NOTICE OF MOTION
Ashok Sunderrao Kothare - Suit St. No. 8283 of 2019VsMCGM And Ors
CNR MHCC0100792820194-COURT 04 AD-HOC JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 02nd December 2023
TrustJury record updated 21 Sept 2026
Case Overview
- Registration Number
- 102874/2019
- Registration Date
- 01 Aug 2019
Advocates
1For Petitioner
For Respondent
Not available
Parties
2Respondent
Acts & Sections
1Protection of Women from Domestic Violence Act · Sec 9
Case History / Proceedings
Case History
Date: 21-08-2019 Business: (Incharge Court of C.R.No.8) Adv. Mr. S.S. Lanke for Plaintiff present. Adv. Mr. Khandagale for Defendant/MCGM present. Earlier order, if any, to continue till next date. Adjd to 16.10.2019 for directions. Next Purpose: DIRECTIONS Next Hearing Date: 16-10-2019 Date: 16-10-2019 Reason For Adjournment: court time is over Next Purpose: NOTICE OF MOTION Next Hearing Date: 13-01-2020 Date: 13-01-2020 Business: Adv.Lanke for plaintiff present. Adv.Mrs.Patil h/f Adv.Patil for MCGM/Defendant present. Heard Ld.Adv.Shri Lanke for the plaintiff and Ld.Adv.Patil the roznama transfires that my Ld. Predecessor has passed order dtd. 26.07.2019 and again on 21.12.2019 he has passed ad-interim order on NM-4890/19 by taking reference of earlier order passed dtd. 26.07.2019 he has rejected the ad-interim relief. Therefore, at present there is not ad-interim injunction remains in existence in favor of plaintiff considering the progress in the proceeding that is roznama. Adjd to 07.02.2020 for NM reply NM rejoinder-4890/19 and NM No-2874/19 reply by defendant. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 07-02-2020 Date: 07-02-2020 Business: Adv.Karan Chavan for plaintiff present and tendered draft ch/s along with affidavit in support. Leave to register is granted. Adv. Khandagle for MCGM/Deft. present. On oral request of advocate for plaintiff, adjournment granted as last chance. Time granted for service of writ of summons. Matter adjd to 23.03.2020 for Service and reply to ch/s/ rejoinder to NM reply-4890/19. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 23-03-2020 Date: 23-03-2020 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: 22-04-2020 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: 02-06-2020 Date: 02-06-2020 Business: due to lockdown Next Purpose: NM REPLYREJOINDER Next Hearing Date: 19-06-2020 Date: 19-06-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: NM REPLYREJOINDER Next Hearing Date: 14-09-2020 Date: 14-09-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: NM REPLYREJOINDER Next Hearing Date: 19-10-2020 Date: 19-10-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: NM REPLYREJOINDER Next Hearing Date: 26-11-2020 Date: 26-11-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: NOTICE OF MOTION Next Hearing Date: 28-01-2021 Date: 28-01-2021 Business: Matter adjd to 03/03/2021 for Service and Reply to Ch/s/ Rejoinder in NM. Next Purpose: NOTICE OF MOTION Next Hearing Date: 03-03-2021 Date: 03-03-2021 Business: Matter adjd to 19/04/2021 for Service and Reply to Ch/s/ Rejoinder in NM. Next Purpose: NOTICE OF MOTION Next Hearing Date: 19-04-2021 Date: 19-04-2021 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: NOTICE OF MOTION Next Hearing Date: 05-07-2021 Date: 05-07-2021 Business: Due to Covid-19 pandemic, matter is adjourned. Next Purpose: NOTICE OF MOTION Next Hearing Date: 06-08-2021 Date: 06-08-2021 Business: None for plaintiff. Adv. Mrs. Tondwalkar for Defendant nos.1 to 3/MCGM is present. None for defendant no.4. Plaintiff is directed to tender original registered CH/S 434/2020 along with affidavit in support thereof, on next date. Adjd. To 24/09/2021 for service and reply to Ch/s /rejoinder in NM. Next Purpose: NOTICE OF MOTION Next Hearing Date: 24-09-2021 Date: 24-09-2021 Business: None for plaintiff. Adv. Mrs. Tondwalkar for Defendant nos.1 to 3/MCGM is present. None for defendant no.4. Plaintiff is directed to tender original registered CH/S No.434/2020 along with affidavit in support thereof, on next date. Adjd. To 17/11/2021 for service and reply to Ch/s /rejoinder in NM. Next Purpose: C/S REPLY Next Hearing Date: 17-11-2021 Date: 17-11-2021 Business: None for plaintiff. Adv. Mrs. Tondwalkar for Defendant No. 1 to 3/MCGM is present. None for Defendant No.4. Plaintiff is directed to tender original registered CH/S No.434/2020 along with affidavit in support thereof, on next date. Adjd. To 07/02/2022 for service and reply to Ch/s /rejoinder in NM. Next Purpose: REPLY Next Hearing Date: 07-02-2022 Date: 07-02-2022 Business: As per office order No. 27 of 2022 dtd. 06/02/2022 due to mourn the sad demise of Veteran Singer Bharat Ratna Lata Mangeshkar and High Court, Bombay, vide letter dtd. 06/02/2020 bearing no. RG/1611/09/2022 has declared Holiday on Monday i.e. 07/02/2022, therefore, matter is adjourned on next day. Next Purpose: REPLY Next Hearing Date: 23-03-2022 Date: 23-03-2022 Business: None for plaintiff. Adv. Mrs. Tondwalkar for Defendant No. 1 to 3/MCGM is present. None for Defendant No.4. Plaintiff is directed to tender original registered CH/S No.434/2020 along with affidavit in support thereof, on next date. Adjd. To 22/06/2022 for service and reply to Ch/s /rejoinder in NM. Next Purpose: C/S REPLY Next Hearing Date: 22-06-2022 Date: 22-06-2022 Business: None for plaintiff. Adv. Mrs. Tondwalkar for defendant Nos. 1 to 3/ MCGM is present. None for deft. No. 4. Plaintiff is directed to tender original registered Ch/S No. 434/2020 along-with affidavit in support thereof, on next date. Adjd. to 05/08/2022 for service and reply to Ch/S rejoinder in N/M. Next Purpose: C/S REPLY Next Hearing Date: 05-08-2022 Date: 05-08-2022 Business: Adv. Tushar Momaiyah for plaintiff present. Adv. Mrs. Tondwalkar for defendant/ MCGM is present and requested for time to file reply to N/M. Time is granted till next date. Plaintiff is directed to register Suit till next date. Adjd. to 23/09/2022 for compliance by plaintiff and N/M reply. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 23-09-2022 Date: 23-09-2022 Business: Adjd. to 19/10/2022 for service and reply to Ch/S rejoinder in N/M. Next Purpose: SERVICE Next Hearing Date: 19-10-2022 Date: 19-10-2022 Business: None for plaintiff. Adv. Mrs. Tondwalkar for defendant Nos.1 to 3/ BMC is present. None for deft. No.4. Plaintiff is directed to tender original registered Ch/S No.434/2020 along with affidavit in support thereof, on next date. Adjd. to 14/12/2022 for service and reply to Ch/S rejoinder in N/M. Next Purpose: C/S REPLY Next Hearing Date: 14-12-2022 Date: 14-12-2022 Business: Court is busy in urgent hearing, board is discharged. Adjd. to 08/03/2023 for service and reply to Ch/S rejoinder in N/M. Next Purpose: C/S REPLY Next Hearing Date: 08-03-2023 Date: 08-03-2023 Business: None for plaintiff present. Adv. Mr. Suryavanshi for defendant/ BMC is present and requested time to file reply to Ch/S. Time is granted till next date. Adjd. to 06/04/2023 for service and reply to Ch/S rejoinder in N/M. Next Purpose: C/S REPLY Next Hearing Date: 06-04-2023 Date: 06-04-2023 Business: None for plaintiff. Adv. Ms. Mhatre for defendant no. 1 to 3 / BMC is present. None for defendant no. 4. Adjd. to 27.06.2023 for service and reply to C/S and filing rejoinder in NM. Next Purpose: C/S REPLY Next Hearing Date: 27-06-2023 Date: 27-06-2023 Business: None present for plaintiff Advocate Mhatre for defendant/BMC present. Plaintiff is directed to tender ch/s No. 434/2020 till next date. Adjd to 17.08.2023 for service of ch/s to other side/ Compliance/ rejoinder to NM/NM Hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 17-08-2023 Date: 17-08-2023 Business: Court is on leave Next Purpose: NM FOR HEARING Next Hearing Date: 03-10-2023 Date: 03-10-2023 Business: None present plaintiff Advocate Mhatre for defendant No. 1 to 3/BMC present. None present for deft No. 4 Today matter is kept for service of ch/s and compliance but none present for plaintiff. Hence matter adjourned for dismissal of NM and Ch/s Adjd to 02.12.2023 for NM and Ch/s Dismissal Next Purpose: NM FOR DISMISSAL Next Hearing Date: 02-12-2023 Date: 02-12-2023 Business: None present for plaintiff. Advocate Suryavanshi for defendant No. 1 to 3/BMC present. None present for defendant No. 4. This suit is of year 2019 and NMs as well as ch/s are pending for hearing since three dates but since many dates none present for plaintiff. Therefore on previous date matter was adjourned and kept today for dismissal of NMs and ch/s. However inspite of that today neither plaintiff nor his Advocate remains present. This show that plaintiff is not interesting to proceed with NMs and Ch/s. Further inspite of direction plaintiff is not tendered ch/s No. 434/2020. Hence I pass following order. ORDER Notice of Motion No. 4890/2019 and NM No. 2874/2019 as well as ch/s No. 434/2020 dismissed for default. Adjd to 22.01.2024 for WS Nature Of Disposal: DISMISSED IN DEFAULT Disposal Date: 02-12-2023
Additional Case Details
Additional Case Details
Filing Number: 108487/2019 Filing Date: 01-08-2019 First Hearing Date: 21st August 2019 Decision Date: 02nd December 2023 Court Number And Judge: 4-COURT 04 AD-HOC JUDGE
Orders
1Final Order 102 Dec 2023
02 Dec 2023
Order Details: Other Pdf Text: 42 Dt:02.12.2023 SU 2270/19 CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 ) None present for plaintiff. Advocate Suryavanshi for defendant No. 1 to 3/BMC present. None present for defendant No. 4. This suit is of year 2019 and NMs as well as ch/s are pending for hearing since three dates but since many dates none present for plaintiff. Therefore on previous date matter was adjourned and kept today for dismissal of NMs and ch/s. However inspite of that today neither plaintiff nor his Advocate remains present. This show that plaintiff is not interesting to proceed with NMs and Ch/s. Further inspite of direction plaintiff is not tendered ch/s No. 434/2020. Hence I pass following order. ORDER Notice of Motion No. 4890/2019 and NM No. 2874/2019 as well as ch/s No. 434/2020 dismissed for default. Adjd to 22.01.2024 for WS Judge -- 1 of 1 --
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