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NOTICE OF MOTION

Nilesh Shankarlal GuptaVsShivji Matukdhari Shukla And Ors

CNR MHCC0100292820195-COURT 05 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 01st July 2025

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
101132/2019
Registration Date
15 Mar 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: 22-03-2019
    Business: Adv.Mr.Pradip Naik for plaintiff present.
    Adv.Mr.Patil for defendant/MCGM present.
    Adv.of plaintiff filed registered NM No.1132/19 a/w.affidavit t.o.r.
    Matter adjd to 26.03.2019 for NM reply and hearing.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 26-03-2019
    
    Date: 26-03-2019
    Business: Plaintiff and his Adv.absent.
    Defendant and his Adv.absent.
    Adv.Shri Dhumale for defendant/MCGM present.
    LO
    Adv.Sanjana for plaintiff present.
    Application filed by Adv.of plaintiff for issuance of notice through
    Court to deft. 1 to 4 t.o.r.
    Matter adjd to 13.06.2019 for NM reply/order.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 13-06-2019
    
    Date: 13-06-2019
    Business: Wrongly on board. Already adjd
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 09-07-2019
    
    Date: 09-07-2019
    Business: PO is  on training program at Uttan, hence, board discharged.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 20-08-2019
    
    Date: 20-08-2019
    Business: Matter adjd to 24.09.2019 for Affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 24-09-2019
    
    Date: 24-09-2019
    Business: Plaintiff and Adv. Mr. Surendra Yadav Present.
    Adv. Mrs. Dhuri  for defendant /MCGM present and filed reply alongwith list of documents t.o.r.
    Adv. For plaintiff seeks time for argument.
    Matter adjd to 07/11/2019 for hrg.
    Next Purpose: HEARING
    Next Hearing Date: 07-11-2019
    
    Date: 07-11-2019
    Business: Plaintiff absent and Adv. Mr. Yadav present.
    Adv. Mrs. Dhuri  for defendant/MCGM present.
    Adv. Mr. Shukla for defendant no.1 present and seeks time to file reply.  Time granted.
    By consent matter adjd to 30/11/2019 for hearing.
    Next Purpose: HEARING
    Next Hearing Date: 30-11-2019
    
    Date: 30-11-2019
    Business: P. O. is on half day leave (Second Session).
    Matter adjd to 23/01/2020 for hearing.
    Next Purpose: HEARING
    Next Hearing Date: 23-01-2020
    
    Date: 23-01-2020
    Business: Plaintiff and advocate are absent.
    Adv. Mrs. Rawade for the defendant  MCGM Present
    Adv. Mr. Shukla for the defendant no.1 present and filed affidavit of reply t.o.r.
    Matter is adjd to 13/02/2020 for hrg. on n.m.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 13-02-2020
    
    Date: 13-02-2020
    Business: Plaintiff and advocate absent.
    Adv. Mrs. Rawade for MCGM/deft present.
    Adv. Mr. Dubey for defendant no.1 present.
    Matter is adjd to 12/03/2020 for dismissal of n.m
    Next Purpose: DISMISSAL
    Next Hearing Date: 12-03-2020
    
    Date: 12-03-2020
    Business: Plaintiff and Adv. absent.
    Adv. Mrs. Rawade for MCGM/deft present.
    As Court is busy in recording evidence in Civil as well as Session matters and misc. work hence,
    Matter is adjd to 28/04/2020 for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 28-04-2020
    
    Date: 28-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: DISMISSAL
    Next Hearing Date: 19-05-2020
    
    Date: 19-05-2020
    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: DISMISSAL
    Next Hearing Date: 06-06-2020
    
    Date: 06-06-2020
    Business: COVID-19 LOCKDOWN.
    Next Purpose: DISMISSAL
    Next Hearing Date: 24-06-2020
    
    Date: 24-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: DISMISSAL
    Next Hearing Date: 03-08-2020
    
    Date: 03-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: DISMISSAL
    Next Hearing Date: 11-09-2020
    
    Date: 11-09-2020
    Business: None present for Plaintiff.
    None present for defendant.
    Matter adjourned for Dismissal to 02.11.2020.
    Next Purpose: DISMISSAL
    Next Hearing Date: 02-11-2020
    
    Date: 02-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: DISMISSAL
    Next Hearing Date: 04-12-2020
    
    Date: 04-12-2020
    Business: None present for plaintiff.
    Adv Nandanwar/Suryawanshi present for MCGM/defendant.
    Matter adjourned for dismissal to 06.01.2021.
    Next Purpose: DISMISSAL
    Next Hearing Date: 06-01-2021
    
    Date: 06-01-2021
    Business: None present for plaintiff.
    Adv Nandanwar present for MCGM/defendant.
    Matter adjourned for dismissal to 01.02.2021.
    Next Purpose: DISMISSAL
    Next Hearing Date: 01-02-2021
    
    Date: 01-02-2021
    Business: None present for plaintiff.
    Adv Soraan present for MCGM/defendant.
    Matter is for dismissal, as per board.
    Hence as a last chance keep for dismissal on next date.
    Matter adjourned for dismissal to 20.02.2021 at 11.00 am.
    LO at 3.20 pm.
    Adv Surendra Yadav (hf) present for plaintiff.
    Adv of plaintiff submitted that in this matter reply of MCGM is received on NM but reply of private parties i.e. defendant no.2 and 3 is awaiting. Hence adjourned for NM reply of defendant no.2 and 3.
    Matter adjourned for NM reply to 20.02.2021 at 2.45 pm.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 20-02-2021
    
    Date: 20-02-2021
    Business: Adv Saurav Desai present for plaintiff.
    None present for MCGM/defendant.
    None present for defendant no.2 and 3.
    Adv of plaintiff sought adjournment.
    Matter adjourned for NM reply of defendant no.2 and 3 to 25.03.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 25-03-2021
    
    Date: 25-03-2021
    Business: Adv absent for plaintiff.
    Adv Rawade  present for MCGM/defendant.
    Matter adjourned for  NM Reply to. 15/04/2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 15-04-2021
    
    Date: 15-04-2021
    Business: In view of holiday declared by hon''ble High Court. Matter is adjd. to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-06-2021
    
    Date: 17-06-2021
    Business: In view of Office Circular/Order 106/2021 Dt. 14-06-2021 , only urgent matters are taken, hence the remaining board is discharged.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 15-07-2021
    
    Date: 15-07-2021
    Business: As presiding Officer is on leave, hence board is discharged so matter is adjd. to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 13-08-2021
    
    Date: 13-08-2021
    Business: Adv. absent for plaintiff.
    Adv. Nitesh present for defendant no. 01
    Adv. absent for MCGM/defendant.
    As adv. of plaintiff and adv. for MCGM/defendant both are absent and parties are also absent, Matter adjourned for nm reply rejoinder to. 21/09/2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 21-09-2021
    
    Date: 21-09-2021
    Business: Adv. Surendra Yadav present  for plaintiff and sought adjournment.
    Adv. Sutar present for MCGM/defendant.
    Adv. Pandey present for Def. No. 1.
    Matter adjourned for NM hearing on 07-10-2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-10-2021
    
    Date: 07-10-2021
    Business: adv. Sanjana Yadav present for plaintiff and sought adjournment.
    Adv. Bibhishan Sutar present for MCGM/defendant.
    adv. Nitesh Pandey present for defendant no. 01.
    Matter adjourned for nm hearing to. 30/11/21.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-11-2021
    
    Date: 30-11-2021
    Business: Adv. Saurabh Desai hf adv. Laxmi Mishra Present For Plaintiff.
    Adv. Sutar present for MCGM/defendant.
    Plaint
    Vakalatnama. O- Seen and filed.
    Address Memo. O- R and R.
    List of documents. O - Seen and filed.
    Affidavit in support of plaint.  and he tendered application for adjournment.t.o.r. marked as Exh. 06.
    O- considering the reason application is allowed
    Matter adjourned for nm hearing to. 25/01/22.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-01-2022
    
    Date: 25-01-2022
    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 adjourned to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-03-2022
    
    Date: 01-03-2022
    Business: As presiding officer is on leave. Hence, matter is adjourned to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-04-2022
    
    Date: 22-04-2022
    Business: H.H.J gone to training programe at Uttan hence, board discharged matter adjd to.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-07-2022
    
    Date: 04-07-2022
    Business: As court is busy.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-08-2022
    
    Date: 19-08-2022
    Business: Adv. Sanjana Yadav for Plaintiff present.
    Adv. Pande for deft no.1 present.
    Adv for Plaintiff filed adjournment application. TOR. Exh-- O- Allowed as last chance.
    Matter is adjd for NM hearing on 22-09-2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-09-2022
    
    Date: 22-09-2022
    Business: Court is busy in judgment dictating in High Court Time Bound Matter i.e. Suit No.216 of 2012 and urgent hearing in Suit No. 1764 of 2022. Hence want of time board is discharged. 19-11-2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-11-2022
    
    Date: 19-11-2022
    Business: As P.O. is on leave. Hence matter is ajdj.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-01-2023
    
    Date: 19-01-2023
    Business: As presiding officer is on leave. Hence, matter is adjourned to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-03-2023
    
    Date: 16-03-2023
    Business: As presiding officer is on leave. Hence, matter is adjourned to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-06-2023
    
    Date: 13-06-2023
    Business: None for Plaintiff.
    Adv. Mrs. Vyavhare for defendant/ BMC present.
    Matter is adjd. to 10/08/2023 for N/M hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-08-2023
    
    Date: 10-08-2023
    Business: None for Plaintiff.
    Adv. Ms. Vyavahare for MCGM present.
    Matter is adjd  to 19.10.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-10-2023
    
    Date: 19-10-2023
    Business: None for Plaintiff.
    Adv. Ms. Rawade for MCGM present.
    Matter is adjd  to 19.12.2023 for  NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-12-2023
    
    Date: 19-12-2023
    Business: None for Plaintiff.
    Adv. Ms. Rawade for MCGM present.
    Matter is adjd  to 20.02.2024  for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-02-2024
    
    Date: 20-02-2024
    Business: None for Plaintiff.
    Adv. Ms. Rawade for MCGM present.
    Matter is adjd  to 04.04.2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-04-2024
    
    Date: 04-04-2024
    Business: None for Plaintiff.
    Adv. Ms. Rawade for MCGM present.
    Matter is adjd  to 02.07.2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-07-2024
    
    Date: 02-07-2024
    Business: None for Plaintiff.
    Adv. Om Suryawanshi for Defendant/MCGM present.
    Matter is adjd  to 22.08.2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-08-2024
    
    Date: 22-08-2024
    Business: None for Plaintiff.
    Adv. Vazale for Deft/MCGM.
    Matter is adjd  to 17-10-2024  for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-10-2024
    
    Date: 17-10-2024
    Business: None for Plaintiff.
    Adv. Chaitanya Dalvi for Defendant/MCGM present.
    Matter is adjd  to 10.12.2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-12-2024
    
    Date: 10-12-2024
    Business: None for Plaintiff.
    Adv. Chaitanya Dalvi for Defendant/MCGM present.
    Matter is adjd  to 01.03.2025 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-03-2025
    
    Date: 01-03-2025
    Business: None for Plaintiff.
    Adv. Chaitanya Dalvi for Defendant/MCGM present.
    NM No. 1132/19 is pending since long but plaintiff has failed to proceed with. Hence, notice of motion be kept for dismissal order on next date.
    Matter is adjd to 19.04.2025 for NM dismissal.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 19-04-2025
    
    Date: 19-04-2025
    Business: The P.O. is on leave. Hence, matter is adjourned.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 01-07-2025
    
    Date: 01-07-2025
    Business: None for Plaintiff.
    Adv. Chaitanya Dalvi for Defendant/MCGM present.
        Record shows since 13.06.2021, nobody present from plaintiff. Inspite of keeping NM No. 1132/2019 for hearing. Today also plaintiff absent. Nobody present on behalf of plaintiff. So NM No. 1132/2019 stands dismissed for default.
    Matter is adjd to 28.08.2025 for framing issues.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 01-07-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 103205/2019
    Filing Date: 15-03-2019
    First Hearing Date: 22nd March 2019
    Decision Date: 01st July 2025
    Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    01 Jul 2025
    Order Details: Notice of Motion
    Pdf Text: 01.07.2025 CORAM: SHRI A. D. SALUNKHE ADDL. SESSIONS JUDGE C.R.NO.5
    SU. 454/19
    NM 1132/19
    None for Plaintiff.
    Adv. Chaitanya Dalvi for Defendant/MCGM present.
    Record shows since 13.06.2021, nobody present from plaintiff.
    Inspite of keeping NM No. 1132/2019 for hearing. Today also plaintiff
    absent. Nobody present on behalf of plaintiff. So NM No. 1132/2019
    stands dismissed for default.
    Matter is adjd to 28.08.2025 for framing issues.
    Judge
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