NOTICE OF MOTION
Raj Asharam PalVsRajkumar Asharam Pal
CNR MHCC0100144120199-COURT 09 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHERWISE
Decision Date: 29th August 2026
TrustJury record updated 19 Sept 2026
Case Overview
- Registration Number
- 100558/2019
- Registration Date
- 06 Feb 2019
Advocates
1For Petitioner
For Respondent
Not available
Parties
2Petitioner
Respondent
Acts & Sections
1Protection of Women from Domestic Violence Act · Sec 9
Case History / Proceedings
Case History
Date: 04-03-2019
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-03-2019
Date: 29-03-2019
Date: 16-04-2019
Reason For Adjournment: court time is over
Next Purpose: ARGUMENTS
Next Hearing Date: 18-06-2019
Date: 18-06-2019
Business: Court on leave
Next Purpose: ARGUMENTS
Next Hearing Date: 16-08-2019
Date: 16-08-2019
Business: Court is on leave
Next Purpose: ARGUMENTS
Next Hearing Date: 21-10-2019
Date: 21-10-2019
Reason For Adjournment: court time is over
Next Purpose: ARGUMENTS
Next Hearing Date: 23-11-2019
Date: 23-11-2019
Business: None for plaintiff.
Adv.Pooja Khara for defendant 1 present. (Ex-parte)
Matter adj for Ex-parte argument to 07.12.2019.
L.O. at 3.15pm
Adv. Rajneesh Dubey for plaintiff present.
Next Purpose: ARGUMENTS
Next Hearing Date: 07-12-2019
Date: 07-12-2019
Business: Adv. Rajnesh Dube for plaintiff is present.
Adv. Pooja Khrat for defendant no.1 is present. She filed draft NM a/w affidavit in support. Leave to register is granted. Copy is served on advocate of plaintiff
Matter adj for register NM/reply to 24/01/2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-01-2020
Date: 24-01-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-03-2020
Date: 12-03-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-12-2020
Date: 03-12-2020
Business: None present For the plaintiff.
None present For the deft.
Matter is adjd. to 08.03.2021 for NM hearing.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-03-2021
Date: 08-03-2021
Date: 23-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-07-2021
Date: 13-07-2021
Business: due to covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-08-2021
Date: 26-08-2021
Business: court is on leave
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-11-2021
Date: 12-11-2021
Business: court is on leave
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-01-2022
Date: 10-01-2022
Business: Adv Rajnish Dubey for plaintiff present.
He filed service affidavit TOR
None present for defendant no.1. Suit proceeded exparte against defendant no.1. None present for defendant no.2. Hence, matter is adjourned for NM hearing.
Matter is adjd. to 29.01.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-01-2022
Date: 29-01-2022
Business: Adv.R.A.Dubey for plaintiff is present.
None for defendant.
Ld Advocate
It appears that defendant no.1 is already taken out NM for setting aside for exparte order. In the circumstance today defendant no.1 is absent. If defendant no.1 fails to conduct hearing of the NM on next day it will be decided on merits.
Matter is adjd. to 23.02.2022 NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-02-2022
Date: 23-02-2022
Business: Adv Rajnish Dubey for plaintiff present.
None for defendants.
Heard Ld. adv of plaintiff on NM No. 357/2020.
None present for defendant no1.
Hence no argument on part of defendant no.1
Matter is listed for order on NM 357 of 2020.
Matter is adjd. to 05-03-2022 for NM order.
Next Purpose: NM ORDERS
Next Hearing Date: 05-03-2022
Date: 05-03-2022
Business: Adv.Rajnish Dubey for plaintiff present.None for defendant.F.R.S.R. following order is passed on NM No.357 of 2020 O R D E R 1.he Notice of Motion No. 357 of 2020 is allowed subject to payment of costs of Rs. 5000 to be paid by Defendant No.1 to Plaintiff within 30 days from the date of this order.2.The ex-parte order passed against Defendant No. 1 on 04/03/2019 is set aside on payment of cost by Defendant No.1 as aforesaid and the Written Statement of defendant No.1 which is already placed on record be accepted.3.Defendant No.1 shall bear his own costs of this Notice of Motion.4.Notice of Motion No.357 of 2020 is disposed of accordingly.Matter is adjd. to 05.04.2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-04-2022
Date: 05-04-2022
Business: None present for the parties.
Matter is adjd. to 24-06-2022 for N/m reply..
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-06-2022
Date: 24-06-2022
Business: None present for plaintiff.
Matter is adjd.to 18-08-2022 for N/m reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-08-2022
Date: 18-08-2022
Business: Adv. Mr.R.A. Dubey for plaintiff is present.
Defendant absent. Defendant is directed to pay the cost on or before next date failing which the necessary order will be passed.
Matter is adjd. to 15.09.2022 for reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-09-2022
Date: 15-09-2022
Business: Adv. Rajnish A. Dubey for plaintiff present.
None present for defendant.
The Deft. No. 1 filed Notice of Motion No. 357/2000 for setting aside exparte order and accepting written statement. The Notice of Motion is allowed subject to cost of Rs. 5000/- to be paid by the Deft.No. 1 to plaintiff within 30 days from the date of order and exparte order is set aside on 05.03.2022 but as per the direction till today the deft.no. 1 failed to comply the direction and fulfill the condition by paying cost of Rs.5000/- to plaintiff within 30 days from the date of order after laps of 5 months the deft.No.1 not complied and fulfill the condition.
Hence, the order is passed in NM by setting exparte order is restored for non compliance.
The Defendant also failed to file reply to NM No. 639/2021 after service to Notice of Motion. Hence, no reply order is passed against him. Hence Matter is adjd. to 03.11.2022 for NM /exparte hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-11-2022
Date: 03-11-2022
Business: None present for parties.
Matter is adjd. to 05.01.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-01-2023
Date: 05-01-2023
Business: Adv. Rajnish Dubey for plaintiff present.
None present for defendant.
Matter is adjourned to 10.02.2023 for Notice of Motion hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-02-2023
Date: 10-02-2023
Business: Adv. Rajnish Dubey for plaintiff present.
Adv. Suhas Kharat for defendant No.1 present and seeking time for Notice of Motion hearing. Granted as last chance.
Matter is adjourned to 27.03.2023 for both Notice of Motions hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-03-2023
Date: 27-03-2023
Business: Plaintiff present.
Adv. Rajnish Dubey for plaintiff present.
Defendant No. 1 present.
Adv. Suhas Kharat for defendant No. 1 present.
By Consent, Matter is adjourned to 28.04.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-04-2023
Date: 28-04-2023
Business: Adv. Rajnish Dubey for plaintiff present.
Defendant No.1 present.
Matter is adjourned to 11.07.2023 for Notice of Motion hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-07-2023
Date: 11-07-2023
Business: None present for both the sides.
Matter is adjourned to 18.09.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-09-2023
Date: 18-09-2023
Business: Plaintiff present.
Adv. Mr. Suhas Kharat for the defendant no.1present.
As the Court is busy in hearing on NM No. 753/2019 in SU No. 2244/2019. Hence, board is discharged.
Matter is adjourned to 27.10.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-10-2023
Date: 27-10-2023
Business: The plaintiff is present.
None present for the defendant.
Plaintiff is submitted that today his advocate is not available and prayed for adjournment. Hence, matter is adjourned.
Matter is adjourned to 18.01.2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-01-2024
Date: 18-01-2024
Business: As per Office Order PO has gone to visit Observation Home and Children Home in Bombay District (Bal Asha, Dr.Mozes Road, Mahalaxmi, Mumbai) Hence, Board is discharged.
Matter adjourned to
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-03-2024
Date: 04-03-2024
Business: Plaintiff is present.
Adv. Mr. R.A.Dubey for the plaintiff is present.
Adv. Ms. Pooja Kharat for defendant no. 1 and 2 is present.
Adv. for plaintiff submits that both the NMs be tagged alongwith suit. Hence, NM Nos. 639/21 and 558/19 are tagged alongwith suit. Adv. for defendant submit she intends to take out NM.
Matter is adjourned to 12.06.2024 for Hearing without WS.
Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
Next Hearing Date: 12-06-2024
Date: 12-06-2024
Business: Adv. Mr.Rajnish Dubey for the plaintiff is present.
None for defendant.
Matter is adjourned to 12.07.2024 for Hearing without WS.
Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
Next Hearing Date: 12-07-2024
Date: 12-07-2024
Business: Adv. Mr.R.A.Dubey for the plaintiff is present.
None for defendant.
Matter is adjourned to 26.08.2024 for Hearing without WS.
Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
Next Hearing Date: 26-08-2024
Date: 26-08-2024
Business: None present for plaintiff.
Adv Pooja Kharat for defendant no.1 present.
Time is granted for taking steps.
Matter is adjourned 25.09.2024 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 25-09-2024
Date: 25-09-2024
Business: None present for plaintiff.
None present for defendants.
As both parties and their advocates are absent, Matter is adjourned to 25/11/24 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 25-11-2024
Date: 25-11-2024
Business: None present for plaintiff.
Adv. Pooja Kharat present for defendants and sought adjournment to take necessary steps.
Matter is adjourned to 28/01/25 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 28-01-2025
Date: 28-01-2025
Business: Adv. Rajnish Dubey present for plaintiff.
None present for defendants.
Adv. for plaintiff filed affidavit of evidence of PW-01. O- Read and recorded. t.o.r. marked as Exh. 06.
He also filed list of documents alongwith affidavit of evidence. t.o.r. marked as Exh. 07 O- Other side to say.
Plaintiff to serve copy of affidavit of evidence to the defendants.
Matter is adjourned to 21/03/25 for filing say on documents/service.
Next Purpose: FILING SAY
Next Hearing Date: 21-03-2025
Date: 21-03-2025
Business: None present for plaintiff.
None present for defendants.
As both parties and their advocates are absent, Matter is adjourned for filing say on documents/service to 13/06/25.
Next Purpose: FILING SAY
Next Hearing Date: 13-06-2025
Date: 13-06-2025
Business: As Court is on leave. Board is discharged. Matter adjourned.
Next Purpose: FILING SAY
Next Hearing Date: 21-07-2025
Date: 21-07-2025
Business: None present for plaintiff.
None present for defendants.
As both parties and their advocates are absent, Matter is adjourned to 09/09/25 for filing say. (Afternoon session)
Next Purpose: FILING SAY
Next Hearing Date: 09-09-2025
Date: 09-09-2025
Business: None present for plaintiff and defendants.
Matter is adjourned to 03.11.2025 for filing say.
Next Purpose: FILING SAY
Next Hearing Date: 03-11-2025
Date: 03-11-2025
Business: None present for plaintiff and defendants.
Matter is adjourned to 02.02.2026 for filing say.
Next Purpose: FILING SAY
Next Hearing Date: 02-02-2026
Date: 02-02-2026
Business: Adv. Dube present for plaintiff.
None present for defendants.
Defendant nos.1 and 2 absent. No say filed on the list at Exh.7.
Document at sr. no.11 (only page no.1), sr. no.18, 20, 22, 23 are marked exhibit as follows
Exh.8-Office copy of letter dated 20.02.2018 written by the plaintiff to the Rationing Authority (only page no.1).
Exh.9-Original letter dated 28.08.2018 of the defendant no.2 to the plaintiffs advocate.
Exh.10-Original letter/order dated 17.02.2023 issued by the defendant no.2 to the plaintiff.
Exh.11-Original letter/reply dated 20.09.2022 issued by the defendant no.2 to the plaintiffs advocate.
Exh.12-Original payment receipt issued by the defendant no.2 for installation of new electric meter at suit premises.
Matter is adjourned to 21.02.2026 cross-examination.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 21-02-2026
Date: 21-02-2026
Business: None present for plaintiff and defendants.
Plaintiff and her advocate absent when repeatedly called. No application for adjournment is filed. Hence, evidence of plaintiff is hereby closed due to absence of plaintiff.
Matter is adjourned to 13.03.2026 for further evidence.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 13-03-2026
Date: 13-03-2026
Business: Adv. Rajnish Dubey present for plaintiff.
None present for defendants.
On last date evidence of the plaintiff is closed. As no WS of defendant nos.1 and 2 is on record hence, keep the matter for Arguments.
Advocate for plaintiff filed application for adjournment. TOR and marked as Exh.13. O-Adjournment granted for arguments.
Matter is adjourned to 15.04.2026 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 15-04-2026
Date: 15-04-2026
Business: As the Court is on leave. Hence, board is discharged and matter stands adjourned.
Next Purpose: ARGUMENTS
Next Hearing Date: 05-05-2026
Date: 05-05-2026
Business: As the Court is on leave. Hence, board is discharged and matter stands adjd.
Next Purpose: ARGUMENTS
Next Hearing Date: 19-06-2026
Date: 19-06-2026
Business: Adv. Pathak h/f Adv. Dube present for plaintiff and submitted that he will file written notes of arguments on next date. Considering the submission keep the matter on 04/07/2026.
None present for defendants.
Matter is adjourned to 04/07/2026 for filing written notes of arguments.
Judge
Next Purpose: ARGUMENTS
Next Hearing Date: 04-07-2026
Date: 04-07-2026
Business: None present for plaintiff and defendants.
As both parties and their advocates are absent, Matter is adjourned to 24.08.2026 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 24-08-2026
Date: 24-08-2026
Business: Adv. Sivoj Sule i/b Adv. Rajneesh Dubey present for plaintiff and filed written notes of arguments. TOR and marked as Exh.14.
O-RR.
None present for defendants.
Matter is adjourned to 29.08.2026 for further arguments if any.
Next Purpose: ARGUMENTS
Next Hearing Date: 29-08-2026
Date: 29-08-2026
Business: None present for plaintiff and defendants.
Judgment is pronounced in open court.
F.R.S.R. following Order is passed
अ.एल.सी.दावा क्रमांक 2684/2018 फेटाळण्यात येत आहे.
ब.खर्चाबाबत कोणतेही आदेश नाहीत.
In view of dismissal of suit, Notice of Motion Nos.558 of 2019 and 639 of 2021 stand disposed of.
Nature Of Disposal: OTHERWISE
Disposal Date: 29-08-2026Additional Case Details
Additional Case Details
Filing Number: 101367/2019 Filing Date: 06-02-2019 First Hearing Date: 04th March 2019 Decision Date: 29th August 2026 Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE
Orders
3Final Order 229 Aug 2026
29 Aug 2026
Order Details: Other Pdf Text: 29.08.2026 Sr. No. 02 CORAM: H.H.J. SHRI S. M. PATIL, (C.R. NO.09) SU 2684/2018 NM 558/2019 NM 639/2021 Exh.__ None present for plaintiff and defendants. Judgment is pronounced in open court. F.R.S.R. following Order is passed: vkns’k v- ,y-lh-nkok Øekad 2684@2018 QsVkG.;kr ;sr vkgs- c- [kpkZckcr dks.krsgh vkns'k ukghr- In view of dismissal of suit, Notice of Motion Nos.558 of 2019 and 639 of 2021 stand disposed of. (S. M. PATIL) Judge, City Civil Court, Gr. Bombay. -- 1 of 1 --
Interim Order 128 Apr 2023
28 Apr 2023
Order Details: Notice of Motion Pdf Text: None present for the parties. Perusing record, it appears that the suit is dismissed on 23.08.2016. Thereafter, on 16.10.2016 the plaintiff filed draft Notice of Motion for setting aside the order passed on 23.08.2016 and NM No. 2203 of 2017 was filed but that NM is also dismissed on 26.08.2019. Thereafter, again the plaintiff filed NM No. 558/20 for setting aside order in NM No. 2203/17. Perusing record, it also appears that the plaintiff is absent since long. The other party is also absent since 24.09.2021 for filing reply Therefore, no reply order is passed against defendant as defendant is failed to file reply since, 13.04.2020 and matter is continuously adjourned. The applicant is also absent for hearing and further proceeding of Notice of Motion. It appears that the parties are not willing to proceed with this Notice of Motion. Hence, this Notice of Motion No. 558/2020 is also hereby dismissed for want of prosecution. -- 1 of 1 --
Order 128 Apr 2023
28 Apr 2023
Order Details: Notice of Motion Pdf Text: None present for the parties. Perusing record, it appears that the suit is dismissed on 23.08.2016. Thereafter, on 16.10.2016 the plaintiff filed draft Notice of Motion for setting aside the order passed on 23.08.2016 and NM No. 2203 of 2017 was filed but that NM is also dismissed on 26.08.2019. Thereafter, again the plaintiff filed NM No. 558/20 for setting aside order in NM No. 2203/17. Perusing record, it also appears that the plaintiff is absent since long. The other party is also absent since 24.09.2021 for filing reply Therefore, no reply order is passed against defendant as defendant is failed to file reply since, 13.04.2020 and matter is continuously adjourned. The applicant is also absent for hearing and further proceeding of Notice of Motion. It appears that the parties are not willing to proceed with this Notice of Motion. Hence, this Notice of Motion No. 558/2020 is also hereby dismissed for want of prosecution. -- 1 of 1 --
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