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NOTICE OF MOTION

Mr. Ghanshyam Naik and Anr.VsMr. Vilas Chandrakant Gaokar and Anr.

CNR MHCC0101231520199-COURT 09 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 04th May 2022

TrustJury record updated 24 Sept 2026

Case Overview

Registration Number
104499/2019
Registration Date
28 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: 15-01-2020
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 12-03-2020
    
    Date: 12-03-2020
    Reason For Adjournment: court time is over
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 21-03-2020
    
    Date: 21-03-2020
    Reason For Adjournment: court time is over
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 27-08-2020
    
    Date: 27-08-2020
    Business: National Lock Down
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 28-10-2020
    
    Date: 28-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 16-02-2021
    
    Date: 16-02-2021
    Business: Adv Rajeev Matkar for plaintiff
    Adv Pathak for defendant No.2/ MHADA.
    Last chance is granted for reply to NM hearing.
    Matter is adjd. to 04.03.2021 for reply to NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-03-2021
    
    Date: 04-03-2021
    Business: Adv. Pallavi Patel h/f Adv. Mr. Raju for the plaintiff
    None for defendant No.1.
    Adv. Mr. Pathak h/f Adv. Mr. Kandekar for the defendant No.2.
    Last chance is granted to defendants for filing reply.
    Matter is adjd. to 19/04/2021 for NM reply.
    Next Purpose: REPLY
    Next Hearing Date: 19-04-2021
    
    Date: 19-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPLY
    Next Hearing Date: 14-07-2021
    
    Date: 14-07-2021
    Business: Due to COIVD-19 pandemic.
    Next Purpose: REPLY
    Next Hearing Date: 09-09-2021
    
    Date: 09-09-2021
    Business: Court is on leave.
    Next Purpose: REPLY
    Next Hearing Date: 29-11-2021
    
    Date: 29-11-2021
    Business: As Court is busy in hearing argument in SU 2173/21 of NM 2809/21. Hence, board is discharged.
    Matter is adjd. to 28.01.2022 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 28-01-2022
    
    Date: 28-01-2022
    Business: Adv Mr.Matkar for plaintiff present.
    None present for the defendant.
    Matter is adjd. to 24.02.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-02-2022
    
    Date: 24-02-2022
    Business: Adv Rajeev Matkar for plaintiff present.
    None present for the defendant.
    KB
    LO
    Same appearance.
    Matter is adjd. to 03.03.2022 NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-03-2022
    
    Date: 03-03-2022
    Business: Adv. Mr. Rajeev Matkar for plaintiff present.
    None present for defendants.
    K.B. LO at 3.30 pm.
    Adv. Mr. Pathak h/f adv. Kandekar for defendant present.
    Heard arguments on Notice of Motion No.4499 of 2019 for the plaintiff and Defendant MHADA. Other Defendants are absent.  Service affidavit is filed on record. Hence, arguments on behalf of the other defendants are closed.
    Matter is adjd. to 10.03.2022 for order on Notice of Motion No.4499/2019
    Next Purpose: NM  ORDERS
    Next Hearing Date: 10-03-2022
    
    Date: 10-03-2022
    Business: None for the parties.
    Matter is adjd. to 17-03-2022 for order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 17-03-2022
    
    Date: 17-03-2022
    Business: Adv. Ankita Manjrekar h/f Adv. Rajiv Matkar for plaintiff present.
    Adv. Kandekar for MHADA/Deft. No. 2 present.
    As Court is busy in other matters.
    Matter is adjd. to 24-03-2022 for order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 24-03-2022
    
    Date: 24-03-2022
    Business: None present for Plaintiff
    Adv. Pathak h/f Adv. Kandekar for MHADA present..
    Matter is adjd. to 05-04-2022 for N/m order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 05-04-2022
    
    Date: 05-04-2022
    Business: Adv. Chitra Bhrade for plaintiff present.
    Adv. Pathak h/f adv. Kandekar present.
    Adv. Chandramore for  BMC present.
    As Court is busy in hearing N/m 3158/21 in SU 2303/21.
    Matter is adjd. to 13-04-2022 for N/m order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 13-04-2022
    
    Date: 13-04-2022
    Business: court is on leave
    Next Purpose: NM  ORDERS
    Next Hearing Date: 22-04-2022
    
    Date: 13-04-2022
    Business: court is on leave
    Next Purpose: NM  ORDERS
    Next Hearing Date: 22-04-2022
    
    Date: 22-04-2022
    Business: Court is busy in other matter on board.
    Matter is adjd. to 28-04-2022.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 28-04-2022
    
    Date: 28-04-2022
    Business: Adv. Chitra Gurade for plaintiff present.
    Adv. Pathak h/f adv. Kandekar for MHADA present.
    As Court is busy in other matters on board.
    Matter is adjd. to 04-05-2022
    Next Purpose: NM  ORDERS
    Next Hearing Date: 04-05-2022
    
    Date: 28-04-2022
    Business: Adv. Chitra Gurade for plaintiff present.
    Adv. Pathak h/f adv. Kandekar for MHADA present.
    As Court is busy in other matters on board.
    Matter is adjd. to 04-05-2022
    Next Purpose: NM  ORDERS
    Next Hearing Date: 04-05-2022
    
    Date: 04-05-2022
    Business: Adv.Pathak h/f Adv.Kandekar for MHADA is present.
    KB
    F.R.S.R the following order is passed.
      O R D E R
    1. 	Notice of Motion No.  4499 of 2019 is partly allowed.
    2.	Defendant No. 1, his servants, agents or any one on their behalf are hereby temporarily restrained from further selling or executing any document in respect of or transferring or encumbering or creating any third party interest in the suit property i.e.  Flat No. 1201, admeasuring about 1200 Sq.Ft. carpet area on the 12th floor of the ‘Samarth Hights’ building  constructed in the place of R.K.Building Nos. 1 and 2 (since demolished) located at the freehold land admeasuring about 1131.48 Sq. Yards or 946 Sq. Mtrs. situated at Ranade Road Gokhale Road Junction, Dadar (West), Mumbai-400028 bearing C.S.No.1646 and 1/1646 of Mahim Division and bearing Final Plot No. 217, TPS-IV of Mahim Division till final disposal of this suit.
    3. Remaining reliefs claimed in the Notice of Motion are rejected.
    4.  Cost of this Notice of Motion will follow in main cause.
    5. Notice of Motion No. 4499 of 2019 is disposed of accordingly.
    Matter is adjd. to 20.07.2022.
    Nature Of Disposal: ALLOWED
    Disposal Date: 04-05-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 113104/2019
    Filing Date: 28-11-2019
    First Hearing Date: 15th January 2020
    Decision Date: 04th May 2022
    Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    04 May 2022

    Order Details: Notice of Motion Pdf Text: 1 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY NOTICE OF MOTION NO. 4499 OF 2019 IN SUIT NO. 2729 OF 2019 1. Mr. Ghanshyam Naik ] and another. ]..plaintiffs. V/s. 1. Mr. Vilas Chandrakant ] Gaokar and other. ]..Defendants. Advocate Mr. Rajeev Matkar for the plaintiffs. Advocate Mr. Pathak h/f Advocate Mr. Kandekar for defendant No.2. None present for defendant No.1. CORAM : HIS HONOUR JUDGE SHRI VIDYADHAR B. KAKATKAR (C.R.No.09). DATE…

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