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NOTICE OF MOTION

Shivajirao Bajirao GhodkeVsAnand Jadhav +4 more

CNR MHCC01007592201962-COURT 62 AD-HOC ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 22nd February 2023

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
102753/2019
Registration Date
23 Jul 2019

Advocates

2

For Petitioner

For Respondent

Parties

6

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec 9

Case History / Proceedings

Case History
Date: 25-07-2019
Business: Adv. Patil present for Plaintiff and filed requisite documents. t.o.r.
Adv. Suresh Kolte present for Defendant and tendered registered N/M Nos. 2752/19 and 2753/19.  T.o.r.
As the Court is busy in Hearing Arguments of Notice of motion in Suit No. 7488/83, hence Board is Discharged
Case is adjourned to 19/9/2019 for N/M. Hearing.
Earlier order to continue till next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-09-2019

Date: 19-09-2019
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-11-2019

Date: 22-11-2019
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-02-2020

Date: 05-02-2020
Business: Plaintiff present. Advocate Mr. Bal Patil for Plaintiff present
Advocate Mr. Kolte for Defendants present and served copies of NM no.2752/19 and 2753/19 served upon advocate for Plaintiff. Advocate for Defendants also filed reply to NM No.3101/18, t.o.r. advocate for Defendants also filed Written Statement.  It is made clear that, Written Statement will be accepted, subject to decision of Notice of Motion no.2752/19 and 2753/19.
Earlier order to continue till next date.
Case is adjourned to 30/03/2020 for reply of NM no.2753/19 and 2753/19 and hearing of NM no.3101/18.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-03-2020

Date: 30-03-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-04-2020

Date: 30-03-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-04-2020

Date: 15-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-04-2020

Date: 15-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-04-2020

Date: 15-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-04-2020

Date: 15-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-04-2020

Date: 22-04-2020
Business: National Lock down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-06-2020

Date: 02-06-2020
Business: Case is adjd.to 19.06.20 in view of extension of Lockdown period as per office order no.83/20 dtd.01.06.20
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-06-2020

Date: 19-06-2020
Business: National Lock down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-08-2020

Date: 19-06-2020
Business: National Lock down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-08-2020

Date: 19-06-2020
Business: National Lock down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-08-2020

Date: 19-06-2020
Business: National Lock down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-08-2020

Date: 17-08-2020
Business: Adjourned due to Covid -19.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-10-2020

Date: 16-10-2020
Business: None present for Plaintiffs.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 18.01.2021
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-01-2021

Date: 16-10-2020
Business: None present for Plaintiffs.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 18.01.2021
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-01-2021

Date: 18-01-2021
Business: None present for plaintiff.
Adv Mr. Rajesh Patil for defendants present.
As nobody present for plaintiff, considering present pandemic
condition matter is adjd. for NM reply to 20.04.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-04-2021

Date: 20-04-2021
Business: None present for both the parties.
Due to Covid-19 Pandemic and SOP issued by Honble High Court, as both parties are absent, matter adjourned at same stage beyond Summer Vacation.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-07-2021

Date: 20-04-2021
Business: None present for both the parties.
Due to Covid-19 Pandemic and SOP issued by Honble High Court, as both parties are absent, matter adjourned at same stage beyond Summer Vacation.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-07-2021

Date: 20-04-2021
Business: None present for both the parties.
Due to Covid-19 Pandemic and SOP issued by Honble High Court, as both parties are absent, matter adjourned at same stage beyond Summer Vacation.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-07-2021

Date: 20-04-2021
Business: None present for both the parties.
Due to Covid-19 Pandemic and SOP issued by Honble High Court, as both parties are absent, matter adjourned at same stage beyond Summer Vacation.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-07-2021

Date: 15-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-09-2021

Date: 15-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-09-2021

Date: 15-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-09-2021

Date: 15-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-09-2021

Date: 02-09-2021
Business: None present for plaintiff.
Adv Ms. Jyoti Patil h/f. Adv. Suresh Kolte for deft present.
Plaintiff failed to file reply to N.M.No.2752/2019 and 2753/2019 hence, those NM to proceed without reply of the plaintiff.
Adv. for the deft seeks adjournment.
As nobody is present for the plff, matter is adjd. for hearing in N.M.No.2752/2019, 2753/2019 and 3101/2018 to 21.10.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-10-2021

Date: 21-10-2021
Business: dv Mr. Abdul Shaikh present for applicant/proposed plff.and filed vakalatnama on behalf of proposed legal heirs of plff. He also filed draft Ch/s along with affidavit in support for bringing on record HLRs of plff. O- Leave to register is granted with direction to serve the deft.
Adv Mr. Suresh Kolte present for defts.
Copy of draft ch/s served on adv. for deft.
Matter is adjd. for CS reply to 09.12.2021.
Next Purpose: C/S REPLY
Next Hearing Date: 09-12-2021

Date: 09-12-2021
Business: Adv. Mr. Abdul Shaikh for applicant present in Ch/s No.1631/2021  and tendered said Ch/s alongwith affidavit in support.
None present for deft.
Matter is adjd. for Ch/s reply to 21.01.2022.
Next Purpose: C/S REPLY
Next Hearing Date: 21-01-2022

Date: 21-01-2022
Business: Court is on leave.
Next Purpose: C/S REPLY
Next Hearing Date: 19-03-2022

Date: 21-01-2022
Business: Court is on leave.
Next Purpose: C/S REPLY
Next Hearing Date: 19-03-2022

Date: 19-03-2022
Business: None present for plff.
Chairman Mr. Sunil Gadakh of Deft No.10 present.
Adv Mr. Suresh Kolte present for defts.and filed affidavit in reply to      Ch/s No.1631/2021.
As nobody is present for the plff, matter is adjd. for Ch/s hearing to 18.06.2022.
Next Purpose: C/S  HEARING
Next Hearing Date: 18-06-2022

Date: 18-06-2022
Business: Court on leave
Next Purpose: C/S  HEARING
Next Hearing Date: 06-08-2022

Date: 06-08-2022
Business: Adv.Abdul Shaikh for applicants present.
Adv.Sanju Das h/f.Adv.Suresh Kolte for deft. present.
Heard the Ld.Adv.for pltff in Ch/s. No.1631/21. Adv. for deft. requested time for argument. Considering the nature of chamber summons request rejected.
Matter adjd to 20.08.2022 for Ch/s. Order.
Next Purpose: CH/S ORDERS
Next Hearing Date: 20-08-2022

Date: 20-08-2022
Business: None present for plaintiff.
Adv.Suresh Kolte for all defendants present.
ORDER IN CHAMBER SUMMONS NO.1631/2021
This chamber summons is taken out by the plaintiffs legal heirs. The plaintiff has expired on 27.05.2021. The applicants are his legal heirs. The suit is for declaration and possession. Objection is raised in respect to the delay. Considering the nature of suit and reasons stated in the chamber summons the chamber summons is required to be allowed however, subject to costs. Hence, I pass the following order.
ORDER
1.Chamber Summons No.1631/2021 is allowed subject to costs of Rs.1,000/- (Rupees One Thousand Only).
2. Delay is condoned. Abatement is set aside.
3. The applicants are allowed to carry out necessary amendments in the plaint and thereafter shall serve the amended copy of plaint to the defendants.
4. Chamber Summons is disposed of accordingly.
Matter adjd to 07.11.2022 for compliance, hearing in NM No.3101/18 and order against pltff in respect of NM 2752/19, NM 2753/19.
Next Purpose: COMPLIANCE
Next Hearing Date: 07-11-2022

Date: 07-11-2022

Date: 05-01-2023
Business: Adv.Bal Patil for plaintiff present.
Adv.Kolte for defendants present.
Heard both the sides in NM 2752/2019 and NM 2753/2019.
Earlier order of interim relief if any to continue till next date.
Matter adjd to 04.02.2023 for order in NM 2752/2019 and NM 2753/2019.
Next Purpose: NM  ORDERS
Next Hearing Date: 04-02-2023

Date: 04-02-2023
Business: Adv.Saurabh Desai h/f. Bal Patil for plaintiff present.
Adv.Sanjeev Das for defendants present.
Earlier order of interim relief if any to continue till next date.
LO at 05.20 pm
(As Court is busy in dictating judgment in SU 523/2020 and chamber summons No.996/2022, hence, adjourned.)
Matter adj. to 22.02.2023 for NM order.
Next Purpose: NM  ORDERS
Next Hearing Date: 22-02-2023

Date: 22-02-2023
Business: Adv.Saurabh Desai h/f.Adv.Bal Patil for plaintiff present.
Adv.Sanjiv Das for defendant present.
Earlier order of interim relief if any to continue till next date.
KB
LO at 05.15 pm
F.R.S.R. the following order is passed.
ORDER
1. Notice of Motion No.2752/2019 is allowed subject to costs of Rs.1000/- (Rupees One Thousand).
2. No written statement order dated 05.04.2019 passed against the defendants is set aside. They are allowed to file written statement.
3. Costs shall be paid to the plaintiff.
4. Notice of Motion No.2752/2019 is disposed of accordingly.
F.R.S.R. the following order is passed.
ORDER
1. Notice of Motion No.2753/2019 is allowed subject to costs of Rs.1000/- (Rupees One Thousand).
2. Order dated 05.04.2019 of no reply to notice of motion No.3101/2018 passed against the defendant is set aside.
3. Costs shall be paid to the plaintiff.
4. Notice of Motion No.2753/2019 is disposed of accordingly.
Nature Of Disposal: ALLOWED
Disposal Date: 22-02-2023

Additional Case Details

Additional Case Details
Filing Number: 108165/2019
Filing Date: 23-07-2019
First Hearing Date: 25th July 2019
Decision Date: 22nd February 2023
Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE

Orders

1
Final Order 1Full order available
22 Feb 2023

Order Details: Notice of Motion Pdf Text: 1 NM 2753/2019 MHCC010075922019 IN THE BOMBAY CITY CIVIL COURT AT MUMBAI NOTICE OF MOTION NO. 2753 OF 2019 IN SUIT NO. 1684 OF 2018 Shivajirao Bajirao Ghodke ...Plaintiff. Vs. 1. Anand Jadhav & Ors. ...Defendants Appearance : Adv. Mr. Bal Patil for the plaintiffs. Adv. Mr. Suresh Kolte for the defendants. CORAM : HHJ Rajesh A. Sasne (C.R.NO.62) Date : 22nd February, 2023 O R D E R This notice of motion…

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