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NOTICE OF MOTION

RAJESHWAR LAXMANRAO GADGEVsSanjay Katyarsingh Patil

CNR MHCC01004276201981-COURT 81 ADDL. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 12th November 2024

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
101582/2019
Registration Date
16 Apr 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: 24-07-2019
    Business: Adv.B.S.Patil for plaintiff.
    Adj for NM service on 24/10/2019
    Next Purpose: SERVICE
    Next Hearing Date: 24-10-2019
    
    Date: 24-10-2019
    Business: Adv. B.S. Patil for plaintiff present.
    Deft present. Adv. Pathak for deft. Present.
    List of original documents filed by adv. for plaintiff.
    Exh. 1- Plaint
    Exh. 2- V/p
    Exh. 3- Memorandum of address.
    Exh. 4- List of document
    Exh. 5- Affidavit of service of suit summons
    Exh. 6- Affidavit of service of nm filed by adv. for plaintiff. t.o.r.
    Exh. 7- V/p filed by adv. Pathak. t.o.r.
    Adjd. for reply of nm to 01.11.2019.
    Next Purpose: REPLY
    Next Hearing Date: 01-11-2019
    
    Date: 01-11-2019
    Business: Plaintiff present.
    Adv B.S. Patil for plaintiff present.
    KB
    LO
    Adv Ashutosh Shukla for defendant present.
    Defendant present.
    Adv for plaintiff filed documents.
    Heard the both sides on arguments.
    Adj to on 05.11.2019 for orders.
    Next Purpose: ORDER
    Next Hearing Date: 05-11-2019
    
    Date: 05-11-2019
    Business: Adv. Patil for plaintiff present.
    Adv. Pathak for deft. Present.
    Court is busy in passing judgment in other matters, hence, adjd. to 26.11.2019 for nm order.
    Next Purpose: ORDER
    Next Hearing Date: 26-11-2019
    
    Date: 26-11-2019
    Business: Adv. Balbheem Patil For plaintiff present.
    Adv. Aashutosh Shukla For defendant present.
    Heard Argument both the side.
    Matter is adjd to 07.12.2019 for Further Argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 07-12-2019
    
    Date: 07-12-2019
    Next Purpose: ARGUMENTS
    Next Hearing Date: 02-01-2020
    
    Date: 02-01-2020
    Business: As court is on Leave.
    Matter is adjd to 16/01/2020 for Argument
    Next Purpose: ARGUMENTS
    Next Hearing Date: 16-01-2020
    
    Date: 16-01-2020
    Business: Plaintiff present.
    M. B. Patil for respondent present.
    Adv. Balbheem Patil For plff. Present.
    Adv. Rohan Sinha For deft. Present.
    Matter is adjd to 07.02.2020 for hearing of NM
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-02-2020
    
    Date: 07-02-2020
    Business: Representative present.
    Defendant present.
    Adv. Balbheem Patil for plff. Present.
    Adv.  Pathak for deft. Present.
    On the oral request.
    Matter is adjd to 20.02.2020 at 12.00.p.m. for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-02-2020
    
    Date: 20-02-2020
    Business: Plaintiff absent.
    Defendant present.
    Adv. Balbheem Patil for plff. Present.
    Adv. Pathak for deft. Present.
    Nagendra Chandrakant Asolkar asst. manager present and filed affidavit of reply dated 20.02.2020 and copy served to Adv. For plff. Order- Seen and filed.
    Matter is adjd to 09.03.2020 for argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 09-03-2020
    
    Date: 09-03-2020
    Business: Court is on Leave
    Next Purpose: ARGUMENTS
    Next Hearing Date: 17-04-2020
    
    Date: 17-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: ARGUMENTS
    Next Hearing Date: 06-05-2020
    
    Date: 06-05-2020
    Next Purpose: ARGUMENTS
    Next Hearing Date: 28-05-2020
    
    Date: 28-05-2020
    Business: Due to Covid19 lockdown
    Next Purpose: ARGUMENTS
    Next Hearing Date: 15-06-2020
    
    Date: 15-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: ARGUMENTS
    Next Hearing Date: 14-08-2020
    
    Date: 14-08-2020
    Business: Due to Covid-19 Lockdown
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: ARGUMENTS
    Next Hearing Date: 14-10-2020
    
    Date: 14-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: ARGUMENTS
    Next Hearing Date: 20-01-2021
    
    Date: 20-01-2021
    Business: Court is on Leave.
    Matter is adjd to 01.03.2021 for Arguments.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 01-03-2021
    
    Date: 01-03-2021
    Business: Plaintiff  and his advocate are absent
    Defendant absent
    Adv  S.R. Pathak B/F Ravi Kotian for Defendant  present.
    Matter is adjd to  31.03.2021  for NM Arguments.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 31-03-2021
    
    Date: 31-03-2021
    Business: Plaintiff and his advocate are absent.
    Defendant present.
    Adv. Pathak for the deft present.
    L.O. At. 02.26 pm
    Adv. Balbheem Patil for the plff present.
    Matter is adjd to 14.06.2021 for N/M arguments.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 14-06-2021
    
    Date: 14-06-2021
    Business: Due to Covid-19 Pendamic lockdown
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 30-07-2021
    
    Date: 30-07-2021
    Business: Both the parties and their advocates are absent.
    Due to Covid-19 pandemic.
    Matter is adjd to 22.09.2021 for NM arguments.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 22-09-2021
    
    Date: 22-09-2021
    Business: Court is vacant
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 20-11-2021
    
    Date: 20-11-2021
    Business: Court is Vacant.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 24-01-2022
    
    Date: 24-01-2022
    Business: None present.
    Matter is adjd for  NM argument to 05-04-2022
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 05-04-2022
    
    Date: 05-04-2022
    Business: PO is on training.  Matter adj. to
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 07-07-2022
    
    Date: 07-07-2022
    Business: None for Plaintiff.
    Defendant with Adv. Mr. Pathak present.
    The NM No. 1582/2019 is filed praying direction against Defendant to furnish security of Rs. 5,52,500/- (Rupees Five Lacs Fifty Thousand and Five Hundred Only).  However, till date, inspite of appearance of Defendant the Plaintiff has not taken out SJ.  Considering the reliefs claimed by the Plaintiff in NM, this court is of the view that the NM can be considered at the time of SJ Hearing, if any filed by the Plaintiff.
    Plaintiff to take necessary steps to proceed in the matter.
    Matter adjourned to 23/08/2022 for NM Reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 23-08-2022
    
    Date: 23-08-2022
    Business: None for Plaintiff.
    Adv. Shivprasad Pathak for Defendant present.
    This Court by detailed order dated 07.07.2022 had kept matter today for taking steps by plaintiff i.e. to file SJ.  However, neither the plaintiff is present nor the SJ is filed today.
    Matter adjourned to 01.11.2022 for steps by plaintiff.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 01-11-2022
    
    Date: 01-11-2022
    Business: Plaintiff is absence since long time.  Though the defendant cause his appearance.  Plaintiff failed to take out SJ.  Already on last two dates this court has granted chance to plaintiff to take proper steps so as to proceed in the matter.  In spite of the same plaintiff is absent No SJ is filed.  Hence, matter kept for dismissal.
    Matter is adj to 05/12/2022 for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 05-12-2022
    
    Date: 05-12-2022
    Business: Adv.B.S.Patil for plaintiff present.  He requested the court to permit him to tender draft Summons for Judgment along with affidavit.
    O-Permission is granted.
    O-Leave is granted to register the Summons for Judgment.
    Adv.S.R.Pathak for defendant present.
    Matter is adj to 08/02/2023 for reply on SJ.
    Next Purpose: REPLY
    Next Hearing Date: 08-02-2023
    
    Date: 08-02-2023
    Business: Adv.Balbheem Patil for plaintiff present.   He tendered registered SJ along with affidavit. T.O.R
    Matter is adj to 20/04/2023 for hearing on SJ.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-04-2023
    
    Date: 20-04-2023
    Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
    Adv.Balbheem Patil for plaintiff present.
    Adv.Pathak h/f Adv.Mandar Goswami for defendant present.
    By consent, matter is adj to 27/07/2023 for hearing on SJ.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 27-07-2023
    
    Date: 27-07-2023
    Business: Court is on leave.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 25-09-2023
    
    Date: 25-09-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    As court is busy in hearing final arguments in High Court Time Bound Sum. Suit No.464 of 2017, remaining afternoon session board is discharged.
    Parties are at liberty to tender affidavits, reply, applications, etc. if any.
    Matter is adj to 14.12.2023 for SJ hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 14-12-2023
    
    Date: 14-12-2023
    Business: Court is On Leave
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 03-02-2024
    
    Date: 03-02-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Both parties and their advocate are absent.
    Parties are given last chance to argue on summons for judgment.
    Matter is adj to 22.02.2024 for hearing on summons for judgment.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 22-02-2024
    
    Date: 22-02-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Balbheem Patil for plaintiff is present.
    Defendant in person present.
    There is element of settlement. Hence, be referred for Lokadalat.
    Matter is adj to 03.03.2024 for Lokadalat.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 03-03-2024
    
    Date: 03-03-2024
    Business: NATIONAL LOK-ADALAT HELD ON 03.03.2024 (PANEL NO.14)
    Matter pertaining to CR No.81
    None present.
    Matter not settled.
    Matter adj. to 27/03/2024.
    Next Purpose: FOR___________________
    Next Hearing Date: 27-03-2024
    
    Date: 27-03-2024
    Business: Court is on leave.
    Next Purpose: FOR___________________
    Next Hearing Date: 03-05-2024
    
    Date: 03-05-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. B. S. Patil for plaintiff is present.
    Mr. Sanjay Patil, the defendant in person is present.
    The plaintiff has already filed original documents along with list. Taken on record. It is marked as Exh-9.
    Matter is adj to 27.06.2024 for hearing on notice of motion and Summons for judgment.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-06-2024
    
    Date: 27-06-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. B. S. Patil for plaintiff is present.
    The defendant and his counsel are absent.
    Matter is adj to 23.07.2024 for hearing on NM and Summons for judgment.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-07-2024
    
    Date: 23-07-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Balbheem patil for plaintiff is present.
    Adv. S. S. Balla for defendant is present and filed application with undertaking to file vakalatnama on next date. Taken on record. It is marked as Exh-10.
    Matter is adj to 21/08/2024  for hearing on NM.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-08-2024
    
    Date: 21-08-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. B. S. Patil for plaintiff is present.
    Adv. Pravin Dhanawade for defendant is present and filed undertaking on behalf of defendant to file Vakalatnama on next date. Taken on record. It is marked as Exh-11. He also requested for adjournment to argue on notice of motion. Adjournment is granted.
    Matter is adj to 24.09.2024 for hearing on notice of motion and Summons for judgment.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-09-2024
    
    Date: 24-09-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. B. S. Patil for plaintiff is present.
    Adv. S. S. Balla for defendant is present.
    Heard counsel for plaintiff on Summons for judgment and Notice of motion.
    Matter is adj to 17.10.2024 for hearing on Summons for judgment and notice of motion by defendant.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-10-2024
    
    Date: 17-10-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. B. S. Patil for plaintiff is present.
    Adv. B. S. Balla for defendant is present.
    Heard counsel for defendant on Notice of motion and Summons for judgment.
    Matter is adj to 12.11.2024 for further argument/ order on notice of motion and Summons for judgment
    Next Purpose: ARGUMENT P.H.
    Next Hearing Date: 12-11-2024
    
    Date: 12-11-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Both parties and their advocate are absent.
    FRSR following order is passed on NM No.1582/22
    Order
    1. Notice of Motion No. 1582/2019 is hereby dismissed.
    2.Notice of Motion No. 1582/2019 is disposed of  accordingly.
    FRSR following order is passed on SJ No.408/22
    Order
    1)Summons for judgment No. 408/2022 is disposed off as follows-
    (a)Defendant is granted unconditional Leave to defend the suit and directed to file written statement on or before next date.
    2)Summons for judgment No. 408/2022 is disposed off accordingly.
    Nature Of Disposal: DISMISSED
    Disposal Date: 12-11-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 104692/2019
    Filing Date: 16-04-2019
    First Hearing Date: 24th July 2019
    Decision Date: 12th November 2024
    Court Number And Judge: 81-COURT 81 ADDL. SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    12 Nov 2024

    Order Details: Notice of Motion Pdf Text: MHCC010042762019 Presented on 16/04/2019 Registered on 16/04/2019 Decided on 12/11/2024 Duration 05Y: 06M: 26 D IN THE CITY CIVIL COURT AT MAZGAON, MUMBAI NOTICE OF MOTION NO. 1582 OF 2019 IN SUMMARY SUIT NO. 172 OF 2019 Mr. Rajeshwar Laxmanrao Gadge, ]...Plaintiff V/s. ] Mr. Sanjay Katyarsingh Patil, ]...Defendant Appearance : Ld. advocate B. S. Patil for the plaintiff. Ld. advocate B. S. Balla for defendant. CORAM : HHJ SHRI SANGRAM SHRIHARI SHINDE…

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