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NOTICE OF MOTION

Huseini Mohomedbhai VasanwalaVsMCGM And Anr

CNR MHCC0100668820195-COURT 05 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHER
Decision Date: 09th February 2026

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
102432/2019
Registration Date
03 Jul 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: 16-08-2019
    Business: Matter adjd to 27.09.2019 for Reply.
    Next Purpose: REPLY
    Next Hearing Date: 27-09-2019
    
    Date: 27-09-2019
    Business: Adv. Mr. Jay K. Bhatia for plaintiff present and filed registered
    notice of motion no. 2432/2019 alongwith afffidavit in
    support t.o.r.
    As Court is busy in recording evidence in various matter,
    arguments and passing orders hence, board discharged.
    Matter adjd to 16/10/2019 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 16-10-2019
    
    Date: 16-10-2019
    Business: Plaintiff and Adv. absent.
    Adv. Mr. Patil  for defendant/MCGM present.
    As court busy in hrg. argument in other suits, hence board discharged.
    Matter adjd to 29/11/2019 for N/M reply.
    Next Purpose: REPLY
    Next Hearing Date: 29-11-2019
    
    Date: 29-11-2019
    Business: s Court is busy in hearing arguments in Su.775/2012 with
    668/2012, 548/2010, passing orders and misc. work hence,
    board is discharged.
    Matter adjd to 13/12/2019 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 13-12-2019
    
    Date: 13-12-2019
    Business: As  Court is on leave,Hence board is discharged.
     Matter is adjd to 20/01/2020
    Next Purpose: REPLY
    Next Hearing Date: 20-01-2020
    
    Date: 20-01-2020
    Business: Adv. for plaintiff present.
    Adv. Mr. Nandanwar  for the defendant  MCGM Present.
    Mater is adjd to 17/02/2020 for reply
    Next Purpose: REPLY
    Next Hearing Date: 17-02-2020
    
    Date: 17-02-2020
    Business: Adv. Mr. Datta for plaintiff present.
    Adv. Mr. Nandanwar for MCGM/deft present.
    Matter is adjd to  13/03/2020 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 13-03-2020
    
    Date: 13-03-2020
    Business: Adv Vaibhav Kamble for plaintiff present.
    APP Nandanwar for MCGM present.
    As a last chance Matter adjourned for reply to 22.06.2020.
    Next Purpose: REPLY
    Next Hearing Date: 22-06-2020
    
    Date: 22-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPLY
    Next Hearing Date: 03-08-2020
    
    Date: 03-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPLY
    Next Hearing Date: 14-09-2020
    
    Date: 14-09-2020
    Business: coivd-19, adjd
    Next Purpose: REPLY
    Next Hearing Date: 09-10-2020
    
    Date: 09-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPLY
    Next Hearing Date: 09-11-2020
    
    Date: 09-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPLY
    Next Hearing Date: 07-12-2020
    
    Date: 07-12-2020
    Business: None present for plaintiff.
    Adv Nandanwar present for MCGM/defendant.
    Matter adjourned for reply to 08.01.2021.
    Next Purpose: REPLY
    Next Hearing Date: 08-01-2021
    
    Date: 08-01-2021
    Business: None present for plaintiff.
    Adv Nandanwar present for MCGM/defendant.
    Matter adjourned for reply to 29.01.2021.
    Next Purpose: REPLY
    Next Hearing Date: 29-01-2021
    
    Date: 29-01-2021
    Business: None present for plaintiff.
    Adv Nandanwar present for MCGM/defendant.
    Matter adjourned for reply to 24.02.2021.
    Next Purpose: REPLY
    Next Hearing Date: 24-02-2021
    
    Date: 24-02-2021
    Business: None present for plaintiff.
    Adv Nandanwar present for MCGM/defendant.
    Court is busy in another matter hence board discharged.
    Matter adjourned for reply to 15.03.2021.
    Next Purpose: REPLY
    Next Hearing Date: 15-03-2021
    
    Date: 15-03-2021
    Business: None present for plaintiff.
    Adv. Nandanwar present for MCGM/defendant and sought adjournment.
    Matter adjourned for NM reply to 14.06.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 14-06-2021
    
    Date: 14-06-2021
    Business: Due to covid-19 pandemic matter is  adjd. to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 26-07-2021
    
    Date: 26-07-2021
    Business: In view of Office Circular/Order 106/2021 Dt. 14-06-2021 , only urgent matters are taken, hence the remaining board is discharged, Hence matter is adjd. t
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 25-08-2021
    
    Date: 25-08-2021
    Business: As court is busy in dictating order on NM no. 3690/18 in suit no.2209/18 hence remaining board is discharged. Hence, matter is adjourned to 25-10-2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 25-10-2021
    
    Date: 25-10-2021
    Business: None present  for plaintiff.
    Adv. Soraan present for MCGM/defendant.
    As plaintiff and his adv. absent, Matter adjourned for nm reply rejoinder to. 01/12/21.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 01-12-2021
    
    Date: 01-12-2021
    Business: None present for plaintiff.
    Adv. soraan present for MCGM/defendant.
    As plaintiff and his adv. absent, Matter adjourned for nm reply rejoinder to. 03/01/22.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 03-01-2022
    
    Date: 03-01-2022
    Business: None present for plaintiff.
    Adv. Diwate present for MCGM/defendant and sought adjournment for filling reply.
    Matter adjourned for reply to. 04/02/2022.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 04-02-2022
    
    Date: 04-02-2022
    Business: In view of the office order no. 07/2022 dated. 07/01/22 of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06/01/22 of Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge of COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s.
    Matter adjourned.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 09-03-2022
    
    Date: 09-03-2022
    Business: As presiding officer is on leave. Hence, matter is adjourned to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 18-04-2022
    
    Date: 18-04-2022
    Business: H.H.J gone to training programe at Uttan hence, board discharged matter adjd to.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 27-06-2022
    
    Date: 27-06-2022
    Business: The court is busy in orders dictating in Suit No.6123/2003, Suit No.1201/2022 and Suit No. 1821/16 hence, for want of time following board discharged.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 03-08-2022
    
    Date: 03-08-2022
    Business: As court is busy.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 07-09-2022
    
    Date: 07-09-2022
    Business: As presiding officer is on leave. Hence, matter is adjourned to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-10-2022
    
    Date: 17-10-2022
    Business: As presiding officer is on leave. Hence, matter is adjourned to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 04-11-2022
    
    Date: 04-11-2022
    Business: As presiding officer is on leave. Hence, matter is adjourned to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 30-11-2022
    
    Date: 30-11-2022
    Business: None for Plaintiff.
    Adv. Mr. Diwate for MCGM/ defendant  present.
    Matter is adjd for NM order on 05-12-2022
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 05-12-2022
    
    Date: 05-12-2022
    Business: P.O. is on leave.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 18-01-2023
    
    Date: 18-01-2023
    Business: As presiding officer is on leave. Hence, matter is adjourned to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 24-02-2023
    
    Date: 24-02-2023
    Business: As P.O. is on leave in second session. Hence matter adjourned.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-04-2023
    
    Date: 17-04-2023
    Business: None for plaintiff.
    Adv. Patil for MCGM/defendant.
    Matter adjourned for Nm reply 03-07-2023.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 03-07-2023
    
    Date: 03-07-2023
    Business: None for Plaintiff.
    Adv. Pradip Patil for MCGM present.
    On oral request of Ld. Adv. For defendant matter is adjourned.
    Matter is adjd to 23.08.2023 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 23-08-2023
    
    Date: 23-08-2023
    Business: None for Plaintiff.
    Adv. Pradip Patil for MCGM present.
    On oral request of Ld. Adv. For defendant matter is adjourned.
    Matter is adjd  to 18.09.2023 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 18-09-2023
    
    Date: 18-09-2023
    Business: None for Plaintiff.
    Adv. Pradip Patil for MCGM present.
    On oral request of Ld. Adv. For defendant matter is adjourned.
    Matter is adjd  to  27.10.2023 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 27-10-2023
    
    Date: 27-10-2023
    Business: None for Plaintiff.
    Adv. Pradip Patil for MCGM present.
    On oral request of Ld. Adv. For defendant matter is adjourned.
    Matter is adjd  to 06.12.2023 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 06-12-2023
    
    Date: 06-12-2023
    Business: None for Plaintiff.
    Adv. Pradip Patil for MCGM present.
    On oral request of Ld. Adv. For defendant matter is adjourned.
    Matter is adjd  to 15.01.2024 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 15-01-2024
    
    Date: 15-01-2024
    Business: None for Plaintiff.
    Adv. Pradip Patil for MCGM present.
    On oral request of Ld. Adv. For defendant matter is adjourned.
    Matter is adjd  to 14.02.2024 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 14-02-2024
    
    Date: 14-02-2024
    Business: None for Plaintiff.
    Adv. Pradip Patil for MCGM present.
    On oral request of Ld. Adv. For defendant matter is adjourned.
    Matter is adjd  to 05.04.2024 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 05-04-2024
    
    Date: 05-04-2024
    Business: Adv. J. S. Yadav h/f Adv. B. P. Shukla for Plaintiff present.
    Adv. Pradeep Patil for MCGM present.
    On oral request of Ld. Adv. For defendant matter is adjourned.
    Matter is adjd to 21.06.2024 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 21-06-2024
    
    Date: 21-06-2024
    Business: None for Plaintiff.
    Adv. Nandanwar for MCGM present.
    On the request of advocate for MCGM matter is adjourned.
    Matter is adjd  to 29-07-2024  for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 29-07-2024
    
    Date: 21-06-2024
    Business: None for Plaintiff.
    Adv. Nandanwar for MCGM present.
    On the request of advocate for MCGM matter is adjourned.
    Matter is adjd  to 29-07-2024  for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 29-07-2024
    
    Date: 29-07-2024
    Business: None for Plaintiff.
    Adv. A. K. Nandanwar for MCGM present.
    Ld. Adv. for MCGM has filed affidavit in reply cum written statement. Taken on record and marked at Exh.6. O- R and R.  Copy be served to other side.
    Matter is adjd to 23.08.2024 for NM hearing.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 23-08-2024
    
    Date: 23-08-2024
    Business: None for Plaintiff.
    Adv. Nandanwar present for defendant/MCGM and submitted that reply is already tendered on record. Hence, matter be kept of  NM hearing.
    Matter is adjd to 07.10.2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-10-2024
    
    Date: 07-10-2024
    Business: None for Plaintiff.
    Adv. G. V. Jawale for MCGM present.
    Matter is adjd  to 27.11.2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-11-2024
    
    Date: 27-11-2024
    Business: P.O. is on leave
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-02-2025
    
    Date: 05-02-2025
    Business: None for Plaintiff.
    Adv. Nandanwar for Deft/MCGM present.
    Matter is adjd  to  10-03-2025   for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-03-2025
    
    Date: 10-03-2025
    Business: None for Plaintiff.
    Adv. A. K. Nandanwar for MCGM/Defendant present.
    The plaintiff is directed to tender registered NM No. 2432/2019 on or before next date.
    Matter is adjd to 09.06.2025 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-06-2025
    
    Date: 09-06-2025
    Business: None for Plaintiff.
    Adv. A. K. Nandanwar for MCGM/Defendant present.
    Matter is adjd to 27.06.2025 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-06-2025
    
    Date: 27-06-2025
    Business: None for Plaintiff.
    Adv. A. K. Nandanwar for MCGM/Defendant present
    Matter is adjd  to 12.09.2025 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-09-2025
    
    Date: 12-09-2025
    Business: None for Plaintiff.
    Adv. A. K. Nandanwar for MCGM/Defendant present.
    Matter is adjd to 03.10.2025 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-10-2025
    
    Date: 03-10-2025
    Business: None for Plaintiff.
    Adv. A. K. Nandanwar for MCGM/Defendant present.
    Matter is adjd  to 10.12.2025 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-12-2025
    
    Date: 10-12-2025
    Business: None for Plaintiff.
    Adv. A. K. Nandanwar for MCGM/Defendant present.
       NM No. 2432/19 is pending since long but plaintiff has failed to proceed with. Hence, notice of motion be kept for dismissal order on next date.
    Matter is adjd  to 09.02.2026 for NM dismissal.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 09-02-2026
    
    Date: 09-02-2026
    Business: None for Plaintiff.
    Adv. A. K. Nandanwar for MCGM/Defendant present.
    Order below Exh. 1
        From the record it seems that plaintiff has challenge the notice issued by the defendant/MCGM under section 351 of the MMC Act 1888 and by way of filing notice of motion sought the relief of ad-interim injunction. However, by order dated 28.06.2019, the predecessor of this court has rejected the prayer of ad-interim injunction for the reason that Section 41(d) of Specific Relief Act says that an injunction cannot be granted to restrain any person from instituting or prosecuting any proceeding in a criminal matter. The said order has been challenged by the plaintiff before the Honble High Court in A. O. No. 707/2019 wherein the impugned notice dated 11.03.2019 and speaking order dated 14.06.2019 are quashed and set aside by the Honble High Court. Therefore, when the impugned notice and speaking order are set aside, I think there is no point to continue with the proceeding of present suit, so accordingly, in the result following order is passed -
    ORDER
    1. L. C. Suit No. 1580/2019 is hereby disposed of cum withdrawn for the reason of setting aside of impugned notice and speaking order.
    2. In view of disposal of suit, NM No. 2432/2019 does not survive so,  stands disposed of.
    3. Bill of cost be drawn up accordingly.
    Nature Of Disposal: OTHER
    Disposal Date: 09-02-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 107195/2019
    Filing Date: 03-07-2019
    First Hearing Date: 16th August 2019
    Decision Date: 09th February 2026
    Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    09 Feb 2026

    Order Details: Other Pdf Text: 70 09.02.2026 CORAM: SHRI R. S. ARADHYE ADDL. SESSIONS JUDGE C.R.NO.5 SU. 1580/19 NM 2432/19 None for Plaintiff. Adv. A. K. Nandanwar for MCGM/Defendant present. Order below Exh. 1 From the record it seems that plaintiff has challenged the notice issued by the defendant/MCGM under section 351 of the MMC Act 1888 and by way of filing notice of motion sought the relief of ad- interim injunction. However, by order dated 28.06.2019, the predecessor of…

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