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NOTICE OF MOTION

Kalulal Champalal Jain -Suit St. No.16820 of 2018VsMCGM

CNR MHCC0100092120194-COURT 04 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHERWISE
Decision Date: 13th March 2025

TrustJury record updated 17 Sept 2026

Case Overview

Registration Number
100355/2019
Registration Date
24 Jan 2019

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: 08-02-2019
    Business: None present for plff.
    Adv Mrs.Vyavhare h/f adv Bhoir for BMC/deft present.
    Adjd to 20/03/2019 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 20-03-2019
    
    Date: 20-03-2019
    Business: Adv. Ms. Rubia Taneja for Plff present.
    Adv. Mrs. Smita Chavan for MCGM/Deft present.
    On oral request of advocate for Plff, adjournment granted as last chance.
    Adjd to 12/6/2019 for N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 12-06-2019
    
    Date: 12-06-2019
    Business: None for plaintiff.
    Adv. Ms. Patil for MCGM/Def. present.
    On oral request of ld adv for def., adjournment granted.
    Adjd to 08.08.2019 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 08-08-2019
    
    Date: 08-08-2019
    Business: None for plaintiff.
    Adv. Ms. Patil for MCGM/Defendant present.
    On oral request of ld adv for def., adjournment granted.
    Adjd to 05.11.2019 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 05-11-2019
    
    Date: 05-11-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 30-01-2020
    
    Date: 30-01-2020
    Business: None for plaintiff.
    Adv. Ms. Patil for MCGM/Defendant present.
    Adjd to 11.02.2020 at 1.00pm  for NM reply .
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 11-02-2020
    
    Date: 11-02-2020
    Business: None for plaintiff.
    Adv. Ms. Patil for MCGM/Defendant present.
    On oral request of advocate for Defendant, adjournment granted as last chance.
    Plaintiff is directed to tendered original NM on next date.
     Matter adjd to  16.04.2020  for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-04-2020
    
    Date: 16-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 05-05-2020
    
    Date: 05-05-2020
    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 REPLYREJOINDER
    Next Hearing Date: 27-05-2020
    
    Date: 27-05-2020
    Business: In view of extension of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 12-06-2020
    
    Date: 12-06-2020
    Business: Adjd
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 22-09-2020
    
    Date: 22-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 06-10-2020
    
    Date: 06-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 15-12-2020
    
    Date: 15-12-2020
    Business: None for plaintiff.
    Adv. Ms. Smita Chavan for deft/MCGM present and requests for time to file reply to NM.
    Plff is directed to tender original registered NM on next date.
    Matter adjd to 02/03/2021 for NM Reply.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 02-03-2021
    
    Date: 02-03-2021
    Business: Plaintiff is directed to register the NM and tender the same on next date.
    Matter adjd to 04/05/2021 for NM Reply.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 04-05-2021
    
    Date: 04-05-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 08-07-2021
    
    Date: 08-07-2021
    Business: Due to Covid-19
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 07-09-2021
    
    Date: 07-09-2021
    Business: None for plaintiff.
    Adv Mrs Rawade for defendant / MCGM present and requests for time to file NM reply. Time is granted till next date.
    Adjd. To 14/10/2021 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 14-10-2021
    
    Date: 14-10-2021
    Business: As Court is busy in urgent ad-interim hearing and orders on ad-interim reliefs of CR NO.08 and 11, board is discharged.
    Adjd. To 07/12/2021 for  NM reply
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 07-12-2021
    
    Date: 07-12-2021
    Business: None for plaintiff.
    Adv Mrs Rawade for defendant / MCGM present and requests for time to file reply to NM. Time is granted till next date.
    Matter is adjd to 15/03/2022  for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 15-03-2022
    
    Date: 15-03-2022
    Business: None for plaintiff.
    Adv Mrs Rawade for defendant / MCGM is present and requests for Time to file reply to NM. Time is granted till next date.
    Adjd. To 21/06/2022 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 21-06-2022
    
    Date: 21-06-2022
    Business: None for plaintiff.
    Adv. Mrs. Smita Chavan for defendant/ MCGM is present and requested time to file reply on N/M. Time is granted till next date.
    Adjd. to 23/08/2022 for N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 23-08-2022
    
    Date: 23-08-2022
    Business: None for plaintiff.
    Adv. Mrs. Chavan for defendant/ BMC is present and requested time to file reply on N/M. Time is granted till next date.
    Adjd. to 13/10/2022 for N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 13-10-2022
    
    Date: 13-10-2022
    Business: None for plaintiff.
    Adv. Mrs. Tondwalkar h/f Adv. Mrs. Rawade for defendant/ BMC is present and requested time to file reply to N/M. Time is granted till next date.
    Adjd. to 13/12/2022 for N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 13-12-2022
    
    Date: 13-12-2022
    Business: Court is busy in urgent hearing, board is discharged.
    Adjd. to 09/03/2023 for N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 09-03-2023
    
    Date: 09-03-2023
    Business: None for plaintiff.
    Adv. Mrs. Mhatre for defendant/ BMC is present and requested time to file reply to N/M. Time is granted till next date.
    Adjd. to 20/04/2023 for N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 20-04-2023
    
    Date: 20-04-2023
    Business: Court is on leave, hence matter is adjourned to 20.07.2023.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 20-07-2023
    
    Date: 20-07-2023
    Business: None present for plaintiff.
    Advocate Mhatre  for defendant/BMC present and seeks time to file reply to NM, Time is granted.
    Adv for corporation submitted that plaintiff has not served copy of NM as well as plaint and document.
    Adjd to16.09.2023   for NM Reply
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-09-2023
    
    Date: 16-09-2023
    Business: None present for plaintiff.
    Advocate Mhatre for defendant/BMC present and submitted that copy not served upon deft/BMC. Hence plaintiff is directed to serve copy of NM and plaint with annexure to deft/BMC.
    Plaintiff is directed to tender original NM on next date
    Adjd  to 09.01.2024    for Service and NM Reply
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 09-01-2024
    
    Date: 09-01-2024
    Business: As Court is busy in dictating NM order, Board is discharged.
    Adjd  to 12.03.2024 for Service and NM Reply
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 12-03-2024
    
    Date: 12-03-2024
    Business: PO is on leave, hence board is discharged and matter is adjourned.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 15-06-2024
    
    Date: 15-06-2024
    Business: None present for plaintiff
    Adv  Metakari for defendant /BMC present and seeks time to file reply to NM. Time is granted.
    Plaintiff is directed to tender original NM till next date otherwise necessary order will be passed.
    Adjd.  to 10.09.2024    for NM Reply
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 10-09-2024
    
    Date: 10-09-2024
    Business: None for plaintiff present.
    Plaintiff is directed to tender NM on next date without fail.
    Advocate Metakari for defendant/BMC present and requested time to file reply. Hence time granted as last chance to BMC.
    Adjd  to 12-11-2024 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 12-11-2024
    
    Date: 12-11-2024
    Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
    None present for plaintiff
    Advocate Swapnil Bharti for defendant/BMC present and seeks time to file reply to NM. Time is granted as a one more last chance as suit is of year 2019
    Adjd  to   09.01.2025   for NM Reply
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 09-01-2025
    
    Date: 09-01-2025
    Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
    None present for plaintiff. Adv. Mr. Swapnil Bharti for defendant/ MCGM is present and sought time to file NM reply. Time is granted. The matter is kept back for some time.
    Later on at 3.40 pm.
    None present for plaintiff. Rest appearance is as above. Mr. Disle Shashikant Audhumbar, J/E, Maintenance Dept., MCGM, is present. He submitted that the plaintiff is entitled for grant of alternate accommodation after compliance with certain requirements and the Office already informed the plaintiff in this respect.
    Adjourned for Steps/NM Reply to 13.03.2025.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 13-03-2025
    
    Date: 13-03-2025
    Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
    None present for the plaintiff. The record shows that firstly on 20.12.2018, leave was granted to get registered the NM and thereafter, time and again, the plaintiff was directed to tender registered NM, but in vain. Hence, the untendered NM No. 355 of 2019 stands dismissed in default. Record further goes to show that in view of the Appeal From Order, the parties submitted Consent Minutes of Order dtd. 15.03.2019 and therefore, nothing is survived in this suit. Consequently, the plaintiff is directed to tender registered NM (disposed of) on record, positively on next date. In default, the suit would stand dismissed. Adv. Mr. Swapnil Bharti for defendant/MCGM is present.
    Adjourned for tendering registered NM (disposed of)/dismissal to 03.07.2025.
    Nature Of Disposal: OTHERWISE
    Disposal Date: 13-03-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 100746/2019
    Filing Date: 24-01-2019
    First Hearing Date: 08th February 2019
    Decision Date: 13th March 2025
    Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    13 Mar 2025
    Order Details: Other
    Pdf Text: Dt:13.03.2025
    Sr. No. 17
    SU 193/19
    NM 355/19
    CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
    None present for the plaintiff. The record shows that firstly on
    20.12.2018, leave was granted to get registered the NM and
    thereafter, time and again, the plaintiff was directed to tender
    registered NM, but in vain. Hence, the untendered NM No. 355 of
    2019 stands dismissed in default. Record further goes to show that
    in view of the Appeal From Order, the parties submitted Consent
    Minutes of Order dtd. 15.03.2019 and therefore, nothing is
    survived in this suit. Consequently, the plaintiff is directed to
    tender registered NM (disposed of) on record, positively on next
    date. In default, the suit would stand dismissed. Adv. Mr. Swapnil
    Bharti for defendant/MCGM is present.
    Adjourned for tendering registered NM (disposed of)/dismissal to
    03.07.2025.
    Judge
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