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NOTICE OF MOTION

Mr. Manoj Jivan KhumanVsMCGM And Anr

CNR MHCC0100929320195-COURT 05 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHER
Decision Date: 11th October 2023

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
103401/2019
Registration Date
13 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: 25-09-2019
    Business: Plaintiff and Adv. Ms. Babita Pande present and filed writ of summons t.o.r.
    Adv. Mr. Patil  for defendant/MCGM present.
    Adv. Mr. Anil Mishra for defendant no.3 present.
    Matter adjd to 30/09/2019 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 30-09-2019
    
    Date: 30-09-2019
    Business: Plaintiff absent and Adv. Mr. Vikas Baban present.
    Adv. Mr. Patil  for defendant/MCGM present.
    Matter adjd to 06/11/2019 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 06-11-2019
    
    Date: 06-11-2019
    Business: Plaintiff and Adv. Babita Pane present and filed original notice of motion no. 3401/2019 alongwith affidavit t.o.r.
    Adv. Mrs. Tondwalkar  for defendant/MCGM present.
    Adv. Mr. Anil Mishra for defendant nos. 2 and 3 present and filed Written Statement t.o.r.
    Matter adjd to 29/11/2019 for reply.
    Next Purpose: REPLY
    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: REPLY
    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.
    Order- Defendant to say.
    Matter is adjd to  28/01/2020 for hrg.on n.m. and
    say on Exh.06.
    Next Purpose: REPLY
    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: REPLY
    Next Hearing Date: 28-02-2020
    
    Date: 28-02-2020
    Business: Plaintiff and advocate absent.
    Adv. Mr. U. V. Singh for defendant no.2 and 3 present.
    Adv. Mr. Suryavanshi/Nandanwar for MCGM/deft present.
    Matter is adjd to  30/03/2020 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 30-03-2020
    
    Date: 30-03-2020
    Next Purpose: REPLY
    Next Hearing Date: 15-04-2020
    
    Date: 15-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPLY
    Next Hearing Date: 22-04-2020
    
    Date: 22-04-2020
    Business: COVID-19. Lockdown from 23.03.2020. Hence matter adjourned to 02.06.2020.
    Next Purpose: REPLY
    Next Hearing Date: 02-06-2020
    
    Date: 02-06-2020
    Business: COVID-19 LOCKDOWN.
    Next Purpose: REPLY
    Next Hearing Date: 19-06-2020
    
    Date: 19-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPLY
    Next Hearing Date: 29-07-2020
    
    Date: 29-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPLY
    Next Hearing Date: 10-09-2020
    
    Date: 10-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPLY
    Next Hearing Date: 14-10-2020
    
    Date: 14-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPLY
    Next Hearing Date: 02-11-2020
    
    Date: 02-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPLY
    Next Hearing Date: 27-11-2020
    
    Date: 27-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    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.
    Adv of plaintiff submitted that since 2019 NM of plaintiff is not decided. She insisted for interim relief.
    Adv of defendant/corporation opposed said submissions.
    Defendant no.4 that is the wife of plaintiff and her advocate are absent.
    Adv of corporation submits that reply will be submitted till next date as a last chance.
    Now court is functioning as per SOP. Hence plaintiff is directed to serve Notice of hearing of NM on defendant no. 2 to 4.
    Matter adjourned for service to 11.01.2021.
    Next Purpose: SERVICE
    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 submitted application for passing no reply order on NM against defendant at Exh.7.
    Other side to say.
    Matter adjourned for say on application of plaintiff and reply on NM to 08.02.2021.
    Next Purpose: FILING SAY
    Next Hearing Date: 08-02-2021
    
    Date: 08-02-2021
    Business: Adv Babita Pandey present for plaintiff.
    Adv Soraan present for MCGM/defendant.
    Adv Anil Mishra present for defendant no.2 and 3.
    BMC officer is absent. Reply is not filed. Hence due to covid-19 as a last chance.
    Matter adjourned for reply of BMC to 05.03.2021.
    Next Purpose: REPLY
    Next Hearing Date: 05-03-2021
    
    Date: 05-03-2021
    Business: None present for plaintiff.
    Adv Soraan present for MCGM/defendant and sought adjournment.
    Matter adjourned for NM reply to 26.03.2021.
    LO at 4.15 pm
    Adv Babita Pandey present for plaintiff.
    Now just before some time Adv of BMC left the court perhaps for her BMC office work. Now Adv of plaintiff belatedly insisted to pass order below Exh.7. Even reply of defendant no.4 is awaiting.
    Adv of plaintiff orally requested to pre-poned the date.
    Matter adjourned for NM reply to 10.03.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 10-03-2021
    
    Date: 10-03-2021
    Business: As court is on leave hence matter is adjd. to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 05-04-2021
    
    Date: 05-04-2021
    Business: None present for plaintiff
    Adv. Singh h/f Adv. Mishra for defendant 2 and 3, he subimtted that connected matter is on 16/06/2021.
    Adv. Soraan for defendant No. 01
    Matter adjourned for NM Hrg. to. 16/06/2021.
    L.O. 2.35PM
    Adv Shivgan present for plaintiff.
    Defendant wants to file reply.
    Matter adjourned for NM Reply to. 16/06/2021.
    LO at 2.45 pm
    Adv Babita Pandey present for plaintiff. She wants earlier date. She is requested to inform earlier date to opposite party by speed post etc.
    Matter adjourned for NM Reply and intimation as above to. 30.04.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 30-04-2021
    
    Date: 30-04-2021
    Business: Due to covid-19 matter adjd. to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 07-07-2021
    
    Date: 07-07-2021
    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: NM REPLYREJOINDER
    Next Hearing Date: 04-08-2021
    
    Date: 04-08-2021
    Business: Adv. Babita present for plaintiff.
    Adv. Soraan present  for MCGM/defendant.
    Matter adjourned for nm reply rejoinder to. 18/08/2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 18-08-2021
    
    Date: 18-08-2021
    Business: As court is busy in recording evidence in suit no. 922/10 of DW no. 01, hence remaining board is discharged and matter is adjd. to.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 20-08-2021
    
    Date: 20-08-2021
    Business: By Praciepe
    Adv.  Babita Pandey present for plaintiff and prayed to preponed the matter as matter is old.
    Adv. Soraan  present  for MCGM/defendant and conceded for preponing the date. By consent matter is preponed and adjd. to. for nm reply rejoinder to. 06/09/2021
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 06-09-2021
    
    Date: 06-09-2021
    Business: As presiding officer is busy in official duty  hence, Board is discharged and matter is adjd. to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 20-09-2021
    
    Date: 20-09-2021
    Business: Adv. Babita Pandey present for plaintiff.
    Adv. Kumuda Soraan present  for MCGM/defendant and sought time for filing reply.
    Adv. U. B. Singh present for Def. No. 2
    Matter adjourned for reply as a last chance on 11-10-2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 11-10-2021
    
    Date: 11-10-2021
    Business: Adv. Vikas Shivgan present for plaintiff.
    Adv. Amol Diwate present for MCGM/defendant no. 01.
    Adv. Singh present for defendant no. 02 and 03.
    None present for defendant 04.
    Reply is not filed by defendant no. 01 and 04.
    Matter adjourned for no reply order and hrg. of NM  to. 12/12/21.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-11-2021
    
    Date: 12-11-2021
    Business: Adv. Babita Pandey present  for plaintiff.
    Adv. soraan present for MCGM/defendant and she tendered affidavit in reply cum WS. t.o.r. marked as Exh. 08.
    she also filed list of documents t.o.r. marked as Exh. 09.
    defendant no. 02 and 04 have not filed reply to the nm since long hence, Matter be proceeded without their reply.
    Matter adjourned for nm hearing to. 17/12/21.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-12-2021
    
    Date: 17-12-2021
    Business: None present for plaintiff.
    Adv. Soraan  @ adv. Diwate  present  for MCGM/defendant.
    As court is busy in hearing arguments on nm no. 3260-2021 in suit no. 2513/21 and hearing arguments and dictating order on ad-interim in suit no. 11177/21, Hence remaining board is discharged and Matter adjourned for   nm hrg. to. 19/01/21.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-01-2022
    
    Date: 19-01-2022
    Business: In view of the office order no. 07/2022 dated. 07/01/22 of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06/01/22 of Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge of COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s.
    Hence, matter is adjd. to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-03-2022
    
    Date: 02-03-2022
    Business: As presiding officer is on leave. Hence, Matter is adjourned to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-03-2022
    
    Date: 22-03-2022
    Business: As presiding officer is on leave.Hence, matter is adjourned to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-04-2022
    
    Date: 08-04-2022
    Business: The court is busy in hearing urgent matters i.e. St.No.3521/22 and High Court time bound matter Suit No.1923/19 and dictating orders i.e. Suit No. 2558/08, Suit No.2562/08, Suit No.788/22, Suit No.795/22, Suit No.759/22 hence, for want of time board discharged.
    Matter is already adjd for NM hearing on 22-06-2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-06-2022
    
    Date: 22-06-2022
    Business: The court is busy in hearing in urgent matters i.e. Suit No. 1821/2016, Suit No.1294/2022 and Suit No.1321/2022 hence, for want of time following board discharged.Matter is adj. for NM hearing on 22-07-2022
    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: 27-09-2022
    
    Date: 27-09-2022
    Business: As Court is busy in dictating judgment matters i.e. Suit No. 2943/11, Suit No.42/2012, Suit No. 320/2012, Suit No. 400/2012 and hearing arguments i.e. Stamp No. 808/2022. Hence want of time board is discharged.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-11-2022
    
    Date: 22-11-2022
    Business: As Court is busy in order dictating in matters i.e. Suit No. 2593 of 2010, Suit No. 3163 of 2018 and Stamp No. 12271 of 2022. Hence want of time board is discharged.
    Matter is adjd for NM hearing on 17-01-2023
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-01-2023
    
    Date: 17-01-2023
    Business: P.O. is on leave. Hence matter is adjourned.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-02-2023
    
    Date: 16-02-2023
    Business: As Court is busy in urgent hearing matters i.e. Stamp No. 1622 of 2023, and Stamp No. 152 of 2023 and dictating order matters i.e. Suit No. 313 of 2022 to 320 of 2022 group matters and Suit No. 785 of 2018. Hence want of time board is discharged.
    Matter is adjd  on 25-04-2023
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-04-2023
    
    Date: 25-04-2023
    Business: Adv.Shivgan present for plaintiff.
    Adv. Vyavhare @ Adv. Rawade present for MCGM/defendant.
    Matter adjourned for NM hearing on 27-06-2023
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-06-2023
    
    Date: 27-06-2023
    Business: Adv. Vikas Shivgan for Plaintiff present.
    Adv. Ms. Rawade for MCGM present.
    Adv. Anil Mishra for D-2 and D-3 present.
    On oral request of Ld. Adv. For plaintiff matter is adjourned.
    Matter is adjd to 31.07.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 31-07-2023
    
    Date: 31-07-2023
    Business: Adv. Babita Pandey for Plaintiff present.
    Adv. Pradip Patil for MCGM present.
    Adv. Anil Mishra for Defendant present.
    On oral request of Ld. Adv. For plaintiff matter is adjourned.
    Matter is adjd  to  28.08.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-08-2023
    
    Date: 28-08-2023
    Business: Adv. Babita Pandey for Plaintiff present.
    Adv. Pradip Patil for MCGM present.
    Adv. Anil Mishra for D-2 and D-3 present.
    On oral request of Ld. Adv. For plaintiff matter is adjourned.
    Matter is adjd  to 11.10.2023  for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-10-2023
    
    Date: 11-10-2023
    Business: Adv. Babita Pandey for Plaintiff present.
    Adv. Pradip Patil for MCGM present.
    Ld. Adv. for plaintiff has tendered draft NM along with affidavit in support.  TOR.  O- Leave granted to register the NM with further directions to the plaintiff to serve the NM upon defendants through Court bailiff.
    Ld. Adv. for plaintiff not pressed the NM No. 3401/19. Hence, NM No. 3401/19 stands disposed off for want of prosecution as not pressed.
    Matter is adjd  to 06.12.2023 for NM service.
    Nature Of Disposal: OTHER
    Disposal Date: 11-10-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 109917/2019
    Filing Date: 13-09-2019
    First Hearing Date: 25th September 2019
    Decision Date: 11th October 2023
    Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    11 Oct 2023
    Order Details: Other
    Pdf Text: 11.10.2023 CORAM: SHRI R. M. MISHRA, ADDL. SESSIONS JUDGE C.R.NO.5
    SU. 2410/19 Adv. Babita Pandey for Plaintiff present.
    Adv. Pradip Patil for MCGM present.
    Ld. Adv. for plaintiff has tendered draft NM along with affidavit in
    support. TOR. O- Leave granted to register the NM with further
    directions to the plaintiff to serve the NM upon defendants through
    Court bailiff.
    Ld. Adv. for plaintiff not pressed the NM No. 3401/19. Hence, NM No.
    3401/19 stands disposed off for want of prosecution as not pressed.
    Matter is adjd to 06.12.2023 for NM service.
    Judge
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