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NOTICE OF MOTION

Atul Narottam Kapadia and Anr.VsM/s. Arihant Builders Pvt. Ltd. and Anr.

CNR MHCC0100048020205-COURT 05 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 18th October 2025

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100194/2020
Registration Date
13 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: 15-01-2020
    Business: Adv. Mr. D. A. Barot for plaintiff present and tendered notice of motion no. 194/2020 alongwith affidavit t.o.r.
    Adv. Mr. Suryavanshi  for defendant MCGM Present and submits that, no permission for construction is granted till date. Put up for orders on notice of motion.
    Mater is adjd to 17.01.2020 for order on n.m.
    Next Purpose: ORDER
    Next Hearing Date: 17-01-2020
    
    Date: 17-01-2020
    Business: Adv. Mr. D. A. Barot for plaintiff present
    Adv. Mr. Suryavanshi for defendant MCGM Present.
    F. R. S. R. Following order is passed-
                          O R D E R
    The prayer for ad-interim relief is rejected.
    Mater is adjd to 10.02.2020 for reply on n.m.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 18-01-2020
    
    Date: 18-01-2020
    Business: adjd. to 10/02/2020
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 10-02-2020
    
    Date: 10-02-2020
    Business: Plaintiff present and advocate absent.
    Adv. Mr. Suryavanshi for MCGM/defendant present and seeks time. Order- Granted time.
    Matter is adjd to 18/03/2020 for reply on n.m.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 18-03-2020
    
    Date: 18-03-2020
    Business: As court is on leave.
    Matter adjd to  22/06/2020  for NM Reply Rejoinder.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 22-06-2020
    
    Date: 22-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 03-08-2020
    
    Date: 03-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 14-09-2020
    
    Date: 14-09-2020
    Business: coivd-19, adjd
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 09-10-2020
    
    Date: 09-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 09-11-2020
    
    Date: 09-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 07-12-2020
    
    Date: 07-12-2020
    Business: None present for plaintiff.
    Adv Suryawanshi present for MCGM/defendant.
    Matter adjourned for NM reply to 13.01.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 13-01-2021
    
    Date: 13-01-2021
    Business: None present for plaintiff.
    Adv Soraan present for MCGM/defendant.
    Matter adjourned for NM reply to 12.02.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 12-02-2021
    
    Date: 12-02-2021
    Business: As court is busy in hearing urgent matter in Suit No.4635/12, 467/17 and NM 3792/19 hence for want of time board is discharged.
    Matter adjourned for NM reply to 10.03.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 10-03-2021
    
    Date: 12-02-2021
    Business: As court is busy in hearing urgent matter in Suit No.4635/12, 467/17 and NM 3792/19 hence for want of time board is discharged.
    Matter adjourned for NM reply to 10.03.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 10-03-2021
    
    Date: 10-03-2021
    Business: As court is on leave hence matter is adjd. to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-04-2021
    
    Date: 16-04-2021
    Business: In view of holiday declared by Hon''ble high court hence matter is adjd. to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 25-06-2021
    
    Date: 25-06-2021
    Business: As presiding officer is on leave today hence, matter is adjourn to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 07-08-2021
    
    Date: 07-08-2021
    Business: As court is busy in hearing urgent matter Suit no. 315/15, Notice of Motion  1973/18 in Suit no. 1914/19 and Order on Chs. 736/21 in St. no. 4586/2021. Hence board is discharged.
    Hence matter is ajdj. to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 09-09-2021
    
    Date: 09-09-2021
    Business: As court is busy in hearing arguments in suit st. no. 3986/2021
    hence for want of time, Matter adjourned to.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 26-10-2021
    
    Date: 26-10-2021
    Business: None present  for plaintiff.
    Adv. Vidya Vyavahare @ Adv. Sutar present  for MCGM/defendant.
    Matter adjourned for NM hearing on 09-12-2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-12-2021
    
    Date: 09-12-2021
    Business: As court is busy in hearing arguments and dictating on order in suit no. 2973/15, and order on nm no.  1564/18 in suit no. 800/15. Hence, remaining board is discharged and hence matter is adjd. to. 10/02/22.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-02-2022
    
    Date: 10-02-2022
    Business: In view of the office order no. 07/2022 dated. 07/01/22 of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06/01/22 of Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge of COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s.
    Matter is adjd.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-03-2022
    
    Date: 08-03-2022
    Business: As presiding officer is on leave. Hence, matter is adjourned to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-04-2022
    
    Date: 30-04-2022
    Business: H.H.J gone to training programe at Uttan hence, board discharged matter adjd to.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-07-2022
    
    Date: 21-07-2022
    Business: As court is busy.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-09-2022
    
    Date: 13-09-2022
    Business: None for Plaintiff.
    Adv. Smt. Vidya Vyavahare for MCGM/ defendant  present.
    Matter is adjd for NM hearing on 09-11-2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-11-2022
    
    Date: 09-11-2022
    Business: None for Plaintiff.
    Adv Smt. Kumud Soraan for defendant/MCGM present.
    Plaintiff is directed to appear and proceed further on next date.
    Matter is adjd for NM hearing on 16-12-2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-12-2022
    
    Date: 16-12-2022
    Business: None for Plaintiff.
    Adv. Mr. Diwate for MCGM/ defendant  present.
    Plaintiff failed appear and argue on NM hence, it be kept for dismissal on next date.
    Matter is adjd for NM hearing on 03-02-2023
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-02-2023
    
    Date: 03-02-2023
    Business: As court is busy in judgment dictating in Session Case No. 346 of 2019 and urgent hearing matters i.e. Stamp No. 1166 of 2022, Stamp No. 1167 of 2022 and hearing in group matters i.e. Suit No. 313 of 2022 to 320 of 2022. Hence want of time board is discharged.
    Matter is adjd for arguments on 13-03-2023
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-03-2023
    
    Date: 13-03-2023
    Business: As presiding officer is on leave. Hence, matter is adjourned to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-06-2023
    
    Date: 16-06-2023
    Business: None for Plaintiff.
    Adv. Pradip Patil for MCGM present.
    Matter is adjd. to 26.07.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-07-2023
    
    Date: 26-07-2023
    Business: None for Plaintiff.
    Adv. Pradip Patil for MCGM present.
    Matter is adjd  to 13.09.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-09-2023
    
    Date: 13-09-2023
    Business: None for Plaintiff.
    Adv. Pradip Patil for the defendant/MCGM is present.
    Matter is adjd to 23.10.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-10-2023
    
    Date: 13-09-2023
    Business: None for Plaintiff.
    Adv. Pradip Patil for the defendant/MCGM is present.
    Matter is adjd to 23.10.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-10-2023
    
    Date: 23-10-2023
    Business: None for Plaintiff.
    Adv. Pradip Patil for MCGM present.
    Matter is adjd to 20.12.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-12-2023
    
    Date: 20-12-2023
    Business: court is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-02-2024
    
    Date: 02-02-2024
    Business: None for Plaintiff.
    Adv. Pradip Patil for MCGM present.
    Matter is adjd  to 06.03.2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-03-2024
    
    Date: 06-03-2024
    Business: None for Plaintiff.
    Adv. Vyavhare for defendant/MCGM present.
    Matter is adjd  to  08.04.2024   for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-04-2024
    
    Date: 06-03-2024
    Business: None for Plaintiff.
    Adv. Vyavhare for defendant/MCGM present.
    Matter is adjd  to  08.04.2024   for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-04-2024
    
    Date: 08-04-2024
    Business: Adv. D. A. Barot for Plaintiff present.
    Adv. Pradeep Patil for MCGM present.
    On oral request of Ld. Adv. For plaintiff matter is adjourned.
    Matter is adjd  to  24.06.2024  for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-06-2024
    
    Date: 24-06-2024
    Business: None for Plaintiff.
    Adv. G. V. Jawale for MCGM present.
    Matter is adjd  to 29.07.2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-07-2024
    
    Date: 29-07-2024
    Business: None for Plaintiff.
    Adv. G. V. Jawale for MCGM present.
    Matter is adjd  to 26.08.2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-08-2024
    
    Date: 26-08-2024
    Business: None for Plaintiff.
    Adv. G. V. Jawale for MCGM present.
    Matter is adjd  to 04.10.2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-10-2024
    
    Date: 04-10-2024
    Business: None for Plaintiff.
    Adv. G. V. Jawale for MCGM present.
    Matter is adjd  to 20.11.2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-11-2024
    
    Date: 20-11-2024
    Business: Due to holiday on account of Polling day. Earlier order if any, to continue till next date. Matter is adjourned.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-01-2025
    
    Date: 15-01-2025
    Business: None for Plaintiff.
    Adv. G. V. Jawale for MCGM present.
    Matter is adjd  to 24.02.2025 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-02-2025
    
    Date: 24-02-2025
    Business: None for Plaintiff.
    Adv. G. V. Jawale for MCGM/D-1 present.
    Matter is adjd to 16.04.2025 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-04-2025
    
    Date: 16-04-2025
    Business: The P.O. is on leave hence, matter is adjd.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-06-2025
    
    Date: 20-06-2025
    Business: None for Plaintiff.
    Adv. G. V. Jawale for MCGM present.
    Matter is adjd  to 04.08.2025 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-08-2025
    
    Date: 04-08-2025
    Business: None for Plaintiff.
    NM No. 194 of 2020 is pending since long, but plaintiff has failed to proceed with. Hence, notice of motion No. 194/20 be kept for dismissal order on next date.
    Adv. A. K. Nandanwar for MCGM/Defendant present.
    Matter is adjd to 29.08.2025 for NM for dismissal.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 29-08-2025
    
    Date: 29-08-2025
    Business: None for Plaintiff.
    Adv. G. V. Jawale for Defendant/MCGM present.
    Matter is adjd  to 26.09.2025 for NM dismissal.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 26-09-2025
    
    Date: 26-09-2025
    Business: None for Plaintiff.
    Keep Back
    Later on.
    None present.
    Matter is adjd  to   18/10/2025  for dismissal order.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 18-10-2025
    
    Date: 18-10-2025
    Business: None for Plaintiff.
    Adv. Sachin Vajale for defendant/BMC present.
        Record and roznama  shows that plaintiff and his advocate remained absence from 24.06.2024. Inspite of keeping the NM No. 194/20 for dismissal order, nobody present on behalf of plaintiff, not filed any application. It seems that plaintiff is not interested to proceed with this notice of motion No. 194/20. Hence, notice of motion No. 194/2020 stands dismissed in default.
    Matter is adjd  to 27.11.2025 for dismissal of suit.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 18-10-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 100552/2020
    Filing Date: 13-01-2020
    First Hearing Date: 15th January 2020
    Decision Date: 18th October 2025
    Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    18 Oct 2025
    Order Details: Other
    Pdf Text: 18.10.2025 CORAM: SHRI A. D. SALUNKHE ADDL. SESSIONS JUDGE C.R.NO.5
    SU. 94/20
    NM 194/20
    None for Plaintiff.
    Adv. Sachin Vajale for defendant/BMC present.
    Record and roznama shows that plaintiff and his advocate remained
    absence from 24.06.2024. Inspite of keeping the NM No. 194/20 for
    dismissal order, nobody present on behalf of plaintiff, not filed any
    application. It seems that plaintiff is not interested to proceed with this
    notice of motion No. 194/20. Hence, notice of motion No. 194/2020
    stands dismissed in default.
    Matter is adjd to 27.11.2025 for dismissal of suit.
    Judge
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