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NOTICE OF MOTION

Smt. Meena Maruti MungurkarVsMCGM +1 more

CNR MHCC0100730520195-COURT 05 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHER
Decision Date: 22nd February 2024

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
102664/2019
Registration Date
17 Jul 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 09-08-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-09-2019
    
    Date: 23-09-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-10-2019
    
    Date: 21-10-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-12-2019
    
    Date: 04-12-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-01-2020
    
    Date: 22-01-2020
    Business: Advocate for plaintiff present.
    Advocate for defendant no. 2, 3,5 present.
    Advocate for defendant no. 2 filed reply to N/M.
    Advocate Kumawat for defendant/BMC present.
    Adjourned for N/M Reply to 23/03/2020.
    Next Purpose: REPLY
    Next Hearing Date: 23-03-2020
    
    Date: 23-03-2020
    Next Purpose: REPLY
    Next Hearing Date: 01-04-2020
    
    Date: 01-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPLY
    Next Hearing Date: 16-04-2020
    
    Date: 16-04-2020
    Next Purpose: REPLY
    Next Hearing Date: 27-05-2020
    
    Date: 27-05-2020
    Business: In view of extension 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: REPLY
    Next Hearing Date: 12-06-2020
    
    Date: 12-06-2020
    Next Purpose: REPLY
    Next Hearing Date: 20-07-2020
    
    Date: 20-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPLY
    Next Hearing Date: 04-09-2020
    
    Date: 04-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPLY
    Next Hearing Date: 23-10-2020
    
    Date: 23-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPLY
    Next Hearing Date: 27-01-2021
    
    Date: 27-01-2021
    Business: None present for plaintiff.
    Advocate Vyavahare for deft/BMC present.
    Advocate for D/5 present.
    L.O. at 3.45 p.m
    Adv. M.V. Holamangi for plaintiff present.
    Adv. Santosh Jagtap for D/2 and 3 present.
              Plaintiff and defendant No.2 and 3 are present along with respective advocates. Plaintiff and defendant No.2 and 3 have admitted the contents and their signatures in the consent terms. Because there was mention of retaining the keys with the advocates, parties were specifically asked as to whether they are agreeing to the aforesaid terms of retaining the keys with the advocates. Plaintiff and defendant No.2 and 3 have agreed to these contents. As parties have submitted that they have arrived at consent terms with their freewill and that there is no coercion, fraud, misrepresentation, mistake practiced upon them, I am satisfied that the consent terms are with the freewill of the parties i.e. plaintiff and defendant No.2 and 3. Therefore, the consent terms are read and recorded.
    Adjourned for NM hearing to 22.03.2021
    Next Purpose: REPLY
    Next Hearing Date: 22-03-2021
    
    Date: 22-03-2021
    Business: Advocate for plaintiff present.
    Defendant no. 2 present.
    Advocate for defendant no. 5 present
    Advocate Mrs. Patil for defendant/BMC present.
    Adjourned for argument on Exh-3 to 06/04/2021.
    Next Purpose: REPLY
    Next Hearing Date: 06-04-2021
    
    Date: 06-04-2021
    Business: Advocate for plaintiff present.
    Advocate for defendant no. 5 present.
    None for defendant/BMC present.
    Adjourned for argument on Exh-3 to 26/04/2021.
    Next Purpose: REPLY
    Next Hearing Date: 26-04-2021
    
    Date: 26-04-2021
    Business: Due to covid-19 matter adjd. to
    Next Purpose: REPLY
    Next Hearing Date: 05-07-2021
    
    Date: 05-07-2021
    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. to
    Next Purpose: REPLY
    Next Hearing Date: 20-07-2021
    
    Date: 20-07-2021
    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: REPLY
    Next Hearing Date: 16-09-2021
    
    Date: 16-09-2021
    Business: court is on leave, adjd
    Next Purpose: REPLY
    Next Hearing Date: 16-10-2021
    
    Date: 16-10-2021
    Business: In the view of Holiday declared by the Hon''ble Bombay High Court, Board is discharged and Matter is adjd. to.
    Next Purpose: REPLY
    Next Hearing Date: 23-10-2021
    
    Date: 23-10-2021
    Business: None present plaintiff are absent.
    Adv. Ali present for def. no. 5
    Adv. Vidya Vyavahare present for MCGM/defendant.
    Matter adjourned for final argument on 07-12-2021.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 07-12-2021
    
    Date: 07-12-2021
    Business: None present for plaintiff.
    Adv. Vidya present for MCGM/defendant.
    Adv. vinay kumar for deff 05.
    As plaintiff and his adv. absent, Matter adjourned for dismissal order to. 05/02/22.
    Next Purpose: DISMISSAL
    Next Hearing Date: 05-02-2022
    
    Date: 05-02-2022
    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. Hence, matter is adjourned to
    Next Purpose: DISMISSAL
    Next Hearing Date: 29-03-2022
    
    Date: 29-03-2022
    Business: As Court is on leave.
    Next Purpose: DISMISSAL
    Next Hearing Date: 14-06-2022
    
    Date: 14-06-2022
    Business: As presiding officer is on leave. Hence, matter is adjourned to
    Next Purpose: DISMISSAL
    Next Hearing Date: 21-07-2022
    
    Date: 21-07-2022
    Business: Adv. Chauvhan I/b Adv. Holmangi for Plaintiff present.
    Adv. Mr. Bibhishan Sutar for MCGM/ defendant  No.1 present.
    Adv. Ali Kazmi for deft no.5 present.
    Deft no. 2 to 4 and 6 are absent.
    Adv for Plaintiff made submission that they will argue the NM on next date without fail. Hence, it is considered.
    Matter is adjd for  dismissal /hearing on NM on 25-08-2022
    Next Purpose: DISMISSAL
    Next Hearing Date: 25-08-2022
    
    Date: 25-08-2022
    Business: None for Plaintiff.
    Adv. Smt. Vidya Vyavahare for MCGM/ defendant  present.
    Adv Supriya for deft no.5 present.
    Matter is adjd for service on 04-10-2022
    Next Purpose: SERVICE
    Next Hearing Date: 04-10-2022
    
    Date: 04-10-2022
    Business: As court is busy in urgent matters and order. Hence, remaining board is dischgarge. Matter is adjourned to
    Next Purpose: SERVICE
    Next Hearing Date: 20-10-2022
    
    Date: 20-10-2022
    Business: As Court is busy in urgent hearing matters, dictating orders i.e. Suit No. 2316 of 2022, Suit No.1133 of 2011 and 1132 of 2011 and urgent hearing on ad-interim relief of In charge Court matters i.e. St.No. 11943/2022 and 11766/2022  . Hence want of time the board is discharged.
    Next Purpose: SERVICE
    Next Hearing Date: 22-11-2022
    
    Date: 22-11-2022
    Business: As Court is busy in order dictating in matters i.e. Suit No. 2593 of 2010, Suit No. 3163 of 2018 and Stamp No. 12271 of 2022. Hence want of time board is discharged.
    Matter is adjd for service on 08-12-2022
    Next Purpose: SERVICE
    Next Hearing Date: 08-12-2022
    
    Date: 08-12-2022
    Business: None for Plaintiff.
    Adv Vinayak for deft no. 5 present.
    Adv. Smt. Vidya Vyavahare for MCGM/ defendant  No. 1 present.
    None for deft no.2 to 4.
    Plaintiff to appear and supply copy of Ch/s to the defts on or before next date without fail.
    Matter is adjd for service on 02-02-2023
    Next Purpose: SERVICE
    Next Hearing Date: 02-02-2023
    
    Date: 02-02-2023
    Business: Adv Holmangi for Plaintiff present.
    Adv Qazmin for defe no. 5  present.
    Adv. Smt. Vidya Vyavahare for MCGM/ defendant  present.
    Adv Santosh Jagtap for defendant present and tendered affidavit in reply to Ch/s No. 1211/22. TOR.
    Matter is adjd for service on 04-03-2023
    Next Purpose: SERVICE
    Next Hearing Date: 04-03-2023
    
    Date: 04-03-2023
    Business: As presiding officer is on leave. Hence, matter is adjourned to
    Next Purpose: SERVICE
    Next Hearing Date: 10-03-2023
    
    Date: 10-03-2023
    Business: As presiding officer is on leave. Hence, matter is adjourned to
    Next Purpose: SERVICE
    Next Hearing Date: 14-03-2023
    
    Date: 14-03-2023
    Business: As presiding officer is on leave. Hence, matter is adjourned to
    Next Purpose: SERVICE
    Next Hearing Date: 07-06-2023
    
    Date: 10-04-2023
    Business: None for Plaintiff.
    Adv Pradeep M. Patil for defendant no.1 /MCGM present.
    Adv Supriya Choresia for deft no. 5 present.
    L.O at 5.00 pm.
    Adv Holmangi for Plaintiff present.
    Adv Santosh Jagtap deft no. 2 and 3 present.
    Matter is adjd for compliance on 28-04-2023
    Next Purpose: COMPLIANCE
    Next Hearing Date: 28-04-2023
    
    Date: 28-04-2023
    Business: None for Plaintiff present.
    Adv Pradeep M. Patil for defendant /MCGM present.
    Adv V. Kulkarni for deft no. 5 present.
    Today court is busy in final hearing of Suit No. 834 of 2013, Suit No. 2610 of 2009 and  SC No. 1405 of 2019.
    Matter is adjd for NM on 07-06-2023
    Next Purpose: COMPLIANCE
    Next Hearing Date: 07-06-2023
    
    Date: 07-06-2023
    Business: Adv. Holamagi for Plaintiff present.
    Adv. Chaturvedi for D-5 present.
    Adv. Pradip Patil for MCGM present.
    Matter is adjd to 14.07.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-07-2023
    
    Date: 14-07-2023
    Business: Adv. Holamagi for plaintiff present.
    Adv. Vyavhare for defendant/ BMC present.
    Adv. Pranay Patil i/b FF and Associates for defendant No.5 present.
    Matter is adjd. to 24/08/2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-08-2023
    
    Date: 14-07-2023
    Business: Adv. Holamagi for plaintiff present.
    Adv. Vyavhare for defendant/ BMC present.
    Adv. Pranay Patil i/b FF and Associates for defendant No.5 present.
    Matter is adjd. to 24/08/2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-08-2023
    
    Date: 24-08-2023
    Business: Adv. Holamagi for Plaintiff present.
    Adv. Ms. Vyavahare for MCGM/D-1 present.
    Adv. Pranav Pradhan for D-5 present.
    Adv. Jagtap for D-2 and D-3 present.
    Since there are aliments of settlement in the suit, therefore, on the request of both sides, matter is kept in Lok Adalat.
    Matter is adjd to  09.09.2023 for Lok adalat.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 09-09-2023
    
    Date: 09-09-2023
    Business: None present for plaintiff.
    Adv. Pradeep Patil for defendant No.1/BMC present.
    Adv. Mr. Pranay Patil for defendant No.5 is present.
    Rest defendants are absent.
    LO at 4.04 p.m
    The plaintiff is present in person.
    Adv. Mr. Homangi for the plaintiff is present.
    Adv. Om Suryavanshi h/f Adv. Whyavhare for defendant No.1/BMC present.
    Defendant Nos. 2a to 2d and 3 is present.
    Adv. Mr. Santosh Jagtap for defendant Nos. 2a to 2d and 3 is present.
    None present for defendant No.4.
    Adv. Mr. Pranay Patil for defendant No.5 is present.
    Contents of Consent Terms Exh.4 are duly verified from the plaintiff, defendant Nos. 2a to 2d and 3. They admitted their signatures on the contents to be true. Copies of Consent Terms are supplied to advocate for defendant Nos. 1 and 5. They requested time to file their say. Time is granted.
    Matter is adjd for say on Exh.4/NM hearing to 26.09.2023.
    Next Purpose: FILING SAY
    Next Hearing Date: 26-09-2023
    
    Date: 09-09-2023
    Business: None present for plaintiff.
    Adv. Pradeep Patil for defendant No.1/BMC present.
    Adv. Mr. Pranay Patil for defendant No.5 is present.
    Rest defendants are absent.
    LO at 4.04 p.m
    The plaintiff is present in person.
    Adv. Mr. Homangi for the plaintiff is present.
    Adv. Om Suryavanshi h/f Adv. Whyavhare for defendant No.1/BMC present.
    Defendant Nos. 2a to 2d and 3 is present.
    Adv. Mr. Santosh Jagtap for defendant Nos. 2a to 2d and 3 is present.
    None present for defendant No.4.
    Adv. Mr. Pranay Patil for defendant No.5 is present.
    Contents of Consent Terms Exh.4 are duly verified from the plaintiff, defendant Nos. 2a to 2d and 3. They admitted their signatures on the contents to be true. Copies of Consent Terms are supplied to advocate for defendant Nos. 1 and 5. They requested time to file their say. Time is granted.
    Matter is adjd for say on Exh.4/NM hearing to 26.09.2023.
    Next Purpose: FILING SAY
    Next Hearing Date: 26-09-2023
    
    Date: 09-09-2023
    Business: None present for plaintiff.
    Adv. Pradeep Patil for defendant No.1/BMC present.
    Adv. Mr. Pranay Patil for defendant No.5 is present.
    Rest defendants are absent.
    LO at 4.04 p.m
    The plaintiff is present in person.
    Adv. Mr. Homangi for the plaintiff is present.
    Adv. Om Suryavanshi h/f Adv. Whyavhare for defendant No.1/BMC present.
    Defendant Nos. 2a to 2d and 3 is present.
    Adv. Mr. Santosh Jagtap for defendant Nos. 2a to 2d and 3 is present.
    None present for defendant No.4.
    Adv. Mr. Pranay Patil for defendant No.5 is present.
    Contents of Consent Terms Exh.4 are duly verified from the plaintiff, defendant Nos. 2a to 2d and 3. They admitted their signatures on the contents to be true. Copies of Consent Terms are supplied to advocate for defendant Nos. 1 and 5. They requested time to file their say. Time is granted.
    Matter is adjd for say on Exh.4/NM hearing to 26.09.2023.
    Next Purpose: FILING SAY
    Next Hearing Date: 26-09-2023
    
    Date: 09-09-2023
    Business: None present for plaintiff.
    Adv. Pradeep Patil for defendant No.1/BMC present.
    Adv. Mr. Pranay Patil for defendant No.5 is present.
    Rest defendants are absent.
    LO at 4.04 p.m
    The plaintiff is present in person.
    Adv. Mr. Homangi for the plaintiff is present.
    Adv. Om Suryavanshi h/f Adv. Whyavhare for defendant No.1/BMC present.
    Defendant Nos. 2a to 2d and 3 is present.
    Adv. Mr. Santosh Jagtap for defendant Nos. 2a to 2d and 3 is present.
    None present for defendant No.4.
    Adv. Mr. Pranay Patil for defendant No.5 is present.
    Contents of Consent Terms Exh.4 are duly verified from the plaintiff, defendant Nos. 2a to 2d and 3. They admitted their signatures on the contents to be true. Copies of Consent Terms are supplied to advocate for defendant Nos. 1 and 5. They requested time to file their say. Time is granted.
    Matter is adjd for say on Exh.4/NM hearing to 26.09.2023.
    Next Purpose: FILING SAY
    Next Hearing Date: 26-09-2023
    
    Date: 26-09-2023
    Business: None for Plaintiff.
    Adv. Patil i/b FF and Associates for D-5 present.
    Adv. Pradip Patil for MCGM present.
    Ld. Adv. for D-5 filed say on consent terms. TOR and marked at Exh.
    Matter is adjd  to 21.11.2023 for consideration/taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 21-11-2023
    
    Date: 21-11-2023
    Business: Plaintiff present.
    Adv. Holamagi for plaintiff present.
    Adv. Patil i/b F and F Assoc. for D-5 present.
    Adv. Jagtap for D-2(a) to D-2(d) and D-3 present.
    Adv.  Vidya Vyavahare for D-1/MCGM present.
    By consent of all the parties matter is adjourned.
    Matter is adjd  to 21.12.2023 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 21-12-2023
    
    Date: 21-12-2023
    Business: Adv. Holamagi for Plaintiff present.
    Adv. Vidya Vyavahare for D-1/MCGM present.
    Adv. Archit Chaturvedi i/b FF and Associates for D-5 present.
    Adv. Jagtap for D-2 and D-3 present.
    On oral request of Ld. Adv. For plaintiff matter is adjourned.
    Matter is adjd to 23.01.2024 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 23-01-2024
    
    Date: 21-12-2023
    Business: Adv. Holamagi for Plaintiff present.
    Adv. Vidya Vyavahare for D-1/MCGM present.
    Adv. Archit Chaturvedi i/b FF and Associates for D-5 present.
    Adv. Jagtap for D-2 and D-3 present.
    On oral request of Ld. Adv. For plaintiff matter is adjourned.
    Matter is adjd to 23.01.2024 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 23-01-2024
    
    Date: 23-01-2024
    Business: P O is on leave
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 31-01-2024
    
    Date: 31-01-2024
    Business: Adv. Holamagi for Plaintiff present.
    Adv. Chaturvedi i/b FF And Asso. for defendant No. 5 present.
    None for D-2(a) to D-2(d), D-6.
    D-3 and D-4 present.
    Ld. Adv. for plaintiff filed withdrawal pursis against the defendant no. 1/MCGM. Taken on record and marked at Exh.6
    Considering the submissions of Ld.a dv. For the plaintiff, Ld. Adv. for the D-1 and Ld. Adv. for D-5 in the light of say Exh. 5 and pursis Exh.6, matter be kept for passing necessary order.
    Matter is adjd  to 20.02.2024 for order.
    Next Purpose: ORDER
    Next Hearing Date: 20-02-2024
    
    Date: 20-02-2024
    Business: Adv. Holamagi for Plaintiff present.
    Adv. Jagtap for D-2 and D-3 present.
    Adv. Patil for D-5 present.
    Adv. Vyavahare for D-1/BMC present.
    The P.O. is busy in recording evidence in Suit No. 2032/15 and hearing urgent matters. Hence, adjourned.
    Matter is adjd  to 22.02.2024 for order.
    Next Purpose: ORDER
    Next Hearing Date: 22-02-2024
    
    Date: 22-02-2024
    Business: Adv. Holamagi for Plaintiff present.
    Adv. Jagtap for D-2 and D-3 present.
    Adv. Patil for D-5 present.
    Adv. Vyavahare for defendant/BMC present.
    Order on Exh. 4
    Having regard to the order dtd. 09.09.2023, it appears that the consent terms entered into between the plaintiff, defendant no. 2(a) to 2(d) and defendant no. 3 have been duly verified on that day in a National Lok Adalat by the Presiding Officer and Member. Hence, in view of admitting their signature and contents in the consent terms by the plaintiff,  defendant no. 2(a) to 2(d) and defendant no. 3, consent terms Exh. 4 is read and recorded. After granting time to the defendant no. 5 in a Lok Adalat dtd. 09.09.2023, the defendant no. 5 also filed his say Exh. 5 in which the defendant no. 5 has no objection to the consent terms Exh. 4 subject to executing necessary documents as mentioned in the say Exh. 5. On the other hand, suit is withdrawn by the plaintiff against the defendant no. 1/MCGM vide pursis Exh. 6. Hence, following order is passed -
    ORDER
    1. Suit stands disposed of in terms of consent terms Exh. 4 subject to executing necessary documents  as mentioned in the say Exh. 5 by the plaintiff, defendant no. 2(a) to 2-(d) and defendant no. 3.
    2. Compromised decree be drawn up accordingly.
    3. In view of disposal of the suit, NM No. 2664/19 and NM No. 1346/16. have been not pressed by the Ld. Adv. for the plaintiff. Hence, NM No. 2664/19 and NM No. 1346/16 are hereby disposed off for want of prosecution.
    4. L. C. Suit No. 255 of 2016 stands disposed of accordingly.
    Nature Of Disposal: OTHER
    Disposal Date: 22-02-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 107806/2019
    Filing Date: 17-07-2019
    First Hearing Date: 09th August 2019
    Decision Date: 22nd February 2024
    Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    22 Feb 2024

    Order Details: Notice of Motion Pdf Text: 22.02.2024 CORAM: SHRI R. M. MISHRA, ADDL. SESSIONS JUDGE C.R.NO.5 SU. 255/16 Adv. Holamagi for Plaintiff present. Adv. Jagtap for D-2 and D-3 present. Adv. Patil for D-5 present. Adv. Vyavahare for defendant/BMC present. Order on Exh. 4 Having regard to the order dtd. 09.09.2023, it appears that the consent terms entered into between the plaintiff, defendant no. 2(a) to 2(d) and defendant no. 3 have been duly verified on that day in…

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