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NOTICE OF MOTION

Mariano Fernandes and Anr.VsAsha Nagar Phase NO.2 CHS Ltd. and Ors.

CNR MHCC0100082320204-COURT 04 AD-HOC JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 23rd August 2022

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100360/2020
Registration Date
22 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: 26-02-2020
    Business: Adv.Holamagi   for plaintiff present and tendered original NM 360/2020.
    Adv.Vaishali Ugale for defendant No.1 is present and filed reply to NM 360/2020. copy is received by advocate of plaintiff.
    Adv. Khandagle h/f adv.Hajare for MCGM/Deft.No.2 present.
    Copy received by the plaintiff.
     Matter adjd to 05.03.2020 for  rejoinder/NM hrg/ reply of Defendant.No.2.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-03-2020
    
    Date: 05-03-2020
    Business: Plaintiff present
    Adv. Vaishali Ugale for defendant No.1 is present.
    Adv. Mrs. Hajare for MCGM/Deft.2 present.
     It is stated that corporation is not contested party.
    It is stated by plaintiff that,  Adv.Holmagi is suffering from illness .
     Matter adjd to 19.03.2020 for rejoinder /NM hrg/reply of defendant No.2.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-03-2020
    
    Date: 19-03-2020
    Business: Court is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-04-2020
    
    Date: 21-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-05-2020
    
    Date: 12-05-2020
    Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No.77 of 2020 matter adjourned.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-06-2020
    
    Date: 01-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-06-2020
    
    Date: 18-06-2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-07-2020
    
    Date: 14-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-08-2020
    
    Date: 13-08-2020
    Business: adjd to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-09-2020
    
    Date: 10-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-10-2020
    
    Date: 06-10-2020
    Business: None for Plaintiff.
    None for Defendant No.1.
    Adv. Mrs. Smita Chavan h/f. Adv. Hajare for Defendant No.2/MCGM present.
    Matter adjd to 03/11/2020 for rejoinder/NM hrg/reply of
    defendant No.2.
    Next Purpose: REJOINDER
    Next Hearing Date: 03-11-2020
    
    Date: 03-11-2020
    Business: None for plaintiff.
    None for deft no.1.
    Adv. Hazara for deft no.2/MCGM present.
    Matter adjd to 26/11/2020 for Rejoinder, NM Hearing/ Reply
    of deft no.2.
    Next Purpose: REJOINDER
    Next Hearing Date: 26-11-2020
    
    Date: 26-11-2020
    Business: None for plaintiff.
    None for deft no.1
    Adv. Mrs. Hazare for deft no.2/MCGM present.
    Later On. At 12.18 pm.
    Same appearance.
    Adv. for deft no.2 requests time to file reply to NM No.360/2020.
    Time is granted till next date.
    Matter adjd to 17/12/2020 for NM reply by deft no.2 / MCGM/NM Hearing.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 17-12-2020
    
    Date: 17-12-2020
    Business: None for Plaintiff.
    Adv. Ms. Vaishali Ugale for Defendant No.1 present.
    Adv. Mrs. Hajare for Defendant No.2/MCGM present.
    Matter adjd to 21/01/2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-01-2021
    
    Date: 21-01-2021
    Business: Court is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-02-2021
    
    Date: 18-02-2021
    Business: Matter adjd to 16/03/2021 for NM Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-03-2021
    
    Date: 16-03-2021
    Business: None for plaintiff.
    Adv. Vaishali Ugale for deft no.1 present.
    Adv. Ms. Hazare for deft no.2/MCGM present.
    Matter adjd to 08/04/2021 for NM Hearing.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 08-04-2021
    
    Date: 08-04-2021
    Business: None for Plaintiff.
    None for Defendant No.1.
    Adv. Chavan h/f. Adv. Hajare for deft no.2/MCGM present.
    Matter adjd to 29/04/2021 for NM hearing.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 29-04-2021
    
    Date: 29-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 06-07-2021
    
    Date: 06-07-2021
    Business: Due to Covid-19 pandemic, matter is adjourned.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 20-07-2021
    
    Date: 20-07-2021
    Business: Due to Covid-19 pandemic
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 24-08-2021
    
    Date: 24-08-2021
    Business: HHJ is on leave
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 09-09-2021
    
    Date: 09-09-2021
    Business: None for plaintiff.
    Adv Vaishali Ugale for defendant no.1 present.
    Adv Smita Chavan for defendant no.2 / MCGM present.
    Adjd. To 05/10/2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-10-2021
    
    Date: 05-10-2021
    Business: None for plaintiff.
    Adv Vaishali Ugale for defendant no.1 present.
    Adv Smita Chavan for defendant no.2/ MCGM present.
    Today matter is fixed for NM hearing, but since long plaintiff has not shown interest to argue NM NO.360/2020 and proceed with the case, hence NM be kept for dismissal.
    Adjd. To 28/10/2021 for  dismissal of NM NO.360/2020.
    Next Purpose: DISMISSAL
    Next Hearing Date: 28-10-2021
    
    Date: 28-10-2021
    Business: As Court is on leave, board is discharged.
    Next Purpose: DISMISSAL
    Next Hearing Date: 16-11-2021
    
    Date: 16-11-2021
    Business: None for plaintiff.
    Adv. Vaishali Ugale for Defendant No.1 is present.
    Adv Rawade for Defendant No.2/ MCGM is present.
    Matter is old one, filed in the year 2007. It is High Court Expedited Matter. Today matter is fixed for dismissal of NM No. 360/2020. Then also today neither the Plaintiff\''s nor their advocate present and argue on NM. It shows that Plaintiff is not interested to argue the same. Hence, NM No. 360/2020 is dismissed for want of prosecution.
    Matter is adjd to 07/12/2021 for evidence of Plaintiff.
    L.O.
    Adv. Holamagi for Plaintiff present and submitted that he is ready to argue the NM, but Plaintiff is not present. Therefore, prayed for short adjournment.
    While passing the above order, advocate for Plaintiff came and submitted as above. Therefore, the order passed as a dismissal of NM No. 360/2020 for want of prosecution is set aside.
    On the next date, if Plaintiff failed to argue on NM No. 360/2020, it will be dismissed for want of prosecution.
    Matter is adjd already adjd. to 07/12/2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-12-2021
    
    Date: 07-12-2021
    Business: None for plaintiff.
    Adv. Vaishali Ugale for Defendant No.1 is present.
    Adv Rawade h.f. Adv. Chavan for Defendant No.2/ MCGM is present.
    Adjournment granted as a last chance.
    Matter is adjd to 27/01/2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-01-2022
    
    Date: 27-01-2022
    Business: In view of office order no.7/2022 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.
    Matter is adjd to 10/02/2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-02-2022
    
    Date: 10-02-2022
    Business: In view of office order no.7/2022 dated 07.01.2022 and Office order No. 22/2022 dated 28.01.2022 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06.01.2022 and 27.01.2022 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.
    Adjd. to 01/03/2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-03-2022
    
    Date: 01-03-2022
    Business: Adv. Holamagi for Plaintiff present and seeks time to argue on NM. Time is granted till next date as a last chance. On the next date, if plaintiff failed to argue on NM, NM will be dismissed for want for want of prosecution.
    Adv. Vaishali Ugale for Defendant No.1 present.
    Adv Mrs Rawade h.f. Adv. Chavan for defendant No. 1/ MCGM present.
    Matter is adjd to 15/03/2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-03-2022
    
    Date: 15-03-2022
    Business: None for plaintiff.
    Adv. Vaishali Ugale for Defendant No.1 present.
    Adv Mrs Smita Chavan for defendant no.2/ MCGM present.
    The Clerk of advocate of plaintiff present and filed on record the copy of leave application of advocate for plaintiff. TOR.
    The advocate for defendant no.1 taken objection to the leave application of the advocate for the plaintiff. But considering the fact that advocate for the plaintiff is on leave. Therefore matter is adjourned for NM hearing.
    Adjd. To 31/03/2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 31-03-2022
    
    Date: 31-03-2022
    Business: Adv Holamagi for plaintiff present and tendered rejoinder in NM NO.360/2020. Today matter is kept for NM hearing and last chance was given to plaintiff to argue on NM, but today plaintiff filed on record the rejoinder. In the interest of justice, it is TOR. Copy of rejoinder served on both defendants. NM is pending since long, therefore adjournment is lastly granted. If on the next date, plaintiff fail to argue on NM NO.360/2020, it will be dismissed for want of prosecution.
    Adv Vaishali Ugale for defendant no.1 present.
    Adv Mrs Smita Chavan for defendant no.2/ MCGM present.
    Adjd. To 19/04/2022 at 12.30 p.m. for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-04-2022
    
    Date: 19-04-2022
    Business: At 12.40 p.m.
    Adv Holamagi for plaintiff present.
    Adv Vaishali Ugale for defendant no.1 present.
    Adv Mrs Smita Chavan for defendant no.2/ MCGM present.
    Partly heard Ld advocate for plaintiff on NM NO.360/2022.
    K.B.
    L.O.
    Same appearance.
    Due to paucity of time, matter is adjourned till next date.
    Adjd. To 05/05/2022 at 12.30 p.m. for further argument by plaintiff on NM.
    Next Purpose: NM  ARGUMENTS P.H.
    Next Hearing Date: 05-05-2022
    
    Date: 05-05-2022
    Business: As Court is busy in dictating judgment in Suit Nos.5253/2012 and 2435/2013, board is discharged.
    Adjd. To 09/06/2022 for further argument by plaintiff on NM.
    Next Purpose: NM  ARGUMENTS P.H.
    Next Hearing Date: 09-06-2022
    
    Date: 09-06-2022
    Business: None for plaintiff.
    Adv. Vaishali Ugale for deft. No. 1 present.
    Adv. Mrs. Rawade h/f Adv. Chavan for defendant No. 2 / MCGM is present.
    On previous date last chance has been granted to the plaintiff to argue N/M No. 360/2020 but today none present on behalf of plaintiff, hence N/M No. 360/2020 is put up for dismissal order.
    Adjd. to 05/07/2022 for N/M hrg./dismissal.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-07-2022
    
    Date: 05-07-2022
    Business: None for plaintiff.
    Adv. Vaishali Ugale for deft. No. 1 present.
    Adv. Mrs. Rawade for defendant No. 2/ MCGM is present.
    The Suit is very old and expedited by Hon\''ble High Court. The Roznama shows that matter is pending since long for N/M hrg. On previous date the plaintiff and his advocate was not present and hence, matter was kept for dismissal of the N/M. The record shows that N/M No. 360/2020 was dismissed for want of prosecution and it is restored. Today none present on behalf of the plaintiff hence, N/M No. 360/2020 is dismissed for want of prosecution.
    Adjd. to 26/07/2022 for recording evidence of plaintiff.
    L.O.
    Adv. Holamagi for plaintiff appeared and submitted that he was busy in other Court when matter was called out hence, he could not remain present when matter was called out. He orally submitted to restore the N/M No. 360/2020. Adv. for deft. No. 1 submitted that Adv. for plaintiff be directed to argue N/M. Therefore, considering the facts and in the interest of justice, N/M No. 360/2020 is restored. Learned counsel for the plaintiff further submitted that he will argue on N/M on next date. Hence, matter is adjourned to next date for N/M hearing as a last chance.
    Adjd. to 19/07/2022 for N/M hrg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-07-2022
    
    Date: 19-07-2022
    Business: None for plaintiff.
    Adv. Vaishali Ugale for deft. No. 1 present.
    Adv. Mrs. Chavan for defendant No. 2/ MCGM is present.
    K.B.
    Adv. Holamagi for plaintiff present.
    Rest of the same appearance.
    Due to paucity of time, matter is adjourned till next date.
    Adjd. to 05/08/2022 for N/M hrg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-08-2022
    
    Date: 05-08-2022
    Business: Adv. Holamagi for plaintiff present.
    Adv. Vaishali Ugale for deft. No. 1 present.
    None for defendant No. 2/ BMC, T-ward.
    K.B.
    L.O. at 03.40 p.m.
    Same appearance.
    Arguments of Adv. for plaintiff, Adv. for deft. No. 1 heard on N/M No. 360/2020.
    Adjd. to 19/08/2022 for order on N/M No. 360/2020.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 19-08-2022
    
    Date: 19-08-2022
    Business: None for plaintiff.
    Mr. Shekhar, representative of deft. No.1 present.
    Defendant No.1 and his advocate absent.
    Adv. Mrs. Tondwalkar for defendant No. 2/ BMC is present.
    K.B.
    L.O.
    Adv. Holamagi for plaintiff present.
    Adv. Vaishali Ugale for deft. No.1.
    Adv. Mrs. Tondwalkar for defendant No. 2/ BMC is present.
    Due to paucity of time matter is adjourned till next date.
    Adjd. to 22/08/2022 for order on N/M No. 360/2020.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 22-08-2022
    
    Date: 22-08-2022
    Business: Adv. Holamagi for Plaintiff present and requested for time to argue on NM. Time is granted till next date.
    None for D/1.
    Adv. Chavan h.f. Adv Mrs Tondwalkar for D/2 BMC is present.
    Adjd. to 23/08/2022 for order on N/M No. 360/2020.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 23-08-2022
    
    Date: 23-08-2022
    Business: Adv. Holamagi for plaintiff present.
    Adv. Mrs. Rawade for defendant/ BMC is present.
    F.R.S.R. following order is passed on N/M No.360/2020-
    O R D E R
    Notice of Motion No.360/2020 is dismissed.
    Nature Of Disposal: DISMISSED
    Disposal Date: 23-08-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 101040/2020
    Filing Date: 22-01-2020
    First Hearing Date: 26th February 2020
    Decision Date: 23rd August 2022
    Court Number And Judge: 4-COURT 04 AD-HOC JUDGE

    Orders

    1
    Final Order 1Full order available
    23 Aug 2022

    Order Details: Notice of Motion Pdf Text: 1 N/M 360/20 (SCS 3109/07) MHCC010008232020 IN THE CITY CIVIL COURT FOR GREATER BOMBAY AT MUMBAI NOTICE OF MOTION No.360 OF 2020 IN SHORT CAUSE SUIT No.3109/2007 1] Mr. Mariano Fernandes 2] Mrs. Mary alias Angela Fernandes … Plaintiffs Versus 1] Ashanagar Phase No.II CHSL. 2] The Municipal Corporation of Greater Mumbai. ... Defendants AND 1] Mr. N. S. N. Murthy & 7 Ors. … Office bearers Appearance : Mr. M. V. Holamagi,…

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