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NOTICE OF MOTION

Banvarilal Chatrapal ValmikiVsRaju Banvarilala Valmiki +1 more

CNR MHCC01000193201962-COURT 62 AD-HOC ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 02nd May 2023

TrustJury record updated 16 Sept 2026

Case Overview

Registration Number
100082/2019
Registration Date
05 Jan 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 05-01-2019
    Business: Adv. Ayodhya Patki for plaintiff present and tendered original Notice of Motion No.82/2019
    None present for defendant.
    Plaintiff to serve NM on defendant.
    Adjd. to 30.01.2019 for NM service
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 30-01-2019
    
    Date: 30-01-2019
    Business: Already adjd. to 04.05.2019.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 04-05-2019
    
    Date: 18-07-2019
    Business: Court is busy in hearing NM in suit no.234/19 and court has to hear urgent matters, hence board of second session is discharged and case is adjourned to 08/11/2019.
    Defendant no.1 present.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 08-11-2019
    
    Date: 08-11-2019
    Business: Court is busy in recording evidence in suit no.4873/11, suit no.7832/00, suit no.7460/06 and suit no.7805/98, hence case is adjourned to 21/12/2019.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 21-12-2019
    
    Date: 21-12-2019
    Business: None present for Plaintiff.
    None present for Defendant.
    KB
    L. O. at 02.52 p.m.
    Defendant no.1 present.
    Adv. for plaintiff present and  application filed by plaintiff for maintenance under maintenance of Sr. Citizen Act is pending. Plaintiff is directed to file affidavit of service of said application.
    Case is adjourned to 10/03/2020 for filling draft issues/ compliance.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 10-03-2020
    
    Date: 21-12-2019
    Business: None present for Plaintiff.
    None present for Defendant.
    KB
    L. O. at 02.52 p.m.
    Defendant no.1 present.
    Adv. for plaintiff present and  application filed by plaintiff for maintenance under maintenance of Sr. Citizen Act is pending. Plaintiff is directed to file affidavit of service of said application.
    Case is adjourned to 10/03/2020 for filling draft issues/ compliance.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 10-03-2020
    
    Date: 10-03-2020
    Business: As holiday was declared on 10/03/2020, on account of Holi (2nd day), matter is taken on today\''s board and case is adjourned to
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 22-06-2020
    
    Date: 22-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 19-08-2020
    
    Date: 22-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 19-08-2020
    
    Date: 19-08-2020
    Business: Due to covid-19 pandemic and lockdown
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 18-09-2020
    
    Date: 18-09-2020
    Business: None present for Plaintiff.
    None present for Defendants.
    Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 06/11/2020.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 06-11-2020
    
    Date: 18-09-2020
    Business: None present for Plaintiff.
    None present for Defendants.
    Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 06/11/2020.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 06-11-2020
    
    Date: 06-11-2020
    Business: None present for Plaintiffs.
    None present for Defendants.
    It seems that due to Corona pandemic, parties are absent, hence case is adjourned to 08.02.2021
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 08-02-2021
    
    Date: 06-11-2020
    Business: None present for Plaintiffs.
    None present for Defendants.
    It seems that due to Corona pandemic, parties are absent, hence case is adjourned to 08.02.2021
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 08-02-2021
    
    Date: 08-02-2021
    Business: None present for both the parties.
    K.B.
    L.O. at 3.30 p.m
    Adv Mr. Saurabh Patil for plff present and brought to the notice that NM No.82/2019 taken out by the plff for restoration of earlier NM 667/2017 is pending in the matter. He seeks time to serve the deft with NM No.82/2019.
    None present for deft.
    Matter is adjd. for service of NM to 09.03.2021.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 09-03-2021
    
    Date: 09-03-2021
    Business: Adv Mr.Saurabh Patil for plff present.
    Deft No.1 present in person.
    Advocate for plff submitted that he will serve copy of NM No.82/2019 on the deft.
    Matter is adjd. for NM reply to 20.04.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 20-04-2021
    
    Date: 20-04-2021
    Business: None present for both the parties.
    Due to Covid-19 Pandemic and SOP issued by Honble High Court, as both parties are absent, matter adjourned at same stage beyond Summer Vacation.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 02-07-2021
    
    Date: 02-07-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 13-08-2021
    
    Date: 02-07-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 13-08-2021
    
    Date: 13-08-2021
    Business: None present for both the parties.
    As court is busy in hearing arguments in High Court Time Bound SU No.1627/2013 and hearing in NM No. 4281/2016 hence, this matter is adjd. at same stage to 18.10.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 18-10-2021
    
    Date: 18-10-2021
    Business: Holiday declare, Hence matter is adjd. to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 27-11-2021
    
    Date: 18-10-2021
    Business: Holiday declare, Hence matter is adjd. to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 27-11-2021
    
    Date: 27-11-2021
    Business: Court is on leave.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 15-01-2022
    
    Date: 27-11-2021
    Business: Court is on leave.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 15-01-2022
    
    Date: 15-01-2022
    Business: Adjd Due  to covid 19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 28-03-2022
    
    Date: 28-03-2022
    Business: Court is on Leave
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-06-2022
    
    Date: 17-06-2022
    Business: Court is on leave.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 14-07-2022
    
    Date: 17-06-2022
    Business: Court is on leave.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 14-07-2022
    
    Date: 14-07-2022
    Business: Adv. Gargi Warunjikar i/b Adv. Nitesh Bhutekar for plaintiff present.
    None for defendant when called.
    Plaintiff to file service affidavit in NM No. 82/19.
    Matter adjd to 18/08/2022 for affidavit of service
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 18-08-2022
    
    Date: 14-07-2022
    Business: Adv. Gargi Warunjikar i/b Adv. Nitesh Bhutekar for plaintiff present.
    None for defendant when called.
    Plaintiff to file service affidavit in NM No. 82/19.
    Matter adjd to 18/08/2022 for affidavit of service
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 18-08-2022
    
    Date: 18-08-2022
    Business: Defendant No.1 present.
    Adv.Gargi Wamanjikar for plaintiff present.
    The plaintiff filed service affidavit in NM No.82/19 t.o.r. and marked as Exh.5.
    Read the service affidavit. Defendants were served in NM No.82/2019 on 23.07.2022. They failed to file reply. Notice of motion  No.82/2019 to proceed without reply.
    Matter adjd to 29.09.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-09-2022
    
    Date: 18-08-2022
    Business: Defendant No.1 present.
    Adv.Gargi Wamanjikar for plaintiff present.
    The plaintiff filed service affidavit in NM No.82/19 t.o.r. and marked as Exh.5.
    Read the service affidavit. Defendants were served in NM No.82/2019 on 23.07.2022. They failed to file reply. Notice of motion  No.82/2019 to proceed without reply.
    Matter adjd to 29.09.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-09-2022
    
    Date: 29-09-2022
    Business: Advocate Gargi Wamanjikar for plaintiff present.
    Defendant no.1 present and filed adjournment application. T.O.R. and marked as Exh.06. O-Adjournment granted as a last chance.
    Matter adjd to 19.11.2022 for NM hearing.
    Judge
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-11-2022
    
    Date: 19-11-2022
    Business: Deft.No.1 present.
    Adv.Aniket Nagare h/f.Adv.Nitesh Bhutekar for plaintiff present.
    Adv.Rafiq Khan present and filed vakalatnama on behalf of deft.No.1 and 2 t.o.r. and marked as Exh.7.
    The defendants requested time for taking steps to file reply in NM 82/19.
    Matter adj. to 20.12.2022 for taking steps by deft.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 20-12-2022
    
    Date: 20-12-2022
    Business: PO is on leave, hence, adjourned.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 23-01-2023
    
    Date: 20-12-2022
    Business: PO is on leave, hence, adjourned.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 23-01-2023
    
    Date: 23-01-2023
    Business: Adv.Gargi Walunjekar for plaintiff present.
    Adv.Rafiq Khan for defendants present and filed say on NM 82/2019. Copy of same is kept in record.
    KB
    LO at 04.15 pm
    Adv.Gargi Walunjekar for plaintiff present.
    Adv.Rafiq Khan for defendants present and filed application for leave to file say on notice of motion. TOR and marked as Exh.8
    O-Otherside to say. Copy of same is kept in record.
    Matter adjd to 01.02.2023 for say on Exh.8.
    Next Purpose: REPLY
    Next Hearing Date: 01-02-2023
    
    Date: 23-01-2023
    Business: Adv.Gargi Walunjekar for plaintiff present.
    Adv.Rafiq Khan for defendants present and filed say on NM 82/2019. Copy of same is kept in record.
    KB
    LO at 04.15 pm
    Adv.Gargi Walunjekar for plaintiff present.
    Adv.Rafiq Khan for defendants present and filed application for leave to file say on notice of motion. TOR and marked as Exh.8
    O-Otherside to say. Copy of same is kept in record.
    Matter adjd to 01.02.2023 for say on Exh.8.
    Next Purpose: REPLY
    Next Hearing Date: 01-02-2023
    
    Date: 01-02-2023
    Business: Adv.Ms.Apurva Kulkarni h/f.Adv.Shri.Nitesh Bhutekar present with plaintiff.
    Adv.Mr.Rafiq Khan present for defendant.
    KB for reply
    LO at
    Adv. for plaintiff filed handwritten reply on Exh.8.
    Heard the advocate for defendants and the plaintiff on Exh.8.
    Following handwritten order is passed on Exh.8 which is reproduced here-in-below.
    \''\''Read the application, say. Read order dated 18.08.2022. In the interest of justice \''No reply\'' order dated 18.08.2022 is set aside subject to costs of Rs.500/- to be paid to the plaintiff.\''\''
    Matter adjd to 01/03/2023 for Hearing.
    Next Purpose: HEARING
    Next Hearing Date: 01-03-2023
    
    Date: 01-03-2023
    Business: None present for plaintiff.
    Adv.Rafiq Khan for defendant present.
    KB, LO at 04.20 pm
    Adv.Apourva Kulkarni i/b.Adv.Nitesh Bhutekar for plaintiff present and received cost as per order in last roznama. Accordingly defendant\''s reply is TOR and marked as Exh.9.
    Adv.Rafiq Khan for defendant present.
    Matter adj. to 13.04.2023 for argument in NM.
    Next Purpose: HEARING
    Next Hearing Date: 13-04-2023
    
    Date: 13-04-2023
    Business: Adv.Apurva Kulkarni h/f.Adv.Nitesh Bhutekar for plaintiff present.
    None present for defendant.
    Heard Adv.for plaintiff in NM 82/19. No argument of the defendants.
    Matter adjd to 02.05.2023 for order in NM.
    Next Purpose: ORDER
    Next Hearing Date: 02-05-2023
    
    Date: 02-05-2023
    Business: None present for plaintiff.
    Adv.Rafiq Khan for defendant present and made submission that his reply be treated as argument in NM 82/19. KB for orders.
    LO at 03.30 pm
    Adv.Ojas Kadam i/b.Adv.Nitesh Bhutekar for plaintiff present.
    KB
    LO at 06.00 pm
    F.R.S.R. the following order is passed.
    ORDER
    1. Notice of Motion No.82/2019 is allowed subject to costs of Rs.2,000/- (Rupees Two Thousand only).
    2. The order dated 16.11.2018 dismissing notice of motion No.667/2017 is set aside and said motion is restored to its original file.
    3. Compliance as to payment of costs shall be paid on or before next date.
    4. Costs shall be paid to the defendant.
    5. Notice of Motion No.82/2019 is disposed of accordingly.
    Nature Of Disposal: ALLOWED
    Disposal Date: 02-05-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 100238/2019
    Filing Date: 05-01-2019
    First Hearing Date: 05th January 2019
    Decision Date: 02nd May 2023
    Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    02 May 2023

    Order Details: Notice of Motion Pdf Text: 1 N/M NO. 82/2019 MHCC010001932019 IN THE BOMBAY CITY CIVIL COURT AT MUMBAI NOTICE OF MOTION NO. 82 OF 2019 IN NOTICE OF MOTION NO. 667 OF 2018 IN SUIT No. 510 OF 2017 (H.C. SUIT No.139 OF 1998) Banvarilal Chatrapal Valmiki ...Plaintiff Vs. 1. Raju Banvarilala Valmiki & Anr. … Defendants Appearance Learned Advocate Mr. Nitesh Bhutekar for the plaintiff. Learned Advocate Mr.Rafiq Khan for the defendants. CORAM : HHJ Rajesh A.…

    Read Full Order

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