SUIT - SHORT CAUSE CIVIL SUIT
Shyra Rohinton MogulVsZubin Rohinton Mogul
CNR MHCC0101174520191-COURT 01 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHER
Decision Date: 16th August 2024
TrustJury record updated 23 Sept 2026
Case Overview
- Registration Number
- 102970/2019
- Registration Date
- 16 Nov 2019
Advocates
1For Petitioner
For Respondent
Not available
Parties
2Petitioner
Respondent
Acts & Sections
1Protection of Women from Domestic Violence Act · Sec 9
Case History / Proceedings
Case History
Date: 04-12-2019 Business: Adv. Mr. Bhadang for plaintiff present. Adv. Mr. Firoz Patel for deft. present. Ld. counsel for the plaintiff seeks time to file rejoinder to the reply of the deft. Ld. counsel for the plaintiff seeks time for extension of service of writ of summons. O. - Granted. The matter is adjd for rejoinder to 15.01.2020. Next Purpose: NM FOR HEARING Next Hearing Date: 15-01-2020 Date: 15-01-2020 Business: Adv.Nankani for plaintiff present. Adv.Mr.Ferange Patel a/w Adv Ankur Kalal for deft. present. Ld. Counsel for the plaintiff filed service affidavit of writ of summons. He also filed affidavit of rejoinder with reply of the defendant to the N/M. Ld. Counsel for the deft submitted that the deft is staying at USA and therefore, seeks 1 month time for filling written statement. O-Granted. The matter is adjd for N/M Hearing and written statement to 17.02.2020. Next Purpose: NM FOR HEARING Next Hearing Date: 17-02-2020 Date: 17-02-2020 Business: Adv. Ashwin Bhadang for plaintiff present. Adv. Niranjan Bhadang for deft. present. Sur-rejoinder filed by deft. T.O.R. Ld. counsel for deft. submitted that the deft. wish to meet his father at the suit premises. Ld. Counsel for plaintiff submitted that the plaintiff has no objection on the same terms and conditions as per order dated 19.11.2019. At this juncture, Ld. Counsel for deft. submitted that the deft. be permitted to meet his father at the suit premises as and when he comes to India with prior notice of 48 hours to the plaintiff. Counsel for plaintiff consented for the same. The deft. can meet his father at suit premises after giving 48 hours prior notice to the plaintiff. Meanwhile, deft. is present today. He wish to meet his father. He is permitted to meet his father today in the evening at about 06.00 pm to 09.00 pm and thereafter, till 23.02.2020 at the same time. Deft. to follow the same conditions as mentioned in the order dated 19.11.2019 during his meeting with his father. The matter is adjd for N/M hearing to 23.03.2020. Next Purpose: NM FOR HEARING Next Hearing Date: 23-03-2020 Date: 23-03-2020 Next Purpose: NM FOR HEARING Next Hearing Date: 01-04-2020 Date: 01-04-2020 Date: 16-04-2020 Business: As per office order no.77/2020 dated 43.5.2020 and due to lock-down, matter is adjourned. Next Purpose: NM FOR HEARING Next Hearing Date: 05-05-2020 Date: 05-05-2020 Business: As per office order no.77/2020 dated 04.05.2020 and due to lock-down, matter is adjourned. Next Purpose: NM FOR HEARING Next Hearing Date: 27-05-2020 Date: 27-05-2020 Business: In view of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pademic by WHO and as per Office Order 78 of 2020, matter adjourned Next Purpose: NM FOR HEARING Next Hearing Date: 12-06-2020 Date: 12-06-2020 Business: In view of declaration of Novel Corona Virus (COVID 19 as Global Pandemic by WHO and Office Order No.83/2020, matter is adjourned. Next Purpose: NM FOR HEARING Next Hearing Date: 25-09-2020 Date: 25-09-2020 Business: Both the parties are absent. Due to Covid-19, the matter is adjourned to 14.12.2020. Next Purpose: NM FOR HEARING Next Hearing Date: 14-12-2020 Date: 14-12-2020 Business: None present. The matter is adjd for N/M hearing to 08.02.2021. L.O. Adv. H.S. Khokawala i/b. Nankani and Associates for plaintiff present. The matter is already adjd for N/M hearing to 08.02.2021. Next Purpose: NM FOR HEARING Next Hearing Date: 08-02-2021 Date: 08-02-2021 Business: Adv. H.S. Khokawala i/b. Nankani and Associates for plaintiff present. Adv. Feroze Patel along with Adv. Pratika Vakil i/b. Markand Gandhi and Co. for deft. present. The matter is adjd for hearing on N/M to 09.03.2021. Next Purpose: NM FOR HEARING Next Hearing Date: 09-03-2021 Date: 09-03-2021 Business: Adv. Khokawala i/b. Nankani and Associates for plaintiff present. Adv. Vakil h/f. Markand Gandhi and Co. for deft. present. Ld. counsel for deft. seeks adjournment as his counsel is detected Covid positive. Granted. The matter is adjd for N/M hearing to 23.04.2021. Next Purpose: NM FOR HEARING Next Hearing Date: 23-04-2021 Date: 23-04-2021 Business: In view of office order no.81/2021 dated 17.04.2021, the matter not being urgent, is adjourned to 02.08.2021. Next Purpose: NM FOR HEARING Next Hearing Date: 02-08-2021 Date: 02-08-2021 Business: Adv. Nankani for plaintiff is present. Adv. Niranjan Bhadang for defendant is present. Perused the pleadings on record. I have gone through the previous order which was passed at the time of ad-interim hearing. Plaintiff herein is real sister of defendant. Both the Ld. Advocates have submitted that as per the previous order the defendant is visiting suit premises for meeting his father. Today the NM fixed for is final hearing. Considering overall circumstances, I am of the opinion that the parties to the suit should attend this Court on next date in the afternoon session. Matter be kept for consideration of ADR and NM hearing. Matter adjd for consideration of ADR and NM hearing on 31.08.2021. Next Purpose: CONSIDERATION Next Hearing Date: 31-08-2021 Date: 31-08-2021 Business: Adv. Nankani for plff is present. Adv. Phiroz Patel for deft is present. It is submitted by Ld. Adv.of both the sides that the settlement talks are in progress and both the parties are ready to explore possibility of settlement. Both of them consented for referring the matter to lok adalat. Parties to the suit to attend the lok adalat on 25.09.2021 at 10.00 a.m. Matter adjd for lok adalat on 25.09.2021. Next Purpose: FOR___________________ Next Hearing Date: 25-09-2021 Date: 25-09-2021 Business: Adv. For Plaintiff present Adv. Pratik Vakil For Defendant present Matter is not settled before Lokadalat. Adjd to. 21.10.2021 for parties to present before regular court. Next Purpose: FOR___________________ Next Hearing Date: 21-10-2021 Date: 21-10-2021 Business: Adv. I. G Nankani for plff present. Adv. Vakil for defendant present. On oral request of adv. of defendant, Matter is adjd to. 29.01.2022for. NM hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 29-01-2022 Date: 29-01-2022 Business: As per Office Order No. \''07 of 2022\'' and \''03 of 2022\'' only urgent matter is to be taken up for hearing therefore matter is adjd to 19/03/2022 for NM for Hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 19-03-2022 Date: 19-03-2022 Business: Adv. I. J. Nankani for plaintiff present. Adv. Aditya kadam for defendant present. On oral request of deft adjd. Matter is adjd to 29/06/2022 for NM hrg. Next Purpose: NM FOR HEARING Next Hearing Date: 29-06-2022 Date: 29-06-2022 Business: As presiding officer is on leave. Hence, matter is adjourned to Next Purpose: NM FOR HEARING Next Hearing Date: 22-08-2022 Date: 22-08-2022 Business: Matter pertains to C.R.No. 1. Adv. H.S. Khokawala for plff. present. Adv. Firoz Patel for Defendant present. He has filed Draft NM. NM. O- Leave granted to register. Copy of draft NM supplied to plff. Matter adjd to 19.10.2022 for Reply on NM Next Purpose: NM REPLYREJOINDER Next Hearing Date: 19-10-2022 Date: 19-10-2022 Business: P.O.is on leave. Matter adjd to Next Purpose: NM REPLYREJOINDER Next Hearing Date: 03-01-2023 Date: 03-01-2023 Business: Adv. Huzefa Khokhawala a/w Adv. Bhakti Jain for plaintiff are present. Adv. Ankur for defendant is present and tendered original registered NM No. 3090/22 a/w affidavit in support of it. T.O.R. Matter adjd to 01.03.2023 for NM reply. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 01-03-2023 Date: 01-03-2023 Business: P.O.is on leave. Matter adjd to Next Purpose: NM REPLYREJOINDER Next Hearing Date: 06-04-2023 Date: 06-04-2023 Business: Adv. Ms. Bhakti Jain i/b Nankani and Associates for plaintiff is present. Adv. Mr. Neer Karia i/b Adv. Makrand Gandhi for defendant is present. On the oral request of Ld. advocate for the plaintiff the matter is adjourned for reply on NM No. 3090/2022. Matter adjd to 20.06.2023 for NM reply and NM hearing. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 20-06-2023 Date: 20-06-2023 Business: P. O. is on leave. Matter adjd to Next Purpose: NM REPLYREJOINDER Next Hearing Date: 02-08-2023 Date: 02-08-2023 Business: Adv. H. S. Khokawala for plaintiff present and tendered affidavit in reply to NM 3090/22. T.O.R Adv. Neela Karia for defendant present. Matter adjd to 12/10/2023 for NM hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 12-10-2023 Date: 12-10-2023 Business: Advocate Mr. H.S. Khokhawala i//b Nankani and associates for plaintiff present. Advocate Mr. Neer Karia i/b Markand Gandhi and Co. for defendant present. On oral request of both the sides, matter is adjourned. Matter stands adjourned on 01.12.2023 for NM hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 01-12-2023 Date: 01-12-2023 Business: Adv. Bhakti Jain for plaintiff is present. Adv. Neer Karia for defendant is present. By consent of both the parties matter is adjourned. Matter adjd to 30.01.2024 for NM hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 30-01-2024 Date: 30-01-2024 Business: P. O is on leave Next Purpose: NM FOR HEARING Next Hearing Date: 07-03-2024 Date: 07-03-2024 Business: Adv. Aryaman Ghag for plaintiff is present. Adv. Neer Karia h/f Markand Gandhi and Co. for defendant is present. Both seek time for settlement of suit. O- Time granted. Matter adjd to 04.04.2024 for settlement. Next Purpose: SETTLEMENT Next Hearing Date: 04-04-2024 Date: 04-04-2024 Business: Adv. Aryaman Ghag for plaintiff is present. Adv. Neer Karia i/b Markand Gandhi and Co. for defendant is present. Both seek time to settle the matter. O- Time granted. Matter adjd to 08.07.2024 for settlement on the request of both advocates. Next Purpose: SETTLEMENT Next Hearing Date: 08-07-2024 Date: 08-07-2024 Business: P. O. is on Leave. Next Purpose: SETTLEMENT Next Hearing Date: 14-08-2024 Date: 14-08-2024 Business: Not on board taken on board by praecipe Exh.3 Adv. H. S. Khokhawala i/b Nankani and Associate for plaintiff is present. Adv. Firoz Patel i/b Markand Gandhi and Associate for defendant is present. Vakalatnama already filed in the suit is marked as Exh.2. On oral request matter is adjourned to 16.08.2024 after the board. Matter adjd to 16.08.2024. Next Purpose: SETTLEMENT Next Hearing Date: 16-08-2024 Date: 16-08-2024 Business: Adv. H. S. Khokhawala i/b Nankani and Associates for plaintiff is present. Adv. Sarmish Gala i/b M/s. Markand Gandhi and Co. for defendant is present. Plaintiff and defendant both present and tendered consent terms. They are duly identified by respective advocates before the court. Plaintiff and defendant admitted the terms of consent terms were read over to them. The present suit is for decree of injunction. The consent terms are beyond the subject matter of suit. The Ld. Adv. for plaintiff and defendant made statement that consent terms may be taken on record and suit be disposed off in terms of consent terms without passing decree. Statement is recorded. The consent terms are taken on record and marked Exh.4. Suit is disposed off in terms of consent terms Exh.4 with no order as to costs. Bill of costs be prepared. Notice of motion no.3090/2022 and 3817/2019 disposed off in terms of Exh.4. Nature Of Disposal: OTHER Disposal Date: 16-08-2024
Additional Case Details
Additional Case Details
Filing Number: 110997/2019 Filing Date: 09-10-2019 First Hearing Date: 04th December 2019 Decision Date: 16th August 2024 Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE
Orders
1Final Order 116 Aug 2024
16 Aug 2024
Order Details: Other Pdf Text: 62 16.08.2024 SU 2970/19 NM 3090/22 NM 3817/19 Exh.4 CORAM : HIS HONOUR JUDGE SHRI R. R. PATARE (C.R.NO.1) Adv. H. S. Khokhawala i/b Nankani and Associates for plaintiff is present. Adv. Sarmish Gala i/b M/s. Markand Gandhi and Co. for defendant is present. Plaintiff and defendant both present and tendered consent terms. They are duly identified by respective advocates before the court. Plaintiff and defendant admitted the terms of consent terms were read over to them. The present suit is for decree of injunction. The consent terms are beyond the subject matter of suit. The Ld. Adv. for plaintiff and defendant made statement that consent terms may be taken on record and suit be disposed off in terms of consent terms without passing decree. Statement is recorded. The consent terms are taken on record and marked Exh.4. Suit is disposed off in terms of consent terms Exh.4 with no order as to costs. Bill of costs be prepared. Notice of motion no.3090/2022 and 3817/2019 disposed off in terms of Exh.4. Judge -- 1 of 1 --
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