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NOTICE OF MOTION

Vijay Sadashiv Saswade - Suit St. No.3386 of 2019VsMCGM And Ors

CNR MHCC0100331420195-COURT 05 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHER
Decision Date: 19th July 2024

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
101281/2019
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
    Business: As Court is busy in recording evidence and dictating judgment in SU 3244/14 and also dictating order in notice of motion, hence, matter adjourned.
    Matter adjd to 22.04.2019.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 22-04-2019
    
    Date: 22-04-2019
    Business: None present for plaintiff.
    Adv.Mr.Pradeep Patil for defendant/MCGM present.
    Adv.Mr.A.K.Irani for applicant present and filed chamber summons No.858/19 a/w.affidavit t.o.r.
    Matter adjd to 01.07.2019 for Ch/s reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 01-07-2019
    
    Date: 01-07-2019
    Business: Adv.Mr.D.P.Barretti for plaintiff present.
    Adv.Mr.Pradip Patil for defendant/MCGM present.
    NM No.1281/19 filed by Adv.of Plaintiff a/w. Affidavit t.o.r.
    Affidavit in reply filed by Adv.of Plaintiff t.o.r.
    Matter adjd to 05.07.2019 for Ch/s. Argument.
    Next Purpose: C/S ARGUMENTS
    Next Hearing Date: 05-07-2019
    
    Date: 05-07-2019
    Business: Adv.Mr.D.P.Barretto for Plaintiff present.
    Adv.Mr.Pradip Patil for defendant/MCGM present.
    Intervener in person present.
    Heard intervener in person and Adv.Mr.D.P. Barretto.
    Matter adjd to 24.07.2019 for Order on Chamber summons.
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 24-07-2019
    
    Date: 24-07-2019
    Business: Plaintiff absent.
    Adv.Mrs. Tondwalkar for defendant present.
    Citations filed by applicant intervenor. t.o.r.
    Matter adjd to 26.07.2019 for order on Ch/s.
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 26-07-2019
    
    Date: 26-07-2019
    Business: None present for plaintiff,
    Adv. Mrs. Tondwalkar for defendant  /MCGM  present.
    Matter is adjd to 29.07.2019 for Order
    Next Purpose: ORDER
    Next Hearing Date: 29-07-2019
    
    Date: 29-07-2019
    Business: Adv. for plaintiff absent.
    Adv.Mr.Pradip Patil for defendant/MCGM present.
    F.R.S.R. the following order is passed
                          ORDER
    Chamber Summons No.858/2019 is rejected.
    Matter adjd to 28.08.2019 for WS.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 28-08-2019
    
    Date: 28-08-2019
    Business: Plaintiff and his Adv.absent.
    Adv.Mr.Pradeep Patil for defendant/MCGM present.
    Written statement filed by Adv.of BMC t.o.r.
    Matter adjd to 16.10.2019 for Framing of issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 16-10-2019
    
    Date: 16-10-2019
    Business: Plaintiff and Adv. absent.
    Adv. Mr. Patil  for defendant/MCGM present.
    As court busy in hrg. argument in other suits, hence board discharged.
    Matter adjd to 20/11/2019 for issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 20-11-2019
    
    Date: 16-10-2019
    Business: Plaintiff and Adv. absent.
    Adv. Mr. Patil  for defendant/MCGM present.
    As court busy in hrg. argument in other suits, hence board discharged.
    Matter adjd to 20/11/2019 for issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 20-11-2019
    
    Date: 20-11-2019
    Business: Plaintiff and Adv. Absent.
    Adv. Mr. Patil  for defendant/MCGM present.
    Matter adjd to 23/11/2019 for framing issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 23-11-2019
    
    Date: 23-11-2019
    Business: Plaintiff present.
    Adv. For plaitiff absent.
    Adv. For defendant  absent.
    Defendant also absent.
    Matter is adjd to 10/01/2020 for issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 10-01-2020
    
    Date: 10-01-2020
    Business: Plaintiff and advocate are absent.
    Adv.Mr. Suryavanshi for defendant/MCGM present.
    Matter adjd to  29/02/2020 for framing issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 29-02-2020
    
    Date: 29-02-2020
    Business: Plaintiff and advocate absent.
    Adv. Mrs. Rawade for MCGM/deft present.
    Matter is adjd to 10/06/2020 for framing issues .
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 10-06-2020
    
    Date: 10-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 16-07-2020
    
    Date: 10-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 16-07-2020
    
    Date: 16-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 04-09-2020
    
    Date: 16-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 04-09-2020
    
    Date: 04-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 09-10-2020
    
    Date: 04-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 09-10-2020
    
    Date: 09-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 05-11-2020
    
    Date: 09-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 05-11-2020
    
    Date: 05-11-2020
    Business: NOBTOB. SUOMOTO.
    Adv Suryawanshi for defendant/MCGM present.
    Exh.1- Plaint
    Exh.2- VP of Plaintiff\\\\\\\''s advocate.
    Exh.3- Memorandum of Address.
    Exh.4- List of documents.
    Exh.5- Advocate of defendant has tendered W.S. on 28.08.2019 but  it is not marked as Exh., hence today it is marked as Exh.5.
    Exh.6- Issues framed.
    Matter adjourned for list of witness/RE to 20.01.2020.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 09-11-2020
    
    Date: 05-11-2020
    Business: NOBTOB. SUOMOTO.
    Adv Suryawanshi for defendant/MCGM present.
    Exh.1- Plaint
    Exh.2- VP of Plaintiff\\\\\\\''s advocate.
    Exh.3- Memorandum of Address.
    Exh.4- List of documents.
    Exh.5- Advocate of defendant has tendered W.S. on 28.08.2019 but  it is not marked as Exh., hence today it is marked as Exh.5.
    Exh.6- Issues framed.
    Matter adjourned for list of witness/RE to 20.01.2020.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 09-11-2020
    
    Date: 09-11-2020
    Business: Plaintiff and adv absent.
    Adv. Mr. Nandanvar/Smt. Rawde for defendant/MCGM present.
    Matter already adjourned for framing issues to 20/1/2020.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 20-01-2021
    
    Date: 09-11-2020
    Business: Plaintiff and adv absent.
    Adv. Mr. Nandanvar/Smt. Rawde for defendant/MCGM present.
    Matter already adjourned for framing issues to 20/01/2021.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 20-01-2021
    
    Date: 20-01-2021
    Business: Court is on CSIC Training.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 24-02-2021
    
    Date: 20-01-2021
    Business: Court is on CSIC Training.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 24-02-2021
    
    Date: 24-02-2021
    Business: None present for plaintiff.
    Adv Soraan/Nandanwar for MCGM/defendant.
    Matter adjourned for framing issues to 09.04.2021.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 09-04-2021
    
    Date: 24-02-2021
    Business: None present for plaintiff.
    Adv Soraan/Nandanwar for MCGM/defendant.
    Matter adjourned for framing issues to 09.04.2021.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 09-04-2021
    
    Date: 09-04-2021
    Business: In view of covid-19 pandemic, board is discharged, hence matter is adjd. for
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 28-06-2021
    
    Date: 09-04-2021
    Business: In view of covid-19 pandemic, board is discharged, hence matter is adjd. for
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 28-06-2021
    
    Date: 28-06-2021
    Business: In view of Office Circular/Order 106/2021 Dt. 14-06-2021 , only urgent matters are taken, hence the remaining board is discharged hence matter is adjd. to
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 06-08-2021
    
    Date: 28-06-2021
    Business: In view of Office Circular/Order 106/2021 Dt. 14-06-2021 , only urgent matters are taken, hence the remaining board is discharged hence matter is adjd. to
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 06-08-2021
    
    Date: 06-08-2021
    Business: Adv. absent  for plaintiff.
    Adv Soraan present  for MCGM/defendant.
    Matter adjourned for framing issues to. 01/10/2021.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 01-10-2021
    
    Date: 06-08-2021
    Business: Adv. absent  for plaintiff.
    Adv Soraan present  for MCGM/defendant.
    Matter adjourned for framing issues to. 01/10/2021.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 01-10-2021
    
    Date: 01-10-2021
    Business: As presiding officer is on leave. Hence, matter is adjourned to
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 03-12-2021
    
    Date: 01-10-2021
    Business: As presiding officer is on leave. Hence, matter is adjourned to
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 03-12-2021
    
    Date: 03-12-2021
    Business: None present for plaintiff.
    Adv. Soraan @ adv. Diwate  present  for MCGM/defendant.
    as court is busy in hearing arguments and dictating order on draft NM in group matter 2392/21 to 2399/21 Hence, Matter adjourned for Framing issues to. 07/02/21.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 07-02-2022
    
    Date: 03-12-2021
    Business: None present for plaintiff.
    Adv. Soraan @ adv. Diwate  present  for MCGM/defendant.
    as court is busy in hearing arguments and dictating order on draft NM in group matter 2392/21 to 2399/21 Hence, Matter adjourned for Framing issues to. 07/02/21.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 07-02-2022
    
    Date: 07-02-2022
    Business: In view of the directions from the Hon''ble Bombay High Court, and Office Order No. 27/2022,  Office has declared holiday on 07/02/2022 and 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.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 30-03-2022
    
    Date: 30-03-2022
    Business: As presiding officer is on leave. Hence, matter is adjourned to
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 17-06-2022
    
    Date: 17-06-2022
    Business: As presiding officer is on leave. Hence, matter is adjourned to
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 08-08-2022
    
    Date: 17-06-2022
    Business: As presiding officer is on leave. Hence, matter is adjourned to
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 08-08-2022
    
    Date: 08-08-2022
    Business: As presiding officer is on leave. Hence, matter is adjourned to
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 10-10-2022
    
    Date: 08-08-2022
    Business: As presiding officer is on leave. Hence, matter is adjourned to
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 10-10-2022
    
    Date: 10-10-2022
    Business: As court is busy  in Recording of Evidence in High Court Time Bound Matter and dictating Order/Judgment in other matters. Hence, want of time board is discharged.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 28-11-2022
    
    Date: 10-10-2022
    Business: As court is busy  in Recording of Evidence in High Court Time Bound Matter and dictating Order/Judgment in other matters. Hence, want of time board is discharged.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 28-11-2022
    
    Date: 28-11-2022
    Business: As Court is busy in order dictating i.e. Suit No. 2716 of 2014 and Suit No. 1374 of 2011. Hence want of time board is discharged.
    L.O.
    Adv Zodpe for Plaintiff and tendered VP for applicant in ch.s. TOR. Exh.7. He also tendered Draft Chamber Summons along with affidavit in support. TOR. O- Leave to register is granted.
    Matter is adjd for framing of issues on 13-01-2023
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 13-01-2023
    
    Date: 28-11-2022
    Business: As Court is busy in order dictating i.e. Suit No. 2716 of 2014 and Suit No. 1374 of 2011. Hence want of time board is discharged.
    L.O.
    Adv Zodpe for Plaintiff and tendered VP for applicant in ch.s. TOR. Exh.7. He also tendered Draft Chamber Summons along with affidavit in support. TOR. O- Leave to register is granted.
    Matter is adjd for framing of issues on 13-01-2023
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 13-01-2023
    
    Date: 13-01-2023
    Business: As Court is busy in High Court Time Bound Matter i.e. Suit No. 3243 of 2014. Hence want of time board is discharged.
    Matter is adjd for framing of issues on 17-03-2023
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 17-03-2023
    
    Date: 17-03-2023
    Business: As presiding officer is on leave. Hence, matter is adjourned to
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 14-06-2023
    
    Date: 17-03-2023
    Business: As presiding officer is on leave. Hence, matter is adjourned to
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 14-06-2023
    
    Date: 14-06-2023
    Business: Adv. Manoj Jaiswal for plaintiff present.
    Adv. Pradip Patil for defendant/ BMC present.
    Adv. for plaintiff tendered registered Ch/S No.2117/2022 along with affidavit in support thereof. Copy is supplied to other side.
    Matter is adjd. to 19/07/2023 for Ch/S reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 19-07-2023
    
    Date: 14-06-2023
    Business: Adv. Manoj Jaiswal for plaintiff present.
    Adv. Pradip Patil for defendant/ BMC present.
    Adv. for plaintiff tendered registered Ch/S No.2117/2022 along with affidavit in support thereof. Copy is supplied to other side.
    Matter is adjd. to 19/07/2023 for Ch/S reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 19-07-2023
    
    Date: 19-07-2023
    Business: None for Plaintiff.
    Adv. Pradip Patil for MCGM present.
    Matter is adjd  to 21.08.2023 for Ch/s reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 21-08-2023
    
    Date: 21-08-2023
    Business: Adv. Kapil Zodge for Plaintiff present.
    Adv. Pradip Patil for MCGM present.
    On oral request of Ld. Adv. For defendant matter is adjourned.
    Matter is adjd  to 16.10.2023 for Ch/s reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 16-10-2023
    
    Date: 16-10-2023
    Business: Adv. Kapil Zodge for Plaintiff present.
    Adv. Pradip Patil for MCGM present.
    On oral request of Ld. Adv. For defendant matter is adjourned.
    Matter is adjd  to 08.12.2023 for Ch/s reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 08-12-2023
    
    Date: 08-12-2023
    Business: None for Plaintiff.
    Adv. Pradip Patil for MCGM present.
    The P.O. is busy in dictating judgment in Suit No. 3004/15, 458/16 and 459/16. Hence, adjourned.
    Matter is adjd  to  19.01.2024   for Ch/s reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 19-01-2024
    
    Date: 08-12-2023
    Business: None for Plaintiff.
    Adv. Pradip Patil for MCGM present.
    The P.O. is busy in dictating judgment in Suit No. 3004/15, 458/16 and 459/16. Hence, adjourned.
    Matter is adjd  to  19.01.2024   for Ch/s reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 19-01-2024
    
    Date: 08-12-2023
    Business: None for Plaintiff.
    Adv. Pradip Patil for MCGM present.
    The P.O. is busy in dictating judgment in Suit No. 3004/15, 458/16 and 459/16. Hence, adjourned.
    Matter is adjd  to  19.01.2024   for Ch/s reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 19-01-2024
    
    Date: 19-01-2024
    Business: Adv. Kapil Zodge for Plaintiff present.
    Adv. Pradip Patil for MCGM present.
    Ld. Adv. for MCGM has filed say on overleaf of the Ch/s.Taken on record.
    Matter is adjd  to 23.02.2024 for Ch/s hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 23-02-2024
    
    Date: 23-02-2024
    Business: Advocate D.P. Bareeto for Plaintiff.
    Adv. Vyavahare h/f Adv. Pradip Patil for defendant/BMC present.
    Heard arguments of both sides on Ch/s No. 2117/2022.
    Matter is adjd  to  15-03-2024 for order on Ch/s No. 2117/2022.
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 15-03-2024
    
    Date: 15-03-2024
    Business: Adv. Manoj Jaiswal h/f Adv. Kapil Zodge for Plaintiff present.
    Plaintiff present.
    Adv. Pradip Patil for MCGM present.
    The court is busy in dictating orders on Ch/s No. 941 of 2023 in Suit No. 2251/18, NM No. 3440/21 in Suit No. 492/16 and order on Exh. 22 in suit No. 834/12. Hence adjourned.
    Matter is adjd  to 08.04.2024 for order on Ch/s No. 2117/22.
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 08-04-2024
    
    Date: 08-04-2024
    Business: Adv. for Plaintiff present.
    Adv. Pradeep Patil for MCGM present.
    FRSR the following order is passed -
    Order on Ch/s No. 2117 of 2022
    
    1. The Ch/s No. 2117 of 2022 is allowed in terms of prayer clause (a).
    2. The plaintiffs are directed to carry out the amendment within 14 days from the date of this order.
    3. The plaintiff is directed to file amended copy of plaint on record after complying the order.
    4. Chamber summons disposed of accordingly.
    Matter is adjd  to 22.04.2024 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 22-04-2024
    
    Date: 22-04-2024
    Business: Adv. Kapil Zodge for Plaintiff present.
    Adv. Vyavahare h/f Adv. Pradeep Patil for defendant/BMC present.
    Ld. Adv. for plaintiff has tendered amended copy of plaint. Taken on record. Copy be served to other side.
    Matter is adjd  to 19.07.2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-07-2024
    
    Date: 19-07-2024
    Business: Plaintiff present.
    Adv. Kapil Zodge for plaintiff present.
    Adv. G. V. Jawale for MCGM present.
    Ld. Adv. for plaintiff has not pressed the NM No. 1281/2019. hence, NM No. 1281/2019 stands disposed of for want of prosecution as not pressed. NM stands disposed of accordingly.
    Ld. Adv. for plaintiff has filed an application for framing additional issues. Taken on record and marked at Exh. 8. Copy served to other side. Other side to say.
    Matter is adjd to 19.08.2024 for say on Exh. 8.
    Nature Of Disposal: OTHER
    Disposal Date: 19-07-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 103616/2019
    Filing Date: 25-03-2019
    First Hearing Date: 29th March 2019
    Decision Date: 19th July 2024
    Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    19 Jul 2024
    Order Details: Notice of Motion
    Pdf Text: 19-07-2024 CORAM: SHRI R. M. MISHRA, ADDL. SESSIONS JUDGE C.R.NO.5
    SU. 1003/19
    Exh. 8
    Plaintiff present.
    Adv. Kapil Zodge for plaintiff present.
    Adv. G. V. Jawale for MCGM present.
    Ld. Adv. for plaintiff has not pressed the NM No. 1281/2019. hence, NM
    No. 1281/2019 stands disposed of for want of prosecution as not
    pressed. NM stands disposed of accordingly.
    Ld. Adv. for plaintiff has filed an application for framing additional
    issues. Taken on record and marked at Exh. 8. Copy served to other
    side. Other side to say.
    Matter is adjd to 19.08.2024 for say on Exh. 8.
    Judge
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