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NOTICE OF MOTION

Nanda Uttam KshirsagarVsLaxmi Developers

CNR MHCC0101462120181-COURT 01 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--PLAINT REJECTED
Decision Date: 08th January 2021

TrustJury record updated 15 Sept 2026

Case Overview

Registration Number
104434/2018
Registration Date
27 Nov 2018

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: 27-11-2018
    Reason For Adjournment: court time is over
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 24-01-2019
    
    Date: 24-01-2019
    Reason For Adjournment: court time is over
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 15-03-2019
    
    Date: 15-03-2019
    Business: Resumed.
    The P.O. is busy in hearing ad-interim arguments in Suit No. 650/2019 and 588/2019.  For want of time the board is discharged.
    Adjd for NM reply to 25.06.2019.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 25-06-2019
    
    Date: 25-06-2019
    Business: Adv. Sameer Sawant for plaintiff present.
    Adv. Megha Keluskar  for deft. nos. 1 to 9 present.
    Vakalatnama filed on behalf of deft. nos .1 to 9.  O-Seen.
    It appears from the record that deft. nos. 1 to 4, 10 and 11 appeared in the matter on 3.11.2018.  They failed to file their written statement within stipulated period of 90 days. Hence, the suit is proceeded without written statement against defendant nos. 1 to 4, 10 and 11.
    Matter is adjourned for written statement of deft. nos. 5 to 9  and reply of the defendants to NM to 23.8.2019.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 23-08-2019
    
    Date: 23-08-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 15-10-2019
    
    Date: 23-08-2019
    Business: Advocate Mr. Sameer Sawant for plaintiff present.
    Advocate Mr. Sharma for defendant nos. 1 to 9 present and filed draft NM. Leave is granted to register NM. Copy supplied to the plaintiff.
    Advocate Mr. Dhananjay Joshi for defendant no.10 present.
    Adjourned for NM reply to 15.10.2019.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 15-10-2019
    
    Date: 15-10-2019
    Business: Adv. Sameer Sawant for plaintiff present.
    Adv. Megha Keluskar for  defendant nos. 1 to 9 present.
    The Ld. Advocate for the defendant nos. 1 to 9 tendered registered NM no. 3479/19.
    Adjourned for reply to NM to 9.12.2019.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 09-12-2019
    
    Date: 09-12-2019
    Business: Adv. Snehal along with Adv. Mr. Sameer Sawant for plaintiff present.
    Adv. Mr. Sharma for deft. nos.1 to 9 present.
    Adv. for plaintiff filed reply to N/M no.3479/19.  T.O.R.
    Copy is given by Adv. for plaintiff to Adv. Mr. Sharma.
    Adv. Mr. Sharma filed reply to N/M no.4434/18.  T.O.R.
    Copy is given by Adv. Mr. Sharma to Adv. for plaintiff.
    The matter is adjd for N/M hearing to 21.01.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-01-2020
    
    Date: 21-01-2020
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-02-2020
    
    Date: 21-01-2020
    Business: Adv. Sameer Sawant for plaintiff present.
    Adv. Anand Pai along with Adv. Neha Keluskar for deft. nos.1 to 9 present.
    Ld. counsel for plaintiff seeks time to file rejoinder to the reply filed by deft. nos.1 to 9.  Time is granted.
    The matter is adjd for rejoinder to N/M and hearing to 12.02.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-02-2020
    
    Date: 12-02-2020
    Business: Adv. Sameer Sawant for plaintiff present.
    Adv. Megha Keluskar for deft. nos.1 to 9 present.
    Rejoinder filed by plaintiff to the reply in N/M no.4434/18.  T.O.R.
    The matter is adjd for hearing on N/M to 30.03.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-03-2020
    
    Date: 30-03-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-04-2020
    
    Date: 30-03-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-04-2020
    
    Date: 22-04-2020
    Business: As per office order no.77/2020 dated 43.5.2020 and due to lock-down, matter is adjourned.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-06-2020
    
    Date: 22-04-2020
    Business: As per office order no.77/2020 dated 43.5.2020 and due to lock-down, matter is adjourned.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-06-2020
    
    Date: 02-06-2020
    Business: In view of declaration of Novel Corona Virus (Covid 19) as global Pandemic by WHO and Office Order no.83/2020, matter is adjourned
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-06-2020
    
    Date: 19-06-2020
    Business: In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-11-2020
    
    Date: 19-06-2020
    Business: In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-11-2020
    
    Date: 11-11-2020
    Business: None present.
    Writ received from Hon\''ble Supreme Court vide S.C. (Civil) No. S-(39)/2020/2045/20 dated 14.10.2020 in petition(s) for Special Leave to Appeal (C) No.(s)4365-4366/2020 having order dated 02.03.2020.
    O. - Seen. Concerned to comply the writ.
    Issue notice to the parties on Court motion for hearing on pending N/M No.3479/19 and N/M No.4434/18.
    The matter is adjourned to 03.12.2020 for N/M hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-12-2020
    
    Date: 11-11-2020
    Business: None present.
    Writ received from Hon\''ble Supreme Court vide S.C. (Civil) No. S-(39)/2020/2045/20 dated 14.10.2020 in petition(s) for Special Leave to Appeal (C) No.(s)4365-4366/2020 having order dated 02.03.2020.
    O. - Seen. Concerned to comply the writ.
    Issue notice to the parties on Court motion for hearing on pending N/M No.3479/19 and N/M No.4434/18.
    The matter is adjourned to 03.12.2020 for N/M hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-12-2020
    
    Date: 03-12-2020
    Business: None for plaintiff.
    Adv. Anand Pai along with Adv. Deepak Sharma for deft. nos.1 to 9 present.
    None present on behalf of deft. nos.10 and 11.
    Ld. Counsel for deft. nos.1 to 9 is ready for hearing of N/M No.4434/18 and N/M No.3479/19.  This Court has issued notice on Court motion as the Hon\''ble Supreme Court has directed this Court to take up the motion for hearing on 30.03.2020.  Neither the plaintiff nor his advocate appeared before this Court today for the hearing.  The notice report is also not received.  Again, issue notice on Court motion to the plaintiff and deft. nos.10 and 11 and the respective advocate of plaintiff and deft. no.10.  The office to serve the notice as directed on priority.
    The matter is adjd for report and N/M hearing to 10.12.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-12-2020
    
    Date: 10-12-2020
    Business: Power of attorney of plaintiff Dilip Nathyabhai Kshirsagar present.
    Adv. Solanki along with Adv. Megha Keluskar for deft. nos.1 to 9 present.
    The power of attorney of plaintiff submits that his advocate is unwell.  He further submits that his advocate had conversation with the adv. for deft. nos.1 to 9.  The Ld. Counsel of deft. nos.1 to 9 present and submitted that there was conversation with the counsel for plaintiff and they have no objection for adjournment for today.  They submitted that the matter by mutual consent agreed to be kept on 18.12.2020.
    By consent, the matter is adjd for N/M hearing to 18.12.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-12-2020
    
    Date: 10-12-2020
    Business: Power of attorney of plaintiff Dilip Nathyabhai Kshirsagar present.
    Adv. Solanki along with Adv. Megha Keluskar for deft. nos.1 to 9 present.
    The power of attorney of plaintiff submits that his advocate is unwell.  He further submits that his advocate had conversation with the adv. for deft. nos.1 to 9.  The Ld. Counsel of deft. nos.1 to 9 present and submitted that there was conversation with the counsel for plaintiff and they have no objection for adjournment for today.  They submitted that the matter by mutual consent agreed to be kept on 18.12.2020.
    By consent, the matter is adjd for N/M hearing to 18.12.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-12-2020
    
    Date: 18-12-2020
    Business: Adv. Sameer Sawant for plaintiff present.
    Adv. Anand Pai along with Adv. Deepak Sharma i/b. DMS Legal for deft. nos.1 to 9 present.
    Heard argument of Ld. Counsel for plaintiff and deft. nos.1 to 9 on N/M No.4434/18 and N/M no.3479/19.
    The matter is adjd for order on N/M No.4434/18 and N/M no.3479/19 to 08.01.2021.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 08-01-2021
    
    Date: 18-12-2020
    Business: Adv. Sameer Sawant for plaintiff present.
    Adv. Anand Pai along with Adv. Deepak Sharma i/b. DMS Legal for deft. nos.1 to 9 present.
    Heard argument of Ld. Counsel for plaintiff and deft. nos.1 to 9 on N/M No.4434/18 and N/M no.3479/19.
    The matter is adjd for order on N/M No.4434/18 and N/M no.3479/19 to 08.01.2021.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 08-01-2021
    
    Date: 08-01-2021
    Business: Adv. Sameer Sawant for plaintiff present.
    Adv. Anand Pai along with Adv. Deepak Sharma i/b. DMS Legal for deft. nos.1 to 9 present
    F. R. S. R the following order is passed.
    ORDER
    1. N/M No. 3479/2019 is made absolute in terms of prayer clause (a) to (c) subject to costs of Rs.2500/- to be paid to the plaintiff within a period of four weeks from today.
    2.  On payment of costs, the written statement of the defendant Nos. 1 to 9 be formally taken on record.
    3.  Notice of motion is disposed off accordingly.
    F. R. S. R the following order is passed.
    ORDER
    1. N/M No. 4434/2018 stands rejected.
    2.  Costs in the cause.
    The matter is adjd for compliance to 05.02.2021.
    Nature Of Disposal: PLAINT REJECTED
    Disposal Date: 08-01-2021
    
    Date: 08-01-2021
    Business: Adv. Sameer Sawant for plaintiff present.
    Adv. Anand Pai along with Adv. Deepak Sharma i/b. DMS Legal for deft. nos.1 to 9 present
    F. R. S. R the following order is passed.
    ORDER
    1. N/M No. 3479/2019 is made absolute in terms of prayer clause (a) to (c) subject to costs of Rs.2500/- to be paid to the plaintiff within a period of four weeks from today.
    2.  On payment of costs, the written statement of the defendant Nos. 1 to 9 be formally taken on record.
    3.  Notice of motion is disposed off accordingly.
    F. R. S. R the following order is passed.
    ORDER
    1. N/M No. 4434/2018 stands rejected.
    2.  Costs in the cause.
    The matter is adjd for compliance to 05.02.2021.
    Nature Of Disposal: PLAINT REJECTED
    Disposal Date: 08-01-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 115624/2018
    Filing Date: 27-11-2018
    First Hearing Date: 27th November 2018
    Decision Date: 08th January 2021
    Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1
    08 Jan 2021
    Order Details: Notice of Motion
    Order 1
    08 Jan 2021
    Order Details: Notice of Motion

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