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NOTICE OF MOTION

Mr. Santaji Bhimrao JagtapVsSmt. Shalan Ramesh More +3 more

CNR MHCC0101146820199-COURT 09 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
PENDING

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
104181/2019
Registration Date
13 Nov 2019
Next Hearing Date
19 Oct 2026
Case Stage
NM REST0STORATION OF SUIT

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: 10-12-2019
    Business: Adv. Patankar  Plaintiff is present. He tendered register NM No 4091/19 a/w affidavit in support. He seeks time for tendering affidavit of service
    Matter is adjourned for service  to 20/02/2020.
    Next Purpose: SERVICE
    Next Hearing Date: 20-02-2020
    
    Date: 20-02-2020
    Business: Adv. Patankar for plaintiff is present. He seeks time for service on defendant no. 2. O-granted.
    Matter is adjd. for service to 22/04/2020.
    Next Purpose: SERVICE
    Next Hearing Date: 22-04-2020
    
    Date: 22-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SERVICE
    Next Hearing Date: 13-05-2020
    
    Date: 13-05-2020
    Next Purpose: SERVICE
    Next Hearing Date: 02-06-2020
    
    Date: 02-06-2020
    Next Purpose: SERVICE
    Next Hearing Date: 19-06-2020
    
    Date: 19-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: SERVICE
    Next Hearing Date: 24-11-2020
    
    Date: 24-11-2020
    Business: Due to lockdown because of Covid-19, board is discharged and as per SOP only urgent matters are taken up.
    Next Purpose: SERVICE
    Next Hearing Date: 01-03-2021
    
    Date: 01-03-2021
    Business: Adv. Mr. Patankar for the plaintiff.
    None for defendants.
    Matter is adjd. to 26/04/2021 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 26-04-2021
    
    Date: 26-04-2021
    Business: DUE TO COVID-19
    Next Purpose: SERVICE
    Next Hearing Date: 26-06-2021
    
    Date: 26-06-2021
    Business: due to covid-19
    Next Purpose: SERVICE
    Next Hearing Date: 29-07-2021
    
    Date: 29-07-2021
    Business: Due to COVID-19 pandemic.
    Matter is adjourned.
    Next Purpose: SERVICE
    Next Hearing Date: 04-09-2021
    
    Date: 04-09-2021
    Business: Court is on leave.
    Next Purpose: SERVICE
    Next Hearing Date: 20-10-2021
    
    Date: 20-10-2021
    Business: Adv. Mr. Patankar for the plaintiff present.
    None for defendants.
    Matter is adjd. to 21/12/2021 for service of NM No.4118/2019 on defendants.
    Next Purpose: SERVICE
    Next Hearing Date: 21-12-2021
    
    Date: 21-12-2021
    Business: Adv. Mr. Sanjay Patankar for Plff. present and filed affidavit of service.  It is taken on record.
    Court is busy in hearing argument in SU 2295/21.
    Hence, board is discharged.
    Matter is adjd. to 03-02-2022.
    Next Purpose: SERVICE
    Next Hearing Date: 03-02-2022
    
    Date: 03-02-2022
    Business: Due to SOP only urgent matters are taken up.
    Matter is adjd. to 25.03.2022.
    Next Purpose: SERVICE
    Next Hearing Date: 25-03-2022
    
    Date: 25-03-2022
    Business: Adv. Sanjay Patankar for plaintiff present.
    It appears that respondent no. 4 is not served.
     Hence,matter is adjd. for steps to 10-06-2022.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 10-06-2022
    
    Date: 10-06-2022
    Business: Adv. Sanjay Patankar for plaintiff present and  he submitted that defendant no. 2 is dead .He will take steps.
    Matter is adjd. to 03-08-2022 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 03-08-2022
    
    Date: 03-08-2022
    Business: Adv.Sanjay Patankar for plaintiff present
    None present for defendant.
    Matter is adjd. to 23.09.2022 for .
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 23-09-2022
    
    Date: 23-09-2022
    Business: None present for parties.
    Matter is adjd. to 28.11.2022 for
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 28-11-2022
    
    Date: 28-11-2022
    Business: court is on leave
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 23-12-2022
    
    Date: 23-12-2022
    Business: Adv. Sanjay Patankar for plaintiff present and filed application for dispensing service as deft.no. 2 is dead.
    Plaintiff submitted that no any legal heirs of deft.no. 2. Therefore he is directed to file affidavit as there is no legal heirs of deft.no. 2.
    Matter is adjourned to 21.02.2023 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 21-02-2023
    
    Date: 21-02-2023
    Business: As Court is busy hearing argument in High Court Time Bound Rev. Petition No. 22/2023. Hence, Board is discharged.
    Matter is adjourned to 28.04.2023 for Compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 28-04-2023
    
    Date: 28-04-2023
    Business: Adv. Sanjay Patankar for plaintiff present.
    None present for Defendant.
    Matter is adjourned to 07.08.2023 for Compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 07-08-2023
    
    Date: 07-08-2023
    Business: Court is on leave
    Next Purpose: COMPLIANCE
    Next Hearing Date: 31-08-2023
    
    Date: 31-08-2023
    Business: Adv. Mr. Sanjay Patankar for the plaintiff is present.
    Adv. Ms. Chandramore for the Deft./BMC present.
    Matter is adjourned to 05.10.2023 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 05-10-2023
    
    Date: 05-10-2023
    Business: Adv. Mr. Sanjay Patankar for the plaintiff is present.
    None present for the defendant.
    Matter is adjourned to 09.11.2023 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 09-11-2023
    
    Date: 09-11-2023
    Business: Adv. Mr. Sanjay Patankar for the plaintiff is present.
    None present for the defendant.
    Matter is adjourned to 19.12.2023 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 19-12-2023
    
    Date: 19-12-2023
    Business: Adv. Mr. Sanjay Patankar for the plaintiff is present.
    He seeks time to take steps.
    Adjourned for steps to 22.01.2024.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 22-01-2024
    
    Date: 22-01-2024
    Business: Adv. Mr.Sanjay Patankar for the plaintiff is present.
    None for defendant.
    Draft Ch/s along with affidavit in support of Ch/s tendered by advocate for the plaintiff. O-  Leave to register Ch/s is granted.
    Matter is adjourned to 05.03.2024 for Ch/s Service.
    Next Purpose: SERVICE
    Next Hearing Date: 05-03-2024
    
    Date: 05-03-2024
    Business: Adv. Mr.Sanjay Patankar for the plaintiff is present.
    None for defendant.
    Advocate for the plaintiff tendered registered Ch/s No.201/2024 along with affidavit in support. t.o.r.
    Adv. for plaintiff seeks time to file affidavit of service on Ch/s. Time is granted.
    Matter is adjourned to 06.05.2024 for Ch/s reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 06-05-2024
    
    Date: 06-05-2024
    Business: Adv. Mr. Sanjay Patankar for the plaintiff is present.
    None for defendant.
    Adv. for plaintiff filed affidavit of service on all defendants and also on legal heirs of defendant no.2
    Matter is adjourned to 21.06.2024 for Ch/s Reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 21-06-2024
    
    Date: 21-06-2024
    Business: As the Court is on leave.  Hence, board is discharged and matter is adjd. to
    Next Purpose: C/S REPLY
    Next Hearing Date: 31-07-2024
    
    Date: 31-07-2024
    Business: Defendant no.1 is present.
    Adv. Mr.Sanjay Patankar for the plaintiff is present.
    Adv. Mr.Santosh Todankar filed VP taken on record and marked at Exh-3 for defendant no.1 is present.
    Matter is adjourned to 27.09.2024 for Ch/s Reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 27-09-2024
    
    Date: 27-09-2024
    Business: Adv. Sanjay Patankar present for plaintiff.
    Adv. Santosh Chodankar present for defendant no. 1.
    Matter is adjourned to 20/11/24.
    Next Purpose: C/S REPLY
    Next Hearing Date: 20-11-2024
    
    Date: 20-11-2024
    Business: As per Office Order No. 273/2024, Court is declared holiday on account of Polling Day. Hence, Matter is adjourned to 24/12/2024.
    Next Purpose: C/S REPLY
    Next Hearing Date: 24-12-2024
    
    Date: 24-12-2024
    Business: Adv. Sanjay Patankar for plaintiff present.
    Adv. Santosh Chodankar for defendant no. 1 present and filed reply to CS no. 201/2024.
    By consent, Matter is adjourned for hearing on CS to 06/02/25.
    Next Purpose: HEARING
    Next Hearing Date: 06-02-2025
    
    Date: 06-02-2025
    Business: None present for plaintiff.
    Adv. Santosh Chodankar present for defendant no. 1.
    As the connected CS of this matter is fixed on 20/02/2025, this Matter is also adjourned to 20/02/25 for hearing.
    Later on at 03.13 pm.
    Adv. Kokitkar for plaintiff present.
    Next Purpose: HEARING
    Next Hearing Date: 20-02-2025
    
    Date: 20-02-2025
    Business: Adv. Patankar for plaintiff present.
    Adv. Tamanna G. Halankar for the defendant no. 1 is present and filed reply on N/m No. 4181/2019.
    Copy served to the plaintiff.
    Matter is adjourned to 18.03.2025 for hearing on Ch/s and N/m.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 18-03-2025
    
    Date: 18-03-2025
    Business: Adv. S. P. Patankar for plaintiff
    Advocate Santosh Chodankar for defendant no. 1 present.
    Matter is adjourned to 19/04/25 for CS hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 19-04-2025
    
    Date: 19-04-2025
    Business: As court is on half day leave matter is adjourned.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 24-06-2025
    
    Date: 24-06-2025
    Business: Adv.Patankar for plaintiff present.
    ADv. Tamanna Halanakar H/F Adv. Santosh Chodankar for defendant No.1 present.
    Matter is adjourned to 30.07.2025 for ch/s hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 30-07-2025
    
    Date: 30-07-2025
    Business: Adv. Patankar present for plaintiff.
    Adv. Satosh Chodankar present for defendant no. 1.
    Matter is adjourned to 09-09-25 for CS hearing.  (Afternoon session)
    Next Purpose: C/S  HEARING
    Next Hearing Date: 09-09-2025
    
    Date: 09-09-2025
    Business: Adv. Patankar present for plaintiff.
    Adv. Santosh S. Chodankar present for defendant no.1
    CS 201/2024 is filed to bring legal heirs of non applicant no.2, Shivaji Namdeo Jagtap who died on 28.12.2020. It is contended that the suit 400/2016 is dismissed in default and for its restoration notice of motion 4181/2019 is filed. However, legal heirs of non-applicant no.2/defendant no.2 were not brought on record. To decide the NM on merit, it is necessary to bring on record legal heirs of deceased defendant no.2. Hence, prayed to allow the chamber summons.
    Defendant no.1 strongly opposed the CS on the grounds that there is delay and no reasonable grounds are made out. The plaintiff has not explained the cause of delay therefore, prayed for rejection of the same.
    Heard both the sides, perused the record. The notice of motion is for restoration of the main suit and opportunity to contest the motion needs to be given to the legal heirs of deceased defendant no.2. Therefore, for the reasons stated in CS 201/2024, it is allowed and legal heirs of defendant no.2 be taken on record as per the schedule attached to the chamber summons and notice be issued to them after carrying out the amendment.
    The name of defendant no.2 be deleted.
    Time is extended till next date.
    Matter is adjourned to 04.11.2025 for Compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 04-11-2025
    
    Date: 04-11-2025
    Business: Adv. Patankar for plaintiff requested for extension of time for Compliance. O-Time is extended till the next date.
    None present for defendants.
    Matter is adjourned to 18.12.2025 for Compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 18-12-2025
    
    Date: 18-12-2025
    Business: Adv. Sanjay Patankar a/w Mumtaz Shaikh a/w Minhal Hussein for plaintiff present and requested time to serve the amended notice of motion. Plaintiff appointed new advoate and file Vakalatanama. Adv. Sanjay Patankar for plaintiff present and given no objection for appointment of new advocate. Taken on record.
    Matter is adjourned to 23/01/2026 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 23-01-2026
    
    Date: 18-12-2025
    Business: Adv. Sanjay Patankar a/w Mumtaz Shaikh a/w Minhal Hussein for plaintiff present and requested time to serve the amended notice of motion. Plaintiff appointed new advoate and file Vakalatanama. Adv. Sanjay Patankar for plaintiff present and given no objection for appointment of new advocate. Taken on record.
    Matter is adjourned to 23/01/2026 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 23-01-2026
    
    Date: 23-01-2026
    Business: Adv. Mumtaz Shaikh a/w Adv. Hussain Shaikh present for plaintiff and tendered amended NM alongwith affidavit in support. TOR.
    Adv. Mumtaz Shaikh for plaintiff filed Vakalatnama. TOR and marked as Exh.__. O-Filed.
    She also filed affidavit of service upon defendant no.2A to 2D. TOR and marked as Exh.__
    Adv. Santosh S. Chodankar present for defendant no.1.
    Adv. Tabinda Shahbazkal for defendant nos.2a to 2d present and filed Vakalatnama. TOR and marked as Exh.__. O-Filed.
    The Court is busy in dictating Order in Criminal Bail Application no.65/2026 Hence, Matter is adjourned to 18.02.2026 for NM reply/Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-02-2026
    
    Date: 18-02-2026
    Business: CA of Plaintiff present.
    Adv. Mumtaz Shaikh Minhal Hussain present for the plaintiff.
    Adv. Tabinda Shahbazkar for defendant no.2a to 2d present and filed reply to the amended NM 4181/2019. TOR.
    As Court time is over in dictating Judgment in Suit no.399/2011 and in dictating order in NM no.3093/2024. Hence, Matter is adjourned to 16.04.2026 for NM Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-04-2026
    
    Date: 16-04-2026
    Business: As the Court is on leave.  Hence, board is discharged and matter stands adjourned.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-06-2026
    
    Date: 17-06-2026
    Business: Adv. Aishwarya Manjrekar i/b Prerna Sharma for plaintiff present.
    Plaintiff present.
    Adv. Santosh S. Chodankar present for defendant no. 1.
    Advocate for defendant no. 1 submitted that defendant no. 2 (a) to (d) have not received the copy of NM therefore not filed reply on NM yet. Hence plaintiff is directed to supply copy of NM to defendant no. 2(a) to (d).
    Matter is adjourned to 14/07/2026 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-07-2026
    
    Date: 14-07-2026
    Business: Adv. Mumtaz Shaikh a/w Adv. Minhal Hussain present for plaintiff.
    Adv. Santosh S. Chodankar alongwith defendant no.1 present.
    Adv. Salman Haidar Khan present for defendant no.2a to 2d.
    KB LO at 3.52pm
    Heard Advocate for plaintiff. Considering her submissions, relating to dismissal of Suit and its restoration as prayed it is necessary to call the R and P of Short cause Suit no.400/2016 dismissed on 03.08.2019.
    Matter is adjourned to 10.08.2026 for Awaiting R and P.
    Next Purpose: AWAITING R AND P
    Next Hearing Date: 10-08-2026
    
    Date: 10-08-2026
    Business: As the Court is on leave. Hence, board is discharged and matter stands adjourned.
    Next Purpose: AWAITING R AND P
    Next Hearing Date: 01-09-2026
    
    Date: 01-09-2026
    Business: Adv. Mumtaz Shaikh present for plaintiff.
    Adv. Santosh Chodankar alongwith defendant no.1 present.
    Adv. Salman Haider i/b Adv. Tabinda Nadeem for defendant nos.2a to 2d present.
    R and P of suit no.400/2016 is received. Hence, keep the matter for argument of NM.
    Matter is adjourned to 19.10.2026 for NM arguments.
    Next Purpose: NM REST0STORATION OF SUIT
    Next Hearing Date: 19-10-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 112118/2019
    Filing Date: 13-11-2019
    First Hearing Date: 10th December 2019
    Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE

    Orders

    0

    No order text is available in this record.

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