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NOTICE OF MOTION

Radhabai Rajaram BitlingVsSerafine Joseph Godinho And Ors

CNR MHCC0100681120188-COURT 08 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
PENDING

TrustJury record updated 13 Sept 2026

Case Overview

Registration Number
102106/2018
Registration Date
08 Jun 2018
Next Hearing Date
17 Sept 2026
Case Stage
NM FOR DISMISSAL

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: 05-07-2018
    Reason For Adjournment: court time is over
    Next Purpose: SERVICE
    Next Hearing Date: 23-08-2018
    
    Date: 23-08-2018
    Reason For Adjournment: court time is over
    Next Purpose: SERVICE
    Next Hearing Date: 19-11-2018
    
    Date: 19-11-2018
    Reason For Adjournment: court time is over
    Next Purpose: SERVICE
    Next Hearing Date: 13-12-2018
    
    Date: 13-12-2018
    Reason For Adjournment: court time is over
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 14-02-2019
    
    Date: 14-02-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 20-04-2019
    
    Date: 20-04-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 24-06-2019
    
    Date: 24-06-2019
    Business: As the court is busy in other matters on board. Hence, board is discharged.
    Matter is adjd. to 17.09.2019.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-09-2019
    
    Date: 17-09-2019
    Business: Adv. Chaudhari for the Plaintiff present.
    Adv. Vinayak Tare h/f Kandekar for Defendant present.
    None present  for applicant in Ch/s.
    Adv for the Plaintiff seeks adjournment for filing reply. Granted.
    Matter is adjd. to 13.12.2019 for reply to Ch/s.
    LO
    Adv. Rane for applicant in Ch/s present.
    Original registered Ch/s No 1096/19 alongwith affidavit in support tendered applicant in Ch/s. t.o.r.
    Already matter adjd to 13.12.2019.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 13-12-2019
    
    Date: 13-12-2019
    Business: Adv. Suresh Mali  for Plaintiff is present. He submitted that reply is ready but not affirmed as the client in resident of  Hydrabad. O Granted as a last chance. Un-affirmed copy of reply is served on adv. of applicant in Ch/S.
    Adv. Satamkar for Defendant no. 4and 5 is  present.
    Adv. Yoghesh Rane  for  applicant in Ch 1096/19 is  present.
    Matter is adjd. for Ch/S reply  to 14/01/2020.
    Next Purpose: C/S REPLY
    Next Hearing Date: 14-01-2020
    
    Date: 14-01-2020
    Business: Adv. Vishnu Choudhari for Plaintiff is present.   He filed reply to Chamber Summons NO.1096/2019
    Adv. Rishita Ohol for defendant no. is present. She seeks time for tendering Rejoinder.  O- Granted.
    Adv. Kandekar for defendant no.5  is present.
    Adv. for defendant no. is present.
    Matter is adjd.  for rejoinder / chamber summons hearing to  13.03.2020.
    Next Purpose: C/S REPLY
    Next Hearing Date: 13-03-2020
    
    Date: 13-03-2020
    Reason For Adjournment: court time is over
    Next Purpose: C/S REPLY
    Next Hearing Date: 26-06-2020
    
    Date: 26-06-2020
    Business: national lock down
    Next Purpose: C/S REPLY
    Next Hearing Date: 02-11-2020
    
    Date: 02-11-2020
    Next Purpose: C/S REPLY
    Next Hearing Date: 18-02-2021
    
    Date: 18-02-2021
    Business: Adv. Mali for the plaintiff.
    Adv. Ms. Owhal for the applicant.
    Adv. Mr. Kandekar for the defendant No.5.
    Rejoinder filed by advocate for the applicant. t.o.r.
    Matter is adjd. to 21/04/2021 for Ch/s hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 21-04-2021
    
    Date: 21-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: C/S  HEARING
    Next Hearing Date: 02-07-2021
    
    Date: 02-07-2021
    Business: Due to COVID-19 pandemic.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 06-08-2021
    
    Date: 06-08-2021
    Business: Court is on leave.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 23-09-2021
    
    Date: 23-09-2021
    Business: None for plaintiff.
    Adv.Yogesh rane for application in Ch/s No/1096/21  present.
    Adv. Darshan Jain for defendant present.
    P.O. is busy in dictating judgment in Suit No.2183/16 and order in Suit No. 2378/17. Hence Matter is adjd. to 14-12-2021.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 14-12-2021
    
    Date: 14-12-2021
    Business: Adv. S. K. Mali for plaintiff present.
    Adv. Pathak h/f Adv. Kandekar for defendant No. 5/MHADA present.
    Matter is adjd. to 31/01/2022 for C/S hrg.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 31-01-2022
    
    Date: 31-01-2022
    Business: Due to SOP only urgent matters are taken up.
    Matter is adjd. to 04.04.2022 for CS hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 04-04-2022
    
    Date: 04-04-2022
    Business: Adv. Suresh mali present  for plaintiff.
    Adv. Preshita For applicant in chs. and sought adjournment.
    None present for defendant 01 to 03.
    Adv. Pathak hf adv. Kandekar present for defendant 04 and 05/MHADA.
    Matter adjourned for cs hrg. and nm To 26/04/22.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 26-04-2022
    
    Date: 26-04-2022
    Business: None present for plaintiff.
    Adv. Ms. Rashita Ohod for applicant in Ch/s is present and sought adjournment.
    Adv. Mr. Pathak h/f Adv. Kandekar for defendant No.4/MHADA is present.
    None present for other defendants.
    Matter adjourned for Ch/s hearing to 27.06.2022.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 27-06-2022
    
    Date: 27-06-2022
    Business: Advocate Suresh Mali present for plaintiff.
    Advocate Yogesh Rane present for Chs no.1096/16.
    Advocate Pathak h/f Kandekar present for defendant/MHADA.
    Heard arguments of Advocate for applicant in Chs no.1096/19.
    Matter adjourned for argument of plaintiff on Chs no.1096/19 to 04.07.2022.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 04-07-2022
    
    Date: 04-07-2022
    Business: None present for plaintiff.
    Adv Pathak h/f Adv Kandekar present for defendant no. 04 & 05/MHADA.
    None present for other defendants.
    As plaintiff and his Adv are absent.
    Matter adjourned for argument of plaintiff Chamber Summons no.1096 of 19/Order to 19.07.2022.
    LO at 3.29 pm
    Adv Suresh Mali present for Plaintiff.
    Adv Preshika present for applicant in Chamber Summons.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 19-07-2022
    
    Date: 19-07-2022
    Business: Adv. Mali present for plaintiff and sought adjournment for argument on chs.
    Adv. Pathak hf adv. Kandekar present for defendant no. 04 and 05/MHADA.
    None present for other defendants.
    Matter adjourned for arguments of plaintiff on chs. To 28/07/22.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 28-07-2022
    
    Date: 28-07-2022
    Business: Adv. Mali present for plaintiff.
    Adv. Pathak hf adv. Kandekar present for defendant/MHADA.
    Adv. Preshita Ohod present for applicant in chs .
    None present for other defendants.
    By consent, Matter adjourned for cs hearing to 02/08/22.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 02-08-2022
    
    Date: 02-08-2022
    Business: Adv. Bhagyesri Dhamapurkar present for the applicants in chs. 1096/2019.
    None present for plaintiff.
    None present for defendant.
    From the record it appears that, Inspite of just opportunity, plaintiff failed to advanced his arguments on chs. 1096/2019 hence, Matter adjourned for hearing/order on chs to 11/08/22.
    l.o. at 03.18 pm..
    Adv. Mali present for the plaintiff.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 11-08-2022
    
    Date: 11-08-2022
    Business: As p.o. is on leave, matter is adjd. to
    Next Purpose: C/S  HEARING
    Next Hearing Date: 30-08-2022
    
    Date: 30-08-2022
    Business: Adv. Mali present for plaintiff.
    Adv. Preshita ohod present for applicants in chs.
    Adv. Pathak hf adv. Kandekar present for defendant/MHADA.
    As court is busy in hearing arguments in another matter i.e . suit no. 3222/18 ( Hon\''ble Bombay H.C. Expedited), Hence,
    Matter adjourned for nm hearing to 12/09/22.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-09-2022
    
    Date: 12-09-2022
    Business: Adv. Mali present for plaintiff.
    Adv. Preshita Ohod present for applicant in chs.
    Adv. Pathak hf adv. Kandekar present for defendant/MHADA.
    Heard arguments of ld. Adv. For plaintiff on chs. no. 1096/2019.
    Matter adjourned for order on chs no. 1096/2019 to 20/09/22.
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 20-09-2022
    
    Date: 20-09-2022
    Business: Adv. Vishnu chaudhari present for plaintiff.
    Adv. Pathak hf adv. Kandekar present for defendant/MHADA.
    None present for applicants in chs.
    As court is busy in dictating order on cs 1005/22 and cs no. 1006/22. in suit no. 936/2017 and hearing arguments in other matters. Hence, Matter adjourned for order on chs. no. 1096/2019 to 26/09/22.
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 26-09-2022
    
    Date: 26-09-2022
    Business: Adv. Vishnu chaudhari present for plaintiff.
    Adv. Pathak hf adv. Kandekar present for defendant/MHADA.
    F.R.S.R. following order is passed on Chamber Summons No. 1096/2019.
                                ORDER
    1) Chamber Summons No. 1096/2019 is made absolute.
    2) Plaintiff shall join the applicant as defendant no. 06 to the suit by carrying out necessary amendment to the plaint from the date of this order.
    2) Chamber Summons No. 1096/2019 is disposed off accordingly.
    Matter adjourned for  compliance to 18/10/22.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 18-10-2022
    
    Date: 18-10-2022
    Business: Adv. Suresh Mali present for plaintiff and sought extension of time for carrying out the amendment as per order in chamber summons no. 1096/2019.
    None present for defendants.
    Order- O- Time to carry out amendment as per order in chamber summons no. 1906/2019 is enlarged for a period of three weeks from the date of this order.
    Matter adjourned for compliance to 17/11/22.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 17-11-2022
    
    Date: 17-11-2022
    Business: Adv Suresh Mali present for plaintiff and submitted that order in Chamber Summons no. 1096/2019 is complied and sought time for service of amended plaint to newly added defendant no. 06 and other defendants.
    Adv Pathak present for defendant no. 04 & 05/MHADA.
    Issue writ of summons to the newly added defendants as per rules.
    Matter adjourned for service of writ of summons and amended copy of plaint to 13.12.2022.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 13-12-2022
    
    Date: 13-12-2022
    Business: None present for plaintiff.
    Adv Pathak h/f Adv Kandekar present for defendant nos. 04 & 05.
    None present for other defendants.
    Matter adjourned for service of writ of summons to newly added defendant and production of amended copy of plaint to 27.01.2023.
    Next Purpose: SERVICE
    Next Hearing Date: 27-01-2023
    
    Date: 27-01-2023
    Business: None present for plaintiff.
    Adv. Harishta darji hf adv. Kandekar present for defendant no. 04 and 05/MHADA.
    None present for other defendants.
    As plaintiff and his adv. are absent, Matter adjourned for service of writ of summons/proof of service to newly added defendant and for amended copy of plaint to 02-03-23.
    Next Purpose: SERVICE
    Next Hearing Date: 02-03-2023
    
    Date: 02-03-2023
    Business: As P.O. is on leave, Matter is adjourned.
    Next Purpose: SERVICE
    Next Hearing Date: 01-04-2023
    
    Date: 01-04-2023
    Business: None present for plaintiff.
    None present for defendants.
    As both the parties and their advocates are absent, Matter adjourned for service to 06/06/23
    Next Purpose: SERVICE
    Next Hearing Date: 06-06-2023
    
    Date: 06-06-2023
    Business: None present for plaintiff.
    None present for defendant.
    Matter adjourned for Steps to 19.07.2023.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 19-07-2023
    
    Date: 19-07-2023
    Business: Adv. Suresh Mali  present for plaintiff and tendered amended copy of plaint.
    Advocate for plaintiff tendered application for service of writ of summons on newly added defendant No.6. TOR and marked as Exh.7
    Adv. Janhavi Kandekar present for defendant/MHADA.
    Order Below Exh.7
        1. Application is allowed.
        2. Plaintiff is allowed to serve writ of summons upon Shri. Yogesh P. Rane, learned counsel of defendant No.6.
    Matter adjourned for Service of writ of summons on newly added defendant No.6 to 13.09.2023.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 13-09-2023
    
    Date: 13-09-2023
    Business: As court is on leave. Board is discharged.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 09-11-2023
    
    Date: 09-11-2023
    Business: None present for plaintiff.
    Adv. Harshida Darji h/f. Adv. Kandekar present for defendant/MHADA.
    Matter adjourned for Service of writ of summons on newly added defendant No.6 to 12.01.2024.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 12-01-2024
    
    Date: 12-01-2024
    Business: Adv. Suresh Mali present for plaintiff.
    Adv. Harshida Darji h/f. Adv. Kandekar present for defendant/MHADA.
    Matter adjourned for Service of writ of summons on newly added defendant No.6 to 06.03.2024.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 06-03-2024
    
    Date: 06-03-2024
    Business: Adv. Suresh Mali present for plaintiff and tendered affidavit of service. Taken on record and marked as Exh.8. O-Filed.
    Order passed below Exh.1
         Defendant No.6 was served on 13.09.2023. She did not appear. Hence, suit shall proceed ex-parte against her.
    Matter adjourned for NM Hearing to 04.04.2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-04-2024
    
    Date: 04-04-2024
    Business: Adv. Vishnu Chaudhary present for plaintiff.
    None present for defendants.
    Defendants failed to file reply on notice of motion No.2106/2018. It shall be heard without their reply.
         It appears defendant Nos.1,2,4 and 5 appeared in the suit. They did not file their written statement. Suit shall proceed without written statement.
    Matter adjourned for NM Hearing to 28.06.2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-06-2024
    
    Date: 28-06-2024
    Business: Adv. Suresh Mahadik present for plaintiff.
    None present for defendants.
    Matter adjourned for NM Hearing to 01.08.2024.
    J
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-08-2024
    
    Date: 01-08-2024
    Business: Adv. Mali a/w Adv. Vishnu Chaoudhary present for plaintiff.
    Adv. Harshita Darji present for defendants.
    Matter adjourned for NM Hearing to 25.09.2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-09-2024
    
    Date: 25-09-2024
    Business: None present for plaintiff.
    Adv. Harshita Darji present for defendant/MHADA.
    Today, case is fixed for hearing on NM No.2106/2018. Plaintiff and her counsel are absent. This shows plaintiff is not interested to proceed with this notice of motion. Hence, Notice of Motion No.2106/2018 is dismissed.
    Matter adjourned for service of writ of summons to 07.11.2024.
    Later on at 3.35 p.m.
    Adv. Suresh Mali for plaintiff present. He filed application for setting aside order of dismissal of NM No.2106/2018. t.o.r. Marked as Exh.9.
    O. - Notice of Motion is restored.
    Matter already adjourned to 07.11.2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-11-2024
    
    Date: 07-11-2024
    Business: P. O. is on leave
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-01-2025
    
    Date: 03-01-2025
    Business: C.A. of plaintiff present. He submits that, he intends to change his lawyer. He seeks short time.
    Adv. Harshita Darji h/f. Adv. Kandekar for defendant/MHADA present.
    Matter adjourned for NM Hearing to 07.03.2025.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-03-2025
    
    Date: 07-03-2025
    Business: Presiding Officer is on half day leave in second session.
    Matter adjourned for NM Hearing to 07.04.2025.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-04-2025
    
    Date: 07-04-2025
    Business: Adv. Dhiraj Zokhande for plaintiff present. He tendered vakalatnama. Taken on record and marked as Exh.10. O-Filed.
    Adv. Harshida Darji h/f. Adv. Kandekar for defendant/MHADA present.
    Matter adjourned for NM Hearing to 01.07.2025.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-07-2025
    
    Date: 01-07-2025
    Business: None present for plaintiff and defendants.
    Last chance granted to plaintiff to work out NM, on failure further will be pased on next date.
    Matter adjourned for NM Hearing to 02.09.2025.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-09-2025
    
    Date: 02-09-2025
    Business: Adv. Dhiraj Zokhande for plaintiff present and seek time. Time granted.
    Adv. Devyani Pawar h/f. Adv. Kandekar for defendant/MHADA present.
    Matter adjourned for NM Hearing to 28.10.2025.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-10-2025
    
    Date: 28-10-2025
    Business: Coram: H.H.J. Shri. S. K. KARHALE, City Civil Court, Mumbai.(C.R.08)
    None for plaintiff .
    None for defendant.
    Matter adjourned for NM Hearing to 23.12.2025
            Judge
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-12-2025
    
    Date: 23-12-2025
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-02-2026
    
    Date: 12-02-2026
    Business: CA of Plaintiff present.
    None for defendant.
    Plaintiff is directed to remain present on next date for hearing on N/M failure to proceed with N/M, it will be dismissed.
    Matter adjourned for NM Hearing/NM dismissal to 15/04/2026.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-04-2026
    
    Date: 15-04-2026
    Business: None present for plaintiff.
    None present for defendant.
    Matter adjourned for NM dismissal to 18.04.2026.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 18-04-2026
    
    Date: 18-04-2026
    Business: Adv. Dhiraj Zokande present for plaintiff and filed application for removal of NM from dismissal caption. TOR and marked as Exh.11. O-Otherside to say. Say not filed.
    None present for defendant.
    O-Allowed in the interest of justice.
    Matter adjourned for NM Hearing to 21.07.2026.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-07-2026
    
    Date: 21-07-2026
    Business: None present for plaintiff and defendant.
    No argument on NM by plaintiff on NM. Keep for dismissal of NM.
    Matter adjourned for NM dismissal to 17.09.2026.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 17-09-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 107510/2018
    Filing Date: 08-06-2018
    First Hearing Date: 05th July 2018
    Court Number And Judge: 8-COURT 08 ADDL SESSIONS JUDGE

    Orders

    0

    No order text is available in this record.

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