NOTICE OF MOTION
Sandeep Shantaram BhowadVsAssistant Engineer +2 more
CNR MHCC01000727201911-COURT 11 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 16th September 2023
TrustJury record updated 17 Sept 2026
Case Overview
- Registration Number
- 100293/2019
- Registration Date
- 21 Jan 2019
Advocates
1For Petitioner
For Respondent
Not available
Parties
4Petitioner
Respondent
Acts & Sections
1Protection of Women from Domestic Violence Act · Sec 9
Case History / Proceedings
Case History
Date: 23-01-2019 Business: Advocate Mr. Tejas Patil for Plaintiff present and filed registered NM No.293/19 with affidavit in support, t.o.r. Advocate for BMC filed reply-cum-written statement Exh.4 with list of documents Exh.5, t.o.r. Earlier order to continue till next date. Case is adjourned to 01/02/2019 for hearing of NM. Next Purpose: NM FOR HEARING Next Hearing Date: 01-02-2019 Date: 01-02-2019 Business: Advocate Mr. Tejas Patil for Plaintiff present and filed additional affidavit in support of Notice of Motion, t.o.r. Advocate Ms. Tondwalkar for BMC/Deft present. Arguments of Plaintiff\''s advocate partly heard upto 4.30 p.m. As court has to entertain one newly registered suit and court has to pass one NM order, further arguments of Plaintiff\''s advocate will be heard on next date. Earlier order to continue till next date. Case is adjourned to 06/02/2019 for Hearing of NM. Next Purpose: NM FOR HEARING Next Hearing Date: 06-02-2019 Date: 06-02-2019 Business: Adv. Tejas Patil for Plaintiff present and submitted that documents referred in list filed at Page no. 66 of plaint are not discussed in speaking order further the guideline of the GR dt. 16.05.2015 are not considered therefore the speaking order is bad in law and hence notice structure requires protection from the court. Adv. Tondwalkar for BMC/Deft present and argued by referring the documents filed by BMC that the documents on record make it clear that designated officer has considered GR dt. 16.05.2015. It is argued that Plaintiff in Para 1 of the plaint has contended that he is using the upper portion of suit premises as a residential premises. However the agreement by which Plaintiff has purchasing premises is related to shop and not to residential house. It is argued that Plaintiff has not filed photo pass issued by slum authority as such according to Defendant advocate of Plaintiff has not produce any document of authorization of notice structure hence NM is necessary to be disposed off. Case is adjourned to 11.02.2019 for order. Earlier order to continue till next date. Next Purpose: NM ORDERS Next Hearing Date: 11-02-2019 Date: 11-02-2019 Business: (Incharge Court of C.R. No.11) Plaintiff Present and his Adv. Absent. Advocate Ms. Tondwalkar for BMC/Deft present. Earlier Order to continue till next date. Case is adjourned to 20.2.2019 for NM Order. Next Purpose: NM ORDERS Next Hearing Date: 20-02-2019 Date: 20-02-2019 Business: Court is busy in dictating orders in Suit No. 2131/17 and Suit No. 1334/18 Hence board is discharged and case is adjd to 11/03/2019. Earlier order to continue if any till next date. Next Purpose: NM ORDERS Next Hearing Date: 11-03-2019 Date: 11-03-2019 Business: Court is busy in hearing Notice of Motion in suit no.1328/15 and court has to hear urgent matters, hence case is adjourned to 26/03/2019. Earlier order to continue till next date. Next Purpose: NM ORDERS Next Hearing Date: 26-03-2019 Date: 26-03-2019 Business: Advocate Mr.Tejas Patil for Plaintiff present. Advocate Ms. Chavan for BMC/Deft present. Court is busy in hearing final arguments in suit no.6974/97 and hearing Notice of Motion in suit no.8900/2000, hence case is adjourned to 12/04/2019 for Order of NM. Earlier order to continue till next date. Next Purpose: NM ORDERS Next Hearing Date: 12-04-2019 Date: 12-04-2019 Business: Court is on leave. Hence today board is discharged. Next Purpose: NM ORDERS Next Hearing Date: 24-04-2019 Date: 24-04-2019 Business: None for plaintiff. Advocate Ms.Tondwalkar for defendant/MCGM present. KB LO at 4.47pm Same appearance. Earlier order to continue till next date. The Case is adjd. To 17.06.2019 for NM hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 17-06-2019 Date: 17-06-2019 Business: Advocate Mitali Salunke h/f adv. Tejas Patil for plaintiff present. Advocate Mr. Giri h/f adv. Ms.Chavan for defendant /MCGM present. Earlier order to continue till next date. The case is adjourned to 22.07.2019 for NM hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 22-07-2019 Date: 22-07-2019 Business: Court is on leave. Hence today board is discharged. Next Purpose: NM FOR HEARING Next Hearing Date: 21-08-2019 Date: 21-08-2019 Business: Advocate Ms. Dipali Salunkhe for plaintiff present. Advocate Giri h/f adv. Ms. Chavan for defendant/MCGM present and sought time. Time is granted. Earlier order to continue till next date. The case is adjourned to 16.10.2019 for NM hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 16-10-2019 Date: 16-10-2019 Business: The case is adjourned to 04.12.2019 for NM dismissal. Next Purpose: NM FOR DISMISSAL Next Hearing Date: 04-12-2019 Date: 04-12-2019 Business: Adv. Mr. Tejas Patil for plaintiff, prayed for adjd to re-argue the matter. Adv. Mr. Giri for deft./MCGM present. Earlier order to continue till next date. Matter is adjd. for NM hearing on 18.12.2019. Next Purpose: NM FOR HEARING Next Hearing Date: 18-12-2019 Date: 18-12-2019 Business: None present for plaintiff. Adv. Chavan for defendant MCGM. Plaintiff to argue positively on next date. Earlier order to continue till next date. Matter is adjd. for to 08.01.2020. Next Purpose: NM FOR HEARING Next Hearing Date: 08-01-2020 Date: 08-01-2020 Business: None for plaintiff present. Adv. Mrs. Chavhan for deft./MCGM present, ready for argument. Despite specific endorsement on last date i.e. to argue positively on today, none is present for plff. Hence, Plaintiff to note on next date EOC may be vacated. Plaintiff to argue positively on next date. Matter is adjd. for NM hearing on 15.01.2020. Next Purpose: NM FOR HEARING Next Hearing Date: 15-01-2020 Date: 15-01-2020 Business: Adv. Mr. Tejas Patil for plaintiff present. Adv. Mrs. Chavhan for deft./MCGM present. Not possible to reach. Earlier order, if any, to continue till next date. Matter is adjd. for NM argument on 03.02.2020. Next Purpose: NM ARGUMENTS Next Hearing Date: 03-02-2020 Date: 03-02-2020 Business: None for plaintiff. Adv. Mrs. Tondawalkar for deft./MCGM present, prayed for adjd. Earlier order, if any, to continue till next date. Matter is adjd. for NM argument on 12.02.2020. Next Purpose: NM ARGUMENTS Next Hearing Date: 12-02-2020 Date: 12-02-2020 Business: Adv. Mr. Tejas Patil for plff. present. Adv. Mrs. Chavhan for deft./MCGM present. Not possible to reach. Matter is adjd.for NM argument on 26.02.2020. Next Purpose: NM ARGUMENTS Next Hearing Date: 26-02-2020 Date: 26-02-2020 Business: Adv. Mr. Tejas Patil for plaintiff present. Adv. Mrs. Mhatre for deft./MCGM, prayed for adjd. Matter is adjd. for NM hearing on 20.03.2020. Next Purpose: NM FOR HEARING Next Hearing Date: 20-03-2020 Date: 20-03-2020 Business: None for plaintiff present. Adv. Mrs. Mhatre h/f adv.Chavan for deft./MCGM present. Matter is adjd. for NM hearing on 17.04.2020. Next Purpose: NM FOR HEARING Next Hearing Date: 17-04-2020 Date: 17-04-2020 Business: National Lockdown. Next Purpose: NM FOR HEARING Next Hearing Date: 28-05-2020 Date: 28-05-2020 Reason For Adjournment: National Lock Down Next Purpose: NM FOR HEARING Next Hearing Date: 15-06-2020 Date: 15-06-2020 Business: National Lockdown Next Purpose: NM FOR HEARING Next Hearing Date: 06-08-2020 Date: 06-08-2020 Business: Adjd. to Next Purpose: NM FOR HEARING Next Hearing Date: 23-10-2020 Date: 23-10-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: NM FOR HEARING Next Hearing Date: 08-12-2020 Date: 08-12-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: NM FOR HEARING Next Hearing Date: 05-02-2021 Date: 05-02-2021 Next Purpose: NM FOR HEARING Next Hearing Date: 30-03-2021 Date: 30-03-2021 Business: None present for plff. Adv. Tondwalkar for deft./MCGM present. Earlier order, if any, to continue till next date. Matter is adjourned for 24.06.2021 Next Purpose: NM FOR HEARING Next Hearing Date: 24-06-2021 Date: 24-06-2021 Business: Due to covid-19 matter adjourned to next date Next Purpose: NM FOR HEARING Next Hearing Date: 12-08-2021 Date: 12-08-2021 Business: CORAM : H.H.J. SHRI S.D. KULKARNI, (C.R.NO.08)(Matter pertains to C.R. No.11) None for plaintiff. Adv. Adv Khandagale for deft./MCGM present. Earlier order if any, to continue till next date. Matter is adjd. for NM hearing to 21.09.2021. Next Purpose: NM FOR HEARING Next Hearing Date: 21-09-2021 Date: 21-09-2021 Business: Court is Vacant. Matter adj. to next date. Next Purpose: NM FOR HEARING Next Hearing Date: 28-10-2021 Date: 28-10-2021 Business: Court is Vacant. Matter adj. to next date Next Purpose: NM FOR HEARING Next Hearing Date: 16-12-2021 Date: 16-12-2021 Business: None present for Plaintiff. Adv. Ms. Mhatre for Defendant/MCGM is present. Adjourned for NM dismissal to 20/01/2022. Next Purpose: NM FOR DISMISSAL Next Hearing Date: 20-01-2022 Date: 20-01-2022 Business: None present for plaintiff. Adv. Mr. Mhatre for defendant/MCGM is present. In view of office order no. 07/2022 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. Adjourned for NM dismissal to 31.03.2022. Next Purpose: NM FOR DISMISSAL Next Hearing Date: 31-03-2022 Date: 31-03-2022 Business: Adv. Mr. Tejas Patil for plaintiff is present and submitted that earlier the NM was argue before the Court and was posted for order. He orally requested time for NM hearing on the next date. Granted. The caption is changed. Adv. Mr. Khandagale h/f Adv. Mhatre for defendant/MCGM is present. Earlier order, if any, to continue till the next date. Adjourned for NM hearing to 12.07.2022. Next Purpose: NM FOR HEARING Next Hearing Date: 12-07-2022 Date: 12-07-2022 Business: Adv. Mr. Tejas Patil for the plaintiff is present and orally requested time for NM hearing. Adv. Ms. J.V. Mhatre for defendant/MCGM is present and strongly objected to consider this request. The record shows that sufficient time is already granted to the plaintiff to argue the NM. Time an again, the plaintiff was directed to argue the NM and as he failed, it was posted for dismissal. Even today, he is not ready to argue the NM. It is, thus, clear that he is not interested to proceed further. In the result, to avoid delay, this request is discarded and the interim stands vacated. Adjourned for NM hearing to 13.09.2022. Next Purpose: NM FOR HEARING Next Hearing Date: 13-09-2022 Date: 13-09-2022 Business: Adv. Mr. Tejas Patil for the plaintiff is present and filed additional affidavit in NM No. 293/2019. Copy is supplied to the other side. Adv. Mrs. J.V. Mhatre h/f Adv. Tawakuli for defendants/MCGM is present. Adjourned for NM hearing to 20.10.2022. Next Purpose: NM FOR HEARING Next Hearing Date: 20-10-2022 Date: 20-10-2022 Business: Adv. Rajesh Patil for the plaintiff is present and orally requested time for NM hearing. Granted as a last chance. Adv. J.V. Mhatre for defendant/MCGM is present. Adjourned for NM hearing to 17.12.2022. Next Purpose: NM FOR HEARING Next Hearing Date: 17-12-2022 Date: 17-12-2022 Business: None present for the plaintiff. Adv. Mrs. J.V. Mhatre for defendant/MCGM is present. Adjourned for NM hearing to 16.02.2023. Next Purpose: NM FOR HEARING Next Hearing Date: 16-02-2023 Date: 16-02-2023 Business: None present for the plaintiff to proceed with the suit. Adv. Mrs. S.G. Chavan for defendant/MCGM is present. Adjourned for NM dismissal to 28.03.2023. Next Purpose: NM FOR DISMISSAL Next Hearing Date: 28-03-2023 Date: 28-03-2023 Business: None present for the plaintiff to proceed with the suit. Adv. Mrs. S.S. Chavan for defendant/MCGM is present. Adjourned for NM dismissal to 04.05.2023. Next Purpose: NM FOR DISMISSAL Next Hearing Date: 04-05-2023 Date: 04-05-2023 Business: None present for the plaintiff to proceed with the suit. Adv. Mrs. S.S. Chavan for defendant/MCGM is present. Adjourned for NM dismissal to 18.08.2023. Next Purpose: NM FOR DISMISSAL Next Hearing Date: 18-08-2023 Date: 18-08-2023 Business: None present for the plaintiff. Adv. Mr. G.O. Giri for defendant/MCGM is present. Adjourned for NM dismissal to 16.09.2023. Next Purpose: NM FOR DISMISSAL Next Hearing Date: 16-09-2023 Date: 16-09-2023 Business: None present for the plaintiff to proceed with the NM. NM 293/2019 stands dismissed in default. Adv. Khandagale h/f Adv. Mrs. Chavan for defendant/MCGM is present. Adjourned for draft issues to 07.11.2023. Nature Of Disposal: DISMISSED IN DEFAULT Disposal Date: 16-09-2023
Additional Case Details
Additional Case Details
Filing Number: 100779/2019 Filing Date: 21-01-2019 First Hearing Date: 23rd January 2019 Decision Date: 16th September 2023 Court Number And Judge: 11-COURT 11 ADDL SESSIONS JUDGE
Orders
1Final Order 116 Sept 2023
16 Sept 2023
Order Details: Other Pdf Text: 16.09.2023 Sr. No. 64 CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11) SU 2050/18 NM 293/19 None present for the plaintiff to proceed with the NM. NM 293/2019 stands dismissed in default. Adv. Khandagale h/f Adv. Mrs. Chavan for defendant/MCGM is present. Adjourned for draft issues to 07.11.2023. Judge -- 1 of 1 --
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