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NOTICE OF MOTION

Sachin Sadanand Jawkar and Ors.VsThe Chief Executive Engineer and Ors.

CNR MHCC0101328520199-COURT 09 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 03rd January 2023

TrustJury record updated 24 Sept 2026

Case Overview

Registration Number
104872/2019
Registration Date
18 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: 02-01-2020
    Business: Adv.Nitin Rakshe for Plaintiff is present. He filed writ of summons. He tendered registered NM No. 4872/2019 a/w affidavit in support.
    Defendant no.4 in person is present. Adv. is absent.
    Matter is adjd. for reply to 10/01/2020 .
    Next Purpose: REPLY
    Next Hearing Date: 10-01-2020
    
    Date: 10-01-2020
    Business: Adv. Nitin Rakshe for Plaintiff is present.
    Adv. Mr. Hiren Shah for defendant no. 4 is present
    Plaint.
    Vakalatnama/P in plaint.
    Memo of address in plaint.
    Vakalatnama filed by adv for Defendant-4 on behalf of Defendant-4. t.o.r. O-filed.
    Reply to N/M no. 4872/19 filed by adv for Defendant-4. t.o.r.
    Matter is adjd to 31.01.2020 for N/M hearing.
    Next Purpose: REPLY
    Next Hearing Date: 31-01-2020
    
    Date: 31-01-2020
    Business: Court is on leave.
    Next Purpose: REPLY
    Next Hearing Date: 04-03-2020
    
    Date: 04-03-2020
    Reason For Adjournment: court time is over
    Next Purpose: REPLY
    Next Hearing Date: 18-03-2020
    
    Date: 18-03-2020
    Business: Due to direction to combat Corona Virus, board is discharged as
    only matters for argument are taken up.
    Matter is adjd. to 17.07.2020
    Next Purpose: REPLY
    Next Hearing Date: 17-07-2020
    
    Date: 17-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPLY
    Next Hearing Date: 09-10-2020
    
    Date: 09-10-2020
    Next Purpose: REPLY
    Next Hearing Date: 21-12-2020
    
    Date: 21-12-2020
    Business: None present for both the sides.
    Matter is adjd. to 08.04.2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-04-2021
    
    Date: 08-04-2021
    Business: Due to SOP only urgent matter  are taken up. Hence, the Board is
    discharged.
    Matter is adjd. to 03.07.2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-07-2021
    
    Date: 03-07-2021
    Business: due to covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-08-2021
    
    Date: 24-08-2021
    Business: court is on leave
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-11-2021
    
    Date: 17-11-2021
    Business: As Court is busy in hearing, arguments in NM, SU 1954/21 on the board. Hence, board is discharged and matter adjourned.
    Matter is adjd. to 12.01.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-01-2022
    
    Date: 12-01-2022
    Business: Due to SOP only urgent matters are taken up.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-03-2022
    
    Date: 16-03-2022
    Business: Adv.Nitin Rakshe for Plff. present.
    Adv.Bhakti Walawalkar for Deft.No. 4 present and filed V/P TOR and marked as Exh. 5.
    She also filed register N/m no. 397/20.-
    Deft. No. 4 in person present.
    Order on N/m No.397/20
    The N/m no. 397/20 is filed for condonation of delay caused in filing written statement by Deft.No. 4. He has stated that he could not contact his Ld. advocate but due to one or the other reason his written statement was not filed on record.Ld. Adv. for Plff. has no objection to allow the N/m subject to payment of cost.
    I have heard both the Ld. advocates. The N/m 397/2020 is allowed subject to payment of cost Rs. 500/- to be paid by Deft. No. 4 jointly to the plaintiff.
    Written statement of Deft. No. 4 be taken on record on payment of cost.
    N/m no. 397/2020 disposed off accordingly.
     After passing of the order Deft. No. 4 immediately paid the cost to the Ld. Adv. for the Plff.who acknowledges the same on roznama. Hence written statement of Deft. No. 4 taken on record and marked as Exh. 6- Copy is served upon Ld. advocate for Plff.
    Plff. to file service affidavit for Deft. No. 1 and 2.
    Matter is adjd. to 30-03-2022 for argument of N/m.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-03-2022
    
    Date: 30-03-2022
    Business: Adv. Nitin Rakshe for plaintiff present and files service affidavit. TOR.
    Adv. Bhakti Walawalkar for defendant no. 4 present.
    Adv. Pathak h/f Adv. Kandekar for MHADA/defendant no. 1 and 2 present.
    None present for defendant no. 3.
    Matter is adjd. to 19-04-2022 for hearing N/m.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-04-2022
    
    Date: 19-04-2022
    Business: Adv. Nitin Rakshe for plaintiff present.
    Defendant no. 4 Dilip Jawkar in person present and seeks time as his advocate is not present. Time is granted.
    Adv. Pathak h/f Adv. Kandekar for MHADA present.
    Matter is adjd. to 09-06-2022 for  N/m hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-06-2022
    
    Date: 19-04-2022
    Business: Adv. Nitin Rakshe for plaintiff present.
    Defendant no. 4 Dilip Jawkar in person present and seeks time as his advocate is not present. Time is granted.
    Adv. Pathak h/f Adv. Kandekar for MHADA present.
    Matter is adjd. to 09-06-2022 for  N/m hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-06-2022
    
    Date: 09-06-2022
    Business: Adv. Rakshe for plaintiff present.
    Defendant no. 4 Dilip Javkar in person present and seek time as his advocate is not present. - Time is granted.
    Adv. Pathak h/f Adv. Kandekar for MHADA present.
    Defendant no. 4 is directed to remain present along with his advocate on next date. Failing which necessary order will be pass.
    Matter is adjd. to 02-08-2022 for N/m hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-08-2022
    
    Date: 09-06-2022
    Business: Adv. Rakshe for plaintiff present.
    Defendant no. 4 Dilip Javkar in person present and seek time as his advocate is not present. - Time is granted.
    Adv. Pathak h/f Adv. Kandekar for MHADA present.
    Defendant no. 4 is directed to remain present along with his advocate on next date. Failing which necessary order will be pass.
    Matter is adjd. to 02-08-2022 for N/m hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-08-2022
    
    Date: 02-08-2022
    Business: Adv. Nitin E. Rakshe for plaintiff present.
    Adv. Bhakti Valvalkar for defendant no. 4 present.
    Heard Both the sides.
    Matter is adjd. to 18.08.2022 for NM order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 18-08-2022
    
    Date: 02-08-2022
    Business: Adv. Nitin E. Rakshe for plaintiff present.
    Adv. Bhakti Valvalkar for defendant no. 4 present.
    Heard Both the sides.
    Matter is adjd. to 18.08.2022 for NM order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 18-08-2022
    
    Date: 18-08-2022
    Business: Plaintiff no. 2 present.
    Defendant no.4 present.
    Adv. Pathak h/f Adv. Kandekar for Mhada is present.
    This matter is fixed for NM order, perusing the CIS and the written statement it appears that the another suit in respect of the same suit property in between same parties is pending on tomorrows board, therefore it is better to keep this matter on tomorrows board.
    Matter is adjd. to 19.08.2022 for NM order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 19-08-2022
    
    Date: 18-08-2022
    Business: Plaintiff no. 2 present.
    Defendant no.4 present.
    Adv. Pathak h/f Adv. Kandekar for Mhada is present.
    This matter is fixed for NM order, perusing the CIS and the written statement it appears that the another suit in respect of the same suit property in between same parties is pending on tomorrows board, therefore it is better to keep this matter on tomorrows board.
    Matter is adjd. to 19.08.2022 for NM order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 19-08-2022
    
    Date: 19-08-2022
    Business: Adv. Nitin Rakshe for plaintiff present.
    Defendant no. 1 present.
    Adv. Harshida Darji h/f Adv. Kandekar for deft./MHADA present.
    Matter is adjd. to 03.09.2022 for order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 03-09-2022
    
    Date: 19-08-2022
    Business: Adv. Nitin Rakshe for plaintiff present.
    Defendant no. 1 present.
    Adv. Harshida Darji h/f Adv. Kandekar for deft./MHADA present.
    Matter is adjd. to 03.09.2022 for order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 03-09-2022
    
    Date: 03-09-2022
    Business: As per office order no. 178/22 dtd. 25.08.2022, Declared special holiday on account of Ganesh Festival on 03.09.2022.
    Hence, Matter is adjd.to 14.09.2022 for NM order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 14-09-2022
    
    Date: 03-09-2022
    Business: As per office order no. 178/22 dtd. 25.08.2022, Declared special holiday on account of Ganesh Festival on 03.09.2022.
    Hence, Matter is adjd.to 14.09.2022 for NM order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 14-09-2022
    
    Date: 14-09-2022
    Business: Court is busy in hearing arguments in St. No. 10065/22, Dictating order in NM No. 2703/22 in Suit No. 559/22 and Dictating order in NM No. 1645/18 in Suit No. 840/14.
    Matter is adjd. to 29.09.2022 for NM order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 29-09-2022
    
    Date: 14-09-2022
    Business: Court is busy in hearing arguments in St. No. 10065/22, Dictating order in NM No. 2703/22 in Suit No. 559/22 and Dictating order in NM No. 1645/18 in Suit No. 840/14.
    Matter is adjd. to 29.09.2022 for NM order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 29-09-2022
    
    Date: 29-09-2022
    Business: Mother of plaintiff present.
    Defendant present.
    Adv Pathak H/f Adv Kandekar present for MHADA
    Matter is adjd. to 06.10.2022 for NM orders.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 06-10-2022
    
    Date: 29-09-2022
    Business: Mother of plaintiff present.
    Defendant present.
    Adv Pathak H/f Adv Kandekar present for MHADA
    Matter is adjd. to 06.10.2022 for NM orders.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 06-10-2022
    
    Date: 06-10-2022
    Business: Adv. Nitin Rakshe for plaintiff present and tendered citation. Copy of citation supplied to defendant.
    Defendant present.
    Adv Pathak H/f Adv Kandekar present for MHADA/Deft.
    Matter is adjd. to 17.10.2022 for NM Order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 17-10-2022
    
    Date: 06-10-2022
    Business: Adv. Nitin Rakshe for plaintiff present and tendered citation. Copy of citation supplied to defendant.
    Defendant present.
    Adv Pathak H/f Adv Kandekar present for MHADA/Deft.
    Matter is adjd. to 17.10.2022 for NM Order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 17-10-2022
    
    Date: 17-10-2022
    Business: Adv. Nitin Rakshe present for plaintiff.
    Adv. Pathak H/f Adv Kandekar present for MHADA/Deft.
    Adv. Bhakti Walavalkar for defendant no. 4 present.
    Heard the defendants on citation, Hence Matter is adjd. to 05.11.2022 for ORDERS NM NO.4872/19.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 05-11-2022
    
    Date: 17-10-2022
    Business: Adv. Nitin Rakshe present for plaintiff.
    Adv. Pathak H/f Adv Kandekar present for MHADA/Deft.
    Adv. Bhakti Walavalkar for defendant no. 4 present.
    Heard the defendants on citation, Hence Matter is adjd. to 05.11.2022 for ORDERS NM NO.4872/19.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 05-11-2022
    
    Date: 05-11-2022
    Business: Plaintiff present.
    Adv. Pathak h/f Adv. Kandekar for deft.no. 1/MHADA present.
    Deft.no. 4 and his Adv. Rutuja Patil present.
    Court is busy in dictating order in ch/s no. 987/16 in suit 1449/11.
    Matter is adjd. to 25.11.2022 for NM Order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 25-11-2022
    
    Date: 05-11-2022
    Business: Plaintiff present.
    Adv. Pathak h/f Adv. Kandekar for deft.no. 1/MHADA present.
    Deft.no. 4 and his Adv. Rutuja Patil present.
    Court is busy in dictating order in ch/s no. 987/16 in suit 1449/11.
    Matter is adjd. to 25.11.2022 for NM Order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 25-11-2022
    
    Date: 25-11-2022
    Business: Plaintiff present.
    Deft.no. 4 present.
    Adv. Pathak h/f Adv. Kandekar for MHADA/Deft present.
    Adv. Rutuja Patil Deft.no. 4 present.
    Matter is adjd. to 16.12.2022 for NM Orders.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 16-12-2022
    
    Date: 25-11-2022
    Business: Plaintiff present.
    Deft.no. 4 present.
    Adv. Pathak h/f Adv. Kandekar for MHADA/Deft present.
    Adv. Rutuja Patil Deft.no. 4 present.
    Matter is adjd. to 16.12.2022 for NM Orders.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 16-12-2022
    
    Date: 16-12-2022
    Business: As Court is busy in hearing argument in NM No.4037/2022 in Suit No. 1855/22. Hence, Board is discharged.
    Matter is adjourned to 03.01.2023 for Notice of Motion Order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 03-01-2023
    
    Date: 16-12-2022
    Business: As Court is busy in hearing argument in NM No.4037/2022 in Suit No. 1855/22. Hence, Board is discharged.
    Matter is adjourned to 03.01.2023 for Notice of Motion Order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 03-01-2023
    
    Date: 03-01-2023
    Business: Plaintiff present.
    Deft.no. 4 and his Adv. Bhakti Walavalkar present.
    Adv. Pathak h/f Adv. Kandekar for MHADA/Deft present.
    F.R.S.R. the following order is passed in Notice of Motion No 4872/2019.
                                        ORDER
    1. Notice of Motion No.4872 of 2019 is hereby dismissed.
    2. Notice of Motion No. 4872 of 2019 is disposed of accordingly.
    Nature Of Disposal: DISMISSED
    Disposal Date: 03-01-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 114098/2019
    Filing Date: 18-12-2019
    First Hearing Date: 02nd January 2020
    Decision Date: 03rd January 2023
    Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    03 Jan 2023

    Order Details: Notice of Motion Pdf Text: 1 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY NOTICE OF MOTION NO.4872 OF 2019 IN S.C.SUIT NO.2684 OF 2019 (CNR NO. MHCC010-13285-2019) 1. Sachin Sadanand Jawkar ] 2. Prashant Sadanand Jawkar ] 3. Prerna Sadanand Jawkar ] @ Prerna Mandir Cardoz ].. Plaintiffs V/s. 1. The State of Maharashtra ] Through the Chief Executive Engineer ] of MHADA ] 2. The Executive Engineer (E-1 Div) ] 3. M/s. One India Construction Pvt.Ltd.…

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