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NOTICE OF MOTION

M/s. S. N. Thakkar and CoVsMCGM And Anr

CNR MHCC0100306520194-COURT 04 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 30th July 2026

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
101194/2019
Registration Date
16 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: 03-04-2019
    Business: Adv. Mr. Goel for Plff present and tendered original registered N/M No.1194/19 alongwith affidavit.
    Adv. Mrs. Bhoir for MCGM/deft. present.
    Adjd to 5/7/2019 for N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 05-07-2019
    
    Date: 05-07-2019
    Business: None for plaintiff.
    Adv. Khandagle h/f Adv.Ms. Patil for MCGM/Deft. present.
    On oral request of ld adv for def., adjournment granted.
    Adjd to 03.09.2019 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 03-09-2019
    
    Date: 03-09-2019
    Business: As P.O. is leave today, matter is adjd. till next date.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 08-11-2019
    
    Date: 08-11-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 04-02-2020
    
    Date: 04-02-2020
    Business: Adv.Deepali Majethia for plaintiff present.
    Adv. Ms. Patil for MCGM/Defendant present.
    On oral request of advocate for Defendant, adjournment granted as last chance.
     Matter adjd to 21.04.2020 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 21-04-2020
    
    Date: 21-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 12-05-2020
    
    Date: 12-05-2020
    Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No.77 of 2020 matter adjourned.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 01-06-2020
    
    Date: 01-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 18-06-2020
    
    Date: 18-06-2020
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 08-10-2020
    
    Date: 08-10-2020
    Business: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-12-2020
    
    Date: 17-12-2020
    Business: None for Plaintiff.
    Adv. Mrs. Hajare h/f. Adv. Mrs. Smita Chavan for Defendant/MCGM present and requests for time to file reply to NM No. 1194/19. Time is granted till next date.
    Matter adjd to 04/03/2021 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 04-03-2021
    
    Date: 04-03-2021
    Business: Adv. Ms. Bhayane i/b Ms. MKS Legal & Associates for plaintiff present.
    Adv. Ms. Smita Chavan for deft/MCGM present and requests for time to file reply to NM. Time is granted till next date.
    Matter adjd to 27/04/2021 for NM Reply.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 27-04-2021
    
    Date: 27-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 27-07-2021
    
    Date: 27-07-2021
    Business: Due to covid-19.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 21-09-2021
    
    Date: 21-09-2021
    Business: The main matter i.e. Suit No.3324/2018 is kept before National Lok-Adalat which will be held on 25/09/2021. Hence, NM NO.1194/2019 is also kept on 25/09/2021 for National Lok-Adalat.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 25-09-2021
    
    Date: 25-09-2021
    Business: Matter pertaining to C.R. No.8
    None present for plaintiff.
    Adv. Seema Rawade for BMC present.
    Officer Vaibhav Kamble for  BMC present.
    Matter is adjourned to 26.10.2021
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 26-10-2021
    
    Date: 26-10-2021
    Business: None for plaintiff.
    Adv Mrs Rawade for defendant / MCGM present and requests for time to file reply to NM. Time is granted till next date.
    Matter is adjd to 18/01/2022 for Nm reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 18-01-2022
    
    Date: 18-01-2022
    Business: In view of office order no.7/2022 dated 07.01.2022 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06.01.2022 of Hon\''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s.
    Matter is adjd to 15/03/2022 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 15-03-2022
    
    Date: 15-03-2022
    Business: None for plaintiff.
    Adv Mrs Rawade for defendant / MCGM is present and requests for Time to file reply to NM. Time is granted till next date.
    Adjd. To 16/06/2022 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-06-2022
    
    Date: 16-06-2022
    Business: H.H.J. is on leave today.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 18-08-2022
    
    Date: 18-08-2022
    Business: Adv. Anand Pal for plaintiff present.
    Adv. Mrs. Rawade for defendant / MCGM is present and requested time to file reply to N/M. Time is granted till next date.
    Mr. Rajendra Lashkare, Jr. Engineer, Maintenance Dept., N-ward, BMC present.
    Adjd. to 08/09/2022 for N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 08-09-2022
    
    Date: 08-09-2022
    Business: Adv. Pragya for plaintiff present.
    Adv. Mrs. Rawade for defendant/ BMC is present and requested time to file reply to N/M. Time is granted till next date.
    Adjd. to 18/10/2022 for N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 18-10-2022
    
    Date: 18-10-2022
    Business: None for plaintiff.
    Adv. Mrs. Rawade for defendant/ BMC is present.
    Matter referred to National Lok Adalat will be held on 12.11.2022.
    Issue notice to plaintiff to remain present before NLA on 12.11.2022 at 10.30 a.m.
    Adjd. to 12/11/2022 for National Lok Adalat.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 12-11-2022
    
    Date: 12-11-2022
    Business: NATIONAL LOK ADALAT HELD ON 12.11.2022 (PANEL-VII)
    Matter pertains to CR No.04
    Plaintiff absent.
    Adv. Rawade for defendant/BMC present.
    Settlement not arrived at.
    Matter posted before regular Court.
    Matter is adjd to15.12.2022
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 15-12-2022
    
    Date: 15-12-2022
    Business: Court is busy in urgent hearing, board is discharged.
    Adjd. to 09/03/2023 for N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 19-03-2023
    
    Date: 19-03-2023
    Business: None for plaintiff.
    Adv. Mrs. Mhatre for defendant/ BMC is present and requested time to file reply to N/M. Time is granted till next date.
    Adjd. to 19/04/2023 for N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 19-04-2023
    
    Date: 19-04-2023
    Business: None present for plaintiff.
    Adv. Mr. Suryavanshi h.f. Adv. Ms. Mhatre for defendant/ BMC is present and requested for time to file NM reply. Time is granted till next date.
    Adjd. to 22.08.2023 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 22-08-2023
    
    Date: 22-08-2023
    Business: Advocate S.K. Shah for plaintiff present.
    Advocate Mhatre for defendant/BMC present and seeks time to file reply to NM. Time is granted as a last chance as NM is year 2019.
    Adjd to  09.11.2023 for NM Reply
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 09-11-2023
    
    Date: 09-11-2023
    Business: Court is on leave
    Matter adjourned.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 30-01-2024
    
    Date: 30-01-2024
    Business: As Court is busy in urgent Ad-interim hearing, Board Discharged, Hence matter adjourned.
    Adjd  to  12.03.2024   for NM REply
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 12-03-2024
    
    Date: 12-03-2024
    Business: PO is on leave, hence board is discharged and matter is adjourned.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 15-06-2024
    
    Date: 15-06-2024
    Business: Adv Nishant Chitaliya h/f Ghadigaonkar  for plaintiff present.
    Adv  Metakari for defendant /BMC present and seeks time to file reply to NM. Time is granted.
    Earlier order, if any, to continue till next date.
    Adjd.  to 06.08.2024 for NM Reply
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 06-08-2024
    
    Date: 06-08-2024
    Business: Matter pertains to C. R. No. 4
    Adv. instructed by M/S MKS Legal Associates for the Plff. present.
    Adv. Mrs. Metakari for Defendants/BMC present.
    Earlier order, if any, to continue till next date.
    Adjd to 05.09.2024 for NM Reply and Writ of Summons.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 05-09-2024
    
    Date: 05-09-2024
    Business: Advocate S. K. Shah for plaintiff present and submitted to give last chance to file reply.
    Advocate Metakari   for defendant/BMC present and seeks time to file reply to NM. Time is granted as  a last chance as suit is very old.
    Earlier order, if any, to continue till next date.
    Adjd  to 07.11.2024 for NM Reply
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 10-09-2024
    
    Date: 10-09-2024
    Business: (Not on board, taken on Board for placing the matter before National Lok-adalat.)
    Matter is referred to National Lok-adalat, will be held on 28.09.2024.
    Issue notice to plaintiff to remain present before National Lok-adalat at 10.30 am.
    Adjd for Lok-adalat to 28.09.2024.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 28-09-2024
    
    Date: 28-09-2024
    Business: Matter pertain to Court Room No.4
    Plaintiff and advocate absent.
    Adv Sheetal Metkari for MMC/ Defendant (WardN ) present.
    Plaintiff and advocate absent therefore,  matter is not settled.
    Adjd for N/M Hrg  on 12.11.2024.
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-11-2024
    
    Date: 12-11-2024
    Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
    Advocate Nishant Chitaliya i/b MKS Legal Associates for plaintiff present and submitted that NM be tagged with suit.
    Hence NM tagged with suit and matter adjourned for writ of summons.
    Advocate Swapnil Bharti for defendant/BMC present.
    Adjd  to 16.01.2024   for service of writ of summons.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 16-01-2025
    
    Date: 16-01-2025
    Business: Matter already adjourned to 30.01.2025
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 30-01-2025
    
    Date: 30-01-2025
    Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
    Adv. Mrs. Sunita Dubey i/b MKS Legal Associates for the plaintiff is present. Adv. Mr. Swapnil Bharti for defendant/MCGM is present and sought time to file NM reply. Sufficient time is already granted. Hence, this request is discarded. The NM is proceeded without reply. Earlier order continue, if any till next date.
    Adjourned for NM hearing (without reply) to 11-03-2025.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-03-2025
    
    Date: 11-03-2025
    Business: CORAM : H.H.J. SHRI. V. S. KHOT (C.R. No. 06) (Matter pertain to C.R. No. 04)
    Adv. Ms. Sonal Singh h/f MKS legal association for the plaintiff is present. Adv. Ms. Pooja Nagarthawar h/f Adv, Mr. Swapnil Bharti for defendant/ MCGM is present. Earlier Order, if any, is continued till the next date.
    Adjourned for NM hearing (without reply) to 19-06-2025
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-06-2025
    
    Date: 19-06-2025
    Business: CORAM : H.H.J. SHRI. A.A LAULKAR (C.R. No. 04)
    Adv. Ms. Prarna Korgaonkar i/b MKS Legal Associates  for the plaintiff is present.
    Adv. Mr. Rupali Patil for defendant/MCGM is present.
    Both the parties requested time to file written submissions on NM. Time is granted.
    Adjourned for NM hearing to 03.07.2025.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-07-2025
    
    Date: 03-07-2025
    Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
    Adv. Ms. Neha Singh i/b MKS Legal Associates for the plaintiff is present and filed written notes of argument on NM. Copy is supplied to other side.
    Adv. Ms. Rupali Patil for defendant/MCGM is present and sought time to file written submissions on NM. Time is granted.
    Adjourned for written submissions on NM by defendant/NM hearing to 29.07.2025.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-07-2025
    
    Date: 29-07-2025
    Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
    None present for the plaintiff.
    Adv. Ms. Rupali Patil for defendant/MCGM is present. She sought time to file written submissions on NM. Time is granted strictly as a last chance.
    Adjourned for written submissions on NM to 09.09.2025.
    Later on at 4.49 p.m
    Adv. Ms. Neha Singh i/b MKS Legal Associates for the plaintiff is present.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-09-2025
    
    Date: 09-09-2025
    Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
    Adv. Mr. Prarna Korgaonkar i/b MKS Legal Associates for the plaintiff is present.
    Adv. Ms. Rupali Patil for defendant/MCGM is present and submitted that she intended to file fresh NM for setting aside no reply order. For compliance she sought time. In view of said submission matter is adjourned.
    Adjourned for NM hearing to 16.09.2025.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-09-2025
    
    Date: 16-09-2025
    Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
    Adv. Mr. S.A. Saha i/b MKS Legal Associates for the plaintiff is present.
    Adv. Ms. Rupali Patil for defendant/MCGM is present and tendered draft Notice of Motion, along-with affidavit in support.  O- Leave is granted to register before next date. In default, the draft NM would stand dismissed. Copy is supplied to the other side.
    Advocate for plaintiff filed say on draft NM.
    Heard both sides on draft Notice of Motion.
    F.R.S.R. the following Order is passed in draft Notice of Motion:
    ORDER
    1.	Draft notice of Motion is allowed.
    2.	The no reply order dated 31.1.2025 is hereby set aside.
    3.	Defendant/MCGM is permitted to tender their reply to 	notice of motion on record.
    4.	Both parties are directed to expedite the hearing of notice 	of motion positively.
    5.	Draft notice of motion be registered for statistical purpose.
    Adjourned for tendering registered NM/reply by defendant/MCGM  on NM No. 1194/19 to 09.10.2025
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 09-10-2025
    
    Date: 09-10-2025
    Business: CORAM : H.H.J. SHRI. A. K. KALE (C.R. No. 04)
    Adv. Ms. Tilottama i/b MKS Legal Associates for the plaintiff is present.
    Adv. Ms. Rupali Patil for defendant/MCGM is present and filed reply to NM No. 1194/19.
    Adjourned for NM hearing to 27.11.2025.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-11-2025
    
    Date: 27-11-2025
    Business: CORAM : H.H.J. SHRI. A. K. KALE (C.R. No. 04)
    None present for the plaintiff.
    Adv. Ms.  Rupali Patil  for defendant/MCGM is present.
    Adjourned for NM hearing to 20.01.2025
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-01-2026
    
    Date: 20-01-2026
    Business: CORAM : H.H.J. SHRI. C. S. DATIR(C.R. No. 04)
    None present for the Plaintiff.
    Adv. Ms. Rupali Patil for defendant/MCGM is present.
    Adjourned for NM hearing to 23-04-2026.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-04-2026
    
    Date: 23-04-2026
    Business: CORAM  H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
    None present for the plaintiff.
    Adv. Ms. Rupali Patil for defendant/MCGM is present.
    Adjourned for argument of defendant/MCGM to 30.07.2026
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-07-2026
    
    Date: 30-07-2026
    Business: CORAM - H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
    None present for plaintiff.
    Adv. Rupali Patil for defendant/MCGM is present.
             Plaintiff and his advocate are absent when called repeatedly. Even Roznama shows that, they are absent since long and not taken steps positively. The Notice of Motion is pending since 2019. It shows plaintiff is not keenly interested to proceed.  Thus, Notice of Motion No. 1194/2019 stands dismissed for want of prosecution and finally disposed off.
    Matter Adjourned for Writ of summons to 07.08.2026.
    Nature Of Disposal: DISMISSED
    Disposal Date: 30-07-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 102849/2019
    Filing Date: 16-03-2019
    First Hearing Date: 03rd April 2019
    Decision Date: 30th July 2026
    Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    30 Jul 2026
    Order Details: Other
    Pdf Text: 30-07-2026
    SU 3324/2018
    NM
    1194/2019
    CORAM - H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
    None present for plaintiff.
    Adv. Rupali Patil for defendant/MCGM is present.
    Plaintiff and his advocate are absent when called repeatedly.
    Even Roznama shows that, they are absent since long and not taken
    steps positively. The Notice of Motion is pending since 2019. It
    shows plaintiff is not keenly interested to proceed. Thus, Notice of
    Motion No. 1194/2019 stands dismissed for want of prosecution and
    finally disposed off.
    Matter Adjourned for Writ of summons to 07.08.2026.
    Judge
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