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NOTICE OF MOTION

Shri. Chandraprakash Dadaji PatilVsSmt. Mira Dattaram Patil and Ors.

CNR MHCC01007518201965-COURT 65 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 21st August 2026

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
102735/2019
Registration Date
20 Jul 2019

Advocates

2

For Petitioner

For Respondent

Parties

2

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec 9

Case History / Proceedings

Case History
Date: 23-07-2019
Business: Court is busy in hearing NM in suit no.599/18 and court has to hear NM in suit no.627/13 and other matter, hence case is adjourned to 17/10/2019.
Advocate Mr. Gajendra Vaity for Defendants present and filed registered Notice of Motion no.2735/2019 with affidavit in support, t.o.r.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-10-2019

Date: 17-10-2019
Business: Court is busy in hearing and dictating order on NM in suit no.236/11 and hearing and dictating order on Chamber Summons in suit no.71/17 and court has to dictated Judgment in suit no.3856/99 and 3857/99, hence case is adjourned to 08/01/2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-01-2020

Date: 08-01-2020
Business: Advocate Mr. Khandesh Baghate for Plaintiff present and submitted that NM reply is ready but it is to be affirmed hence matter may be adjourned.  Considering submissions adjourned.
None present for Defendant.
Case is adjourned to 26/03/2020 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-03-2020

Date: 26-03-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-04-2020

Date: 07-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-04-2020

Date: 07-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-04-2020

Date: 18-04-2020
Business: National Lock down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-05-2020

Date: 18-04-2020
Business: National Lock down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-05-2020

Date: 29-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-06-2020

Date: 29-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-06-2020

Date: 16-06-2020
Business: Due to lock down case is adjd. to 11.08.2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-08-2020

Date: 11-08-2020
Business: Adjd. to 29.09.2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-09-2020

Date: 29-09-2020
Business: None present for Plaintiff.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 21.12.2020 for compliance.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-12-2020

Date: 21-12-2020
Business: None present for Plaintiffs.
None present for defendants.
It seems that due to Corona pandemic, Plaintiff is  absent, hence case is adjourned to 10/03/2021  for Notice of Motion Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-03-2021

Date: 10-03-2021
Business: Adv Mr. Khandesh Bagate for plff present and filed reply to NM 2735/2019 taken out by deft for delay condonation.
None present for deft.
Matter is adjd. for NM hearing to 26.04.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-04-2021

Date: 26-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-07-2021

Date: 23-07-2021
Business: Court is on Leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-09-2021

Date: 02-09-2021
Business: None present for both the parties.
Matter is kept fro hearing on NM No.2735/2019 taken out by deft for delay condonation. As nobody is present for defts, said NM be kept for dismissal order.
Matter is adjd. for NM dismissal order to 16.10.2021.
Judge
L.O.at 4.05 p.m.
Adv Mr. Vaity for defendants present and requested to remove the matter from NM dismissal caption by submitting that plff has not served the copy of reply filed to NM on the defts. Plffs are directed to serve the copy of reply on the defts on or before next date. In veiw of it, matter be removed from NM dismissal caption and it be kept for compliance and hearing.
Already adjd. to 16.10.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 16-10-2021

Date: 16-10-2021
Business: Holiday declare, hence matter is adjd.
Next Purpose: COMPLIANCE
Next Hearing Date: 23-10-2021

Date: 23-10-2021
Business: None present for both parties hence matter is adj. at same stage till next date.
Matter is adjd. for NM hearing to 20.12.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-12-2021

Date: 20-12-2021
Business: Court is on Leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-02-2022

Date: 24-02-2022
Business: Adv Mr. Bagate present for plff.
Adv Mr. D.B. Naik h/f Adv Waity present for deft. and filed application for adjournment.
Adv for the plff endorsed reply on application itself. For the reason stated in the application, adjournment is granted.
By consent, matter is adjd. for NM hearing to 19.04.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-04-2022

Date: 19-04-2022
Business: Plff present in person. His advocate is absent.
Adv Mr. Vaity  present for deft.
Plff is directed to supply copy of reply filed in 2735/2019 to the deft.
Matter is adjd. for NM hearing to 21.06.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-06-2022

Date: 21-06-2022
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-07-2022

Date: 25-07-2022
Business: None present for both the parties.
Matter adjounred for NM hearing fo10.10.2022.
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-10-2022

Date: 10-10-2022
Business: Adv.Bagate for plaintiff present.
None present for deft.
Matter adjd to 19.12.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-12-2022

Date: 10-10-2022
Business: Adv.Bagate for plaintiff present.
None present for deft.
Matter adjd to 19.12.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-12-2022

Date: 19-12-2022
Business: None present for both sides.
(As Court is busy in dictating judgment in Suit No.7257/2005, hence, adjourned.)
Matter adjd to 23.02.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-02-2023

Date: 19-12-2022
Business: None present for both sides.
(As Court is busy in dictating judgment in Suit No.7257/2005, hence, adjourned.)
Matter adjd to 23.02.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-02-2023

Date: 23-02-2023
Business: Adv. Khandesh Bagate for plaintiff present.
Defendant no.5 in person present.
Adv. for the plaintiff informed that the plaintiff has expired and he intends to filed C/S.
Matter adjd to 05-06-2023 for Steps/NM hearing.
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-06-2023

Date: 05-06-2023
Next Purpose: ORDER
Next Hearing Date: 30-06-2023

Date: 05-06-2023
Business: Adv. Vijay Dhadam for plaintiff present.
None for defendant.
Matter adjd to  30-06-2023 for Order.
Next Purpose: ORDER
Next Hearing Date: 30-06-2023

Date: 30-06-2023
Business: Court is on leave
Next Purpose: ORDER
Next Hearing Date: 17-07-2023

Date: 30-06-2023
Business: Court is on leave
Next Purpose: ORDER
Next Hearing Date: 17-07-2023

Date: 17-07-2023
Business: Adv. Khandesh Bagate for plaintiff present he filed Vakalatnama on behalf of applicant in draft Chs. TOR marked as Exh. 16. And tendered draft Chs. Alongwith affidavit in support.
Adv. Ajay Sarvoda for defendant No. 5 present.
O- Leave granted to registered Chs.
None for defendant.
Matter is adjd.to   14-08-2023 for Reply.
Next Purpose: REPLY
Next Hearing Date: 14-08-2023

Date: 14-08-2023
Business: Adv. Khandesh for plaintiff present and filed registered C/S No. 1330/23  along with affidavit in support t.o.r.
None for defendant
Matter is adjd.to 30-09-2023 for Reply.
Next Purpose: REPLY
Next Hearing Date: 30-09-2023

Date: 30-09-2023
Business: Adv. Vijay Dhadam for plaintiff present.
None for defendant
Matter is adjd.to 12-10-2023 for reply
Next Purpose: REPLY
Next Hearing Date: 12-10-2023

Date: 12-10-2023
Business: Adv. Bagate  for plaintiff present.
Defendant no. 5 in person present.
Matter is adjd.to  23-11-2023 for reply.
Next Purpose: REPLY
Next Hearing Date: 23-11-2023

Date: 23-11-2023
Business: Adv.Khandesh Bagate for applicant present.
None for defendant.
Matter is adjourned to 04-12-2023 for reply.
Next Purpose: REPLY
Next Hearing Date: 04-12-2023

Date: 04-12-2023
Business: None present both sides.
Adv. Khandesh Bagate for applicant present in CS No. 1330 of 2023.
Matter is adjourned to   15-01-2024 for Reply.
Next Purpose: REPLY
Next Hearing Date: 15-01-2024

Date: 15-01-2024
Business: Adv. Khandesh Bagate for applicant in CS present.
None for Plaintiff present.
None for defendant present.
Matter stands adjourned on 13.02.2024 for affidavit of service in CS No.1330/2023 and CS reply.
Next Purpose: C/S REPLY
Next Hearing Date: 13-02-2024

Date: 15-01-2024
Business: Adv. Khandesh Bagate for applicant in CS present.
None for Plaintiff present.
None for defendant present.
Matter stands adjourned on 13.02.2024 for affidavit of service in CS No.1330/2023 and CS reply.
Next Purpose: C/S REPLY
Next Hearing Date: 13-02-2024

Date: 13-02-2024
Business: Advocate Khandesh Bagate for Plaintiff present and filed affidavit of service regarding Chamber Summons t.o.r. -seen.
None for defendant present.
Matter stands adjourned on 20.04.2024 for Chamber Summons reply.
Next Purpose: C/S REPLY
Next Hearing Date: 20-04-2024

Date: 13-02-2024
Business: Advocate Khandesh Bagate for Plaintiff present and filed affidavit of service regarding Chamber Summons t.o.r. -seen.
None for defendant present.
Matter stands adjourned on 20.04.2024 for Chamber Summons reply.
Next Purpose: C/S REPLY
Next Hearing Date: 20-04-2024

Date: 20-04-2024
Business: As court is on leave
Next Purpose: C/S REPLY
Next Hearing Date: 19-07-2024

Date: 20-04-2024
Business: As court is on leave
Next Purpose: C/S REPLY
Next Hearing Date: 19-07-2024

Date: 19-07-2024
Business: Adv. Bagade for applicant present.
None for defendant present.
F.R.S.R. following order is passed in Chamber Summons No.1330/2023.
ORDER
1. Chamber Summons No.1330/2023 in Suit No.371/2017 is           allowed as prayed.
2.   Applicants to carry out the amendment as per law.
3.   No order as to costs.
4. Proceeding of Chamber Summons No.1330/2023 in Suit No.371/2017 is closed.
Matter stands adjourned on 01/08/2024 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 01-08-2024

Date: 19-07-2024
Business: Adv. Bagade for applicant present.
None for defendant present.
F.R.S.R. following order is passed in Chamber Summons No.1330/2023.
ORDER
1. Chamber Summons No.1330/2023 in Suit No.371/2017 is           allowed as prayed.
2.   Applicants to carry out the amendment as per law.
3.   No order as to costs.
4. Proceeding of Chamber Summons No.1330/2023 in Suit No.371/2017 is closed.
Matter stands adjourned on 01/08/2024 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 01-08-2024

Date: 01-08-2024
Business: Adv. Nandesh for applicant in Notice of Motion No.2735/2019 is present.
None for plaintiff present.
None for defendant present.
At requested of Adv. time is extended for compliance.
Matter stands adjourned on 14/08/2024 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 14-08-2024

Date: 01-08-2024
Business: Adv. Nandesh for applicant in Notice of Motion No.2735/2019 is present.
None for plaintiff present.
None for defendant present.
At requested of Adv. time is extended for compliance.
Matter stands adjourned on 14/08/2024 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 14-08-2024

Date: 14-08-2024
Business: As P. O. is on training.
Next Purpose: COMPLIANCE
Next Hearing Date: 10-10-2024

Date: 10-10-2024

Date: 28-07-2026
Business: Adv. Vijay for plaintiff present. Adv. Ramesh Kambale for defendant present. defendant has complied the order passed in Notice of Motion no 5160/25. by paying cost of Rs. 4,000/- on plaintiff. Therefore, original Notice of Motion no 2735/19 is restored and kept for hearing. Matter stands adjourned on 21-08-2026 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-08-2026

Date: 21-08-2026
Business: CORAM - H.H.J. SHRI. A. H. BAIG (CR.65)
None for plaintiff present.
Adv.  Ramesh Kamble for defendant present and argued Notice of motion no 2735/19. Adv. for plaintiff is absent for hearing, hence, his argument is closed and  following order is passed.
F.R.S.R. following order is passed in Notice of Motion No.2735/19
ORDER
1. The present Notice of Motion No. 2735 of 2019 is made absolute  subject to payment of cost of Rs.2,000/- (Rupees Two Thousand  only) to be paid to plaintiff on or before next date as condition precedent.
2. On payment of costs as per clause (1) above, the impugned ex-parte order dated 29.01.2018 against the defendants, shall be set aside.
3. On compliance of clause (1) above, the delay of 706 days in filing Written Statement shall be condoned.
4. Defendants shall file original affirmed copy of written statement on next date and it shall be taken on record on compliance of clause (1) above.
5. The Notice of Motion No. 2735 of 2019 is disposed of accordingly.
Nature Of Disposal: ALLOWED
Disposal Date: 21-08-2026

Additional Case Details

Additional Case Details
Filing Number: 108068/2019
Filing Date: 20-07-2019
First Hearing Date: 23rd July 2019
Decision Date: 21st August 2026
Court Number And Judge: 65-COURT 65 ADDL SESSIONS JUDGE

Orders

3
Final Order 2Full order available
21 Aug 2026

Order Details: Notice of Motion Pdf Text: N/M No.2735/2019 1 MHCC010075182019 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY NOTICE OF MOTION NO. 2735 OF 2019 IN S. C. SUIT NO. 371 OF 2017 Mr. Chandraprakash Dadaji Patil … Plaintiff V/s. 1. Smt. Asha Ramesh Mukadam & Ors. ...Defendants Appearance : None for the plaintiff. Ld. Advocate Ramesh Kamble for Defendants. CORAM : HIS HONOUR CITY CIVIL JUDGE A. H. BAIG CITY CIVIL COURT, GR. BOMBAY (C.R. No.65) DATE :…

Read Full Order
Interim Order 1
10 Oct 2024
Order Details: Notice of Motion
Pdf Text: Daily Status
IN THE COURT OF :COURT 65 ADDL SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0102735/2019
Shri. Chandraprakash Dadaji Patil Vs 1.Smt. Mira Dattaram Patil and Ors.
Date : 10-10-2024
Business : Adv. Khandesh Bagate for plaintiff present tendered amended
plaint and submitted that he will serve copy of amended plaint
on other side. None for defendant present. Notice of Motion
No.2735/2019 is pending for hearing since long. Record
reflects that one point of time it was under the caption of
dismissal in the year 2021. Since, then defendants have not
taken any steps for proceeding with the Notice of Motion
No.2735/2019 filed by them. It appears that defendants are not
interested in proceeding with Notice of Motion. Hence, Notice
of Motion No.2735/2019 is dismissed in default and for want
of prosecution. Parties to take note. Proceeding of Notice of
Motion No.2735/2019 in Suit No.371/2017 is closed.
Nature of Disposal : DISMISSED IN DEFAULT
Disposal Date : 10-10-2024
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Order 1
10 Oct 2024
Order Details: Notice of Motion
Pdf Text: Daily Status
IN THE COURT OF :COURT 65 ADDL SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0102735/2019
Shri. Chandraprakash Dadaji Patil Vs 1.Smt. Mira Dattaram Patil and Ors.
Date : 10-10-2024
Business : Adv. Khandesh Bagate for plaintiff present tendered amended
plaint and submitted that he will serve copy of amended plaint
on other side. None for defendant present. Notice of Motion
No.2735/2019 is pending for hearing since long. Record
reflects that one point of time it was under the caption of
dismissal in the year 2021. Since, then defendants have not
taken any steps for proceeding with the Notice of Motion
No.2735/2019 filed by them. It appears that defendants are not
interested in proceeding with Notice of Motion. Hence, Notice
of Motion No.2735/2019 is dismissed in default and for want
of prosecution. Parties to take note. Proceeding of Notice of
Motion No.2735/2019 in Suit No.371/2017 is closed.
Nature of Disposal : DISMISSED IN DEFAULT
Disposal Date : 10-10-2024
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