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NOTICE OF MOTION

Mr. Katari Chetan NaiduVsChallagundla Deshuma Naidu +1 more

CNR MHCC01008229201961-COURT 61 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--OTHER
Decision Date: 22nd September 2025

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
103008/2019
Registration Date
07 Aug 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 09-09-2019
    Business: Adv. M.K.Tanna for Defendant/1 present and he tender draft n/m alongwith affidavit and written statement .
    Leave granted to register.
    Adv. M.C.Hegade for defendant/2 and 3 present.
    He filed written statement on behalf of defendant  no. 2 and 3, affidavit of service and acknowledgement receipt of cost of Rs. 1000/-being paid to plaintiff.
    Adv. Pankaj Duby for plaintiff present and he tendered original n/m  3008/19 @ affidavit.
    As court is busy in dictating orders in Suit nos. 866/14, N/M 3203/19 and Suit 751/17, Matter stands Adj for n/m reply 07/10/2019
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 07-10-2019
    
    Date: 07-10-2019
    Business: Adv. Dube for plaintiff present.
    Adv. Tanha for defendant no. 1 present and tendered original NM no. 3750/19 along affidavit. He served the copy of NM no. 3750/19 on defendant no. 2 and 3 and undertakes to serve on plaintiff by next date.
    Adv. Hegade for defendant no. 2  and 3 present.
    Heard both sides. It is submitted that plaintiff has taken out NM  no. 3008/19, but it is not served on the defendant. Plaintiff is directed to comply and serve the NM on the defendants.
    Matter stands Adj for service of NM by plaintiff to 20.11.19.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 20-11-2019
    
    Date: 20-11-2019
    Business: Adv. Deepak Pandey for plaintiff present.
    Adv. Tanna for defendant no. 1 present.
    Adv. Hegade for defendant no. 2 and 3 present.
    By consent, Matter stands Adj for NM reply to 10.01.20.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 10-01-2020
    
    Date: 10-01-2020
    Business: Adv. Deepak Pandey for plaintiff present.
    Defendant no. 2 and 3 present.
    Reply affidavit to NM no. 3008/18 filed by defendant no. 2.
    Court is busy in dictating order in suit no. 2434/17.
    Matter stands Adj for reply to 24.02.2020.
    Next Purpose: REPLY
    Next Hearing Date: 24-02-2020
    
    Date: 24-02-2020
    Business: Adv. Pankaj Dube for plaintiff present.
    Adv. Hegade for defendant no. 2 and 3 present.
    Reply not filed.
    Matter stands Adj for reply to 07.04.2020.
    Next Purpose: REPLY
    Next Hearing Date: 07-04-2020
    
    Date: 07-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPLY
    Next Hearing Date: 18-04-2020
    
    Date: 18-04-2020
    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: REPLY
    Next Hearing Date: 29-05-2020
    
    Date: 29-05-2020
    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: REPLY
    Next Hearing Date: 16-06-2020
    
    Date: 16-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPLY
    Next Hearing Date: 23-09-2020
    
    Date: 23-09-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPLY
    Next Hearing Date: 04-12-2020
    
    Date: 04-12-2020
    Business: None present for plaintiff and defendant.
    Matter stands Adj for Reply to 01.02.2021
    Next Purpose: REPLY
    Next Hearing Date: 01-02-2021
    
    Date: 01-02-2021
    Business: Advocate Deepak Pandey for plaintiff present and seeks time to file reply.
    Defendant No.2 present.
    The case is adjourned to 09.03.2021  for reply.
    Next Purpose: REPLY
    Next Hearing Date: 09-03-2021
    
    Date: 09-03-2021
    Business: Advocate Deepak Pandey for plaintiff present and seeks time to file NM reply.
    None for defendant.
    The case is adjourned to 21.04.2021  for  reply.
    Next Purpose: REPLY
    Next Hearing Date: 21-04-2021
    
    Date: 21-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPLY
    Next Hearing Date: 28-06-2021
    
    Date: 28-06-2021
    Business: Adv. for plaintiff absent
    Adv. Mr. Jimesh Shah for defendants No. 1A and 1B present and tendered original registered N/M No.1211/21 alongwith affidavit in support of N/M t.o.r.
    Adjd to 05.08.2021 for N/M Reply
    L.O.
    Adv. Mr. Swapnil Narkar for plaintiffs no. 1 and 2 present and tendered Vakalatnama of the plaintiffs no.1 and 2.t.o.r. at Exh.16
    Matter already adjd to 05.08.2021 for N/M Reply.
    Next Purpose: REPLY
    Next Hearing Date: 27-08-2021
    
    Date: 27-08-2021
    Business: Matter called out at 03.21 p.m.
    None present for plaintiff
    Adv. M. K. Tanna for Deft. No. 1 present.
    Matter stands adjourned to 22.10.2021 for NM reply.
    Later on at 03.47 p.m.
    Deft. No. 2 in person present.
    He informed that his advocate is no more. Therefore, he is seeking time.
    Time granted.
    Matter already stands adjourned to 22.10.2021 for NM reply.
    Next Purpose: REPLY
    Next Hearing Date: 22-10-2021
    
    Date: 22-10-2021
    Business: Matter called out at 4.09 p.m.
    None present for plaintiff.
    Adv. Disha Dave I/b Adv. Maulik Tanna for Deft. No.1 present.
    Deft. no.2 present in present.
    Deft. No.2 and 3 already filed reply to NM No. 3008/19.
    Plaintiff failed to file reply to NM No.3750/19.
    Plaintiff is directed to file reply to NM No.3750/19 on or before next date.
    In the event of failure, the NM will be proceed without reply.
    Matter stands adjourned to 07.12.2021 for NM reply.
    Next Purpose: REPLY
    Next Hearing Date: 07-12-2021
    
    Date: 07-12-2021
    Business: Matter mentioned at 3.34 p.m.
    None present for plaintiff.
    Adv. M. K. Tanna for Deft. No.1 present.
    Deft. No.2 in person present.
    The NM No.3750/19 referred to Exh.A to C but not found with the NM.
    Advocate for Deft. No.1 seeking time.  Time granted.
    Matter stands adjourned to 02.02.2022 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 02-02-2022
    
    Date: 02-02-2022
    Business: Court is on Leave, Hence Board is discharged.
    Next Purpose: REPLY
    Next Hearing Date: 04-04-2022
    
    Date: 04-04-2022
    Business: Matter called out at 3.35 p.m.
    Adv. Deepak Pandey for plaintiff present.
    Adv. Maulik Tanna for Deft. No.1 present. He tendered list of document relied by him in NM No.3750/2019. TOR.
    Copy supplied to the other side.
    Put up for NM hearing.
    Matter stands adjourned to 27.06.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-06-2022
    
    Date: 27-06-2022
    Business: Court is on Leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-08-2022
    
    Date: 25-08-2022
    Business: Adv. Deepak Pandey for plaintiff present. He is seeking time to file reply on NM filed by defendant. Time granted.
    None present for defendant.
    Matter stands adjourned to 01.11.2022 for NM hearing.
    Later on at 3.13 p.m.
    Adv. Nisha Dave for Deft. no.1 present.
    Already adjourned for 01.11.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-11-2022
    
    Date: 01-11-2022
    Business: Adv. Nisha Dave for Deft. no. 1 present.
    None present for plaintiff.
    Matter stands adjourned to 05.01.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-01-2023
    
    Date: 05-01-2023
    Business: Adv. Deepak Pandey for plaintiff present.
    Adv. M. K. Tanna for Deft. no.1 present.
    Heard both the sides on NM No.3750/2019.
    This NM is filed for condonation of delay of 786 days in filing WS by Deft. no.1. Plaintiff resisted contending that the delay is not properly explained. He prayed for grant of costs for the delay in filing WS.  Considering the submission, I am of the view that Deft. no.1 may be permitted to file WS on payment of costs. So far as the delay caused is concerned, saddling costs would suffice. Consequently, I proceed to pass the following order.
    ORDER
    1. Notice of Motion No.3750/2019, is hereby allowed subject to payment of costs of Rs.5,000/-.
    2.  Delay stands condoned.
    3.  WS be taken on record and exhibited after the payment of costs of Rs.5000/- as condition precedent on or before next date.
    3.  Notice of Motion stands disposed off accordingly.
    Matter stands adjourned on 21.02.2023 for NM hearing/
    compliance.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-02-2023
    
    Date: 21-02-2023
    Business: Adv. Anisha Shaikh for plaintiff present.
    None for defendant.
    The defendant No.1 did not comply order dated 05.01.2023.
    Hence, put up for order.
    Matter stands adjourned on 18.04.2023 for NM hearing.
    Later on at 3.51p.m.
    Adv. M. K. Talla For defendant No.1 present.
    Matter already adjourned on 18.04.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-04-2023
    
    Date: 18-04-2023
    Business: Adv. Deepak Pandey for plaintiff present.
    Adv. Nisha Dave for defendant No.1 present.
    Cost paid by Defendant No.1.
    WS taken on record be exhibited as Exh-05.
    She is directed to tendered affidavit in support to WS as per Order-6 rule-15 sub rule-04 of CPC.
    Matter stands adjourned on 06.07.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-07-2023
    
    Date: 06-07-2023
    Business: Adv Anisha Singh for Plaintiff present and seeks time. Time granted.
    None for defendant present.
    Matter stands adjourned on 12-09-2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-09-2023
    
    Date: 12-09-2023
    Business: Adv Taral a/w Plaintiff present.
    Defendant absent.
    Matter stands adjourned on 07-11-2023 for hearing on NM No.
    3008/19.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-11-2023
    
    Date: 07-11-2023
    Business: Adv. Pankaj Dubey for Plff. present.
    None present for Defendant.
    Defendants absent since 06.06.2023.  Put for hearing on NM without arguments of defendants.
    Matter stands adjourned on 17.01.2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-01-2024
    
    Date: 17-01-2024
    Business: This court is newly formed on 02.01.2024.
    Matter transferred from CR NO.3
    Adv. Mr. Gurulinga h/f Adv. Deepak Pandey is present for plaintiff.
    Adv. Mr. M.K. Tanna is present for defendant No.1 and sought time to file NM reply. Time granted lastly.
    Due to formation of new court and change of assignment matter adjourned.
    Matter adjourned for NM hearing to 12.02.2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-02-2024
    
    Date: 12-02-2024
    Business: IN THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO. 61
    This court newly formed on 02.01.2024.
    Matter transferred from CRNo.
    Adv. Guruling Samagoud h/f Deepak Pandey for  plaintiff.
    None for defendant.
    KB...LO at 3.15 pm.
    Adv.  M.K. Tanna for defendant no.1 present and filed pursis stating that his Written Statement to be treated as reply to NM. No.3008/19 t.o.r. and marked as Exh.06. O-Seen.
    Matter adjourned for NM argument  to 12-03-2024.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 12-03-2024
    
    Date: 12-03-2024
    Business: IN THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO. 61
    Adv. Guruling Samagond h/f Adv. Deepak Pandey for  plaintiff present and orally sought time to argue the NM next date. O- Time granted.
    Adv. Maulik Tanna for defendant No.1 present.
    Matter adjourned for  NM hearing  to 16-04-2024
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-04-2024
    
    Date: 16-04-2024
    Business: IN THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO. 61
    Adv. Guruling Samagond h/f Adv. Deepak Pandey for  plaintiff present.
    Defendant No.1 present and orally sought time to argue the NM on next date. O-Last chance granted.
    Matter adjourned for NM hearing to 02-07-2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-07-2024
    
    Date: 02-07-2024
    Business: The court is vacant
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-08-2024
    
    Date: 07-08-2024
    Business: IN THE COURT OF H.H.J. R. D. DESHPANDE JUDGE CITY CIVIL COURT C.R. NO. 61
    Adv. Guruling Samagond h/f Adv. Deepak Pandey for plaintiff is present.
    Adv. Rupesh Bhosale for defendant No.1 is present.
    None for defendants No.2 and 3.
    Matter is adjourned for NM reply by defendant No.1 to 23-09-2024.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 23-09-2024
    
    Date: 23-09-2024
    Business: PO is on leave
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 25-11-2024
    
    Date: 25-11-2024
    Business: P. O. is on leave.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 14-01-2025
    
    Date: 14-01-2025
    Business: Adv. Deepak Pandey for plaintiff is present.
    Adv. Krupesh Bhosle for defendant No.1 is present. He seeks time.
    None for other defendants.
    Roznama discloses that so many chances are granted to defendant No.1. But he has failed to file his reply to NM No.3008/2019. Hence NM No.3008/2019 to proceed without say of defendant No.1.
    K.B.
    Later on at 4.39 p.m.
    Adv. Deepak Pandey for plaintiff is present.
    Adv. Krupesh Bhosle for defendant No.1 is present. He filed pursis stating that WS filed by defendant No.1 be treated as his reply to NM No.3008/2019. TOR. Marked as Exh-07. O- Seen and filed.
    On 12.02.2024 also defendant No.1 has already filed pursis at Exh-06 stating that his WS be treated as reply to NM No.3008/2019.
    None for other defendants.
    Matter adjourned for NM arguments to 04.02.2025.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 04-02-2025
    
    Date: 04-02-2025
    Business: IN THE COURT OF H.H.J. R. D. DESHPANDE JUDGE CITY CIVIL COURT C.R. NO. 61
    Adv. Pankaj Dubey for plaintiff is present. He seeks time.
    Adv. M. K. Tanna for defendant No.1 is present.
    None for other defendants.
    Matter adjourned for NM hearing to 06.05.2025.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-05-2025
    
    Date: 06-05-2025
    Business: Adv. Guruling for plaintiff is present.
    None for defendants.
    Matter adjourned for NM hearing to 16.07.2025.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-07-2025
    
    Date: 16-07-2025
    Business: Adv. Guruling Samagond i/b Adv. Deepak Pandey for plaintiff is present.
    Adv. Maulik Tanna for defendant No.1 is present.
    K.B.
    Later on at 3.18 p.m.
    Adv. Guruling Samagond i/b Adv. Deepak Pandey for plaintiff is present.
    Adv. Maulik Tanna for defendant No.1 is present.
    Heard arguments of both side on NM No.3008/2019.
    Matter adjourned for NM orders to 21.08.2025.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 21-08-2025
    
    Date: 21-08-2025
    Business: PO is on leave.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 10-09-2025
    
    Date: 10-09-2025
    Business: PO is on leave.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 22-09-2025
    
    Date: 22-09-2025
    Business: IN THE COURT OF H.H.J. A. C. DAGA JUDGE CITY CIVIL COURT C.R. NO. 61
    None for plaintiff.
    None for defendant.
    F.R.S.R. following Order is passed in NM No.3008/2019 -
    ORDER
        1. Notice of Motion is rejected.
        2. Accordingly, Notice of Motion No.3008/2019 stands disposed off.
    Matter adjourned for filing draft issues to 12.11.2025.
    Later on at 3.43 p.m.
    Adv. Deepak Pandey for plaintiff is present.
    Matter adjourned for filing draft issues to 12.11.2025.
    Nature Of Disposal: OTHER
    Disposal Date: 22-09-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 108729/2019
    Filing Date: 07-08-2019
    First Hearing Date: 09th September 2019
    Decision Date: 22nd September 2025
    Court Number And Judge: 61-COURT 61 ADDL  SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    22 Sept 2025

    Order Details: Notice of Motion Pdf Text: N. M. No.3008/2019 Order MHCC010082292019 Presented on : 07.08.2019 Registered on : 07.08.2019 Decided on : 22.09.2025 Duration : 06 01 15 Years Month Days IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY AT BOMBAY NOTICE OF MOTION NO. 3008/2019 (CNR NO. MHCC010082292019) IN SHORT CAUSE SUIT NO. 783/2018 Mr. Katari Chetan Naidu, Age: 36 years, Occupation: Service, residing at A-504, Lavista Apartment Poonam Sagar Complex Mira Road (E) Thane 401 107.…

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