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NOTICE OF MOTION

The Kasturba Nagar CHS Ltd. in Su. St. No.13386 of 19VsMCGM

CNR MHCC0101297420198-COURT 08 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--OTHER
Decision Date: 22nd October 2021

TrustJury record updated 24 Sept 2026

Case Overview

Registration Number
104746/2019
Registration Date
11 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: 11-12-2019
    Business: Adv. Sarita Dhonde  for plaintiff present and tendered Original registered nm  no. 4746/19 along with affidavit
    Adv. Mr. S.C. Khandagale for Deft/MCGM present and tendered reply to N/M .
    KB LO
    Earlier order, if any, to continue till next date.
    Adjd to 12-12-2019  for Ad-interim hearing .
    Next Purpose: HEARING
    Next Hearing Date: 12-12-2019
    
    Date: 12-12-2019
    Reason For Adjournment: court time is over
    Next Purpose: HEARING
    Next Hearing Date: 16-12-2019
    
    Date: 16-12-2019
    Business: Adv.  Jayshree Randhaye for plaintiff present.
    Adv. Mr. S.C. Khandagale for Deft/MCGM present.  .
    On oral request of advocate for Plaintiff, adjournment granted as last chance.
    Adjd to 13-01-2020 for ad-interim hearing .
    Next Purpose: HEARING
    Next Hearing Date: 13-01-2020
    
    Date: 13-01-2020
    Business: Adv. Jayshree Randhiye for plaintiff present.
    Adv. Ms. Patilh/f Adv.Khandagale for MCGM/Defendant present.
    Earlier order, if any, to continue till next date.
    Adjd to 07.02.2020 for ad-interim hearing.
    Next Purpose: HEARING
    Next Hearing Date: 07-02-2020
    
    Date: 07-02-2020
    Business: Adv. Jayshree Randhaiye  for plaintiff present.
    Adv. Khandagle for MCGM/Deft. present.
    Earlier order, if any, to continue till next date.
    Matter adjd to 06.03.2020 for NM hearing.
    Next Purpose: HEARING
    Next Hearing Date: 06-03-2020
    
    Date: 06-03-2020
    Business: Adv.Mrs.Mahadik h/f adv.Sarita Donde for plaintiff present.
    Adv. Khandagle for MCGM/Deft. present.
    Earlier order, if any, to continue till next date.
    Matter adjd to 27.04.2020 for Ad-interim hrg.
    Next Purpose: HEARING
    Next Hearing Date: 27-04-2020
    
    Date: 27-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: HEARING
    Next Hearing Date: 18-05-2020
    
    Date: 18-05-2020
    Business: National lock down - 4
    Next Purpose: HEARING
    Next Hearing Date: 17-06-2020
    
    Date: 17-06-2020
    Business: Adjd to
    Next Purpose: HEARING
    Next Hearing Date: 14-09-2020
    
    Date: 14-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: HEARING
    Next Hearing Date: 23-11-2020
    
    Date: 23-11-2020
    Business: Adjourned Due to Covid-19.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 27-01-2021
    
    Date: 27-01-2021
    Business: None for plaintiff.
    Adv. Khandagle for deft/MCGM present.
    Earlier order, if any, to continue till next date.
    Matter adjd to 24/02/2021 for Ad-interim Hearing.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 24-02-2021
    
    Date: 24-02-2021
    Business: Earlier order, if any, to continue till next date.
    Matter adjd to 22/03/2021 for Ad-interim Hearing.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 22-03-2021
    
    Date: 22-03-2021
    Business: Earlier order, if any, to continue till next date. Matter adjd to 12/04/2021 for Hearing on Ad-interim relief.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 12-04-2021
    
    Date: 12-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 07-07-2021
    
    Date: 07-07-2021
    Business: None for Plaintiff.
    Counsel Adv. Mr. D.K. Vyas with Adv. Mrs. Tondwalkar for Defendants/MCGM is present and tendered draft N/m along with affidavit in support. T.O.R.
    O – Leave is granted to register the draft N/m till next date.
    Matter is adjd. to 14/07/2021 for reply of Plaintiff on N/m and ad-interim hearing.
    Next Purpose: REPLY
    Next Hearing Date: 14-07-2021
    
    Date: 14-07-2021
    Business: Due to Covid-19.
    Next Purpose: REPLY
    Next Hearing Date: 26-07-2021
    
    Date: 26-07-2021
    Business: Adv. Ms. Jayshree Randhiye h/f. Adv. Mrs. Sarita Donde for Plaintiff is present.
    Counsel Adv. Mr. D.K. Vyas with Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
    Advocate for Plaintiff requests for time to file reply to N/m No. 1494/2021. Time is granted till next date.
    Plaintiff is directed to supply the copy of reply to N/m No. 1494/2021 in advance to the Defendant.
    Advocate for Plaintiff has supplied the copies of N/m No. 4746/2019 and affidavit in support of N/m to the Defendant/MCGM.
    Considering the urgency from the side of Defendants, last chance given to the Plaintiff to argue the N/m. If on the next date Plaintiff failed to argue N/m, earlier order may not be continued.
    Earlier order, if any, to continue till next date.
    Matter is adjd. to 02/08/2021  for N/m reply /ad-interim hearing.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 02-08-2021
    
    Date: 02-08-2021
    Business: Adv Jayashree Randhiye h/f Adv Sarita Donde for plaintiff present and tendered original registered NM NO.1407/21 along with affidavit in support thereof, TOR. Copy is already served to defendant / MCGM. She also tendered affidavit in reply to NM NO.1494/21. TOR. Copy is already served to defendant / MCGM.
    Adv for plaintiff tendered adjournment application stating therein that Adv on record Miss Sarita Donde is seek, suffering from fever and request for adjournment. The said application is TOR marked as Exh.4. O- Other side to say.
    Adv Mr Vyas with Adv Tondwalkar for defendant / MCGM present.
    K.B. till 2.45. p.m.
    L.O. at 3.00 p.m.
    Adv Jayashree Randhiye h/f Adv Sarita Donde for plaintiff present.
    Adv D.K. Vyas for with Adv Tondwalkar for defendant / MCGM present and has given say on Exh.4 itself. He also tendered reply to NM NO.1407/21. TOR. Copy is served to the advocate plaintiff.
    ORDER ON EXH.4
    Plaintiff has filed application for adjournment on a ground that advocate of plaintiff is suffering from high fever. The advocate of the defendant strongly opposed for giving adjournment. Considering the grounds raised by the plaintiff, application is  lastly allowed.
    Earlier order, if any, to continue till next date.
    Adjd. To 13/08/2021 for filing rejoinder in NM / ad-interim hearing / NM hearing.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 13-08-2021
    
    Date: 13-08-2021
    Business: None for plaintiff.
    Adv. Mrs. Tondwalkar for Defendant/MCGM is present and states that MCGM Council MR. Vyas is coming. Hence, kept back.
    K.B.
    L.O. at 5.15 p.m.
    Adv D.K. Vyas for defendant / MCGM present.
    Earlier order, if any, to continue till next date.
    Adjd. To 23/08/2021 for filing rejoinder in NM / ad-interim hearing / NM hearing.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 23-08-2021
    
    Date: 23-08-2021
    Business: CORAM  H.H.J. SHRI K.P. KSHIRSAGAR, (C.R.NO.05)
    (Matter pertains to C.R. NO.08)
    Adv Miss Shivangi Rajak h/f Adv Miss Sarita Donde for plaintiff present.
    Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
    Earlier order, if any, to continue till next date.
    Adjd. To 01/09/2021 for filing rejoinder in NM / ad-interim hearing / NM hearing.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 01-09-2021
    
    Date: 01-09-2021
    Business: None for plaintiff.
    Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
    K.B.
    L.O. at 4.10 p.m.
    Adv.Mr Vyas with Adv Mrs. Tondwalkar for Defendant/MCGM is present.
    Earlier order, if any, to continue till next date.
    Adjd. To 06/09/2021 for for filing rejoinder in NM / ad-interim hearing / NM hearing.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 06-09-2021
    
    Date: 06-09-2021
    Business: None for plaintiff.
    Adv. Vyas with Adv Mrs. Tondwalkar for Defendant/MCGM is present.
    K.B.
    L.O. at 4.15 p.m.
    None for plaintiff.
    Adv Vyas for defendant / MCGM present.
    Defendant / MCGM has shown urgency in the matter but plaintiff not shown interest in hearing NM, therefore, on the next date plaintiff should argue NM, otherwise, advocate for the defendant / MCGM will be heard on next date. Plaintiff to take note.
    Earlier order, if any, to continue till next date.
    Adjd. To 15/09/2021 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 15-09-2021
    
    Date: 15-09-2021
    Business: Mr Vinod Devriya, resident of plaintiff\''s society present.
    Adv Mr Vyas with Mrs Mhatre h/f Adv Mrs Tondwalkar for defendant/ MCGM present.
    K.B.
    L.O. at 4.15 p.m.
    Mr Vinod Devriya resident of plaintiff society present.
    Adv Mr Vyas with Mrs Mhatre h/f Adv Mrs Tondwalkar for defendant/ MCGM present.
    AT 4.45 P.M.
    Plaintiff is present.
    Adv for the defendant / MCGM filed compilation of documents. TOR and marked as Exh.5.
    Heard Adv Vyas for defendant / MCGM on NM NO.1407/2021, NM NO.1494/2021 and NM NO.4746/2019.
    Earlier order, if any, to continue till next date.
    Adjd. To 20/09/2021 for NM hearing by advocate of plaintiff / order on  NM NO.1407/2021 and NM NO.1494/2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-09-2021
    
    Date: 20-09-2021
    Business: Adv Jayashree Randhye h/f Adv Sarita Donde for plaintiff present.
    Adv Mr Vyas with Mrs Tondwalkar for defendant/ MCGM present.
    The advocate for the plaintiff seeks time on a ground that the advocate who is arguing the matter is not present today, therefore prayed for short adjournment. The Roznama dated 06.09.2021 clearly shows that last chance was given to the plaintiff to argue the NM, on that date also, none was present for plaintiff. On the last date, advocate for defendant / MCGM argued matter on NM NO.1407/2021, NM NO.1494/2021 and NM NO.4746/2019. On that day also plaintiff and his advocate were absent. The interim protection is given to the plaintiff, therefore, plaintiff is not interested to proceed with the matter. Sufficient chances and opportunities given to the plaintiff to argue NM. Therefore, oral request of adjournment by the plaintiff is rejected. Matter be kept for order on NM.
    Earlier order, if any, to continue till next date.
    Adjd. To 23/09/2021 for NM order NM NO.1407/2021, NM NO.1494/2021 and NM NO.4746/2019.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 23-09-2021
    
    Date: 23-09-2021
    Business: Mr. Suresh Dhandare and Mr. Vinod Devariya, residents of Plaintiffs society are present and state that their advocate is at her native place. Hence, seek short adjournment.
    Matter already fixed for order on NM, then also plff is directed to argue on Nm on next date, otherwise further order will be passed in NM.
    Adv. D. K. Vyas for Defendant/MCGM is present.
    Earlier order, if any, to continue till next date.
    Adjd. To 01/10/2021 for NM hearing(P.H.)/order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 01-10-2021
    
    Date: 01-10-2021
    Business: CORAM  H.H.J. SMT S.G. SHAIKH, (C.R.NO.06)
    (Matter pertains to C.R. No.08)
    Adv Sarita Donde for plaintiff present.
    Adv. D.K. Vyas with Adv Mrs. Tondwalkar for Defendant/MCGM is present.
    Earlier order, if any, to continue till next date.
    Adjd. To 11/10/2021 for NM hearing(P.H.)/order.
    Next Purpose: NM  ARGUMENTS P.H.
    Next Hearing Date: 11-10-2021
    
    Date: 11-10-2021
    Business: Adv Jayashree Randhye h/f Adv Sarita Donde for plaintiff present.
    Adv Mrs. Tondwalkar h/f Adv Vyas for Defendant/MCGM is present.
    K.B.
    L.O. at 3.45 p.m.
    Adv Jayashree Randhye h/f Adv Sarita Donde for plaintiff present.
    Adv Vyas for Defendant/MCGM is present.
    Adv Devendra Ughade , Sub Engineer, M/West Ward MCGM present.
    Earlier order, if any, to continue till next date.
    Adjd. To 12/10/2021 at 12.30 p.m. for  NM hearing(P.H.) /order.
    Next Purpose: NM  ARGUMENTS P.H.
    Next Hearing Date: 12-10-2021
    
    Date: 12-10-2021
    Business: Adv Sarita Donde for plaintiff present.
    Adv Vyas for Defendant/MCGM is present and tendered copy of Exh.5 to the advocate for the plaintiff.
    Mr Devendra Ughade, Sub Engineer, M/W Ward, MCGM present.
    Heard both Ld Advocates on Plaintiff\''s NM Nos. 4746/2019, 1407/2021 and Defendant\''s NM NO.1494/2021.
    Earlier order, if any, to continue till next date.
    Adjd. To 14/10/2021 for order on  NM Nos. 4746/2019, 1407/2021, 1494/2021.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 14-10-2021
    
    Date: 14-10-2021
    Business: Adv. Sarita Donde for Plaintiff present.
    Adv. D.K. Vyas for Defendant/MCGM is present.
    Mr. Devendra M. Ughade, S.E. (B and F), M/W ward, MCGM is present.
    Earlier order, if any, to continue till next date.
    Adjd. To 22/10/2021 for order on NM Nos. 4746/2019, 1407/2021, 1494/2021.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 22-10-2021
    
    Date: 22-10-2021
    Business: O R D E R
    1. Prayer clause (a) in Notice of Motion No.4746/2019 is rejected.
    2. Prayer clauses (a) and (b) in Notice of Motion No.1407/2021 are rejected.
    3. Accordingly Notice of Motion No.4746/2019 and Notice of Motion No.1407/2021 stands disposed off.
    Nature Of Disposal: OTHER
    Disposal Date: 22-10-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 113656/2019
    Filing Date: 11-12-2019
    First Hearing Date: 11th December 2019
    Decision Date: 22nd October 2021
    Court Number And Judge: 8-COURT 08 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    22 Oct 2021

    Order Details: Notice of Motion Pdf Text: 22/10/2021 SU.3342/19 CORAM : H.H.J. SHRI S.D. KULKARNI, (C.R.NO.08) Adv Sarita Donde for plaintiff present. Adv D.K. Vyas with Adv. Mrs. Tondwalkar for Defendant/MCGM is present. ORDER ON N/M NO. 4746/2019 AND N/M NO.1407/2021 Plaintiff has taken out both this Notice of Motion for restraining the defendant / corporation for implementing or enforcing the notices dated 22.11.2019 and 11.06.2021 respectively. By way of Notice of Motion No.4746/2019 plaintiff prayed that defendant be restrained…

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