Skip to main content
NOTICE OF MOTION

Mr. Kisan Magan WaghelaVsMr. Suresh Gandhi and Ors.

CNR MHCC0101340620193-COURT 03 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 06th October 2022

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
104899/2019
Registration Date
20 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: 10-01-2020
    Business: Adv. Babita Pandey for plaintiff present and filed original NM no. 4899/19 supported by affidavit. She also filed affidavit of service of NM no. 4899/19.
    Adv. Shegufa Ansari for defendant no. 1 and 2 present and filed VP.
    Vakalatnama filed on behalf of defendant no. 1 and 2.
    Court is busy in dictating order in suit no. 2434/17.
    Matter stands Adj for reply to NM no. 4899/19 to 11.03.2020.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 14-01-2020
    
    Date: 14-01-2020
    Business: By Precipe
    Adv. Babita Pandey for plaintiff present.
    Application for short service of writ of summons.
    Heard counsel for the plff. She pressed for urgency in the matter on the ground that the plff structure of the plaintiff is coming in the way of redevelopment by the developer by giving access.
    She prayed for short service of writ of summons. Short service is granted. Issue writ of summons to the defendant by preponing date to 07.02.2020.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 07-02-2020
    
    Date: 07-02-2020
    Business: Adv. Babita Pande for plaintiff present and filed original writ of summons. Report is awaited.
    None present for defendant.
    Matter stands Adj for report of writ of summons to 11.03.2020.
    Later on
    Adv. Shahufa Ansari for defendant no. 1 and 2 present and filed VP for defendant no. 1. She filed reply affidavit to NM and WS on behalf of defendant no. 2.
    She also sought time to  file reply to Nm and WS on behalf of defendant no.1. Time granted.
    Vakalatnama filed on behalf of defendant no. 1.
    Written Statement on behalf of defendant no. 2
    Matter stands adjn for filing reply to NM and Ws on behalf of defendant no. 1 to 11.03.2020.
    Next Purpose: REPLY
    Next Hearing Date: 11-03-2020
    
    Date: 11-03-2020
    Business: Plaintiff present.
    Adv. Babita Pande for plaintiff present and filed affidavit of service and application to proceed without reply of defendant no. 3 and 4.
    Application filed on behalf of plaintiff to proceed without reply of defendant no. 3 and 4. O-keep it for hearing
    Adv. Ansari for defendant no. 1 and 2 present and seeks time to file reply to NM. Time granted.
    Heard Ld. counsel for plaintiff on Ex-6. It appears that though the defendant no. 4 has been served the acknowledgement is not filed on record. Hence, short time granted for compliance.
    Matter stands Adj for reply to NM, compliance and hearing on Ex-6 to 17.04.2020.
    Next Purpose: REPLY
    Next Hearing Date: 17-04-2020
    
    Date: 17-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPLY
    Next Hearing Date: 06-05-2020
    
    Date: 06-05-2020
    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: REPLY
    Next Hearing Date: 28-05-2020
    
    Date: 28-05-2020
    Business: In view of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
    Next Purpose: REPLY
    Next Hearing Date: 15-06-2020
    
    Date: 15-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPLY
    Next Hearing Date: 21-09-2020
    
    Date: 21-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPLY
    Next Hearing Date: 01-12-2020
    
    Date: 01-12-2020
    Business: Adv. Babita Pandey for plaintiff present and submitted that defendant has not served the copy of reply to NM.
    None present for defendant.
    Defendant is directed to serve the copy of reply to NM.
    Matter stands Adj for reply to 28.01.2021.
    Next Purpose: REPLY
    Next Hearing Date: 28-01-2021
    
    Date: 28-01-2021
    Business: Advocate Ms. Babita Pandey for plaintiff present and submitted that copy of reply to NM is not served by the defendant on the Plaintiff.
    She seeks time to comply with roznama dated 11.03.2020.
    None for defendants.
    The case is adjourned to 20.02.2021 for compliance.
    Next Purpose: REPLY
    Next Hearing Date: 20-02-2021
    
    Date: 20-02-2021
    Business: Plaintiff present
    Advocate Ms. Babita Pandey for plaintiff present and filed application to delete defendant no.4 as the hut of defendant no.4 is already demolished and his whereabouts are not known. TOR and marked as Exh. 7.
    O- Considering reasons application is allowed.
    Plaintiff  to delete defendant no.4 from the plaint and shall submit copy of amended plaint.
    Advocate Ms. Shagufa Ansari  for defendant no. 2 present.
    Copy of Written Statement served on advocate for Plaintiff.
    Defendant no. 1 failed to file Written Statement. Suit to proceed without written statement of defendant no.1.
    Advocate for Plaintiff undertakes to file affidavit of service for defendant no.3.
    The case is adjourned to 02.03.2021 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 02-03-2021
    
    Date: 02-03-2021
    Business: None for Plaintiff.
    Advocate Ms. Shagufa Ansari for defendant no. 2 present.
    KB
    LO at 3.30pm
    Advocate Ms.Kavita Pandey for plaintiff present and submits that affidavit of service, indicating service on defendant no.3 is already filed on record.
    Perusal of affidavit of service dated 11.03.2020 reveals that defendant no.3 is served by RPAD.
    Defendant no.2 present.
    The case is adjourned to 19.03.2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-03-2021
    
    Date: 19-03-2021
    Business: Plaintiff present.
    As Court is busy in hearing in suit no. 651/13 , NM in SU No. 134/17, 1225/09, 2903/18,189/19 and also in other matters on board the case is adjourned.
    The case is adjourned to 22.04.2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-04-2021
    
    Date: 22-04-2021
    Business: Adjourned due to COVID-19 pandemic.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-07-2021
    
    Date: 15-07-2021
    Business: Court is vacant
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-09-2021
    
    Date: 28-09-2021
    Business: Matter called out at 04.13 p.m.
    Adv. Vikas Shivgan h/f Babita Pandey for plaintiff present.
    Adv. Vidhya N. Shet I/b Vaid & Associates for Deft. No.2 present.
    Matter stands adjourned to 29.11.2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-11-2021
    
    Date: 29-11-2021
    Business: Matter called out at 3.32 p.m.
    Adv. Babita Pandey for plaintiff present.  She is seeking time. Time granted.
    Adv. Shagufa Ansari for Deft. No.2 present.
    Deft. No.3 failed to file reply to NM No.4899/19.  Hence, NM to proceed without say of Deft. no.3
    Matter stands adjourned to 07.01.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-01-2022
    
    Date: 07-01-2022
    Business: Matter called out at 5.08 p.m.
    Adv. Babita Pandey for plaintiff present.
    Adv. M. A. Vaid for Deft. No.2 present.
    At the request of plaintiff\''s advocate, matter stands adjourned to
    09.02.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-02-2022
    
    Date: 09-02-2022
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-04-2022
    
    Date: 01-04-2022
    Business: Matter called out at 3.23 p.m.
    Adv. Babita Pandey for plaintiff present. She tendered document for production a/w list of document.   It is marked as Exh.8-colly.
    Adv. Vidhya Shet for Deft. No.1 and 2 present.
    Kept back.
    Later on called out at 4.05 p.m.
    Adv. Babita Pandey for plaintiff present.
    Adv. M. A. Vaid a/w Vidhya Shet for Deft. No.1 and 2 present.
    Matter stands adjourned to 11.04.2022 for NM argument (p.h).
    Next Purpose: NM  ARGUMENTS P.H.
    Next Hearing Date: 11-04-2022
    
    Date: 11-04-2022
    Business: Matter called out at 3.15 p.m.
    Adv. Babita Pandey for plaintiff present.
    Adv. M. A. Vaid I/b Vaid and Assoc. for Deft. no.1 and 2 present.
    Heard both the side.
    Closed for NM orders.
    Matter stands adjourned to 22.04.2022 for NM orders.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 22-04-2022
    
    Date: 22-04-2022
    Business: Court is on leave, Hence board is discharged. Matter adj. to next date.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 29-04-2022
    
    Date: 29-04-2022
    Business: None present.
    Matter removed from NM orders caption.
    Put up for NM hearing.
    Matter stands adjourned to 16.06.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-06-2022
    
    Date: 16-06-2022
    Business: Adv. Shivgan for plaintiff present.
    Adv. M. K. Vaid for Deft. no.2 present.
    Matter stands adjourned to 27.07.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-07-2022
    
    Date: 27-07-2022
    Business: Adv. Vikas Shivgan h/f Adv. Babita Pandey for plaintiff present.
    None present for defendant.
    Matter stands adjourned for NM hearing to 06.09.2022.
    Later on at 4.00 p.m.
    Adv. Shaikh for defendant No.1 present.
    Matter already adjourned for NM hearing to 06.09.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-09-2022
    
    Date: 06-09-2022
    Business: Adv. Babita Pandey for plaintiff present.
    Adv. Vidhyan Shet for Deft. no.2 present.
    None present for Deft. no.1 and 3.
    Heard plaintiff and Deft. no.2 on NM No.4899/2019.
    Matter stands adjourned to 06.10.2022 for NM (p.h)/order.
    Next Purpose: NM FIRST ON BOARD
    Next Hearing Date: 06-10-2022
    
    Date: 06-10-2022
    Business: Adv. Vikas Shivgan h/f Adv. Babita Pandey for plaintiff present.
    Adv. Shagufa Ansari for Deft. no.2 present.
    Following F.R.S.R. order is passed in NM No.4899/2019.
    ORDER
    1.	Notice of Motion No.4899/2019 in Suit No.3329/2019 is hereby dismissed.
    2.	Notice of Motion stands disposed off accordingly.
    Matter stands adjourned to 20.12.2022 for Issues.
    Nature Of Disposal: DISMISSED
    Disposal Date: 06-10-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 114180/2019
    Filing Date: 20-12-2019
    First Hearing Date: 10th January 2020
    Decision Date: 06th October 2022
    Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    06 Oct 2022

    Order Details: Notice of Motion Pdf Text: ..1.. IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI NOTICE OF MOTION NO.4899 OF 2019 (CNR NO.MHCC010134062019) IN S. C. SUIT NO.3329 OF 2019 Mr. Kisan Magan Waghela )..Plaintiff V/s. Mr. Suresh Gandhi and Ors. ).. Defendants Appearances : Ld. Adv. Babita Pandey for plaintiff. Ld. Adv. Vidhyan Shet for defendant No.2. CORAM : HIS HONOUR JUDGE SHAIKH AKBAR SHAIKH JAFAR COURT ROOM NO.03 DATE : 06/10/2022. ORDER 1 This notice of…

    Read Full Order

    TrustJury presents public court-record information for legal discovery and reference. Record availability and detail can vary by source and case.