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NOTICE OF MOTION

Smt. Kamala KrishnamurthyVsShri. Ajay Rishavchand Jain +1 more

CNR MHCC01001583202082-Court 82 Adhoc and Addl Sessions Judge
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--PARTLY ALLOWED
Decision Date: 28th July 2026

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100612/2020
Registration Date
06 Feb 2020

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 04-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 26-05-2020
    
    Date: 26-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 03-07-2020
    
    Date: 03-07-2020
    Business: National Lockdown
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 28-09-2020
    
    Date: 28-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 11-12-2020
    
    Date: 11-12-2020
    Business: Adv.Sasi for plaintiff.
    He filed registered NM 612/20 @ affidavit.
    Adjd for NM Hearing to 05-03-2021
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 05-03-2021
    
    Date: 05-03-2021
    Business: Adv. Omkar for plaintiff
    None for defendant
    Adjd on the request of plaintiff for Affidavit of service of NM to 12-07-2021
    Next Purpose: SERVICE
    Next Hearing Date: 12-07-2021
    
    Date: 12-07-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: SERVICE
    Next Hearing Date: 09-08-2021
    
    Date: 09-08-2021
    Business: None present for both parties.
    KB
    LO
    None present.
    Matter is adjd to 07.09.2021 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 07-09-2021
    
    Date: 07-09-2021
    Business: None present for both parties.
    KB
    LO
    Adv Mr.Sagar Mahamankar present for the plaintiff.
    He filed service affidavit of NM TOR
    None present for the defendant.
    NM is taken out for recasting the issues. Defendant\''s advocate was served by hand on 10.02.2020. However, no say is filed. Hence, NM to proceed without say of defendant. Matter be placed for arguments on NM
    Matter is adjd to 05.10.2021 NM argument
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 05-10-2021
    
    Date: 05-10-2021
    Business: Adv E.A.Sasi for plaintiff present
    None for defendant.
    Matter is adjd for NM Argument to 20.10.2021.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 20-10-2021
    
    Date: 20-10-2021
    Business: None present for the plaintiff.
    Adv Parte present for the defendant.
    Matter is adjd to 04.12.2021 for NM argument.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 04-12-2021
    
    Date: 04-12-2021
    Business: P. O. is on leave.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 25-01-2022
    
    Date: 25-01-2022
    Business: As per SOP dated 07/01/2022, in Office Order No.07/2022, due to COVID-19 (Third wave, Omicron).
    Matter is adjd. to 22-02-2022 for NM Argument.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 22-02-2022
    
    Date: 22-02-2022
    Business: None present.
    Matter is adjd. NM dismissal to 29-03-2022.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 29-03-2022
    
    Date: 29-03-2022
    Business: None present.
    Matter is adjd. for NM dismissal to 20-06-2022.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 20-06-2022
    
    Date: 20-06-2022
    Business: P.O.is on leave.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 06-08-2022
    
    Date: 06-08-2022
    Business: court is vacant
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 15-10-2022
    
    Date: 15-10-2022
    Business: As court is vacant
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 07-01-2023
    
    Date: 07-01-2023
    Business: As court is vacant
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 23-03-2023
    
    Date: 23-03-2023
    Business: Adv. Bhageshree Mangale for plaintiff present.
    None for defendant.
    Advocate for plaintiff filed Vakalatnama
    Advocate for plaintiff filed application for set-aside dismissal caption marked as Exh- 10 T.O.R. O- other side to say.
    Draft Ch/s along with affidavit in support of Ch/s tendered by advocate for the plaintiff.
    Matter Adjd for Say on Exh-10 on 26/04/2023 .
    Next Purpose: REPLY
    Next Hearing Date: 26-04-2023
    
    Date: 26-04-2023
    Business: As court is vacant.
    Next Purpose: REPLY
    Next Hearing Date: 07-08-2023
    
    Date: 07-08-2023
    Business: None present for plaintiff.
    Adv. Santosh S.K present for defendant. Seeking time for reply on CS. Time is granted.
    L.O. at 4.20 pm.
    Adv. E.A. Shashi present for plaintiff, tendered register CS No.672/23 TOR.
    Matter stands adjourned for CS and NM hearing on 26-09-2023
    at 2.45 pm.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-09-2023
    
    Date: 26-09-2023
    Business: None present.
    KB.
    L.O. at 12.20 pm.
    Adv. Bhagyashri Mangale present for plaintiff. Seeking time to file service affidavit in CS. Time is granted.
    Matter stands adjourned for service on 29-11-2023.
    Adv. Santosh S.K. present for defendant.
    Matter is already stands adjourned for service on 29-11-2023.
    Next Purpose: SERVICE
    Next Hearing Date: 29-11-2023
    
    Date: 29-11-2023
    Business: P. O. is on Leave.
    Next Purpose: SERVICE
    Next Hearing Date: 25-01-2024
    
    Date: 25-01-2024
    Business: None present for plaintiff.
    Adv. Santosh S.K. present for defendant. Seeking time to file reply. Time is granted.
    Matter stands adjourned for reply on 27-03-2024.
    L.O. at 4.00 pm.
    Adv. Arnav Rane present for plaintiff, tendered service affidavit to
    Chamber Summons TOR.
    Matter is already stands adjourned for reply on 27-03-2024.
    Next Purpose: REPLY
    Next Hearing Date: 27-03-2024
    
    Date: 27-03-2024
    Business: None present for plaintiff.
    Adv. Santosh S.K. present for defendant.
    Matter stands adjourned for reply on 19-06-2024.
    Next Purpose: REPLY
    Next Hearing Date: 19-06-2024
    
    Date: 19-06-2024
    Business: P. O. is on Leave.
    Next Purpose: REPLY
    Next Hearing Date: 21-08-2024
    
    Date: 21-08-2024
    Business: As the presiding officer is on leave, hence, matter is adjourned to
    Next Purpose: REPLY
    Next Hearing Date: 07-10-2024
    
    Date: 07-10-2024
    Business: Adv. Tejas Shinde present for Applicant.
    None present for defendant.
    Defendant failed to file reply to Chamber Summons, hence, proceed without reply to Chamber Summons.
    Heard counsel of applicant.
    The applicant claimging that they are only legal heirs of deceased plaintiff. In absence of reply of defendant, there is no reason dis-believe the contention of applicants, hence, they are entitled to implead themselves in the place of deceased plaintiff and to carry out the amendment, hence, I proceed to pass following order
    Order
    1. Chamber Summons No.672/23 stands allowed.
    2. Applicant is permitted to implead as a legal heirs deceased
    plaintiff and to carry out the amendment as per schedule within
    stipulated period.
    3. Chamber Summons No.672/23 is disposed off accordingly.
    Matter stands adjourned for compliance on 09-12-2024.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 09-12-2024
    
    Date: 09-12-2024
    Business: Adv. Tejas Shinde present for plaintiff, tendered extension application to carry out the amendment and for dispensing with the appearance of plaintiff TOR marked as Exh.11.
    Heard.
    O- Extension of time is granted of one week and appearance of plaintiff dispense with while carry out the amendment.
    Adv. Pooja Joshi present for defendant through Video Conference.
    Matter stands adjourned for compliance on 05-02-2025.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 05-02-2025
    
    Date: 05-02-2025
    Business: As court is vacant. Hence, matter is adjd to.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 24-03-2025
    
    Date: 24-03-2025
    Business: As court is vacant. Hence, matter is adjd to.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 17-04-2025
    
    Date: 17-04-2025
    Business: P. O. is on Leave.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 27-06-2025
    
    Date: 27-06-2025
    Business: Adv. Tejas Shinde present for plaintiff.
    None present for defendant.
    Matter stands adjourned to 18-08-2025 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 18-08-2025
    
    Date: 18-08-2025
    Business: Adv. Arnav Rane i/b E.A. Sasi present for plaintiff.
    None present for defendant.
    No reply has been filed to the Notice of Motion. Hence, matter is kept for Notice of Motion hearing.
    Matter stands adjourned to 16-09-2025 for Notice of Motion
    hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-09-2025
    
    Date: 16-09-2025
    Business: Adv. Bijoy Chacko h/f E.A. Sasi  present for plaintiff.
    Adv. Pooja Joshi i/b Santosh Kyadiguppi  present for defendant, tendered reply to Notice of Motion No.612/2020 TOR.
    Copy of reply supplied to plaintiff.
    Matter stands adjourned to 17-11-2025 for Notice of Motion
    hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-11-2025
    
    Date: 17-11-2025
    Business: Adv. Tejas Shinde present for plaintiff.
    None present for defendant.
    Heard the arguments of plaintiff on Notice of Motion.
    Matter stands adjourned to 28-01-2026 for Notice of Motion
    hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-01-2026
    
    Date: 28-01-2026
    Business: As the court is busy in dictating order in NM No.1125/2020 and admissibility of documents Suit No.1050/17 and 1623/14 and hearing in Sessions Cases. Hence, rest of the board stands discharged.
    Matter stands adjourned to 27-04-2026 for Notice of Motion
    hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-04-2026
    
    Date: 27-04-2026
    Business: As the Court is busy in hearing arguments in Suit No. 7466/1997, dictating a part-order in Commercial Suit 398/2024 and a part-judgment in Commercial suit 646/2024, the rest of the Civil board stands discharged.
    Matter stands adjourned to 28.07.2026 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-07-2026
    
    Date: 28-07-2026
    Business: Matter received from C.R.85 as per  office order dated 29-06-2026.
    Plaintiff absent. Adv. Tejas Shinde h/f E. A. Sasi for plaintiff present.
    Defendant absent. Adv. Pooja Joshi for defendant present through VC.
    Heard Argument.
    FRSR following order is passed.
    ORDER
    1.Notice of Motion No. 612 of 2020 is partly allowed in Summary Suit No.153 of 2016.
    2.Accordingly, the issue No.2 is recast below Exh.9 today, both the party to take note of the same.
    4.Notice of Motion No.612 of 2020 is disposed of accordingly.
    Matter adjourned to 21-08-2026 for filing of plaintiff evidence.
                                                                                                      Judge
    Nature Of Disposal: PARTLY ALLOWED
    Disposal Date: 28-07-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 101577/2020
    Filing Date: 06-02-2020
    First Hearing Date: 04th May 2020
    Decision Date: 28th July 2026
    Court Number And Judge: 82-Court 82 Adhoc and Addl Sessions Judge

    Orders

    1
    Final Order 1Full order available
    28 Jul 2026

    Order Details: Notice of Motion Pdf Text: ORDER NM 612/2020 ..1.. in Sum Suit No.153/2016 MHCC010015832020 Presented on : 06/02/2020 Registered on : 06/02/2020 Decided on : 28/07/2026 Duration : 06 Y: 05 M : 22 D IN THE BOMBAY CITY CIVIL COURT, GREATER MUMBAI AT MAZGAON NOTICE OF MOTION NO.612 OF 2020 IN SUMMARY SUIT NO.153 OF 2016 Smt. Kamala Krishnamurthy ] ...Applicant/Plaintiff IN THE MATTER BETWEEN : Smt. Kamala Krishnamurthy ] ..Plaintiff. Versus 1. Mr. Ajay Rishavchand Jain…

    Read Full Order

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