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NOTICE OF MOTION

Santosh Ambaji KambleVsKusum A. Kamble and Ors.

CNR MHCC01000800202062-COURT 62 AD-HOC ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--ALLOWED
Decision Date: 26th February 2026

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100314/2020
Registration Date
18 Jan 2020

Advocates

1

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 27-01-2020
    Business: (Matter pertains to C.R. N o.09)
    Adv. Rajiv Dixit present for Plaintiff.
    Defendant No.1 and 3 present in person.
    Defendant No.1 and3 filed written statement subject to filing notice of motion for condonation of delay.
    Case is adjourned to 18/02/2020 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 18-02-2020
    
    Date: 18-02-2020
    Business: None present for Plaintiff.
    Defendant no.3, Ms. Vandana present at 1.50 p.m. and submitted that his mother is suffering from breast cancer and filed an application for condonation of delay caused in filing Written Statement, Defendant no.3 is appearing in person hence it seems that she is not having knowledge of the fact that Notice of Motion is required to be filed for condonation of delay, hence the application filed by Defendant no.3 today is being returned to her and she is directed to file Notice of Motion.  Defendant no.3 also filed an application for appointment of commissioner for examination of Defendant no.1.  Said application is t.o.r. and marked as Exh.3. Defendant no.3 is directed to serve copy of this application upon Plaintiff.
    K.B. matter at 2.45 p.m. for appearance of Plaintiff.
    L.O.
    Advocate Tripathi for Plaintiff present and filed registered Notice of Motion no.314/2020 with affidavit in support, t.o.r.  Defendant no.3 served copy of application Exh.3 on Plaintiff\''s advocate.
    Case is adjourned to 13/04/2020 for reply on Exh.3 and for filing NM by Defendant no.3 for condonation of delay caused in filing Written Statement of Defendant no.3.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 13-04-2020
    
    Date: 13-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 28-04-2020
    
    Date: 13-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 28-04-2020
    
    Date: 28-04-2020
    Business: National Lock down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 19-05-2020
    
    Date: 19-05-2020
    Business: Due to Covid 19 pandemic, matters are adjourned as per Office order no.78.2020
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 06-06-2020
    
    Date: 19-05-2020
    Business: Due to Covid 19 pandemic, matters are adjourned as per Office order no.78.2020
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 06-06-2020
    
    Date: 06-06-2020
    Business: Case is adjd.to 24.06.20 in view of extension of Lockdown period as per office order no.83/20 dtd.01.06.20
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 24-06-2020
    
    Date: 24-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 21-08-2020
    
    Date: 24-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 21-08-2020
    
    Date: 21-08-2020
    Business: Adjd. to 08.10.2020 due to Covid-19.
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 08-10-2020
    
    Date: 21-08-2020
    Business: Adjd. to 08.10.2020 due to Covid-19.
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 08-10-2020
    
    Date: 08-10-2020
    Business: None present for plaintiffs.
    None present for Defendants.
    Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 11/01/2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-01-2021
    
    Date: 11-01-2021
    Business: Adv Mr. Rajesh Dixit for Plaintiff present in the morning sessions and mentioned the matter. He seeks time to file reply to the Notice of Motion of Defendant.
    Matter is kept back.
    L.O.
    None appeared for Defendant.
    Advocate for the Plaintiff had mentioned the matter in the morning session for claiming time to file reply. As nobody is present for the Defendant, matter is adjd. for reply of Plaintiff to Notice of Motion to 23.03.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 23-03-2021
    
    Date: 23-03-2021
    Business: Deft No.3 present in person and mentioned the matter in the morning session. She filed application Exh.4 along with copy of death certificate to show that deft No.1 expired on 15.04.2020. She has prayed to refer the matter for mediation. O- Call say of the plff.
    Since it is informed that deft No.1 has expired, plff to take steps.
    Matter is on board of afternoon session hence kept back.
    L.O. at 3.20 p.m.
    Adv Mr. Dixit for plff present and filed application Exh.5 for deleting the name of deft No.1. Copy served on deft no.3.
    Deft No.3 present in person and seeks time to file reply.
    Matter is adjd. for reply to 10.06.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 10-06-2021
    
    Date: 10-06-2021
    Business: Adv. Dixit h/f. Adv. Tripathi for the plaintiff present.
    None present for the defendants.
    Considering the present Pandemic Condition, matter adjourned for reply of defendants on Exh.5 to 06.08.2021.
    Next Purpose: REPLY
    Next Hearing Date: 06-08-2021
    
    Date: 06-08-2021
    Business: Plff present in person.
    None present for the defts.
    Deft no.3 has filed death certificate with application Exh.4 which shows that defendant no.1 has expired on 15.04.2020. Thereafter, plff has filed application Exh.5 for deleting the name of deft No.1 from the suit. Deft Nos.2 and 3 failed to file reply to said application. Since the contention raised in the application about causing death of deft no.1 is supported by the copy of death certificate as mentioned above and since it appears from the contents of application Exh.4 that deft no.3 has contended that
    deft Nos.2 and 3 are the legal heirs of deceased deft No.1 so also, considering the statements in the plaint that plff is claiming himself to be the son of deceased  deft no.1, application Exh.5 is allowed. Plff shall carry out the necessary amendment within two weeks from today and shall serve the copy of amendment plaint on deft nos.2 and 3.
    Matter is adjd. for reply of plff on Exh.4 and compliance to 28.09.2021.
    Next Purpose: REPLY
    Next Hearing Date: 28-09-2021
    
    Date: 28-09-2021
    Business: Adv Mr. Dixit for plff present and seeks extended time to effect amendment as per order passed below Exh.5 on  06.08.2021. O- Time extended by two weeks from today.
    Adv Mr.Prathamesh Nirkhe h/f Adv Ms.Phadke appeared and filed vakalatnama on behalf of deft No.3 at Exh.6.
    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: 21-01-2022
    
    Date: 29-11-2021
    Business: Court is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-01-2022
    
    Date: 21-01-2022
    Business: Court is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-03-2022
    
    Date: 28-03-2022
    Business: Court is on Leave
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-06-2022
    
    Date: 16-06-2022
    Business: Preciding Officer is on Leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-07-2022
    
    Date: 16-06-2022
    Business: Preciding Officer is on Leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-07-2022
    
    Date: 19-07-2022
    Business: wrongly on board. Already adjd to 28.07.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-07-2022
    
    Date: 19-07-2022
    Business: wrongly on board. Already adjd to 28.07.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-07-2022
    
    Date: 28-07-2022
    Business: Adv. V. R. Tripathi for plaintiff present.
    Plaintiff present.
    Defendant No.3 he remain absent & failed to file motion for condonation of delay as directed on 18.02.2020  read the roznama dated 02.11.2019 suit is  proceeded Ex-parte against Def. No. 1, 2
     & 3
    Matter adjd 10.10.2022 to  for Service affidavit
    Judge
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 10-10-2022
    
    Date: 10-10-2022
    Business: Plaintiff present.
    Adv.Tripathi for plaintiff present. He requested time to file service affidavit.
    None present for deft.
    Matter adjd to 12.12.2022 for service affidavit.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 12-12-2022
    
    Date: 10-10-2022
    Business: Plaintiff present.
    Adv.Tripathi for plaintiff present. He requested time to file service affidavit.
    None present for deft.
    Matter adjd to 12.12.2022 for service affidavit.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 12-12-2022
    
    Date: 12-12-2022
    Business: Court is on leave hence matter Adjourned
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 10-02-2023
    
    Date: 10-02-2023
    Business: court is on leave.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 10-04-2023
    
    Date: 10-02-2023
    Business: court is on leave.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 10-04-2023
    
    Date: 10-04-2023
    Business: Adv.Rajesh Dixit h/f.Adv.Tripathi for plaintiff present.
    None present for defendant.
    Matter adjd to 18.07.2023 for service affidavit.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 18-07-2023
    
    Date: 10-04-2023
    Business: Adv.Rajesh Dixit h/f.Adv.Tripathi for plaintiff present.
    None present for defendant.
    Matter adjd to 18.07.2023 for service affidavit.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 18-07-2023
    
    Date: 18-07-2023
    Business: Court is on leave.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 11-09-2023
    
    Date: 11-09-2023
    Business: Pliantiff in person present.
    Defendant No. 3 in person present.
    Matter is adjd.to 23-10-2023 for affidavit of service
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 23-10-2023
    
    Date: 23-10-2023
    Business: Adv. Rajesh Dixit for plaintiff  present.
    Adv. Vikas Kale for defendant present and filed VP for def.no.3 t.o.r. marked as Exh.7
    Matter is adjd.to 15-12-2023 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 15-12-2023
    
    Date: 15-12-2023
    Business: Court is on leave.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 22-01-2024
    
    Date: 22-01-2024
    Business: None for plaintiff.
    None for defendant
    Matter is adjourned to 02-03-2024 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 02-03-2024
    
    Date: 02-03-2024
    Business: I
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-04-2024
    
    Date: 23-04-2024
    Business: Adv. V. R. Tripathi a/w  plaintiff present.
    Defendant no. 3 in person present.
    Matter is adjourned to 18-07-2024 for NM Hrg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-07-2024
    
    Date: 18-07-2024
    Business: Adv. Rajesh Dixit for plaintiff present.
    None for defendant
    Matter is adjourned to  09-09-2024 for NM Hrg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-09-2024
    
    Date: 09-09-2024
    Business: Court is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-10-2024
    
    Date: 23-10-2024
    Business: Court is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-12-2024
    
    Date: 03-12-2024
    Business: None for plaintiff.
    None for defendant.
    Matter is adjourned to 28.01.2025 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-01-2025
    
    Date: 03-12-2024
    Business: None for plaintiff.
    None for defendant.
    Matter is adjourned to 28.01.2025 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-01-2025
    
    Date: 28-01-2025
    Business: Court is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-02-2025
    
    Date: 28-02-2025
    Business: Court is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-04-2025
    
    Date: 02-04-2025
    Business: Adv. Rajesh Dixit present for plaintiff.
    None present for defendant.
    Heard in NM No. 314 of 2020.
    Matter is adjourned for NM Order to 19-04-2025.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 19-04-2025
    
    Date: 19-04-2025
    Business: None for plaintiff present.
    Def. No. 3 in person present.
    Matter is adjourned to 17.06.2025 for NM order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 17-06-2025
    
    Date: 17-06-2025
    Business: Adv. Tripathi for plaintiff present.
    None for defendants.
    Matter is adjourned to 23.06.2025 for NM re-argument.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-06-2025
    
    Date: 23-06-2025
    Business: Adv. Tripathi for plaintiff present.
    None for defendant.
    Matter is adjourned to 03.07.2025 for order.
    Next Purpose: ORDER
    Next Hearing Date: 03-07-2025
    
    Date: 03-07-2025
    Business: Adv. Dixit for plaintiff present.
    None for defendant.
    Matter is adjourned to 21.07.2025 for order.
    Next Purpose: ORDER
    Next Hearing Date: 21-07-2025
    
    Date: 21-07-2025
    Business: Court is on leave.
    Next Purpose: ORDER
    Next Hearing Date: 30-07-2025
    
    Date: 30-07-2025
    Business: None for plaintiff.
    None for defendant.
    Matter is adjourned to 25.09.2025 for NM re-argument.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 25-09-2025
    
    Date: 25-09-2025
    Business: Court is on leave.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 10-10-2025
    
    Date: 10-10-2025
    Business: Court is on leave.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 07-11-2025
    
    Date: 07-11-2025
    Business: CORAM : H.H.J. SHRI. P. G. BHOSALE (C.R. NO.62)
    Adv. Rajesh Dixit for plaintiff present.
    None for defendant.
    Matter is adjourned to 03.12.2025 for NM argument.
                                                                                            Judge
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 03-12-2025
    
    Date: 03-12-2025
    Business: CORAM : H.H.J. SHRI. P. G. BHOSALE (C.R. NO.62)
    Adv. Tripathi alongwith plaintiff present.
    None for defendant.
    Matter is adjourned to 25.02.2026 for NM hearing.
                                                                                            Judge
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 25-02-2026
    
    Date: 25-02-2026
    Business: CORAM : H.H.J. SHRI. N. V. JIWANE (C.R. NO.62)
    Adv. V. R. Tripathi for plaintiff present.
    None for defendant.
    Heard advocate for plaintiff on NM no. 314/2020.
    Matter is adjourned to 26.02.2026 for NM order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 26-02-2026
    
    Date: 26-02-2026
    Business: CORAM : H.H.J. SHRI. N. V. JIWANE (C.R. NO.62)
    None for plaintiff present.
    None for defendant.
    F.R.S.R. following order is passed in NM No. 314/2020
    ORDER
    1.Notice of motion No.314 of 2020 is allowed in respect of prayer clause (a) of notice of motion.
    2.Notice of motion No. 314 of 2020 is disposed of accordingly.
    Nature Of Disposal: ALLOWED
    Disposal Date: 26-02-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 100762/2020
    Filing Date: 18-01-2020
    First Hearing Date: 27th January 2020
    Decision Date: 26th February 2026
    Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    26 Feb 2026

    Order Details: Notice of Motion Pdf Text: MHCC010008002020 Presented on 18/01/2020 Registered on 18/01/2020 Decided on 26/02/2026 Duration 06Y/01M/08D IN THE BOMBAY CITY CIVIL COURT, AT BOMBAY NOTICE OF MOTION NO.314 OF 2020 IN S.C. SUIT NO.989 OF 2019 Santosh Ambaji Kamble …. Plaintiff Versus 1. Kusum Ambaji Kamble (Deleted) 2. Sunil Ambaji Barshikar & Anr. …. Defendants CORAM : HIS HONOUR JUDGE N.V. JIWANE C.R.NO.. : 62. DATE : 26.02.2026. ---------------------------------------------------------------------------------------------- Adv. V. R.Tripathi for plaintiff. None for Defendants.…

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