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NOTICE OF MOTION

Kamlesh Banurao ChaatreVsNityanand Baburao Chaatre And Ors

CNR MHCC0101160120198-COURT 08 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 18th October 2023

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
104235/2019
Registration Date
15 Nov 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Petitioner

    1. 1Kamlesh Banurao Chaatre

    Respondent

    1. 1Nityanand Baburao Chaatre And Ors

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 15-11-2019
Business: Adv. Sakina Kothari for plaintiff present, she filed registered NM 4235/19 .
Defendant 2 present.
Earlier Ad-interim order, if any be continued till next date.
As court is busy in hearing urgent matters.Hence, Board is discharged.
Matter adj for NM heraing to 11.12.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-12-2019

Date: 11-12-2019
Business: Plaintiff is present. Advocate is absent.
Adv. Holamagi for defendant no. 1  is present.
Matter is adjourned for NM hearing  to 06/02/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-02-2020

Date: 06-02-2020
Business: Adv. Sakina Kothari for Plaintiff is present.
She requested  to keep back the matter, However, due to  other matters is on board,  it is not possible.
Adv.  Holmagi for defendant no.1 is present.
Earlier Ad-interim order, if any be continued till next date.
Matter is adjd.  for  N/M hearing to . 19/03/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-03-2020

Date: 19-03-2020
Business: Due to direction to combat Corona Virus, board is discharged as
only matters for argument are taken up.
Matter is adjd. to 10.06.2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-06-2020

Date: 10-06-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-11-2020

Date: 03-11-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-02-2021

Date: 18-02-2021
Business: Plaintiff is present. His advocate absent.
None for defendants.
On oral request of the plaintiff, matter is adjd. to 31/03/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-03-2021

Date: 31-03-2021
Business: Due to SOP only urgent matter  are taken up. Hence, the Board is
discharged.
Matter is adjd. to 16/06/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-06-2021

Date: 16-06-2021
Business: Due to COVID-19 pandemic.
Matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-07-2021

Date: 30-07-2021
Business: Matter pertains to C.R. No.09
Adv. MS. Sakina Kothari h/f Adv. Ms. Janki Anand for plaintiff present.
Earlier order if any, to continue till next date.
Matter is adjd. to 30/08/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-08-2021

Date: 30-08-2021
Business: CORAM : H. H. J. SHRI.S.D.KULKARNI (C.R.NO. 8)
Matter pertains to C.R.No.9.
Adv. Ms. Sakina Kothari  i/b Adv. Kranti Anand for plaintiff present.
None for defendant.
Earlier order, if any  to continue till next date.
Matter is adjd. to 23/09/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-09-2021

Date: 23-09-2021
Business: Adv.Sakina Kothari for plaintiff present.
None for defendant.
Earlier if any to continue till next date.
P.O. is busy in dictating judgment in Suit No.2183/16 and order in Suit No. 2378/17. Hence Matter is adjd. to 14.10.2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-10-2021

Date: 14-10-2021
Business: Plaintiff is present.
Defendants No.1 and 4 are present.
Advocate of plaintiffs and defendants are absent.
Earlier order if any, to continue till next date
Matter is adjd. to 22/11/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-11-2021

Date: 22-11-2021
Business: Court is on Leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-12-2021

Date: 17-12-2021
Business: Adv Sakina Kothari present for the plaintiff.
Defendant no.1 present.
Earlier order if any to continue till next date.
Matter is adjd. to 27.01.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-01-2022

Date: 27-01-2022
Business: Advocate Ms. Sakina Kothari for the plaintiff present.
Earlier order if any to continue till next date.
Matter is adjd. to 28.03.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-03-2022

Date: 28-03-2022
Business: Adv. sonali present  for plaintiff and sought adjournment.
Adv. Holmagi present for defendant 01 and 02.
Son of Plaintiff present.
Earlier order, if any, to continue till next date.
Matter adjourned for nm hrg. To 14/06/22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-06-2022

Date: 14-06-2022
Business: None present for plaintiff.
Adv. Holmagi present for all the defendant.
Son of plaintiff present and sought adjournment on the ground that, advocate for plaintiff is suffering from malaria.
Earlier order, if any, to continue till next date.
Matter adjourned for nm hrg. To 29/07/22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-07-2022

Date: 29-07-2022
Business: Son of Plaintiff in person present and sought adjournment.
Adv. absent for plaintiff.
Defendant no. 01 in person present.
Earlier order, if any, to continue till next date.
Matter adjourned for nm hearing to 29/08/22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-08-2022

Date: 29-08-2022
Business: Son of Plaintiff in person present and sought adjournment.
Adv. absent for plaintiff.
Adv. Holmagi present for defendant.
Earlier order, if any, to continue till next date.
Matter adjourned for nm hearing/order to 26/09/22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-09-2022

Date: 26-09-2022
Business: Son of plaintiff present and sought adjournment.
Adv. absent for plaintiff.
Defendant no. 01 in person present.
Adv. Mangal Kadam present for defendants/MHADA.
None present for other defendants.
Earlier order, if any, to continue till next date.
Matter adjourned for nm hearing as a last chance to 04/10/22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-10-2022

Date: 04-10-2022
Business: Som of plaintiff present.
Adv. absent for plaintiff.
Defendant no. 01 in person present.
Adv. absent for defendants.
None present for other defendants.
kb.
l.o. at 04.10 pm.
As per request of son of plaintiff, matter was kept back till 04.40 pm. However, advocate for plaintiff did not appear and advanced arguments.
Earlier order, if any, to continue till next date.
Matter adjourned for nm dismissal order to 15/10/22.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 15-10-2022

Date: 15-10-2022
Business: Son of plaintif is present and sought adjournment.
Defendant no. 01 present.
Adv. absent for plaintiff.
Adv. absent for defendant.
Matter adjourned for nm hearing/nm dismissal order to 28/11/22.
l.o. at 04.24 pm.
Adv. Kranti present for the plaintiff.
Earlier order, if any, to continue till next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-11-2022

Date: 28-11-2022
Business: Adv. Kranti anand present for plaintiff and sought adjournment.
Adv. holmagi present for defendants.
Earlier order, if any, to continue till next date.
Matter adjourned for nm hearing to 17/12/22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-12-2022

Date: 17-12-2022
Business: Adv. Manisha Lohar Ib adv. Kranti Anant present for plaintiff and sought adjournment.
Defendant 01 in person present.
None present for other defendants.
Earlier order, if any, to continue till next date.
Matter adjourned for nm hearing to 30/01/23.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-01-2023

Date: 30-01-2023
Business: Son of Plaintiff in person present and requested to keep back the matter.
Adv. absent for plaintiff.
Defendant no. 01 in person present.
None present for other defendants.
Kb
l.o. at 04.00 pm.
Adv. Kranti anand present for plaintiff.
Defendant no. 01 in person present and sought adjournment.
Earlier order, if any, to continue till next date.
Matter adjourned for nm hearing to 06-02-23.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-02-2023

Date: 06-02-2023
Business: Son of Plaintiff in person present.
Adv. Manisha lohar hf adv. Kranti anand present for plaintiff and sought adjournment.
Defendant no. 01 in person present.
None present for other defendants.
Earlier order, if any, to continue till next date.
Matter adjourned for nm hearing to 16-03-23.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-03-2023

Date: 16-03-2023
Business: Adv Kranti Anand present for plaintiff.
Adv Holmangi present for defendant 01, 03&  04 and sought adjournment.
None present for other defendants.
Earlier order, if any, to continue till next date.
Matter adjourned for NM hearing to 06.04.2023.
Connected to Suit no. 3049/2014.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-04-2023

Date: 06-04-2023
Business: Son of plaintiff present.
Adv. Holmange present for defendant No. 1, 3 and 4 and sought adjournment.
None present for other defendants.
Earlier order, if any, to continue till next date.
Matter adjourned for NM hearing to 28.04.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-04-2023

Date: 28-04-2023
Business: Adv. Akansha kadam hf adv. Kranti Anand present for plaintiff.
Adv. Holmagi present for defendant no. 1, 3 and 4 and sought adjournment.
None present for other 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: Son of plaintiff present.
Defendant No.1 in person present.
Matter adjourned for NM Hearing to 14.07.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-07-2023

Date: 14-07-2023
Business: Adv. Aakanksha Kadam h/f. Adv.Kranti Anand present for plaintiff. She prayed for adjournment. Adjournment is granted as last chance. Plaintiffs to notes that further adjournment shall not be granted on any ground.
Defendant No.1 in-person present.
Adv. Suparna Holamagi for defendant present.
Matter adjourned for NM Hearing to 26.07.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-07-2023

Date: 26-07-2023
Business: Plaitniff is absent. His counsel is absent.
Adv. Holamagi present for defendant Nos.1,3 and 4.
Case is fixed for hearing on notice of motion No. 4526/2014. This notice of motion is pending for more than 09 years. On previous date counsel for plaintiff prayed for an adjournment and adjournment was granted as last chance.  Parties were warned that, no further adjournment shall be granted on any ground.  Inspite of that, plaintiff and his counsel are absent.  Therefore, it appears they are not interested in arguing notice of motion No.4526/2014. Therefore, following order is passed
Order
    1. Notice of motion No.4526/2014 is dismissed.
Matter adjourned for NM Hearing to 25.08.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-08-2023

Date: 25-08-2023
Business: Adv. Kranti Anand present for plaintiff.
Defendant No.1 in-peson present.
Matter adjourned for NM Hearing to 12.09.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-09-2023

Date: 12-09-2023
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-10-2023

Date: 18-10-2023
Business: None present for plaintiff.
Defendant No.1 in-person present.
ORDER
Notice of Motion No. 4235/2019 is pending since last four years. Plaintiff is absent he is not taking steps to proceed with Notice of Motion No. 4235/2019.  Therefore, it appears plaintiff is not interested in proceeding with Notice of Motion No. 4235/2019.  Hence, I passed following order.
1) Notion of Motion No. 4235/2019 is dismissed in default.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 18-10-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 112382/2019
Filing Date: 15-11-2019
First Hearing Date: 15th November 2019
Decision Date: 18th October 2023
Court Number And Judge: 8-COURT 08 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    18 Oct 2023
    Order Details: Notice of Motion
Pdf Text: Date
18.10.2023
12
Coram: H.H.J. Shri. V. G. Raghuwanshi, City Civil Court, Mumbai.
(C.R.08)
SU 4515/2013
NM
4235/2019
None present for plaintiff.
Defendant No.1 in-peson present.
ORDER
Notice of Motion No. 4235/2019 is pending since last four years.
Plaintiff is absent he is not taking steps to proceed with Notice of
Motion No. 4235/2019. Therefore, it appears plaintiff is not
interested in proceeding with Notioce of Motion No. 4235/2019.
Hence, I passed following order.
1) Notion of Motion No. 4235/2019 is dismissed in default.
Matter adjourned for stpes / dismisal to 05.12.2023.
Judge
Later on at 05.00 p.m.
Adv. Akashanka Kadam h/f. Adv. Kranti Anand present for plaintiff.
Judge
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