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NOTICE OF MOTION

Chhabildas Dalichand BhayaniVsJagdish Shantikumar Gandhi and Ors.

CNR MHCC0101032420193-COURT 03 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 12th June 2026

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
103827/2019
Registration Date
14 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: 06-11-2019
    Business: Adv. Dhoke for plaintiff present and filed original NM no. 3827/19 along with affidavit.
    Adv. Joshi for defendant no. 1(a) to 1(d) and 2(a) to 2(c) present.
    Matter stands Adj for reply to NM on 18.12.19.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 18-12-2019
    
    Date: 18-12-2019
    Business: Court is busy in dictating order in Suit no. 2925/15 and 2422/17. Hence, board discharged.
    Defendant no. 2A present and filed reply to NM no. 3827/19. He undertakes to serve copy on other side by next date.
    Matter stands Adj for hearing on NM to 05.02.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-02-2020
    
    Date: 05-02-2020
    Business: Adv. Prerana Dhoke for plaintiff present.
    Adv. M. B. Joshi for defendant 1(a) to 1(b) and 2(a) to 2(c) present and served the copy of reply to Ld. counsel for plaintiff.
    Matter stands Adj for hearing on NM to 17.03.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-03-2020
    
    Date: 17-03-2020
    Business: Adv. Dhoke h/f Adv. P. J. Lad for plaintiff present and seeks adjournment on the ground that Adv. Lad is not available. Adjournment granted.
    Adv. Joshi for defendant no. 1 and 2 present and submitted that reply to NM has been filed on behalf of defendant no.  2(a) to 2(c) and defendant no. 1(a) to 1(b) will be filing their reply by next date.
    As per directions of office order  no. 66 of 2020 r/w notification dated 14.03.2020, board is discharged.
    Matter stands Adj for reply and hearing of NM to 12.06.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-06-2020
    
    Date: 12-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-09-2020
    
    Date: 15-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-10-2020
    
    Date: 27-10-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-01-2021
    
    Date: 06-01-2021
    Business: Advocate Ms. Prerna Doke h/f adv. Lad for Plaintiff present.
    None for respondents.
    The case is adjourned to 30.01.2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-01-2021
    
    Date: 30-01-2021
    Business: Advocate Ms.Prerna Dhoke h/f adv.Lad for plaintiff present.
    None for defendant.
    The case is adjourned to 05.03.2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-03-2021
    
    Date: 05-03-2021
    Business: As Court is busy in hearing Notice of Motion in SU No.7603/89 the board is discharged.
    The case is adjourned to 12.04.2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-04-2021
    
    Date: 12-04-2021
    Business: Declared holiday as per office order 78 of 2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-07-2021
    
    Date: 01-07-2021
    Business: In view of office order No. 120/2021 dtd. 27.06.2021 r/w  Office Order No.106/2021 dtd 14.06.2021 of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dtd. 09.06.2021 of Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases and the views of stakeholders, the matter is adjourned.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-09-2021
    
    Date: 03-09-2021
    Business: Adv. Prerana Dhoke h/f. P.G. Lad for plaintiff present.
    Defendant 2(a) Naresh Shah in person present.
    Court is busy in recording evidence of SU 2194/09, SU 8472/00, SU 8473/00 and SU 9563/99.
    Hence, matter adjourned to 13.10.2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-10-2021
    
    Date: 13-10-2021
    Business: Matter called out at 3.18 p.m.
    Adv. R. R. Pawar h/f Adv. P. G. Lad for plaintiff present.
    Adv. Madhusudan B. Joshi for Deft. No.1(a) to 1(d) and 2(a) to 2(c) present.
    Deft. No.1(a) to 1(d) and 2(a) to 2(c) tendered reply to NM No.3827/19. TOR.
    Copy supplied to other side.
    Matter stands adjourned to 13.12.2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-12-2021
    
    Date: 13-12-2021
    Business: Adv. R. R. Pawar for plaintiff present.
    Adv. Madhusudan Joshi for Deft. No.1(a) to 1(b) and 2(a) to 2(c) present.
    As court is busy in recording evidence in SU No.7250/05.
    Therefore, matter stands adjourned to 10.01.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-01-2022
    
    Date: 10-01-2022
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-02-2022
    
    Date: 01-02-2022
    Business: Court is on Leave, Hence Board is discharged.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-03-2022
    
    Date: 23-03-2022
    Business: Matter called out at 3.05 p.m.
    Adv. Prakash Lad for plaintiff present.
    Adv. Madhusudan Joshi for Deft. 1(a) to (d), 2(a) to (c) present.
    Matter stands adjourned to 20.06.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-06-2022
    
    Date: 20-06-2022
    Business: Court is on Leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-08-2022
    
    Date: 03-08-2022
    Business: Adv. R. R. Pawar for plaintiff present. She is seeking time. Time granted.
    She is directed to argue on tenability of disposed NM No.725/2018.
    Adv. Madhusudan Joshi for Deft. no.1(a) to 1(d) and 2(a) to 2(c) present.
    Matter stands adjourned to 29.09.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-09-2022
    
    Date: 29-09-2022
    Business: Adv. R. R. Pawar h/f Adv. P. G. Lad for plaintiff present. She is seeking time. Time granted.
    Adv. Madhusudan Joshi for defendant present.
    Matter stands adjourned to 14.12.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-12-2022
    
    Date: 14-12-2022
    Business: Adv. R. R. Pawar h/f Adv. P. G. Lad for plaintiff present. She is seeking time. Time granted.
    Adv. Madhusudan Joshi for Deft. no.1(a) to 1(d) and 2(a) to 2(c) present.
    Matter stands adjourned to 09.02.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-02-2023
    
    Date: 14-12-2022
    Business: Adv. R. R. Pawar h/f Adv. P. G. Lad for plaintiff present. She is seeking time. Time granted.
    Adv. Madhusudan Joshi for Deft. no.1(a) to 1(d) and 2(a) to 2(c) present.
    Matter stands adjourned to 09.02.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-02-2023
    
    Date: 09-02-2023
    Business: Adv. R.R.Pawar h/f P.G.Lad for plaintiff present.
    Adv. Madhusudan Joshi for defendant NO. 1A TO 1D  AND 2A TO 2C Present..
    Advocate for plaintiff seeking time - Time granted.
    Matter stands adjourned to 17.04.2023 for   hearing on N.M
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-04-2023
    
    Date: 17-04-2023
    Business: Court is on leave. (Afternoon session)
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-06-2023
    
    Date: 30-06-2023
    Business: As P.O. is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-08-2023
    
    Date: 23-08-2023
    Business: As Court is on leave, matter is adjourned.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-10-2023
    
    Date: 27-10-2023
    Business: Plaintiff in person present.
    Adv present for Defendant nos. 1 (a) to 1(d) and 2 (a) to 2 (c).
    Matter stands adjourned on 09-01-2024 for NM dismissal
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 09-01-2024
    
    Date: 09-01-2024
    Business: Advocate  R.R. Pawar h/f Advocate P .G. Lad for Plaintiff present.
    Advocate M. B. Joshi for defendant no. 1 (a) to 1 (d) present.
    The record indicate that the order of dismissal of NM 725/2018 was passed as the plaintiff failed to file registered NM on record despite of giving several opportunity. Now the Plaintiff is directed to file certified copy of NM No. 725/2018 on record and thereafter argue on NM 3827/2019.
    Matter stands adjourned on 19-03-2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-03-2024
    
    Date: 19-03-2024
    Business: None for Plaintiff present.
    Adv. Joshi for defendant no. 1 (a) to 1 (d) present.
    Matter stands adjourned on 02-05-2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-05-2024
    
    Date: 02-05-2024
    Business: Adv. P. G. Lad for Plaintiff present.
    Adv. A. J. Rizvi h/f Adv. M. B. Joshi for defendant present
    Application filed by plaintiff to reconstruct the NM. Taken On Record. O - Other side to say.
    Matter stands adjourned on 12-06-2024 for say.
    Next Purpose: FILING SAY
    Next Hearing Date: 12-06-2024
    
    Date: 12-06-2024
    Business: P. O. is on leave.
    Next Purpose: FILING SAY
    Next Hearing Date: 25-07-2024
    
    Date: 25-07-2024
    Business: None for Plaintiff present.
    Adv. Madhusudan Joshi for defendant no. 2 (A) present and filed reply to NM No. 3827/2019. t.o.r.
    Matter stands adjourned on 06-09-2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-09-2024
    
    Date: 06-09-2024
    Business: None for Plaintiff present.
    Adv. Madhusudan Joshi for defendant no.2 (a) present.
    Plaintiff is directed to argue on NM No. 3827/19 on next date without fail.
    Matter stands adjourned on 08-11-2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-11-2024
    
    Date: 08-11-2024
    Business: None for Plaintiff present.
    Defendant No.2 in person present.
    Plaintiff is directed to argue on NM on next date without fail otherwise pleadings of the parties will be treated as arguments and NM will be dismissed.
    Matter stands adjourned on 02-01-2025 for dismissal of NM.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-01-2025
    
    Date: 02-01-2025
    Business: CORAM - H.H.J. SMT. A. B. SHARMA (CR. 03)
    Plaintiff is in person present and filed application for adjournment. t.o.r. His Adv. is absent. He is requesting for adjournment. The NM is pending since year 2019. The plaintiff wants to change his advocate. Considering this aspect, last chance is granted.
    Adv. Madhusudan B. Joshi  for defendant Nos. 1 (a) to 1 (d) and 2 (a) to 2 (d) present.
    Matter stands adjourned on 20-02-2025 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-02-2025
    
    Date: 20-02-2025
    Business: Court is on leave
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-04-2025
    
    Date: 09-04-2025
    Business: CORAM - H.H.J. SMT. A. B. SHARMA (CR. 03)
    Advocate Batul i/b Advocate Jayesh Patel for Plaintiff present and filed Vakalatnama. t.o.r.
    Defendant No. 2 (A) in person is present.
    Matter stands adjourned on 25-06-2025 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-06-2025
    
    Date: 25-06-2025
    Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
    Advocate Jayesh Patel for Plaintiff present.
    Defendant no.2  is present.
    By consent adjournment for argument.
    Matter stands adjourned to 22.08.2025 for argument at 2:45 p.m.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 22-08-2025
    
    Date: 22-08-2025
    Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
    Advocate Namrata Pujari for Plaintiff present.
    Advocate M. B. Joshi for defendant Nos.1 (a) to 1 (d) and 2 (a) to 2 (c) present.
    Matter stands adjourned to 09-10-2025 for NM hearing at 2.45 p.m.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 09-10-2025
    
    Date: 09-10-2025
    Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
    None present.
    Kept back.
    Advocate Jayesh Patel for defendant Nos. 1 (a) to 1 (d), 2 (a) to 2 (c) present.
    Later on. Court is busy in other matter.
    Matter stands adjourned for argument to 05-12-2025.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 05-12-2025
    
    Date: 05-12-2025
    Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
    Advocate for Plaintiff present.
    Advocate for defendant Nos. 1 (a) to 1 (d) and 2 (a) to 2 (c) present.
    By consent matter stands adjourned for NM argument to 06-02-
    2026.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 06-02-2026
    
    Date: 06-02-2026
    Business: CORAM - H.H.J. SHRI. S. M. BUKKE (CR. 03)
    Advocate Jayesh Patel for Plaintiff present.
    Advocate N. B. Joshi for defendant Nos. 1 (a) to 1 (d) and 2 (a) to 2 (c) present.
    To hear the argument on NM 3827/2019 it is necessary to first
    decide the application dtd. 02.05.2024. As on today there is no
    document to recast the missing NM No. 725/2018. In such
    circumstances, matter stands adjourned for providing copy of NM
    No. 725/2018 by either of the party.
    Matter stands adjourned for argument on application dtd.
    02.05.2024 and NM hearing to 24-02-2026.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 24-02-2026
    
    Date: 24-02-2026
    Business: CORAM - H.H.J. SHRI. S. M. BUKKE (CR. 03)
    None for plaintiff present.
    Advocate Batul h/f Advocate Jayesh Patel defendant Nos. 1 (a) to 1 (d), 2 (a) to 2 (c) present. On her request. Matter stands adjourned for dismissal order to 10-03-2026.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 10-03-2026
    
    Date: 10-03-2026
    Business: CORAM - H.H.J. SHRI. S. M. BUKKE (CR. 03)
    Advocate Jayesh Patel for Plaintiff present.
    Advocate Madhusudan Joshi for defendant Nos. 1 (a) to 1 (d) and 2 (a) to 2 (c) present.
    Application filed by plaintiff on dtd. 02.05.2024, today it is marked at Exh.28. F.R.S.R. following order is passed on Exh.28.
    ORDER
    1. The Application filed by plaintiff dtd. 02.05.2024 vide Exh.28 to recast Notice of Motion No. 725/18 is allowed subject to costs of Rs. 3,000/- payable to defendant No.2 (a).
    2. The defendant No 2 (a) has provided the photo copy of NM 725/2018 a/w its affidavit in support. It be re-casted and taken on record on payment of cost.
    3. The office is directed to accept the office copy of Notice of Motion  No. 725 of 2018 and to re-cast the same.
    4. The restored Notice of Motion shall be listed for hearing in due course.
    5. Accordingly, Application Exh.28 is disposed of.
    Matter stands adjourned for compliance to 06-04-2026.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 06-04-2026
    
    Date: 06-04-2026
    Business: CORAM - H.H.J. SHRI. S. M. BUKKE (CR. 03)
    Advocate  Batul Babogi for Plaintiff present and filed pursis regarding compliance of order dtd. 10.03.2026. Marked at Exh.29.
    Advocate Madhusudan Joshi for defendant Nos. 1 (a) to 1 (d) and 2 (a) to 2 (c) present.
    Matter stands adjourned for argument on NM to 09-06-2026.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-06-2026
    
    Date: 09-06-2026
    Business: CORAM - H.H.J. SHRI. S. M. BUKKE (CR. 03)
    Advocate Jayesh for Plaintiff present.
    Advocate M. B. Joshi  for defendant No. 1 (a) to 1 (d) and 2 (a) to 2 (c) present.
    Heard Ld. Advocate for plaintiff as well as Ld. Advocate for 1 (a) to 1 (d) and 2 (a) to 2 (c) on NM 3827/2019.
    Matter stands adjourned for NM order to 12-06-2026.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 12-06-2026
    
    Date: 12-06-2026
    Business: CORAM - H.H.J. SHRI. S. M. BUKKE (CR. 03)
    Advocate Irshad Shaikh for Plaintiff present.
    Advocate Joshi  for defendant Nos. 1 (a) to 1 (d) and 2 (a) to 2 (c) present.
    F.R.S.R. following order is passed on Notice of Motion No. 3827 of 2019.
    O R D E R
    1. Notice of Motion No. 3827 of 2019 made absolute in terms of prayer clause (a) and (b) subject to costs of Rs. 10,000/- payable to defendant within one month.
    2. On payment of costs, Notice of Motion 725 of 2018 be restored to file at its original stage.
    3. Notice of Motion No. 3827 of 2019 stands disposed of.
    Nature Of Disposal: ALLOWED
    Disposal Date: 12-06-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 110750/2019
    Filing Date: 14-10-2019
    First Hearing Date: 06th November 2019
    Decision Date: 12th June 2026
    Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE

    Orders

    3
    Final Order 2
    12 Jun 2026
    Order Details: Notice of Motion
    Interim Order 1Full order available
    10 Mar 2026

    Order Details: Order below exhibit Pdf Text: Exhibit-28-NM.No.3827/2019 -1- SU.No.1152/2000 MHCC010103242019 IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY ORDER BELOW APPLICATION EXHIBIT-28 IN NOTICE OF MOTION NO.3827 OF 2019 IN NOTICE OF MOTION NO.725 OF 2018 IN S. C. SUIT NO.1152 OF 2000 Chhabildas Dalichand Bhayani .. Plaintiff Versus Jagdish Shantikumar Gandhi & Ors. .. Defendant Appearance :- Ld. Advocate Mr. P. G. Lad for the Plaintiff. Ld. Advocate Mr. Madhusudan Joshi for the Defendants. CORAM: HIS HONOUR…

    Read Full Order
    Order 1Full order available
    10 Mar 2026

    Order Details: Order below exhibit Pdf Text: Exhibit-28-NM.No.3827/2019 -1- SU.No.1152/2000 MHCC010103242019 IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY ORDER BELOW APPLICATION EXHIBIT-28 IN NOTICE OF MOTION NO.3827 OF 2019 IN NOTICE OF MOTION NO.725 OF 2018 IN S. C. SUIT NO.1152 OF 2000 Chhabildas Dalichand Bhayani .. Plaintiff Versus Jagdish Shantikumar Gandhi & Ors. .. Defendant Appearance :- Ld. Advocate Mr. P. G. Lad for the Plaintiff. Ld. Advocate Mr. Madhusudan Joshi for the Defendants. CORAM: HIS HONOUR…

    Read Full Order

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