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NOTICE OF MOTION

Murlidhar Govind KhaireVsDeveloperAvarsekar and Sons Pvt. Ltd. +2 more

CNR MHCC0101257020199-COURT 09 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 18th December 2023

TrustJury record updated 24 Sept 2026

Case Overview

Registration Number
104572/2019
Registration Date
03 Dec 2019

Advocates

2

For Petitioner

For Respondent

Parties

4

Petitioner

  1. 1Murlidhar Govind Khaire

Respondent

  1. 1DeveloperAvarsekar and Sons Pvt. Ltd.
  2. 2Mumbai Building Repair and Reconstruction
  3. 3MHADA And Anr

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec 9

Case History / Proceedings

Case History
Date: 05-02-2020
Business: Adv. Tanmay Sawant for Plaintiff is present.
Adv. R. G. Modi for defendant no.1 is present. She filed Original registered N/M No. 4572/2019 along with affidavit in support  t.o.r.  and seeks longer date.
Matter is adjd.  for N/M reply to  04/04/2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-04-2020

Date: 04-04-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-04-2020

Date: 27-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-05-2020

Date: 18-05-2020
Business: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-05-2020

Date: 30-05-2020
Business: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-06-2020

Date: 17-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-11-2020

Date: 09-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-02-2021

Date: 24-02-2021
Business: Matter is adjd. to 27.04.2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-04-2021

Date: 27-04-2021
Business: due to covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-06-2021

Date: 30-06-2021
Business: Due to COVID-19 pandemic.
Matte is adjourned.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-08-2021

Date: 11-08-2021
Business: Plaintiff is present.
Advocate for the plaintiff absent.
Adv. Satamkar h/f Adv. Mr. Kandekar for the defendants No.2 and 3 present.
Plaintiff has failed to file reply to NM. Hence, the NM to proceed without reply against plaintiff.
Matter is adjd. to 12/10/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-10-2021

Date: 12-10-2021
Business: Plaintiff is present. His advocate is absent.
Adv. Mr. Pathak h/f Adv. Mr. Kandekar for the defendant/MHADA present.
Matter is adjd. to 15/12/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-12-2021

Date: 15-12-2021
Business: Court is on Leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-02-2022

Date: 10-02-2022
Business: Due to SOP only urgent matters are taken up.
Matter is adjd. To 05.04.2022 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-04-2022

Date: 05-04-2022
Business: None present for the parties.
Matter is adjd. to 05-07-2022 for N/m hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-07-2022

Date: 05-07-2022
Business: Plaintiff in person present.
None present for defendant.
Matter is adjd. 06-09-2022 for  N/m hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-09-2022

Date: 06-09-2022
Business: Plaintiff present his advocate not present and seeking time. Time granted.
Adv Pathak H/f Adv Kandekar present for MHADA
Matter is adjd. to 16.11.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-11-2022

Date: 16-11-2022
Business: As Court is on leave. Hence, board is discharged and matter adjd. to
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-01-2023

Date: 04-01-2023
Business: Mr. Khaire plaintiff in person present.
Adv. Shivraj Kamble for plaintiff present.
Adv. Harshida Darji h/f Adv. Kandekar for defendant 2 and 3/MHADA present.
Matter is adjourned to 14.02.2023 for Notice of Motion hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-02-2023

Date: 14-02-2023
Business: As Court is busy in High Court Time Bound matter i.e. Suit No. 833/2015.  Hence, Board is discharged.
Matter is adjourned to 29.03.2023 for Notice of Motion hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-03-2023

Date: 29-03-2023
Business: Adv. Ashwin Bansod for plaintiff present.
Adv. Kandekar for defendant Nos. 2 and 3/MHADA present.
As Court is busy in Supreme Court Time Bound Matter i.e. 1404/2017. Hence, Matter is adjourned to 22.06.2023 for Notice of Motion hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-06-2023

Date: 22-06-2023
Business: Adv. Mr. Ashvin Bansod h/f Adv. Kode for the plaintiff is present.
None present for defendant No. 1.
Adv. Ms. Pushpa Thapa h/f Adv. Kandekar for defendant Nos. 2 and 3/MHADA is present.
Adjourned for NM hearing to 21.08.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-08-2023

Date: 21-08-2023
Business: The plaintiff is present.
Adv. Mr. Ashvin Bansod h/f Adv. Kode for the plaintiff is present.
None present for defendant No. 1
Adv. Ms. Harshida Darji h/f Adv. Kandekar for defendant Nos. 2 and 3/MHADA is present.
Matter is adjourned to 27.10.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-10-2023

Date: 27-10-2023
Business: Adv. Mr. Ashwin Bansod for the plaintiff is present and filed VP. TOR. It is marked at Exh. 08. O- Filed.
Adv. Ms. Kandekar for defendant Nos. 2 and 3/MHADA is present.
Adv. for the plaintiff filed the application for dismissal of NM No. 4572/2019 taken out by defendant No. 1. TOR. It is marked at Exh.09. O- Other side to say.
Matter is adjourned to 18.12.2023 for Say on exhibit 09.
Next Purpose: REPLY
Next Hearing Date: 18-12-2023

Date: 18-12-2023
Business: The plaintiff is present.
Adv. Ms. Rasika Puralkar h/f Adv. Kode for the plaintiff is present.
None present for the defendant.
It appears from the record that defendant No. 1 has taken NM No. 4572/2019 for condonation of delay in filing WS which is pending for hearing. However, defendant No. 1 is not appearing and proceeding with the NM hearing. Hence, plaintiff has also filed the application vide exhibit 09 for dismissal of NM. It appears that defendant No. 1 is not interested and proceeding with the NM. Hence, NM No. 4572/2019 stands dismissed for want of prosecution and Exhibit 09 stands disposed of accordingly.
Matter is adjourned to 09.02.2024 for R/E.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 18-12-2023

Additional Case Details

Additional Case Details
Filing Number: 113365/2019
Filing Date: 03-12-2019
First Hearing Date: 05th February 2020
Decision Date: 18th December 2023
Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE

Orders

1
Final Order 1
18 Dec 2023
Order Details: Other
Pdf Text: 18.12.2023
Sr. No. 101
CORAM: H.H.J. SHRI. V.V. PATIL (C.R. NO.09)
SU 956/15
NM 4572/19
The plaintiff is present.
Adv. Ms. Rasika Puralkar h/f Adv. Kode for the plaintiff is present.
None present for the defendant.
It appears from the record that defendant No. 1 has taken NM No.
4572/2019 for condonation of delay in filing WS which is pending
for hearing. However, defendant No. 1 is not appearing and
proceeding with the NM hearing. Hence, plaintiff has also filed the
application vide exhibit 09 for dismissal of NM. It appears that
defendant No. 1 is not interested and proceeding with the NM.
Hence, NM No. 4572/2019 stands dismissed for want of
prosecution and Exhibit 09 stands disposed of accordingly.
Matter is adjourned to 09.02.2024 for R/E.
Judge
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