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NOTICE OF MOTION

Sambhaji Sopal Chavan And OrsVsGulam Dastagir Parkar

CNR MHCC01007782201859-Court 59 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHER
Decision Date: 01st September 2023

TrustJury record updated 14 Sept 2026

Case Overview

Registration Number
102413/2018
Registration Date
29 Jun 2018

Advocates

2

For Petitioner

Parties

2

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec 9

Case History / Proceedings

Case History
Date: 30-06-2018
Business: PO is on Leave.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 10-08-2018

Date: 10-08-2018
Business: Adv. Purnaik Present for the Plff.
Adv. Rohan Present for the Deft.
Ld counsel for the Deft filed registered NM 2413/18 alongwith affidavit. t.o.r.
Ld counsel for the Plff sought time to file reply to NM 2413/18. Time granted.
Adj. For reply of NM 2413/18 on 14/09/2018.
Next Purpose: REPLY
Next Hearing Date: 14-09-2018

Date: 14-09-2018
Business: Adv. Mahadik Present for the Plff.
None Present for the Deft.
Ld counsel for the Plff sought time to file reply to NM2413/18 as in view of the suit filed by third parties before Hon\''ble High Court therefore they have to modifiy their reply.
Hence adj. Granted as strictly last chance with direction to suppliy the copy to otherside so that matter can be heard.
Adj. For Reply and Hearing of NM 2413/18 on 25/10/2018.
Next Purpose: REPLY
Next Hearing Date: 25-10-2018

Date: 25-10-2018
Business: Adv. Purnaik Present for the Plff.
Adv. Jayesh Gawade Present for the Deft.
Ld counsel for the Plff filed reply to NM 2413/18. t.o.r. copy served to ld counsel for the Deft.
Ld counsel for Deft sought time to file rejoinder to the reply. Granted.
Adj. For Rejoinder and Hearing on NM 2413/18 on 03/12/2018.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-12-2018

Date: 03-12-2018
Business: Adv. Khopade Present for the Plff.
Adv. Hardik Deasi Present for the Deft.
On the oral request of the Ld counsel for the Deft. Adj. Granted.
Adj. For Hearing of NM 2413/18 on 05/01/2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-01-2019

Date: 05-01-2019
Business: Adv. Khopade Present for the Plff.
Adv. Nikhaliesh Mishra Present for the Deft.no.1.
Deft inperson Present.
On the oral request of the Ld counsel for the deft. no.1. adj. For filing rejoinder and hearing of NM 2413/18.
Adj. For Rejoinder of NM 2413/18 and Hearing on 23/01/2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-01-2019

Date: 23-01-2019
Business: Adv. Mahadik Present for the Plff.
Adv. Ruhan Present for the Deft. no.1. and deft inperson Present.
Adv. Bhavin Bhatia Present for the Applicant and filed VP. t.o.r.
On the oral request of the Ld counsel for the deft no.1. Adj. Granted strictly last chance granted.
LD counsel for the applicant filed Draft CS along-with affidavit.
Order- Heard. Leave granted. CS be registered. Copy be served upon Ld counsel for the Plff and Deft no.1. service affidavit be filed.
Adj. For CS Returnable and Hearing on NM 2413/18 on 22/02/2019.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 22-02-2019

Date: 22-02-2019
Business: Adv. Purnaik Present for the Plff.
Adv. Abhishek Mishra Present for the Applicant.
Adv. Hardik Deasi Present for the Deft. no.1.
Deft no. 1 Inperson present.
Applicant inperson Present.
LD counsel for the applicant tendered registered CS 173/19 along with affidavit. t.o.r.
LD counsel for applicant tendered additional affidavit in support of CS 173/19. copy supplied to Ld counsel for Deft no.1
Ld counsel for the plff and deft no.1 sought time for filing reply to CS 173/19. granted.
Adj. For Reply of CS 173/19 and Hearing of NM 2413/18 on 05/04/2019.
Next Purpose: C/S REPLY
Next Hearing Date: 05-04-2019

Date: 05-04-2019
Business: Adv. Purnaik Present for the Plff.
Adv. Hardik Deasi Present for the Deft.
Adv. Abhishek Mishra Present for the Applicant.
Ld counsel for the deft filed reply to CS 173/19. copy supplied upon otherside.
LD counsel for the plff sought time to filing reply to CS 173/19. granted.
Adj. for Reply of Cs 173/19 and Hearing of NM 2413/18 on 17/06/2019.
Next Purpose: C/S REPLY
Next Hearing Date: 17-06-2019

Date: 17-06-2019
Business: Adv. Purnaik Present for the Plff.
Adv. Hardik Deasi Present for the Deft.
Adv. Abhishek Mishra Present for the Applicant.
Adj. for Reply of Cs 173/19 and Hearing of NM 2413/18 on 06/07/2019.
Next Purpose: C/S REPLY
Next Hearing Date: 06-07-2019

Date: 06-07-2019
Business: H.H.J. is on Training
Next Purpose: C/S REPLY
Next Hearing Date: 20-07-2019

Date: 06-07-2019
Business: H.H.J. is on Training
Next Purpose: C/S REPLY
Next Hearing Date: 20-07-2019

Date: 06-07-2019
Business: H.H.J. is on Training
Next Purpose: C/S REPLY
Next Hearing Date: 20-07-2019

Date: 20-07-2019
Business: Adv. Puranik for plaintiff present.
Defendant (In-person) present.
Adv. Indira Labde for D-1 present.
Ld. counsel for applicant absent.
Matter adjd for NM and CS hearing on 31/08/2019.
Next Purpose: C/S  HEARING
Next Hearing Date: 31-08-2019

Date: 31-08-2019
Business: Plaintiff No.2 and defendant are present.
Matter adjd for CS hearing on 04/10/2019.
Next Purpose: C/S  HEARING
Next Hearing Date: 04-10-2019

Date: 04-10-2019
Business: Defendant (In-person) present.
Adv. Puranik for plaintiff present.
None present for D-1.
Adv. V. Chorua for applicant present.
On the request of Ld. Counsel for applicant hearing is adjourned.
Matter adjd for NM and CS hearing on 16/11/2019.
Next Purpose: C/S  HEARING
Next Hearing Date: 16-11-2019

Date: 16-11-2019
Business: HHJ is on leave.
Next Purpose: C/S  HEARING
Next Hearing Date: 11-12-2019

Date: 16-11-2019
Business: HHJ is on leave.
Next Purpose: C/S  HEARING
Next Hearing Date: 11-12-2019

Date: 16-11-2019
Business: HHJ is on leave.
Next Purpose: C/S  HEARING
Next Hearing Date: 11-12-2019

Date: 11-12-2019
Business: H.H.J. is on training
Next Purpose: C/S  HEARING
Next Hearing Date: 18-01-2020

Date: 11-12-2019
Business: H.H.J. is on training
Next Purpose: C/S  HEARING
Next Hearing Date: 18-01-2020

Date: 11-12-2019
Business: H.H.J. is on training
Next Purpose: C/S  HEARING
Next Hearing Date: 18-01-2020

Date: 18-01-2020
Business: Adv. Puranik for plaintiff present.
Applicant in-person is present.
Defendant is present.
Plff advocate states that plff do not want to file reply to the CS No.173/19 and and wants to argue the same.
Applicant in-person filed affidavit in rejoinder to the reply of deft, additional affidavit of applicant alongwith compilation of documents. t.o.r. O- seen.
Later on..
The Ld Adv appearing for plff has submitted that today the applicant  filed affidavit in rejoinder to the reply of deft, additional affidavit alongwith compilation of documents. Therefore if require, plff will file reply to the CS. Hence matter is adjourned for filing reply to the CS if any, and Argument.
Matter adjd for filing reply to the CS if any, and Argument on 18/02/2020 at 02.45 pm.
Next Purpose: C/S REPLY
Next Hearing Date: 18-02-2020

Date: 18-02-2020
Business: Adv. Demedios for plaintiff present.
Adv Bhavin Bhatiya for applicant present.
Adv. Jayesh Gawade for defendant present.
Ld adv for defendant states that he undertakes to V/N on next date.
Copy of rejoinder and additional affidavit is provided to the defendant advocate today in the court.
By consent both parties matter adjourned CS hearing.
Matter adjd for C/S hearing to 20-03-2020 at 2.45 pm.
Next Purpose: C/S  HEARING
Next Hearing Date: 20-03-2020

Date: 20-03-2020
Business: Adv Remedios for plaintiff present.
As per office order No. 66 of 2020 dated 16 March, 2020, the Hon''ble Principal Judge, is pleased to direct to take up only urgent matters in view of declaration of Novel Coronavirus (COVID-19) as global pandemic by World Health Organisation, in view of Hon''ble High Court, Bombay notification and advisory dated 14 March, 2020 and Hon''ble High Court of Bombay circular (Annexture -A) dated 16 March, 2020.
Matter adjd for CS hearing to 16-06-2020 at 2.45 pm.
Next Purpose: C/S  HEARING
Next Hearing Date: 16-06-2020

Date: 20-03-2020
Business: Adv Remedios for plaintiff present.
As per office order No. 66 of 2020 dated 16 March, 2020, the Hon''ble Principal Judge, is pleased to direct to take up only urgent matters in view of declaration of Novel Coronavirus (COVID-19) as global pandemic by World Health Organisation, in view of Hon''ble High Court, Bombay notification and advisory dated 14 March, 2020 and Hon''ble High Court of Bombay circular (Annexture -A) dated 16 March, 2020.
Matter adjd for CS hearing to 16-06-2020 at 2.45 pm.
Next Purpose: C/S  HEARING
Next Hearing Date: 16-06-2020

Date: 16-06-2020
Next Purpose: C/S  HEARING
Next Hearing Date: 05-09-2020

Date: 16-06-2020
Next Purpose: C/S  HEARING
Next Hearing Date: 05-09-2020

Date: 16-06-2020
Next Purpose: C/S  HEARING
Next Hearing Date: 05-09-2020

Date: 05-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S  HEARING
Next Hearing Date: 29-10-2020

Date: 05-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S  HEARING
Next Hearing Date: 29-10-2020

Date: 05-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S  HEARING
Next Hearing Date: 29-10-2020

Date: 29-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S  HEARING
Next Hearing Date: 25-01-2021

Date: 25-01-2021

Date: 26-04-2021
Business: Court is vacant
Next Purpose: C/S  HEARING
Next Hearing Date: 28-07-2021

Date: 26-04-2021
Business: Court is vacant
Next Purpose: C/S  HEARING
Next Hearing Date: 28-07-2021

Date: 26-04-2021
Business: Court is vacant
Next Purpose: C/S  HEARING
Next Hearing Date: 28-07-2021

Date: 28-07-2021
Business: Due to COVID-19 matter adj. to
Next Purpose: C/S  HEARING
Next Hearing Date: 02-09-2021

Date: 02-09-2021
Business: Board is discharged.  Matter adj. to
Next Purpose: C/S  HEARING
Next Hearing Date: 09-11-2021

Date: 02-09-2021
Business: Board is discharged.  Matter adj. to
Next Purpose: C/S  HEARING
Next Hearing Date: 09-11-2021

Date: 02-09-2021
Business: Board is discharged.  Matter adj. to
Next Purpose: C/S  HEARING
Next Hearing Date: 09-11-2021

Date: 09-11-2021
Business: Court is Vacant.
Next Purpose: C/S  HEARING
Next Hearing Date: 03-01-2022

Date: 09-11-2021
Business: Court is Vacant.
Next Purpose: C/S  HEARING
Next Hearing Date: 03-01-2022

Date: 03-01-2022
Business: Court is Vacant.
Next Purpose: C/S  HEARING
Next Hearing Date: 25-02-2022

Date: 25-02-2022
Business: COURT IS VACANT
Next Purpose: C/S  HEARING
Next Hearing Date: 25-04-2022

Date: 25-04-2022
Business: AS PO IS ON TRAINING HENCE MATTER ADJD TO
Next Purpose: C/S  HEARING
Next Hearing Date: 01-08-2022

Date: 25-04-2022
Business: AS PO IS ON TRAINING HENCE MATTER ADJD TO
Next Purpose: C/S  HEARING
Next Hearing Date: 01-08-2022

Date: 25-04-2022
Business: AS PO IS ON TRAINING HENCE MATTER ADJD TO
Next Purpose: C/S  HEARING
Next Hearing Date: 01-08-2022

Date: 01-08-2022
Business: Matter called out at 4.50 p.m.
Plaintiff  in person present and his advocate is absent.
Applicant present.
Adv Rohit Yadav I/b Bhavin Bhatia for applicant present in chamber summons.
None present for defendant.
Matter is adjd on 16.09.2022  for  Ch/s Hearing
Next Purpose: C/S  HEARING
Next Hearing Date: 16-09-2022

Date: 01-08-2022
Business: Matter called out at 4.50 p.m.
Plaintiff  in person present and his advocate is absent.
Applicant present.
Adv Rohit Yadav I/b Bhavin Bhatia for applicant present in chamber summons.
None present for defendant.
Matter is adjd on 16.09.2022  for  Ch/s Hearing
Next Purpose: C/S  HEARING
Next Hearing Date: 16-09-2022

Date: 01-08-2022
Business: Matter called out at 4.50 p.m.
Plaintiff  in person present and his advocate is absent.
Applicant present.
Adv Rohit Yadav I/b Bhavin Bhatia for applicant present in chamber summons.
None present for defendant.
Matter is adjd on 16.09.2022  for  Ch/s Hearing
Next Purpose: C/S  HEARING
Next Hearing Date: 16-09-2022

Date: 16-09-2022
Business: Matter called out at 4.04 pm
Applicant in Ch/s 173/19 present
Adv Swati I/b Uma Wagle for plff present and undertakes to file Vakalatnama on next date.
None for defendant
Adv for plff seeks time for argument.  Granted.
Matter is adjd on 17.11.2022 for C/s Hrg
Next Purpose: C/S  HEARING
Next Hearing Date: 17-11-2022

Date: 17-11-2022
Business: None for plff
Adv Jitesh Jadhav on behalf of Uma Kshirsagar for applicant present.
Matter is adjd on 10/01/2023 for Ch/s Hrg
Next Purpose: C/S  HEARING
Next Hearing Date: 10-01-2023

Date: 17-11-2022
Business: None for plff
Adv Jitesh Jadhav on behalf of Uma Kshirsagar for applicant present.
Matter is adjd on 10/01/2023 for Ch/s Hrg
Next Purpose: C/S  HEARING
Next Hearing Date: 10-01-2023

Date: 17-11-2022
Business: None for plff
Adv Jitesh Jadhav on behalf of Uma Kshirsagar for applicant present.
Matter is adjd on 10/01/2023 for Ch/s Hrg
Next Purpose: C/S  HEARING
Next Hearing Date: 10-01-2023

Date: 10-01-2023
Business: Matter called out at 3.13 pm
Adv Swati Raut for plff present and seeks time for argument.  Granted.
Adv  for Applicant in ch/s present
None for defendant.
Matter is adjd on 16.02.2023 for NM Hrg
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-02-2023

Date: 16-02-2023
Business: Adv. Jitesh Jadhav for plaintiff present.
Adv. Sunil Pandey for applicant in Ch/s present and seeks time for argument. Other side has no objection. O- adjournment granted.
Matter is adjd on 13-04-2023 for N/m hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-04-2023

Date: 16-02-2023
Business: Adv. Jitesh Jadhav for plaintiff present.
Adv. Sunil Pandey for applicant in Ch/s present and seeks time for argument. Other side has no objection. O- adjournment granted.
Matter is adjd on 13-04-2023 for N/m hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-04-2023

Date: 16-02-2023
Business: Adv. Jitesh Jadhav for plaintiff present.
Adv. Sunil Pandey for applicant in Ch/s present and seeks time for argument. Other side has no objection. O- adjournment granted.
Matter is adjd on 13-04-2023 for N/m hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-04-2023

Date: 13-04-2023
Business: Matter called out at 3.04 pm
Adv. Swati Jadhav for plaintiff present.
None for defendant
None present for applicant in Ch/s.
Matter is adjd on 03-07-2023 for Nm hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-07-2023

Date: 03-07-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
Adv.Bhavin Bhatia applicant present in chamber summons.
Adv.Jitesh jadhav h/f Adv.Uma Kashirsagar Wagle for plaintiff present.
None for defendant.
By consent of both the parties, matter is adj to 02/08/2023 for argument on N/M and reply on C/S.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-08-2023

Date: 03-07-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
Adv.Bhavin Bhatia applicant present in chamber summons.
Adv.Jitesh jadhav h/f Adv.Uma Kashirsagar Wagle for plaintiff present.
None for defendant.
By consent of both the parties, matter is adj to 02/08/2023 for argument on N/M and reply on C/S.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-08-2023

Date: 03-07-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
Adv.Bhavin Bhatia applicant present in chamber summons.
Adv.Jitesh jadhav h/f Adv.Uma Kashirsagar Wagle for plaintiff present.
None for defendant.
By consent of both the parties, matter is adj to 02/08/2023 for argument on N/M and reply on C/S.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-08-2023

Date: 02-08-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
Adv.Mrs.Uma Kshirsagar Wagle for plaintiff present.
None for defendant.
N/M is moved by defendant and it is for argument.  It seems that defendant is not interested to proceed with N/M.  Hence, keep for dismissal order.  Similarly C/S taken by third party who is absent today.  It shows that applicant is not interested to proceed with C/S.  Hence, keep for dismissal order.
Matter is adj to 01/09/2023 for dismissal N/M and C/S.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 01-09-2023

Date: 02-08-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
Adv.Mrs.Uma Kshirsagar Wagle for plaintiff present.
None for defendant.
N/M is moved by defendant and it is for argument.  It seems that defendant is not interested to proceed with N/M.  Hence, keep for dismissal order.  Similarly C/S taken by third party who is absent today.  It shows that applicant is not interested to proceed with C/S.  Hence, keep for dismissal order.
Matter is adj to 01/09/2023 for dismissal N/M and C/S.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 01-09-2023

Date: 02-08-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
Adv.Mrs.Uma Kshirsagar Wagle for plaintiff present.
None for defendant.
N/M is moved by defendant and it is for argument.  It seems that defendant is not interested to proceed with N/M.  Hence, keep for dismissal order.  Similarly C/S taken by third party who is absent today.  It shows that applicant is not interested to proceed with C/S.  Hence, keep for dismissal order.
Matter is adj to 01/09/2023 for dismissal N/M and C/S.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 01-09-2023

Date: 01-09-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
Adv.Bhavin Bhatia applicant present in chamber summons.
None for plaintiff.
None for defendant.
Defendant failed to argue N/M hence it is dismissal for want of prosecution.  Accordingly N/M No.2413/2018 be disposed of.
Nature Of Disposal: OTHER
Disposal Date: 01-09-2023

Additional Case Details

Additional Case Details
Filing Number: 108611/2018
Filing Date: 29-06-2018
First Hearing Date: 30th June 2018
Decision Date: 01st September 2023
Court Number And Judge: 59-Court 59 ADDL SESSIONS JUDGE

Orders

2
Final Order 1
01 Sept 2023
Order Details: Notice of Motion
Pdf Text: 56 TO 58
01/09/2023
SUIT 4938/08
NM 2413/18
CS 173/19
CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
Adv.Bhavin Bhatia applicant present in chamber summons.
None for plaintiff.
None for defendant.
Defendant failed to argue N/M hence it is dismissal for want of
prosecution. Accordingly N/M No.2413/2018 be disposed of.
Heard Ld.Adv. for applicant in C/S.
Matter is adj to 06/09/2023 for order on C/S.
Judge
-- 1 of 1 --
Order 1
01 Sept 2023
Order Details: Notice of Motion
Pdf Text: 56 TO 58
01/09/2023
SUIT 4938/08
NM 2413/18
CS 173/19
CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
Adv.Bhavin Bhatia applicant present in chamber summons.
None for plaintiff.
None for defendant.
Defendant failed to argue N/M hence it is dismissal for want of
prosecution. Accordingly N/M No.2413/2018 be disposed of.
Heard Ld.Adv. for applicant in C/S.
Matter is adj to 06/09/2023 for order on C/S.
Judge
-- 1 of 1 --

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