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NOTICE OF MOTION

Dinesh Kapil TripathiVsRajshree Devidas Sonawane

CNR MHCC0100502420199-COURT 09 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
PENDING

TrustJury record updated 20 Sept 2026

Case Overview

Registration Number
101777/2019
Registration Date
13 May 2019
Next Hearing Date
12 Oct 2026
Case Stage
DRAFT ISSUES

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: 17-07-2019
    Business: None present for plaintiff.
    Adv. Sandeep Patil for Defendant No. 2  present.
    Adv. Kudapalli for defendant No. 5 present. She undertakes to file vakalatnama on next date
    Exh- 4 Vakalatnama filed by Adv. for defendant No. 2 tor.
    Matter is adjd. to 21/09/2019 for reply to Notice of motion/written statement/proof of service of writ of summons to defendant No. 1,3,4 and 6.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 21-09-2019
    
    Date: 21-09-2019
    Business: Adv. Vikram Singh for the Plaintiff present.
    Adv. Krishna Patel for Defendant-5 present.
    By consent matter is adjd. to 7.11.2019.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 07-11-2019
    
    Date: 07-11-2019
    Business: Plff present. Adv. for the Plaintiff absent.
    Adv. Poonam Gupta for defendant/SRA present.
    As court is busy in preceipe matters, adjd. to 03.02.2020 for N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 03-02-2020
    
    Date: 03-02-2020
    Business: Adv. Ram Singh for Plaintiff is present.  He seeks time for servicve on defendant no. 1,3,4 and 6.  O granted.
    Adv. Sammual for defendant no.5 is present.
    Matter is adjd.  for service to 09/04 /2020.
    Next Purpose: SERVICE
    Next Hearing Date: 09-04-2020
    
    Date: 09-04-2020
    Next Purpose: SERVICE
    Next Hearing Date: 21-04-2020
    
    Date: 21-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SERVICE
    Next Hearing Date: 12-05-2020
    
    Date: 12-05-2020
    Next Purpose: SERVICE
    Next Hearing Date: 01-06-2020
    
    Date: 01-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SERVICE
    Next Hearing Date: 18-06-2020
    
    Date: 18-06-2020
    Business: Lockdown
    Next Purpose: SERVICE
    Next Hearing Date: 25-11-2020
    
    Date: 25-11-2020
    Business: Due to lockdown because of Covid-19, board is discharged and as per SOP only urgent matters are taken up.
    Next Purpose: SERVICE
    Next Hearing Date: 04-03-2021
    
    Date: 04-03-2021
    Business: None for plaintiff.
    Adv. Mr. Bhandari h/f Adv. Mr. Trivedi for the defendant No.1.
    Last chance is granted for NM reply and service.
    Matter is adjd. to 28/04/2021 for NM reply and service.
    Next Purpose: SERVICE
    Next Hearing Date: 28-04-2021
    
    Date: 28-04-2021
    Business: due to covid-19
    Next Purpose: SERVICE
    Next Hearing Date: 07-07-2021
    
    Date: 07-07-2021
    Business: Due to COVID-19 pandemic.
    Next Purpose: SERVICE
    Next Hearing Date: 30-08-2021
    
    Date: 30-08-2021
    Business: Court is on leave
    Next Purpose: SERVICE
    Next Hearing Date: 17-11-2021
    
    Date: 17-11-2021
    Business: As Court is busy in hearing, arguments in NM, SU 1954/21 on the board. Hence, board is discharged and matter adjourned.
    Matter is adjd. to 03.02.2022 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 03-02-2022
    
    Date: 03-02-2022
    Business: Due to SOP only urgent matters are taken up.
    Matter is adjd. to 22.04.2022 for Service.
    Next Purpose: SERVICE
    Next Hearing Date: 22-04-2022
    
    Date: 22-04-2022
    Business: None present for parties.
    Court is busy in hearing High Court time bound matter in Stamp No. 6984/18 and R.E. in Suit No. 3641/2012.
    Hence, board is discharged.
    Matter is adjd. to 04.07.2022 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 04-07-2022
    
    Date: 04-07-2022
    Business: Adv. Ram Singh for plaintiff present.
    Adv. Trivedi for SRA present.
    Perusing record it appears that filed the service of writ of summons since 17-07-2019 since then plaintiff not filed service affidavit.
    Plaintiff\''s advocate submitted that he will file service of writ of summons on the next date therefore time granted as last chance. Failing which Suit and notice of motion will be dismissed.
    Matter is adjd.to 02-08-2022  for  dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 02-08-2022
    
    Date: 02-08-2022
    Business: Adv. Y.K. Sharma h/f Adv. Ram Singh for plaintiff present and submitted that writ of summons not served, already last chance is granted. Ld. Adv. submitted that one more chance may be given to him for writ of summons. Therefore, considering the nature of suit one more chance given to plaintiff to file writ of summons.
    It also appears that register NM is not tendered. Hence, if the plaintiff fail to file writ of summons and tender the NM on the next date, suit will be dismissed.
    Adv. Trivedi for Defendant No. 5 / SRA present.
    Matter is adjd. to 20.09.2022 for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 20-09-2022
    
    Date: 20-09-2022
    Business: Adv. V. K. Sharma for plaintiff present and filed application marked as Exh.5 for extension of time for service upon defendant. He submitted that due to his personal difficulty he is unable to present and serve the defendant.
    Considering reason mentioned in the application time is extended for service.
    Adv. Trivedi for deft.no. 5/SRA present.
    None present for defendant
    Matter is adjd. to 21.11.2022 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 21-11-2022
    
    Date: 21-11-2022
    Business: Adv. V.K. Sharma h/f Adv. Ram Singh for plaintiff present and submitted that some of deft. served the ch/s but one of deft. is expired. Hence, he is going to file NM to bring on record legal heirs and seeking time for filing service affidavit
    Adv. Mr. Trivedi for Deft.no. 5/SRA present
    Matter is adjd. to 19.12.2022 for Affidavit of Service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 19-12-2022
    
    Date: 19-12-2022
    Business: Adv. V. K. Sharma h/f Adv. Ram Singh for plaintiff present and filed draft ch/s alongwith affidavit in support. TOR. O - Leave is granted to register ch/s.
    Adv. Mr. Trivedi for Deft.no.5/SRA present
    Matter is adjourned to 07.02.2023 for Affidavit of Service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 07-02-2023
    
    Date: 07-02-2023
    Business: Adv. V.K. Sharma h/f Adv. Ram Singh for plaintiff present and he filed registered Chamber Summons No.96/23 alongwith affidavit in support and seeking time for filing service affidavit.
    Adv. Mr. Trivedi for Deft.No.5/SRA present.
    Adv. Chandramore for defendant No.6/BMC present.
    Matter is adjourned to 27.03.2023 for Affidavit of Service.
    LO at 3.45 pm.
    Adv. R.A. Yadav for Deft.nos. 2a to 2e present and filed VP. TOR.
    Exh.6.
    Matter is already adjourned to 27.03.2023 for Affidavit of Service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 27-03-2023
    
    Date: 27-03-2023
    Business: Plaintiff present and filed affidavit of service of Chamber Summons No. 96/23.
    Adv. Mr. Trivedi for Defendant No.5/SRA present
    Adv. Khandagale for deft.No.6/BMC present.
    Plaintiff is directed to serve copy of Chamber Summons to Defendant Nos.5 and 6.
    Matter is adjourned to 26.06.2023 for Affidavit of service to defendant Nos. 5 and 6.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 26-06-2023
    
    Date: 26-06-2023
    Business: Adv. Mr. V.K. Sharma for the plaintiff is present.
    Adv. Mr. Trivedi for defendant No.5/SRA is present.
    Adv. Ms. Chandramore for defendant No.6/BMC is present.
    Adv. for defendant No. 5 seeks time to file reply to Ch/s by submitting that he yet not received the paper. Time is granted.
    Adjourned for Ch/s reply to 01.08.2023.
    Next Purpose: C/S REPLY
    Next Hearing Date: 01-08-2023
    
    Date: 01-08-2023
    Business: Adv. Mr. Ram Singh for the plaintiff is present.
    Adv. Mr. R.A. Yadav for defendant No. 2 is present.
    Adv. Mr. Bhandari h/f Adv. Trivedi for defendant No.5/SRA is present.
    Adv. Ms. Chandramore for defendant No.6/BMC is present.
    Adv. for the plaintiff seeks time for service of Ch/s to defendant. Time is granted.
    Matter is adjourned to 11.09.2023 for Ch/s reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 11-09-2023
    
    Date: 11-09-2023
    Business: Adv. Mr. Ram Singh for the plaintiff is present.
    Adv. Mr. R.A. Yadav for defendant No. 2 is present.
    Adv. Mr. Trivedi for defendant No.5/SRA is present.
    Adv. Ms. Chandramore for defendant No.6/BMC is present.
    Adv. for the plaintiff supplied copy of Ch/s to defendant No. 2.
    Adv. for defendant No. 2 and 5 sought time to file reply to Ch/s. Time is granted.
    Matter is adjourned to 06.11.2023 for Ch/s reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 06-11-2023
    
    Date: 06-11-2023
    Business: Adv. Mr. V. K. Shrma for the plaintiff is present.
    Adv. Mr.  Bhandari for defendant No.5 SRA is present.
    Adv Ms. Konijiya for defendant no. 2 present.
    Adv. Ms. Chndrmore for defendant no. 6 present.
    Adv for defendant no. 2 to 5 seeks time to filed reply to ch/s. O-Time granted.
    Adjourned for reply to 08.01.2024.
    Next Purpose: C/S REPLY
    Next Hearing Date: 08-01-2024
    
    Date: 08-01-2024
    Business: Adv. Mr.V.K. Sharma i/b. Ram Singh for the plaintiff is present.
    None present for defendant Nos. 1 to 4.
    Adv. Mr. D.M Trivedi for defendant no. 5/SRA is present.
    Adv. Mrs. Chandramore for defendant no. 6/BMC is present.
    She filed reply to ch/s no. 96/2023 overleaf. No reply filed by def. No. 1 to 4 and def No. 6.
    Matter is adjourned to 22.01.2024 for ch/s hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 22-01-2024
    
    Date: 22-01-2024
    Business: Adv. Mr.Ram Singh for the plaintiff is present.
    Adv. Mr.R.A.Yadav for defendant no.2(a) is present.
    Adv. Mr.Trivedi for defendant no.5/SRA is present.
    Advocte for plaintif filed list of documents. TOR. O-filed
    Following order is passed on Ch/s No.96 of 2023.
    Plaintiff has taken out Chs for bringing on record legal heirs of defendant no.2. No objection is given on behalf of defendant no.2. Hence, I hold that Ch/s deserves to be allowed. Hence, the following order is passed.
    ORDER
    1. Ch/s No.96 of 2023 is made absolute.
    2. Plaintiff to carry out necessary amendment within 14 days and to supply copy of amended plaint on record.
    Matter is adjourned to 05.02.2024 for Compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 05-02-2024
    
    Date: 05-02-2024
    Business: Plaintiff present.
    Adv. Mr.V.K.Sharma for the plaintiff is present.
    Adv. Mr.R.A.Yadav for defendant no.2a to 2b is present.
    Adv.Trivedi for defendant no.5/SRA is present.
    Adv. Mrs.Chandramore for defendant no.6/BMC is present.
    Adv. for plaintiff has carried out amendment but seeks time to supply copy of amended plaint.
    Matter is adjourned to 18.03.2024 for Compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 18-03-2024
    
    Date: 18-03-2024
    Business: Plaintiff is present.
    Adv. Mr.V.K.Sharm for the plaintiff is present.
    Adv. Mr.Siddharth Khedekar h/f Adv. Sachin Kadam for defendant no.1/State is present.
    Adv. Mr.Trivedi for defendant no.5/SRA is present.
    Adv. for plaintiff submitted that he has served copy of amended plaint to all the defendants and also place on record amended plaint.
    Adv. for plaintiff seeks time to tendered register NM.
    Matter is adjourned to 11.06.2024 for further compliance.
    LO at 3.31 pm
    Adv. Mr. R.A.Yadav for defendant no.2(a) to 2 (e) is present.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 11-06-2024
    
    Date: 11-06-2024
    Business: Adv. Mr.V.K.Sharma for the plaintiff is present.
    Adv. Mr. Yadav for defendant No.2(a) to 2(e) is present.
    Adv. Mr.Bhandari h/f Adv. Mr.Trivedi for defendant no.5/SRA is present.
    Direction to supply copy of NM which appear to be missing from the record.
    Matter is adjourned to 02.07.2024 for Compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 02-07-2024
    
    Date: 02-07-2024
    Business: Adv. Mr.V.K.Sharma for the plaintiff is present.
    Adv. Ms.Sudha Kanojia h/f Adv. R.A.Yadav for defendant No.2(a) to 2(e) is present.
    Adv.Mr.Bhandari h/f Adv. Mr.Trivedi for defendant No.5/SRA is present.
    Plaintiff submitted reconstructed NM today as directed by the Court.
    Matter is adjourned to 07.08.2024 for NM Reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 07-08-2024
    
    Date: 07-08-2024
    Business: Advocate Sharma present for plaintiff.
    Advocate Bhandari present for defendant no.5 and informed the court that, defendant no. 5 does not want to file reply to NM and argue directly on NM.
    Defendant no.1 and 2 are directed to file reply otherwise NM will be proceed without their reply on the next date.
    Matter is adjourned for 01/10/24.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 01-10-2024
    
    Date: 01-10-2024
    Business: None present for plaintiff.
    None present for defendant.
    As both parties and their advocates are absent, Matter is adjourned for 11/10/24.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 11-10-2024
    
    Date: 11-10-2024
    Business: Adv. Mr.V.K. Sharmaa i/b Ram V. Singh for plaintiff is present.
    Adv. Mr. Dilip Shah h/f. Adv. R.A. Yadav for deft. 2(a) to 2(e) is present.
    Adv. Mr. Rahul Rathod for Deft./BMC. present.
    Matter is adjourned to 23.12.2024  for NM reply/rejoinder.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 23-12-2024
    
    Date: 23-12-2024
    Business: Plaintiff present his advocate absent.
    Plaintiff sought adjournment.
    Advocate Rahul Rathod for defendant/BMC present.
    Adv. Bhandari h/f Adv. Trivedi for defendant/SRA present.
    Matter is adjourned to 24/02/25 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 24-02-2025
    
    Date: 24-02-2025
    Business: As court is on leave, Board is discharged and the matter is adjourned.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 21-04-2025
    
    Date: 21-04-2025
    Business: As court is on leave. Board is discharged and matter is adjourned.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 08-07-2025
    
    Date: 08-07-2025
    Business: Adv. V. K. Sharma a/w Adv.  Ram Singh present for plaintiff.
    Advocate Mr. Rahul Rathod for defendant no. 6/BMC present.
    Advocate Trivedi for defendant no. 5/SRA present.
    Advocate R. K. Yadav for defendant no. 2a to 2e present.
    Matter is adjourned to 08/09/25 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 08-09-2025
    
    Date: 08-09-2025
    Business: Adv. V. K. Sharma i/b Ram U. Sing present for plaintiff.
    Adv. Rahul Rathod for defendant no.6/BMC present.
    Adv. Trivedi for defendant no.5/SRA present.
    Matter is adjourned to 17.10.2025 for NM reply.
    LO at 4.26pm
    Adv. R.A. Yadav for defendant no. 2(a) to 2(e) present and filed reply to NM no.1777/2019. He also filed WS.
    Matter already adjourned to 17.10.2025 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-10-2025
    
    Date: 17-10-2025
    Business: Adv. V. K. Sharma a/w Ankur Jain i/b Ram Singh present for plaintiff.
    Adv. Trivedi for defendant no.5/SRA present.
    Adv. for plaintiff present and submitted that by taking out praecipe the defendant no.1 filed the WS on record. However, it is not in limitation, hence Defendant be directed to take appropriate steps and WS should not be taken on record.
    Defendant no.2a to 2e and advocate absent when called.
    Matter is adjourned to 09.12.2025 for steps/NM reply.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 09-12-2025
    
    Date: 09-12-2025
    Business: Adv. Ankur Jain h/f Ram Ugrah Singh present for plaintiff.
    Adv. Gopichand Jawale h/f Adv. Rahul Rathod for defendant/BMC present.
    Matter is adjourned to 16.02.2026 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 16-02-2026
    
    Date: 16-02-2026
    Business: Adv. V. K. Sharma a/w Adv. Annkur Jain i/b R. U. Singh present for plaintiff.
    Adv. Rahul Rathod for defendant/BMC present.
    As Court time is over in dictating judgment in Suit no.4858/2012 and recording evidence in NDPS Spl Case 2291/2023. Hence, Matter is adjourned to 09.04.2026 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 09-04-2026
    
    Date: 09-04-2026
    Business: As the Court is on leave. Hence, board is discharged and matter stands adjd.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 07-05-2026
    
    Date: 07-05-2026
    Business: Adv. V. K. Sharma a/w Adv. Jain present for plaintiff.
    None present for defendants.
    Matter is adjourned to 11.06.2026 for steps.
                                                                                                       Judge
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 11-06-2026
    
    Date: 11-06-2026
    Business: Adv. Ram U. Singh a/w Adv. V. K. Sharma and Adv. Kajal Soni  present for plaintiff.
    Adv. Rahul Rathod for defendant no.6/BMC present.
    Considering the fact that NM 1777/2019 is pending since 2019, hence NM no.1777/2019 be tagged with main Suit and be heard alongwith Suit itself.
    Matter is adjourned to 09.07.2026 for further order.
    Next Purpose: ORDER
    Next Hearing Date: 09-07-2026
    
    Date: 09-07-2026
    Business: None present for plaintiff.
    Adv. Rahul Rathod for defendant no.6/BMC present.
    Record and proceeding show that on 24.02.2025 defendant nos.2(a) to 2(e) have filed Written Statement on record. The roznama dated 08.09.2025 shows that Advocate for defendant nos.2(a) to 2(e) have filed reply to NM 1777/2019 which was tagged with main suit on 11.06.2026 alongwith Written Statement hence, Written Statement of the defendant nos.2(a) to 2(e) is now marked as Exh.7. O-WS of defendant nos.2(a) to 2(e) RR.
    Matter is adjourned to 12.10.2026 for draft issues.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 12-10-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 105541/2019
    Filing Date: 13-05-2019
    First Hearing Date: 17th July 2019
    Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE

    Orders

    0

    No order text is available in this record.

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