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
1For Petitioner
For Respondent
Not available
Parties
2Petitioner
Respondent
Acts & Sections
1Protection 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
1Final Order 112 Feb 2026
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 -- 1 of 1 --
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