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NOTICE OF MOTION

Mr. Rajkumar Udaypal SinghVsThe Additional Executive Engineer +1 more

CNR MHCC0101065520198-COURT 08 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 02nd December 2025

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
103893/2019
Registration Date
19 Oct 2019

Advocates

2

For Petitioner

For Respondent

Parties

3

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec 9

Case History / Proceedings

Case History
Date: 07-12-2019
Business: Adv. for plaintiff is present.
Adv. Rupali Kamalapurkar for defendant no 1 is present. She tendered registered NM NO. 3893/19 a/w affidavit in support. she further submitted that service of NM is made on plaintiff
Matter adj for NM reply to 04/02/2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-02-2020

Date: 04-02-2020
Business: None present  for Plaintiff.
Adv. Preeti Choudhari  for defendant no. 1 is present.
Matter is adjd.  for proof of service of N/M / N/M reply to 03/04/2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-04-2020

Date: 04-02-2020
Business: None present  for Plaintiff.
Adv. Preeti Choudhari  for defendant no. 1 is present.
Matter is adjd.  for proof of service of N/M / N/M reply to 03/04/2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-04-2020

Date: 03-04-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-04-2020

Date: 17-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-05-2020

Date: 06-05-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-05-2020

Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-06-2020

Date: 15-06-2020
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: 03-11-2020

Date: 03-11-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-02-2021

Date: 17-02-2021
Business: Adv. Mr. Priyank Shukla for the plaintiff.
Adv. Pinki  for defendant No.1.
Matter is adjd. to 09/04/2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-04-2021

Date: 09-04-2021
Business: Due to SOP only urgent matter  are taken up. Hence, the Board is
discharged.
Matter is adjd. to 30.06.2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-06-2021

Date: 30-06-2021
Business: Due to COVID-19 pandemic.
Matte is adjourned.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-08-2021

Date: 20-08-2021
Business: court is on leave
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-10-2021

Date: 18-10-2021
Business: As  per Office Order No.213 of 2021. Holiday is declared today. Matter is adjourned.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-11-2021

Date: 27-11-2021
Business: Adv Chawdhary H/f adv Kamla Kulkarni present for the defendant no.1
She filed list of document TOR
As Court is busy in hearing argument in NM 2890/21 in SU 2173/21 and other matter on board. Hence, board is discharged.
Matter is adjd. to 18.12.2021 for NM reply/ rejoinder.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-12-2021

Date: 18-12-2021
Business: Adv Alok Maduskar present for the plaintiff.
Adv Ms.Chowdhary present for the defendant no.1
Adv for plaintiff filed application for continuation of Ad-interim order TOR O- Other side to say. Say filed by other side. O- Supreme Court order it should not extended more than 6 months. It become vacated authentically.
Earlier order if any to continue till next date.
Matter is adjd. to 05.02.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-02-2022

Date: 05-02-2022
Business: Adv Mr.Bhosale for plaintiff present.
It appears that there is certain mistake in the roznama and the order which is not passed at all at the application of the plaintiff for continuation of interim order is typed as order of the Court. Infact the order which is typed it is the part of the say given by defendant. Therefore, the matter is adjourned to 17.02.2022 for argument on the application of plaintiff for extension of earlier order. In the interest of justice the Earlier order is extended till 17.02.2022. Today none present for the defendant. If defendants fails to appear and argue on 17.02.2022, the EOC will be extended till further date.
Earlier order if any to continue till next date.
Matter is adjd. to 17.02.2022 for hearing on application for continuation of Earlier order.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-02-2022

Date: 17-02-2022
Business: Adv Priyank Shukla for plaintiff present.
None present for the defendant.
On 18.12.2021, plaintiff filed application for extension for earlier order. Heard Ld advocate for the plaintiff. None present for the defendants. In the circumstances application dated 18.12.2021 filed by the plaintiff for continuation of earlier order is allowed in view of order in roznama dated 05.02.2022. The earlier order is extended till next date.
Matter is adjd. to 13.04.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-04-2022

Date: 13-04-2022
Business: Adv. Pathak hf adv. shukla present for plaintiff and sought adjournment.
Adv. Chaudhari present for df. no. 01.
None present for df. no. 02.
Earlier order, if any, to continue till next date.
Matter adjourned for nm hrg. To 23/06/22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-06-2022

Date: 23-06-2022
Business: Adv. Nilesh Pande present for plaintiff and sought adjournment.
Adv. Rupali Kamalapurkar present for the defendant. 01.
None present for other defendant 02.
Earlier order, if any, to continue till next date.
Matter adjourned for nm hrg as a last chance to 04/08/22
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-08-2022

Date: 04-08-2022
Business: Adv. Pathak hf adv. pandey present for plaintiff and sought adjournment and he undertake to file vp on the next date.
Adv. Rinki chaudhari hf adv. kamalapurkar present for plaintiff and sought adjournment.
Earlier order, if any, to continue till next date.
Matter adjourned for nm hearing to 17/09/22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-09-2022

Date: 17-09-2022
Business: Adv. Nilesh Pandey present for plaintiff.
Adv. Rapali kamlapurkar  present for defendant 01.
Adv. For plaintiff tendered vakalatnama on behalf of defendant no. 01 and 02. t.o.r marked as Exh.07.
Adv. for plaintiff sought adjournment.
Earlier order, if any, to continue till next date.
Matter adjourned for nm hearing to 02/11/22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-11-2022

Date: 02-11-2022
Business: Adv. Rahul bhosale hf adv. Nilesh pandey present for plaintiff and sought adjournment.
Adv. Rinki chaudhari hf adv. kamalapurkar present for defendant 01.
None present for other defendants.
Earlier order, if any, to continue till next date.
Matter adjourned for nm hearing to 12/12/22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-12-2022

Date: 12-12-2022
Business: Adv. Pathak hf adv. pandey  present for plaintiff and sought adjournment.
None present for defendants.
Earlier order, if any, to continue till next date.
Matter adjourned for nm hearing to 24/01/23.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-01-2023

Date: 24-01-2023
Business: Adv. Pathak hf adv. Pandey present for plaintiff and sought adjournment.
None present for defendants.
Earlier order, if any, to continue till next date.
Matter adjourned for nm hearing to 02/03/23.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-03-2023

Date: 02-03-2023
Business: Adv. Priyansh shukla present for plaintiff and sought adjournment.
Adv. Rupali Kamlapurkar present for defendant no.1.
Earlier order, if any, to continue till next date.
Matter adjourned for nm hearing to 10/04/23
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-04-2023

Date: 10-04-2023
Business: Adv. Rahul Bhosale ib adv. Nilesh pandey present for plaintiff and sought adjournment.
Adv. Rinki Chaudhari Hf adv. Kamlapurkar present for defendant no. 01.
Earlier order, if any, to continue till next date.
Matter adjourned for nm hearing as a last chance to 29-04-23.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-04-2023

Date: 29-04-2023
Business: Adv. Rahul Bhosale ib adv. Nilesh pandey present for plaintiff and sought adjournment.
None present for defendants.
Earlier order, if any, to continue till next date.
Matter adjourned for nm hearing to 20-06-23.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-06-2023

Date: 20-06-2023
Business: Adv. Rahul Bhosale present for plaintiff.
None present for defendant.
Earlier order, if any, to continue till next date.
Matter adjourned for NM hearing to 10.07.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-07-2023

Date: 10-07-2023
Business: Adv. Rahul Bhosale present for plaintiff.
Adv. Rupali Deshpande present for defendant No.1.
Earlier order, if any, to continue till next date.
Matter adjourned for NM Hearing to 07.08.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-08-2023

Date: 07-08-2023
Business: Adv. Rahul Bhosale present for plaintiff and tendered rejoinder to NM No.359/2018.
None present for defendants.
Earlier order, if any, to continue till next date.
Matter adjourned for NM Hearing to 06.09.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-09-2023

Date: 06-09-2023
Business: Adv. Rahul Bhosale present for plaintiff  and tendered adjournment application. TOR and marked as Exh.    O-Other side to say.
Adv. Vaishali Shelke h/f. Adv. Kamlapurkar present for defendant No.1 and endrosed say on adjournment application.
O-Adjournment granted.
Earlier order, if any, to continue till next date.
Matter adjourned for NM Hearing to 06.10.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-10-2023

Date: 06-10-2023
Business: Adv. Rahul Bhosale present for plaintiff.
Adv. Rupali Deshpande- Kamlapurkar present for defendant No.1 .
Earlier order, if any, to continue till next date.
Matter adjourned for NM Hearing to 03.11.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-11-2023

Date: 03-11-2023
Business: Adv. Kshitija Patil h/f. Adv. Nilesh Pandey present for plaintiff.
None present for defendants.
Earlier order, if any, to continue till next date.
Matter adjourned for NM Hearing to 15.01.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-01-2024

Date: 15-01-2024
Business: Plaintiff in-person present.
Adv. Rahul Bhosale h/f. Adv. Nilesh Pandey present for plaintiff.
None present for defendants.
Earlier order, if any, to continue till next date.
Matter adjourned for NM Hearing to 21.02.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-02-2024

Date: 21-02-2024
Business: Adv. Rahul Bhosale h/f. Adv. Nilesh Pandey present for plaintiff. None present for defendants.
Earlier order, if any, to continue till next date.
Matter adjourned for NM Hearing to 18.03.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-03-2024

Date: 18-03-2024
Business: Adv. Rahul Bhosale h/f. Adv. Nilesh Pandey present for plaintiff. None present for defendants.
Earlier order, if any, to continue till next date.
Matter adjourned for NM Hearing to 02.05.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-05-2024

Date: 02-05-2024
Business: None present for plaintiff.
None present for defendants.
Earlier order, if any, to continue till next date.
Matter adjourned for NM Hearing to 03.07.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-07-2024

Date: 03-07-2024
Business: Plaintiff in-person present.
Adv. Shubham Yadav i/b. Adv. Nilesh Pandey present for plaintiff. He prays for an adjournment. Adjournment is granted as last chance.
Adv. Vaishali Shelke present for defendant No.2.
Earlier order, if any, to continue till next date.
On oral request of advocate for plaintiff, Matter adjourned for NM Hearing to 16.08.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-08-2024

Date: 16-08-2024
Business: Plaintiff in-person present.
Adv. Shubham Yadav i/b. Adv. Nilesh Pandey present for plaintiff.
Adv. Rupali Kamlapurkar present for defendant No.1.
Earlier order, if any, to continue till next date.
Matter adjourned for NM Hearing to 03/09/2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-09-2024

Date: 03-09-2024
Business: Adv. Shubham Yadav i/b. Adv. Nilesh Pandey present for plaintiff.
Adv. Rupali Kamlapurkar present for defendant No.1.
Later on
Adv. Pathak h/f. ADv. Nilesh Pandey for plaintiff present.
Earlier order, if any, to continue till next date.
Matter adjourned for NM Hearing to 23.10.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-10-2024

Date: 23-10-2024
Business: Plaintiff present.
None present for defendant No.1.
Earlier order, if any, to continue till next date.
Matter adjourned for NM Hearing to 02.12.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-12-2024

Date: 02-12-2024
Business: Plaintiff present.
Adv. Shraddha Thorre h/f Adv. Rupali Kamlapurkar for defendant No.1 present.
Earlier order, if any, to continue till next date.
Matter adjourned for NM Hearing to 28.01.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-01-2025

Date: 28-01-2025
Business: Plaintiff present. His advocate absent.
Adv. Vaishali Bhoir h/f Adv. Rupali Kamlapurkar for defendant No.1 present.
Keep back.
Later on at 05.29 p.m.
Plaintiff present.
Adv. Amruta Kundap h/f. Adv. Nilesh Pandey for plaintiff present.
Adv. Vaishali Bhoir h/f Adv. Rupali Kamlapurkar for defendant No.1 present.
Ld. Adv. for plaintiff seeks time to file reply. It appears that, already ample time granted to plaintiff to file reply.
Time granted as last chance.
Earlier order, if any, to continue till next date.
Matter adjourned for NM Hearing to 18.02.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-02-2025

Date: 18-02-2025
Business: Adv. Amruta Kundap h/f. Adv. Nilesh Pandey for plaintiff present.
Adv. Vaishali Bhoir h/f Adv. Rupali Kamlapurkar for defendant No.1 present.
Despite last opportunity granted to plaintiff, on last date, plaintiff failed to file reply. Hence, NM No.3893/2019 to proceed without reply of plaintiff.
Earlier order, if any, to continue till next date.
Matter adjourned for NM Hearing to 24.03.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-03-2025

Date: 24-03-2025
Business: Adv. Rohan Bhosale i/b. Adv. Nilesh Pandey for plaintiff present.
Adv. Vaishali Bhoir h/f Adv. Rupali Kamlapurkar for defendant No.1 present.
Ld. Adv. for plaintiff submits that, the defendant No.1 has issued electricity bill to the tune of Rs.1,41,37,313/- against plaintiff for the premises which does not belongs to plaintiff.
     Defendant No.1 does not seem to have filed written statement cum reply.
By mutual consent as a last chance, matter adjourned for NM Hearing to 30.04.2025.
Earlier order, if any, to continue till next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-04-2025

Date: 30-04-2025
Business: Adv. Amurta Kundap i/b. Adv. Nilesh Pandey for plaintiff present.
Adv. Vaishali Bhoir h/f Adv. Rupali Kamlapurkar for defendant No.1 present.
Adv. Makrand Kale present for Applicant in Chamber Summons. He tendered Draft Ch/s along with affidavit. O – Leave Granted.
By consent matter adjourned for NM Hearing to 05.07.2025.
Earlier order, if any, to continue till next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-07-2025

Date: 05-07-2025
Business: Plaintiff in-person present and seek time. Time granted.
Adv. Vaishali Bhoir h/f Adv. Rupali Kamlapurkar for defendant No.1 present.
Adv. Makrand Kale a/w. Adv. Anjali Mishra for Applicant in Chamber Summons present and tendered registered chamber summons No.1369/2025. Taken on record.
Earlier order, if any, to continue till next date.
Matter adjourned for NM Hearing to 02.08.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-08-2025

Date: 02-08-2025
Business: Adv. Rishabh Dubey for plaintiff present and filed reply to C/S no. 1369 of 2025. Copy served on other side.
Plaintiff present.
Adv. Vaishali Bhoir h/f Adv. Rupali Kamlapurkar for defendant No.1 present.
Adv. Abhay Jadhvat i/b Adv. Makrand Kale present for Applicant in Chamber Summons.
Matter adjourned for NM Hearing to 20.09.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-09-2025

Date: 20-09-2025
Business: Plaintiff present.
Adv. Rishabh Dubey for plaintiff present and seek time. Time granted.
Adv. Vaishali Bhoir h/f Adv. Rupali Kamlapurkar for defendant No.1 present.
Adv. Askhita Pasi i/b Adv. Makrand Kale for Applicant in Chamber Summons present and seek time. Time granted.
Matter adjourned for NM Hearing to 01.11.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-11-2025

Date: 01-11-2025
Business: Adv. Rishabh Dubey for plaintiff present and seek time to argue the matter on chamber summons.
Adv. Vaishali Bhoir h/f Adv. Rupali Kamlapurkar for defendant No.1 present and tendered reply to Ch/s. No.1369/2025. Taken on record. Copy served on plaintiff.
Adv. Karan Choudhary i/b Adv. Makrand Kale for Applicant in Chamber Summons present and seek time for filing rejoinder. Time granted.
Matter adjourned for Ch/s. and NM Hearing to 02.12.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-12-2025

Date: 02-12-2025
Business: Plaintiff present.
Adv. Nilesh Pandey for plaintiff present and endorsed say on NM No.3893/2019 itself.
Adv. Rupali Kamlapurkar for defendant No.1 present.
Adv. Karan Choudhary i/b Adv. Makrand Kale for Applicant in Chamber Summons present and tendered rejoinder affidavit in Ch/s.No.1369/2025. Taken on record.
Order on Notice of Motion No.3893/2019
     Heard Ld. Adv. for plaintiff and defendant No.1.
     Though the Ld. Adv. for plaintiff has raised the objection for this notice of motion but this notice of motion is for restoration of notice of motion No.5185/2024 dated 10.08.2018 which is dismissed in default. No prejudice would cause to the plaintiff, if the said NM is restored, because he can file reply and contest the said NM on merits. Hence, in the interest of justice, this notice of motion is hereby allowed in terms of prayer clause (a) and (b) and made absolute.
Notice of Motion No.5185/2024 is hereby restored at its original stage.
Nature Of Disposal: ALLOWED
Disposal Date: 02-12-2025

Additional Case Details

Additional Case Details
Filing Number: 111534/2019
Filing Date: 19-10-2019
First Hearing Date: 07th December 2019
Decision Date: 02nd December 2025
Court Number And Judge: 8-COURT 08 ADDL SESSIONS JUDGE

Orders

1
Final Order 1Full order available
02 Dec 2025

Order Details: Notice of Motion Pdf Text: Sr. No.64 02.12.2025 Coram: H.H.J. Shri. S. K. KARHALE, City Civil Court, Mumbai. (C.R.08) Suit No. 223/2018 CS 1369/2025 NM 359/2018 NM 3893/2019 Exh.9 Plaintiff present. Adv. Nilesh Pandey for plaintiff present and endorsed say on NM No.3893/2019 itself. Adv. Rupali Kamlapurkar for defendant No.1 present. Adv. Karan Choudhary i/b Adv. Makrand Kale for Applicant in Chamber Summons present and tendered rejoinder affidavit in Ch/s.No.1369/2025. Taken on record. Order on Notice of Motion…

Read Full Order

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