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NOTICE OF MOTION

Mr.Prabhakar B. Gangawane +2 moreVsMCGM +1 more

CNR MHCC0101063720195-COURT 05 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 15th March 2025

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
103891/2019
Registration Date
19 Oct 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    5

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 28-11-2019
    Business: Plaintiff and advocate are absent.
    Adv. Ms. Dhuri for defendant/MCGM present.
    Matter adjd to 16/01/2020 for hrg. On nm.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-01-2020
    
    Date: 16-01-2020
    Business: Plaintiff and advocate are absent.
    Adv. Mrs. Rawade for defendant MCGM Present.
    Mater is adjd to 18.02.2020 for r/e .
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 18-02-2020
    
    Date: 18-02-2020
    Business: Adv. Ms. Suparna Holmangi for plaintiff present and filed registered notice of motion no.3819/2019 alongwith affidavit t.o.r.
    Adv. Mrs. Rawade for MCGM/deft present.
    Matter is adjd to  19/03/2020 for reply on n.m.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 19-03-2020
    
    Date: 19-03-2020
    Business: Adv Mr. Holamagi for plaintiff present.
    Adv Smt. Tawde for defendant present.
    Matter adjourned to 23.6.20.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 23-06-2020
    
    Date: 23-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 31-07-2020
    
    Date: 31-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 19-08-2020
    
    Date: 19-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 31-08-2020
    
    Date: 31-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 01-10-2020
    
    Date: 01-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 22-10-2020
    
    Date: 22-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 03-11-2020
    
    Date: 03-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 03-12-2020
    
    Date: 03-12-2020
    Business: None present for plaintiff.
    Adv  Mr. Nandanwar present for defendant/MCGM .
    Matter adjourned for  NM reply rejoinder to 22/12/2020
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 22-12-2020
    
    Date: 22-12-2020
    Business: None present for plaintiff.
    Adv Rawade present for MCGM/defendant.
    Matter adjourned for NM reply to 21.01.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 21-01-2021
    
    Date: 21-01-2021
    Business: Court is on CSIC Training.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 06-02-2021
    
    Date: 06-02-2021
    Business: None present for plaintiff.
    None present for MCGM/defendant.
    Matter adjourned for NM reply to 06.03.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 06-03-2021
    
    Date: 06-03-2021
    Business: None present for plaintiff.
    None present for MCGM/defendant.
    Matter adjourned for NM reply to 31.03.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 31-03-2021
    
    Date: 31-03-2021
    Business: None present for plaintiff.
    Adv Soraan present for MCGM/defendant.
    Matter adjourned for NM reply to 07.05.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 07-05-2021
    
    Date: 07-05-2021
    Business: Due to covid-19 pandemic matter is adjd. to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-07-2021
    
    Date: 16-07-2021
    Business: As presiding officer is on leave hence matter is adjd. to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 19-07-2021
    
    Date: 19-07-2021
    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: 30-08-2021
    
    Date: 30-08-2021
    Business: Presiding Officer is on leave, Hence matter is adjourned to. 07/10/2021
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 07-10-2021
    
    Date: 07-10-2021
    Business: None present for plaintiff.
    Adv. Bibhishan Sutar present for MCGM/defendant.
    As plaintiff and his adv. absent, Matter adjourned to 27/11/21.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 27-11-2021
    
    Date: 27-11-2021
    Business: None present for plaintiff.
    Adv. Soraan @ adv. diwate present  for MCGM/defendant.
    As plaintiff and his adv. absent, Matter adjourned for nm reply rejoinder to. 02/02/22.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 02-02-2022
    
    Date: 02-02-2022
    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.
    Matter is adjd.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 11-03-2022
    
    Date: 11-03-2022
    Business: As Court is on leave.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 27-04-2022
    
    Date: 27-04-2022
    Business: H.H.J gone to training programe at Uttan hence, board discharged matter adjd to.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 07-07-2022
    
    Date: 07-07-2022
    Business: As court is busy.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 28-07-2022
    
    Date: 28-07-2022
    Business: As court is busy
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 29-09-2022
    
    Date: 29-09-2022
    Business: Court is busy in hearing in old matter i.e. Suit No. 2798 of 2006. Hence want of time board is discharged.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 24-11-2022
    
    Date: 24-11-2022
    Business: As Court is busy in hearing arguments of Suit No. 4475 of 2009. Hence want of time board is discharged.
    Matter is adjd for NM on 03-01-2023
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 03-01-2023
    
    Date: 03-01-2023
    Business: None for Plaintiff.
    Adv. Smt. Vidya Vyavahare for MCGM/ defendant  present.
    Matter is adjd for NM on 25-01-2023
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 25-01-2023
    
    Date: 25-01-2023
    Business: None for Plaintiff.
    Adv. Smt. Vidya Vyavahare for MCGM/ defendant  present.
    Matter is adjd for NM reply on 10-04-2023
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 10-04-2023
    
    Date: 10-04-2023
    Business: None for Plaintiff
    Adv Pradeep M. Patil for defendant /MCGM present.
    Matter is adjd for NM rejoinder on 23-06-2023
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 23-06-2023
    
    Date: 23-06-2023
    Business: None for Plaintiff.
    Adv. Pradip Patil for MCGM present.
    Matter is adjd to 11.08.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-08-2023
    
    Date: 11-08-2023
    Business: None for Plaintiff.
    Adv. Pradip Patil for MCGM present.
    Matter is adjd  to  15.09.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-09-2023
    
    Date: 15-09-2023
    Business: None for Plaintiff.
    Adv. Pradip Patil for MCGM present.
    Matter is adjd  to 23.10.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-10-2023
    
    Date: 23-10-2023
    Business: None for Plaintiff.
    Adv. Pradip Patil for MCGM present.
    Matter is adjd  to 15.12.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-12-2023
    
    Date: 15-12-2023
    Business: None for Plaintiff.
    Adv. Pradip Patil for MCGM present.
    Matter is adjd  to 29.01.2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-01-2024
    
    Date: 29-01-2024
    Business: None for Plaintiff.
    Adv. Pradip Patil for MCGM present.
    Matter is adjd  to 14.03.2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-03-2024
    
    Date: 14-03-2024
    Business: None for Plaintiff.
    Adv. Vyavahare for defendant/BMC present.
    Matter is adjd  to 04.05.2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-05-2024
    
    Date: 04-05-2024
    Business: None for Plaintiff.
    Adv. Vyavahare for defendant/BMC present.
    Matter is adjd to 11.07.2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-07-2024
    
    Date: 11-07-2024
    Business: None for Plaintiff.
    Adv. Vazale for defendant/MCGM.
    Matter is adjd  to 03-09-2024  for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-09-2024
    
    Date: 03-09-2024
    Business: None for Plaintiff.
    Adv. Sachin Vajale for defendant/BMC present.
    Matter is adjd  to 22.10.2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-10-2024
    
    Date: 22-10-2024
    Business: The P.O. is on leave. hence, matter is adjourned.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-12-2024
    
    Date: 19-12-2024
    Business: None for Plaintiff.
    Adv. Sachin Vajale for defendant/BMC present.
    Matter is adjd  to 13.02.2025 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-02-2025
    
    Date: 13-02-2025
    Business: None for Plaintiff.
    Adv. Chaitanya Dalvi for Defendant/MCGM present.
        From the record it appears that since 2021 none appeared on behalf of plaintiff. Suit is of the year 2016, it be kept for dismissal order on next date.
    Matter is adjd to 15.03.2025 for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 15-03-2025
    
    Date: 15-03-2025
    Business: None for Plaintiff.
    Adv. Amar Patil h/f Adv. Chaitanya Dalvi for defendant/MCGM present.
    Order below Exh. 1
        Today the matter is for dismissal order and from the record it appears that since 2021 neither plaintiffs nor their advocate remain present. Therefore, in view of the reluctant attitude of the plaintiffs in proceeding further I think it that suit deserves to be dismissed for want of prosecution so accordingly in the result following order is passed -
    1. L. C. Suit No. 2734 of 2016 is hereby dismissed for want of prosecution.
    2. In view of dismissal of suit, NM No. 3891/2019 does not survive so it is disposed of accordingly.
    3. No order as to costs.
    4. Bill of costs be drawn up accordingly.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 15-03-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 111512/2019
    Filing Date: 19-10-2019
    First Hearing Date: 28th November 2019
    Decision Date: 15th March 2025
    Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    15 Mar 2025
    Order Details: Other
    Pdf Text: 15.03.2025 CORAM: SHRI R. S. ARADHYE, ADDL. SESSIONS JUDGE C.R.NO.5
    SU. 2734/16
    NM 3891/19
    None for Plaintiff.
    Adv. Amar Patil h/f Adv. Chaitanya Dalvi for defendant/MCGM present.
    Order below Exh. 1
    Today the matter is for dismissal order and from the record it appears
    that since 2021 neither plaintiffs nor their advocate remain present.
    Therefore, in view of the reluctant attitude of the plaintiffs in
    proceeding further I think it that suit deserves to be dismissed for want
    of prosecution so accordingly in the result following order is passed -
    1. L. C. Suit No. 2734 of 2016 is hereby dismissed for want of
    prosecution.
    2. In view of dismissal of suit, NM No. 3891/2019 does not survive so it
    is disposed of accordingly.
    3. No order as to costs.
    4. Bill of costs be drawn up accordingly.
    Judge
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