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NOTICE OF MOTION

Smt. Rahibai Keshav KhandagaleVsSmt. Housabai Shravan Pandit and Ors.

CNR MHCC0101254920199-COURT 09 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHER
Decision Date: 19th March 2022

TrustJury record updated 24 Sept 2026

Case Overview

Registration Number
104579/2019
Registration Date
03 Dec 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: 07-01-2020
    Business: Plaintiff is present. Adv. is absent. She tendered Original registered N/M No.4579/2019 along with affidavit in support.
    Adv. Sandeep Salavi  for defendant no. 1 to 3 is present. He seeks time for tendering NM reply. O-Granted as a last chance.
    Matter is adjd.  for NM reply  to 24/01/2020 .
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 24-01-2020
    
    Date: 24-01-2020
    Business: Adv. Mohit Darji for Plaintiff is present.
    Adv. Pratik Patil h/f Adv. Sandeep Salavi for defendant no.3 is present. He seeks time for N/M reply. O granted subject to cost of Rs. 200/- to plaintiff.
    Matter is adjd.  for N/M reply/cost to 21/03/2020.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 21-03-2020
    
    Date: 21-03-2020
    Business: Due to direction to combat Corona Virus, board is discharged, as
    only urgent matters are taken up.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-08-2020
    
    Date: 17-08-2020
    Business: Adjd. to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 15-12-2020
    
    Date: 15-12-2020
    Business: Adv Mohit Darji present for the plaintiff.
    None present for the defendant.
    Matter is adjd. to 18.01.2021 NM reply
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 18-01-2021
    
    Date: 18-01-2021
    Business: Both the parties and their advocates are absent.
    Matter is adjd. to 01/04/2021 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 01-04-2021
    
    Date: 01-04-2021
    Business: Due to SOP only urgent matter  are taken up. Hence, the Board is
    discharged.
    Matter is adjd. to 22/06/2021  for NM rejoinder.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 22-06-2021
    
    Date: 22-06-2021
    Business: Due to COVID-19 pandemic.
    Matter is adjourned.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 29-07-2021
    
    Date: 29-07-2021
    Business: Due to COVID-19 pandemic.
    Matter is adjourned.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-09-2021
    
    Date: 17-09-2021
    Business: Adv.O.R.Tiwari for plaintiff.
    Adv. Subhedar for defendant no.4 and 5.
    The advocate of plaintiff submitted that no reply and No WS order be passed against defendants. The defendant no.4 and 5 requested time but not tendered any application therefore suit to proceed without reply on NM and without WS against all defendants.
    Matter adjourned for No WS hearing and NM to.11.11.2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-11-2021
    
    Date: 11-11-2021
    Business: Court is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-01-2022
    
    Date: 05-01-2022
    Business: Court is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-02-2022
    
    Date: 24-02-2022
    Business: Adv Mr.O.R.Tiwari for plaintiff present
    Adv Subhedar for MMRDA/ defendant nos.4 and 5 present.
    Ld advocate for defendant nos.4 and 5 seeks time to argue the matter.
    Adjourned at the request for the Ld advocate for the defendant nos.4 and 5
    Matter is adjd. to 07.03.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-03-2022
    
    Date: 07-03-2022
    Business: Adv. O.R. Tiwari for Plff. present.
    Adv. Subhedar for Deft. No. 4 and 5 present and filed list of documents. TOR. Copies are served upon Plff.
    None present for remaining Defendants.
    KB
    LO 4.45 PM
    Adv. O.R. Tiwari for Plff. present.
    Adv. Subhedar for Deft. No. 4 and 5 present.
    Heard Ld. Adv. for Plff. and Deft. Nos. 4 and 5 on N/m 4579/19. None present for Deft. Nos. 1 to 3. Hence their argument on N/m 4579/19 is closed.
    Matter is adjd. to 14-03-2022 for order N/m no. 4579/19.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 14-03-2022
    
    Date: 14-03-2022
    Business: Adv. Subhedar for MMRDA present.
    Matter is adjd. to 19-03-2022
    Next Purpose: NM  ORDERS
    Next Hearing Date: 19-03-2022
    
    Date: 19-03-2022
    Business: Son of plaintiff Sheshrao Khandagale in person present.
    Adv. Mohit Darji h/f Adv. O.R. Tiwari for plaintiff present.
    None present for the defendants.
    F.R.S.R. following order passed on Notice of motion no. 4579/19
    			ORDER
    1. 	The Notice of Motion no. 4579 of 2019 is partly allowed.
    2.	Defendant nos. 1 to 3, their servants, agents or any one on their behalf are hereby temporarily restrained from ousting the plaintiff from the suit property  till final disposal of this suit.
    3.	Defendant nos. 1 to 3 are hereby further temporarily restrained from parting with the possession of the suit property in favour of third person till final disposal of this suit.
    4.	Defendant nos. 1 to 3 Are hereby further restrained from creating any third party interest in the suit property till final disposal of this suit.
    5.	Rest of the prayers in the Notice of Motion are rejected.
    6.	Cost of this Notice of Motion will follow in main cause.
    7.	Notice of Motion no. 4579 of 2019 is disposed of accordingly.
    Matter is adjd. to 20-06-2022
    Nature Of Disposal: OTHER
    Disposal Date: 19-03-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 113404/2019
    Filing Date: 03-12-2019
    First Hearing Date: 07th January 2020
    Decision Date: 19th March 2022
    Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    19 Mar 2022

    Order Details: Notice of Motion Pdf Text: 1 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY NOTICE OF MOTION NO. 4579 OF 2019 (CNR No. MHCC01-012549-2019) IN S.C. SUIT NO. 2237 OF 2019 Smt. Rahibai Keshav Khandagale ] Aged :66 years, Occ: Household, ] Hindu Adult, Indian Inhabitant of Mumbai ] Presently Residing at Flat No. 624, ] Building No. K-8, New Amrapali, ] Co-operative Housing Society Ltd. ] M.M.R.D.A Vasahat, Kanjur Marg, ] Mumbai- 400 078. ]..Plaintiff. V/s. 1.…

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