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NOTICE OF MOTION

Sudhakar Damodar WorlikarVsPravin Dharmaraj Worlikar

CNR MHCC01012594201962-COURT 62 AD-HOC ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 14th September 2022

TrustJury record updated 24 Sept 2026

Case Overview

Registration Number
104592/2019
Registration Date
04 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: 04-12-2019
    Reason For Adjournment: court time is over
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 10-12-2019
    
    Date: 10-12-2019
    Business: None present for Plaintiff.
    Advocate Ms. Sana Khan for Defendants present and filed Written Statement, t.o.r.  Defendants are directed to serve copy of Written Statement upon Plaintiff. She also filed affidavit in reply to NM no.4592/19, t.o.r.
    Defendants are directed to serve copy of NM reply upon Plaintiff.
    Case is adjourned to 06/03/2020 for NM hearing.
    L.O.
    Advocate Mr. U. V. Singh for Plaintiff present.
    Advocate Ms. Sana Khan for Defendant present and filed compilation of documents in support of Notice of Motion, t.o.r.
    Earlier order dated 04/12/2019 to continue till next date.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-03-2020
    
    Date: 06-03-2020
    Business: PO IS ON LEAVE. EOC
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-07-2020
    
    Date: 02-07-2020
    Business: Matter is adjourned to 03.09.2020 due to Covid-19.
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-09-2020
    
    Date: 02-07-2020
    Business: Matter is adjourned to 03.09.2020 due to Covid-19.
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-09-2020
    
    Date: 03-09-2020
    Business: Due to covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-11-2020
    
    Date: 23-11-2020
    Business: None present for Plaintiffs.
    None present for Defendants.
    It seems that due to Corona pandemic, parties are absent, hence case is adjourned to 11/12/2020 for NM Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-12-2020
    
    Date: 11-12-2020
    Business: Advocate Mr. U. V. Singh h/f Adv. Anil Mishra for plaintiff present.
    None present for Defendants.
    Earlier order to continue till next date.
    It seems that due to Corona pandemic, parties are absent, hence case is adjourned to 25/02/2021 for Notice of Motion hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-02-2021
    
    Date: 25-02-2021
    Business: Adv Mr. U.V. Singh h/f aDv Mr. Mishra for plff present and seeks time to file rejoinder.
    None present for deft. hence adjournment is granted.
    Matter is adjd. for rejoinder and NM hearing to 26.04.2021.
    Earlier order if any, to continue till next date.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-04-2021
    
    Date: 26-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-07-2021
    
    Date: 26-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-07-2021
    
    Date: 29-07-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-10-2021
    
    Date: 29-07-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-10-2021
    
    Date: 13-10-2021
    Business: Adv Mr. Mishra present for plff.
    Adv Mr. Ravindra Singh present for deft.
    Adv. for plff seeks time to file rejoinder. Adv for deft has no objection.
    By consent, matter is adjd. for filing rejoinder and NM hearing to 07.12.2021.
    Earlier interim order, if any, to continue till next date.
    Next Purpose: REJOINDER
    Next Hearing Date: 07-12-2021
    
    Date: 07-12-2021
    Business: Adv Mr. Yadav h/f Adv Mr. Mishra present for plff.  and filed affidavit in rejoinder in NM No.4592/2019.
    Adv Ms. Sana Khan  present for deft.
    Copy of rejoinder served on the adv. for deft.
    By consent, matter is adjd. for NM hearing to 11.02.2022.
    Earlier interim order, if any, to continue till next date.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-01-2022
    
    Date: 25-01-2022
    Business: By Precipe:
    Adv. Neha Pandey h/f Adv. Sarogi for Defendants present and filed draft notice of motion along with affidavit in support for seeking permission to carry out tenanatable repairs in suit premises.
    O-Leave to register is granted with direction to serve the otherside.
    Already adjd  to 11/02/2022 for NM Reply.
                                                                   Judge
    L.O. Adv.Anil Mishra for Plaintiff present.
    Already adjd to 11/02/2022 for NM Reply
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 11-02-2022
    
    Date: 11-02-2022
    Business: Adv Mr. Tiwari h/f Adv Mr. Anil Mishra  present for plff.
    Adv Ms. Neha Pandey h/f Adv Mr. Sarogi present for deft.  and tendered registered NM No.390/2022 alongwith affidavit in support.
    Adv for plff filed reply in NM No.390/2022.
    By consent, matter is adjd. for rejoinder and NM hearing to 02.03.2022.
    Earlier order, if any, to continue till next date.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 02-03-2022
    
    Date: 02-03-2022
    Business: Adv Mishra for plff present.
    Adv Sana Khan present for deft.and seeks adjournment to file rejoinder in NM No.390/2022.
    By consent, matter is adjd. for NM rejoinder and hearing to 16.03.2022.
    Earlier interim order, if any, to continue till next date.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-03-2022
    
    Date: 16-03-2022
    Business: Adv Mr. B.N. Tiwari h/f Adv Mr. Mishra present for plff.
    Adv Ms. Sana Khan present for deft.and filed rejoinder in NM No.390/2022. Copy given to the adv for plff.
    By consent, matter is adjd. for NM hearing to 17.06.2022.
    Earlier interim order, if any, to continue till next date.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-06-2022
    
    Date: 17-06-2022
    Business: Adv Shri Rajesh Tripathi h/f Adv Mr. Anil Mishra present for plff.
    Plff. present.
     Adv. Neha Pande  present for defts.
    Earlier interim order, if any, to continue till next date.
    Matter is adjd. for NM hearing
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-07-2022
    
    Date: 05-07-2022
    Business: Adv.Anil Mishra a/w. Adv.B.N.Tiwari for plaintiff present.
    Adv.Narvekar for defendant present.
    Heard Adv.for deft.in NM No.390/22. The Adv. for deft.submits that she will argue NM No.4592/19 after arguement of the plaintiff.
    KB for argument of pltff.
    LO at 04.25 pm,
    Adv.U.V. Singh h/f. Adv.B.N.Tiwari for plaintiff present.
    Heard the pltff in NM No.390/22 and NM No.4592/19.
    Earlier order of interim relief if any to continue till next date.
    Matter adjd to 26.07.2022 for argument of pltff. in NM 4592/19.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-07-2022
    
    Date: 26-07-2022
    Business: None present for plaintiff.
    Adv. Ms. Neha pandey h/f Ashok saraogi  Defendant Present.
    def. No. 1 present.
    the adv. for def. Submites that reply of def. Shall be considered as def. Argument  adj. For order in NM 390/2022 & NM 4592/2019
    Earlier order of  interim relief if any to continue till next date.
    Matter adjd to 19.08.2022 for NM order.
    Judge
    Next Purpose: NM  ORDERS
    Next Hearing Date: 19-08-2022
    
    Date: 19-08-2022
    Business: Plaintiff and defendant present.
    Adv.U.V. Singh h/f.AdvAnil Mishra for plaintiff present.
    None present for both sides.
    KB
    LO 03.35 pm
    Adv.Neha Pandey h/f.Adv.Ashok Sarogi for plaintiff present.
    KB
    LO at 04.30 pm
    Adv.Neha Pandey h/f.Adv.Ashok Sarogi for plaintiff present.
    Adv.U.V. Singh h/f.Adv.Anil Mishra for plaintiff present.
    Heard the parties submissions in respect of whether NM No.4592/19 requires adjudication in view of defendant statement in Para No.12 of the Written Statement. While perusing the notice of motion No.4592/19, it is noticed that the plaintiff is also seeking relief against apprehention of dispossession.  Hence, it appears that NM 4592/19 requires adjudication.  Both parties have already advanced their detailed arguments in NM 4592/19 and NM 390/22. Hence, suit is adjourned for orders therein.
    Earlier order of interim relief if any to continue till next date.
    Matter adjd to 14.09.2022 for orders in NM 4592/19 and NM 390/22.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 14-09-2022
    
    Date: 19-08-2022
    Business: Plaintiff and defendant present.
    Adv.U.V. Singh h/f.AdvAnil Mishra for plaintiff present.
    None present for both sides.
    KB
    LO 03.35 pm
    Adv.Neha Pandey h/f.Adv.Ashok Sarogi for plaintiff present.
    KB
    LO at 04.30 pm
    Adv.Neha Pandey h/f.Adv.Ashok Sarogi for plaintiff present.
    Adv.U.V. Singh h/f.Adv.Anil Mishra for plaintiff present.
    Heard the parties submissions in respect of whether NM No.4592/19 requires adjudication in view of defendant statement in Para No.12 of the Written Statement. While perusing the notice of motion No.4592/19, it is noticed that the plaintiff is also seeking relief against apprehention of dispossession.  Hence, it appears that NM 4592/19 requires adjudication.  Both parties have already advanced their detailed arguments in NM 4592/19 and NM 390/22. Hence, suit is adjourned for orders therein.
    Earlier order of interim relief if any to continue till next date.
    Matter adjd to 14.09.2022 for orders in NM 4592/19 and NM 390/22.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 14-09-2022
    
    Date: 19-08-2022
    Business: Plaintiff and defendant present.
    Adv.U.V. Singh h/f.AdvAnil Mishra for plaintiff present.
    None present for both sides.
    KB
    LO 03.35 pm
    Adv.Neha Pandey h/f.Adv.Ashok Sarogi for plaintiff present.
    KB
    LO at 04.30 pm
    Adv.Neha Pandey h/f.Adv.Ashok Sarogi for plaintiff present.
    Adv.U.V. Singh h/f.Adv.Anil Mishra for plaintiff present.
    Heard the parties submissions in respect of whether NM No.4592/19 requires adjudication in view of defendant statement in Para No.12 of the Written Statement. While perusing the notice of motion No.4592/19, it is noticed that the plaintiff is also seeking relief against apprehention of dispossession.  Hence, it appears that NM 4592/19 requires adjudication.  Both parties have already advanced their detailed arguments in NM 4592/19 and NM 390/22. Hence, suit is adjourned for orders therein.
    Earlier order of interim relief if any to continue till next date.
    Matter adjd to 14.09.2022 for orders in NM 4592/19 and NM 390/22.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 14-09-2022
    
    Date: 14-09-2022
    Business: Adv.Anil Mishra for plaintiff present.
    Adv.Sana Khan for deft. present.
    KB for order.
    LO at 05.20 pm
    Plaintiff present. Deft.No.1 and 2 present.
    F.R.S.R. the following order is passed.
    ORDER
    1.Notice of Motion No.4592/2019 is allowed.
    2. The statement of the defendants in paragraph 12 of their written statement that they have no intention to demolish the ground floor of the suit building is accepted and till disposal of this suit they are directed to act accordingly.
    3. By the order of interim injunction the defendants are restrained from disturbing the plaintiff\''s possession in the ground floor of the suit building.
    4. If any direction from Bombay Municipal Corporation is received in respect to the condition of the suit building, the parties are at liberty to act accordingly with respect to the repairs or demolition of the suit building. It is made clear that this order shall not be considered as measure to restrain the due process adopted for repairs or for demolition, if any.
    5.Costs shall follow the event.
    6.Notice of Motion No.4592/2019 is disposed of accordingly.
    F.R.S.R. the following order is passed.
    ORDER
    1.Notice of Motion No.390/2022 is dismissed.
    2.Costs shall follow the event.
    Nature Of Disposal: ALLOWED
    Disposal Date: 14-09-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 113434/2019
    Filing Date: 04-12-2019
    First Hearing Date: 04th December 2019
    Decision Date: 14th September 2022
    Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    14 Sept 2022

    Order Details: Notice of Motion Pdf Text: 1 N/M NO.4592/19 MHCC010125942019 IN THE BOMBAY CITY CIVIL COURT AT MUMBAI NOTICE OF MOTION NO. 4592 OF 2019 IN S.C. SUIT No. 2922 OF 2019 Sudhakar Damodar Worlikar ...Plaintiff. Vs. 1. Pravin Dharmaraj Worlikar & Anr. …Defendants. Appearance Learned Advocate Mr. Anil Mishra for the plaintiff. Learned Advocate Mr. Ashok Sarogi for the defendants. CORAM : HHJ Rajesh A. Sasne (C.R.NO.62) Date : 14th September, 2022 O R D E R This…

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