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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

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection 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

    1
    Final Order 1
    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
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