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NOTICE OF MOTION

Vatsala @ Indira Govind Surve and Ors. - Plffs.VsPrashant Balkrishna Desai and Ors. - Applicant -Orig. Deft.No.1

CNR MHCC01001299202065-COURT 65 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
PENDING

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100497/2020
Registration Date
31 Jan 2020
Next Hearing Date
06 Oct 2026
Case Stage
FOR TAKING STEPS

Advocates

2

For Petitioner

For Respondent

Parties

2

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec 9

Case History / Proceedings

Case History
Date: 27-02-2020
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-07-2020

Date: 04-07-2020
Business: National Lockdown
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-09-2020

Date: 05-09-2020
Business: Adjd.to 26.11.2020 due to covid-19
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-11-2020

Date: 26-11-2020
Business: None present for Plaintiffs.
None present for Defendants.
It seems that due to Corona pandemic, parties are absent, hence case is adjourned to 12/02/2021 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-02-2021

Date: 12-02-2021
Business: Adv Ms. Deepali Patankar for plff present.
Adv Mr. Sherekar h/f Adv Mr. Akshay Kapadiya for deft present and seeks time to serve copy of NM No.497/2020 on the plff.
Time granted till next date for NM reply.
Matter is adjd. for NM reply and CS hearing to 18.03.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-03-2021

Date: 18-03-2021
Business: Adv. Smt. Deepali Patankar for plaintiff present and submitted that, copy of NM 497/2020 is not served on the plaintiff till date.
Defendant No.1 present in person and seeks time to serve copy on plaintiff. Granted lastly till next date.
Adjourned for NM reply to 22.04.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-04-2021

Date: 22-04-2021
Business: None present for both the parties.
Due to Covid-19 Pandemic and SOP issued by Honble High Court, as both parties are absent, matter adjourned at same stage beyond Summer Vacation
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-07-2021

Date: 20-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-09-2021

Date: 17-09-2021
Business: Adv Ms. Deepali for plff present and seeks time for filing reply to NM No.497/2020.
Adv Mr. Akshay Kapadia for deft No.1 present.
Adv Ms. Shweta Iyger for deft No.5 present and filed vakalatnama at Exh.13
By consent, matter is adjd. for NM reply and argument to 25.10.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-10-2021

Date: 25-10-2021
Business: court is on Leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-12-2021

Date: 13-12-2021
Business: None present for plff.
Deft No.1 present.
Adv Ms. Shweta Iyer present for deft.No.5.
None present for other defts.
Plff failed to file reply hence, NM No.497/2020 proceed without reply of the plff.
K.B.
L.O. at 3.50 p.m.
Adv Vaidehi Pusalkar h/f Adv Deepali Patankar for plff present and seeks time to file reply in NM No.497/2020.
Adv Mr. Akshay Kapadia for deft No.1 present.
Adv Ms. Shweta Iyer present for deft.No.5 and filed pursis that reply dt.27.07.2017 filed by deft No.5 to NM No.2575/2016 be taken on record as WS of deft No.5. Plff to say.
Matter is adjd. for NM reply and say by plff to 11.02.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-02-2022

Date: 11-02-2022
Business: Due to Covid-19, matter is adjd.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-04-2022

Date: 16-04-2022
Business: None present for plff.
Defendant No.2 present in person and seeks adjournment.
None present for other defedants.
As nobody is present for the plaintiff, matter adjourned for NM
reply and say of the plantiff to 22/06/2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-06-2022

Date: 22-06-2022
Business: Court is on leave
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-07-2022

Date: 28-07-2022
Business: CA of Plaintiff no.1, Plaintiff no.2, Def. no.1 to 3 present.
Adv. for Deepali M. Patankar plaintiff & Defendant No. 2 to 4 present She filed in NM 497/2020 TOR marked as Exh.14. Copy is received by the Adv. for Def. No. 1.
Adv. Akshay Kapadia for Def. no. 1 present.
Matter adjd to 06.10.2022 for NM hearing/rejoinder if any.
Judge
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-10-2022

Date: 06-10-2022
Business: Defendant No. 2 present.
Adv.Mansi Vora for defendant No.5 present. She requested to direct the defendant No.1 to provide copy of NM 497/20.
KB
LO at 03.50 pm
Defendant No.2 present.
Adv.Akshay Kapadia for deft.No.1 present.
Matter adjd to 08.12.2022 for hearing of NM.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-12-2022

Date: 08-12-2022
Business: C.A of plaintiff present.
Adv.  Akshay Kapdiya for defendant no.1 present.
Adv.  Mansi Vora for defendant no.5 present.
Defendant no. 2 in person present.
Adv. for defendant no 5 submits that she has not received copy of NM 497 of 2020. the adv. for defendant no. 1 undertakes to provide the same.
Matter adj. to 20-02-2023 for say of defendant no. 5 and Hearing of NM
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-02-2023

Date: 20-02-2023
Business: Plaintiff No.2 present.
Defendant Nos.1 to 3 are present.
Adv.S.S. Kharat i/b.Adv.Dipali Patankar for plaintiff present.
Adv.Priya Pervi for defendant No.1 present. She requested time to serve the notice of motion on defendant No.5.
Matter adjd to 24.04.2023 for service affidavit and reply of defendant No.5 in NM.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 24-04-2023

Date: 24-04-2023
Business: Adv.Gaurav Dalvi present and filed vakalatnama for Adv.Omkar Khanwilkar on behalf of plaintiff. TOR and marked as Exh.14.
Adv.Priya Peravi for defendant No.1 present.
Plaintiff requested for time to file service affidavit of service of NM on defendant No.5. Last chance granted.
Matter adjd to 17.07.2023 for service affidavit/reply of deft.No.5 in NM.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-07-2023

Date: 17-07-2023
Business: Court is on leave
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 14-09-2023

Date: 14-09-2023
Business: matter is adjourned to
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 07-10-2023

Date: 07-10-2023
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-11-2023

Date: 04-11-2023
Business: Matter adjourned to
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 06-01-2024

Date: 06-01-2024
Business: Adv. Akshay Kapadia h/f Adv. Manthan Ravat for Plaintiff present.
Adv. Mukesh Yadav h/f Adv. Omkar Khanvilkar a/w defendant No.1 present.
Defendants No.2 and 3 in person present.
Defendant No.4 absent.
Adv. Shraddha Singh h/f Adv. Vicky Pahuja for defendant No.5 present.
Matter stands adjourned on 17.02.2024 for affidavit of service regarding NM and NM reply by defendants.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-02-2024

Date: 17-02-2024
Business: Plaintiff No.2 in person present.
Adv Vicky Pohuja for defendant No.5 present.
Adv Priya Pervi alongwith for defendant No.1 present.
Defendants No. 2 and 3 in person present.
None defendants No.4 and 6
Matter stands adjourned on  06/04/2024 for affidavit of service
and regarding NM.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 06-04-2024

Date: 06-04-2024
Business: Plaintiff No.2 in person present.
Advocate Shraddha Singh h/f Advocate Vicky Pahuja for defendant No.5 present.
Defendants No.2 and 3 present.
None for defendants No.1, 4 and 6 present.
Matter stands adjourned on 16.07.2024 for affidavit of service regarding Notice of Motion and Notice of Motion reply by
defendants.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-07-2024

Date: 16-07-2024
Business: Plaintiff No.2 present his Adv. absent.
Defendant No.2 and 3 present their Adv. absent.
Other defendants and their Adv. absent.
Matter is pending for hearing on Notice of Motion of the defendant since long. Matter adjourned for Notice of Motion hearing.
Matter stands adjourned on 20/09/2024 for Notice of Motion hearing.
Later on
Adv. Akshay Kapadiya for defendant No.1 present.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-09-2024

Date: 20-09-2024
Business: None for plaintiff present.
Adv. Priya Mante for defendant No.1 present.
Adv. Priyansh Jain for defendant No.5 present and filed vakalatnama. Seen. Taken on record and marked as Exhibit-8.
Matter adjourned for Notice of Motion hearing.
Matter stands adjourned on 16/11/2024 for Notice of Motion hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-11-2024

Date: 16-11-2024
Business: Adv. C. N. Gole for plaintiff No.1 and 2 present filed vakalatnama. Seen. Taken on record and marked as Exhibit-
Adv. Priya Mante for defendant No.1 present.
Adv. Ashna Shah for defendant No.5 present.
None for other defendant present.
Learned Adv. for plaintiff requested for short adjournment. Short adjournment granted.
Matter adjourned for Notice of Motion hearing.
Matter stands adjourned on 13/01/2025 for Notice of Motion hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-01-2025

Date: 13-01-2025
Business: Adv. C. N. Gole for plaintiff present and seeks time for Notice of Motion hearing. Time granted.
Adv. Priya for defendant No.1 present.
Adv. Upadhyay for defendant No.2 and 3 present.
Adv. Prashansha Agarwal along with Adv. Priyansh for defendant No.5 present.
None for other defendant present.
Matter stands adjourned on 18/02/2025 for Notice of Motion hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-02-2025

Date: 18-02-2025
Business: Adv. Gole for plaintiff present and filed draft Chamber Summons along with affidvit. Leave granted to register it.
Adv. Sherekar for defendant No.1 present.
Adv. Umashankar Upadhyay for defendant No.2 and 3 present filed vakalatnama. Seen. Taken on record and marked as Exhibit-10.
Adv. Priyansh Jain for defendant No.5 present.
Matter stands adjourned on 08/04/2025 for service, reply, and filing registered Chamber Summons.
Next Purpose: SERVICE
Next Hearing Date: 08-04-2025

Date: 08-04-2025
Business: Adv. C. N. Gole for plaintiff present and submitted registered Chamber Summons No.690/2025 along with affidavit. Taken on record.
Adv. Sherekar for defendant No.1 present.
Adv. Upadhyay for defendant No.2 and 3 present.
Adv. Prashansha Agarwal for defendant No.5 present.
Adv. Pushpalata Diwan for MHADA present and seeks time for taking instructions. Time granted.
Matter stands adjourned on 09/06/2025 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 09-06-2025

Date: 09-06-2025
Business: Adv. C. N. Gole for plaintiff present.
Defendant No.1 present his Adv. absent.
Defendants No.1 has not filed reply to Chamber Summons No.690/2025, despite of grant of time for the same since 18/02/2025 and even after that sufficient time from 08/04/2025.
Adv. Upadhyay for defendant No.2 and 3 present.
Adv. Prashansa Agarwal along with Adv. Priyansh Jain for defendant No.5 present.
None for other defendant present.
None for proposed defendants present.
No reply is filed for proposed defendant No.7 and 8 to Chamber Summons No.690/2025.
Chamber Summons is proceed for hearing without reply of defendant No.1. Learned Adv. for defendant No.2 and 3 submitted that defendant No.2 and 3 do not oppose the reliefs sought in the Chamber Summons. Learned Adv. for defendant No.5 seeks further time for filing reply to Chamber Summons No.690/2025. Already more than sufficient time is availed by defendant No.5 for filing reply and no further adjournment for the said purpose is justified. Hence, Chamber Summons is proceed further without reply of defendant No.5.
None present for defendant No.4. Hence, no reply order is passed against defendant No.4 with respect to Chamber Summons No.690/2025. Parties to take note.
Matter stands adjourned on 24/06/2025 for Chamber Summons hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 24-06-2025

Date: 24-06-2025
Business: P.O. is on leave.
Next Purpose: C/S  HEARING
Next Hearing Date: 18-08-2025

Date: 24-06-2025
Business: P.O. is on leave.
Next Purpose: C/S  HEARING
Next Hearing Date: 18-08-2025

Date: 18-08-2025
Business: None for plaintiff present.
Adv. Priya Malte for defendant No.1 present.
Defendant No.1 present.
Adv. Karnawat i/b Adv. Priyansh Jain for defendant No.5 present.
None for other defendant present.
Adv. for defendant No.1 prayed for grant of adjournment. Adjournment granted on oral request as a last chance.
Matter stands adjourned on 23/09/2025 for Chamber Summons hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 23-09-2025

Date: 23-09-2025
Business: Adv. C. N. Gole for plaintiff present.
Adv. Priya Mante for defendant No.1 present and filed draft Notice of Motion along with affidavit. Leave granted to register it. Copy served upon defendant No.2, 3 and 5.
Adv. U. S. Upadhyay for defendant No.2 and 3 present.
Adv. Prashansha Agarwal for defendant No.5 present.
Matter stands adjourned on 17/11/2025 for service, reply, and filing registered Notice of Motion.
Next Purpose: SERVICE
Next Hearing Date: 17-11-2025

Date: 17-11-2025
Business: Adv. C. N. Gole for plaintiff present.
Adv. Priya for defendant No.1 present.
Adv. Upadhyay for defendant No.2 and 3 present.
Adv. Agarwal for defendant No.5 present.
Keep Back.
Later on.
Adv. C. N. Gole for plaintiff present.
Adv. Priya for defendant No.1 present and filed registered Notice of Motion No.5255/2025. Taken on record.
She also filed reply to Chamber Summons No.670/2025. Taken on record.  Copy served upon other side.
Adv. Upadhyay for defendant No.2 and 3 present.
Adv. Agarwal for defendant No.5 present.
F.R.S.R. following order is passed in Notice of Motion No.5255/2025.
ORDER
1.Notice of Motion No.5255/2025 in Suit No.1485/2016 is allowed.
2.The delay of 76 days in filing the reply to the chamber summons No.690/2025 is hereby condoned by setting aside no say order dated 09.06.2025 subject to cost of Rs.400/- to be paid to plaintiff today itself.
3.Upon compliance reply to chamber summons No.690/2025 filed by the defendants be taken on record.
4.Parties to take note and proceed with the matter.
5.Proceeding of notice of motion No. 5255/2025 in Suit No.1485/2016 is closed.
Cost is complied today in court.
Matter stands adjourned on 09/01/2026 for hearing.
Next Purpose: HEARING
Next Hearing Date: 09-01-2026

Date: 09-01-2026
Business: Adv. C.M. Gole for plaintiff present.
Contesting defendant no.1 present.
Adv. Priya Manake for defendant no.1 present.
Adv. Priyansh Jain for defendant no.5 present.
Matter stands adjourned on 20-02-2026 for CS Hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 20-02-2026

Date: 20-02-2026
Business: Adv. C. N. Gole for plaintiff present.
Adv. Sherekar for defendant No.1 present.
Adv. Vivek Upadhyay for defendant No.2 and 3 present.
Adv. Prashansa Agarwal for defendant No.5 present and filed pursis. O-Read and Record plaintiff to take note. Taken on record and marked as Exhibit-11.
None for other defendant present.
Matter stands adjourned on 18/03/2026 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-03-2026

Date: 18-03-2026
Business: Adv. Gole  for plaintiff present.
Adv. Sherekar for defendant no.1 present.
Adv. Vivek Upadyay for defendant no. 2 and 3 present.
Adv. Agarwal for defendant no.5 present.
Ld. Adv. for plaintiff requested for time.
Matter stands adjourned on  21.04.2026 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 21-04-2026

Date: 21-04-2026
Business: Adv. Gole for plaintiff present.
Adv. Prashnsa Agrawal alongwith Priyansh Jain for defendant No. 5 present.
None for other defendant present.
Adv. for plaintiff sought clarification from Adv for defendant no 5 to enable into takes steps and carry out necessary amendment. Oral clarification given across the bar by Learned advocate. Plaintiff to take steps.
Matter stands adjourned on 28-07-2026 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 28-07-2026

Date: 28-07-2026
Business: None for plaintiff present.
Defendant no 1 present in person.
Adv. Prashansa Agarwal a/w  Adv. Priyansh Jain for defendant no. 5 present.
matter is for taking steps for plaintiff for amending the plaint and changing the name of defendant  no 5. however, today plaintiff and his advocate remain absent and failed to take steps. Plaintiff is directed to take steps on or before next date, failing which necessary order will be passed.
Matter stands adjourned on 06-10-2026 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-10-2026

Additional Case Details

Additional Case Details
Filing Number: 101400/2020
Filing Date: 31-01-2020
First Hearing Date: 27th February 2020
Court Number And Judge: 65-COURT 65 ADDL SESSIONS JUDGE

Orders

0

No order text is available in this record.

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