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NOTICE OF MOTION

MR KAPIL B PRAJAPATIVsM/S RADHE BUILDERS AND ORS.

CNR MHCC0101198320199-COURT 09 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 20th March 2026

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
104360/2019
Registration Date
23 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: 07-01-2020
    Business: Plaintiff is present. Adv. is absent.
    Adv. Prabhu  for defendant no. 3 and 4 is present.
    Adv. Samaksh  Dasot for defendant no. 1 is present.
    Matter is adjd.  for tendering original NM/reply/service of NM  to 13/02/2020 .
    Next Purpose: SERVICE
    Next Hearing Date: 13-03-2020
    
    Date: 13-03-2020
    Next Purpose: SERVICE
    Next Hearing Date: 18-08-2020
    
    Date: 18-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: SERVICE
    Next Hearing Date: 05-10-2020
    
    Date: 05-10-2020
    Business: Court is on leave
    Next Purpose: SERVICE
    Next Hearing Date: 27-01-2021
    
    Date: 27-01-2021
    Business: None for plaintiff.
    Adv. Chandramore for the defendant No.5.
    Matter is adjd. to 15/03/2021 for NM reply/service.
    Next Purpose: SERVICE
    Next Hearing Date: 15-03-2021
    
    Date: 15-03-2021
    Business: Adv.  Prathemesh Seth for the plaintiff.
    Adv. S. Gharat for the defendant No.1.
    Adv. Mangal Kadam for defendants No.3 and 4.
    Adv. Chandramore for the defendant No.5.
    Matter is adjd. to 20/04/2021 for NM reply.
    Next Purpose: REPLY
    Next Hearing Date: 20-04-2021
    
    Date: 20-04-2021
    Business: Due to Covid-19
    Next Purpose: REPLY
    Next Hearing Date: 14-07-2021
    
    Date: 14-07-2021
    Business: Due to COIVD-19 pandemic.
    Next Purpose: REPLY
    Next Hearing Date: 06-09-2021
    
    Date: 06-09-2021
    Business: Court is on leave.
    Next Purpose: REPLY
    Next Hearing Date: 25-10-2021
    
    Date: 25-10-2021
    Business: Court busy in dictating order in NM No. 2016/2019 (SU 1507/2019), NM No.2014/2019 (SU No.1508/2019), NM No.2016/2019 (SU No.1509/2019), NM No.2008/2019 (SU No. 1453/2019) and NM No.2013/2019 (SU 1455/2019). Hence, board is discharged.
    Matter is adjd. to 01/12/2021 for NM reply-rejoinder.
    Next Purpose: REPLY
    Next Hearing Date: 01-12-2021
    
    Date: 01-12-2021
    Business: Adv Prathamesh Seth present for the plaintiff.
    Adv Mr.Bekar present for the defendant no.1
    He filed affidavit in reply on NM No.4360/19 TOR
    Adv Mangal Kadam present for the defendant nos.3 and 4/MHADA.
    Adv Chandramore present for the defendant no.5/ corporation.
    Argument heard on behalf of plaintiff.
    Matter is adjd. to 18.12.2021 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 18-12-2021
    
    Date: 18-12-2021
    Business: Adv Prathamesh Seth present for the plaintiff.
    Adv Mr.Ganoo present for the defendant no.1
    Adv.Mangal Kadam for defendant nos.3 and 4/MHADA present.
    Adv.Chandramore for defendant no.5/BMC present.
    ORDER
    Ld advocate for plaintiff submits that his client is ready to accept the amount of compensation at the rate of Rs.10000/- per month. The question remains of the period of which the defendant no.1 has to pay compensation to the plaintiff. Both Ld advocates agreed on the point of execution of the agreement. Ld advocate for plaintiff undertakes to write a letter to Ld advocate for defendant no.1 regarding the availability of plaintiff for registration. It is mutually agreed that the date for registration would be after 10th January, 2022. Once the agreement is register and if the parties do no come at mutual agreement for deciding the time period during which compensation is to be paid. Hence, the NM will be heard only on the part of period of compensation. Accordingly, matter is adjourned to 01.02.2022.
    Matter is adjd. to 01.02.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-02-2022
    
    Date: 01-02-2022
    Business: Adv.Prathmesh Shaikh for plaintiff.
    Adv.Mangal Kadam for defendant/MHADA present.
    Adv.Chandramore for defendant/BMC present.
    Matter is adjd. to 29.04.2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-04-2022
    
    Date: 29-04-2022
    Business: Adv. Prathmesh Seth for plaintiff present.
    Adv. Ganu for defendant no. 1 present and files compilation.
    Adv.Mangal Kadam for defendant/MHADA present.
    Adv. Chandramore for BMC present.
      Mr. Kapil Prajapati plaintiff present in person. Ld. Adv. Mr. Seth submits that though the Roznama was recorded on 18/12/2021, agreement could not be executed due to certain difficulties of his client. He is  ready to execute agreement now. By mutual consent and on instruction of plaintiff the parties agreed to execute agreement on 23/05/2022.
      Ld. Adv. Mr. Ganu submits that the plaintiff has to execute Declaration cum intemnity bond in his favour prior to 23/05/2022 and he must get it in advance so that he can seek appointment for registration of agreement from the sub registrar of assurances. Ld Adv. Mr. Seth on the instruction of his client agrees for the same. Plaintiff shall send Declaration com intemnity bond in original to Ld. Adv. for defendant no.1 on or before 13/05/2022.
      Ld. Adv. Mr. Ganu further submits that as per the requirement of registering authority Plaintiff needs to produce some document like electricity bill or telephone bill of the year 1994 or prior to the same. Ld. Adv. Mr. Seth on instructions agrees for the same. Plaintiff shall remain present for registration before the registring authority at Worli with all the required documents.
    By consent, matter is adjd. to 21-06-2022 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 21-06-2022
    
    Date: 21-06-2022
    Business: Court is busy in hearing N/m in SU 2042/19. Hence, board discharged.
    Matter is adjd. to 28-07-2022 for  Ch/s .
    Next Purpose: COMPLIANCE
    Next Hearing Date: 28-07-2022
    
    Date: 28-07-2022
    Business: court is on leave
    Next Purpose: COMPLIANCE
    Next Hearing Date: 16-09-2022
    
    Date: 16-09-2022
    Business: As Court is busy in dictating order in ch/s No. 881/2022 in Suit No.3134/2019 and Judgment in Suit No. 2607/2008. Hence, Matter is adjd. to 04.11.2022 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 04-11-2022
    
    Date: 04-11-2022
    Business: Court is on leave.
    Hence, Matter is adjourned to next date.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 21-12-2022
    
    Date: 21-12-2022
    Business: Court is on leave for 2nd Session.
    Hence, Board is discharged.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-02-2023
    
    Date: 16-02-2023
    Business: As Court is busy in hearing arguments in Suit No. 2457/2014 and other urgent matters on board. Hence, board is discharged.
    Matter is adjourned to 11.04.2023 for Notice of Motion Reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 11-04-2023
    
    Date: 11-04-2023
    Business: Plaintiff present
    Adv. Priya Nirmal I/b Mahimtura and Co. for defendant No. 1 present.
    Adv. Mangal Kadam for defendant Nos. 3 and 4/MHADA present.
    As Court is busy in dictating order in Chamber Summons No. 388 of 2017 in Suit No. 166/2014. Hence, Matter is adjourned to 06.07.2023 for NM Reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 06-07-2023
    
    Date: 06-07-2023
    Business: None present for the plaintiff.
    Adv. Mr. Yash Joglekar for defendant No. 1 is present.
    Adv. Ms. Mangal Kadam for defendant No.4/MHADA is present and seeks time to file reply to NM. Time is granted.
    Matter is adjourned to 04.09.2023 for NM reply
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 04-09-2023
    
    Date: 04-09-2023
    Business: None present for the plaintiff.
    Adv. Mr. Yash Joglekar for defendant No. 1 is present.
    Adv. Ms. Mangal Kadam for defendant No.4/MHADA is present.
    Adv. Ms. Chandramore for defendant No.5/BMC is present.
    Matter is adjourned to 26.10.2023 for NM reply by defendant
    No. 4.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 26-10-2023
    
    Date: 26-10-2023
    Business: Adv. Mr. Jipnish Jain for the plaintiff is present. He submits that he is going to file VP for plaintiff by obtaining NOC and seeks time for the same.
    Adv. Mr. Yash Joglekar for defendant No. 1 is present.
    Adv. Ms. Mangal Kadam for defendant Nos. 3 and 4 /MHADA is present.
    Adv. Ms. Chandramore for defendant No.5/BMC is present.
    Adv. for defendant Nos. 3 and 4 seeks time to file reply to NM. Time is granted.
    Matter is adjourned to 19.12.2023 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 19-12-2023
    
    Date: 19-12-2023
    Business: Plaintiff is present with Adv.Mr. Shailesh Pal.
    Adv. Mr. Yash Joglekar for deft no.  1 present.
    Adv. Ms. Mangal Kadam for defendant nos. 3 and 4 /MHADA is
    present.
    Adv. Ms. Chandramore for defendant No.5/BMC is present.
    Advocate for deft.nos. 3 and 4 submitted that they are not going to file reply to N/m.
    Adjourned for N/m reply to 29.01.2024.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 29-01-2024
    
    Date: 29-01-2024
    Business: As court is busy in hearing argument in NM No.2886 of 2023 in Suit No.1568 of 2023 and dictating other order matters on board. Hence, board discharged.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 28-02-2024
    
    Date: 28-02-2024
    Business: Adv. Mr. Anish Deshpande for the plaintiff is present.
    Adv. Mr.Yash Joglekar  for defendant no.1 is present.
    Adv. Ms.Mangal Kadam for defendant no.3 and 4/MHADA is present.
    Adv. Mrs.Chandramore for defendant no.5/BMC is present.
    Adv. for plaintiff filed VN for plaintiff marked at Exh-
    Matter is adjourned to 26.03.2024 for NM Reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 26-03-2024
    
    Date: 26-03-2024
    Business: Adv. Mr.Anish Deshpande for the plaintiff is present.
    Adv. Mr.Yash Joglekar for defendant No.1 is present.
    Adv. Ms.Mangal Kadam for defendant No.3 and 4/MHADA is present.
    Adv. Mrs.Chandramore for defendant No.5/BMC is present.
    It is submitted on behalf of both the parties that settlement talks are  initiated between the parties and prayed for adjournment. At the request of both the parties Matter is adjourned to 12.04.2024 for NM Reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 12-04-2024
    
    Date: 12-04-2024
    Business: Adv. Mr.Deshpande for the plaintiff is present.
    Adv. Mr.Yash Jogalekar for defendant is present.
    Adv.Chandramore for defendant no.5/BMC present.
    It is submitted on behalf of both the parties that settlement talk is going on between the parties and prayed for adjournment.
    At the request of palintiff matter is adjourned to 14.06.2024 for N/M Rejoinder.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 14-06-2024
    
    Date: 14-06-2024
    Business: As court is busy on hearing in Su No.2391/19 and EA No.66/21 Hence, board is discharged.
    Matter is adjourned to 18.07.2024 for NM Reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 18-07-2024
    
    Date: 18-07-2024
    Business: court is on leave
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 04-09-2024
    
    Date: 04-09-2024
    Business: Plaintiff present and sought adjournment.
    Advocate Rahul Rathod for defendant/BMC present.
    Advocate Yash Joglekar for defendant no. 1 present.
    Matter is adjourned to 24/10/24 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 24-10-2024
    
    Date: 24-10-2024
    Business: Adv. Anish present for plaintiff.
    Adv. Ms.Mangal Kadam for defendant/MHADA present.
    Advocate Rahul Rathod for defendant/BMC present.
    Adv. Yash Jogalekar for defendant no. 1 present.
    Matter is adjourned to 26/11/24 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 26-11-2024
    
    Date: 26-11-2024
    Business: Plaintiff is present.
    Adv. Yash for defendant no. 1 present.
    Advocate Rahul Rathod for defendant/BMC present.
    Adv. Ms.Mangal Kadam for defendant/MHADA present.
    Matter is adjourned to 09/01/25 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 09-01-2025
    
    Date: 09-01-2025
    Business: Plaintiff present.
    Adv. for plaintiff absent.
    Advocate Yash for defendant no. 1 present.
    Advocate Rahul Rathod for defendant/BMC present.
    Advocate Rahul Rathod for defendant no. 5/BMC present.
    Defendant no. 5/BMC failed to file reply on NM. Hence, Matter to proceed without reply on NM.
    Other defendants already filed their reply.
    Matter is adjourned for NM hearing to 25/02/25.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-02-2025
    
    Date: 25-02-2025
    Business: As the Court is on leave. Board is discharged and the matter stands adjd. to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-04-2025
    
    Date: 15-04-2025
    Business: Plaintiff present his advocate absent and he seeks time for hearing on NM. O- Time granted as last chance.
    Advocate Yash Joglekar for defendant no. 1 present.
    Adv. Ms.Mangal Kadam for defendant no. 3 and 4/MHADA present.
    Advocate Rahul Rathod for defendant/BMC present.
    Matter is adjourned to 21/06/25 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-06-2025
    
    Date: 21-06-2025
    Business: Adv. C. K. Mhatre present for plaintiff and he filed VP. t.o.r marked as Exh. .
    Adv. Yash Joglekar for defendant no. 1 present.
    Advocate Rahul Rathod for defendant/BMC present.
    Matter is adjourned to 16/07/25 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-07-2025
    
    Date: 16-07-2025
    Business: Adv. S. K. Paranjape present for plaintiff.
    Advocate Joglekar for defendant no. 1 present.
    Advocate Rahul Rathod for defendant/BMC present.
    Adv. Ms.Mangal Kadam for defendant no. 3 and 4/MHADA present.
    By consent, Matter is adjourned for NM hearing to 06/08/25.  (Afternoon session)
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-08-2025
    
    Date: 06-08-2025
    Business: Adv. S. K. Paranjape present for plaintiff and sought adjournment. O- Time granted.
    Adv. Joglekar present for defendant no. 1.
    Advocate Rahul Rathod for defendant no. 2/BMC present.
    Adv. Ms.Mangal Kadam for defendant no. 3 and 4/MHADA present.
    Matter is adjourned for NM hearing to 16/09/25.  (Afternoon session)
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-09-2025
    
    Date: 16-09-2025
    Business: Adv. S. K. Paranjpe present for plaintiff.
    Adv. S. Joglekar present for defendant no.1.
    Adv. Rahul Rathod for defendant no.2/BMC present.
    Matter is adjourned to 17.11.2025 for arguments.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 17-11-2025
    
    Date: 17-11-2025
    Business: None present for plaintiff.
    Counsel Yash Joglekar a/w Adv. Danish Qureshi i/b Mahimtura and Company present for defendant no.1.
    Adv. Rahul Rathod for defendant no.5/BMC present.
    KB
    LO at 3.06pm
    As plaintiff and his advocate are absent, Matter is adjourned to 15.01.2026 for NM arguments.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 15-01-2026
    
    Date: 15-01-2026
    Business: Matter is adjourned to 16.01.2026
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 16-01-2026
    
    Date: 16-01-2026
    Business: Adv. Redekar present for plaintiff.
    Adv. Kudalkar present for defendant nos.1 and 2/State.
    KB LO at 4.13pm
    Advocate for plaintiff submitted that NM was argued before the Ld. Predecessor but in view of transfer of my Ld. Predecessor both parties are directed to again argue the NM on next date.
    Earlier order if any, to continue till next date.
    Matter is adjourned to 04.02.2026 for NM arguments.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 04-02-2026
    
    Date: 04-02-2026
    Business: None present for plaintiff.
    Adv. Danish Qureshi i/b Mahimtura and Company for defendant no.1 present.
    Adv. Rahul Rathod for defendant/BMC present.
    Adv. Amruta Kundap i/b Adv. Diwan present for defendant/MHADA.
    As plaintiff and his advocate are absent, Matter is adjourned to 20.03.2026 for NM arguments.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 20-03-2026
    
    Date: 20-03-2026
    Business: None present for plaintiff.
    Adv. Danish Qureshi i/b Mahimtura and Company present for defendant no.1.
    Plaintiff absent. Advocate for plaintiff absent. Advocate for defendant no.1 present. No application for adjournment is filed on record. NM 4360/2019 is pending since 2019. Hence, it shows that plaintiff is not interested to proceed with the NM 4360/2019. Hence, NM 4360/2019 stands dismissed for want of prosecution.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 20-03-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 112752/2019
    Filing Date: 23-11-2019
    First Hearing Date: 07th January 2020
    Decision Date: 20th March 2026
    Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    20 Mar 2026
    Order Details: Other
    Pdf Text: 20.03.2026
    Sr. No. 14
    CORAM: H.H.J. SHRI S. M. PATIL, (C.R. NO.09)
    SU 2918/2013
    NM 4360/2019
    None present for plaintiff.
    Adv. Danish Qureshi i/b Mahimtura and Company present for
    defendant no.1.
    Plaintiff absent. Advocate for plaintiff absent. Advocate for defendant
    no.1 present. No application for adjournment is filed on record. NM
    4360/2019 is pending since 2019. Hence, it shows that plaintiff is not
    interested to proceed with the NM 4360/2019. Hence, NM
    4360/2019 stands dismissed for want of prosecution.
    Matter is adjourned to 20.07.2026 for Issues.
    Judge
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