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
1For Petitioner
For Respondent
Not available
Parties
2Petitioner
Respondent
Acts & Sections
1Protection 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
1Final Order 104 Oct 2024
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 -- 1 of 1 --
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