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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

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: 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: 29-08-2026

    Additional 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

    3
    Final Order 2
    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 1
    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 1
    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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