Order Details: Notice of Motion Pdf Text: 1 NM No.1040/20 in SU No.3642/13 MHCC010029312020 IN THE BOMBAY CITY CIVIL COURT, AT BOMBAY NOTICE OF MOTION NO. 1040 OF 2020 IN S.C.SUIT NO. 3642 OF 2013 Shri Lolarakhnath Ram Khilawan Yadav …. Plaintiff Versus Shri Baijnath Ramkhilawan Yadav …. Defendant CORAM : HIS HONOUR JUDGE S. K. FOKMARE C.R.NO.. : 64. DATE : 08.07.2026. ---------------------------------------------------------------------------------------------- Adv. Mr. M.K.Gupta h/f Adv. Mr. Shailesh Gupta for plaintiff. Adv. S.B. Singh for defendant. ----------------------------------------------------------------------------------------------…
NOTICE OF MOTION
Lolarakhnath Ramkhilavan YadavVsBAIJANATH RAMKHILAVAN YADAV AND ORS
CNR MHCC01002931202064-COURT 64 AD-HOC ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--OTHER
Decision Date: 08th July 2026
TrustJury record updated 28 Sept 2026
Case Overview
- Registration Number
- 101040/2020
- Registration Date
- 07 Mar 2020
Advocates
2For Petitioner
For Respondent
Parties
2Petitioner
Respondent
Acts & Sections
1Protection of Women from Domestic Violence Act · Sec 9
Case History / Proceedings
Case History
Date: 12-03-2020 Reason For Adjournment: court time is over Next Purpose: NM REPLYREJOINDER Next Hearing Date: 29-04-2020 Date: 29-04-2020 Reason For Adjournment: National Lock Down Next Purpose: NM REPLYREJOINDER Next Hearing Date: 20-05-2020 Date: 20-05-2020 Business: In view of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pademic by WHO and as per Office Order 78 of 2020, matter adjourned Next Purpose: NM REPLYREJOINDER Next Hearing Date: 08-06-2020 Date: 08-06-2020 Business: In view of declaration of Novel Corona Virus (Covid 19) as global Pandemic by WHO and Office Order no.83/2020, matter is adjourned Next Purpose: NM REPLYREJOINDER Next Hearing Date: 27-07-2020 Date: 27-07-2020 Business: In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 29-08-2020 Date: 29-08-2020 Business: In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 31-10-2020 Date: 31-10-2020 Business: Both the parties are absent. Due to Covid-19, the matter is adjourned to 07.01.2021. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 07-01-2021 Date: 07-01-2021 Next Purpose: NM REPLYREJOINDER Next Hearing Date: 24-02-2021 Date: 24-02-2021 Business: None for plaintiff. Adv. Singh for deft. present. Deft. present. Last chance was granted to plaintiff to file reply to N/M No.1040/20. Plaintiff failed to file reply to N/M No.1040/20 hence N/M No.1040/20 to proceed without reply of plaintiff. The matter is adjd for N/M hearing to 20.03.2021. Next Purpose: NM FOR HEARING Next Hearing Date: 20-03-2021 Date: 20-03-2021 Business: Adv. Tiwari h/f. Adv. Shailesh Shukla for plaintiff present. Adv. S.B. Singh for deft. present. Ld. counsel for deft. seeks time for hearing on N/M No.1040/20. Granted. The matter is adjd for N/M hearing to 06.04.2021. Next Purpose: NM FOR HEARING Next Hearing Date: 06-04-2021 Date: 06-04-2021 Business: In view of the office order no.63/21 dated 25.03.2021, only moderate numbers of matters are kept on board. This matter is not in the same list hence, adjd for N/M hearing to 07.07.2021. Next Purpose: NM FOR HEARING Next Hearing Date: 07-07-2021 Date: 07-07-2021 Business: In view of office order no.131/2021 dated 02.07.2021, the matter not being urgent, is adjourned to 02.09.2021. Next Purpose: NM FOR HEARING Next Hearing Date: 02-09-2021 Date: 02-09-2021 Business: Adv. S.R. Yadav for plaintiff is present. Adv. Singh for defendants is present. Plaintiff and defendant are present. Today the matter was called for hearing on NM. Heard partly Ld. Advocates. Plaintiff Lolarakhnath Yadav and defendant no.1 Baijantyh Yadav are present before the Court. It is submitted that defendant no.2 Vidyavati who was mother of plaintiff and defendant no.1 is expired in the month of January 2019. Both the parties also have submitted that defendant nos. 3 to 5 have relinquish their right. Here the suit is being contested between plaintiff and defendant no.1. The dispute is regarding the property of their deceased father. After interacting with the parties, both of them have consented for referring the matter to mediation. The brochure explaining the benefits of mediation prepared by Mediation Centre, City Civil Court is also provided to both the parties and their advocates. Both the parties to take note that mediation is a confidential process and it is in good faith. As per Section 89 of the CPC parties to the suit are referred for mediation. Ld. Co-ordinator is requested to allot this matter to Judge Mediator. Parties are directed to attend District Mediation Centre on 27.09.2021 at 2.00 p.m. Matter be kept for Mediator Report on 16.11.2021. Next Purpose: MEDIATION REPORT Next Hearing Date: 16-11-2021 Date: 16-11-2021 Business: P.O. is on leave. Matter adjd to Next Purpose: MEDIATION REPORT Next Hearing Date: 20-01-2022 Date: 20-01-2022 Business: Report received from District Mediation Centre that the matter is not settled t.o.r marked as Exh. 10. Along with the report there is letter of Ld. Judge Mediator that the matter is not settled t.o.r marked as Exh. 11. As per Office Order No. \''07of 2022\'' and \''03 of 2022\'' only urgent matter is to be taken up for hearing therefore matter is adjd to 31/01/2022 for Mediation Report. Next Purpose: MEDIATION REPORT Next Hearing Date: 31-01-2022 Date: 31-01-2022 Business: Adv. S.B. Singh for defendant is present. Defendant no. 1 is present. As per Office Order No. \''07 of 2022\'' and \''03 of 2022\'' only urgent matter is to be taken up for hearing therefore matter is adjd to 17/02/2022 for NM. Next Purpose: NM ARGUMENTS Next Hearing Date: 17-02-2022 Date: 17-02-2022 Business: Adv Awari for plaintiff present and tendered draft Notice of Motion. TOR. Leave is granted to register the draft NM. He also tendered draft Ch/s. TOR. Leave is granted to register the draft Ch/s. Adv S.B. Singh for defendant present. Matter is adjd to 29/04/2022 reply to NM and Ch/s / NM arguments. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 29-04-2022 Date: 29-04-2022 Business: CORAM : HHJ KISHORE M. JAISWAL, JUDGE, CITY CIVIL COURT,GR.MUMBAI (C.R.NO.1) Advocate Shailesh Shukla for plaintiff present tender registered C/S 380/2022 and registered NM 985/2022. t.o.r. Advocate S.B.Singh for defendant present and filed reply to NM 985/2022. t.o.r. Matter is adjd to 03/08/2022 for NM reply re-joinder Next Purpose: NM REPLYREJOINDER Next Hearing Date: 03-08-2022 Date: 03-08-2022 Business: Adv. Yadav for plaintiff is present. Defendant no.1 is present. Adv. Singh for defendant is present. On oral request of Adv.for plaintiff the matter adjourned for filing reply rejoinder to NM No. 985/22. Matter adjd to 14.10.2022 for rejoinder to NM. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 14-10-2022 Date: 14-10-2022 Business: P.O. is on leave. Matter adjd to Next Purpose: NM REPLYREJOINDER Next Hearing Date: 15-12-2022 Date: 15-12-2022 Business: P.O.is on leave (Second Session). Matter adjd to Next Purpose: NM REPLYREJOINDER Next Hearing Date: 25-01-2023 Date: 25-01-2023 Business: P.O. is on leave. Matter is adjourned to Next Purpose: NM REPLYREJOINDER Next Hearing Date: 20-02-2023 Date: 20-02-2023 Business: P.O. is on leave. Matter is adjourned to Next Purpose: NM REPLYREJOINDER Next Hearing Date: 11-04-2023 Date: 11-04-2023 Business: P.O. is on leave. Matter adjd to Next Purpose: NM REPLYREJOINDER Next Hearing Date: 22-06-2023 Date: 22-06-2023 Business: Adv. Rajnish Upadhyay i/b Adv. Shukla for plaintiff is present. Adv. S. P. Singh for defendant is present. The Ld. Adv. for defendant has filed reply to CS No.380/2022. TOR. O-seen. Copy supplied to other side. Heard both the Ld. Adv. in NM No.985/2022. Matter adjd to 13.07.2023 for order. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 13-07-2023 Date: 13-07-2023 Business: Adv. Shukla for plaintiff is present. Adv. S. B. Singh for defendant is present. FRSR order passed in NM No.985/2022. ORDER 1. NM No.985/2022 stands allowed and made absolute in terms of prayer clause (a). 2. Notice of Motion stands disposed off accordingly. Matter is adjourned for filing reply on NM No.1040/2020 as a last chance. Matter adjd to 25.08.2023 for reply on NM No.1040/2020. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 25-08-2023 Date: 25-08-2023 Business: Adv. Manish Gupta h/f Shaliesh Shukla for plaintiff is present. Adv. S. B. Singh for defendant is present. Heard the Ld. Advocate for plaintiff and defendant. Order below ch/s No. 380 of 2022. Perused the ch/s and reply. Heard the both sides. The ch/s is taken out by the plaintiff for deleting the name of defendant no. 2 i.e. mother of the plaintiff and defendant. It is contended that during the pendency of suit the mother of plaintiff died in the year 2019. The Ld. Advocate of the defendant do not dispute this fact. Hence, Considering the submission of the both sides and the fact that the defendant no. 2 died during the pendency of suit. Hence, her name needs to be deleted. Therefore, I passed the following order. ORDER 1. Ch/s No. 380 of 2022 stands partly allowed. 2. The plaintiff is directed to deleted the name of defendant no. 2 by encircling it with red ink withing 14 days. 3. Ch/s stands disposed off. Matter adjd to 08.09.2023 for hearing on NM. Next Purpose: NM FOR HEARING Next Hearing Date: 08-09-2023 Date: 08-09-2023 Business: Adv. Manish Kumar for plaintiff is present. None present for defendant. On oral request of of Ld. Advocate for plaintiff two weeks time is extended to carry out amendment. Matter adjd to 21.09.2023 for compliance. Next Purpose: COMPLIANCE Next Hearing Date: 21-09-2023 Date: 21-09-2023 Business: P.O. is on leave. Matter is adjourned to Next Purpose: COMPLIANCE Next Hearing Date: 23-10-2023 Date: 23-10-2023 Business: Adv. S. H. Singh for plaintiff is present. None present for defendant. On oral request time is granted to file amended copy of plaint. Matter adjd to 22.11.2023 for compliance and hearing on NM. Next Purpose: COMPLIANCE Next Hearing Date: 22-11-2023 Date: 22-11-2023 Business: Adv. Manish Gupta h/f. Adv. Shailesh Shukla for plaintiff is present. Defendant No.1 present. Matter adjd to 21.12.2023 for compliance. Next Purpose: COMPLIANCE Next Hearing Date: 21-12-2023 Date: 21-12-2023 Business: Adv. Manish Gupta for plaintiff is present and filed amended copy of plaint. TOR. Exh. 1A. O- Read and recorded. Defendant no. 1 is present. Copy given to the defendant no. 1. Matter adjd to 01.02.2024 for NM hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 01-02-2024 Date: 01-02-2024 Business: Adv. Shailesh Shukla for plaintiff is present. None present for defendant. Last chance granted to defendant to work out NM, on failure further order will be passed on next date. Matter adjd to 17.02.2024 for NM hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 17-02-2024 Date: 17-02-2024 Date: 25-02-2025 Next Purpose: NM FOR HEARING Next Hearing Date: 25-02-2025 Date: 25-02-2025 Business: Adv. Shailesh Shukla for plaintiff is present Adv. S.B. Singh for defendant is present. FRSR following order is passed- ORDER 1. Notice of motion no 1633 of 2024 is hereby allowed and delay of 17 days for filing notice of motion for restoration of Notice of motion no. 1040 of 2020 is hereby condoned. (b) Notice of motion is hereby disposed off with no order as to costs. ORDER 1. Notice of motion no 1634 of 2024 is hereby allowed and Notice of motion no. 1040 of 2020 is hereby restored to its original stage subject to costs of Rs.1000/- to be paid to the plaintiff on or before next date. (b) Notice of motion is hereby disposed off. Cost amount of Rs.1000/- paid to plaintiff present in the Court. NM No.1040/2020 is hereby restored. Matter adjd to 09.04.2025 for hearing on NM. Next Purpose: NM FOR HEARING Next Hearing Date: 09-04-2025 Date: 09-04-2025 Business: Adv. Shailesh Shukla for plaintiff is present. Adv. S. P. Singh for defendant is present. With consent matter adjd to 30.06.2025 for NM hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 30-06-2025 Date: 30-06-2025 Business: Adv. Rajnish Upadhayay i/b Shailesh Shukla for plaintiff is present and seek time. O- Time granted. None present for defendant. Matter adjd to 17.09.2025 for NM hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 17-09-2025 Date: 17-09-2025 Business: CORAM - HIS HONOUR JUDGE SHRI S. K. KARHALE (C.R.NO.1) Adv. Manish Kumar i/b Adv. Shailesh Shukla for plaintiff is present and seek time. O.- Time granted as last chance. Adv. S.B.Singh for defendant is present. Matter adjd to 12.11.2025 for NM for hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 12-11-2025 Date: 12-11-2025 Date: 12-01-2026 Business: Adv. Shailesh Shukla for plaintiff is present. Adv. S. B. Singh for defendant is present. Matter adjourned to 25.03.2026 for NM hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 25-03-2026 Date: 25-03-2026 Business: Adv. Manish Gupta h/f Adv. Shailesh Shukla for plaintiff is present. Adv. S. B. Singh for defendant is present. Defendant in person present. Matter adjourned to 08.07.2026 for NM hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 08-07-2026 Date: 08-07-2026 Business: Matter received from CR.01 Adv/ M.K Gupta h/f Adv. Shailesh Shukla for plaintiff present. Adv. S.V. Singh for defendant present. F.R.S.R following order is passed in NM No. 1040/2020 ORDER 1.Notice of Motion No. 1040 of 2020 stands rejected. 2.Cost in cause. 3.Notice of Motion stands disposed off accordingly. Nature Of Disposal: OTHER Disposal Date: 08-07-2026
Additional Case Details
Additional Case Details
Filing Number: 103245/2020 Filing Date: 07-03-2020 First Hearing Date: 12th March 2020 Decision Date: 08th July 2026 Court Number And Judge: 64-COURT 64 AD-HOC ADDL SESSIONS JUDGE
Orders
3Final Order 2Full order available
08 Jul 2026
Interim Order 117 Feb 2024
17 Feb 2024
Order Details: Other Pdf Text: 37 17.02.2024 SU 3642/13 NM 1040/20 CORAM : HIS HONOUR JUDGE SHRI R. R. PATARE (C.R.NO.1) Adv. S. H. Singh for plaintiff is present. Plaintiff is present. None present for defendant. Sufficient time granted to defendant to work out Notice of Motion No. 1040/2020. Today also defendant and his advocate absent. On previous date last chance was granted on court motion. It is seen that defendant is not interested to proceed with Notice of Motion. Hence, Notice of Motion No. 1040/2020 stands dismissed for default with no order as to costs. Matter adjd to 29.04.2024 for draft issues. Judge -- 1 of 1 --
Order 117 Feb 2024
17 Feb 2024
Order Details: Other Pdf Text: 37 17.02.2024 SU 3642/13 NM 1040/20 CORAM : HIS HONOUR JUDGE SHRI R. R. PATARE (C.R.NO.1) Adv. S. H. Singh for plaintiff is present. Plaintiff is present. None present for defendant. Sufficient time granted to defendant to work out Notice of Motion No. 1040/2020. Today also defendant and his advocate absent. On previous date last chance was granted on court motion. It is seen that defendant is not interested to proceed with Notice of Motion. Hence, Notice of Motion No. 1040/2020 stands dismissed for default with no order as to costs. Matter adjd to 29.04.2024 for draft issues. Judge -- 1 of 1 --
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