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NOTICE OF MOTION

Bismilla Ali Asgar BhanpurwalaVsMinhaj Siraj Ahmed and Ors.

CNR MHCC0101229120192-COURT 02 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 29th November 2021

TrustJury record updated 24 Sept 2026

Case Overview

Registration Number
104505/2019
Registration Date
28 Nov 2019

Advocates

2

For Petitioner

Parties

2

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec 9

Case History / Proceedings

Case History
Date: 28-11-2019
Business: None present for plaintiff.
Adv.Gautam Jain for defendant no 9 to 11 present.
He tendered register NM 4505/19. t.o.r.
Adv. Uniyal for defendant no 1 to 6 present.
Copy of NM be served upon plaintiff.
Heard adv. Uniyal  in relation to Chamber summons no 1846/17. Adjourned in the interest of justice for hearing of plaintiff on Chamber summons.
Adjourned for service of NM 4505/19 to 10.12.2019
Next Purpose: SERVICE
Next Hearing Date: 10-12-2019

Date: 10-12-2019
Business: None present for plaintiff.
Adv. Mangale for defendant no 1 to 6 present.
Service report not filed.
Adjourned for service report to 13.01.2020
Next Purpose: SERVICE
Next Hearing Date: 13-01-2020

Date: 13-01-2020
Business: As PO is on Leave
Next Purpose: SERVICE
Next Hearing Date: 06-02-2020

Date: 06-02-2020
Business: Plff present and her Adv absent.
Adv Sweedal Karkada for deft no. 1 to 6 present.
Adv Gautam Jain for deft no. 9 to 11 present.
He filed affidavit of service. t.o.r.
Plff seeks time for CS hearing.  Granted.
Matter stands Adj for CS hearing to 29/02/2020.
Next Purpose: C/S  HEARING
Next Hearing Date: 29-02-2020

Date: 29-02-2020
Business: Adv. Mangale for defendant nos.1 to 6 is present.
Adv. Ashok Garje for defendant nos.9 to 11 is present.
Plaintiff advocate absent.
Matter stands Adj for hearing  on 21.03.2020.
Next Purpose: C/S  HEARING
Next Hearing Date: 21-03-2020

Date: 21-03-2020
Business: None present.
Matter stands Adj for Chs. Hearing to 21.04.2020
Next Purpose: C/S  HEARING
Next Hearing Date: 21-04-2020

Date: 21-03-2020
Business: None present.
Matter stands Adj for Chs. Hearing to 21.04.2020
Next Purpose: C/S  HEARING
Next Hearing Date: 21-04-2020

Date: 21-03-2020
Business: None present.
Matter stands Adj for Chs. Hearing to 21.04.2020
Next Purpose: C/S  HEARING
Next Hearing Date: 21-04-2020

Date: 21-03-2020
Business: None present.
Matter stands Adj for Chs. Hearing to 21.04.2020
Next Purpose: C/S  HEARING
Next Hearing Date: 21-04-2020

Date: 21-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S  HEARING
Next Hearing Date: 12-05-2020

Date: 21-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S  HEARING
Next Hearing Date: 12-05-2020

Date: 21-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S  HEARING
Next Hearing Date: 12-05-2020

Date: 21-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S  HEARING
Next Hearing Date: 12-05-2020

Date: 12-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S  HEARING
Next Hearing Date: 01-06-2020

Date: 12-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S  HEARING
Next Hearing Date: 01-06-2020

Date: 12-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S  HEARING
Next Hearing Date: 01-06-2020

Date: 12-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S  HEARING
Next Hearing Date: 01-06-2020

Date: 01-06-2020
Business: National Lockdown
Next Purpose: C/S  HEARING
Next Hearing Date: 18-06-2020

Date: 01-06-2020
Business: National Lockdown
Next Purpose: C/S  HEARING
Next Hearing Date: 18-06-2020

Date: 01-06-2020
Business: National Lockdown
Next Purpose: C/S  HEARING
Next Hearing Date: 18-06-2020

Date: 01-06-2020
Business: National Lockdown
Next Purpose: C/S  HEARING
Next Hearing Date: 18-06-2020

Date: 18-06-2020
Next Purpose: C/S  HEARING
Next Hearing Date: 22-09-2020

Date: 22-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S  HEARING
Next Hearing Date: 11-11-2020

Date: 22-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S  HEARING
Next Hearing Date: 11-11-2020

Date: 22-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S  HEARING
Next Hearing Date: 11-11-2020

Date: 11-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S  HEARING
Next Hearing Date: 07-01-2021

Date: 11-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S  HEARING
Next Hearing Date: 07-01-2021

Date: 11-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S  HEARING
Next Hearing Date: 07-01-2021

Date: 11-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S  HEARING
Next Hearing Date: 07-01-2021

Date: 07-01-2021
Business: Adv.Ms. Sweedal Karkada  for defendant nos.1 to 6 present.
Adv. Govind B. Solanke for plaintiff present.
Adv. for plaintiff tendered registered CS 152/2020 .
Matter stands Adj for rejoinder to 20.02.2021
Next Purpose: REJOINDER
Next Hearing Date: 20-02-2021

Date: 07-01-2021
Business: Adv.Ms. Sweedal Karkada  for defendant nos.1 to 6 present.
Adjd. to 20.02.2021 for C/S hearing.
L.O.
Adv.Ashok Garje for defendant no.9 to 11 present and tendered written statement defendant no.9 to 11 on record.
Defendant no.9 present.
Matter is already Adjd. to 20.02.2021 for C/S hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 20-02-2021

Date: 20-02-2021
Business: None for plff.
Adv Mangle for deft 1 to 6 present.
Inadvertently, clerical mistake appears in the last roznama that original Chs. no. 152/2020 is filed in this suit but it is belonging to the Suit No. 1567/19. It be corrected accordingly.
Matter stands Adj for hearing on 26.03.2021
Next Purpose: C/S  HEARING
Next Hearing Date: 26-03-2021

Date: 26-03-2021
Business: None for plff.
Adv Mandle for deft no. 1 to 6 present.
Matter stands Adj for CS Hearing to 12/04/2021.
Next Purpose: C/S  HEARING
Next Hearing Date: 12-04-2021

Date: 12-04-2021
Business: As Holiday declared as per office order 78/2021. Due to covid matter adjourned.
Next Purpose: C/S  HEARING
Next Hearing Date: 28-06-2021

Date: 12-04-2021
Business: As Holiday declared as per office order 78/2021. Due to covid matter adjourned.
Next Purpose: C/S  HEARING
Next Hearing Date: 28-06-2021

Date: 12-04-2021
Business: As Holiday declared as per office order 78/2021. Due to covid matter adjourned.
Next Purpose: C/S  HEARING
Next Hearing Date: 28-06-2021

Date: 12-04-2021
Business: As Holiday declared as per office order 78/2021. Due to covid matter adjourned.
Next Purpose: C/S  HEARING
Next Hearing Date: 28-06-2021

Date: 28-06-2021
Business: Due to Covid-19 matter adjourned.
Next Purpose: C/S  HEARING
Next Hearing Date: 10-08-2021

Date: 10-08-2021
Business: Plff present.
Adv Mangle for deft no. 1 to 6 present.
Adv Jain for deft no. 9 to 11 present.
Adv Heena Faruki appeared for plff.
Exh 14 - She filed VP for plff. t.o.r.
Matter stands Adj for CS Hearing to 03/09/2021.
Next Purpose: C/S  HEARING
Next Hearing Date: 03-09-2021

Date: 03-09-2021
Business: Adv Heera Farooqui for plff present.
She seeks time for CS Hearing.  Granted.
Adv Govind Solanki, earlier Adv for the plff present and he sought discharge from the case on the ground that plff engaged new Adv.  Adv Govind Solanki is discharged from appearing from behalf of plff.
Adv Pritesh Parmar for deft no. 1 to 6 present.
Adv Gautam Jain for deft no. 9 to 11 present.
Matter stands Adj for CS Hearing to 08/10/2021.
Next Purpose: C/S  HEARING
Next Hearing Date: 08-10-2021

Date: 08-10-2021
Business: Adv Rahul Raut for plff present.
Adv Abhijeet Khairwal for respondent no. 1 to 6 present.
He seeks time for NM Hearing.  Granted.
Matter stands Adj for Hearing on NM 3119/2021 to 29/11/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-11-2021

Date: 29-11-2021
Business: Adv Rahul Raut for plff present.
Adv Mangle for deft no. 1 to 6 present.
Adv Jain for deft no. 9 to 11 present.
Heard Adv for plff and deft no. 1 to 6 on NM 3119/20219. It is for setting aside no reply order dated 29/07/2019 to CS 1846/2017 filed by deft no. 1 to 6.  Adv for deft no. 1 to 6 orally submitted that he has no objection to allow NM. Hence Notice of motion 3119/2019 is allowed and disposed of.
Accordingly reply of plff to CS 1846/2017 is t.o.r.
Heard Adv for plff and deft no. 9 to 11 on NM 4505/2019. It is for treating reply of deft no. 9 to 11 as written statement of deft no. 9 to 11 as well as for condoning the delay in filing written statement of deft no. 9 to 11.  It is not in dispute that deft no. 9 to 11 is contesting the suit and they have filed reply to NM of plff.  However reply being not the pleadings as per O-7 of the CPC.  Hence reply cannot be treated as written statement of deft no. 9 to 11.
However by way of prayer clause (b) of present notice of motion, deft no. 9 to 11 are seeking permission to file their written statement on the record.  On 07/01/2021, deft no. 9 to 11 filed their written statement on the record, but since it was beyond the period of limitation not exhibited.
Considering the fact that deft no. 9 to 11 are contesting defts and they have filed reply to NM of plff, suit is for partition hence fair opportunity needs to be given to deft no. 9 to 11 to decide the suit on merits.  So far as delay in filing written statement is concerned, plff can be reasonably compensated in terms of money.
Hence Notice of motion 4505/2019 is allowed in terms of prayer clause (b) of notice of motion subject to cost of Rs. 3,000/- to be paid to plff before next date.
After payment of cost, written statement of deft no. 9 to 11 be taken on record and mark as exhibit.
Nature Of Disposal: ALLOWED
Disposal Date: 29-11-2021

Additional Case Details

Additional Case Details
Filing Number: 113128/2019
Filing Date: 28-11-2019
First Hearing Date: 28th November 2019
Decision Date: 29th November 2021
Court Number And Judge: 2-COURT 02 ADDL SESSIONS JUDGE

Orders

1
Final Order 1Full order available
29 Nov 2021

Order Details: Notice of Motion Pdf Text: 29.11.2021 23 CORAM : HIS HONOUR JUDGE SHRI. S. T. SOOR (C. R. No. 2) SU 1295/2017 @ NM 3119/19 @ NM 4505/19 @ CS 1846/17 Adv Rahul Raut for plff present. Adv Mangle for deft no. 1 to 6 present. Adv Jain for deft no. 9 to 11 present. Heard Adv for plff and deft no. 1 to 6 on NM 3119/20219. It is for setting aside no reply order dated 29/07/2019…

Read Full Order

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