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NOTICE OF MOTION

Anil Vishnu Pawar +1 moreVsRavindra Anant Pawar +2 more

CNR MHCC01000398201919-COURT 19 PRINCIPAL JUDGE CITY CIVIL AND SESSIONS COURT
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--ALLOWED
Decision Date: 25th November 2024

TrustJury record updated 17 Sept 2026

Case Overview

Registration Number
100138/2019
Registration Date
10 Jan 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    5

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 24-04-2019
    Business: Matter adj. for Compliance and Affidavit of Service to 05.07.2019.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 05-07-2019
    
    Date: 05-07-2019
    Business: Plaintiff present.  Advocate Mr. Ansari for Plaintiff present
    Advocate for Defendant no. 1 present
    Court is busy in hearing Notice of Motion in suit no.8489/1993 which is Hon\''ble High Court Time Bound matter and court has to her Notice of Motion in suit no.1398/09, hence case is adjourned to 24/09/2019.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 24-09-2019
    
    Date: 24-09-2019
    Business: Matter called out(3.24pm)
    None present.
    Matter is adj to 19/11/19 for taking steps
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 19-11-2019
    
    Date: 19-11-2019
    
    Date: 11-02-2020
    Business: Advocate A. A. Ansari for Plaintiff present and filed affidavit of service in respect of Defendant no.2 and 3, t.o.r.
    Advocate Abhay Thorat for Defendant no.1 present
    None present for Defendant nos.2 and 3.
    Reply to Notice of Motion no.138/2019 is already filed by Defendant no.1 however Defendant nos.2 and 3 have not filed its reply hence NM to proceed without reply of those Defendants.
    Case is adjourned to 23/04/2020 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-04-2020
    
    Date: 23-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-05-2020
    
    Date: 14-05-2020
    Business: Due to Covid 19 pandemic, matters are adjourned as per Office order no.77.2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-06-2020
    
    Date: 03-06-2020
    Business: Case is adjd.to 20.06.20 in view of extension of Lockdown period as per office order no.83/20 dtd.01.06.20
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-06-2020
    
    Date: 20-06-2020
    Business: National Lock down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-08-2020
    
    Date: 18-08-2020
    
    Date: 22-10-2020
    Business: Adv. A.A. Ansari @ plaintiff present.
     None present for Defendants.
    Due to Corona pandemic, it seems that defendant  are absent, hence case is adjourned to 25.01.2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-01-2021
    
    Date: 25-01-2021
    Business: Adv Mr. Ansari for plff present.
    None present for deft.
    As nobody is present for deft, considering present pandemic condition, matter is adjd. for NM hearing to 03.04.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-04-2021
    
    Date: 03-04-2021
    Business: Adv A.A. Ansari for plff present.
    Adv Abhay Thorat for deft No.1 present and seeks adjournment.
    By consent, matter adjourned for NM hearing to 10.06.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-06-2021
    
    Date: 10-06-2021
    Business: None present for the plaintiff.
    Adv. Abhay Thorat for the defendant No.1 present.
    As nobody is present for the plaintiff, considering the present Pandemic Condition, matter adjourned at same stage till next date.
    Adjourned for NM hearing to 12.07.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-07-2021
    
    Date: 12-07-2021
    Business: None present for plff.
    Adv Mr. Abhay Thorat for deft No.1 present and seeks time to take out a notice of motion either for rejection of plaint or return of plaint.
    As nobody is present for the plff, considering present pandemic condition and SOP issued by Hon’ble High Court, matter is adjourned at same stage till next date.
    Matter is adjd. for NM hearing to 27.08.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-08-2021
    
    Date: 27-08-2021
    Business: Adv Mr. A. Ansari   for plff present.
    Adv Mr. Ganesh Kale for deft No.1 present and filed draft Notice of Motion along with affidavit in support for rejection of the plaint. O-Leave to register is granted with direction to supply copy to the other side. Copy served on the adv. for the plff.
    Matter is adjd. for NM reply and hearing to 12.10.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-10-2021
    
    Date: 12-10-2021
    Business: Adv Mr. Ansari present for plff.
    Deft No.1 present in person and tendered registered N.M.No.2218/2021 along with affidavit in support.
    Adv. for plff filed reply in N.M.No.2218/2021.
    Copy of reply served on deft.
    By consent, matter is adjd. for NM hearing to 29.11.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-11-2021
    
    Date: 29-11-2021
    Business: Court is on leave
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-01-2022
    
    Date: 29-11-2021
    Business: Court is on leave
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-01-2022
    
    Date: 05-01-2022
    Business: Adv Mr. A.A. Ansari present for plff. and filed draft ch/s alongwith affidavit in support for bringing on record HLRs of plff No.2.
    O-Leave to register is granted.
    Av Mr. Abhay Thorat present for deft.No.1 and endorsed his no objection on ch/s itself.
    Plff to serve the Ch/s on deft Nos.2 and 3.
    Matter is adjd. for service of Ch/s to 23.02.2022.
    Next Purpose: CHAMBER SUMMONS SERVICE
    Next Hearing Date: 23-02-2022
    
    Date: 23-02-2022
    Business: Court is on leave,
    Next Purpose: CHAMBER SUMMONS SERVICE
    Next Hearing Date: 22-03-2022
    
    Date: 23-02-2022
    Business: Court is on leave,
    Next Purpose: CHAMBER SUMMONS SERVICE
    Next Hearing Date: 22-03-2022
    
    Date: 22-03-2022
    Business: Adv Mr. A.A.Ansari present for plff. and tendered registered Ch/s No.37/2022 alongwith affidavit in support. He also filed affidavit of service.
    Deft No.1 present with his Adv Mr. Abhay Thorat.
    Deft Nos.2 and 3 did not appear despite service of the Ch/s.
    Deft No.1 has already given no objection on ch/s No.37/2022.
    Statement made in the affidavit filed in support of ch/s about causing death of plf No.2 Dharma Pawar on  27.10.2021 are supported by copy of death certificate. There is no resistance to the statements made in the affidavit that the proposed plffs are only the HLRs of deceased plff No.2. Considering it and as it appears that cause of action is surviving to proceed with the suit with plff No.1 and HLRs of deceased plff No.2, Ch/s No.37/2022  is allowed as prayed.
    Amendment as per the schedule be carried out within two weeks from today.
    After the amendment is carried out, copies of amended plaint to serve on the defts.
    Matter is adjd. for compliance to 20.06.2022.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 20-06-2022
    
    Date: 20-06-2022
    Business: Plaintiff and defendant present.
    Adv.A.A. Ansari for plaintiff present.
    Adv. for defendant absent.
    The pltff. filed service affidavit in respect of amended plaint and NM No.138/19 on the deft. No.2 and 3 t.o.r. and marked as Exh.3. The plaintiff today served copy of amended plaint on defendant No.1 personally, who accepted the service.
    Deft.No.1 to take steps in his NM in respect of Legal Heirs of deceased deft.No.2.
    Matter adjd to 10.08.2022 at morning for steps and hearing of notices of motion.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 10-08-2022
    
    Date: 20-06-2022
    Business: Plaintiff and defendant present.
    Adv.A.A. Ansari for plaintiff present.
    Adv. for defendant absent.
    The pltff. filed service affidavit in respect of amended plaint and NM No.138/19 on the deft. No.2 and 3 t.o.r. and marked as Exh.3. The plaintiff today served copy of amended plaint on defendant No.1 personally, who accepted the service.
    Deft.No.1 to take steps in his NM in respect of Legal Heirs of deceased deft.No.2.
    Matter adjd to 10.08.2022 at morning for steps and hearing of notices of motion.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 10-08-2022
    
    Date: 10-08-2022
    Business: Defendant No.1 present.
    Adv.A.A. Ansari for plaintiff present.
    Defendant No.1 failed to take steps in respect of Legal Heirs of deceased defendant No.2 in NM filed by defendant No.1. Hence, said NM is kept for order.
    Matter adjd to 28.09.2022 for order against deft.No.1.
    Next Purpose: ORDER
    Next Hearing Date: 28-09-2022
    
    Date: 28-09-2022
    Business: None present for plaintiff.
    Adv. Mr. Abhay Thorat for defendant No.1 present.
    K.B. Later on 04.15 p.m.
    Adv. A. A. Ansari present for plaintiff.
    Adv. Mr. Abhay Thorat for defendant No.1 present and requested for time to comply the amendment in NM.
    Amendment may carried out.
    Matter adjd to 05/12/2022 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 05-12-2022
    
    Date: 05-12-2022
    Business: Plaintiff and deft.No.1 present.
    Adv.A.A. Ansari for plaintiff present.
    Adv.Abhay Thorat for deft.No.1 present.
          Defendant No.1 furnished copy of amended NM No.2218/21 to the plaintiff. The Adv.for the deft.No.1 submits that he has received copy of amended plaint. Plaintiff to file service affidavit in respect to the amendment in the plaint and defendant No.1 to file service affidavit of amendment in NM in respect of rest of the defendants.
    Matter adjd to 20.02.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-02-2023
    
    Date: 20-02-2023
    Business: Adv.A. A. Ansari for plaintiff present.
    Adv.Abhay Thorat for defendant No.1 present.
    The Ad.for defendant wants to serve the amended copy of NM on the plaintiff. He requested for time.
    Read the copy of summons dated 05.02.2019. Defendant No.2 and 3 are served with the suit summons. They failed to appear. Suit to proceed ex-parte against defendant No.2 and 3.
    Matter adjd to 30.03.2023 for service affidavit of amendment in NM No.2218/21.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 30-03-2023
    
    Date: 30-03-2023
    Business: Defendant No.1 present.
    Adv.Ansari for plaintiff present.
    Adv.Abhay Thorat for defendant No.1 present and filed service affidavit of amendment in NM No.2218/21. TOR and marked as Exh.4.
    Matter adj. to 21.06.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-06-2023
    
    Date: 21-06-2023
    Business: Adv. A. A. Ansari for plaintiff present.
    Adv. Abhay Thorat for defendant no.1.
    From the perusal of the service affidavit Exh.4. It appears that the defendant no.2 and 3 have been duly served with the NM but they didnt file their reply to it. Hence, the NM be heard without reply of defendant no.2 and 3. On the request of the plaintiff advocate hearing on NM adjourned.
    Matter is adjd. to 03-08-2023 for hearing on NM.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-08-2023
    
    Date: 03-08-2023
    Next Purpose: NM  ORDERS
    Next Hearing Date: 23-08-2023
    
    Date: 03-08-2023
    Business: Adv. Ansari for plaintiff present.
    Adv. Abhay Thorat for defendant no. 1 present.
    Heard both sides in NM No. 2218/21.
    Matter is adjd.to  23-08-2023 for NM Order
    Next Purpose: NM  ORDERS
    Next Hearing Date: 23-08-2023
    
    Date: 23-08-2023
    Next Purpose: NM  ORDERS
    Next Hearing Date: 06-09-2023
    
    Date: 23-08-2023
    Business: Adv. A.A.Ansari for plaintiff present.
    Defendant in person is present
    Court is busy in recording evidence hence, matter is adjourned.
    Matter is adjd. for NM order to 06/09/2023.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 06-09-2023
    
    Date: 06-09-2023
    Business: Adv. A. A. Ansari for plaintiff present.
    Defendant in person present.
    Matter is adjd.to 18-09-2023 for Order
    Next Purpose: NM  ORDERS
    Next Hearing Date: 18-09-2023
    
    Date: 18-09-2023
    Business: Adv.  Ansari for plaintiff present.
    Adv. Tanaji Jadhav for defendant present.
    Matter is adjd.to   30-09-2023 for Order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 30-09-2023
    
    Date: 30-09-2023
    Next Purpose: NM  ORDERS
    Next Hearing Date: 16-10-2023
    
    Date: 30-09-2023
    Business: Adv. Ansari for plaintiff present.
    None for defendant
    Matter is adjd.to 16-10-2023 for NM Order
    Next Purpose: NM  ORDERS
    Next Hearing Date: 16-10-2023
    
    Date: 16-10-2023
    Business: None for plaintiff.
    None for defendant
    As Court is busy in hearing ad-interim matter, hence, matter adjourned.
    Matter is adjd.to 25-10-2023 for NM Order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 25-10-2023
    
    Date: 25-10-2023
    Business: Adv. Ansari for plaintiff present.
    None for defendant
    As Court is busy in hearing in another matter. Hence, matter is adjourned.
    Matter is adjd.to 06-11-2023 for NM Order
    Next Purpose: NM  ORDERS
    Next Hearing Date: 06-11-2023
    
    Date: 06-11-2023
    Business: Adv. A. A. Ansari for plaintiff present.
    None for defendant
    Matter is adjourned to 28-11-2023 for NM no. 2218/21 for order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 28-11-2023
    
    Date: 28-11-2023
    Business: Court is on leave.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 12-12-2023
    
    Date: 12-12-2023
    Business: I
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-01-2024
    
    Date: 12-01-2024
    Business: I
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-02-2024
    
    Date: 21-02-2024
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-03-2024
    
    Date: 26-03-2024
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-06-2024
    
    Date: 20-06-2024
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-08-2024
    
    Date: 17-08-2024
    Business: Adv. Ansari along with plaintiff present.
    Defendant in person is present and seeking adjournment on the ground of illness of his advocate.
    Matter is adjourned to 14-10-2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-10-2024
    
    Date: 14-10-2024
    Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
    SHRI. A. SUBRAMANIAM (C. R. NO.19)
    Matter received from Court Room No.62 as per order dtd. 08.10.2024
    Deft No.
    Adv. Abhay Thorat for defendant No.1 present.
    Plaintiff and his advocate absent. Considering that it is first date matter is placed for arguments of NM at 11.00am on 04.11.2024.
    Later on
    Plaintiff No.1 present.
    Adv. A. A. Ansari for plaintiff No.1 is present.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-11-2024
    
    Date: 14-10-2024
    Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
    SHRI. A. SUBRAMANIAM (C. R. NO.19)
    Matter received from Court Room No.62 as per order dtd. 08.10.2024
    Deft No.
    Adv. Abhay Thorat for defendant No.1 present.
    Plaintiff and his advocate absent. Considering that it is first date matter is placed for arguments of NM at 11.00am on 04.11.2024.
    Later on
    Plaintiff No.1 present.
    Adv. A. A. Ansari for plaintiff No.1 is present.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-11-2024
    
    Date: 04-11-2024
    Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
    SHRI. A. SUBRAMANIAM (C. R. NO.19)
    Plaintiff No.1 is present.
    Adv. A. A. Ansari for plaintiff present.
    Adv. Abhay Thorat for defendant No.1 is present.
    Advocate of defendant seeks time. By consent fixed on 21.11.2024 for Hearing on NM.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-11-2024
    
    Date: 04-11-2024
    Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
    SHRI. A. SUBRAMANIAM (C. R. NO.19)
    Plaintiff No.1 is present.
    Adv. A. A. Ansari for plaintiff present.
    Adv. Abhay Thorat for defendant No.1 is present.
    Advocate of defendant seeks time. By consent fixed on 21.11.2024 for Hearing on NM.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-11-2024
    
    Date: 21-11-2024
    Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
    SHRI. A. SUBRAMANIAM (C. R. NO.19)
    Adv. A. A. Ansari for plaintiff present.
    Adv. Sagar Sonawane h/f Adv. Abhay Thorat for defendant present.
    Heard Ld. Counsel for the plaintiff. No arguments advanced of advocate on behalf of defendant. Matter placed for order
    Adjourned on 25.11.2024 at 11.00am for NM Order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 25-11-2024
    
    Date: 21-11-2024
    Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
    SHRI. A. SUBRAMANIAM (C. R. NO.19)
    Adv. A. A. Ansari for plaintiff present.
    Adv. Sagar Sonawane h/f Adv. Abhay Thorat for defendant present.
    Heard Ld. Counsel for the plaintiff. No arguments advanced of advocate on behalf of defendant. Matter placed for order
    Adjourned on 25.11.2024 at 11.00am for NM Order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 25-11-2024
    
    Date: 25-11-2024
    Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
    SHRI. A. SUBRAMANIAM (C. R. NO.19)
    Plaintiff present.
    Defendant No.1 present.
    Adv. Abhay Thorat for defendant No.1 present.
    Order regarding ex-parte against defendant No.2 and 3 is already passed on 20.02.2023.
    Advocate on behalf of the defendant submits that they do not intend to create any third party rights with regard to the suit property till the disposal of the suit without express permission of this court. Said statement is accepted. In view of this statement notice of motion disposed off by accepting this undertaking. Notice of Motion No.138 of 2019 disposed off accordingly.
    Adjourned on 09.12.2024 for Draft Issues.
    Later on
    Adv. A. A. Ansari for plaintiff present.
    Nature Of Disposal: ALLOWED
    Disposal Date: 25-11-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 100405/2019
    Filing Date: 10-01-2019
    First Hearing Date: 24th April 2019
    Decision Date: 25th November 2024
    Court Number And Judge: 19-COURT 19 PRINCIPAL JUDGE CITY CIVIL AND SESSIONS COURT

    Orders

    1
    Final Order 1
    25 Nov 2024
    Order Details: Other
    Pdf Text: ...5...
    Sr. No.59
    25.11.2024
    Suit 3185/18 @
    N/M 138/19
    CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
    SHRI. A. SUBRAMANIAM (C. R. NO.19)
    Plaintiff present.
    Defendant No.1 present.
    Adv. Abhay Thorat for defendant No.1 present.
    Order regarding ex-parte against defendant No.2 and 3 is already
    passed on 20.02.2023.
    Advocate on behalf of the defendant submits that they do not intend
    to create any third party rights with regard to the suit property till
    the disposal of the suit without express permission of this court. Said
    statement is accepted. In view of this statement notice of motion
    disposed off by accepting this undertaking. Notice of Motion No.138
    of 2019 disposed off accordingly.
    Adjourned on 09.12.2024 for Draft Issues.
    Later on
    Adv. A. A. Ansari for plaintiff present.
    Sd/-
    Principal Judge,
    Gr. Mumbai.
    -- 1 of 1 --

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