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NOTICE OF MOTION

Rajesh S. PatwaVsThe Commissioner of Municipal Corporation of Greater Mumbai Mahapalika Bhavan

CNR MHCC0100278520205-COURT 05 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 04th May 2023

TrustJury record updated 28 Sept 2026

Case Overview

Registration Number
101005/2020
Registration Date
05 Mar 2020

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: 06-03-2020
    Business: Adv. Mr. R. N. Sharma for plaintiff present and registered chamber summons no. 419/2020 alongwith affidavit t.o.r.
    Adv. Mr. Suyavanshi for MCGM/deft present.
    K. B.
    L. O. at 03.25 p.m.
    Adv. Mr. Anup Sharma for defendant no.3 present.
    Matter is adjd to 16/03/2020 for reply on ch/s.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 16-03-2020
    
    Date: 16-03-2020
    Business: As court is on leave.
    Matter adjd to 20.04.2020  for Ch/s. Reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 20-04-2020
    
    Date: 20-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: C/S REPLY
    Next Hearing Date: 11-05-2020
    
    Date: 11-05-2020
    Next Purpose: C/S REPLY
    Next Hearing Date: 30-05-2020
    
    Date: 30-05-2020
    Business: In view of extension of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
    Next Purpose: C/S REPLY
    Next Hearing Date: 17-06-2020
    
    Date: 17-06-2020
    Next Purpose: C/S REPLY
    Next Hearing Date: 22-07-2020
    
    Date: 22-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: C/S REPLY
    Next Hearing Date: 11-08-2020
    
    Date: 11-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: C/S REPLY
    Next Hearing Date: 21-09-2020
    
    Date: 21-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: C/S REPLY
    Next Hearing Date: 15-10-2020
    
    Date: 15-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: C/S REPLY
    Next Hearing Date: 31-10-2020
    
    Date: 31-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: C/S REPLY
    Next Hearing Date: 26-11-2020
    
    Date: 26-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: C/S REPLY
    Next Hearing Date: 17-12-2020
    
    Date: 17-12-2020
    Business: None present for plaintiff.
    Adv Rawade present for MCGM/defendant.
    Matter adjourned for CS reply to 04.01.2021.
    Next Purpose: C/S REPLY
    Next Hearing Date: 04-01-2021
    
    Date: 04-01-2021
    Business: None present for plaintiff.
    Adv Suryawanshi/Nandanwar present for MCGM/Defendant.
    Matter adjourned for CS reply to 22.01.2021.
    Next Purpose: C/S REPLY
    Next Hearing Date: 22-01-2021
    
    Date: 22-01-2021
    Business: As court is on leave hence matter adjd to
    Next Purpose: C/S REPLY
    Next Hearing Date: 22-02-2021
    
    Date: 22-02-2021
    Business: Adv RN Sharma present for plaintiff.
    Adv Soraan present for MCGM/defendant.
    None present for defendant no.3 to 8 and have not filed reply on CS No.419/2020 till date hence CS to proceed without their reply.
    F.R.S.R. Following order is passed below CS No.419/2020-
    ORDER
    1. Chamber Summons No.419/2020 is hereby allowed as prayed for, subject to cost Rs.250/- payable to legal aid account.
    2. Plaintiff is permitted to carryout the amendment shown in the schedule within 14 days from the date of this order. Further, amended plaint shall also be produced within the said prescribed period under Order 6 Rule 17 and 18  of the C.P.C.
    3. Thereafter, defendant will be at liberty to submit consequential written statement, if any.
    4. Plaintiff shall avoid delay in the main suit.
    Matter adjourned for compliance to 09.03.2021.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 09-03-2021
    
    Date: 09-03-2021
    Business: Court is on leave.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 06-04-2021
    
    Date: 06-04-2021
    Business: Board is discharged due to covid-19 pandamic.
    Matter adjourned for Compliance. to. 30/04/2021.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 30-04-2021
    
    Date: 30-04-2021
    Business: Due to covid-19 matter adjd. to
    Next Purpose: COMPLIANCE
    Next Hearing Date: 23-06-2021
    
    Date: 23-06-2021
    Business: As court is on leave, matter is adjd. to
    Next Purpose: COMPLIANCE
    Next Hearing Date: 17-07-2021
    
    Date: 17-07-2021
    Business: As presiding Officer is on leave hence matter is adjd. to
    Next Purpose: COMPLIANCE
    Next Hearing Date: 07-08-2021
    
    Date: 07-08-2021
    Business: Adv. panchal h/f  adv. Gandhy for plaintiff present and requested time for compliance
    Adv. for MCGM/defendant.
    Earlier order if any to continue till the next date.
    Matter adjourned for compliance to. 22/09/2021.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 18-09-2021
    
    Date: 18-09-2021
    Business: Coram H.H.J. SHRI. SANTOSH. D. KULKARNI , City Civil Court, Mumbai.(C.R.08)
    Matter pertains to C. R. No. 05.
    Adv. Sharma present  for plaintiff.
    None present for MCGM/defendant.
    Plaintiffs adv. tendered NM @ affidavit of service t.o.r.
    O-Leave is granted to registered NM.
    Matter adjourned for Service and reply on 18-10-2021.
    I/C Judge
    Next Purpose: SERVICE
    Next Hearing Date: 18-10-2021
    
    Date: 18-10-2021
    Business: In the view of Holiday declared by the Hon''ble Bombay High Court, Board is discharged and Matter is adjd. to.
    Next Purpose: SERVICE
    Next Hearing Date: 27-11-2021
    
    Date: 27-11-2021
    Business: Adv. Rajendra present for plaintiff and sought adjournment for service.
    Adv. Sutar present for MCGM/defendant.
    Matter adjourned for service on 31-12-2021.
    Next Purpose: SERVICE
    Next Hearing Date: 31-12-2021
    
    Date: 31-12-2021
    Business: None Present For Plaintiff.
    Adv. Sutar present  for MCGM/defendant.
    As plaintiff and his adv. absent, Matter adjourned for service to. 05/02/2022.
    Next Purpose: SERVICE
    Next Hearing Date: 05-02-2022
    
    Date: 05-02-2022
    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 adjourned to
    Next Purpose: SERVICE
    Next Hearing Date: 08-03-2022
    
    Date: 08-03-2022
    Business: As presiding officer is on leave. Hence, matter is adjourned to
    Next Purpose: SERVICE
    Next Hearing Date: 25-04-2022
    
    Date: 25-04-2022
    Business: Coram H.H.J. Smt. S.G.Shaikh City Civil Court, Mumbai.(C.R.06)
    Matter pertains to C.R.05
    Adv. Sharma for plaintiff present.
    Adv. Smt. Vidya Vyavahare for MCGM/ defendant  present.
    Earlier order if any to continue till the next date.
    Matter  adjourned for NM hearing to 25-07-2022
    I/c Judge
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-07-2022
    
    Date: 25-07-2022
    Business: Adv. Shaikh present for Plaintiff.
    Adv. Soraan present for Def/MCGM.
    Earlier order if any to continue till the next date
    Matter is adjd for  NM hearing on 22-08-2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-08-2022
    
    Date: 22-08-2022
    Business: Court is busy in hearing in urgent matters i.e. Suit No. 1628 of 2009,Suit No. 1849 of 2022 and urgent hearing in ad-interim matters i.e. Stamp No. 1844 of 2022, Stamp No. 9205 of 2022 and order dictating in Suit No. 2351 of 2014 and Suit No.1193 of 2019 . Hence want of time board is discharged.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-09-2022
    
    Date: 14-09-2022
    Business: Adv Shaikh for Plaintiff present.
    Adv Smt. Kumud Soraan for defendant/MCGM present.
    Say filed by adv for Plaintiff.
    FRSR the following order is passed on NM 2179/2021
     ORDER
    1. Notice of Motion No.2179 of 2021 is made absolute in terms of prayer clause(a).
    2. Delay in taking out the Notice of Motion is condoned and plaintiff is permitted to carry out the amendment as per schedule annexed to  Chamber Summons No.419 of 2020 within 14 days of passing of this order.
    3. Notice of Motion is disposed off.
    Matter is adjd for compliance on 09-11-2022
    Next Purpose: COMPLIANCE
    Next Hearing Date: 09-11-2022
    
    Date: 09-11-2022
    Business: As Court is busy in dictating judgment in Suit No 4843 of 2009 and order in Ch/s. No.1802/2021 and hearing of Suit no. 1031/2015. Hence want of time rest of the board is discharged.
    Matter is adjd for compliance on 06-12-2022
    Next Purpose: COMPLIANCE
    Next Hearing Date: 06-12-2022
    
    Date: 06-12-2022
    Business: P.O. is on leave.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 07-01-2023
    
    Date: 07-01-2023
    Business: Adv R.N. Sharma for Plaintiff present.
    Adv. Mr. Bibhishan Sutar for MCGM/ defendant  present.
    On oral request made by advocate for plaintiff short adjournment is granted. Matter is adjd for compliance on 11-01-2023
    Next Purpose: COMPLIANCE
    Next Hearing Date: 11-01-2023
    
    Date: 11-01-2023
    Business: Adv R.N. Sharma for Plaintiff present and tendered amended copy of plaint on record. TOR. Copy served upon deft/MCGM.
    Adv Smt. Kumud Soraan for defendant/MCGM present.
    Matter is adjd for NM hearing on 06-02-2023
    Next Purpose: COMPLIANCE
    Next Hearing Date: 06-02-2023
    
    Date: 06-02-2023
    Business: As Court is busy in dictating judgment in SU 2834/10 and order in NM 487/23, hence for want of time, board is discharged.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 15-03-2023
    
    Date: 15-03-2023
    Business: As presiding officer is on leave. Hence, matter is adjourned to
    Next Purpose: COMPLIANCE
    Next Hearing Date: 17-04-2023
    
    Date: 17-04-2023
    Business: Adv. Sharma present  for plaintiff.
    Adv. Patil for MCGM/defendant for 1 and 2.
    Adv. for def. no. 3 to 8 are absent.
    Say filed by defendants /MCGM on Nm no. 1005/2020.
    Heard argument by both sides on NM no. 717/119
    Matter adjourned for NM hearing on 04-05-2023
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 04-05-2023
    
    Date: 04-05-2023
    Business: Adv R.N. Sharma for Plaintiff present.
    Adv. Pradeep Patil for MCGM/ defendant  present.
    F.R.S.R. the following order is passed
                          ORDER
    1.  Notice of Motion No. 1005 of 2020 is made absolute.
    2. The plaintiff is permitted to lead further evidence and produce additional documents in the interest of justice.
    3  The defendants are permitted to cross examine plaintiff\''s witness on the point of additional evidence and documents.
    4. Notice of Motion is disposed off.
    Authenticated copy of today\''s roznama be given to the parties if requested.
    Nature Of Disposal: ALLOWED
    Disposal Date: 04-05-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 103143/2020
    Filing Date: 05-03-2020
    First Hearing Date: 06th March 2020
    Decision Date: 04th May 2023
    Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    04 May 2023

    Order Details: Notice of Motion Pdf Text: 1 N.M. No.1005 of 2020 CNR: MHCC010027852020 IN THE BOMBAY CITY CIVIL C0URT AT BOMBAY NOTICE OF MOTION NO.1005 OF 2020 IN L.C.SUIT NO.03 OF 2008 Shri. Rajesh S. Patwa .. Plaintiff V/s. 1 The Commissioner of Municipal Corporation of Greater Mumbai & Ors. .. Defendants Appearance: Adv. Sharma for plaintiff. Adv. Patil for MCGM/defendant for 1 and 2. Adv. for def. no. 3 to 8 are absent. CORAM : HER HONOUR ADHOC…

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