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NOTICE OF MOTION

Dhammadas Shivram Bhalerao and Ors.VsMCGM And Ors.

CNR MHCC0100005920204-COURT 04 AD-HOC JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 23rd June 2023

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100016/2020
Registration Date
02 Jan 2020

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: 08-01-2020
    Business: Adv. Ms. Kalpana Mhatre  for plaintiff present and tendered original N/m No. 16/2020 @ affdvt. in support and Original Writ of summons @ affdvt. Of service.
    Adv. Ms. Patil h/f. Adv. Mr. Khandagale for MCGM/Defendant  No. 1 and 2 present.
    Defendant No.3 present. Her Adv. absent.
    On oral request of Defendants, adjournment granted.
    Adjd. to 04/03/2020 for N/m reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 04-03-2020
    
    Date: 04-03-2020
    Business: Plaintiff No.1 is present, his advocate absent.
    Adv.Khandagle for MCGM/Deft.1 and 2 present.
    Adv.Akash More for defendant No.3 is present and tendered V/P.t.o.r. it is marked at Exh-2.
    On oral request of advocate for Defendant, adjournment granted.
     Matter adjd to  17.06.2020 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-06-2020
    
    Date: 17-06-2020
    Business: Adjd to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-09-2020
    
    Date: 16-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 02-12-2020
    
    Date: 02-12-2020
    Business: Matter is already adjd to 12.02.2021 for NM Reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 12-02-2021
    
    Date: 12-02-2021
    Business: Adv. Sachin  Gelye for plaintiff present.
    Adv. Khandagale for Deft. No. 1 and 2/MCGM present.
    Adv. Akash More for Defendant No. 3
    Copy of Plaint  is received by Advocate Akash More for Defendant No.3.
    On oral request of advocate for both Defendants, adjournment granted to file reply to NM No. 16/2020.
    Matter adjd to 08/03/2021 for N/m reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 08-03-2021
    
    Date: 08-03-2021
    Business: Adv. Arpana Mhatre for plaintiff present.
    Adv. Khandagle for deft no.1 and 2/MCGM present and requests for time to file reply to NM No.16/2020. Time is granted till next date.
    None for deft no.3.
    Matter adjd to 28/04/2021 for NM Reply.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 28-04-2021
    
    Date: 28-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 14-07-2021
    
    Date: 14-07-2021
    Business: Due to Covid-19 pandemic
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 06-09-2021
    
    Date: 06-09-2021
    Business: None for plaintiff.
    Adv. Mrs. Tondwalkar for Defendant nos.1 and 2/MCGM is present and requests for time to file reply to NM.
    Time is granted till next date.
    None for defendant no.3.
    Adjd. To 11/10/2021 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 11-10-2021
    
    Date: 11-10-2021
    Business: Plaintiff no.1 present. His advocate absent.
    Adv. Mrs. Tondwalkar for Defendant nos.1 and 2/MCGM is present and requests for time to file reply to NM.
    Time is granted till next date.
    None for defendant no.3.
    Adjd. To 17/11/2021 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-11-2021
    
    Date: 17-11-2021
    Business: Adv. Sachin Gelye for Plaintiff present. Plaintiff No.1 is also present.
    Adv. Mrs. Tondwalkar for Defendant No. 1 and 2/MCGM is present.
    Adv. Pawar for Defendant No.3 present.
    All the defendants seek time to file reply to NM. Time is granted till next date as a last chance.
    Matter is adjd to 12/01/2022 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 12-01-2022
    
    Date: 12-01-2022
    Business: In view of office order no.7/2022 dated 07.01.2022 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06.01.2022 of Hon\''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s.
    Adjd. to 11/04/2022 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 11-04-2022
    
    Date: 11-04-2022
    Business: None for plaintiff.
    Adv Khandagale h/f Adv Mrs Tondwalkar for defendant nos.1 and 2 / MCGM is present and requests for time to file reply to NM. Time is granted till next date.
    None for defendant no.3
    Adjd. To 11/07/2022 for NM reply.
    L.O. at 3.23 p.m.
    Adv Dilip Medhe for defendant no.3 present and tendered Vakalatnama. TOR and marked as Exh.3  . He requests for time to file reply to NM and W/s.
    Already adjd. To 11/07/2022 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 11-07-2022
    
    Date: 11-07-2022
    Business: Adv. Siddhi Chanvan h/f Adv. Sachin Gelye for plaintiff present.
    Adv. Mrs. Tondwalkar for defendant Nos. 1 and 2/ MCGM is present and requested time to file reply to N/M. Time is granted till next date as a last chance, plaintiff is also present.
    Adv. Dilip Medhe for deft. No. 3 present and filed W/S, TOR and marked as Exh. 4. Copy is supplied to Advs. for plaintiff and deft. No. 1 and 2/MCGM.
    Adv. for Deft. No. 3 submitted that he has not yet received copy of N/M. Adv. for plaintiff states that copy of N/M is already served to the deft. No. 3.
    Adv. for plaintiff assured that she will supply additional copy of N/M to deft. No. 3 till next date.
    Adjd. to 08/08/2022 for N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 08-08-2022
    
    Date: 08-08-2022
    Business: Plaintiff present, his advocate absent.
    Adv. Mrs. Tondwalkar for defendant No. 1 and 2/ BMC is present and tendered N/M reply cum W/S, TOR and marked as Exh.5. She also tendered list of documents, TOR and marked as Exh.6. Copies thereof are supplied to plaintiff and deft. No. 3.
    Adv. Madhe for deft. No. 3 present and filed N/M reply, TOR. Copy is supplied to plaintiff and deft. Nos. 1 and 2/BMC.
    Adjd. to 26/09/2022 for N/M hrg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-09-2022
    
    Date: 26-09-2022
    Business: Adv. Mariyam for plaintiff present and requested time to argue on N/M. Time is granted till next date.
    Plaintiff No.1 is also present.
    Adv. Mrs. Tondwalkar for defendant Nos.1 and 2/ BMC is present.
    Adv. Medhe for deft. No.3 present.
    Adjd. to 14/11/2022 for N/M hrg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-11-2022
    
    Date: 14-11-2022
    Business: Court is on half day (second session) leave. Hence, board is discharged.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-12-2022
    
    Date: 09-12-2022
    Business: Adv. Mariyam h/f Adv. Sachin Gelye for plaintiff present and submitted that friend of Adv. met with accident and therefore, Adv. is busy in hospital hence, requested time to argue on N/M. Time is granted till next date.
    Adv. Mrs. Tondwalkar for defendant Nos.1 and 2/ BMC is present.
    Adv. Medhe for deft. No.3 present.
    Defendant No.3 is also present.
    Adjd. to 17/02/2023 for N/M hrg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-02-2023
    
    Date: 17-02-2023
    Business: Adv. Mariyam h/f Adv. Sachin Gelye for plaintiff present and tendered application for adjournment, TOR and marked as Exh.7.
    Both Adv. for defendants have given say on Exh.7 overleaf.
    Order on Exh.7 - Perused record and proceedings. The N/M is pending since long for hearing. Hence, as a last chance time granted.
    Adv. Mr. Suryavanshi for defendant Nos.1 and 2/ BMC is present.
    Adv. Dilip Medhe for defendant No.3 present.
    Adjd. to 06/03/2023 for N/M hrg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-03-2023
    
    Date: 06-03-2023
    Business: Adv. Sachin R. Gelye for plaintiff present.
    Adv. Mr. Suryavanshi for defendant Nos.1 and 2/ BMC is present.
    Adv. Dilip Medhe a/w Adv. Sunita Kulkarni for defendant No.3 present.
    K.B. for N/M hrg.
    L.O.
    Same appearance.
    Heard Adv. for plaintiff on N/M No.16/2020.
    Adjd. to 29/03/2023 for hrg. on N/M No.16/2020 by defendants.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-03-2023
    
    Date: 29-03-2023
    Business: Adv.Siddhi Chavan h/f. Adv.Sachin Gelye for plaintiff is present.
    Adv. Mr. Suryavanshi for defendant Nos.1 and 2 /BMC is present.
    Adv.Mr.R. J. Panchal for defendant No.3 is present.
    K.B.
    L.O.
    Same appearance.
    Heard both the sides on NM NO.16/2020.
    Matter is adjd. to  19.04.2023 for NM Order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 19-04-2023
    
    Date: 19-04-2023
    Business: Plaintiff present and his advocate absent.
    Adv. Mr. Suryavanshi for defendant no. 1 and 2/ BMC is present.
    Adv. Medhe for defendant no.3 is present.
    Due to paucity of time, matter is adjourned till next date.
    Adjd. to 29.04.2023 for NM orders.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 29-04-2023
    
    Date: 29-04-2023
    Business: Plaintiff present and his advocate absent.
    Adv. Ms. Mhatre hf Adv. Suryawanshi for defendant no. 1 and 2 / BMC is present.
    Adv. Medhe for defendant no. 3 is present.
    As court is busy in dictating judgment in Suit no. 3317/2014 and due to paucity of time, matter is adjourned till next date, matter is adjourned.
    Adjd. to 12.06.2023 for NM order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 12-06-2023
    
    Date: 12-06-2023
    Business: Court is on leave
    Next Purpose: NM  ORDERS
    Next Hearing Date: 23-06-2023
    
    Date: 23-06-2023
    Business: Plaintiff present and his advo is absent.
    Adv. Kailash Jadhav h/f Medhe for defendant NO. 3 present.
    Advocate Suryavanshi for defendant No.1 and 2/BMC present and submitted that  reply to NM be treated as WS. Hence, TOR marked as Exh.
    FRSR following order passed on NM NO. 16/2020
    ORDER
    1. Notice of Motion NO. 16/2020 is hereby made absolute in terms of prayer clause (b)
    2. Defendant No. 3 hereby temporarily restrained from creating third party interest or deposing of suit structure till decision of the suit.
    3. Rest of the prayers are rejected.
    Adjd   to 16.09.2023   for Hearing on issues/ Draft issues.
    Nature Of Disposal: ALLOWED
    Disposal Date: 23-06-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 100069/2020
    Filing Date: 02-01-2020
    First Hearing Date: 08th January 2020
    Decision Date: 23rd June 2023
    Court Number And Judge: 4-COURT 04 AD-HOC JUDGE

    Orders

    1
    Final Order 1Full order available
    23 Jun 2023

    Order Details: Notice of Motion Pdf Text: 1 N/M 16/20 (LCS No.2521/19) MHCC010000592020 IN THE CITY CIVIL COURT FOR GREATER BOMBAY AT MUMBAI NOTICE OF MOTION No.16 OF 2020 IN LONG CAUSE SUIT No.2521/2019 Dhammadas s/o. Shivram Bhalerao and 4 Ors. … Plaintiffs - Versus - 1] Municipal Corporation of Greater Mumbai 2] The Administrative Officer 3] Smt. Kalpana Shripat Pawar ... Defendants Appearance :- Ms. Chavan h/f. Mr. Gelye, Advocates for plaintiffs. Mr. Om Suryavanshi, Advocate for defendants No.1…

    Read Full Order

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