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NOTICE OF MOTION

Mr. Vilas Hari DondeVsMrs.Kalpna Kacharu Jagtap +2 more

CNR MHCC0100412120199-COURT 09 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 18th August 2026

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
101548/2019
Registration Date
12 Apr 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    4

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 26-04-2019
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-07-2019
    
    Date: 17-07-2019
    Business: Both the parties along with their advocates absent.
    Court is busy in dictating judgment of suit No. 1227/10 and other NM orders. Hence board is discharged.
    Matter is adjd. to 04/10/2019 for NM reply
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 04-10-2019
    
    Date: 04-10-2019
    Business: Court is on leave
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-12-2019
    
    Date: 16-12-2019
    Business: Adv.  Abhay Jadhavar  for Plaintiff is present. He seeks time for tendering affidavit of service. O granted.
    Matter is adjd. for proof of service  to 20/02/2020.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 20-02-2020
    
    Date: 20-02-2020
    Business: matter adjd to 23.04.2020
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 23-04-2020
    
    Date: 23-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 14-05-2020
    
    Date: 14-05-2020
    Business: National Lock Down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 28-05-2020
    
    Date: 28-05-2020
    Business: National Lock Down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 15-06-2020
    
    Date: 15-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 14-12-2020
    
    Date: 14-12-2020
    Business: None present for the plaintiff.
    None present for the defendant.
    Matter is adjd. to 07.04.2021 for reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 07-04-2021
    
    Date: 07-04-2021
    Business: Due to SOP only urgent matter  are taken up. Hence, the Board is
    discharged.
    Matter is adjd. to 19.06.2021
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 19-06-2021
    
    Date: 19-06-2021
    Business: Due to COVID-19 pandemic.
    Matter is adjourned.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 27-07-2021
    
    Date: 27-07-2021
    Business: court is on leave
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 08-09-2021
    
    Date: 08-09-2021
    Business: Court is on leave.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 30-10-2021
    
    Date: 30-10-2021
    Business: Adv. Mohan Kumbhar for plaintiff present.
    None for defendants
    Matter is adjd. to 02/12/2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 02-12-2021
    
    Date: 02-12-2021
    Business: Adv Mohan Kumbhar for the plaintiff present.
    None present for the defendant.
    Matter is adjd. to 24.01.2022 for NM.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 24-01-2022
    
    Date: 24-01-2022
    Business: Due to SOP only urgent matters are taken up.
    Matter is adjd. to 10.03.2022.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 10-03-2022
    
    Date: 10-03-2022
    Business: Adv. Mr. N.S. Khedekar I/b Adv.Mr.S.K. Hande for Plff. present.
    Matter is adjd. to 10-06-2022.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 10-06-2022
    
    Date: 10-06-2022
    Business: Adv. Mohan Kumbhar for plaintiff present.
    No reply filed by other parties.
    Matter is adjd. to 01-08-2022 for reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 01-08-2022
    
    Date: 01-08-2022
    Business: None present for parties.
    Matter is adjd. to 19.09.2022 for reply.
    LO at 3.54 pm
    Adv. Abhay Jadhavar for plaintiff present.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 19-09-2022
    
    Date: 19-09-2022
    Business: As court is busy in hearing argument in NM 2498/18 in suit no. 3015/18 and NM No. 789/21 in Suit No. 524/2021. Hence, Board is discharged.
    Matter is adjd. to 18.11.2022 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 18-11-2022
    
    Date: 18-11-2022
    Business: As Court is on leave. Hence, board is discharged and matter adjd. to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-12-2022
    
    Date: 17-12-2022
    Business: Adv. Mohan Kumbhar for plaintiff present and submitted that he will serve notice of motion to other parties. If plaintiff failed to service of NM, the NM will be disposed of on next date.
    None present for defendant.
    Matter is adjourned to 04.02.2023 for NM Dismissal.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 04-02-2023
    
    Date: 04-02-2023
    Business: court is on leave
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 04-03-2023
    
    Date: 04-03-2023
    Business: As Court is busy in dictating Judgment in Suit No. 2576/2019 and Suit No.06./2011. Hence, Board is discharged.
    Matter is adjourned to 01.04.2023 for NM Dismissal.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 01-04-2023
    
    Date: 01-04-2023
    Business: Adv. Mohan Kumbhar h/f Adv. Sachin Hande for plaintiff present and submitted that copy of Notice of Motion served to other party and he is going to file affidavit of service on next date.
    None present for defendant
    Matter is adjourned to 11.07.2023 for affidavit of service of Notice of Motion.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 11-07-2023
    
    Date: 11-07-2023
    Business: Adv. Ms. Aarati Bhosle h/f Adv. Hande for the plaintiff is present.
    None present for the defendant.
    Adv. for the plaintiff filed affidavit of service on defendant.
    It appears from affidavit of service that notice is received by defendant Nos. 2 and 3, but notice is not served upon defendant Nos. 1 and 4. Hence, plaintiff to file affidavit of service of defendant Nos. 1 and 4. Since, defendant Nos. 2 and 3 failed to appear despite service, matter to proceed exparte against defendant Nos. 2 and 3.
    Matter is adjourned to 05.09.2023 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 05-09-2023
    
    Date: 05-09-2023
    Business: The plaintiff is present.
    Adv. Ms. Punam Pal for the plaintiff is present.
    None present for the defendant.
    Adv. for the plaintiff filed affidavit of service regarding defendant Nos. 1 and 2 which reflect that defendant No. 4 is served with notice, but he failed to appear. Hence, matter to proceed exparte against defendant No. 4. Defendant No. 1 could not be served. Hence, plaintiff to take steps against defendant No. 1.
    Matter is adjourned to 23.11.2023 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 23-11-2023
    
    Date: 23-11-2023
    Business: The plaintiff is present.
    Adv. Ms. Poonam Pal for the plaintiff is present.
    None present for the defendant.
    Adv. for the plaintiff filed affidavit of service which shows that defendant No. 1 could not be served. Adv. for the plaintiff seeks time to take necessary steps for service. Time is granted.
    Matter is adjourned to 08.02.2024 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 08-02-2024
    
    Date: 08-02-2024
    Business: As P.O. has gone to Mazgaon Court as a witness in Enquiry matter. Hence, board is discharged and matter is adjd. to  05.04.2024 for N/M Hearing.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 08-04-2024
    
    Date: 08-04-2024
    Business: Adv. Ms.Tanvi Fatak h/f Adv. Sachin Hade for the plaintiff is present.
    None for defendant.
    Adv. for plaintiff filed application for substituted service to defendant no.1 and seeks time to takes steps for the same. Time granted.
    Matter is adjourned to 28.06.2024 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 28-06-2024
    
    Date: 28-06-2024
    Business: Adv. Ms.Poonam Pal h/f Adv.Sachin Hande for the plaintiff is present.
    None for defendant.
    The plaintiff is directed to follow the proceedure under O-5, R-20 of CPC.
    Matter is adjourned to 16.08.2024 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 16-08-2024
    
    Date: 16-08-2024
    Business: As the Court is on leave. Hence, board is discharged and matter is adjd. to
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 18-10-2024
    
    Date: 18-10-2024
    Business: Adv. Tanvi Phatak i/b Adv. Sachin Hande present for plaintiff and filed application for seeking extension of time for taking steps. t.o.r. marked as Exh.
    O- Time granted.
    None present for defendants.
    Matter is adjourned to 20/12/24 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 20-12-2024
    
    Date: 20-12-2024
    Business: Adv.Tanvi Pathak present for plaintiff.
    None present for defendants.
    Adv. for plantiff filed application for extention of time to take steps as per order 5 Rule 20 of CPC. Marked as Exh-5. Order-The summons be served through bailiff.
    Matter is adjourned to 13/03/2025 for affidavit of service.
    Next Purpose: SERVICE
    Next Hearing Date: 13-03-2025
    
    Date: 13-03-2025
    Business: As the Court is on leave.  Hence, board is discharged and matter is adjd. to
    Next Purpose: SERVICE
    Next Hearing Date: 06-05-2025
    
    Date: 06-05-2025
    Business: None present for plaintiff.
    None present for defendants.
    As both parties and their advocates are absent, Matter is adjourned to 24/07/25.
    Next Purpose: SERVICE
    Next Hearing Date: 24-07-2025
    
    Date: 24-07-2025
    Business: Adv. Tanvi present for plaintiff and she filed application for modification of order dt. 20/12/24.
    None present for defendants.
    It is submitted that, NM is filed and in the order it is mentioned that, summons be served through bailiff. The NM is filed hence it ought to be notice be issued to the plaintiff through bailiff. Hence, the order is corrected accordingly and order dt. 20/12/24 is modified. The notice be issued through bailiff as ordered by order dt. 20/12/24.
    Matter is adjourned for report and appearance to 04/09/25.
    Next Purpose: REPORT
    Next Hearing Date: 04-09-2025
    
    Date: 04-09-2025
    Business: Adv. Komal Gosavi i/b Adv. Sachin Hande present for Plaintiff.
    None for defendant present.
    Matter is adjourned to 17.11.2025 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 17-11-2025
    
    Date: 17-11-2025
    Business: Adv. Tanvi Phatak i/b Adv. Sachin Hande present for plaintiff and  requested for time for service. O-Time granted.
    None present for defendants.
    Matter is adjourned to 23.01.2026 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 23-01-2026
    
    Date: 23-01-2026
    Business: Adv. Tanvi Pathak i/b Adv. Sachin Hande present for plaintiff.
    None present for defendants.
    The Court is busy in dictating Order in Criminal Bail Application no.65/2026 Hence, Matter is adjourned to 17.03.2026 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 17-03-2026
    
    Date: 17-03-2026
    Business: Adv. Komal Gosavi i/b Adv. Sachin Hande present for plaintiff.
    None present for defendants.
    Re-issue Notice of NM through bailiff to defendant no.1.
    Matter is adjourned to 27.04.2026 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 27-04-2026
    
    Date: 27-04-2026
    Business: As the Court is on leave. Hence, board is discharged and matter stands adjourned.
    Next Purpose: SERVICE
    Next Hearing Date: 06-07-2026
    
    Date: 06-07-2026
    Business: None present for plaintiff and defendants.
    Plaintiff and his advocate absent. No report of service of notice is filed by the plaintiff on record. Hence, keep the matter for further order.
    Matter is adjourned to 18.08.2026 for further order.
    Next Purpose: ORDER
    Next Hearing Date: 18-08-2026
    
    Date: 18-08-2026
    Business: None present for plaintiff and defendants.
    No report of service of notice is filed by the plaintiff. Today, the plaintiff and remaining defendants alongwith their advocates absent. NM 15484 is pending since 2019. Hence, it shows that plaintiff is not interested to proceed with the NM 1548/2019. Hence, Notice of Motion No.1548 of 2019 stands dismissed for want of steps/prosecution.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 18-08-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 104390/2019
    Filing Date: 12-04-2019
    First Hearing Date: 26th April 2019
    Decision Date: 18th August 2026
    Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    18 Aug 2026
    Order Details: Other
    Pdf Text: 18.08.2026
    Sr. No. 16
    CORAM: H.H.J. SHRI S. M. PATIL, (C.R. NO.09)
    SU 707/2017
    (disposed of)
    NM 1548/2019
    None present for plaintiff and defendants.
    No report of service of notice is filed by the plaintiff. Today, the
    plaintiff and remaining defendants alongwith their advocates
    absent. NM 15484 is pending since 2019. Hence, it shows that
    plaintiff is not interested to proceed with the NM 1548/2019.
    Hence, Notice of Motion No.1548 of 2019 stands dismissed for
    want of steps/prosecution.
    (S. M. PATIL)
    Judge, City Civil Court,
    Gr. Bombay.
    -- 1 of 1 --

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