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NOTICE OF MOTION

Dar-Al-Mawadda CHS Ltd.VsMCGM And Ors

CNR MHCC0100331220195-COURT 05 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 18th June 2026

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
101279/2019
Registration Date
25 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: 29-03-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-04-2019
    
    Date: 05-04-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-04-2019
    
    Date: 30-04-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-06-2019
    
    Date: 28-06-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-09-2019
    
    Date: 13-09-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-11-2019
    
    Date: 18-11-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-01-2020
    
    Date: 24-01-2020
    Business: Representative of plaintiff present.
    Advocate for plaintiff absent.
    Advocate for defendant no. 2 to 5 present
    Counsel  Harshad Agarwal defendant/BMC present.
    Adjourned for N/M Hearing to 17/04/2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-04-2020
    
    Date: 17-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-05-2020
    
    Date: 06-05-2020
    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 FOR HEARING
    Next Hearing Date: 28-05-2020
    
    Date: 28-05-2020
    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: NM FOR HEARING
    Next Hearing Date: 15-06-2020
    
    Date: 15-06-2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-08-2020
    
    Date: 14-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-10-2020
    
    Date: 05-10-2020
    Business: Due to Covid-19. Matter is adjourned.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-12-2020
    
    Date: 21-12-2020
    Business: None for plaintiff.
    Adv. Mrs. Vyavahare for defendant/BMC present.
    Adjourned for N/M Hearing to 11/02/2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-02-2021
    
    Date: 11-02-2021
    Business: Advocate for plaintiff present.
    Advocate Mr. Puranik for defendant/BMC present.
    Adjourned for N/M Hearing to 08/04/2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-04-2021
    
    Date: 08-04-2021
    Business: None for plaintiff.
    Advocate for defendant/BMC present.
    Adjourned for N/M Hearing to 20/07/2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-07-2021
    
    Date: 20-07-2021
    Business: In view of Office Circular/Order 106/2021 Dt. 14-06-2021 , only urgent matters are taken, hence the remaining board is discharged, Hence matter is adjd. to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-09-2021
    
    Date: 07-09-2021
    Business: Adv. Meetali shah present  for plaintiff.
    Adv. Sutar present for MCGM/defendant.
    on oral request of adv. for plaintiff, Matter adjourned for nm hearing to. 21/10/2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-10-2021
    
    Date: 21-10-2021
    Business: Adv. absent for plaintiff
    Adv. Vidya Vyavahare present for MCGM/defendant.
    Adv. Aarti Sharma present Defendant no.  02 to 04 and sought adjournment.
    Matter adjourned for nm hearing  to. 09/12/21.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-12-2021
    
    Date: 09-12-2021
    Business: As court is busy in hearing arguments and dictating on order in suit no. 2973/15, and order on nm no.  1564/18 in suit no. 800/15. Hence, remaining board is discharged and hence matter is adjd. to. 10/02/22.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-02-2022
    
    Date: 10-02-2022
    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.
    Matter is adjd.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-03-2022
    
    Date: 05-03-2022
    Business: As presiding officer is on leave. Hence, matter is adjourned to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-04-2022
    
    Date: 28-04-2022
    Business: H.H.J gone to training programe at Uttan hence, board discharged matter adjd to.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-07-2022
    
    Date: 21-07-2022
    Business: As court is busy.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-09-2022
    
    Date: 08-09-2022
    Business: None for Plaintiff
    Adv. Mr. Bibhishan Sutar for MCGM/ defendant No.1  present.
    Adv Omkar Sawant for deft no. 2 to 4 present.
    Pleading complete but Plaintiff absent. Hence, NM kept for dismissal on next date.
    Matter is adjd for NM on 03-11-2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-11-2022
    
    Date: 03-11-2022
    Business: As presiding officer is on leave. Hence, matter is adjourned to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-01-2023
    
    Date: 05-01-2023
    Business: Adv Mehruwan for Plaintiff present and tendered adjournment application. TOR. Exh.. O- Adjournment granted.
    Adv Arti Sharma for deft no. 2 to 4 present.
    Adv Vikrant Parshurami for deft/MCGM No. 1 present.
    Matter is adjd for NM hearing on 23-02-2023
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-02-2023
    
    Date: 23-02-2023
    Business: As court is busy in order dictating matters i.e. Suit No. 2096 of 2022 and Stamp No. 759 of 2023 and urgent hearing matter i.e. Suit No 1503 of 2014. Hence want of time board is discharged.
    Matter is adjd on 29-04-2023
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-04-2023
    
    Date: 29-04-2023
    Business: Adv Mehrwan for Plaintiff present.
    Adv. Rama Naik h/f Adv Parshurami for MCGM/ defendant  present.
    As Court is busy in recording statement u/s 313 of Cr.P.C. in Session Case No. 406/2020.
    Matter is adjd for NM on 02-08-2023
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-08-2023
    
    Date: 02-08-2023
    Business: Adv. Tiwari h/f Adv. Mehrwan K. Farshed for plaintiff present.
    Adv. Mr. Pradip Patil for defendant/ BMC present.
    Adv. R. D. Thorat for defendant Nos.2 to 4 present.
    Matter is adjd. to 14/09/2023 for N/M hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-09-2023
    
    Date: 14-09-2023
    Business: None for Plaintiff.
    Adv. Anjali Mishra for D-2 to D-4 present.
    Adv. Apporva Maurya h/f Adv. Vikrant Parshurami along with Adv. Rawade for MCGM present.
    Matter is adjd  to  09.11.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-11-2023
    
    Date: 09-11-2023
    Business: None for Plaintiff.
    Adv. J Patel h/f Adv. Thorat for D-2 to D-4 present.
    Adv. Mitali Nibre h/f Adv. Parshurami a/w Adv. Ms. Rawade for MCGM present.
    The P.O. is busy in hearing NM arguments in Suit No. 1842/17 and 1843/17. Hence, adjourned.
    Matter is adjd  to 18.01.2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-01-2024
    
    Date: 18-01-2024
    Business: Adv. Amit Tiwari h/f Adv. Meherwan for Plaintiff present.
    Adv. Jitendra Patel h/f Adv. D. A. Thorat for D-2 to D-4 present.
    Adv. Anjali h/f Adv. Vikrant Adv. Ms. Rawade for MCGM present.
    On oral request of Ld. Adv. For plaintiff matter is adjourned.
    Matter is adjd  to 02.03.2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-03-2024
    
    Date: 02-03-2024
    Business: Adv. Mehrwan for Plaintiff present.
    Adv. Jitendra Patel h/f Adv. R. D. Thorat for D-2 to D-4 present.
    Adv. Vikrant Parshurami a/w Adv. Vyavahare for defendant/BMC present.
    Considering the submissions of both sides, both Notice of motions are kept for hearing on next date.
    On oral request of Ld. Adv. For plaintiff matter is adjourned as last chance.
    Matter is adjd  to 23.04.2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-04-2024
    
    Date: 23-04-2024
    Business: Adv. Mehrwan for Plaintiff present.
    Adv. Jitendra Patel h/f Adv. D. A. Thorat for D-2 to D-4 present.
    Adv. Mitali Nibare h/f Adv. Vikrant Parshurami a/w Adv. Vyavahare for defendant/BMC present.
    The Ld. Adv. For plaintiff has tendered draft NM along with affidavit in support.  Taken on record. O- Leave granted to register the NM. Copy served to other side.
    Matter is adjd  to 04.07.2024 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 04-07-2024
    
    Date: 04-07-2024
    Business: Adv. Mehrwan for Plaintiff present.
    Adv. Samiksha Mayekar h/f Adv. Vikrant Parshurami a/w Adv. Sachin Vajale for defendant/BMC present.
    Adv. Patel h/f Adv. D. A. Thorat for D-2 to D-4 present.
    On oral request of Ld. Adv. For plaintiff matter is adjourned.
    Matter is adjd  to  20.08.2024 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 20-08-2024
    
    Date: 20-08-2024
    Business: Adv. Archana Sanghare h/f Adv. Meherwan present for Plaintiff.
    Adv. Patel h/f D.A. Thorat for Def No. 1 to 4 present.
    Adv Vazale for Def./MCGM present.
    Matter is adjd  to  05/10/2024   for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 05-10-2024
    
    Date: 05-10-2024
    Business: Adv. Archana Sangare h/f Adv. Merwan for Plaintiff.
    Adv. Ramedies h/f Adv. D. A. Thorat for D-2 to D-4 present.
    Adv. G. V. Jawale for MCGM present.
    On oral request of Ld. Adv. For defendant matter is adjourned.
    Matter is adjd  to 28.11.2024 for NM reply.
    Later on at 3.00 p.m. Adv. Vikrant Parshurami for defendant/MCGM present.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 28-11-2024
    
    Date: 28-11-2024
    Business: P.O. is on leave
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 06-02-2025
    
    Date: 06-02-2025
    Business: Adv. Mehrwan for plaintiff present.
    Adv. Shruti Chavan h/f Adv. D. A. Thorat for D-2 to D-4 present.
    Adv. Kanolkar h/f Adv. Vikarant Parshurami for Defendant No. 1/MCGM present.
    Matter is adjd  to  20-03-2025 NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 20-03-2025
    
    Date: 20-03-2025
    Business: None for Plaintiff.
    Adv. Anjali Mishra h/f Adv. D. A. Thorat for D-2 present and filed affidavit in reply to NM No.1556/25. Taken on record.
    Adv. Dhariya Thakkar h/f Adv. Vikrant Parshurami a/w Adv. Sachin Vajale for defendant/BMC present.
    Matter is adjd  to 12.06.2025 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 12-06-2025
    
    Date: 12-06-2025
    Business: Adv. Meharban for Plaintiff present and tendered registered NM No.1556/2025.
    Adv. Kshitij Kanulkar h/f Adv. Vikrant Parshurami a/w Sachin Vajale for defendant no.1 present.
    Adv. Shruti Chavan  for defendant nos.2, 3 and 4 present.
    Matter is adjd to 24.07.2025 for NM reply
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 24-07-2025
    
    Date: 24-07-2025
    Business: None for Plaintiff.
    Adv. Sachin Vajale for defendant/BMC present.
    Adv.Shruti Chavan h/f Adv. D. A. Thorat for D-2 to D-4 present.
    Matter is adjd  to  02.09.2025 for  NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 02-09-2025
    
    Date: 02-09-2025
    Business: None for Plaintiff.
    Adv. Nidhi Patel h/f Adv. Vikrant Parshurami a/w Adv. Chaitanya Dalvi for Defendant/MCGM present.
    Adv. Shruti Chavan h/f Adv. D. A. Thorat for D-2 to D-4 present.
    Matter is adjd to 28.10.2025 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 28-10-2025
    
    Date: 28-10-2025
    Business: None for Plaintiff.
    Adv. Jitendra Patel h/f Adv. D. A. Thorat for D-2 to D-4 present.
    Adv. Karan Rampure h/f Adv. Vikrant Parshurami a/w Adv. Sachin Vajale for defendant No.1 /BMC present.
    NM No. 1279/19, NM No. 1117/19 are 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 11.12.2025 for NM dismissal.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 11-12-2025
    
    Date: 11-12-2025
    Business: Adv. Archana Sangare h/f Adv. Meharwan Farshad for Plaintiff present and filed an application for adjournment.
    Adv. Anjali Mishra h/f Adv. D. A. Thorat for D-2 to D-4 present.
    Adv. Nidhi Patel h/f Adv. Vikrant Parshurami a/w Adv. Sangita Honmane for defendant/BMC present.
    Matter is adjd  to  27.01.2026 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-01-2026
    
    Date: 27-01-2026
    Business: Adv. Shailesh Pal for Plaintiff is present.
    Adv. Sangeeta Honmane for MCGM/ Defendant No.1 Present.
    Adv. Remedies h/f Adv. D. A. Thorat for defendant No.2 to 4 is present.
    From the record it appears that wide order dated 28.10.2025 my predecessor has kept the NM Nos.1279/20219 and 1117/2019 for dismissal order. However plaintiff has failed to proceed with it despite of granted sufficient opportunity. Hence in view of these both the  NM Nos.1279/2019 and 1117/2019 are hereby dismissed in default for want of prosecution.
    NM Nos.1279/2019 and 1117/2019 stands disposed of accordingly.
    Matter is adjd  to  12.03.2026  for NM hearing.
    Later on at 3.48 p.m.
    Adv. Meherwan K. F. for plaintiff is present and filed applications for restoration of both the NMs Nos.1279/2019 and 1117/2019. It is taken on record and marked as Exh-5 and 6. O- Immediately after 10 minutes of passing of NM dismissal order present applications are moved by the plaintiff. Ld. Adv. for the plaintiff has submitted that on the next date he will positively proceed with the all the 3 Notice of motions. In view of this NM Nos.1279/2019 and 1117/2019 are restored to its original Numbers.
    Matter is adjd  to  12.03.2026  for NMs hearing.
    Later on at 4.00 p.m.
    Adv. Nidhi Patel h/f Adv. Vikrant V. Parshurami for MCGM is present.
    Matter is adjd  to  12.03.2026  for NMs hearing.
                                                                                               Judge
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-03-2026
    
    Date: 12-03-2026
    Business: Adv. Juberbhai K i/b Adv. Mehrwan Farshed for Plaintiff present and requested for short adjournment. It is granted.
    Adv. Nidhi Patel h/f Adv. Vikrant Parshurami a/w Adv. Sangita Honmane for defendant No.1/MCGM present.
    Adv. Jitendra Patel h/f Adv. D. A. Thorat for D-2 to D-4 present.
    Matter is adjd to 18.06.2026 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-06-2026
    
    Date: 18-06-2026
    Business: None for Plaintiff.
    Adv. Aarti Sharma h/f Adv. D. A. Thorat for D-2 to D-4 present.
    Adv. Vikrant Parshurami a/w Adv. Sangita Honmane for defendant/MCGM present.
    Keep back.
    Later on at 4.20 p.m. Adv. Mehrwan Farshed for plaintiff present.
    the record shows that on 27.01.2026, court has dismissed NM No. 1279/19 and 1117/2019 for want of prosecution. However, after ten minutes of passing of order Ld. Advocate for plaintiff present and filed an application for restoration of both the notice of motions. On the assurance that advocate for plaintiff will argue notice of motions on next date court has restored the NM No. 1279/2019 and 1117/2019. Thereafter, one date 12.03.2026 plaintiffs advocate failed to argue the notice of motions and today he made submission that on next date he will take the Chamber summons for amendment in the plaint. Out of these three notice of motions, two are of the year 2019 and one is of 2025. Therefore, taking into consideration granted sufficient opportunity to the plaintiff and his statement of filing of new chamber summons I think he is not interested in proceeding with the notice of motions, so accordingly NM No. 1279/2019, NM No. 1117/2019 and NM No. 1556/2025 are hereby dismissed for want of prosecution and stands disposed of accordingly.
    Matter is adjd  to 23.07.2026 for written statement.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 18-06-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 103617/2019
    Filing Date: 25-03-2019
    First Hearing Date: 29th March 2019
    Decision Date: 18th June 2026
    Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    18 Jun 2026

    Order Details: Other Pdf Text: Sr No. 83 18.06.2026 CORAM: SHRI R. S. ARADHYE ADDL. SESSIONS JUDGE C.R.NO.5 SU. 552/19 NM 1117/19 NM 1279/19 NM 1556/25 None for Plaintiff. Adv. Aarti Sharma h/f Adv. D. A. Thorat for D-2 to D-4 present. Adv. Vikrant Parshurami a/w Adv. Sangita Honmane for defendant/MCGM present. Keep back. Later on at 4.20 p.m. Adv. Mehrwan Farshed for plaintiff present. the record shows that on 27.01.2026, court has dismissed NM No. 1279/19 and 1117/2019 for…

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