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NOTICE OF MOTION

Mrs. Gangubai Fakira Kamble and Ors.VsMr. Sachin Fakira Kamble and Anr.

CNR MHCC01012810201965-COURT 65 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 30th April 2024

TrustJury record updated 24 Sept 2026

Case Overview

Registration Number
104695/2019
Registration Date
07 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: 26-02-2020
    Business: Advocate S. C. Daswadikar @ Plaintiff no.1 present and filed registered Notice of Motion no.4695/2019 with affidavit in support, t.o.r.
    Defendant no.2 with advocate P. S. Tiwari for Defendant no.1 and 2 present and filed vakalatnama for Defendant no.1 and 2, t.o.r.
    Advocate for Plaintiffs argued about ad-interim relief and when court raised query that how Defendant no.1 who is the owner of the suit premises on the basis of the title deed of said premises can be restrained from entering into suit premises. Court has also pointed out settled principle of law that title follows possession and court has asked Plaintiff\''s advocate to satisfy the court that Plaintiffs are exclusively possessing suit premises. Thereupon, Plaintiff\''s advocates submitted that let Defendants file their reply to the Notice of Motion, answers to all queries raised by the court will be given.
    Both learned advocates submitted that matter may be referred for mediation, hence Plaintiff no.1 and 4 and Defendant no.2 who are present in the court are directed to sign referral letter for referring matter for mediation.
    Case is adjourned to 23/04/2020 for Report of mediation/NM reply.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 23-04-2020
    
    Date: 23-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 14-05-2020
    
    Date: 14-05-2020
    Business: Due to Covid 19 pandemic, matters are adjourned as per Office order no.77.2020
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 03-06-2020
    
    Date: 03-06-2020
    Business: Case is adjd.to 20.06.20 in view of extension of Lockdown period as per office order no.83/20 dtd.01.06.20
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 20-06-2020
    
    Date: 20-06-2020
    Business: National Lock down
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 18-08-2020
    
    Date: 18-08-2020
    Business: Due to Covid 19
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 23-10-2020
    
    Date: 23-10-2020
    Business: None present for Plaintiffs.
    None present for Defendants.
    Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 27/01/2021 for  Mediation Report.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 27-01-2021
    
    Date: 27-01-2021
    Business: None present for plaintiff
    None present for defendants.
    As nobody present for both the parties, considering pandemic condition, matter is adjourned for reply of deft to NM No.4695/19 to 26.04.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 26-04-2021
    
    Date: 26-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 27-07-2021
    
    Date: 27-07-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 04-10-2021
    
    Date: 04-10-2021
    Business: None present for plff.
    Adv Ms. Parab for deft Nos.1 and 2 present and submitted that plff will be served with copy of counter claim before next date.
    Matter is adjd. for service of counter claim and NM hearing to 08.12.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-12-2021
    
    Date: 08-12-2021
    Business: Adv Mr. Daswadikar present for plff. and mentioned the matter in the morning session. He seeks adjournment by submitting that copy of counter claim is yet not served on the plff.
    Matter is on the board of afternoon session hence kept back.
    K.B.
    L.O. at 3.15 p.m.
    Adv Mr. Tiwari for deft present.
    Matter is adjd. for service of counter claim and NM hearing to 18.02.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-02-2022
    
    Date: 18-02-2022
    Business: Plff present in person and seeks adjournment by submitting that her advocate is not available.
    Adv Mr. P.S. Tiwari present for deft Nos.1 and 2.
    On request of plff, matter is adjd. for NM hearing to 25.04.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-04-2022
    
    Date: 25-04-2022
    Business: Plff Nos.1 to  3 present. Adv Ms. Samiksha  Malekar present for plff.
    Adv Mr. P.S. Tiwari present for deft./counter claimants and filed draft NM alongwith affidavit in support for temporary injunction. O-Leave to register is granted. Copy of NM is given to the adv for plff. in Court today.
    Adv for plff seeks time to file reply.
    Matter is adjd. for NM reply to 29.06.2022.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 29-06-2022
    
    Date: 29-06-2022
    Business: Adv. Abhiraj Parab along with adv. Samiksha Malekar and adv. Priyanka Ghosh filed vakalatnama for plaintiffs. T.O.R. It is marked as Exh.6
    Adv. Rashmi Parab h/f Adv. Tiwari for defendant present.
    Matter adjd to 19/08/2022 for NM reply
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 19-08-2022
    
    Date: 19-08-2022
    Business: Adv.Samiksha Malekar for plaintiff present.
    Adv.Rashmi Parab for defendant present. She submits that written statement at Exh.4 shall be considered as reply n NM 4695/190
    Matter adjd to 20.10.2022  for NM hearing and order in respect of non-filing of written statement in counter claim.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-10-2022
    
    Date: 20-10-2022
    Business: Plaintiff No.1 and 3 present.
    Adv.Reshmi Parab for defendants present.
    KB
    LO at 03.20 pm
    Plaintiff No.1 and 3 present. and defendant present.
    Adv.Samiksha Malekar for plaintiff present.
    Adv.P.S.Tiwari for defendants present.
    Ld.Adv.for the defendants submits that draft notice of motion filed a/w. counter claim is pending in the record. He submits that it was filed alongwith the counter claim. The plaintiff submits that copy of said draft notice of motion is already received to the plaintiff. On search of the documents it is noticed that draft notice of motion filed by defendants is pending, hence, leave granted to register said notice of motion.
    The Ld.Adv.for the plaintiff filed written statement in the counter claim. It is t.o.r. and marked as Exh.7. Subject to limitation.
    The Ld.Adv.for plaintiff also filed affidavit in reply to the defendants notice of motion t.o.r. and marked as Exh.8.
    Copy of Exh.7 and Exh.8 are received by the Adv.for defendants.
    Matter adjd to 06.12.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-12-2022
    
    Date: 06-12-2022
    Business: Adv.Shivani Bhatia h/f.Adv.Abhiraj Parab for plaintiff No.1 to 3 present.
    Adv.P.S.Tiwari for defendant present.
    Adv.for deft. requested for time to tender the register NM. The pltff. requested time to file reply.
    KB
    LO at 03.30 pm
    Adv.P.S.Tiwari for defendant present and tendered NM No.4283/22 a/w. affidavit t.o.r.
    Matter adjd to 17.02.2023 for reply and hearing in both NM\''s.
    Next Purpose: REPLY
    Next Hearing Date: 17-02-2023
    
    Date: 17-02-2023
    Business: Adv. Priyanka Ghosh i/b Adv. Abhiraj Parab for plaintiff present.
    Adv. Prakash Tiwari for defendant present.
    Plaintiff and defedants are present.
    The plaintiff\''s filed draft Notice of motion along with affidavit for condonation of delay in filling written statement in Counter claim. Leave granted to registered NM.
    The adv. for the defenants (Plaintiff in Counter claim) filed handwritten reply in draft NM. Heard the plaintiff and the defenants.
    Order in draft NM -
    Read the affidavit in support of draft Motion and the reply of the defendants. There is delay of 88 days. The W.S in Counter claim was filed on 20.10.2022. It appears that the plaintiff has changed the advocate. Copy of Counter claim was received by the plaintiff on 28.04.2022. Considering the reason stated for the delay, delay is required to condon, Hence I pass following order.-
    ORDER
    1. Draft Notice of motion is allowed. Subject to cost of Rs. 1000/-
    2. Delay in filling W.S in counter claim in condoned.
    3.Draft NM be registered for statistical purpose.
    Matter adjd to 29-03-2023 for compliance/NM Hearing
    Next Purpose: COMPLIANCE
    Next Hearing Date: 29-03-2023
    
    Date: 29-03-2023
    Business: Adv. Mr. Abhiraj Parab for the plaintiffs present.
    Adv. Akaksh Tiwari for defendant present.
    Plaintiff Nos. 1 and 3 present.
    Compliance of costs is made by  the plaintiffs.
    Written statement in counter claim is already t.o.r. as Exh.7.
    Matter adjourned for hearing of motion to 08.6.2023 morning.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-06-2023
    
    Date: 08-06-2023
    Business: Matter is adjourned to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-07-2023
    
    Date: 17-07-2023
    Business: Court is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-09-2023
    
    Date: 26-09-2023
    Business: Matter adjourned to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-11-2023
    
    Date: 02-11-2023
    Business: Matter adjourned to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-01-2024
    
    Date: 05-01-2024
    Business: Adv. Samiksha Malekar for Plaintiff present.
    Adv. Reshmi Parab for defendant present.
    Matter stands adjourned on 24.01.2024 for hearing in NM No.4283/2022 at 3.30 pm.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-01-2024
    
    Date: 24-01-2024
    Business: Adv. Smiksha Mayekar for Plaintiff present.
    Adv. P. S. Tiwari for defendant present.
    Matter stands adjourned on 28/02/2024 for NM hearing at 3.30 PM.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-02-2024
    
    Date: 28-02-2024
    Business: Advocate Samiksha Malekar for Plaintiff present.
    Advocate Reshmi Parab for defendant present and prayed for adjournment due to non availaibility of Advocate P.S. Tiwari. O - Granted.
    Matter stands adjourned on 22.03.2024 for Notice of Motion hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-03-2024
    
    Date: 22-03-2024
    Business: Advocate Samiksha Malekar for Plaintiff present.
    Advocate P. S. Tiwari for defendant present.
    Matter stands adjourned on 10.04.2024 for Notice of Motion
    hearing at 12.30 pm.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-04-2024
    
    Date: 10-04-2024
    Business: Advocate Samiksha Mahalekar for Plaintiffs present.
    Advocate P.S. Tiwari for defendants No.1 and 2 present.
    Heard both sides in Notice of Motion No.4283/2022 and Notice of Motion No.4695/2019 Matter stands adjourned on 20.04.2024 for Notice of Motion order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 20-04-2024
    
    Date: 20-04-2024
    Business: As court is on leave
    Next Purpose: NM  ORDERS
    Next Hearing Date: 26-04-2024
    
    Date: 26-04-2024
    Business: As court is on leave.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 30-04-2024
    
    Date: 30-04-2024
    Business: Advocate Tushar Ambekar for Plaintiffs present.
    Advocate Reshmi Parab h/f Advocate P. S. Tiwari for defendants No.1 and 2 present.
    F.R.S.R. following order is passed in Notice of Motion No.4283/2022
    ORDER
    1. Notice of Motion No.4283/2022 in Suit No.2965/2019 is made absolute in terms of prayer clause (a).
    2. Proceeding of Notice of Motion No.4283/2022 in Suit No.2965/2019 is closed.
    F.R.S.R. following order is passed in Notice of Motion No.4695/2019
    ORDER
    1. Notice of Motion No.4695/2019 in Suit No.2965/2019 is made absolute in terms of prayer clause (a).
    2. Proceeding of Notice of Motion No.4695/2019 in Suit No.2965/2019 is closed.
    Matter stands adjourned on 26.07.2024 for draft issues.
    Nature Of Disposal: ALLOWED
    Disposal Date: 30-04-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 113620/2019
    Filing Date: 07-12-2019
    First Hearing Date: 26th February 2020
    Decision Date: 30th April 2024
    Court Number And Judge: 65-COURT 65 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    30 Apr 2024

    Order Details: Notice of Motion Pdf Text: 1 N/M. No.4695/19 (SC No.2965/19) MHCC010128102019 Presented on : 07/12/2019 Registered on : 07/12/2019 Decided on : 30/04/2024 Duration : 4 Y 4 M 25 D IN THE BOMBAY CITY CIVIL COURT AT GREATER MUMBAI NOTICE OF MOTION NO.4695 OF 2019 IN SHORT CAUSE SUIT No.2965 OF 2019 Mrs. Gangubai Fakira Kamble & Ors. ... Plaintiffs - Versus - Mr. Sachin Fakira Kamble & Anr. … Defendants CORAM : HIS HONOUR JUDGE SHRI.…

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