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NOTICE OF MOTION

Mr. Ashok s/o Motilal Saraogi +1 moreVsMCGM +1 more

CNR MHCC0100123620195-COURT 05 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 06th March 2026

TrustJury record updated 17 Sept 2026

Case Overview

Registration Number
100490/2019
Registration Date
01 Feb 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: 18-02-2019
    Business: Adv.  Ravindra Singh for plaintiff present.
    Adv. Mr. Patil for defendant no. /MCGM present.
    Adv. of plaintiff tendered original Notice of motion no. 490/19 alongwith affidavit.
    Matter adjd. to 22.3.19 for Reply.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 22-03-2019
    
    Date: 22-03-2019
    Business: Adv.Mrs.Narvekar for plaintiff present.
    Adv.Mr.Patil for defendant/MCGM present.
    Adv.of plaintiff filed summons to answer plaint t.o.r.
    Handwritten reply filed.
    Matter adjd to 10.06.2019 for NM Argument.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 10-06-2019
    
    Date: 10-06-2019
    Business: Adv.Mr.Ravindra Singh for plaintiff present.
    Adv.Mr.Patil for defendant/MCGM present.
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    Adv.Smt.Narvekar for plaintiff present.
    Adv.for defendant/MCGM absent.
    Matter pertains to \''A\'' ward.
    Matter adjd to 03.07.2019 for NM argument.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 03-07-2019
    
    Date: 03-07-2019
    Business: Adv.Neha Pandey for plaintiff present.
    Adv.Smt.Smita Tondwalkar for defendant/MCGM present.
    Matter adjd to 14.08.2019 for NM Reply.
    Next Purpose: REPLY
    Next Hearing Date: 14-08-2019
    
    Date: 14-08-2019
    Business: Matter adjd to 27.09.2019 for Reply.
    Next Purpose: REPLY
    Next Hearing Date: 27-09-2019
    
    Date: 27-09-2019
    Business: As Court is busy in recording evidence in various matter,
    arguments and passing orders hence, board discharged.
    Matter adjd to 18/10/2019 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 18-10-2019
    
    Date: 18-10-2019
    Next Purpose: REPLY
    Next Hearing Date: 25-11-2019
    
    Date: 25-11-2019
    Business: As Court is busy in recording evidence, hearing arguments, passing orders and misc. work hence, board is discharged
    Matter adjd to 24/01/2020 for  reply on  nm.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 24-01-2020
    
    Date: 24-01-2020
    
    Date: 26-02-2020
    Business: Adv. Mr. Ravindra Singh for plaintiff present and seeks time.
    Order- Granted time.
    Adv. Mr. Nandanwar for MCGM/deft present
    Matter is adjd to 18/03/2020 for hrg.on n.m.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-03-2020
    
    Date: 18-03-2020
    Business: As court is on leave.
    Matter adjd to  22/06/2020 for Nm hrg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-06-2020
    
    Date: 22-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-07-2020
    
    Date: 30-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-08-2020
    
    Date: 27-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-09-2020
    
    Date: 16-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-09-2020
    
    Date: 29-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-10-2020
    
    Date: 21-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-11-2020
    
    Date: 10-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-12-2020
    
    Date: 08-12-2020
    Business: None present for plaintiff.
    Adv Smt. Rawade present for MCGM/defendant.
    Matter adjourned for NM hearing to 05.01.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-01-2021
    
    Date: 05-01-2021
    Business: PO is on Medical Examination.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-01-2021
    
    Date: 25-01-2021
    Business: Adv Narvekar present for plaintiff.
    Adv Nandanwar present for MCGM/defendant.
    None present for defendant no.2.
    Reply is not filed yet by defendant no.2.
    Matter adjourned for NM reply to 15.02.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 15-02-2021
    
    Date: 15-02-2021
    Business: Adv Narvekar present for plaintiff.
    Adv Nandanwar present for MCGM/defendant.
    None present for defendant no.2.
    Defendant no.2 reply is not filed, hence proceed without reply against defendant no.2.
    Matter adjourned for NM arguments to 24.03.2021.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 24-03-2021
    
    Date: 24-03-2021
    Business: Adv. Narvekar present for plaintiff.
    Adv. Nandanwar persent for MCGM/defendant.
    Matter adjourned for Nm Reply  to. 14/06/2021
    Next Purpose: REPLY
    Next Hearing Date: 14-06-2021
    
    Date: 14-06-2021
    Business: Due to covid-19 pandemic matter is adjd. to
    Next Purpose: REPLY
    Next Hearing Date: 26-07-2021
    
    Date: 26-07-2021
    Business: In view of Office Circular/Order 106/2021 Dt. 14-06-2021 , only urgent matters are taken, hence the remaining board is discharged, Hence matter is adjd. t
    Next Purpose: REPLY
    Next Hearing Date: 25-08-2021
    
    Date: 25-08-2021
    Business: Adv. Narvekar present for plaintiff and sought adjournment.
    Adv. Amol Diwate present  for MCGM/defendant.
    Matter adjourned for reply to. 27/10/21.
    Next Purpose: REPLY
    Next Hearing Date: 27-10-2021
    
    Date: 27-10-2021
    Business: Adv. Bansode present for plaintiff.
    Adv. Kumuda Soraan @ Adv. Amol Diwate present for MCGM/defendant.
    As court is busy in dictating order on NM no. 2614/2021 in suit no. 2015/2021 hence, remaining board is discharged and Matter adjourned for reply to. 03/12/21.
    Next Purpose: REPLY
    Next Hearing Date: 03-12-2021
    
    Date: 03-12-2021
    Business: Adv. pandey  present for plaintiff.
    Adv. Diwate  present  for MCGM/defendant and sought adjournment for filling reply.
    Matter adjourned for reply  to. 19/01/21.
    Next Purpose: REPLY
    Next Hearing Date: 19-01-2022
    
    Date: 19-01-2022
    Business: In view of the office order no. 07/2022 dated. 07/01/22 of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06/01/22 of Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge of COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s.
    Hence, matter is adjd. to
    Next Purpose: REPLY
    Next Hearing Date: 02-03-2022
    
    Date: 02-03-2022
    Business: As presiding officer is on leave. Hence, Matter is adjourned to
    Next Purpose: REPLY
    Next Hearing Date: 13-04-2022
    
    Date: 13-04-2022
    Business: The court is busy in dictating orders i.e. Suit No.2558/2008 and Suit No.2562/2008  hence, for want of time board discharged.
    Matter is adjd for NM hearing on 27-06-2022
    Next Purpose: REPLY
    Next Hearing Date: 27-06-2022
    
    Date: 27-06-2022
    Business: The court is busy in orders dictating in Suit No.6123/2003, Suit No.1201/2022 and Suit No. 1821/16 hence, for want of time following board discharged.
    Next Purpose: REPLY
    Next Hearing Date: 05-08-2022
    
    Date: 05-08-2022
    Business: As court is busy.
    Next Purpose: REPLY
    Next Hearing Date: 26-09-2022
    
    Date: 26-09-2022
    Business: Adv Sana Khan for Plaintiff present.
    Adv. Mr. Diwate for MCGM/ defendant No.1 present.
    None for deft no. 2.
    Matter is adjd for hearing on NM No. 857/18 and reply on NM 490/19 on 21-11-2022
    Next Purpose: REPLY
    Next Hearing Date: 21-11-2022
    
    Date: 21-11-2022
    Business: Adv Karan Chaudhri for Plaintiff present.
    Adv Smt. Kumud Soraan for defendant/MCGM present.
    Matter is adjd for  hearing on NM No. 857/2018 and reply on NM No. 490/2019 on 04-01-2023
    Next Purpose: REPLY
    Next Hearing Date: 04-01-2023
    
    Date: 04-01-2023
    Business: As Court is busy in judgment dictating in Suit No. 1203 of 2009 and order dictating in Suit No. 1586 of 2022 and Suit No.687 of 2022. Hence want of time board is discharged.
    Matter is adjd for NM hearing on 10-02-2023
    Next Purpose: REPLY
    Next Hearing Date: 10-02-2023
    
    Date: 10-02-2023
    Business: Adv Ravindra Singh for Plaintiff present.
    None for BMC
    Matter is adjd for reply on 27-03-2023
    Next Purpose: REPLY
    Next Hearing Date: 27-03-2023
    
    Date: 27-03-2023
    Business: CORAM SMT. A.H. KASHIKAR  AD-HOC  JUDGE C.R.NO.5
    As per Office order dtd. 24.03.2023 Hon\''ble Presiding Officer is going for visit to Observation Homes and Children\''s Home in Bombay District. Hence, want of time board is discharged.
    Matter is adjd for NM hearing on 16-06-2023.
                                                                                               Judge
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-06-2023
    
    Date: 16-06-2023
    Business: Adv. Pradip Patil for MCGM present.
    Adv. Narvekar h/f Adv. Saraogi for plaintiff present.
    On oral request of Ld. Adv. for plaintiff matter is adjourned.
    Matter is adjd. to 28.07.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-07-2023
    
    Date: 28-07-2023
    Business: Advocate Karan Choudhari  for Plaintiff present.
    Patil of MCGM  present.
    The Plff. is directed to serve the writ of summons and bothe of notice of motion upon the defet. No.2 through  Court balif.
    Matter is adjd  to  25/09/2023    for  Service report.
    Next Purpose: REPORT
    Next Hearing Date: 25-09-2023
    
    Date: 28-07-2023
    Business: Advocate Karan Choudhari  for Plaintiff present.
    Patil of MCGM  present.
    The Plff. is directed to serve the writ of summons and bothe of notice of motion upon the defet. No.2 through  Court balif.
    Matter is adjd  to  25/09/2023    for  Service report.
    Next Purpose: REPORT
    Next Hearing Date: 25-09-2023
    
    Date: 28-07-2023
    Business: Advocate Karan Choudhari  for Plaintiff present.
    Patil of MCGM  present.
    The Plff. is directed to serve the writ of summons and bothe of notice of motion upon the defet. No.2 through  Court balif.
    Matter is adjd  to  25/09/2023    for  Service report.
    Next Purpose: REPORT
    Next Hearing Date: 25-09-2023
    
    Date: 25-09-2023
    Business: The P.O. is on leave. Hence, matter is adjourned.
    Next Purpose: REPORT
    Next Hearing Date: 01-12-2023
    
    Date: 01-12-2023
    Business: Adv. R. L. Singh for Plaintiff present.
    Adv. Ms. Rawade h/f Adv. Pradip Patil for MCGM present.
    Ld. Adv. For plaintiff has tendered registered NM No. 857/18 and 490/19 along with affidavit in support.  TOR.
    Exh.1 - Plaint.
    Exh. 2 -Vakalatnama of Plaintiff.
    Exh. 3 - Memorandum of address.
    Exh. 4 - List of documents.
    He has also tendered writ of summons along with bailiff report. Taken on record and marked at Exh.  O- Seen.
    None for D-2.
    Matter is adjd  to 10.01.2024 for NM reply of D-2.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 10-01-2024
    
    Date: 10-01-2024
    Business: Adv. R. L. Singh for Plaintiff present.
    Adv. Pradip Patil for MCGM present.
    On oral request of Ld. Adv. For defendant matter is adjourned.
    Matter is adjd  to 14.02.2024 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 14-02-2024
    
    Date: 14-02-2024
    Business: Adv. Devaki Sahu for Plaintiff present.
    Adv. Pradip Patil for MCGM present.
    On oral request of Ld. Adv. For defendant matter is adjourned.
    Matter is adjd  to 03.04.2024 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 03-04-2024
    
    Date: 03-04-2024
    Business: Adv. R. L. Singh for Plaintiff present.
    Adv. Pradeep Patil for MCGM present.
    On oral request of Ld. Adv. For defendant matter is adjourned.
    Matter is adjd  to 14.06.2024 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 14-06-2024
    
    Date: 14-06-2024
    Business: Adv. Narvekar h/f Adv. Verma for Plaintiff present.
    Adv. Nandanwar for MCGM/deft. present.
    On the request of Adv. for defendant, matter is adjourned.
    Matter is adjd  to  19-07-2024   for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 19-07-2024
    
    Date: 14-06-2024
    Business: Adv. Narvekar h/f Adv. Verma for Plaintiff present.
    Adv. Nandanwar for MCGM/deft. present.
    On the request of Adv. for defendant, matter is adjourned.
    Matter is adjd  to  19-07-2024   for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 19-07-2024
    
    Date: 14-06-2024
    Business: Adv. Narvekar h/f Adv. Verma for Plaintiff present.
    Adv. Nandanwar for MCGM/deft. present.
    On the request of Adv. for defendant, matter is adjourned.
    Matter is adjd  to  19-07-2024   for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 19-07-2024
    
    Date: 19-07-2024
    Business: Adv. Pooja Narvekar h/f Adv. Ashok Saraogi for plaintiff present.
    Adv. A. K. Nandanwar for MCGM present.
    On oral request of Ld. Adv. For defendant matter is adjourned.
    Matter is adjd  to 16.08.2024 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-08-2024
    
    Date: 16-08-2024
    Business: Adv. Pooja Narvekar h/f Adv. Ashok Saraogi for plaintiff present.
    Adv. A. K. Nandanwar for MCGM present.
    On oral request of Ld. Adv. For defendant matter is adjourned.
    Matter is adjd to 07.10.2024 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 07-10-2024
    
    Date: 07-10-2024
    Business: Adv. Vikas Mishra h/f Adv. R. R. Verma for plaintiff present.
    Adv. A. K. Nandanwar for MCGM present.
    On oral request of Ld. Adv. For defendant matter is adjourned.
    Matter is adjd  to 25.11.2024 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 25-11-2024
    
    Date: 25-11-2024
    Business: Adv.Vikas Mishra h/f Adv. Ashok Saraogi for plaintiff present.
    Adv. A. K. Nandanwar for MCGM present.
    On oral request of Ld. Adv. For defendant matter is adjourned.
    Matter is adjd  to 08.01.2025 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 08-01-2025
    
    Date: 08-01-2025
    Business: Adv. Disha Chopda h/f Ad.R.R. Varma for Plaintiff present.
    Adv. Nandanwar for MCGM present and seeking time to file reply. As a last chance to granted.
    Matter is adjd  to  05-02-2025  for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 05-02-2025
    
    Date: 05-02-2025
    Business: Adv. Pandey h/f Adv. A.M. Saraogi for Plaintiff present.
    Adv. Nandanwar for deft/MCGM present.
    Matter is adjd  to  12-03-2025   for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 12-03-2025
    
    Date: 12-03-2025
    Business: Adv. Vikash Mishra h/f Adv. R. R. Verma for plaintiff present.
    Adv. A. K. Nandanwar for MCGM/Defendant No. 1 present .
    None for D-2.
    Matter is adjd to 23.04.2025 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-04-2025
    
    Date: 23-04-2025
    Business: None for Plaintiff.
    Adv. A. K. Nandanwar for MCGM/Defendant present
    Matter is adjd to 27.06.2025 for NM hearing.
    Later on at 3.30 p.m. Adv. Ravindra Singh for plaintiff present.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-06-2025
    
    Date: 27-06-2025
    Business: Adv. Neha Pandey for plaintiff present and requested for short adjournment. It is granted.
    Adv. A. K. Nandanwar for MCGM/Defendant present
    Matter is adjd  to 03.09.2025 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-09-2025
    
    Date: 03-09-2025
    Business: Adv. Ravindra Singh h/f Adv. Saraogi for plaintiff present.
    Adv. A. K. Nandanwar for MCGM/Defendant present
    Matter is adjd  to 03.10.2025 for  NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-10-2025
    
    Date: 03-10-2025
    Business: Adv. Slegha Ramchandran i/b Adv. Pooja Narvekar for plaintiff present and requested for short adjournment. It is granted.
    Adv. A. K. Nandanwar for MCGM/Defendant present.
    Matter is adjd  to 10.12.2025 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-12-2025
    
    Date: 10-12-2025
    Business: Adv. Pooja Narvekar for plaintiff present and requested for short adjournment. It is granted.
    Adv. A. K. Nandanwar for MCGM/Defendant present.
    Matter is adjd  to 09.02.2026 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-02-2026
    
    Date: 09-02-2026
    Business: Adv. Ravindra Singh for plaintiff present.
    Adv. A. K. Nandanwar for MCGM/Defendant present.
    Heard arguments of both sides on NM No. 857/2018 and NM No. 490/19.
    Matter is adjd to 23.02.2026 for NM order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 23-02-2026
    
    Date: 23-02-2026
    Business: The P. O. is on leave. Hence, matter is adjourned to
    Next Purpose: NM  ORDERS
    Next Hearing Date: 05-03-2026
    
    Date: 05-03-2026
    Business: Adv. R. L. Singh for Plaintiff present and made request on the basis of instruction received from plaintiff i.e. Adv. Ashok Saraogi that he wants to file some citations of the higher courts so matter may kindly be adjourned till tomorrow only for this limited purpose. Considering the request matter be kept tomorrow for filing citations and order on NM.
    Adv. Sangita Honmane for defendant/BMC present.
    Matter is adjd to 06.03.2026 for filing of citation and order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 06-03-2026
    
    Date: 06-03-2026
    Business: Adv. Neha Pandey along with Adv. Ashok Saraogi for plaintiff present and filed application for withdrawal of suit. It is taken on record and marked at Exh.6. O- Other side to say.
    Adv. A. K. Nandanwar for Defendant/MCGM present and filed say on overleaf of the Exh. 6. Taken on record.
    Order below Exh. 6
        By this application plaintiff wants to withdraw the suit unconditionally. In view of this when the plaintiff does not want to proceed further I have no reason to hold anything contrary and reject the application. With this following order is passed -
    ORDER
    Application Exh. 6 is hereby allowed as prayed.
    
    Order below Exh. 1
       In view of order below Exh. 6, suit is liable to be dismissed cum withdrawn for want of prosecution accordingly following order is passed-
    ORDER
    1. L. C. Suit No. 345 of 2018 is hereby dismissed cum withdrawn for want of prosecution.
    2. In view of dismissal of suit, NM No. 490/19 and NM No. 857/18 does not survive so, stands disposed of accordingly.
    3. No order as to costs.
    4. Bill of costs be drawn up accordingly.
    Nature Of Disposal: WITHDRAWL
    Disposal Date: 06-03-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 101365/2019
    Filing Date: 01-02-2019
    First Hearing Date: 18th February 2019
    Decision Date: 06th March 2026
    Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    06 Mar 2026

    Order Details: Other Pdf Text: 64 06.03.2026 CORAM: SHRI R. S. ARADHYE ADDL. SESSIONS JUDGE C.R.NO.5 SU. 345/18 NM 490/19 NM 857/18 Exh. 6 Adv. Neha Pandey along with Adv. Ashok Saraogi for plaintiff present and filed application for withdrawal of suit. It is taken on record and marked at Exh.6. O- Other side to say. Adv. A. K. Nandanwar for Defendant/MCGM present and filed say on overleaf of the Exh. 6. Taken on record. Order below Exh. 6 By…

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