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NOTICE OF MOTION

Kalavati Vishwanath Tiwari And OrsVsShamraj Laxmishankar Tiwari And Ors

CNR MHCC0100785620193-COURT 03 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHER
Decision Date: 17th November 2025

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
102842/2019
Registration Date
30 Jul 2019

Advocates

1

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 03-09-2019
    Business: THE COURT IS ON LEAVE
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 13-09-2019
    
    Date: 13-09-2019
    Business: Adv. Noman Shaikh for plaintiff no. 2 present.
    Adv. Surya Das for defendant no. 1 and 3 present.
    Adv. R. S. Yadav for defendant no. 8 to 12 present.
    Adv. Aathavale for defendant no. 13 present.
    Ld. counsel for defendant sought time to file reply on the ground that copy of NM not served on them. Ld. counsel for plaintiff undertakes to serve the copy within three days. Time granted to file reply to NM.
    Matter stands Adj for reply to NM to 10.10.19.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 10-10-2019
    
    Date: 10-10-2019
    Business: Adv. Suryadas for plaintiff no. 1 present.
    Adv. Noman Shaikh for plaintiff no. 2 present and filed affidavit of service of NM no. 2842/19
    Adv. Aaishwarya for defendant no.13 present and filed reply in NM no. 2842/19.
    Heard both sides. Ld. counsel for plaintiff submitted that Adv. R. R Sharma for defendant no. 8 to 12 has informed him to seeks adjournment on his behalf for submitting reply. Time granted.
    Matter stands Adj for reply to NM on 21.11.19.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 21-11-2019
    
    Date: 21-11-2019
    Business: Adv. Surya Das for plaintiff no. 1 and 3 present.
    Adv. Aathavale for defendant no. 13 present.
    By consent, Matter stands Adj for reply to 17.01.20.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-01-2020
    
    Date: 17-01-2020
    Business: Adv. Surya Das for plaintiff present.
    Adv. Aishwarya for defendant no. 13 present.
    By consent, Matter stands Adj for reply/rejoinder to NM on 12.02.2020.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 12-02-2020
    
    Date: 12-02-2020
    Business: The court is on leave
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 24-03-2020
    
    Date: 24-03-2020
    Business: adjourned
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 03-04-2020
    
    Date: 03-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-04-2020
    
    Date: 17-04-2020
    Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 77 of 2020 matter adjourned.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 06-05-2020
    
    Date: 06-05-2020
    Business: In view of declaration of Novel Corona Virus(COVID-19) as global pandemic by WHO and as per office order No. 77 of 2020, matter adjourned.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 28-05-2020
    
    Date: 28-05-2020
    Business: In view 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: NM REPLYREJOINDER
    Next Hearing Date: 15-06-2020
    
    Date: 15-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 09-09-2020
    
    Date: 09-09-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 25-11-2020
    
    Date: 25-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 15-01-2021
    
    Date: 15-01-2021
    Business: None present.
    The case is adjourned to 08.02.2021 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 08-02-2021
    
    Date: 08-02-2021
    Business: Plaintiff no.3 present and submits that her advocate is out of town.
    Advocate for Plaintiffs absent.
    Advocate R.S.Yadav for defendant no.8 to 12 present.
    None for other defendants.
    The case is adjourned to 26.02.2021 for NM reply/NM hearing.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 26-02-2021
    
    Date: 26-02-2021
    Business: None for Plaintiff
    Adv. R.S.Yadav for defendants 8 to 12 present.
    None for other defendants.
    The case is adjourned to 16.04.2021 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-04-2021
    
    Date: 16-04-2021
    Business: Declared holiday as per Office Order 81 of 2021
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 07-07-2021
    
    Date: 07-07-2021
    Business: Court is vacant
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 31-08-2021
    
    Date: 31-08-2021
    Business: Matter called out at 04.06 p.m.
    Adv. Suryadas filed Vakalatnama with no objection of earlier advocate on behalf of Plaintiff No. 2. TOR. Exh.10
    O-Seen and filed.
    None present for defendant.
    Matter stands adjourned to 24.09.2021 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 24-09-2021
    
    Date: 24-09-2021
    Business: PO is on leave in second session.
    Hence, Court is discharge.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 11-11-2021
    
    Date: 11-11-2021
    
    Date: 16-12-2021
    Business: Matter mentioned at 3.14 p.m.
    Adv. Surya Das for plaintiff present.
    None present for defendant.
    Matter stands adjourned to 21.01.2022 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 21-01-2022
    
    Date: 21-01-2022
    Business: None present.
    Matter stands adjourned to 21.02.2022 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 21-02-2022
    
    Date: 21-02-2022
    Business: Matter called out at 3.11 p.m.
    Adv. Surya Das for plaintiff. no.1 tendered VP on behalf of plaintiff. No.2. TOR. Exh.10.
    O-seen and filed.
    None present for defendant.
    Matter stands adjourned to 30.03.2022 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 30-03-2022
    
    Date: 30-03-2022
    Business: Matter called out at 3.56 p.m.
    None present.
    Matter stands adjourned to 05.05.2022 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 05-05-2022
    
    Date: 05-05-2022
    Business: Adv. Surya Das for plaintiff present.
    None present for defendant.
    As court is busy in hearing in Kaccha. Com. 51/2022 and EA 346/17.
    Matter stands adjourned to 07.07.2022 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 07-07-2022
    
    Date: 07-07-2022
    Business: None present for plaintiff.
    Adv. Dhananjay Athawale for Deft. no.13 present.
    Matter stands adjourned to 22.08.2022 for reply/NM hearing.
    Next Purpose: REPLY
    Next Hearing Date: 22-08-2022
    
    Date: 22-08-2022
    Business: None present for plaintiff.
    Adv. Manisha Jaiswar for Deft. no.8 to 12 present.
    Matter stands adjourned to 10.11.2022 for Reply.
    Next Purpose: REPLY
    Next Hearing Date: 10-11-2022
    
    Date: 10-11-2022
    Business: Adv. Surya Das for plaintiff present.
    Adv. R. S. Sharma for Deft. no.8 to 12 present. He is seeking time. Time granted.
    Matter stands adjourned to 16.12.2022 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 16-12-2022
    
    Date: 16-12-2022
    Business: None present.
    Matter stands adjourned to 14.02.2023 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 14-02-2023
    
    Date: 14-02-2023
    Business: Adv. Surya Das for plaintiff present. He has submitted that he came into know yesterday that defendant No.4 has expired during covid. Plaintiff to take steps.
    None for defendant.
    Matter stands adjourned on 28.03.2023 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 28-03-2023
    
    Date: 28-03-2023
    Business: None present.
    Matter stands adjourned on 04.07.2023 for steps.
    Later on at 4.05 p.m.
    Adv. Surya Das for plaintiff present. He tendered draft CS a/w
    affidavit in support.
    O-Leave granted to register draft CS.
    Draft CS is handed over to the advocate of plaintiff.
    Matter already adjourned on 04.07.2023 for steps/CS reply.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 04-07-2023
    
    Date: 04-07-2023
    Business: Adv Surya Das for Plaintiff present and tendered registered Ch/s No. 596/23 along with affidavit in support. TOR.
    Adv Manjusha Dubey for defendant present seeks time for reply to Ch/s. Time granted.
    Matter stands adjourned on 29-08-2023 for Ch/s reply
    Next Purpose: C/S REPLY
    Next Hearing Date: 29-08-2023
    
    Date: 29-08-2023
    Business: None for Plaintiff present.
    Adv Lata Wadhwani for defendant no.13 present.
    Matter stands adjourned on 23-10-2023 for Ch/s hearing.
    Next Purpose: C/S REPLY
    Next Hearing Date: 23-10-2023
    
    Date: 23-10-2023
    Business: None present for Plaintiff.
    Adv present for Defendant no.13 and filed reply to Ch/s No.596/2023. TOR.
    Matter stands adjourned on 19-12-2023 for reply on Ch/s.
    Next Purpose: C/S REPLY
    Next Hearing Date: 19-12-2023
    
    Date: 19-12-2023
    Business: Plaintiff no. 2 in person present.
    None present for Defendant.
    Matter stands adjourned on 16-02-2024 for reply on Ch/s.
    Next Purpose: C/S REPLY
    Next Hearing Date: 16-02-2024
    
    Date: 16-02-2024
    Business: None for Plaintiff present.
    Advocate Dhananjay Athavle for defendant present.
    Matter stands adjourned on  04-04-2024 for CS reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 04-04-2024
    
    Date: 04-04-2024
    Business: CORAM - H.H.J. SMT. A. B. SHARMA (CR. 03)
    None for Plaintiff present.
    Adv. Manisha Jaiswar h/f Adv. R. R. Mishra for defendant no. 8 and 10 to 12  present.
    The roznama indicates that since 29.08.2023 nobody was present for the plaintiff. On 23.10.2023 the defendant no. 13 has filed reply on the Ch/s. On 19.12.2023 the plaintiff no. 2 in person was present. On last date nobody was present for the plaintiff. Other defendants are not filed reply on the ch/s. Therefore matter be kept for hearing on the Ch/s.
    Both the parties are directed to argue on the Ch/s on next date without fail.
    Matter stands adjourned on 26-04-2024 for C/s hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 26-04-2024
    
    Date: 26-04-2024
    Business: Adv. Surya Das for Plaintiff present.
    Adv. Manisha Jaiswal h/f Adv. R R Sharma for defendant no. 1 and 10 to 12 present.
    Adv. Athawale for defendant no. 13 present.
    Matter stands adjourned on 02.07.2024 for CS hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 02-07-2024
    
    Date: 02-07-2024
    Business: None for Plaintiff present.
    Adv. Dhananjay Ahtawale for defendant No.13 present.
    Matter stands adjourned on 19-08-2024 for CS hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 19-08-2024
    
    Date: 19-08-2024
    Business: At afternoon session P. O. is on leave.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 09-10-2024
    
    Date: 09-10-2024
    Business: Adv. Surya Das for Plaintiff present.
    Adv. Dhananjay Athavale for defendant present.
    Matter stands adjourned on 03-12-2024 for CS hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 03-12-2024
    
    Date: 03-12-2024
    Business: P.O. is on Leave.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 03-02-2025
    
    Date: 03-02-2025
    Business: CORAM - H.H.J. SMT. A. B. SHARMA (CR. 03)
    None for Plaintiff present.
    Adv. Dhananjay Athavale for defendant No.13 present.
    The Plaintiff is directed to serve CS on proposed respondent Nos. 1 to 4.
    Matter stands adjourned on 19-03-2025 for CS service.
    Next Purpose: CHAMBER SUMMONS SERVICE
    Next Hearing Date: 19-03-2025
    
    Date: 19-03-2025
    Business: P.O. is on Leave.
    Next Purpose: CHAMBER SUMMONS SERVICE
    Next Hearing Date: 12-06-2025
    
    Date: 12-06-2025
    Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
    None present.
    The plaintiff failed to serve Chamber Summons upon proposed respondents, hence, kept for necessary order to be passed on next date.
    Matter stands adjourned on 30-10-2025 for necessary order.
    Next Purpose: ORDER
    Next Hearing Date: 30-10-2025
    
    Date: 30-10-2025
    Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
    None present.
    Kept back. Advocate for defendant No. 13 present.
    Copy of consent terms filed on 15.10.2013 tentatively marked at Exh.10.
    On perusal of plaint it is seen that The plaintiff has not filed documents like property card, share certificate, photo pass or equivalent documents  in terms of Para 8, Chapter 2 of Civil Manual. Moreover he failed to serve chamber summons upon heirs of defendant No. 4 and 9. This is suit for partition. Hence, it can be dismissed for want of service as those defendants would be necessary parties. However the plaintiff is granted time till next date to comply aforesaid provisions of manual else the plaint will be rejected as not duly instituted.
    Matter stands adjourned for order/compliance to 17-11-2025.
    Next Purpose: ORDER
    Next Hearing Date: 17-11-2025
    
    Date: 17-11-2025
    Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
    None present.
    In view of order dtd. 30.10.2025 the suit stands dismissed for want of prosecution. Accordingly Chamber Summons and Notice of Motion stand disposed of.
    Nature Of Disposal: OTHER
    Disposal Date: 17-11-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 108394/2019
    Filing Date: 30-07-2019
    First Hearing Date: 03rd September 2019
    Decision Date: 17th November 2025
    Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    17 Nov 2025
    Order Details: Notice of Motion
    Pdf Text: 1 C.R. No.03
    17.11.2025
    Sr. No. 11
    SU 2842/12
    CS 596/23
    NM 2842/19
    CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
    None present.
    In view of order dtd. 30.10.2025 the suit stands dismissed for want
    of prosecution. Accordingly Chamber Summons and Notice of
    Motion stand disposed of.
    Judge
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