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NOTICE OF MOTION

Mrs. Sharda Kannubhai Makwana Through Mr. Girish Kanubhai MakwanaVsMCGM And Anr

CNR MHCC0100918020195-COURT 05 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 31st July 2023

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
103353/2019
Registration Date
09 Sept 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: 13-09-2019
    Business: As Court is busy in recording evidence in Suit No. 788/11, 2180/12 and 1819,12, dictating order in Notice of Motion No. 279/2018 and other orders hence, matter adjd to 18/10/2019 for reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 18-10-2019
    
    Date: 18-10-2019
    Business: Adjd. to 06/11/19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 06-11-2019
    
    Date: 06-11-2019
    Business: Plaintiff and Adv. Ms. Babita Pane present and filed writ of summons t.o.r.
    Adv. Mrs. Tondwalkar  for defendant/MCGM present.
    Adv. Mr. Anil Mishra for defendant no 3 present and filed Written Statement t.o.r.
    Matter adjd to 29/11/2019 for reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 29-11-2019
    
    Date: 29-11-2019
    Business: As Court is busy in hearing arguments in Su.775/2012 with
    668/2012, 548/2010, passing orders and misc. work hence,
    board is discharged.
    Matter adjd to 22/01/2020 for reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 22-01-2020
    
    Date: 22-01-2020
    Business: Adv. Mr. Suryavanshi  for the defendant  MCGM Present
    Adv. Mr. U. V. Singh for defendant present.
    Plaint.
    Vakalatnama of Plaintiff.
    Memorandum of address.
    List of documents.
    Vakalatnama of defendant .
    Adv. Ms. Babita Pandey for plaintiff present and filed an application t.o.r. and marked as Exh.06. - Defendant to say.
    Matter adjd to  28/01/20 for hrg.n.m. and say on Exh.06.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 28-01-2020
    
    Date: 28-01-2020
    Business: Plaintiff and advocate are absent.
    Adv. Mrs. Rawade for the defendant  MCGM  present
    Adv. Mr.  Mr. U. V. Singh for defendan no.2 present.
    Matter is adjd to 28/02/2020 for reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 28-02-2020
    
    Date: 28-02-2020
    Business: Plaintiff and advocate absent.
    Adv. Ms. Jamila Khan for defendant present.
    Adv. Mr. Suryavanshi/Nandanwar for MCGM/deft present.
    Adv. Mr. U. V. Singh for defendant present.
    Plaintiff to say on notice of motion no.805/2020. Matter is adjd to 08/04/2020 for say n.m. no.805/2020.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 08-04-2020
    
    Date: 08-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 20-04-2020
    
    Date: 20-04-2020
    Business: COVID-19. Lockdown from 23.03.2020. Hence matter adjourned to 30.05.2020.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 30-05-2020
    
    Date: 30-05-2020
    Business: In view of extension 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: 17-06-2020
    
    Date: 17-06-2020
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 28-07-2020
    
    Date: 28-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 09-09-2020
    
    Date: 09-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 11-09-2020
    
    Date: 11-09-2020
    Business: None present for Plaintiff.
    None present for defendant.
    Matter adjourned for reply to 28.09.2020.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 28-09-2020
    
    Date: 28-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-10-2020
    
    Date: 17-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 06-11-2020
    
    Date: 06-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 04-12-2020
    
    Date: 04-12-2020
    Business: None present for plaintiff.
    Adv Nandanwar/Suryawanshi present for MCGM/defendant.
    Matter adjourned for reply to 17.12.2020.
    Next Purpose: REPLY
    Next Hearing Date: 17-12-2020
    
    Date: 17-12-2020
    Business: Adv Kavita Pandey present for plaintiff.
    Adv Rawade (h/f) present for MCGM/defendant.
    Order below NM No.805/2020 (in Roznama)
    Defendant No.4 submitted this NM for condonation of delay of 46 days in filing WS. The NM is supported with affidavit of defendant no.4. It is contend that she is doing job and having minor daughter. She was under financial problems and was unable to engage advocate. She could not provide instructions and documents to concern lawyer within stipulated period. Hence she prayed for condonation of delay.
    Adv of plaintiff submitted reply on the last page of NM itself. She has strongly opposed the application but in the alternative prayed for cost.
    Adv of defendant no.4 is absent. Heard Adv of plaintiff.
    Considering the above mentioned grounds it appears that defendant no.4 has demonstrated sufficient cause. However for causing said delay it would be justifiable to impose reasonable cost, by considering financial condition of defendant no.4.
    Considering peculiar facts and circumstances I pass the following order-
    1. The NM No.805 of 2020 stands allowed subject to cost Rs.600 payable to plaintiff towards said delay.
    2.After payment of cost defendant no.4 submit WS and the same shall be exhibited accordingly.
    3. Defendant no.4 to avoid delay in compliance on next date (After getting knowledge of this order).
    4. NM No.805 of 2020 stands disposed off.
    Matter adjourned for compliance to 11.01.2021.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 11-01-2021
    
    Date: 11-01-2021
    Business: Adv Shivgan Present for plaintiff.
    Adv Soraan present for MCGM/defendant.
    Adv of plaintiff sought adjournment.
    Matter adjourned for compliance to 08.02.2021.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 08-02-2021
    
    Date: 08-02-2021
    Business: Adv Babita Pandey present for plaintiff.
    Adv Soraan present for MCGM/defendant.
    Adv Jamida Khan present for defendant no.4.
    Matter adjourned for BMC reply to 08.03.2021.
    Next Purpose: REPLY
    Next Hearing Date: 08-03-2021
    
    Date: 08-03-2021
    Business: Adv Babita Pandey present for plaintiff.
    Adv Soraan present for MCGM/defendant no.1.
    None present for defendant no.2.
    Adv Tiwari (hf) present for defendant no.3.
    Adv Jamila Khan present for defendant no.4.
    Adv Jadhav present for defendant no.5.
    Matter adjourned for service to 31.03.2021.
    Next Purpose: SERVICE
    Next Hearing Date: 31-03-2021
    
    Date: 31-03-2021
    Business: Adv. absent for plaintiff.
    Adv. Vandana present for defendant.
    Adv  Soraan present for MCGM/defendant.
    Adv. Jadhav present for defendant No. 05
    Adv. Khan present for defendant no. 04.
    Ws. is not filed by BMC.
    Matter adjourned for W/S. to. 16/06/2021.
    LO at 2.50 pm
    Adv Babita Pandey present for plaintiff and submitted service affidavit.
    Matter adjourned for W/S. to. 16/06/2021.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 16-06-2021
    
    Date: 16-06-2021
    Business: Adv. Vikas present for plaintiff.
    Adv  Soraan present  for MCGM/defendant.
    Adv. Sumangal Yadav present for defendant no. 05 and filed vakalatnama at Exh. 07.
    Adv. for defendant no. 1 submitted that defendant no. 1 will file its reply on nm on next date.
    Adv. for defendant no. 05 sought time file reply to NM.
    Matter adjourned for filling reply to 05/07/2021.
    Next Purpose: REPLY
    Next Hearing Date: 05-07-2021
    
    Date: 05-07-2021
    Business: In view of Office Circular/Order 106/2021 Dt. 14-06-2021 , only urgent matters are taken, hence the remaining board is discharged hence matter is adjd. to
    Next Purpose: REPLY
    Next Hearing Date: 09-08-2021
    
    Date: 09-08-2021
    Business: Adv. Shivgan present for plaintiff.
    Adv. Diwate present for MCGM/defendant and filled affidavit in reply to NM No. 3353/19.
    Copy served upon other side.
    Defendant no. 05 present and sought adjournment for filling reply.
    Matter adjourned for filling reply to. 18/08/2021.
    Next Purpose: REPLY
    Next Hearing Date: 18-08-2021
    
    Date: 18-08-2021
    Business: Adv. Vikas present  for plaintiff.
    Adv. Soran present  for defendant no. 1 and she submitted list of document on which defendant no. 1 rely TOR.
    Defendant no. 5 present in person and tendered affidavit in reply along with to NM no. 3353/19 TOR.
    Matter adjourned for  reply/rejoinder on 22-09-2021
    Next Purpose: REPLY
    Next Hearing Date: 22-09-2021
    
    Date: 22-09-2021
    Business: Adv. Shivdhar for plaintiff present.
    Adv. Soran for MCGM/defendant present and sought time to hearing.
    Deft.No.5present in person. Other defendants are absent.
    Matter adjourned for hearing to 06.10.2021.
    Next Purpose: HEARING
    Next Hearing Date: 06-10-2021
    
    Date: 06-10-2021
    Business: None present  for plaintiff.
    Adv. Kumuda Soraan @ Adv. Amol Diwate  present  for MCGM/defendant no. 01.
    kb.
    L.o. at 2.45 pm.
    Adv. Babita pandey for plaintiff present and sought adjournment.
    Suresh Jadhav present for defendant no. 05
    Adv. Khan present for defendant no. 04.
    Matter adjourned for hearing to. 12/11/21.
    Next Purpose: HEARING
    Next Hearing Date: 12-11-2021
    
    Date: 12-11-2021
    Business: adv. Babita Pandey present  for plaintiff and sought adjournment.
    Adv. soraan present for MCGM/defendant.
    adv. Suresh Jadhav presnet d-5.
    Adv. khan for d-4.
    Matter adjourned for nm hearing as a last chance to. 06/12/21.
    Next Purpose: HEARING
    Next Hearing Date: 06-12-2021
    
    Date: 06-12-2021
    Business: Adv. Vikas Shivgan  present for plaintiff and sought adjournment.
    Adv. absent  for MCGM/defendant.
    Adv. V. B. Singh for defendant no. 03.
    Adv. Jamila Khan for defendant no. 04.
    Matter adjourned for nm hearing/order to. 21/02/22.
    Next Purpose: ORDER
    Next Hearing Date: 21-02-2022
    
    Date: 21-02-2022
    Business: Adv. Shivgan  present for plaintiff and sought adjournment.
    Adv. Soraan present  for MCGM/defendant.
    kb.
    l.o at
    Adv. Khan  present for Def. no. 4
    Adv.  Tiwari def no. 2
    Matter adjourned for NM hearing on 16-03-2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-03-2022
    
    Date: 16-03-2022
    Business: As presiding officer is on leave. Hence, Matter is adjourned to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-04-2022
    
    Date: 25-04-2022
    Business: As presiding officer is on leave.Hence, matter is adjourned to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-07-2022
    
    Date: 22-07-2022
    Business: As court is busy.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-09-2022
    
    Date: 07-09-2022
    Business: As presiding officer is on leave. Hence, matter is adjourned to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-09-2022
    
    Date: 28-09-2022
    Business: Adv Shivang for Plaintiff present.
    Adv Smt. Kumud Soraan for defendant/MCGM No.1 present.
    Adv for deft no.3 present.
    Adv Jamila Khan for deft no. 4 present.
    None for deft no.2 and 5.
    Matter is adjd for NM hearing on 02-11-2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-11-2022
    
    Date: 02-11-2022
    Business: As presiding officer is on leave. Hence, matter is adjourned to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-01-2023
    
    Date: 04-01-2023
    Business: As Court is busy in judgment dictating in Suit No. 1203 of 2009 and order dictating in Suit No. 1586 of 2022 and Suit No.687 of 2022. Hence want of time board is discharged.
    Matter is adjd for NM hearing on 13-02-2023
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-02-2023
    
    Date: 13-02-2023
    Business: As Court is busy in dictating judgment in Suit No. 2919 of 2014. Hence want of time board is discharged.
    Matter is adjd for NM on 08-03-2023
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-03-2023
    
    Date: 08-03-2023
    Business: As presiding officer is on leave. Hence, matter is adjourned to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-06-2023
    
    Date: 19-06-2023
    Business: None for Plaintiff.
    Adv. Pradip Patil for MCGM/D-1 present.
    Adv. Jamira Khan D-4 present.
    None for D-2 and D-3.
    Matter is adjd to 31.07.2023 for dismissal of NM.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 31-07-2023
    
    Date: 31-07-2023
    Business: Withdraw
    Nature Of Disposal: WITHDRAWL
    Disposal Date: 31-07-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 109746/2019
    Filing Date: 09-09-2019
    First Hearing Date: 13th September 2019
    Decision Date: 31st July 2023
    Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    31 Jul 2023
    Order Details: Other
    Pdf Text: 31.07.2023 CORAM: SHRI R. M. MISHRA, ADDL. SESSIONS JUDGE C.R.NO.5
    SU. 2268/19
    Exh. 8
    Exh. 9
    Adv. Babita Pandey for Plaintiff present.
    Adv. Pradip Patil for MCGM/D-1 present.
    None for D-2, D-3 and D-5.
    Adv. Jamila Khan for D-4 present.
    Ld. Adv. for defendant/MCGM has already tendered reply cum written
    statement on record. Hence, it is read and recorded and marked at Exh.
    8.
    Ld. Adv. for defendant No. 4 has already tendered written statement on
    record. Hence, it is read and recorded and marked at Exh. 9.
    Ld. Adv. for plaintiff not pressed the NM No. 3353/19 on the overleaf of
    the NM on the ground that there is no substance in the motion.
    Hence, NM No. 3353 of 2019 stands disposed off for want of
    prosecution as not pressed by the plaintiff through her advocate.
    The NM No. 3353 of 2019 stands disposed off accordingly.
    Matter is adjd to 25.09.2023 for written statement of D-2, D-3 and D-5.
    Judge
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