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NOTICE OF MOTION

Shardaben Devsibhai AtroliaVsJyotiben Jayantilal Daki

CNR MHCC01012899201965-COURT 65 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 18th January 2024

TrustJury record updated 24 Sept 2026

Case Overview

Registration Number
104724/2019
Registration Date
09 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: 24-01-2020
    Business: Matter is called out at 4.01pm
    Adv.R.M.Pardiwalla i/b Manoj for plaintiff present.
    (Exh-1)Plaint
    (Exh-2)Vakalatnama                                                                       (Exh-3)Memorandumof register address.
    (Exh-4)List of documents.
    Plaintiff tendered affidavit of service (Exh-5) alongwith the original writ of summons which shows that defendant are served.  Inspite of service none present.  Hence, suit to proceed without ex-parte.
    Plaintiff tendered registered N/M No.4724/19 alongwith affidavit. T.O.R.
    Matter is adj to 18/02/2020 for N/M hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-02-2020
    
    Date: 18-02-2020
    Business: Matter is called out at 3.27pm
    Adv.Rustom Pardiwalla i/b Adv.Manoj B.Nair for plaintiff present.
    Adv.Jitendra Tiwari filed vakalatnama on behalf for def.no.2. (Exh-6) T.O.R
    Adv. for def.no.2 tendered draft Notice of Motion alongwith affidavit.O-Leave is granted to register the Notice of Motion.
    Copy serve to the plaintiff.
    Draft N/M handed-over the def.no.2 advocate for registration.
    Matter is adj to 24/03/2020 for N/M reply and hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-03-2020
    
    Date: 24-03-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-04-2020
    
    Date: 17-04-2020
    Business: NATIONAL LOCKDOWN.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-05-2020
    
    Date: 28-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-06-2020
    
    Date: 15-06-2020
    Business: Due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-08-2020
    
    Date: 10-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-09-2020
    
    Date: 16-09-2020
    Business: None present.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-10-2020
    
    Date: 28-10-2020
    Business: Due to Covid-19 none present.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-12-2020
    
    Date: 22-12-2020
    Business: PO IS ON LEAVE.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-01-2021
    
    Date: 13-01-2021
    Business: CORAM :- H.H.J. SHRI.R.M. SADRANI (C.R. 07)
    Plaintiff and adv. absent.
    Adv. Sandeep Singh for defendant present.
    Matter is adj for hearing on NM on 06-04-2021
    L.O. at 2.40 PM
    Adv. Mrs. Lata P. Kharawa for plaintiff present.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-04-2021
    
    Date: 06-04-2021
    Business: None present.
    Matter adj for NM hearing on 06.07.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-07-2021
    
    Date: 06-07-2021
    Business: CORAM  H.H.J. SHRI. R. V. KOKARE (C.R.No.63)
    None present for plaintiff.
    None present for defendant.
    Adjourned for  NM hearing to 11.10.2021.
                                                                                            Judge
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-10-2021
    
    Date: 11-10-2021
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-01-2022
    
    Date: 05-01-2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-02-2022
    
    Date: 07-02-2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-03-2022
    
    Date: 01-03-2022
    Business: Advocate Pardiwala a/w Advocate Adnan Sakharkar for plaintiff is present.
    None present for defendant.
    It is hereby directed to the advocate for defendant to get register draft NM on or before next date, otherwise necessary order to be passed.
    It is hereby directed to the advocate for defendant on next date to remain present and argue on NM, otherwise necessary order to be passed.
    Adjourned for hearing on NM No.4724/19 to 12.04.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-04-2022
    
    Date: 12-04-2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-06-2022
    
    Date: 20-06-2022
    Business: Adjourned for NM for Hearing to 28/07/2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-07-2022
    
    Date: 28-07-2022
    Business: Court is vacant.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-09-2022
    
    Date: 15-09-2022
    Business: Court is vacant.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-11-2022
    
    Date: 14-11-2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-12-2022
    
    Date: 08-12-2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-01-2023
    
    Date: 16-01-2023
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-02-2023
    
    Date: 17-02-2023
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-03-2023
    
    Date: 14-03-2023
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-06-2023
    
    Date: 16-06-2023
    Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
    Adv. Shilpa Salvi h/f Adv. Pardiwala present for plaintiff.
    Plaintiff is present.
    None present for defendant.
    Record shows that defendant had taken Draft NM on 18.02.2020 and not yet registered. If defendant failed to get register the draft NM, further order will be pass.
    Matter is adjd. for NM no.4724/2019 hearing to 27.07.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-07-2023
    
    Date: 27-07-2023
    Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
    Adv. Rustom Pardiwala present for plaintiff.
    Plaintiff in person present.
    None present for defendant.
    Record shows that defendant had taken out draft NM for condoning delay to set-a-side ex-parte order. It was taken on 18.02.2020 and since then till today not taken for registration. Matter is adjourned as a last chance to defendant to register draft NM, failure of which NM will be dismissed in default.
    Matter is adjd. for taking steps to 04.09.2023.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 04-09-2023
    
    Date: 04-09-2023
    Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
    Adv. R. N. Pardiwala i/b Adv. Manoj Nair present for plaintiff.
    None present for defendant.
    Record shows that by observing that the defendant nos.01 an 02 had not filed draft Notice of Motion taken on 18.02.2020 for condoning delay and set-a-side ex-parte order. Till today said Notice of Motion is not filed on record. Hence, the draft Notice of Motion is dismissed in default. Draft Notice of Motion be sent for registration statistically. Matter is adjourned for reply to NM no.4724/2019.
    Matter is adjd. for NM reply to 13.10.2023.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 13-10-2023
    
    Date: 13-10-2023
    Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
    Adv. R. N. Pardiwala present for plaintiff.
    None present for defendant.
    Matter is adjd. for NM hearing to 28.11.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-11-2023
    
    Date: 28-11-2023
    Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
    Adv. R. N. Pardiwala present for plaintiff.
    None present for defendant.
    Record shows that Notice of Motion no.4724/2019 is not duly served on defendant nos.01 and 02. Plaintiff to served Notice of Motion on them through bailiff of this court.
    Matter is adjd. for NM hearing to 15.01.2024.
    LO at 05: 45 p.m.
    Adv. for plaintiff pointed out that Notice of Motion is served on defendant nos.01 and 02 on 19.12.2019 from the endorsement on the docket of Notice of Motion. In view of that there is no need of service of Notice of Motion on defendant nos.01 and 02.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-01-2024
    
    Date: 15-01-2024
    Business: Adv. R.N. Pardiwala for Plaintiff present.
    None for defendants No.1 to 4 present.
    Heard Adv. R.N. Pardiwala in NM No.4724/2019.
    Matter stands adjourned on 18.01.2024 for NM order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 18-01-2024
    
    Date: 18-01-2024
    Business: Adv Seema Salve for Plaintiff present.
    None for defendant present.
    F.R.S.R. following order is passed in NM No.4724/2019
    ORDER
    1. Notice of motion No.4724 of 2019 is partly made absolute in terms of prayer clause (b).
    2. Defendants No.1 and 2 are thereby restrained from  sub-letting and/or giving on license and/or parting with possession of and/or transferring or assigning in any other manner their interest in the said Shop No.5 situated at Madhav Baug Charity Fund, C. P. Tank, Mumbai in favour of any other person or third party.
    34. Proceeding of Notice of Motion No.4724 of 2019 in Suit No.2372  of 2019 is closed.
    Nature Of Disposal: ALLOWED
    Disposal Date: 18-01-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 113676/2019
    Filing Date: 09-12-2019
    First Hearing Date: 24th January 2020
    Decision Date: 18th January 2024
    Court Number And Judge: 65-COURT 65 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    18 Jan 2024

    Order Details: Notice of Motion Pdf Text: 1 N/M. No.4724/19 in Su. No.2372/19 MHCC010128992019 Presented on : 09.12.2019 Registered on : 09.12.2019 Decided on : 18.01.2024 Duration : 4 Y 1 M 11 D IN THE BOMBAY CITY CIVIL COURT AT BOMBAY ORDER IN NOTICE OF MOTION NO.4724 OF 2019 IN S. C. SUIT NO.2372 OF 2019 Shardaben Devsibhai Atrolia ... Plaintiff V/s. Jyotiben Jayantilal Daki & Ors. ...Defendants CORAM : HIS HONOUR JUDGE SHRI. R. R. BHAGWAT CITY CIVIL…

    Read Full Order

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