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
1For Petitioner
For Respondent
Not available
Parties
2Petitioner
Respondent
Acts & Sections
1Protection 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
1Final Order 120 Mar 2026
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 -- 1 of 1 --
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