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NOTICE OF MOTION

Jaipal Singh Hiralal GhussarVsBrijpal Hiralal Ghussar and Anr.

CNR MHCC0101268420193-COURT 03 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--OTHER
Decision Date: 09th June 2025

TrustJury record updated 24 Sept 2026

Case Overview

Registration Number
104616/2019
Registration Date
05 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: 12-12-2019
    Business: Plaintiff and defendant no. 1 present.
    Defendant no. 1 orally prayed for grant of time for engagement of counsel. Time granted.
    Matter stands Adj for engagement of advocate by defendant no. 1 to 06.02.2020.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 06-02-2020
    
    Date: 06-02-2020
    Business: Adv. Taral for plaintiff present and original NM no. 4616/19 supported by affidavit and he also filed affidavit of service in NM no. 4616/19 informing the court that defendant no. 4 and 5 have been served on 09.12.2019 and 12.12.2019 vide Ex-A postal receipt and acknowledgement. The defendant no. 1 to 3 are residing at same address and they were served with writ of summons and copy of plaint on 16.09.2019, as per affidavit of service dated 30.09.2019. But, the envelopes are returned with remark left.
    In view of the above report, plaintiff is directed to serve the defendant no.1 to 3 afresh by registered post or through bailiff.
    None present for defendant.
    Matter stands Adj for service to defendant no. 1 to 3 on 02.04.2020.
    Next Purpose: SERVICE
    Next Hearing Date: 02-04-2020
    
    Date: 02-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SERVICE
    Next Hearing Date: 24-04-2020
    
    Date: 24-04-2020
    Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 77 of 2020 matter adjourned.
    Next Purpose: SERVICE
    Next Hearing Date: 04-06-2020
    
    Date: 04-06-2020
    Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 83 of 2020 matter adjourned.
    Next Purpose: SERVICE
    Next Hearing Date: 22-06-2020
    
    Date: 22-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SERVICE
    Next Hearing Date: 25-09-2020
    
    Date: 25-09-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SERVICE
    Next Hearing Date: 15-10-2020
    
    Date: 15-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: SERVICE
    Next Hearing Date: 04-12-2020
    
    Date: 04-12-2020
    Business: Adv. Arvind Taral for plaintiff present.
    Defendant present in person.
    Matter stands Adj for Service to 20.01.2021
    Next Purpose: SERVICE
    Next Hearing Date: 20-01-2021
    
    Date: 20-01-2021
    Business: None for Plaintiff.
    Defendant present.
    The case is adjourned to 05.03.2021 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 05-03-2021
    
    Date: 05-03-2021
    Business: Defendant present in person.
    KB
    LO at 2.53pm
    Defendant present in person.
    Advocate Taral for plaintiff present and filed vakalatnama. TOR and marked as Exh. 2.
    O- Filed.
    He seeks time. Time is granted.
    The case is adjourned to 26.04.2021 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 26-04-2021
    
    Date: 26-04-2021
    Business: Adjourned due to COVID-19 pandemic.
    Next Purpose: SERVICE
    Next Hearing Date: 22-07-2021
    
    Date: 22-07-2021
    Business: Court is vacant
    Next Purpose: SERVICE
    Next Hearing Date: 20-09-2021
    
    Date: 20-09-2021
    Business: Matter called out at 03.09 p.m.
    Adv. Arvind Taral for plaintiff present.
    Deft. No.1 present in person.
    Plaintiff tendered original NM NO. 4616/19 alongwith service affidavit. TOR.
    Matter stands adjourned to 21.10.2021 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 21-10-2021
    
    Date: 21-10-2021
    Business: Matter mentioned at 5.37 p.m.
    Adv. Arvind Taral for plaintiff present.
    None present for defendant.
    Matter stands adjourned to 29.10.2021 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 29-10-2021
    
    Date: 29-10-2021
    Business: Matter called out at 3.13 p.m.
    Adv. Arvind Taral for plaintiff present.
    Deft. No.1 although served but failed to file reply to NM.
    Hence, NM to proceed without say of the defendant.
    Matter stands adjourned to 06.12.2021 for NM hearing.
    Later on at 3.17 p.m.
    Defendant in person present. He do not want to file reply.
    Already adjourned to 06.12.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-12-2021
    
    Date: 06-12-2021
    Business: Matter mentioned at 5.32 p.m.
    Adv. Arvind Taral for plaintiff.
    None present for defendant.
    Heard adv. Arvind Taral for plaintiff.
    Parties to maintain status quo.
    Matter stands adjourned to 12.01.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-01-2022
    
    Date: 12-01-2022
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-03-2022
    
    Date: 28-03-2022
    Business: Matter called out at 3.41 p.m.
    Adv. Arvind Taral for plaintiff present.
    Defendant in person present. He is seeking time to engage lawyer as the defendant is not represented by lawyer, last chance is granted.
    In the meantime, interim orders of status quo to continue.
    Matter stands adjourned to 23.06.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-06-2022
    
    Date: 23-06-2022
    Business: Adv. Arvind Taral for plaintiff present.
    Adv. Anjaykumar Kori for Deft. no.1 present. He tendered VP. TOR. Exh.03.
    Earlier order if any, to continue.
    Matter stands adjourned to 17.08.2022 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 17-08-2022
    
    Date: 17-08-2022
    Business: Adv. Arvind Taral for plaintiff present.
    Adv. Anjaykumar Kori for Deft. no.1 present. He tendered draft NM.
    O-Leave granted to register.
    Draft NM handed over to the Deft. no.1 for registration.
    He also tendered WS. TOR.
    Earlier order if any, to continue.
    Matter stands adjourned to 06.10.2022 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 06-10-2022
    
    Date: 06-10-2022
    Business: Adv. Arvind Taral for plaintiff present. He tendered reply on draft NM. TOR. Copy served to Deft. no.1.
    Deft. no.1 a/w Adv. Afsha Khatri present. She is seeking extension of time for getting the NM registered. Time extended.
    Matter stands adjourned to 08.12.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-12-2022
    
    Date: 08-12-2022
    Business: Adv. Arvind Taral for plaintiff present.
    Adv. Anjaykumar Kori for Deft. no.1 present. He is directed to tender reg. NM No.4303/2022 on record. He is seeking time. Time granted.
    Earlier order if any, to continue till next date.
    Matter stands adjourned to 09.02.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-02-2023
    
    Date: 09-02-2023
    Business: Adv. Arvind Taral for plaintiff present.
    Adv. Anjaykumar Kori for defendant No. 1 present.
    Advocate for defendant tendered registered notice of motion no. 4303/2022.
    Earlier order, if any, to be continued till next date.
    F.R.S.R. following order is passed
    ORDER
    1) Notice of Motion No. 4303/2022 in Suit No. 1959/2019 stands allowed.
    2) Delay stands condoned subject to payment of costs of Rs. 3,000/-.
    3) The written statement already tendered be exhibited after payment of costs on or before next date.
    4) Notice of motion No. 4303/2022 disposed off accordingly.
    Matter stands adjourned to 30.03.2023 for N.M.hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-03-2023
    
    Date: 30-03-2023
    Business: Adv. Arvind Taral for plaintiff present.
    Adv. Afsha Khatri h/f Adv. Anjay Kori for defendant present.
    The defendant No.1 complied the order passed in NM No.4303/2022.
    The advocate of plaintiff submitted that he has served the notice to all defendants.
    The notice to the defendant No.4 and 5 is received by RPAD as per service affidavit dated 04.02.2020 and the service to defendant No.1 to 3 is effected as per bailiff report dated 02.03.2020 on motion but the defendant No.2 to 5 are absent hence, proceed ex-parte against them.
    Earlier order, if any, to be continued till next date.
    Matter stands adjourned on 14.06.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-06-2023
    
    Date: 14-06-2023
    Business: Adv. Arvind Taral for plaintiff present.
    Adv. Afsha Khatri h/f Adv. Anjay Kori for defendant no. 1 present.
    Exh. 4 - Application for adjournment filed by defendant no. 1 due to illness of senior advocate. O-  Adjournment granted.
    Earlier order, if any, to be continued till next date.
    Matter stands adjourned on 24-08-2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-08-2023
    
    Date: 24-08-2023
    Business: CORAM :- H.H.J. SHRI. V.D. KEDAR  (CR. 01)
    Matter pertains to C.R. No.3
    Adv Arvind Taral for Plaintiff present.
    None for defendant.
    Earlier order, if any, to be continued till next date.
    Matter stands adjourned on 27-10-2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-10-2023
    
    Date: 27-10-2023
    Business: None present for Plaintiff.
    Adv Radhika Pal present for Defendant no.1.
    Plaintiff absent and failed press to NM No. 4616/2019, hence put up for NM dismissal.
    Earlier order, if any, to be continued till next date.
    Matter stands adjourned on  08-01-2024 for NM dismissal.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 08-01-2024
    
    Date: 08-01-2024
    Business: Advocate A.Taral for Plaintiff present.
    Advocate Anil Jaiswal for defendant no. 1 present.
    The defendant no. 1 is seeking short date. Both the parties are directed to argue on NM on next date without fail, and no further adjournment will not be granted for the same cause.
    Earlier order, if any, to be continued till next date.
    Matter stands adjourned on  23-02-2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-02-2024
    
    Date: 23-02-2024
    Business: CORAM - H.H.J. SHRI S. B. JOSHI (CR. 61)
    Matter pertains to Court Room No.03
    Adv. A. Taral for Plaintiff  present.
    Adv. Waghmare for defendant present.
    Earlier order, if any, to be continued till next date.
    Matter stands adjourned on 26-04-2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-04-2024
    
    Date: 26-04-2024
    Business: Adv. Taral for Plaintiff present.
    Adv. A K Kori for defendant no. 2 present.
    The Notice of motion indicates that the plaintiff has claimed temporary injection against the defendant no. 5. The roznama goes to show that ex-parte against the defendant no. 5.  No relief is claimed against the defendant no. 1. In that circumstances, the notice of motion can be tagged with suit.  Hence Notice of motion 4616 of 2019 be tagged with suit and Earlier order, if any, to be continued.
    Matter stands adjourned on 01.07.2024 for issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 01-07-2024
    
    Date: 01-07-2024
    Business: None present.
    Matter stands adjourned on 03-09-2024 for framing issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 03-09-2024
    
    Date: 03-09-2024
    Business: Adv Bhavika Chbukswar along with Plaintiff present.
    None for defendant present.
    Matter stands adjourned on 05-11-2024 for framing issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 05-11-2024
    
    Date: 05-11-2024
    Business: Adv. Mr. Arvind Taral for plaintiff present.
    None for defendant present.
    Earlier order, if any, to be continued till next date.
    Matter stands adjourned on 14.01.2025 for  framing issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 14-01-2025
    
    Date: 14-01-2025
    Business: CORAM - H.H.J. SMT. A. B. SHARMA (CR. 03)
    Adv. Arvind Taral for Plaintiff present.
    None for defendant present.
    Earlier order, if any, to be continued till next date.
    Matter stands adjourned on 05-03-2025 for framing issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 05-03-2025
    
    Date: 05-03-2025
    Business: CORAM - H.H.J. SMT. A. B. SHARMA (CR. 03)
    Adv. Arvind Taral for Plaintiff present.
    Adv. Anjaykumar R. Kori for defendant No. 1 present.
    Earlier order, if any, to be continued till next date.
    Matter stands adjourned on 09-06-2025 for framing issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 09-06-2025
    
    Date: 09-06-2025
    Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH (CR. 03)
    Advocate Arvind Taral for Plaintiff present.
    Advocate A. R. Kori for defendant No. 1 present.
    Earlier order, if any, to be continued till next date.
    Both submits that they do not want to file draft issues.
    Defendant No. 1 submits that defendant No. 1 is not going to create third party interest over suit property. Notice of Motion is proceeded ex-parte against defendant No. 5. The plaintiff have sought relief by Notice of Motion against defendant No. 1 and 5. The plaintiff has filed copy of share certificate with the plaint it prima facie, shows that the plaintiff has case. Both advocate present candidly submit that the defendant No. 1 is in possession of newly constructed suit premises. In view of submission made by both side Notice of Motion became infructuous. Hence, Notice of Motion No. 4616 of 2019 disposed of accordingly.
    Later on Advocate for defendant No. 1 again submits that defendant No. 5 has handed over possession to wife of defendant No. 1. On that ground also Notice of Motion infructuous.
    Matter stands adjourned on 01-08-2025 for framing issues.
    Nature Of Disposal: OTHER
    Disposal Date: 09-06-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 113537/2019
    Filing Date: 05-12-2019
    First Hearing Date: 12th December 2019
    Decision Date: 09th June 2025
    Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    09 Jun 2025

    Order Details: Other Pdf Text: 1 C.R. No.03 09.06.2025 Sr. No. 16 SU 1959/19 NM 4616/19 CORAM - H.H.J. SHRI. U. C. DESHMUKH (CR. 03) Advocate Arvind Taral for Plaintiff present. Advocate A. R. Kori for defendant No. 1 present. Earlier order, if any, to be continued till next date. Both submits that they do not want to file draft issues. Defendant No. 1 submits that defendant No. 1 is not going to create third party interest over suit property.…

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