MCGM.
    None present for other defendants and tendered affidavit in reply to the nm no. 4176/2019.
    As plaintiff and his adv. are absent, Matter adjourned for nm hearing/reply to nm no. 389/2020/order to 17/08/22.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-08-2022
    
    Date: 17-08-2022
    Business: None present for plaintiff.
    Adv Trivedi present for defendant no. 08.
    AT 02.45 pm.
    Adv Rajnish Dubey present for plaintiff.
    Adv Redekar present for defendant no. 01
    Heard argument of Adv for defendant no. 01 to 04 and Notice of Motion no. 389/2020.
    FRSR : Following order is passed on Notice of Motion  no. 389/2020.
    ORDER-
    1) Notice of Motion no. 389/2020  is made absolute.
    2) Written Statement of defendant no. 01 to 04 be taken on record if tendered on or before next date.
    3) Notice of Motion  no. 389/2020 is disposed off accordingly.
    Adv for defendant no. 01 to 04 tendered Written Statement of defendant 01 to 04. TOR. Marked as exh-06.
    Matter adjourned for proof of service of writ of summons /No WS order against other defendants to 28.09.22.
    Next Purpose: SERVICE
    Next Hearing Date: 28-09-2022
    
    Date: 28-09-2022
    Business: None present for plaintiff.
    Adv. Priyanka gavkar hf. Adv. Martina sakpal present for deff. no.06 and 07.
    Adv. Trivedi present for defendant/SRA.
    Adv. Chandramore present for defendant 05/MCGM and submitted that reply of defendant no. 05 to nm no. 4176/2019 be treated as WS of defendant no. 05. Hence, reply of defendant no. 05 to nm no. 4176/2019 is treated as WS. t.o.r. marked as Exh. 07.
    It appears that, Inspite of just opportunity, defendants no. 6 to 8 did not filed their WS. Hence, suit be proceeded without WS of defendants no. 06 to 8.
    Matter adjourned for issues to 08/10/22.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 08-10-2022
    
    Date: 08-10-2022
    Business: None present for plaintiff.
    Advocate Bhandari h/f Advocate Trivedi present for defendants/SRA.
    None present for other defendants.
    Matter adjourned for hearing on Notice of Motion no. 4176/2019 to 09.11.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-11-2022
    
    Date: 09-11-2022
    Business: Adv. Shobit shukla present for plaintiff and sought adjournment.
    Adv. Priyanka gavkar hf. Adv. Martina sakpal present for deff. no. 07.
    Adv. Pawan tiwari present for defendant no. 01 to 04.
    Adv. Trivedi present for defendant 08.
    None present for other defendants.
    Matter adjourned for nm hearing to 14/12/22.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-12-2022
    
    Date: 14-12-2022
    Business: None present for plaintiff.
    Adv. Pawan Tiwari present for defendant no 01 to 04.
    Adv. Chandramore present for defendant 05/MCGM.
    Adv. Bhandari hf adv. Trivedi present for defendant 08/SRA.
    None present for other defendants.
    As plaintiff and his adv. are absent, and failed to proceed with nm no. 4176/2019. Matter adjourned for nm dismissal order to 25/01/23.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 25-01-2023
    
    Date: 25-01-2023
    Business: Plaintiff in person present and filed application for adjournment. t.o.r. marked as Exh. 08.
    Order on Exh. 08.
    O- Considering the reason application Exh. 08 is allowed.
    Adv. Absent for plaintiff.
    Adv. Pawant tiwari present for defendant no. 01 to 04.
    Adv. Martina sakpal present for defendant no. 07.
    Adv. Trivedi present for defendant no. 08.
    Adv. Chandramore present for defendant no. 05/MCGM.
    None present for other defendants.
    Matter adjourned for nm hearing/order to 01/03/23.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-03-2023
    
    Date: 01-03-2023
    Business: Court is on leave.
    Adjourned to.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-04-2023
    
    Date: 12-04-2023
    
    Date: 14-06-2023
    Business: Adv. Laina present for plaintiff and She requested for adjournment.
    Adv. Trivedi present for defendant No.8.
    Adv. Priyanka Gaonkar h/f. Adv. Martina Sakpal present for defendant No.7.
    Adv. Chandramore for the defendant/BMC present.
    Matter adjourned for NM Hearing/Order to 09.08.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-08-2023
    
    Date: 09-08-2023
    Business: Plaintiff in-person present.
    Adv. Layana present for plaintiff.
    Adv. Chandramore for defendant /BMC present.
    Adv. Trivedi for defendant No.5/SRA present.
    Matter adjourned for NM Hearing/order to 04.10.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-10-2023
    
    Date: 04-10-2023
    Business: Adv. Layana present for plaintiff and tendered draft notice of motion alongwith affidavit in support. O-Leave granted to register notice of motion.
    Adv. S.C. Khandagale h/f. Adv. Chandramore present for defendant No.5/BMC.
    Adv. Charushila Gorad present for defendant Nos.1 to 4.
    Adv. Krishna Ydav h/f. Adv. Martina Sapkal present for defendant No.7.
    Adv. Trivedi for defendant No.8/SRA present.
    Plaintiff not pressed notice of motion No.4176/2019 filed by him. Hence, following order is passed
    ORDER
    1. Notice of Motion No.4176 of 2019 is disposed off as not pressed
    Nature Of Disposal: DISMISSED
    Disposal Date: 04-10-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 112197/2019
    Filing Date: 11-11-2019
    First Hearing Date: 16th December 2019
    Decision Date: 04th October 2023
    Court Number And Judge: 8-COURT 08 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    04 Oct 2023
    Order Details: Notice of Motion
    Pdf Text: Date
    04.10.2023
    39
    Coram: H.H.J. Shri. V. G. Raghuwanshi, City Civil Court, Mumbai.
    (C.R.08)
    SU 2875/2019
    NM
    4176/2019
    Adv. Layana present for plaintiff and tendered draft notice of motion
    alongwith affidavit in support. O-Leave granted to register notice of
    motion.
    Adv. S.C. Khandagale h/f. Adv. Chandramore present for defendant
    No.5/BMC.
    Adv. Charushila Gorad present for defendant Nos.1 to 4.
    Adv. Krishna Ydav h/f. Adv. Martina Sapkal present for defendant
    No.7.
    Adv. Trivedi for defendant No.8/SRA present.
    Plaintiff not pressed notice of motion No.4176/2019 filed by him.
    Hence, following order is passed:
    ORDER
    1. Notice of Motion No.4176 of 2019 is disposed off as not pressed.
    Matter adjourned for draft NM Service and reply to 29.11.2023.
    Judge
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