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NOTICE OF MOTION

Narayan Jagannath PatilVsDevidas Jagannath Patil And Ors

CNR MHCC01006578201912-COURT 12 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
PENDING

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
102388/2019
Registration Date
29 Jun 2019
Next Hearing Date
29 Sept 2026
Case Stage
WRITTEN STATEMENT

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: 29-06-2019
    Business: The court is on leave
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 27-08-2019
    
    Date: 27-08-2019
    Business: As the court is busy in dictating Judgement in NDPS Spl Case No.181 of 2014 and NM order in Suit No.1738/11 and 5290/12. Hence, board is discharged.
    Matter stands Adj to 10/10/2019 for NM reply.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 10-10-2019
    
    Date: 10-10-2019
    Business: Adv. Sanjana Yadav for plaintiff present and tendered original NM no. 2388/19 and rejoinder in Nm no. 2388/19. Copy served on other side.
    Adv. S.R. Singh for defendant present.
    Matter stands Adj for NM hearing to 03.12.19.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-12-2019
    
    Date: 03-12-2019
    Business: Adv. Yadav  for plaintiff present.
    None present for defendant.
    Matter stands Adj for NM hearing to 30.01.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-01-2020
    
    Date: 30-01-2020
    Business: Court is busy in dictating Judgment in Commercial suit no. 49/20 and 23/20. Hence, board is discharged.
    Matter stands Adj for hearing on NM to 13.03.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-03-2020
    
    Date: 13-03-2020
    Business: None present for plaintiff.
    Adv. S. R. Singh for defendant present and submitted that he has filed his reply to NM. No documentary proof is produced by the plaintiff to make out a case against the defendant. Plaintiff and counsel are absent. Heard Ld. counsel for defendant on NM no. 2388/19
    Matter stands Adj for Order on NM no. 2388/19 to 03.04.2020.
    Next Purpose: ORDER
    Next Hearing Date: 03-04-2020
    
    Date: 03-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: ORDER
    Next Hearing Date: 17-04-2020
    
    Date: 17-04-2020
    Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 77 of 2020 matter adjourned.
    Next Purpose: ORDER
    Next Hearing Date: 06-05-2020
    
    Date: 06-05-2020
    Business: In view of declaration of Novel Corona Virus(COVID-19) as global pandemic by WHO and as per office order No. 77 of 2020, matter adjourned.
    Next Purpose: ORDER
    Next Hearing Date: 28-05-2020
    
    Date: 28-05-2020
    Business: In view 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: ORDER
    Next Hearing Date: 15-06-2020
    
    Date: 15-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: ORDER
    Next Hearing Date: 09-07-2020
    
    Date: 09-07-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: ORDER
    Next Hearing Date: 18-08-2020
    
    Date: 18-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: ORDER
    Next Hearing Date: 30-09-2020
    
    Date: 30-09-2020
    Business: None present for plaintiff and defendant.
    Court is busy in dictating order in st. no. 4542/20.
    Hence, Matter stands Adj for order to 22.10.2020
    Next Purpose: ORDER
    Next Hearing Date: 22-10-2020
    
    Date: 22-10-2020
    Business: None present for plaintiff and defendant.
    Court is busy in hearing other urgent matters.
    Matter stands Adj for Order to 11.11.2020.
    Next Purpose: ORDER
    Next Hearing Date: 11-11-2020
    
    Date: 11-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: ORDER
    Next Hearing Date: 07-12-2020
    
    Date: 07-12-2020
    Business: None present for plaintiff and defendant.
    Court is busy in hearing other urgent matters.
    Matter stands Adj for Order to 08.01.2021.
    Next Purpose: ORDER
    Next Hearing Date: 08-01-2021
    
    Date: 08-01-2021
    Business: None present.
    It appears after hearing advocate for Defendant the case was adjourned for order on NM by my Predecessor.  Considering that NM was not heard by me, the case is adjourned for NM hearing.
    The case is adjourned to 12.02.2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-02-2021
    
    Date: 12-02-2021
    Business: Advocate Surendra Yadav for plaintiff present.
    None for defendant.
    KB
    LO at 4.07 pm,
    Same appearance.
    The case is adjourned to 05.03.2021  for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-03-2021
    
    Date: 05-03-2021
    Business: As Court is busy in hearing Notice of Motion in SU No.7603/89 the board is discharged.
    The case is adjourned to 19.04.2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-04-2021
    
    Date: 19-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-07-2021
    
    Date: 09-07-2021
    Business: Court is vacant
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-09-2021
    
    Date: 21-09-2021
    Business: Matter called out at 03.38 p.m.
    Adv. Surendra Yadav for plaintiff present.
    He tendered draft NM.
    Leave granted to register.
    He is directed to serve the defendants.
    Draft NM handed over to the plaintiff for registration.
    None present for defendant.
    Matter stands adjourned to 28.10.2021 for NM reply and hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-10-2021
    
    Date: 28-10-2021
    Business: Matter called out at 3.21 p.m.
    Adv. J. R. Singh for Deft. No.1, 2 and 3 present.  He tendered documents as per list in NM No.2388/19.
    O-Seen and filed.
    He undertakes to supply copy to the plaintiff.
    Matter stands adjourned to 10.12.2021 for NM hearing.
    Later on at 3.45 p.n.
    Adv. Sanjana Yadav h/f Surrendra Yadav for plaintiff present.
    She tendered registered CS. No.1484/21. TOR.
    Already adjourned to 10.12.2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-12-2021
    
    Date: 10-12-2021
    Business: Matter called out at 4.03 p.m.
    Adv. Saurabh Desai h/f Surendra Yadav for Plaintiff present.
    None present for defendant.
    Matter stands adjourned to 11.02.2022 for NM  hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-02-2022
    
    Date: 11-02-2022
    Business: Adv. Saurabh Desai h/f Adv Surendra Yadav for plaintiff present.
    He tendered affidavit of service in CS No.1484/21. TOR.
    None present for defendant.
    Matter stands adjourned to 06.04.2022 for NM/CS hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-04-2022
    
    Date: 06-04-2022
    Business: Matter mentioned at 2.55 p.m.
    Adv. Surendra Yadav for plaintiff present.
    Adv. S. R. Singh for Deft. No.1 and 3 present.
    By consent, matter stands adjourned to 29.06.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-06-2022
    
    Date: 29-06-2022
    Business: Court is on Leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-08-2022
    
    Date: 25-08-2022
    Business: None present.
    Matter stands adjourned to 22.11.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-11-2022
    
    Date: 22-11-2022
    Business: Adv. Surendra Yadav for plaintiff present.
    None present for defendant.
    Heard advocate for plaintiff on CS no.1484/2021. The plaintiff has filed service affidavit in CS on 11.02.2022 and on the next date i.e. 06.04.2022, the advocate for Deft. no.1 to 3 were present. The defendants did not file reply to the CS. The averments of plaint shows that the plaintiff is claiming 1/4th share and from the prayer clause (a) it seems that the plaintiff is claiming right in entire suit property. Advocate for plaintiff submitted that the plaintiff is claiming only 1/4th share and it was inadvertently remained to be mentioned in the plaint in many place. Thus, he want to add the contention regarding his right restricted to 1/4th share in the suit property. Considering his submission and on perusal of record, the proposed amendment may not change the nature of the suit. The trial is yet to commence.
    Thus, I pass the following order.
    CS No.1484/21 is allowed in terms of prayer.
    Plaintiff to carry out necessary amendments within a period of 14 days from the date of order as per the given schedule.
    Costs in cause.
    CS No.1484/2021 disposed of accordingly.
    Matter stands adjourned to 24.01.2023 for compliance/NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-01-2023
    
    Date: 24-01-2023
    Business: None for plaintiff.
    Adv. S. R. Singh for defendant Nos. 1 to 3 present. He submitted that defendant No. 2 has died. Plaintiff to take steps.
    Compliance of order passed in CS No. 1484/21 is done.
    Matter stands adjourned on 23.03.2023 for steps.
    Later on at 4.30 p.m.
    Adv. Sunil Rajbhar h/f Adv. Surendra Yadav for plaintiff present. He
    tendered affidavit of service in CS No. 1484/21. TOR.
    Already matter stands adjourned on 23.03.2023 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 23-03-2023
    
    Date: 23-03-2023
    Business: Court is on Leave.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 26-06-2023
    
    Date: 26-06-2023
    Business: Adv C. B. Yadav i/ b Surendra Yadav for Plaintiff present and seeking time for taking steps. Time granted.
    None for defendant present.
    Matter stands adjourned on 17-08-2023 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 17-08-2023
    
    Date: 17-08-2023
    Business: As court is on leave, matter adjourned.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 19-10-2023
    
    Date: 19-10-2023
    Business: Adv Sunil R. h/f Adv Surendra Yadav present for Plaintiff and seeks time for steps. O- granted as last chance.
    None present for Defendant.
    Matter stands adjourned on 08-01-2024 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 08-01-2024
    
    Date: 08-01-2024
    Business: Both parties absent.
    Matter stands adjourned on 05-03-2024 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 05-03-2024
    
    Date: 05-03-2024
    Business: Adv. S. R. Yadav for Plaintiff present and seeks time.
    Adv. Satyendra Singh for defendant present.
    Matter stands adjourned on 26-04-2024 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 26-04-2024
    
    Date: 26-04-2024
    Business: Adv. Sunil Rajbhar h/f Adv. Surendra Yadav for Plaintiff present.
    None for defendant present.
    The Ld advocate for the plaintiff submits that the name and details of legal heirs of defendant no. 2 are not known and he has filed application for provide the name and details of legal heirs of defendant no. 2. TOR and marked as Exh. 3. O - application allowed.
    The Ld advocate for the defendant no. 2 is directed to provide the name of details of Legal heirs of defendant no. 2.
    Plaintiff is directed to tender registered notice of motion on record on or before next date other wise notice of motion will be disposed off.
    Matter stands adjourned on 11.06.2024 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 11-06-2024
    
    Date: 11-06-2024
    Business: P. O. is on leave.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 08-08-2024
    
    Date: 08-08-2024
    Business: Adv. Sunil h/f Adv. Surendra Yadav for Plaintiff present.
    Adv. S. R. Singh for defendants present.
    The Ld. Adv. for defendant no. 2 is directed to provide the name and details of legal heirs of defendant no. 2 on next date without fail.
    Matter stands adjourned on 19-09-2024 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 19-09-2024
    
    Date: 19-09-2024
    Business: Adv. Sumit Rajbhar h/f Adv. Surendra Yadav for plaintiff present.
    None for defendant present.
    Defendant is directed to provide legal heairs of defendants to plaintiff on next date without fail.
    Matter stands adjourned on 08-11-2024 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 08-11-2024
    
    Date: 08-11-2024
    Business: Adv. Surendra Yadav for Plaintiff present.
    None for defendant present.
    The roznama indicates that despite of specific directions from the Court to the defendants to provide the name of legal heirs of defendant no. 2 to the plaintiff, they failed to furnish the details. Hence, issue notice to the defendant Nos. 1 and 3 through R.P.A.D. for their presence before this Court on Court Motion.
    Matter stands adjourned on 17-01-2025 for report.
    Next Purpose: REPORT
    Next Hearing Date: 17-01-2025
    
    Date: 17-01-2025
    Business: P.O. is on Leave.
    Next Purpose: REPORT
    Next Hearing Date: 26-03-2025
    
    Date: 26-03-2025
    Business: P.O. is on Leave.
    Next Purpose: REPORT
    Next Hearing Date: 02-05-2025
    
    Date: 02-05-2025
    Business: CORAM - H.H.J. SMT. A. B. SHARMA (CR. 03)
    Advocate Sunil Rajbhar h/f Advocate Yadav for Plaintiff present Plaintiff tendered draft Ch/s a/w affidavit in support. TOR. O-Leave is granted to register draft Ch/s. Copy of Draft Chamber Summons handed over to party for registration. Copy be served to the other side.
    The Plaintiff is directed to file the registered Ch/s on next date without fail, otherwise Ch/s will be dismissed.
    None for defendant present.
    Notice along with acknowledgment receipt of defendant No. 3 is shown notice served. of t.o.r. and marked as Exh.4.
    Matter stands adjourned on 05-07-2025 for report/CS service.
    Next Purpose: SERVICE
    Next Hearing Date: 05-07-2025
    
    Date: 05-07-2025
    Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
    None for Plaintiff present.
    Advocate S.R. Singh for defendants No.1 and 3 present.
    The plaintiff failed to tender registered Chamber Summons hence kept for necessary order.
    Matter stands adjourned to 18.10.2025 for order.
    Next Purpose: ORDER
    Next Hearing Date: 18-10-2025
    
    Date: 18-10-2025
    Business: None for Plaintiff present.
    Advocate S. R. Singh for defendants present.
    Late on at 3.02 p.m.
    Advocate Abhishek Yadav holding for Advocate Surendra Yadav for plaintiff present and tendered application at Exhibit-05. seeking time to get chamber summons registered. considering nature of the suit, i.e. for partition, no prejudice will cause to other side if it is allowed. Accordingly draft Chamber Summons filed on record on 02.05.2025 is allowed as prayed. Accordingly the plaintiff to carry out necessary amendment within 14 days of the order and serve amended plaint with document upon newly added defendant Nos. 2 (a) to (c). Thus draft Chamber Summons stands disposed of. It be registered for statistical purpose on or before next date. Accordingly application at Exh.5 stands disposed of. Record further shows that defendant Nos. 1 to 3 filed Vakalatnama at Exh.2, but failed to file Written Statement. Hence, suit is proceeded without Written Statement of defendant nos. 1 and 3.
    Matter stands adjourned for affidavit of service/compliance to 26-
    03-2026.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 30-10-2025
    
    Date: 30-10-2025
    Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
    By Praecipe matter taken on board. Marked at Exh.6.
    Advocate S. R. Yadav for Plaintiff present. He also filed application at Exh.7. Considering contents of application at Exh.7 the matter is taken on board and the plaintiff is permitted to carry out amendment within 14 days. The presence of plaintiff stands dispensed with.
    Matter stands already adjourned for compliance to 26-03-2026.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 26-03-2026
    
    Date: 26-03-2026
    Business: CORAM - H.H.J. SHRI. S. M. BUKKE (CR. 03)
    Advocate  for Plaintiff present and seeking time to compliance.
    None for defendant present.
    Matter stands adjourned for compliance to 05-05-2026.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 05-05-2026
    
    Date: 05-05-2026
    Business: CORAM - H.H.J. SHRI. S. M. BUKKE (CR. 03)
    None present.
    Matter stands adjourned for compliance to 04-07-2026.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 04-07-2026
    
    Date: 04-07-2026
    Business: CORAM - H.H.J. SHRI. S. M. BUKKE (CR. 03)
    Advocate Surendra Yadav for Plaintiff present and seeking time for compliance.
    None for defendant present.
    Matter stands adjourned for compliance to 01-08-2026.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 01-08-2026
    
    Date: 01-08-2026
    Business: PO IS ATTENDITNG ORIENTATION TRAINING.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 19-08-2026
    
    Date: 01-08-2026
    Business: PO IS ATTENDITNG ORIENTATION TRAINING.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 19-08-2026
    
    Date: 19-08-2026
    Business: Adv. Kavita Gupta  h/f Adv. Surendra Yadav for the plaintiff is present.
    Plaintiff tendered copy of the amended plaint.
    Matter adjourned for Additional Written summons to 29/09/2026.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 29-09-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 107096/2019
    Filing Date: 29-06-2019
    First Hearing Date: 29th June 2019
    Court Number And Judge: 12-COURT 12  ADDL SESSIONS JUDGE

    Orders

    0

    No order text is available in this record.

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