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NOTICE OF MOTION

Mohammed Afzal S/O. Noor Mohammed PatniVsM.c.G.M. and Ors.

CNR MHCC0101053820195-COURT 05 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 06th March 2025

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
103862/2019
Registration Date
17 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: 13-11-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-12-2019
    
    Date: 16-12-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-02-2020
    
    Date: 07-02-2020
    Business: Advocate for plaintiff present.
    Advocate for defendant no. 4 present.
    Ld. Adv. for defendant no. 4 requested for time.- Granted.
    Advocate Vyavahare for defendant/BMC present.
    Adjourned for Ch/s Hearing to 20/04/2020.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 20-04-2020
    
    Date: 20-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: C/S  HEARING
    Next Hearing Date: 11-05-2020
    
    Date: 11-05-2020
    Next Purpose: C/S  HEARING
    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: C/S  HEARING
    Next Hearing Date: 17-06-2020
    
    Date: 17-06-2020
    Next Purpose: C/S  HEARING
    Next Hearing Date: 03-07-2020
    
    Date: 03-07-2020
    Business: COVID-19
    Next Purpose: C/S  HEARING
    Next Hearing Date: 28-08-2020
    
    Date: 28-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: C/S  HEARING
    Next Hearing Date: 21-10-2020
    
    Date: 21-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: C/S  HEARING
    Next Hearing Date: 25-01-2021
    
    Date: 25-01-2021
    Business: None for plaintiff.
    Advocate for deft/BMC present.
    Adjourned for Ch/s Hearing to 03/03/2021.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 03-03-2021
    
    Date: 03-03-2021
    Business: Advocate for Plaintiff present.
    Advocate for defendant/BMC present.
    Advocate for defendant No.4 present.
    Court busy in Hearing Other Urgent Matters.
    Adjourned for C/S Hearing to 09.04.2021.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 09-04-2021
    
    Date: 09-04-2021
    Business: In the view of covid-19 pandemic, board is discharged, hence matter is adjd for.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 18-06-2021
    
    Date: 18-06-2021
    Business: In view of office circular only urgent matters are taken for hearing and remaining board is discharged. Matter adjourned for
    Next Purpose: C/S  HEARING
    Next Hearing Date: 12-07-2021
    
    Date: 12-07-2021
    Business: As presiding officer is on leave today hence matter is adjourn to
    Next Purpose: C/S  HEARING
    Next Hearing Date: 13-08-2021
    
    Date: 13-08-2021
    Business: Adv. Gaokar h/f adv. shrivastav present for plaintiff and sought adjournment.
    Adv. Soraan present for MCGM/defendant.
    Matter adjourned for Cs. hrg. to. 24/09/2021.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 24-09-2021
    
    Date: 24-09-2021
    Business: Adv. Gavkar present for plaintiff and sought adjornment.
    Adv. absent for MCGM/defendant.
    Adv. Patil h/f adv. Madakaikar present defendant no. 04.
    Matter adjourned for reply/arguments on chs. to. 12/10/21.
    Next Purpose: REPLY
    Next Hearing Date: 12-10-2021
    
    Date: 12-10-2021
    Business: As presiding officer is on leave hence, matter is adjd. to.
    Next Purpose: REPLY
    Next Hearing Date: 09-12-2021
    
    Date: 09-12-2021
    Business: As court is busy in hearing arguments and dictating on order in suit no. 2973/15, and order on nm no.  1564/18 in suit no. 800/15. Hence, remaining board is discharged and hence matter is adjd. to. 15/02/22.
    Next Purpose: REPLY
    Next Hearing Date: 15-02-2022
    
    Date: 15-02-2022
    Business: Adv. Shrivastav  present for plaintiff.
    Adv. Vidya Vyavahare present  for MCGM/defendant no. 01.
    Plaintiff in person present.
    Adv. for defendant no. 01 filed reply on chs. no. 1871/2019 itself.
    Matter adjourned for cs hearing to 22/02/22.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 22-02-2022
    
    Date: 22-02-2022
    Business: Adv. Ramesh Singh Ib Adv. S. P.  Shrivastav present for plaintiff.
    Adv. Vidya present  for MCGM/defendant.
    None present for other def. no. 02 to 09.
    Heard arguments of Ld. Adv. for plaintiff and Ld. adv. for defendant on chs. no. 1871/2019.
    Matter adjourned for arguments of other defendants/order on chs. no. 1871/19 to 05/03/22.
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 05-03-2022
    
    Date: 05-03-2022
    Business: As presiding officer is on leave. Hence, matter is adjourned to
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 28-04-2022
    
    Date: 28-04-2022
    Business: H.H.J gone to training programe at Uttan hence, board discharged matter adjd to.
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 30-06-2022
    
    Date: 30-06-2022
    Business: The court is busy in Judgment SC No. 381/2020 and order dictating in Su. No.hence, for want of time following board discharged.
    Afternoon board
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 04-08-2022
    
    Date: 04-08-2022
    Business: As court is busy.
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 27-09-2022
    
    Date: 27-09-2022
    Business: Court is busy.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 19-11-2022
    
    Date: 19-11-2022
    Business: As P.O. is on leave. Hence matter is ajdj.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 05-01-2023
    
    Date: 05-01-2023
    Business: As Court is busy in urgent hearing in group matters i.e. Suit No. 313 to 320 of 2022 and also busy in in-charge court matters. Hence want of time remaining board is discharged.
    Matter is adjd for NM on 02-03-2023
    Next Purpose: C/S  HEARING
    Next Hearing Date: 02-03-2023
    
    Date: 02-03-2023
    Business: As P.O. is on leave. Hence matter adjourned.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 25-04-2023
    
    Date: 25-04-2023
    Business: Adv. Srivastava present for plaintiff.
    Adv. Vyavhare @ Adv. Rawade present for MCGM/defendant.
    Adv. Bandekar present for def.
    Matter adjourned for NM hearing on 15-07-2023.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 15-07-2023
    
    Date: 15-07-2023
    Business: None for plaintiff.
    Adv. Shreekrishna Khairnar h/f Adv. Paresh Madkaikar for defendant No.4 present.
    Adv. Mrs. Rawade for defendant/ BMC present.
    Matter is adjd. to 29/08/2023 for N/M hrg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-08-2023
    
    Date: 29-08-2023
    Business: Adv. Ramesh Singh for Plaintiff present.
    Adv. Khairnar h/f Adv. Madkaikar for D-4 present.
    Adv. Rawade h/f Adv. Ms. Vyavahare for MCGM present.
    Heard arguments of both sides on Ch/s No. 1871/19.
    Matter is adjd to 06.09.2023 for order on Ch/s No. 1871/19.
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 06-09-2023
    
    Date: 06-09-2023
    Business: Adv. Shrivastav for plaintiff present.
    Adv. Pradip Patil for defendant/ BMC present.
    Adv. Madkaikar for defendant No.4 presenet.
    FRSR the following order is passed -
    Order on Ch/s No.1871 of 2019
    1 Chamber Summons No.1871 of 2019 is allowed in terms of prayer clause(a) subject to cost of Rs.3,000/- which shall be paid to the defendant No.4 though his advocate.
    2 The plaintiff is allowed to bring LRs. of deceased defendant No.3, as prayed and thereby delay in applying for bringing the LRs. is condoned and abatement, if any, is hereby set aside.
    3 The plaintiff is directed to pay the cost to the advocate for the defendant No.4 and to comply the order within 14 days from the date of this order.
    4 Chamber Summons No.1871 of 2019 is disposed off accordingly.
    Matter is adjd. to 25.09.2023 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 25-09-2023
    
    Date: 25-09-2023
    Business: The P.O. is on leave. Hence, matter is adjourned.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 23-10-2023
    
    Date: 23-10-2023
    Business: Adv. S. P. Srivastav for Plaintiff.
    Adv. Khairnar h/f adv. Madkaikar for D-4 present.
    Ld. Adv. for plaintiff has tendered the copy of amended plaint. TOR. Copy served to other side.
    Matter is adjd  to 08.11.2023 for additional w.s.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 08-11-2023
    
    Date: 08-11-2023
    Business: None for Plaintiff.
    Adv. Khairnar h/f Adv. Madkaikar for D-3 present.
    Adv. Pradip Patil for MCGM present.
    On oral request of Ld. Adv. For defendant matter is adjourned.
    Matter is adjd to 03.01.2024 for additional w.s. if any.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 03-01-2024
    
    Date: 03-01-2024
    Business: Adv. Srivastav for Plaintiff present.
    Adv. Khairnar h/v Adv. Madkaikar for D-4 present.
    Adv. Pradip Patil for MCGM/D-1 present.
    None for D-2, D-3 D-5 to D-9.
    On oral request of Ld. Adv. For plaintiff matter is adjourned.
    Matter is adjd to 23.01.2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-01-2024
    
    Date: 23-01-2024
    Business: P O is on leave
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-02-2024
    
    Date: 29-02-2024
    Business: Adv. Shrivastava for Plaintiff present.
    Plaintiff in person present.
    Adv. Vyavahare for defendant/BMC present.
    Adv. Khairnar h/f Adv. Madkaikar alongwith defendant no.4 present
    On oral request of Ld. Adv. For defendant no.4 matter is adjourned.
    Matter is adjd  to  26-03-2024   for NM  reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 26-03-2024
    
    Date: 26-03-2024
    Business: Adv. S. P. Srivastav for Plaintiff present.
    Adv. Khairnar for D-4 present.
    Adv. Vyavahare for D-1 and D-2/BMC present.
    On oral request of Ld. Adv. For D-4 matter is adjourned.
    Matter is adjd  to 29.04.2024 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 29-04-2024
    
    Date: 29-04-2024
    Business: Plaintiff present. His advocate is absent.
    Adv. Pradeep Patil h/f Adv. Vyavahare for MCGM present.
    On oral request of Ld. Adv. For defendant matter is adjourned.
    Inspite of granting several chance to file reply to the notice of motion, none present for and on behalf of defendant no. 4. Hence, NM no. 3862/19 to proceed without reply of defendant no. 4.
    Matter is adjd  to 09.07.2024 for hearing on NM No. 3862/19.
    Later on at 3.45 p.m. Adv. Madkaikar for D-4 present and filed an application for taking there affidavit in reply on record along with affidavit in reply to the NM No. 3862/19.  Taken on record and marked at Exh.5 Other side to say.
    Matter is adjd  to 09.07.2024 for say on Exh. 5 and hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-07-2024
    
    Date: 09-07-2024
    Business: Adv. S. P. Srivastav for Plaintiff present.
    Adv. Rushikesh Bandekar h/f Adv. Paresh Madkaikar for D-4 present.
    Adv. Sachin Vajale for defendant NO.1/BMC present.
    None for D-2, D-3 and D-5 to D-9.
    Ld. Adv. for plaintiff has filed say on overleaf of the Exh.5. Taken on record.
    Matter is adjd  to 30.07.2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-07-2024
    
    Date: 30-07-2024
    Business: Adv. S. P. Srivastav for Plaintiff present.
    Adv. Rushikesh Bandekar h/f Adv. Paresh Madkaikar for D-4 present.
    Adv. Sachin Vajale for defendant/BMC present.
    Ld. Adv. for plaintiff has filed affidavit in rejoinder. Taken on record. Copy served to other side.
    On oral request of Ld. Adv. For defendant matter is adjourned.
    Matter is adjd  to 12.09.2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-09-2024
    
    Date: 12-09-2024
    Business: P O IS ON LEAVE
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-10-2024
    
    Date: 08-10-2024
    Business: Adv. Omprakash Pasi h/f Adv. S. P. Srivastav for Plaintiff present.
    Plaintiff present.
    Adv. Chaitanya Dalvi for Defendant/MCGM present.
    On oral request of Ld. Adv. For plaintiff matter is adjourned.
    Matter is adjd  to 19.11.2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-11-2024
    
    Date: 19-11-2024
    Business: Adv. S. P. Srivastav for Plaintiff present.
    Adv. Rushikesh Bandekar h/f Adv. Paresh Madkaikar for D-4 present.
    Adv. Shital Waghmare for Defendant/MCGM present.
    On oral request of Ld. Adv. For defendant matter is adjourned.
    Matter is adjd  to 12.12.2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-12-2024
    
    Date: 12-12-2024
    Business: Adv. Omprakash Pasi h/f Adv. Srivastav for Plaintiff present.
    Plaintiff present.
    Adv. Sachin Vajale for defendant/BMC present.
    On oral request of Ld. Adv. For plaintiff matter is adjourned.
    Matter is adjd  to  04.02.2025  for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-02-2025
    
    Date: 04-02-2025
    Business: None for Plaintiff.
    Adv. Sachin Vajale for defendant/BMC present.
    Matter is adjd to 06.03.2025 for NM hearing.
    Later on at 3.20 p.m. Adv. Omprakash Pasi h/f Adv. S. P. Srivastav along with plaintiff present.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-03-2025
    
    Date: 06-03-2025
    Business: Adv. S. P. Srivastav for Plaintiff present.
    Adv. Rishikesh Bandekar h/fA dv. Paresh Madkaikar for D-4 present.
    Adv. Sachin Vajale for defendant/BMC present.
    Heard arguments of both sides on NM No. 3862/19.
    FRSR the following order is passed -
    Order on NM No.3862 of 2019
    1. Notice of Motion No.3862 of 2019 is allowed.
    2. Plaintiff do pay costs of Rs.2,000/- to the defendant No.4 on or before next date and after compliance of this direction, Notice of Motion No.1630 of 2012 be restored to its original number.
    3. Continuation of ad-interim protection granted by order Dtd.17/05/2012 is concerned, the said point will be decided afresh after restoration of Notice of Motion No.1630 of 2012.
    4. Notice of Motion is accordingly disposed off.
    Matter is adjd to  15.04.2025 for compliance.
    Nature Of Disposal: ALLOWED
    Disposal Date: 06-03-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 111337/2019
    Filing Date: 17-10-2019
    First Hearing Date: 13th November 2019
    Decision Date: 06th March 2025
    Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    06 Mar 2025

    Order Details: Notice of Motion Pdf Text: 1 N.M. No. 3862 of 2019 CNR:MHCC01-010538-2019 IN THE BOMBAY CITY CIVIL C0URT AT BOMBAY NOTICE OF MOTION No. 3862 OF 2019 IN L.C. SUIT No. 1367 OF 2012 Mr. Mohammed Afzal S/o. Noor Mohammed Patni .. Plaintiff V/s. 1. The Municipal Corporation of Greater Mumbai & Ors. .. Defendants And 1. Fatima Akhtar Hussain Patni & Ors. .. Respondents/ Prop. Def. No.3(a) to 3(d) Appearance:- Adv. S. P. Srivastava for plaintiff. Adv.…

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