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NOTICE OF MOTION

Devanand Nilkant Acharekar And OrsVsMahendra Nilkanth Acharekar And Ors

CNR MHCC0101149520195-COURT 05 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHER
Decision Date: 12th August 2025

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
104192/2019
Registration Date
13 Nov 2019

Advocates

2

For Petitioner

For Respondent

Parties

2

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec 9

Case History / Proceedings

Case History
Date: 03-12-2019
Business: Adv. E. R. Nailk for plaintiff present
Adv. Rajesh Naik for Defendant present.
He filed tendered Nm No . 4192/19 alongwith affidavit.
Matter is adjd to 01.02.2020 for Written Statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 01-02-2020

Date: 01-02-2020
Business: Adv. Ms. Priyanka Bhise h/f Adv. E. R. Naik for plaintiff present and filed draft Chamber Summons with affidavit t.o.r.
Order- Leave granted. Chamber Summons to register.
Adv. Mrs. Rawade for the defendant  MCGM  present
Adv. Mr. Rajesh Devgharkar for defendant no.2 present.
Matter is adjd to 05/03/2020 for reply on ch/s.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-03-2020

Date: 05-03-2020
Business: Adv. Ms. Priyanka Bhise for plaintiff present and tendered registered chamber sum. no.287/2020 alongwith affidavit t.o.r.
Adv. Mrs. Rawade for MCGM/deft present.
Adv. Mr. Rajesh Naik for defendant no.1 present.
Matter is adjd to 09/04/2020 for reply on ch/s.
Next Purpose: C/S REPLY
Next Hearing Date: 09-04-2020

Date: 09-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S REPLY
Next Hearing Date: 21-04-2020

Date: 21-04-2020
Business: COVID-19. Lockdown from 23.03.2020. Hence matter adjourned to 01.06.2020.
Next Purpose: C/S REPLY
Next Hearing Date: 01-06-2020

Date: 01-06-2020
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 REPLY
Next Hearing Date: 18-06-2020

Date: 18-06-2020
Next Purpose: C/S REPLY
Next Hearing Date: 23-07-2020

Date: 23-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S REPLY
Next Hearing Date: 07-09-2020

Date: 07-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S REPLY
Next Hearing Date: 21-09-2020

Date: 21-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S REPLY
Next Hearing Date: 15-10-2020

Date: 15-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S REPLY
Next Hearing Date: 02-11-2020

Date: 02-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S REPLY
Next Hearing Date: 26-11-2020

Date: 26-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S REPLY
Next Hearing Date: 18-12-2020

Date: 18-12-2020
Business: As P.O. is on leave, hence matter is adjd to.
Next Purpose: C/S REPLY
Next Hearing Date: 20-01-2021

Date: 20-01-2021
Business: Court is on CSIC Training.
Next Purpose: C/S REPLY
Next Hearing Date: 16-02-2021

Date: 16-02-2021
Business: Adv Naik present for plaintiff.
Adv Rawade present for MCGM/defendant and filed say on CS.
Say of other private defendant is not received yet.
Matter adjourned for say of private party to 16.03.2021.
Next Purpose: C/S REPLY
Next Hearing Date: 16-03-2021

Date: 16-03-2021
Business: Adv Naik present for plaintiff.
Adv. Nandanwar (hf) present for MCGM/defendant no.5.
None present for defendant no.1 to 4.
Adv of plaintiff filed additional affidavit of reply. tor.
Matter adjourned for NM reply to 08.04.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-04-2021

Date: 08-04-2021
Business: As court is busy in dictating the Order on NM No. 89/2021 and NM 524/2021, The board is discharged.
Matter adjourned for
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-06-2021

Date: 08-06-2021
Business: Due to Covid-19 Matter is Adjourned to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-06-2021

Date: 15-06-2021
Business: Due to Covid-19 Matter is Adjourned to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-07-2021

Date: 13-07-2021
Business: As presiding officer is on leave today hence matter is adjourn to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-08-2021

Date: 12-08-2021
Business: As court is busy in hearing arguments on Chs. 632/2020 in suit no. 2922/2015, on Exh. 11 in suit no. 315/15 , on chs. 509/2019 in SU 1600/2016, on Chs. 377/19 in Suit no. 2505/2011 and on Chs. 1289/2018 in Suit 2130/17 and on suit no. 1914/19. Hence,  remaining board is discharged and matter is adjd. 21/09/2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-09-2021

Date: 21-09-2021
Business: Adv. T.R. Naik present  for plaintiff.
Adv. Sutar present for Def. No. 5
None present for def no. 1 to 4
Matter adjourned for NM hearing 11-11-2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-11-2021

Date: 11-11-2021
Business: None present  for plaintiff.
Adv. Vyavahare @ adv. Sutar present  for MCGM/defendant.
as court is busy in hearing arguments in su. 1942/21 and st. no. 9591/21 hence remaining board is discharged.
Matter adjourned for nm hearing to. 07/01/22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-01-2022

Date: 07-01-2022
Business: Adv. absent for plaintiff.
Adv. Soraan @ Adv. Diwate present for MCGM/defendant.
plaintiff in person present and sought adjournment on the ground that his advocate is unable to attend the court due to his illness Matter adjourned for nm hearing to 11/02/22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-02-2022

Date: 11-02-2022
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.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-04-2022

Date: 08-04-2022
Business: The court is busy in hearing urgent matters i.e. St.No.3521/22 and High Court time bound matter Suit No.1923/19 and dictating orders i.e. Suit No. 2558/08, Suit No.2562/08, Suit No.788/22, Suit No.795/22, Suit No.759/22 hence, for want of time board discharged.
Matter is already adjd for NM hearing on 20-06-2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-06-2022

Date: 20-06-2022
Business: Plaintiff in person is present and his advocate is absent.
Adv. Mr. Diwate for MCGM/ defendant  No.5 is present.
Defendant Nos.1 to 4 are absent.
Reply is not given to the Ch/s.No.287/2020 by the defendant No.1. against whom production of documents is sought.  Hence, said Ch/s. to proceed without reply of defendant No.1.
Matter adjourned for NM and Ch/s. hearing to 14-07-2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-07-2022

Date: 14-07-2022
Business: As court is busy.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-09-2022

Date: 03-09-2022
Business: Due to holiday declared.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-10-2022

Date: 15-10-2022
Business: As court is busy in hearing in urgent matter i.e. Suit No. 3045 of 2013 and order dictating. Hence want of time board is discharged.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-12-2022

Date: 17-12-2022
Business: Plaintiff is present.
Adv Shivram Mishra along with R.N. Mishra for Plaintiff present and tendered V/P on behalf of Plaintiff along with NOC of earlier adv. TOR. Exh..
None for deft.
Matter is adjd for NM and Ch/s hearing on 18-02-2023
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-02-2023

Date: 18-02-2023
Business: As court is busy in high court time bound matter i.e. suit st. no. 11271/23. Hence want of time board is dis-charged.
Matter adjourned for NM hearing on 18-04-2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-04-2023

Date: 18-04-2023
Business: Plaintiff present his advocate absent.
Adv. Vyavahare @ Adv. Rawade for MCGM/defendant.
Matter adjourned for N/M Hearing to 18.07.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-07-2023

Date: 18-07-2023
Business: Adv. Kumar for Plaintiff present.
Adv. Ms. Rawade for MCGM present.
Considering the submissions of the Ld. Adv. for plaintiff, it reveals that Ch/s No. 287/20 is pending in this case. However, it reveals that D-1, D-2 and D-4 have not been served through the court and the plaintiff is relying on the service report upon the advocate for the D-1 and D-2 and track consignment of RPAD regarding D-3 and D-4.
Hence, the plaintiff is directed to serve the copy of Ch/s upon D-1 through court bailief and upon D-2, D-3 and D-4 by RPAD through court and to file service report.
Matter is adjd to 24.08.2023 for Ch/s service upon D-1 to D-4.
Next Purpose: SERVICE
Next Hearing Date: 24-08-2023

Date: 18-07-2023
Business: Adv. Kumar for Plaintiff present.
Adv. Ms. Rawade for MCGM present.
Considering the submissions of the Ld. Adv. for plaintiff, it reveals that Ch/s No. 287/20 is pending in this case. However, it reveals that D-1, D-2 and D-4 have not been served through the court and the plaintiff is relying on the service report upon the advocate for the D-1 and D-2 and track consignment of RPAD regarding D-3 and D-4.
Hence, the plaintiff is directed to serve the copy of Ch/s upon D-1 through court bailief and upon D-2, D-3 and D-4 by RPAD through court and to file service report.
Matter is adjd to 24.08.2023 for Ch/s service upon D-1 to D-4.
Next Purpose: SERVICE
Next Hearing Date: 24-08-2023

Date: 24-08-2023
Business: None for Plaintiff.
Adv. Ms. Rawade for MCGM present.
Matter is adjd  to  03.10.2023 for Ch/s service.
Next Purpose: CHAMBER SUMMONS SERVICE
Next Hearing Date: 03-10-2023

Date: 03-10-2023
Business: Adv. R. M. Kumar for Plaintiff present.
Adv. Rajesh Devgharkar for D-2 present.
Adv. Ms. Rawade for MCGM/D-5 present.
On oral request of Ld. Adv. For plaintiff matter is adjourned.
Matter is adjd to 07.11.2023 for Ch/s service.
Next Purpose: CHAMBER SUMMONS SERVICE
Next Hearing Date: 07-11-2023

Date: 07-11-2023
Business: Adv. Mishra for plaintiff present.
Adv. Vyavhare for defendante/MCGM is present.
Matter is adjd  to  04-01-2024  for CS service.
Next Purpose: CHAMBER SUMMONS SERVICE
Next Hearing Date: 04-01-2024

Date: 04-01-2024
Business: Adv. Kumar for Plaintiff present.
Adv. Devgharkar for D-2 present.
None for D-1 and D-3.
Adv. Vyavahare for defendant/BMC present.
It appears from the roznama dtd. 01.02.2020 that the plaintiff has taken out draft Ch/s but after seeking leave, registered Ch/s is not tendered on record. Hence, the plaintiff is directed to tender registered Ch/s No. 287/20 on or before next date.
Matter is adjd  to 27.02.2024 for Ch/s service.
Next Purpose: CHAMBER SUMMONS SERVICE
Next Hearing Date: 27-02-2024

Date: 27-02-2024
Business: Adv. Shivram Mishra for Plaintiff present.
Adv. Rajesh Naik for D-1 present.
Adv. Ms. Rawade for MCGM present.
On oral request of Ld. Adv. For plaintiff matter is adjourned.
Matter is adjd  to 18.04.2024 for Ch/s service.
Next Purpose: CHAMBER SUMMONS SERVICE
Next Hearing Date: 18-04-2024

Date: 18-04-2024
Business: Plaintiff present. His advocate is absent.
Adv. Rajesh Devdhare for D-2 present.
Adv. Vyavahare for defendant/BMC present.
Matter is adjd  to 18.07.2024 for Ch/s service.
Next Purpose: CHAMBER SUMMONS SERVICE
Next Hearing Date: 18-07-2024

Date: 18-07-2024
Business: Plaintiff present.
Adv. R. M. Kumar for plaintiff present.
Adv. Sachin Vajale for defendant No. 5/BMC present.
None for D-2 D-3, D-4.
 On oral request of Ld. Adv. For plaintiff matter is adjourned.
Matter is adjd  to 17.08.2024 for Ch/s service.
Later on at 3.20 p.m. Adv. Trupti Pujari i/b Rajesh Devgharkar for D-2 present.
Next Purpose: CHAMBER SUMMONS SERVICE
Next Hearing Date: 17-08-2024

Date: 17-08-2024
Business: Adv. R. M. Kumar for plaintiff present.
Plaintiff present.
Adv. Chaitanya Dalvi for Defendant No. 5/MCGM present.
D-1 present.
D-2, D-3 and D-4 absent.
Applicant Anita A. Achrekar present and filed an application for withdrawal of Ch/s No. 287/20. Taken on record and marked at Exh.8
Order on Exh. 8
Though application Exh. 8 is tendered on record under the signature of the applicant and her advocate, concern advocate is not present and the applicant has also not possess any ID proof to determine her identity as an applicant. Moreover, registered Ch/s No. 287/20 is also not tendered on record though directions are given long back. Hence, application Exh. 8 be kept for consideration by directing the applicant to remain present on next date along with her advocate and also tender the registered Ch/s on record.
Matter is adjd  to 17.10.2024 for Ch/s hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 17-10-2024

Date: 17-10-2024
Business: Adv. R. M. Kumar for Plaintiff present.
Adv. Chaitanya Dalvi for Defendant/MCGM present.
Adv. Rajesh Naik for D-1 present.
   Proposed plaintiff Anita Anil Acharekar claiming herself to be the widown of deceased plaintiff no. 2 is present along with her ID proof i.e. original aadhar card of which xerox copy is filed on record. (Verified from the original). She has submitted that her advocate Mr. Naik is suffering from paralysis and he has ceased to come in the court. In terms of the earlier application Exh. 8 of which contents are read over and explained to her in Marathi, she has submitted that she is not intended to proceed with the Chamber summons and withdraw the same. In fact, she has also not tendered registered chamber summons on record and submitted that it is in the custody of her advocate Mr. Naik. Hence, considering the request of the proposed plaintiff in chamber summons no. 287/2020, application Exh. 8 for withdrawal of Ch/s is allowed.
Order
1.  In view of application Exh. 8 and order passed on it, chamber summons no. 287 of 2020 stands disposed of for want of prosecution as withdrawn. The proposed plaintiff is directed to tender the registered Ch/s No. 287/20 on record for record purpose.
2.  Chamber summons No. 287 of 2020 stands disposed of accordingly.
Matter is adjd to 05.12.2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-12-2024

Date: 05-12-2024
Business: Plaintiff present. His advocate is absent.
Adv. Chaitanya Dalvi for Defendant/MCGM present.
Adv. Rajesh Naik for D-1 present.
Matter is adjd  to 28.01.2025 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-01-2025

Date: 28-01-2025
Business: Adv. Kumar for Plaintiff present.
Adv. Chaitanya Dalvi for Defendant No. 5/MCGM present.
Adv. Prasad h/f Adv. Rajs Naik along with D-1 present and requested for short adjournment. It is granted.
D-2 to D-4 absent.
Matter is adjd to 25.02.2025 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-02-2025

Date: 25-02-2025
Business: Plaintiff present. His advocate is absent.
Adv. Rajesh Devgharkar for D-2 present.
Adv. Prasad Narkar for D-1 present.
Adv. Chaitanya Dalvi h/f Adv. Sachin Vajale for Defendant/MCGM present.
Matter is adjd to 17.04.2025 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-04-2025

Date: 17-04-2025
Business: The P.O. is on leave hence, matter is adjd.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-07-2025

Date: 03-07-2025
Business: Adv. R. M. Kumar for Plaintiff present
Adv. Rajesh Devgharkar for D-2 present.
Adv. Prasad h/f Adv. Rajas Naik for D-1 present.
Adv. Chaitanya Dalvi for Defendant/MCGM present.
Matter is adjd to 12.08.2025 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-08-2025

Date: 12-08-2025
Business: Adv. Wilson Cherian i/b Adv. R. M. Kumar for Plaintiff present and requested for short adjournment. It is granted.
Adv. Chaitanya Dalvi for Defendant/MCGM present.
Adv. Rajesh Devgharkar for D-2 present.
Adv. Prasad Narkar h/f Adv. Rajas Naik for D-1 present.
     In this matter, Adv. Prasad Narkar h/f Adv. for D-1 submitted  that NM No. 4192/2019 is allowed on 03.12.2019 and he has produced copy of the order Dtd. 03.12.2019 allowing NM No. 4192/2019. Record and roznama also shows NM No. 4192/2019 allowed on 03.12.2019. However, said NM No. 4192/2019 shown pending on balance sheet unnecessarily. Therefore, in view of order Dtd. 03.12.2019 in NM No. 4192/2019, said NM stands struck out from the balance sheet.
Matter is adjd  to 30.09.2025 for steps.
Nature Of Disposal: OTHER
Disposal Date: 12-08-2025

Additional Case Details

Additional Case Details
Filing Number: 112272/2019
Filing Date: 13-11-2019
First Hearing Date: 03rd December 2019
Decision Date: 12th August 2025
Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE

Orders

3
Final Order 2
12 Aug 2025
Order Details: Other
Pdf Text: 12.08.2025 CORAM: SHRI A. D. SALUNKHE ADDL. SESSIONS JUDGE C.R.NO.5
SU. 728/19
NM 4192/19
Adv. Wilson Cherian i/b Adv. R. M. Kumar for Plaintiff present and
requested for short adjournment. It is granted.
Adv. Chaitanya Dalvi for Defendant/MCGM present.
Adv. Rajesh Devgharkar for D-2 present.
Adv. Prasad Narkar h/f Adv. Rajas Naik for D-1 present.
In this matter, Adv. Prasad Narkar h/f Adv. for D-1 submitted that
NM No. 4192/2019 is allowed on 03.12.2019 and he has produced
copy of the order Dtd. 03.12.2019 allowing NM No. 4192/2019. Record
and roznama also shows NM No. 4192/2019 allowed on 03.12.2019.
However, said NM No. 4192/2019 shown pending on balance sheet
unnecessarily. Therefore, in view of order Dtd. 03.12.2019 in NM No.
4192/2019, said NM stands struck out from the balance sheet.
Matter is adjd to 30.09.2025 for steps.
Judge
-- 1 of 1 --
Interim Order 1Full order available
03 Dec 2019

Order Details: Notice of Motion Pdf Text: 1 NM 4192-19 in Suit No. 728-19 CNRNO.MHCC010114952019 IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY AT BOMBAY NOTICE OF MOTION NO. 4192 OF 2019 IN L.C. SUIT NO. 728 OF 2019 Mr. Devanand Nilkanth Achrekar & Anr. ....Plaintiffs V/s. Mahendra Nilkanth Achrekar & Ors. ..... Defendants Coram : Sanjay N. Yadav, Judge (Court Room no. 05) Date : 03rd December, 2019 Appearance: Ld. Adv. Rajs Ashish Naik for defendant No.1 Ld.…

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Order 1Full order available
03 Dec 2019

Order Details: Notice of Motion Pdf Text: 1 NM 4192-19 in Suit No. 728-19 CNRNO.MHCC010114952019 IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY AT BOMBAY NOTICE OF MOTION NO. 4192 OF 2019 IN L.C. SUIT NO. 728 OF 2019 Mr. Devanand Nilkanth Achrekar & Anr. ....Plaintiffs V/s. Mahendra Nilkanth Achrekar & Ors. ..... Defendants Coram : Sanjay N. Yadav, Judge (Court Room no. 05) Date : 03rd December, 2019 Appearance: Ld. Adv. Rajs Ashish Naik for defendant No.1 Ld.…

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