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NOTICE OF MOTION

Mr. Rahul Hamir MerchantVsMr. Radheshyam G. sodhani +2 more

CNR MHCC01001053201919-COURT 19 PRINCIPAL JUDGE CITY CIVIL AND SESSIONS COURT
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--ORDER
Decision Date: 11th August 2025

TrustJury record updated 17 Sept 2026

Case Overview

Registration Number
100396/2019
Registration Date
29 Jan 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    4

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 09-04-2019
    Business: Adv. Yuraj Tribhun Present for the applicant.
    None Present for the Deft.
    Ld counsel for the applicant filed registered NM 396/19 alongwith affidavit. t.o.r.
    Ld counsel for the applicant sought time to file service affidavit of NM 396/19.
    Adj. for Service affidavit of NM 396/19 on 27/06/2019.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 27-06-2019
    
    Date: 27-06-2019
    Business: Adv. Yuvraj Tribhun for applicant present.
    None present for defendant/JD.
    Matter adjd for service affidavit of NM 396/19 on 25/07/2019.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 25-07-2019
    
    Date: 25-07-2019
    Business: Adv. Ajit Karvande Present for the Applicant.
    AS per belief report affixed on NM, it is duly served on respondent No. 1 , 2 and 3,
    None appeared for the respondent. 1, 2, 3, Hence application to proceed exparte against Respondent No. 1 , 2 and 3.
    applicant to take necessary steps for service on Respondent NO. 4, and 5.
    Adj for service on 24/09/2019.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 24-09-2019
    
    Date: 24-09-2019
    Business: Adv. Yuvraj Tribhuvan for applicant present.
    None present for R-1 to 3.
    Matter adjd for service affidavit on 11/11/2019.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 11-11-2019
    
    Date: 11-11-2019
    Business: Adv. Ajit Karvande for applicant present.
    Matter adjd for service affidavit against R-4 and 5 on 22/01/2020.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 22-01-2020
    
    Date: 22-01-2020
    Business: Advocate Ajit Karwande for applicant present and submitted that on next date he will file an affidavit indicating that the address of respondents 1 and 5 mentioned in title of present application is the same which is mentioned in the change report. He seeks time. Time is granted.
    The case is adjourned to 06.03.2020 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 06-03-2020
    
    Date: 22-01-2020
    Business: Advocate Ajit Karwande for applicant present and submitted that on next date he will file an affidavit indicating that the address of respondents 1 and 5 mentioned in title of present application is the same which is mentioned in the change report. He seeks time. Time is granted.
    The case is adjourned to 06.03.2020 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 06-03-2020
    
    Date: 06-03-2020
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 27-04-2020
    
    Date: 06-03-2020
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 27-04-2020
    
    Date: 27-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 05-06-2020
    
    Date: 27-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 05-06-2020
    
    Date: 05-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 23-06-2020
    
    Date: 05-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 23-06-2020
    
    Date: 23-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 13-07-2020
    
    Date: 23-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 13-07-2020
    
    Date: 13-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 29-08-2020
    
    Date: 13-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 29-08-2020
    
    Date: 29-08-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 15-09-2020
    
    Date: 29-08-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 15-09-2020
    
    Date: 15-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 27-10-2020
    
    Date: 15-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 27-10-2020
    
    Date: 27-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 04-12-2020
    
    Date: 27-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 04-12-2020
    
    Date: 04-12-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 08-01-2021
    
    Date: 04-12-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 08-01-2021
    
    Date: 08-01-2021
    Business: Adv. Karvendkar for applicant present.
    None present for R-1 to 3.
    Matter adjd for steps on 05/02/2021.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 05-02-2021
    
    Date: 08-01-2021
    Business: Adv. Karvendkar for applicant present.
    None present for R-1 to 3.
    Matter adjd for steps on 05/02/2021.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 05-02-2021
    
    Date: 05-02-2021
    Business: None present for applicant and respondents.
    Matter adjd for steps on 19/03/2021.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 19-03-2021
    
    Date: 05-02-2021
    Business: None present for applicant and respondents.
    Matter adjd for steps on 19/03/2021.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 19-03-2021
    
    Date: 19-03-2021
    Business: P. O. IS ON LEAVE
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 09-04-2021
    
    Date: 19-03-2021
    Business: P. O. IS ON LEAVE
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 09-04-2021
    
    Date: 09-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 11-06-2021
    
    Date: 09-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 11-06-2021
    
    Date: 11-06-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 09-07-2021
    
    Date: 11-06-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 09-07-2021
    
    Date: 09-07-2021
    Business: Due to Covid-19. Matter is adjd.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 13-08-2021
    
    Date: 09-07-2021
    Business: Due to Covid-19. Matter is adjd.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 13-08-2021
    
    Date: 13-08-2021
    Business: Court is Vacant
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 17-09-2021
    
    Date: 13-08-2021
    Business: Court is Vacant
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 17-09-2021
    
    Date: 17-09-2021
    Business: None present for applicant.
    None present for respondent.
    Matter adjd for hearing to 29.10.2021.
    JUDGE
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 29-10-2021
    
    Date: 17-09-2021
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 29-10-2021
    
    Date: 29-10-2021
    Business: Advocate Mr. Karwande for applicant is present.
    Matter adjd for hearing to 30.11.2021.
    JUDGE
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 30-11-2021
    
    Date: 29-10-2021
    Business: Advocate Mr. Karwande for applicant is present.
    Matter adjd for hearing to 30.11.2021.
    JUDGE
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 30-11-2021
    
    Date: 30-11-2021
    Business: Advocate for applicant is present.
    Matter adjd for hearing to 21.12.2021.
    JUDGE
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 21-12-2021
    
    Date: 30-11-2021
    Business: Advocate for applicant is present.
    Matter adjd for hearing to 21.12.2021.
    JUDGE
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 21-12-2021
    
    Date: 21-12-2021
    Business: Court is on leave.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 27-01-2022
    
    Date: 21-12-2021
    Business: Court is on leave.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 27-01-2022
    
    Date: 27-01-2022
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 16-02-2022
    
    Date: 27-01-2022
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 16-02-2022
    
    Date: 16-02-2022
    Business: Advocate for petitioner is absent.
    Matter adjd for hearing to 23.03.2022.
    JUDGE
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 23-03-2022
    
    Date: 16-02-2022
    Business: Advocate for petitioner is absent.
    Matter adjd for hearing to 23.03.2022.
    JUDGE
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 23-03-2022
    
    Date: 23-03-2022
    Business: adjd. to
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 01-04-2022
    
    Date: 23-03-2022
    Business: adjd. to
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 01-04-2022
    
    Date: 01-04-2022
    Business: Advocate Shenoy for petitioner is present.
    Matter adjd for hearing to 10.06.2022.
    JUDGE
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 10-06-2022
    
    Date: 01-04-2022
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 10-06-2022
    
    Date: 10-06-2022
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 14-07-2022
    
    Date: 10-06-2022
    Business: Advocate for applicant present.
    Advocate Harshada Koli for respondent present.
    Matter adjourned for steps to 14.07.2022.
    JUDGE
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 14-07-2022
    
    Date: 14-07-2022
    Business: Advocate S. B. Shenoy for applicant is present.
    None present for respondent.
    Matter adjourned for hearing to 29.09.2022.
    JUDGE
    Next Purpose: HEARING
    Next Hearing Date: 29-09-2022
    
    Date: 14-07-2022
    Business: Advocate S. B. Shenoy for applicant is present.
    None present for respondent.
    Matter adjourned for hearing to 29.09.2022.
    JUDGE
    Next Purpose: HEARING
    Next Hearing Date: 29-09-2022
    
    Date: 29-09-2022
    Business: Adv. Karwande for applicant present.
    Adv. For applicant tendered registered Ch/sum No.850/21 along with affidavit of service.  T.O.R.
    Heard Adv. For applicant on Ch/sum No.850/21.
    ORDER BELOW CH/SUM NO.850/21
       Adv. For applicant submits that applicant wants to change address of respondent nos.4 and 5 as they are avoiding service on the current address.  Applicant also wants to make amendment in pleadings specifying relationship of respondents inter-se. Proposed amendment is of formal in nature.   Hence, following order.
    ORDER
    1.    Ch/sum No.850/2021 is made absolute in terms of prayer clause (a).
    2.  Applicant is directed to carry out necessary amendments within 14 days.
    3.      No order as to costs.
    4.      Ch/sum No.850/2021 is disposed of accordingly.
    The matter is adjd for compliance, service and hearing on N/M to 08.12.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-12-2022
    
    Date: 08-12-2022
    Business: None for applicant.
    Adv. Shivam for respondent no. 1 to 3 present.
    Matter is adjd for compliance to 06/02/2023.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 06-02-2023
    
    Date: 06-02-2023
    Business: P.O. is on leave, matter adjourned to
    Next Purpose: COMPLIANCE
    Next Hearing Date: 17-03-2023
    
    Date: 17-03-2023
    Business: None for applicant.
    Adv. Shubham Mishra h/f Adv. Kamlesh Tiwari for respondent.
    Matter adjourned for compliance to 07.06.2023.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 07-06-2023
    
    Date: 07-06-2023
    Business: As P.O. is on leave, board discharged and matter adjourned for Compliance on 17.07.2023.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 17-07-2023
    
    Date: 17-07-2023
    Business: P.O. IS ON LEAVE. Hence Matter is adjd.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 01-08-2023
    
    Date: 01-08-2023
    Business: Advocate Mr. Shivam Mishra h.f. Advocate Mr. Kamlesh Tiwari for respondent no. 1 to 3 present.
    KB
    LO at 4.30 P.M.
    Advocate Mr. Nilesh Savekar h.f. Advocate Mr. Chetan Bane for applicant present and seeks time. O- Granted.
    Matter adjourned for Compliance on 01.09.2023.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 01-09-2023
    
    Date: 01-09-2023
    Business: Advocate Mr. Ajit Karwande for applicant present and seeks time. O- Granted.
    Defendant and advocate absent.
    Time extended to amend the petition as per order passed in Chamber Summons No. 850/2021.
    Matter adjourned for Compliance on 05.10.2023.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 05-10-2023
    
    Date: 05-10-2023
    Business: PO is on half day leave (Second Session), hence matter is adjourned.
    Matter adjourned for Compliance on 04.11.2023.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 04-11-2023
    
    Date: 04-11-2023
    Business: Advocate Mr. S.P. Shenoy h.f. Advocate Kharwande for applicant present and seeks time. O-Granted. Time extended to carry out amendment.
    Respondent and advocate absent.
    Matter adjourned for Compliance on 16.12.2023.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 16-12-2023
    
    Date: 16-12-2023
    Business: Advocate Mr. Ajit Karvande for applicant present.
    Respondent and advocate absent.
    Time extended to carry out compliance.
    Matter adjourned for Compliance on 25.01.2024.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 25-01-2024
    
    Date: 25-01-2024
    Business: IN THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO. 61
    This court newly formed on 02.01.2024.
    Matter transferred from Cr No.
    None for  plaintiff.
    None for defendant.
    Compliance not made. Due to formation of new court and change of assignment last chance granted.
    Matter adjourned for carry out amendment/compliance to 04-03-2024.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 04-03-2024
    
    Date: 04-03-2024
    Business: IN THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO. 61
    Adv. S. B. Shenoy i/b Adv. A. s. Karwade fo applicant present and orally request to adjourned the matter. O- Matter adjourned.
    None for defendant.
    Matter adjourned for compliance to 08-04-2024.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 08-04-2024
    
    Date: 08-04-2024
    Business: IN THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO. 61
    Adv. S. B. Shenoyi/b Adv. A.S. Karwande for  applicants present and orally sought time to file amendment copy to the respondent. O- Time granted.
    None for defendant.
    Matter adjourned for  Compliance      to 05-07-2024.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 05-07-2024
    
    Date: 05-07-2024
    Business: Court is vacant
    Next Purpose: COMPLIANCE
    Next Hearing Date: 12-08-2024
    
    Date: 12-08-2024
    Business: IN THE COURT OF H.H.J. R. D. DESHPANDE JUDGE CITY CIVIL COURT C.R. NO. 61
    Adv. S. B. Shenoy i/b Adv. A. S. Karwande for applicant is present and filed affidavit of service. TOR. And marked as Exh.05.
    He seeks time.
    None for opponent.
    Matter adjourned for NM hearing to 22-10-2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-10-2024
    
    Date: 22-10-2024
    Business: IN THE COURT OF H.H.J. R. D. DESHPANDE JUDGE CITY CIVIL COURT C.R. NO. 61
    Adv. S. B. Shenoy h/f Adv. A. S. Karwande for applicant is present and seeks time.
    None for opponents.
    Matter is adjourned for hearing to 15.01.2025.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-01-2025
    
    Date: 15-01-2025
    Business: Adv. S. B. Shenoy for applicant is present and seeks time.
    None for opponents.
    Matter adjourned for NM hearing to 05.03.2025.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-03-2025
    
    Date: 05-03-2025
    Business: Adv. S. B. Shenoy for applicant is present. He seeks time.
    None for opponents.
    Matter adjourned for NM hearing to 19.04.2025.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-04-2025
    
    Date: 19-04-2025
    Business: Adv. S. B. Shenoy for applicant is present. He seeks time.
    None for opponents.
    Matter adjourned for NM hearing to.03.07.2025.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-07-2025
    
    Date: 03-07-2025
    Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
    SHRI. A. SUBRAMANIAM (C. R. NO.19)
    (Matter received from CR No.61 as per order dtd. 21.06.2025.)
    Applicant absent.
    Respondents absent.
    Section 72 of the Maharashtra Public Trust Act stands deleted in view of the amendment by the Maharashtra Act 55 of 2017 which has come into force on 10.10.2017. Considering the same the applicant to clarify about the maintainability of the present application by next date. Failing which further order would be passed. Adjourned on 21.07.2025 for Hearing on the point of Maintainability.
    Later on
    Adv. Mr. S. B. Shenoy for applicant present.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-07-2025
    
    Date: 21-07-2025
    Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
    SHRI. A. SUBRAMANIAM (C. R. NO.19)
    Adv. Nilesh D. Savekar h/f Adv. Bane is present  for applicant.
    None for respondent is present.
    KB
    Applicant to clarify that how the appeal is maintainable.
    On request placed on 22.07.2025.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-07-2025
    
    Date: 22-07-2025
    Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
    SHRI. A. SUBRAMANIAM (C. R. NO.19)
    Adv. Ajit S. Karwande for Applicant is present and prays for two weeks time to clarify the position with regard to the maintainability of the application.
    Adjourned on 11.08.2025.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-08-2025
    
    Date: 11-08-2025
    Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
    SHRI. A. SUBRAMANIAM (C. R. NO.19)
    Adv. S. B. Shenoy i/b Adv. A. S. Karwande for applicant present.
    KB
    Later on
    Adv. Ajit Karwande a/w Adv. Chetan Bane for applicant present.
    Heard applicant.
    In view of the amendment to the Maharashtra Public Trust Act, present application does not lie in this Court. Considering the same the Charity Application No.574 of 2018 stands dismissed as being not maintainable. Liberty to the applicant to raise appropriate concession in the aspect of limitation as per law. Notice of Motion No.396 of 2019 disposed off accordingly
    Nature Of Disposal: ORDER
    Disposal Date: 11-08-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 101146/2019
    Filing Date: 28-01-2019
    First Hearing Date: 09th April 2019
    Decision Date: 11th August 2025
    Court Number And Judge: 19-COURT 19 PRINCIPAL JUDGE CITY CIVIL AND SESSIONS COURT

    Orders

    1
    Final Order 1
    11 Aug 2025
    Order Details: Other
    Pdf Text: ...5...
    Sr. No.17
    11.08.2025
    Charity Appln
    574/18
    @ N/M 396/19
    CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
    SHRI. A. SUBRAMANIAM (C. R. NO.19)
    Adv. S. B. Shenoy i/b Adv. A. S. Karwande for applicant present.
    KB
    Later on
    Adv. Ajit Karwande a/w Adv. Chetan Bane for applicant present.
    Heard applicant.
    In view of the amendment to the Maharashtra Public Trust Act,
    present application does not lie in this Court. Considering the same
    the Charity Application No.574 of 2018 stands dismissed as being
    not maintainable. Liberty to the applicant to raise appropriate
    concession in the aspect of limitation as per law. Notice of Motion
    No.396 of 2019 disposed off accordingly
    Sd/-
    Principal Judge,
    Gr. Mumbai.
    -- 1 of 1 --

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