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NOTICE OF MOTION

Kishor Laxman NaikVsMrs. Padmaja Pandharinath Pandhare

CNR MHCC0100477720196-COURT 06 ADDL. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 02nd September 2026

TrustJury record updated 20 Sept 2026

Case Overview

Registration Number
101750/2019
Registration Date
03 May 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: 04-06-2019
    Business: Adv Jayawant for plaintiff present and filed original N/M 1750/19 along with Writ of Summons
    Adv Indira for defendant no 2 present
    Adv Giri for defendant no 3 / BMC is present.
    Defendant no 1 absent.
    Adjd. To 27.6.2019 for filing reply on NM
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 27-06-2019
    
    Date: 27-06-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-07-2019
    
    Date: 25-07-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-08-2019
    
    Date: 20-08-2019
    Reason For Adjournment: court time is over
    Next Purpose: REPLY
    Next Hearing Date: 17-09-2019
    
    Date: 17-09-2019
    Reason For Adjournment: court time is over
    Next Purpose: REPLY
    Next Hearing Date: 17-10-2019
    
    Date: 17-10-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-01-2020
    
    Date: 14-01-2020
    Business: Advocate for plaintiff present.
    He filed rejoinder to N/M.
    Advocate for defendant no.1 present.
    She filed photocopy of death certificate along with application (Exh-3).
    H/d Advocate Vyavahare for defendant no.3/BMC present.
    Ld. Adv. for defendant requested for time.- Finally granted.
    Adjourned for Reply / Steps to 12/03/2020.
    Next Purpose: REPLY
    Next Hearing Date: 12-03-2020
    
    Date: 12-03-2020
    Business: Advocate for Plaintiff present.
    He tendered draft Ch/s along with affidavit.
    O-Leave is granted to register draft Ch/s.
    Reply is filed by def. no. 1 and 2.  The Draft Ch/s is for bringing the LRs of def. no. 1 by deleting the name of deceased def. no. 1.  From the death extract death certificate it is appearing that def. no. 1 Padmaja has died on 01/12/2019.
    Advocate for defendant no. 1 and 2 present. Plaintiff has moved this Ch/s on receiving the information of demise of def. no. 1 on last date, which is within limitation.  Therefore the prayer in Ch/s is made absolute.  Plaintiff shall bring the LRs of deceased def. No. 1 on record within stipulating time by deleting name of def. no. 1. Accordingly the draft Ch/s is disposed of.  The draft Chamber summons be registered for statistical purposes.
    Advocate Sutar for defendant/BMC present.
    Adjourned for Compliance to 07/04/2020.
    Next Purpose: REPLY
    Next Hearing Date: 07-04-2020
    
    Date: 07-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPLY
    Next Hearing Date: 18-04-2020
    
    Date: 18-04-2020
    Next Purpose: REPLY
    Next Hearing Date: 29-05-2020
    
    Date: 29-05-2020
    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: REPLY
    Next Hearing Date: 16-06-2020
    
    Date: 16-06-2020
    Next Purpose: REPLY
    Next Hearing Date: 16-07-2020
    
    Date: 16-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPLY
    Next Hearing Date: 03-09-2020
    
    Date: 03-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPLY
    Next Hearing Date: 27-10-2020
    
    Date: 27-10-2020
    Business: Due to Covid-19. Matter is adjourned.
    Next Purpose: REPLY
    Next Hearing Date: 19-01-2021
    
    Date: 19-01-2021
    Business: As Court is on leave. matter is adjourned.
    Next Purpose: REPLY
    Next Hearing Date: 16-03-2021
    
    Date: 16-03-2021
    Business: None for plaintiff.
    Advocate for defendant/BMC present.
    Adjourned for Compliance to 06/07/2021.
    Next Purpose: REPLY
    Next Hearing Date: 06-07-2021
    
    Date: 06-07-2021
    Business: Adjourned due to Covid-19.
    Next Purpose: REPLY
    Next Hearing Date: 09-09-2021
    
    Date: 09-09-2021
    Business: None present for plaintiff.
    Advocate Smt. Deepali patil for defendant/BMC present.
    Plaintiff is directed to complied the order dated 12.03.2020 till next date as last chance.
    Adjd for Compliance to  17.11.2021
    Next Purpose: COMPLIANCE
    Next Hearing Date: 17-11-2021
    
    Date: 17-11-2021
    Business: Advocate for plaintiff present and filed amended copy of plaint.
    Copy served
    Advocate Smt. Deepali Patil for defendant/BMC present.
    Adjd for N/M Hearing to  29.11.2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-11-2021
    
    Date: 29-11-2021
    Business: Advocate for plaintiff present.
    Advocate Smt. Deepali Patil  for defendant No. 3/BMC present.
    Defendant 1 & 2 are absent.
    Adjd for  N/M Hearing  to  19.01.2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-01-2022
    
    Date: 19-01-2022
    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.
    Adjd for NM Hearing to 14.03.2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-03-2022
    
    Date: 14-03-2022
    Business: Plaintiff  present and  his advocate is present.
    Advocate Indira for defendant No. 1 & 2 present.
    Advocate Smt. Deepali Patil for defendant/BMC present.
    Adjd for NM Hearing to  22.07.2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-06-2022
    
    Date: 24-06-2022
    Business: By precipe
    Advocate for plaintiff present and filed application for preponeding the date as Exh. 4.
    Advocate Smt. Deepali Patil for defendant No. 3/BMC present.
    Adv. for defendant No. 1 and 2 present.
    By consent date is preponed.
    Matter adjd to 06.07.202 for NM Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-07-2022
    
    Date: 06-07-2022
    Business: Advocate N.D. Jaywant for plaintiff present.
    Advocate for Defendant No. 1 and 2 present.
    Advocate Smt. Deepali Patil for defendant/BMC present.
    Heard argument of Advocate for plaintiff.
    Adjd for Argument of Defendant No. 1 and 2 to  15.07.2022
    Next Purpose: ARGUMENTS
    Next Hearing Date: 15-07-2022
    
    Date: 15-07-2022
    Business: Advocate N.D Jaywant for plaintiff present.
    Advocate Indira Labdhe for defendant No. 1 and 2 present.
    Advocate Smt. Deepali Patil for defendant No. 3/BMC present.
    Heard argument on both sides on Notice of Motion No. 1750/2019.
    Adjd for NM Hearing to  04.08.2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-08-2022
    
    Date: 04-08-2022
    Business: court is on leave
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-09-2022
    
    Date: 06-09-2022
    Business: Advocate for plaintiff present.
    Advocate Smt. Meena Dhuri for defendant/BMC present.
    Adjd for N/M Order to 07.10.2022.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 07-10-2022
    
    Date: 07-10-2022
    Business: None present for plaintiff.
    Advocate for defendant No. 1 and 2 present.
    Advocate Smt. Deepali Patil  for defendant No. 3/BMC present.
    It is submitted by advocate for the defendant /BMC reply of defendant /BMC to the Notice of Motion No. 1750/2019 is not filed on record.  She wants to file reply and argue NM No. 1750/2019. By this Notice of Motion mandatory injunction has been prayed against the BMC. So she has prayed for short time/adjournment for filing reply on NM and advancing argument on NM.
    On previous date plaintiff and defendant No. 1 and 2 advanced their argument on Notice of Motion. Reply of Defendant No. 3 BMC to the NM is not on record. Today Matter is fixed for argument of defendant/BMC on NM. Hence on request of advocate for BMC matter is adjourned for filing reply/ Argument  of  BMC on NM No.1750/2019.
    Adjd for NM Reply /Argument to  15.10.2022
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 15-10-2022
    
    Date: 15-10-2022
    Business: Advocate for plaintiff present.
    Advocate Smt.Deepali Patil for defendant/BMC present.
    On request of advocate for defendant/BMC submits that she wants to filing reply on Notice of Motion. Hence short adjournment is granted for filing reply.
    Adjd for NM Reply to  18.11.2022
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 18-11-2022
    
    Date: 18-11-2022
    Business: Plaintiff present, his Advocate absent.
    Advocate Smt. Deepali Patil for defendant/BMC present
    Adjd for NM reply to 25.01.2023
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 25-01-2023
    
    Date: 25-01-2023
    Business: Advocate  N.D. Jaywant for plaintiff present.
    Advocate Harsh Pathak I/b Indira Labdhe for defendant No. 1 present.
    Advocate Smt. Deepali Patil  for defendant/BMC present.
    Plaintiff and defendant No. 2 argued Notice of Motion.  At the time of hearing of Notice of Motion defendant/BMC submitted that they want to file reply on NM thereafter matter posted for reply on Notice of Motion of plaintiff for three dates . However Defendant/BMC has not filed reply on Notice of Motion. Hence, Notice of Motion to proceed without reply of defendant/BMC. Matter is posted for further argument.
    Adjd for Further Argument/Order to  27.02.2023
    Next Purpose: ARGUMENTS
    Next Hearing Date: 27-02-2023
    
    Date: 27-02-2023
    Business: Advocate M. R. Yadav h/f N.D. Jaywant for plaintiff present.
    None present for defendant  No. 1 and 2
    Advocate Smt. Meena Dhuri for defendant/BMC present.
    L.O 4.01 pm
    Advocate Harsh Pathak I/b Indira Labdhe for defendant No. 1 and 2 present.
    L.O. 4.34 p.m.
    Advocate M. R. Yadav h/f N.D. Jaywant for plaintiff present.
    Advocate Harsh Pathak I/b Indira Labdhe for defendant No. 1 and 2 present.
    Advocate Smt. Meena Dhuri for defendant/BMC present.
    Heard argument of defendant/ BMC.
    On behalf of defendant/BMC Smt. Meena Dhuri as well as advocate for plaintiff M. R. Yadav submit that they want to file some judgment of Hon\''ble High Court and Supreme Court.
    So they are seeking adjournment for filing citation.
    With the consent of both the parties matter is adjourned for filing citation on 10.03.2023
    Adjd for Filing citation / NM Hearing to 10.03.2023
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-03-2023
    
    Date: 10-03-2023
    Business: Advocate N.D. Jaywant for plaintiff present.
    Advocate Smt. Deepali Patil  for defendant/BMC present.
    On request of Advocate for defendant/BMC short time is granted for filing citation.
    Adjd for NM Hearing to  24.03.2023
    L.O. 3.44 p.m.
    Advocate Harsh Pathak h/f Indira Labdhe for defendant No. 1 and 2 present.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-03-2023
    
    Date: 24-03-2023
    Business: Advocate M.R. Yadav h/f Jayawant for plaintiff present.
    Advocate Smt.  Deepali Patil for defendant/BMC present and filed citation t.o.r. copy served.
    Adjd for Reply on Citation/ NM Hearing to  12.04.2023
    L. O. 3.55 p.m.
    Adv. Harsh Pathak I/b adv. Indira Labdhe for defendant No. 1 and 2 present.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-04-2023
    
    Date: 12-04-2023
    Business: None present for plaintiff
    Advocate Smt. Deepali Patil  for defendant/BMC present.
    Adjd for NM Hearing to 26.07.2023
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-07-2023
    
    Date: 26-07-2023
    Business: Advocate N. D. Jaywant present for plaintiff.
    Advocate Deepali Patil present for defendant/BMC.
    Advocate Indira labde for defendant no. 1 and 2.
    Matter adjourned for nm hearing to 25-08-23.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-08-2023
    
    Date: 25-08-2023
    Business: Advocate Jaywant present for plaintiff.
    Advocate Deepali Patil present for defendant/BMC.
    Advocate Harsh Pathak for defendant no. 1 and 2 present and sought adjournment.
    As per request of defendant, adjournment granted as a last chance. defendant is directed to advance arguments on the next date positively.
    Matter adjourned for Nm hearing to 29/09/23.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-09-2023
    
    Date: 29-09-2023
    Business: Advocate M. R. Yadav present for plaintiff.
    Advocate Kumawat h/f. Advocate Deepali Patil present for defendant/BMC.
    Advocate Dimple Jain for defendant no. 1 and 2 present and sought adjournment.
    kb.
    l.o. at 04.17 pm.
    Plaintiff present his advocate is absent and requested short adjournment.
    Matter adjourned for NM hearing to 27/10/23.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-10-2023
    
    Date: 27-10-2023
    Business: Advocate N.D. Jaywant present for plaintiff.
    Adv. Labde for Def. No. 1 and 2 present.
    Advocate Meena Dhuri present for defendant/BMC.
    Court is busy in passing order in H.C.T.B Matter.
    Matter adjourned for NM hearing to 06/12/2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-12-2023
    
    Date: 06-12-2023
    Business: Advocate N. D. Jaywant present for plaintiff.
    Advocate Deepali Patil present for defendant/BMC.
    Advocate Dimple Jain for defendant no. present.
    As court is busy in recording evidence in S.C. no. 775/19. Hence,
    Matter adjourned for NM hearing to 31/1/24.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 31-01-2024
    
    Date: 31-01-2024
    Business: Advocate N. D. Jaywant present for plaintiff.
    Advocate Deepali Patil  present for defendant/BMC.
    Adv.  Harsh Pathak h/f.  Indira Labdhe for defendant no. 1 present. and sought adjournment. O- Granted.
    Matter adjourned for NM hearing to 26.02.2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-02-2024
    
    Date: 26-02-2024
    Business: Advocate N D Jaywant present for plaintiff.
    Advocate Deepali Patil present for defendant/BMC.
    Adv. Indira Labdhe for defendant no. 1 and 2 present.
    Heard arguments of advocate of plaintiff on NM No. 1750 of 2019
    Partly heard argument adv. for defendant.
    Matter adjourned for NM hearing of defendant to 15.03.2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-03-2024
    
    Date: 15-03-2024
    Business: Advocate M R Yadav h/f Adv. N. D. Jaywant present for plaintiff and filed draft notice of motion along with affidavit. O  Leave granted to registered. Copy served.
    Advocate Deepali Patil present for defendant/BMC.
    Adv. Dimpal Jain h/f Adv. Indira Labdhe for defendant no. 1 and 2 present.
    Matter adjourned for NM reply to 24.06.2024.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 24-06-2024
    
    Date: 24-06-2024
    Business: Advocate Rajanish Upadhyay h/f Adv. N. D. Jayvant present for plaintiff and filed registered NM No. 1237 of 2024.
    Advocate Sutar present for defendant/BMC.
    Adv. Dimpal Jain h/f Adv. Indira Labdhe present for defendant no. 1 and 2 and sought adjournment for filing reply to NM. O- Granted.
    Matter adjourned for NM reply to 23.09.024.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 23-09-2024
    
    Date: 23-09-2024
    Business: Advocate M. R. Yadav h/f Adv. N. D. Jaywant present for plaintiff.
    Advocate Amar Patil present for defendant/BMC.
    Adv. Dimpal Jain for defendant no. 1 and 2 present and sought time for filing reply on NM no. 1237 of 2024. O - granted.
    Matter adjourned for NM reply to 20.01.2025.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 20-01-2025
    
    Date: 20-01-2025
    Business: Advocate M R Yadav h/f Adv. N. D. Jaywant present for plaintiff.
    Advocate Bibhishan Sutar present for defendant/BMC.
    Adv. Ritu Raj Diwakar i/b Indira Labde for defendant no. 1 and 2 present and sought adjournment for filing reply. O- Granted.
    Matter adjourned for NM reply to 25.04.2025.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 25-04-2025
    
    Date: 25-04-2025
    Business: COURT IS ON LEAVE.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 04-08-2025
    
    Date: 04-08-2025
    Business: Adv. M. R. Yadav h/f Adv. N. D. Jaywant present for plaintiff.
    Advocate Bibhishan Sutar present for defendant/BMC.
    Adv. Nidhi Chawla for defendant no. 1 and 2 present and sought adjournment for filing reply. O- Granted.
    Matter adjourned for NM reply to 10.11.2025.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 10-11-2025
    
    Date: 10-11-2025
    Business: COURT IS ON LEAVE.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 10-12-2025
    
    Date: 10-12-2025
    Business: None present for plaintiff.
    Advocate Bibhishan Sutar present for defendant/BMC.
    Adv. Nidhi Chawda h/f Adv. Indira Labdhe for defendant no. 1 and 2 present.
    Matter adjourned for NM reply to 13.02.2026.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 13-02-2026
    
    Date: 13-02-2026
    Business: None present for the plaintiff.
    Advocate Amar Patil present for defendant/BMC and seeks time for filing reply.
    Adv. Nidhi Chawda h/f Adv. Indira labde for defendant no. 1 and 2 present and seeks time for filing reply.
    Despite sufficient opportunities no reply have filed by defendants, hence NM No 1237 of 2024 is heard without reply of defendants.
    Matter adjourned for NM hearing to 13.04.2026.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-04-2026
    
    Date: 13-04-2026
    Business: None present for the plaintiff.
    Advocate Amar Patil h/f Adv. Sutar present for defendant/BMC.
    Adv. Nidhi Chawda i/b Adv. Indira Labdhe for defendant no. 1 present.
    Matter adjourned for NM hearing to 10.07.2026.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-07-2026
    
    Date: 10-07-2026
    Business: None present for the plaintiff.
    Advocate Bibhishan Sutar present for defendant/BMC.
    Adv. Nidhi Chawda for defendant No. 1 present.
    Matter adjourned for NM hearing to 07.08.2026.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-08-2026
    
    Date: 07-08-2026
    Business: None present for the plaintiff.
    Advocate Rohit Gaikwad present for defendant/BMC.
    Adv. Nidhi Chawda for defendant No. 1 present.
    Plaintiff and his advocate are absent since December-2025. NM is pending for hearing. It appears that the plaintiff is not interested in proceeding with the hearing of Notice of Motion. Hence Notice of Motion is posted for dismissal order.
    Matter adjourned for NM dismissal to 02.09.2026.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 02-09-2026
    
    Date: 02-09-2026
    Business: None  present for the plaintiff.
    Advocate Rohit Gaikwad present for defendant/BMC.
    Advocate Nidhi Chawda h/f Adv. Indira Labdhe for defendant No. 1 present.
    Matter is posted for dismissal of Notice of Motion. Plaintiff and his advocate are absent for proceeding further with the Notice of Motion. Hence NM No. 1237 of 2024 and NM No. 1750 of 2019 are dismissed in default and for want of prosecution. Proceedings in NM No.  1237 of 2024 and NM No. 1750 of 2019 are closed. Parties to take note.
    Nature Of Disposal: DISMISSED
    Disposal Date: 02-09-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 105383/2019
    Filing Date: 03-05-2019
    First Hearing Date: 04th June 2019
    Decision Date: 02nd September 2026
    Court Number And Judge: 6-COURT 06  ADDL. SESSIONS JUDGE

    Orders

    1
    Final Order 1
    02 Sept 2026
    Order Details: Notice of Motion
    Pdf Text: Daily Status
    IN THE COURT OF :COURT 06 ADDL. SESSIONS JUDGE
    Case No. :NOTICE OF MOTION/0101750/2019
    Kishor Laxman Naik Vs Mrs. Padmaja Pandharinath Pandhare
    Date : 02-09-2026
    Business : None present for the plaintiff. Advocate Rohit Gaikwad
    present for defendant/BMC. Advocate Nidhi Chawda h/f Adv.
    Indira Labdhe for defendant No. 1 present. Matter is posted
    for dismissal of Notice of Motion. Plaintiff and his advocate
    are absent for proceeding further with the Notice of Motion.
    Hence NM No. 1237 of 2024 and NM No. 1750 of 2019 are
    dismissed in default and for want of prosecution. Proceedings
    in NM No. 1237 of 2024 and NM No. 1750 of 2019 are
    closed. Parties to take note.
    Nature of Disposal : DISMISSED
    Disposal Date : 02-09-2026
    COURT 06 ADDL. SESSIONS JUDGE
    -- 1 of 1 --

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