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NOTICE OF MOTION

Mr. Anthony Domnic SoaresVsMCGM And Anr

CNR MHCC0100522220194-COURT 04 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 12th February 2026

TrustJury record updated 20 Sept 2026

Case Overview

Registration Number
101855/2019
Registration Date
24 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: 29-07-2019
    Business: Plaintiff present, his advocate is absent.
    Adv. Khandagle h/f Adv. Ms. Patil for MCGM/Deft. present.
    On oral request of ld adv for def., adjournment granted.
    Earlier order, if any, to continue till next date.
    Adjd to 10.10.2019 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 10-10-2019
    
    Date: 10-10-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-01-2020
    
    Date: 16-01-2020
    Business: Adv.Suparna Holamagi for plaintiff present.
    Adv. Ms. Patil for MCGM/Defendant present.
    Plaintiff is directed to tender original NM on next date.
    On oral request of advocate for defendant, adjournment granted
    Matter adjd to 05.03.2020 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 05-03-2020
    
    Date: 05-03-2020
    Business: Plaintiff present, his advocate absent.
    Adv. Ms. Patil for MCGM/Defendant present.
    On oral request of advocate for Defendant, adjournment granted as last chance.
     Matter adjd to 26.06.2020 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 26-06-2020
    
    Date: 26-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 27-10-2020
    
    Date: 27-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 22-01-2021
    
    Date: 22-01-2021
    Business: (Matter pertains to C.R.No.8)
    Adv. Mr. Holamagi for plaintiff present.
    None for deft/MCGM.
    Earlier order, if any, to continue till next date.
    Matter adjd to 09/03/2021 for NM Reply.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 09-03-2021
    
    Date: 09-03-2021
    Business: Earlier order, if any, to continue till next date.
    Matter adjd to 22/04/2021 for NM Reply.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 22-04-2021
    
    Date: 22-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 12-08-2021
    
    Date: 12-08-2021
    Business: Adv Holamagi for plaintiff present.
    Adv Mrs Rawade for defendant / MCGM present and requests for time to file reply to NM. Time is granted till next date.
    Adjd. To 05/10/2021 for NM reply.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 05-10-2021
    
    Date: 05-10-2021
    Business: Adv Holamagi for plaintiff present.
    Plaintiff is also present.
    Adv Mrs Rawade for defendant / MCGM present.
    Plaintiff is directed to tender original NM NO.1855/2019 alongwith affidavit in support till next date.
    Adjd. To 02/12/2021 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 02-12-2021
    
    Date: 02-12-2021
    Business: Adv Sujeet Holamagi h.f. Adv. M.V. Holamgi for Plff present.
    Plff present.
    Adv Mrs Rawade for defendant / MCGM present and requests for time to file reply to NM. Time is granted till next date.
    Plff is directed to tender original Nm No. 1855/2019 along with affidavit in support on next date.
    Earlier order, if any, to continue till next date.
    Matter is adjd to 17/03/2022 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-03-2022
    
    Date: 17-03-2022
    Business: Plaintiff present. Advocate is absent.
    Adv Mrs Rawade for defendant / MCGM is present and seeks time to file reply to NM. Time is granted till next date.
    Earlier order, if any, to continue till next date.
    Adjd. To 23/06/2022 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 23-06-2022
    
    Date: 23-06-2022
    Business: Plaintiff is present, his advocate is absent.
    Adv. Mrs. Rawade for defendant/ MCGM is present and requested time to file reply on N/M. Time is granted till next date.
    Plaintiff is directed to tender original N/M No. 1855/2019 on next date.
    Earlier order, if any, to continue till next date.
    Adjd. to 25/08/2022 for compliance by plaintiff/ N/M reply.
    L.O.
    Adv. Holamagi for plaintiff present.
    Already adjd. to 25/08/2022 for compliance by plaintiff/ N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 25-08-2022
    
    Date: 25-08-2022
    Business: Adv. Holamagi for plaintiff present, son of plaintiff present.
    Adv. Mrs. Rawade for defendant/ MCGM is present and requested time to file reply on N/M. Time is granted till next date.
    Plaintiff is directed to tender original N/M No. 1855/2019 on next date.
    Earlier order, if any, to continue till next date.
    Adjd. to 06/10/2022 for compliance by plaintiff/ N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 06-10-2022
    
    Date: 06-10-2022
    Business: Adv. Holamagi for plaintiff present.
    Adv. Mrs. Rawade for defendant/ BMC is present and requested time to file reply to N/M. Time is granted till next date.
    Plaintiff is directed to tender the original N/M No.1855/2019 till next date.
    Earlier order, if any, to continue till next date.
    Adjd. to 01/12/2022 for compliance by plaintiff and N/M reply.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 01-12-2022
    
    Date: 01-12-2022
    Business: Adv. Holamagi for plaintiff present.
    None for Defendants.
    Earlier order, if any, to continue till next date.
    Adjd. to 2/2/2023 for compliance by plaintiff and N/M reply.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 02-02-2023
    
    Date: 02-02-2023
    Business: Adv. Holamagi for plaintiff present and submitted that original N/M has been stolen from my office and he has to reconstruct the N/M. Hence, time is granted.
    Adv. Mrs. Chavan h/f Adv. Mrs. Rawade for defendant/ BMC is present and requested time to file reply.
    Earlier order, if any, to continue till next date.
    Adjd. to 28/03/2023 for for compliance by plaintiff and N/M reply.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 28-03-2023
    
    Date: 28-03-2023
    Business: CORAM  H. H. J. SHRI A. G. SANTANI (COURT ROOM No.11) IN-CHARGE OF COURT ROOM No.4
    Matter pertains to C.R. No.04.
    Mr. Holamagi, Adv. for plaintiff present
    Mrs. Mhatre, Adv. for BMC present
    Earlier order, if any, to continue till next date.
    Adjd. to 20/6/2023 for compliance by plaintiff and N/M reply.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 20-06-2023
    
    Date: 20-06-2023
    Business: Advocate Suparna Holamagi h/f Holamagi for plaintiff present and submitted that she will comply the order till next date. Already previous date direction is given to tender NM. However one more last chance is granted.
    Advocate  Mhatre for defendant/BMC present.
    Earlier order, if any, to continue till next date.
    Adjd to 27.06.2023   for  Compliance by plaintiff.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 27-06-2023
    
    Date: 27-06-2023
    Business: Advocate Holamagi for plaintiff present.
    Advocate Mhatre for defendant/BMC present.
    On oral request of Adv. for plaintiff, one more last chance is granted to the plaintiff.
    Earlier order, if any, to continue till next date.
    Adjd to 18.07.2023 for  Compliance for Plaintiff.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 18-07-2023
    
    Date: 18-07-2023
    Business: Advocate Holamagi for plaintiff present and submitted that
    Original NM No. 1855/2019 has been lost and he is going to recast the NM and time is required. Hence, time is granted till next date.
    Advocate Mhatre for defendant/BMC present and seeks time to file reply to NM. Time is granted.
    Earlier order, if any, to continue till next date.
    Adjd 05.10.2023 for NM Reply and comply by plaintiff.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 05-10-2023
    
    Date: 05-10-2023
    Business: Advocate Holamagi for plaintiff present.
    Advocate Mhatre for defendant/BMC present and seeks time to file reply to NM. Time is granted
    Earlier order, if any, to continue till next date.
    Adjd  to 18.01.2024    for  NM Reply
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 18-01-2024
    
    Date: 18-01-2024
    Business: As Court is busy in judgment in Suit No. 1767/17 and other NM Order, Board is discharged, hence matter adjourned.
    Earlier order, if any, to continue till next date.
    Adjd  to 21.03.2024   for NM Reply
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 21-03-2024
    
    Date: 21-03-2024
    Business: Matter pertains to C. R. No. 4
    Advocate Mr. Holamagi for plaintiff present.
    Adv.Mrs. Mhatre for Defendants/BMC present.
    Earlier order, if any, to continue till next date.
    Adjd. to 25/4/2024 for Notice of Motion reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 25-04-2024
    
    Date: 25-04-2024
    Business: As Court is busy in ad-interim hearing, NM Hearing and dictating order in ch/s. hence matter adjourned.
    Earlier order, if any, to continue till next date.
    Adjd  to 04.07.2024     for NM Reply
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 04-07-2024
    
    Date: 04-07-2024
    Business: None present for plaintiff
    Advocate  Metakari   for defendant/BMC present and seeks time to file reply to NM. Time is granted as a last chance as suit is of year 2019 ie five years old.
    Earlier order, if any, to continue till next date.
    Adjd  to 20.08.2024    for NM Reply and service of writ of summons.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 20-08-2024
    
    Date: 20-08-2024
    Business: None present for plaintiff
    Advocate  Metakari  for defendant/BMC present and seeks time to file reply to NM. Time is granted.
    This is DPL Suit, hence matter referred to Maha-Lokadalat on 28.09.2024
    Issue Notice to plaintiff on Court Motion
    Earlier order, if any, to continue till next date.
    Adjd  to   28.09.2024    for Lokadalat
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 28-09-2024
    
    Date: 28-09-2024
    Business: Matter pertain to Court Room No.4
    Plaintiff and advocate absent.
    Adv Sheetal Metkari for MMC/ Defendant (WardN ) present.
    Plaintiff and advocate absent therefore,  matter is not settled.
    Adjd for N/M Hrg  on 12.11.2024.
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-11-2024
    
    Date: 12-11-2024
    Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
    None present for plaintiff
    Advocate Swapnil Bharti  for defendant/BMC present.
    This is DPL Matter and there appears element of settlement. Hence matter referred to Mahalokadalat on 14.12.2024
    plaintiff is directed to remain present on 14.12.2024 before 10.30 am.
    Issue notice to plaintiff for Lokadalat
    Plaintiff to tender NM NO. 1855/2019 till next date
    Adjd  to   14.12.2024  for  Lokadalat
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 14-12-2024
    
    Date: 14-12-2024
    Business: Adv. Swapnil Bharti present for BMC N ward.
    Plaintiff absent. Their counsel is absent. Hence matter could not be settled. Hence matter returned back to the concerned court.
    Adj to 28/01/2025.
    Next Purpose: FOR___________________
    Next Hearing Date: 28-01-2025
    
    Date: 28-01-2025
    Business: Adv. Mr. Holmagi for the plaintiff is present and sought time to tender registered NM. Sufficient time is already granted. Hence, this request is discarded. The plaintiff failed to tender registered NM since 22.04.2019. Hence, it posted for dismissal. He is called upon note that in case of default, further suitable order including vacation of interim relief, would follow. Adv. Mr. Swapnil Bharti for defendant/MCGM is present. Earlier order continue, if any till next date.
    Adjourned for tendering registered NM/NM dismissal/NM reply to 06-02-2025.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 06-02-2025
    
    Date: 06-02-2025
    Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
    Adv. Mr. Sujeet Holamagi h/f Adv. Mr. Holamagi for the plaintiff is present and filed application for time to tender registered NM.  Taken on record. It is marked as Exhibit 2. O- The record shows that sufficient time is already granted to tender the registered NM since 22.04.2019. On last occasion also, the plaintiff sought time to tender this registered NM, but in vain. It seems that after securing the interim relief, the plaintiff is not interested to proceed with the NM. Still, considering the reasons, time is extended to tender registered NM till the next date, subject to payment of costs of
    Rs. 5,000/- ( Rs. Five Thousand) in favour of the DLSA, Mumbai. In default, the suit/NM would stand dismissed. Adv. Mr. Swapnil Bharti  for defendant/MCGM is present. Earlier Order, if any, is continued till next date.
    Adjourned for Costs/Compliance/tendering registered NM/NM dismissal to 27.03.2025.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 27-03-2025
    
    Date: 27-03-2025
    Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
    None present for the plaintiff to comply with the Order of Costs and to proceed with the matter. Hence, the NM is posted for dismissal. Adv. Mr. Swapnil Bharti for defendant/MCGM is present. Earlier Order, if any, is continued till the next date.
    Adjourned for NM dismissal  to 12.06.2025.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 12-06-2025
    
    Date: 12-06-2025
    Business: CORAM : H.H.J. SHRI. R. V. BHAKTA (C.R. No. 06)
    (Matter pertain to C.R. No. 04)
    Adv. Mr. Holamagi for the plaintiff is present. Adv. Ms. Pooja Nagarthawar h/f Adv. Mr. Bharti for defendant/MCGM is present.
    Earlier Order, if any, is continued till the next date.
    Adjourned for NM dismissal to 22.07.2025.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 22-07-2025
    
    Date: 22-07-2025
    Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
    Adv. Mr. Holamagi for the plaintiff is present.
    AAdv. Ms.Rupali Patil for defendant/MCGM is present.
    LD. Adv for plaintiff requested for short time for compliance. Granted strictly as a last chance.
    Adjourned for cost/compliance/tendering register N.M. and dismissed to 20.09.2025.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 20-09-2025
    
    Date: 20-09-2025
    Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
    None present for the plaintiff.
    Adv. Ms. Rupali Patil for defendant/MCGM is present.
    Costs and compliance not done. Last chance granted to the plaintiff. Even registered NM is not filed on record. In the interest of justice chance is granted for compliance or else further order shall be passed.
    Adjourned for Costs/Compliance/tendering registered NM/dismissal to 11.11.2025.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 11-11-2025
    
    Date: 11-11-2025
    Business: CORAM : H.H.J. SHRI. A. K. KALE (C.R. No. 04)
    Adv. Mr. Holamagi for the plaintiff is present.
    Adv. Ms. Rupali Patil for defendant/MCGM is present.
    Costs and compliance not done. Even registered NM is not filed on record.
    In the interest of justice last chance is granted for compliance or else further necessary order shall be passed.
    Earlier Order, if any, is continued till the next date.
    Adjourned for Costs/Compliance/tendering registered NM/dismissal to 20.12.2025
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 20-12-2025
    
    Date: 20-12-2025
    Business: CORAM : H.H.J. SHRI. A. K. KALE (C.R. No. 04)
    None present for the plaintiff.
    Adv. Ms. Rupali Patil for defendant/MCGM is present.
    Adjourned for NM dismissal to 12.02.2026
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 12-02-2026
    
    Date: 12-02-2026
    Business: CORAM : H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
    None present for the plaintiff.
    Adv. Ms. Rupali Patil for defendant/MCGM is present.
    	Plaintiff and his Adv are absent when called repeatedly. It appears, plaintiff is absent since long and failed to take appropriate steps in order to proceed. Even, plaintiff failed to tender registered NM No. 1855/2019 since long. Even, cost imposed by this Court on 06.02.2025 also not paid yet. NM is pending since 2019. More than sufficient opportunity have been grarnted to proceed, but in vain. It shows, he is not keenly interested to proceed. It would not be appropriate to keep it pending for the same stage since long. Thus, NM No. 1855/2019 stands dismissed for want of prosecution and finally disposed of.
    Adjourned for writ of summons to 04.04.2026
    Nature Of Disposal: DISMISSED
    Disposal Date: 12-02-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 105368/2019
    Filing Date: 24-05-2019
    First Hearing Date: 29th July 2019
    Decision Date: 12th February 2026
    Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    12 Feb 2026
    Order Details: Other
    Pdf Text: 55 Dt:12.02.2026
    SU 1070/19
    NM 1855/19
    CORAM : H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
    None present for the plaintiff.
    Adv. Ms. Rupali Patil for defendant/MCGM is present.
    Plaintiff and his Adv are absent when called repeatedly. It
    appears, plaintiff is absent since long and failed to take
    appropriate steps in order to proceed. Even, plaintiff failed to
    tender registered NM No. 1855/2019 since long. Even, cost
    imposed by this Court on 06.02.2025 also not paid yet. NM is
    pending since 2019. More than sufficient opportunity have been
    grarnted to proceed, but in vain. It shows, he is not keenly
    interested to proceed. It would not be appropriate to keep it
    pending for the same stage since long. Thus, NM No. 1855/2019
    stands dismissed for want of prosecution and finally disposed of.
    Adjourned for writ of summons to 04.04.2026
    Judge
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