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NOTICE OF MOTION

Kishore Lalu RathodVsMs. Asmita Ankush Barve

CNR MHCC01011458201965-COURT 65 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHER
Decision Date: 08th January 2024

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
104178/2019
Registration Date
11 Nov 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: 14-11-2019
    Business: Court is on leave.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 07-12-2019
    
    Date: 07-12-2019
    Reason For Adjournment: court time is over
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 20-02-2020
    
    Date: 20-02-2020
    Business: None present for Plaintiff.
    Advocate P. G. Sawant for Defendant present
    Case is adjourned to 15/06/2020 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-06-2020
    
    Date: 15-06-2020
    Business: Due to lockdown case is adjd. to 10.08.2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-08-2020
    
    Date: 15-06-2020
    Business: Due to lockdown case is adjd. to 10.08.2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-08-2020
    
    Date: 10-08-2020
    Business: Adjourned due to Covid-19.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-09-2020
    
    Date: 21-09-2020
    Business: None present for plaintiff.
    None present for Defendant.
    Due to Corona it seems no parties turn to the court hence adjd. to 14/12/2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-12-2020
    
    Date: 14-12-2020
    Business: court is on Leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-02-2021
    
    Date: 25-02-2021
    Business: Adv Mr. S. S. Wagh present for plff and mentioned the matter in the morning session.
    He submitted that it is learnt that advocate on record for the deft has expired. He seeks adjournment for tendering the registered NM No.4178/2019 in the court.
    Matter is on board of afternoon session hence, kept back.
    L.O. at 4.25 p.m.
    None appeared for deft.
    Advocate for the plff had mentioned the matter in the morning session for claiming adjournment.
    As nobody is present for deft, matter is adjd. for tendering registered NM in the Court by plff and for NM reply to 04.05.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 04-05-2021
    
    Date: 04-05-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 27-07-2021
    
    Date: 04-05-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 27-07-2021
    
    Date: 27-07-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 04-10-2021
    
    Date: 27-07-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 04-10-2021
    
    Date: 04-10-2021
    Business: Adv Mr. Vijay Wagh for plff present and tendered registered N.M. No.4178/2019 along with affidavit in support.
    None present for deft.
    Adv. for the plff submitted that deft has already filed reply to said NM on 13.09.2019.
    Matter is adjd. for NM hearing to 03.12.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-12-2021
    
    Date: 03-12-2021
    Business: Adv. Avaidhya Bhoyer for sent for plff. present and seeks to file rejoinder in NM No.4178 of 2019.
    None present for deft.
    On request of advocate for the plaintiff adjourned for NM rejoinder.
    Matter is adjd. for NM rejoinder to 05.02.2022.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 05-02-2022
    
    Date: 05-02-2022
    Business: Due to Covid-19, matter is adjd.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 04-05-2022
    
    Date: 04-05-2022
    Business: None present for both parties.
    Matter is adjd. for NM hearing to 12.07.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-07-2022
    
    Date: 12-07-2022
    Business: Adv.Bhoyar h/f.Adv. Wagh  for plaintiff present.
    None present for defendant.
    Adv. of plaintiff orally requested for adjournment on medical ground.
    Matter adjd to 25.08.2022  for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-08-2022
    
    Date: 12-07-2022
    Business: Adv.Bhoyar h/f.Adv. Wagh  for plaintiff present.
    None present for defendant.
    Adv. of plaintiff orally requested for adjournment on medical ground.
    Matter adjd to 25.08.2022  for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-08-2022
    
    Date: 25-08-2022
    Business: Court is on Leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-11-2022
    
    Date: 17-11-2022
    Business: None present for both sides.
    (As Court is busy in dictating order in Stamp No.12658/22 and order in ch/s. No.2322/18, hence, adjourned.)
    Matter adj. to 03.02.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-02-2023
    
    Date: 17-11-2022
    Business: None present for both sides.
    (As Court is busy in dictating order in Stamp No.12658/22 and order in ch/s. No.2322/18, hence, adjourned.)
    Matter adj. to 03.02.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-02-2023
    
    Date: 03-02-2023
    Business: Both plaintiffs are present.
    Adv.Ashok Garje present and filed vakalatnama on behalf of plaintiffs t.o.r. and marked as Exh.3.
    None present for defendant.
    Matter adjd to 13.03.2023 for service affidavit of suit summons and NM hearing.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 13-03-2023
    
    Date: 13-03-2023
    Business: Plaintiff present.
    None present for defendant.
    KB
    LO at 04.05 pm
    Adv.Ashok Garje for plaintiff present and requested time to file service affidavit. Time is granted.
    Matter adj. to 15.04.2023 for service affidavit.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 15-04-2023
    
    Date: 13-03-2023
    Business: Plaintiff present.
    None present for defendant.
    KB
    LO at 04.05 pm
    Adv.Ashok Garje for plaintiff present and requested time to file service affidavit. Time is granted.
    Matter adj. to 15.04.2023 for service affidavit.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 15-04-2023
    
    Date: 15-04-2023
    Business: Adv.Ashok Garaje for plaintiff present.
    None present for defendants.
    On oral request of plaintiff advocate matter adjd to 17.06.2023 for filing service affidavit.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 17-06-2023
    
    Date: 15-04-2023
    Business: Adv.Ashok Garaje for plaintiff present.
    None present for defendants.
    On oral request of plaintiff advocate matter adjd to 17.06.2023 for filing service affidavit.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 17-06-2023
    
    Date: 17-06-2023
    Business: Adv. Ashok Garje for plaintiff present and filed service affidavit t.o.r. marked as Exh.4
    None for defendant
    On the request of Adv. For plaintiff matter adjourned to
    Matter is adjd.to 15-07-2023 for NM Hrg.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 15-07-2023
    
    Date: 17-06-2023
    Business: Adv. Ashok Garje for plaintiff present and filed service affidavit t.o.r. marked as Exh.4
    None for defendant
    On the request of Adv. For plaintiff matter adjourned to
    Matter is adjd.to 15-07-2023 for NM Hrg.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 15-07-2023
    
    Date: 15-07-2023
    Business: Plaintiff present adv. absent.
    None for defendant
    Matter is adjd.to 11-09-2023 for affidavit of service
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 11-09-2023
    
    Date: 11-09-2023
    Business: Adv. Ashok Garaje a/w plaintiff present.
    None for defendant
    Matter is adjd.to 11-10-2023 for NM Hrg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-10-2023
    
    Date: 11-10-2023
    Business: Adv. Ashok Garje for plaintiff present.
    None for defendant
    Matter is adjd.to 27-10-2023 for NM Hrg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-10-2023
    
    Date: 27-10-2023
    Business: Adv. Ashok Garje for plaintiff present.
    None for defendant
    Heard The Ld. Counsel for  plaintiff.
    Matter is adjd.to 08-11-2023 for NM Order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 08-11-2023
    
    Date: 08-11-2023
    Business: Adv. Ashok alongwith plaintiff present.
    None for defendant.
    k.b. for NM order
    F.R.S.R. following order is passed in NM No. 4178 of 2019
    1. Notice of Motion No. 4178 of 2019 stands dismissed.
    2. There shall be no order as to costs.
    3. Notice of Motion No. 4178 of 2019 stands disposed of accordingly.
    Matter is adjourned to  08-01-2024 for issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 08-01-2024
    
    Date: 08-01-2024
    Business: Adv. Ashok Garje for Plaintiff present.
    None for defendant present.
    NM No.4178/2019 is already disposed off as per order dated 08.11.2023. Hence, NM No.4178/2019 be shown as disposed off in CIS.
    Matter stands adjourned on 01.02.2024 for framing issues.
    Nature Of Disposal: OTHER
    Disposal Date: 08-01-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 112245/2019
    Filing Date: 11-11-2019
    First Hearing Date: 14th November 2019
    Decision Date: 08th January 2024
    Court Number And Judge: 65-COURT 65 ADDL SESSIONS JUDGE

    Orders

    3
    Final Order 2
    08 Jan 2024
    Order Details: Notice of Motion
    Pdf Text: 08.01.2024
    Sr. No. 22
    SU 1983/19
    NM 4178/19
    NM 91/22
    CORAM :- H.H.J. SHRI. R.R. BHAGWAT (CR.65)
    Adv. Ashok Garje for Plaintiff present.
    None for defendant present.
    NM No.4178/2019 is already disposed off as per order dated
    08.11.2023. Hence, NM No.4178/2019 be shown as disposed off in
    CIS.
    Matter stands adjourned on 01.02.2024 for framing issues.
    Judge
    -- 1 of 1 --
    Interim Order 1Full order available
    08 Nov 2023

    Order Details: Notice of Motion Pdf Text: 1 NM4178/2019 MHCC010114582019 IN THE BOMBAY CITY CIVIL COURT AT MUMBAI. NOTICE OF MOTION NO. 4178 OF 2019 IN SUIT NO. 1983 OF 2019 1. Kishor Lalu Rathod & Anr. … Plaintiffs Vs. Ms. Asmita Ankush Barve … Defendant. Appearance Learned Advocate Mr. Ashok Garje for the plaintiffs. Learned Advocate Mr. Prashant Sawant for the defendant. CORAM : HHJ V. M. Pathade (C.R.NO.62) Date : 8th November, 2023 O R D E R…

    Read Full Order
    Order 1Full order available
    08 Nov 2023

    Order Details: Notice of Motion Pdf Text: 1 NM4178/2019 MHCC010114582019 IN THE BOMBAY CITY CIVIL COURT AT MUMBAI. NOTICE OF MOTION NO. 4178 OF 2019 IN SUIT NO. 1983 OF 2019 1. Kishor Lalu Rathod & Anr. … Plaintiffs Vs. Ms. Asmita Ankush Barve … Defendant. Appearance Learned Advocate Mr. Ashok Garje for the plaintiffs. Learned Advocate Mr. Prashant Sawant for the defendant. CORAM : HHJ V. M. Pathade (C.R.NO.62) Date : 8th November, 2023 O R D E R…

    Read Full Order

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