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NOTICE OF MOTION

Smt.Laxmi Bhaskar BandarkarVsMr.S wami Bhaskar Bandarkar And Anr

CNR MHCC01010268201962-COURT 62 AD-HOC ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHER
Decision Date: 04th October 2024

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
103796/2019
Registration Date
11 Oct 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: 04-11-2019
    Business: Advocate for Plaintiff present
    Court is busy in dictating Judgment in suit no.785/08, hence case is adjourned to 03/02/2020.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 03-02-2020
    
    Date: 03-02-2020
    Business: Advocate Ms. Bhagyashree Dhamapurkar for Plaintiff present and filed registered Notice of Motion no.3796/2019 with affidavit in support, t.o.r.
    Advocate Ms. Madhuri Raibagkar for Defendant present and submitted that today itself she has received copy of NM, hence on next date she will file NM reply. Considering submissions adjourned.
    Case is adjourned to 23/03/2020 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 23-03-2020
    
    Date: 23-03-2020
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 01-04-2020
    
    Date: 23-03-2020
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 01-04-2020
    
    Date: 01-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-04-2020
    
    Date: 16-04-2020
    Business: National Lock down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 05-05-2020
    
    Date: 16-04-2020
    Business: National Lock down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 05-05-2020
    
    Date: 05-05-2020
    Business: National Lock down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 27-05-2020
    
    Date: 27-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 12-06-2020
    
    Date: 12-06-2020
    Business: In view of extension of Lockdown period case is adjd. to 07.08.2020
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 07-08-2020
    
    Date: 07-08-2020
    Business: Adjourned due to Covid-19.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 10-09-2020
    
    Date: 10-09-2020
    Business: Adjd.to 07-12-2020 due to covid-19
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 07-12-2020
    
    Date: 10-09-2020
    Business: Adjd.to 07-12-2020 due to covid-19
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 07-12-2020
    
    Date: 07-12-2020
    Business: None present for Plaintiffs.
    Advocate Mr. C. Pareira for Defendant present
    K.B. At 2.00 p.m. as Notice of Motion is pending.
    L.O.
    None present.
    It seems that due to Corona pandemic, parties are absent, hence case is adjourned to 20/02/2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-02-2021
    
    Date: 20-02-2021
    Business: Adv. Ms. Bhagyashree Dhamapurkar for plaintiffs present.
    Adv. Ms. Madhuri Raibaugkar for defendant present and submitted that defendants are adopting their written statements at Exh.2 as their reply to plaintiffs NM No. 3796/2019. She submitted that copy of said WS will be served on the plaintiffs advocate before next date if not served previously.
    By consent adjourned for NM hearing to 16/03/2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-03-2021
    
    Date: 16-03-2021
    Business: Adv Ms. Bhagyashree Dhamapurkar h/f Adv Rajeshirke for plff present and seeks adjournment
    Adv Ms.madhuri Raibagughkar for deft present.
    By consent, matter is adjd. for NM hearing ot 03.05.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-05-2021
    
    Date: 03-05-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-08-2021
    
    Date: 03-05-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-08-2021
    
    Date: 02-08-2021
    Business: Adv Ms. Bhagyashree Dhamapurkar for plff present and seeks adjournment.
    Adv Ms. Madhuri for deft present.
    By consent, matter is adjd. for NM hearing to 21.09.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-09-2021
    
    Date: 21-09-2021
    Business: None present for plff.
    Adv Ms.Madhuri Raibaugkar for deft present.
    As nobody is presnt for the plff, N.M.No. 3976/2019 be kept for dismissal order on next date.
    Matter is adjd. for NM dismissal to 12.11.2021.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 12-11-2021
    
    Date: 12-11-2021
    Business: Adv Smt. Bhagyashree Dhamapurkar for for plff present and filed application for removing the matter from NM dismissal caption.
    Adv Ms. Madhuri Rajbagkar for deft present and objected the application. As advocate for the plaintiff is present today and as the NM is yet not dismissed in default, application is allowed. On request of advocate for the plaintiff, liberty is granted to file rejoinder in NM No.3796 of 2019.
    Adjourned for NM rejoinder and hearing to 17.01.2022.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 17-01-2022
    
    Date: 12-11-2021
    Business: Adv Smt. Bhagyashree Dhamapurkar for for plff present and filed application for removing the matter from NM dismissal caption.
    Adv Ms. Madhuri Rajbagkar for deft present and objected the application. As advocate for the plaintiff is present today and as the NM is yet not dismissed in default, application is allowed. On request of advocate for the plaintiff, liberty is granted to file rejoinder in NM No.3796 of 2019.
    Adjourned for NM rejoinder and hearing to 17.01.2022.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 17-01-2022
    
    Date: 17-01-2022
    Business: Due to Covid 19
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 07-04-2022
    
    Date: 17-01-2022
    Business: Due to Covid 19
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 07-04-2022
    
    Date: 07-04-2022
    Business: Adv Ms. Dhamapurkar h/f Adv Mr. Rajeshirke present for plff.
    Deft present in person and seeks adjournment by submitting that his adv. is not available today.
    By consent, matter is adjd. to 28.06.2022.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 28-06-2022
    
    Date: 28-06-2022
    Business: Adv.Ms.Dhamapurkar for plaintiff present.
    Adv.Jitendra Chinchambekar for defts. present. He undertakes to file vakalatnama on next date for both defendants.
    Ld.Adv. for deft. requested time for hearing. Considering the new appearance time granted.
    Matter adjd to 08.08.2022 for NM Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-08-2022
    
    Date: 08-08-2022
    Business: Adv.Bhagyashree Dhamapurkar for plaintiff present.
    Adv.Faiyaz Ansari present and filed vakalatnama for Adv.Rahul Raut on behalf of defendants t.o.r. and marked as Exh.3.
    KB
    LO at 04.35 pm
    Same appearance.
    Heard adv.of pltff.in NM 3796/19.
    Matter adjd to 12.09.2022 for argument of adv.of deft.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-09-2022
    
    Date: 08-08-2022
    Business: Adv.Bhagyashree Dhamapurkar for plaintiff present.
    Adv.Faiyaz Ansari present and filed vakalatnama for Adv.Rahul Raut on behalf of defendants t.o.r. and marked as Exh.3.
    KB
    LO at 04.35 pm
    Same appearance.
    Heard adv.of pltff.in NM 3796/19.
    Matter adjd to 12.09.2022 for argument of adv.of deft.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-09-2022
    
    Date: 12-09-2022
    Business: PO is on leave in Second Session.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-11-2022
    
    Date: 12-09-2022
    Business: PO is on leave in Second Session.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-11-2022
    
    Date: 14-11-2022
    Business: Court is on Leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-01-2023
    
    Date: 14-11-2022
    Business: Court is on Leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-01-2023
    
    Date: 10-01-2023
    Business: Adv.Sandesh Daptare h/f.Adv.Nikhil Rajeshirke for plaintiff present.
    Adv.Sujit Suresh h/f.Adv.Rahul Raut for defendants present.
    On oral request of the defendants matter adjd to 21.02.2023 for argument of deft. in NM.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-02-2023
    
    Date: 21-02-2023
    Business: None present for both sides. NM is in morning session. KB
    LO at 12.05 pm
    None present for both sides. NM is in morning session. KB
    LO at 05.20 pm
    Adv.Tejasvi Salvi h/f.Adv.Rajesh Shetye for plaintiff present.
    Adv.Devisingh Deora h/f.Adv.Rahul Raut for defendants present.
    The Adv.for defendant submits that the sole plaintiff has expired. The advocate for the plaintiff has no instructions in that regard.
    Matter adjd to 28.03.2023 at second session for steps by plaintiff/defendants argument in NM.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 28-03-2023
    
    Date: 28-03-2023
    Business: Adv. Mr. Avnendra Kumar h/f. Adv. Mr. Prajapati for plaintiff present.
    Defendant in person is present.
    KB.
    Later on,
    Advocate for plaintiff filed copy of draft Notice of Motion.
    Copy is received by deft. No.1.
    Matter adjd to 28.04.2023 for Reply.
    L.O.
    Adv.Mr. M.H. Thakur for deft. No.1 is present and filed draft Notice of Motion for condonation of delay. T.O.R.
    Matter adjd to 28.04.2023 for Reply.
    Next Purpose: REPLY
    Next Hearing Date: 28-04-2023
    
    Date: 28-04-2023
    Business: Adv.Bhagyashree Dhamapurkar h/f.Adv.Nikhil Rajeshirke for plaintiff present. None present for defendant.
    On plaintiff\''s request matter adj. to 24.07.2023 for steps in respect of deceased plaintiff.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 24-07-2023
    
    Date: 28-04-2023
    Business: Adv.Bhagyashree Dhamapurkar h/f.Adv.Nikhil Rajeshirke for plaintiff present. None present for defendant.
    On plaintiff\''s request matter adj. to 24.07.2023 for steps in respect of deceased plaintiff.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 24-07-2023
    
    Date: 24-07-2023
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 12-09-2023
    
    Date: 12-09-2023
    Business: Adv. for plaintiff present.
    None for defendant
    Matter is adjd.to 10-10-2023 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 10-10-2023
    
    Date: 10-10-2023
    Business: Adv. Tejaswi Salvi for plaintiff present.
    None for defendant
    Matter is adjd.to 05-12-2023 for step by plaintiff.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 05-12-2023
    
    Date: 05-12-2023
    Business: Adv. Dhamapurkar for plaintiff present.
    None for defendant.
    Matter is adjourned to 16.01.2024 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 16-01-2024
    
    Date: 05-12-2023
    Business: Adv. Dhamapurkar for plaintiff present.
    None for defendant.
    Matter is adjourned to 16.01.2024 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 16-01-2024
    
    Date: 16-01-2024
    Business: Adv. Rutuja Gavas  for plaintiff present.
    Adv. Jitendra Chinchambekar for defendant present.
    Matter is adjourned to 26-02-2024 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 26-02-2024
    
    Date: 26-02-2024
    Business: Adv. Sandesh Daptare for plaintiff present.
    Adv. Jitendra Chinchambekar for defendant present.
    LO
    Since no one in present for plaintiff when called out 3.40pm and though the defendant counsel on 21-02-2023 made submission that the sole plaintiff has expired, no steps has been taken by plaintiff in that regard. Hence, matter stands adjourned for order against plaintiff.
    Matter is adjourned to 02-04-2024 for order against plaintiff .
    Next Purpose: ORDER
    Next Hearing Date: 02-04-2024
    
    Date: 02-04-2024
    Business: None for plaintiff.
    Adv. Devisingh Deora h/f Adv. Rahul Raut for defendant present.
    Matter is adjourned to 11-06-2024 for order.
    Next Purpose: ORDER
    Next Hearing Date: 11-06-2024
    
    Date: 11-06-2024
    Business: None for plaintiff.
    None for defendant
    Matter is adjd to 12-07-2024 for order against plaintiff.
    Next Purpose: ORDER
    Next Hearing Date: 12-07-2024
    
    Date: 12-07-2024
    Business: None for plaintiff.
    None for defendant
    Matter is adjourned to 03-08-2024 for order against plaintiff.
    Next Purpose: ORDER
    Next Hearing Date: 03-08-2024
    
    Date: 03-08-2024
    Business: Court is on leave.
    Next Purpose: ORDER
    Next Hearing Date: 09-08-2024
    
    Date: 09-08-2024
    Business: None present.
    Court is busy in passing the orders in CS No.1254 of 2024, N/M No.1946 of 2021 and C/S No.956 of 2019 hence matter is adjourned to 31/08 2024 for order against plaintiff.
    Next Purpose: ORDER
    Next Hearing Date: 31-08-2024
    
    Date: 31-08-2024
    Business: None present for both the parties.
    Matter is adjourned to 04-10-2024 for Order.
    Next Purpose: ORDER
    Next Hearing Date: 04-10-2024
    
    Date: 31-08-2024
    Business: None present for both the parties.
    Matter is adjourned to 04-10-2024 for Order.
    Next Purpose: ORDER
    Next Hearing Date: 04-10-2024
    
    Date: 04-10-2024
    Business: None for plaintiff.
    None for defendant.
    Later on at 4.15 p.m.
    Order
    From the Roznama it appears that on various dates on behalf of defendant, it was submitted that the sole plaintiff is no more. But in this regard, on behalf of plaintiff, nothing is filed on record and no further steps has been taken. Since, last 5 dates none present for both the sides. The Notice of Motion No. 3796/2019 is admittedly more than 5 years old and plaintiff has failed to take steps so certainly inference can be drawn against her that she is not interested to proceed with the Notice of Motion, accordingly, it is dismissed for want of prosecution.
    Nature Of Disposal: OTHER
    Disposal Date: 04-10-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 111059/2019
    Filing Date: 11-10-2019
    First Hearing Date: 04th November 2019
    Decision Date: 04th October 2024
    Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    04 Oct 2024
    Order Details: Notice of Motion
    Pdf Text: Daily Status
    IN THE COURT OF :COURT 62 ADDL SESSIONS JUDGE
    Case No. :NOTICE OF MOTION/0103796/2019
    Smt.Laxmi Bhaskar Bandarkar Vs 1. Mr.S wami Bhaskar Bandarkar And Anr
    Date : 04-10-2024
    Business : None for plaintiff. None for defendant. Later on at 4.15 p.m.
    Order From the Roznama it appears that on various dates on
    behalf of defendant, it was submitted that the sole plaintiff is
    no more. But in this regard, on behalf of plaintiff, nothing is
    filed on record and no further steps has been taken. Since, last
    5 dates none present for both the sides. The Notice of Motion
    No. 3796/2019 is admittedly more than 5 years old and
    plaintiff has failed to take steps so certainly inference can be
    drawn against her that she is not interested to proceed with the
    Notice of Motion, accordingly, it is dismissed for want of
    prosecution.
    Nature of Disposal : OTHER
    Disposal Date : 04-10-2024
    COURT 62 ADDL SESSIONS JUDGE
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