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NOTICE OF MOTION

Smt. Samruddhi Dilip Sawant and Ors.VsMr. Jayant Dinkar Patil and Ors.

CNR MHCC01012184201962-COURT 62 AD-HOC ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
PENDING

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
104446/2019
Registration Date
26 Nov 2019
Next Hearing Date
07 Oct 2026
Case Stage
NM FOR DISMISSAL

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: 02-12-2019
    Business: Adv. Amit Shroff for plaintiff present.
    Adv. A. J. Jadhav for defendant present.
    Court is busy in hearing arguments of N/M no. 3002/19. Hence, board is discharged.
    Case is adjourned to 16.12.2019 for  N/M argument.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 16-12-2019
    
    Date: 16-12-2019
    Business: Advocate Mr. Amit Shroff i/b Ashok Kotecha for Plaintiff present.
    Advocate Mr. A. J. Jadhav for Defendants present and filed registered Notice of Motion no.4446/2019 with affidavit in support, t.o.r.
    
    Heard arguments of both sides in respect of Notice of Motion no.1990/19.
    Case is adjourned to 02/01/2020 for Order on NM no.1990/19.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 02-01-2020
    
    Date: 02-01-2020
    Business: Advocate Mr. Amey Mahajan for Plaintiff present
    Advocate Mr. A. J. Jadhav for Defendant present
    Court is busy in dictating Judgment in suit no.8316/95, hence case is adjourned to 08/01/2020 for NM for order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 08-01-2020
    
    Date: 08-01-2020
    Business: Plaintiff with advocate Mr. Amey Mahajan for Plaintiff present
    Advocate Mr. A. J. Jadhav for Defendant present
    Court is busy in hearing of NM in suit no.2693/18, hence case case is adjourned to 18/01/2020 for N/M order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 18-01-2020
    
    Date: 18-01-2020
    Business: PO IS ON LEAVE.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 23-01-2020
    
    Date: 23-01-2020
    Business: Advocate Amey Mahajan for Plaintiff present
    Advocate A. J. Jadhav for Defendant present
    Court is busy in dictating order on Hon\''ble High Court time bound Notice of Motions in suit no.627/13 as well as court has to hear urgent matters, case is adjourned to 30/01/2020 for NM for order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 30-01-2020
    
    Date: 30-01-2020
    Business: Advocate Mr. Amey Mahajan for Plaintiff present
    Advocate Mr. A. J. Jadhav for Defendants present
    F.R.S.R. following order has passed-
                                         ORDER
    Notice of Motion no.1990 of 2019 stands disposed off / dismissed.
    Advocate for Plaintiff filed an application for stay of the order passed by this Court today in  Notice of Motion no.1990 of 2019,t.o.r. Other side to say.  Say filed by advocate for Defendants
                                   ORDER ON EXH.3
    In the application Plaintiffs have contended that on 10/09/2019 and 11/12/2019 Defendant no.1 has  taken law in his hands and therefore Plaintiffs are intending to challenge the order passed by this Court today by filing appeal against said order, hence Plaintiffs have prayed for  the order directing Defendants to maintain status quo for six weeks and Plaintiffs have prayed for stay to the operation of the order passed by this court today.
    Defendants advocate filed his say contending that no ad interim relief was granted by this Court in Notice of Motion no.1990/19 hence no question arises of staying the operation of the order passed by the court today and further no question arises of granting status quo order in any way.
    Heard. Plaintiff advocate argues that Defendants are intending to close Plaintiffs entrance to disputed washroom hence the status quo as prayed is necessary to be granted. Defendants advocate submitted that ad interim relief of any nature was not granted by the court hence application is necessary to be rejected.
    I have given serious consideration to the submissions made by the parties.  As since beginning this court has not granted any ad interim relief in favour of Plaintiff no question arises of granting status quo in favour of Plaintiff when the court has rejected Plaintiffs NM on its own merits.  Further, no substantial relief was or is granted by the Court in favour of the parties to the suit therefore no question arises of staying the order passed today by this court, hence application Exh.3 stands rejected.
    Case is adjourned to 08/04/2020 for Notice of Motion no.4446/19 for hearing for condonation of delay.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-04-2020
    
    Date: 08-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-04-2020
    
    Date: 20-04-2020
    Business: National Lock down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-05-2020
    
    Date: 20-04-2020
    Business: National Lock down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-05-2020
    
    Date: 30-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-06-2020
    
    Date: 30-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-06-2020
    
    Date: 17-06-2020
    Business: Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 12/08/2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-08-2020
    
    Date: 12-08-2020
    Business: As holiday hence adjourned tomorrow.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-08-2020
    
    Date: 13-08-2020
    Business: Due to corona pandemic and lockdown
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-10-2020
    
    Date: 15-10-2020
    Business: None present for plaintiff.
    None present for defendant.
    Due to Corona Pandemic it seems that parties are absent, hence case is adjd. To 16/01/2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-01-2021
    
    Date: 15-10-2020
    Business: None present for plaintiff.
    None present for defendant.
    Due to Corona Pandemic it seems that parties are absent, hence case is adjd. To 16/01/2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-01-2021
    
    Date: 16-01-2021
    Business: Adv Mr. Amey Mahajan for plff present and mentioned the matter in the morning session.
    He submitted that reply filed to NM be treated as his argument in the pending NM filed by the deft.
    K.B. for argument in NM in the afternoon session.
    L.O. 2.30 pm.
    Nobody appeared for the defendant. Hence, matter is adjd. for NM hearing to 08.02.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-02-2021
    
    Date: 08-02-2021
    Business: Adv Mr. Amey Mahajan for plff present.
    None present for deft. to argue NM No. 4446/2019.
    Already sufficient opportunities are granted to deft  to argue said NM.
    He failed hence NM No.4446/2019 is dismissed in default for want of prosecution.
    Suit to proceed without WS against deft No.1
    Other defts also failed to file WS. Hence Suit to proceed without WS against other defts also.
    Matter is adjd. for evidence without WS to 29.04.2021.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 29-04-2021
    
    Date: 29-04-2021
    Business: Due to Covid matter is adjd.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 27-07-2021
    
    Date: 29-04-2021
    Business: Due to Covid matter is adjd.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 27-07-2021
    
    Date: 27-07-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 08-09-2021
    
    Date: 08-09-2021
    Business: Already disposed off on 08.02.2021
    Disposal Date: 08-09-2021
    
    Date: 14-08-2023
    Business: None for plaintiff.
    Adv. Jadhav for defendants present.
    Heard the Ld. Counsel for  defendants he would make submission that despite the service of this NM of the plaintiff they didnt file their reply to its NM nor their attending the matter since long. The present NM is taken out for seeking condonation of delay for setting aside the order dtd. 08-02-2021 passed by this court in NM No. 4446/19 taken out by the defendants setting condonation of dealy in filing written statement and this Court by order dtd. 08-02-2021 dismissed the said NM no. 4446/19 for want of prosecution. Since it is apperant that the present matter would be convered by the order of the Honble Supreme Court in Suo-motu writ petition no. (Civil) 3/2021 whereby the Honble Apex Court excluded the period of limitation in view of the Covid-19 pandemic, the present NM deserves to be allowed. Hence, I proceed to pass following order -
    1) The NM No. 2779/21 is made absolute in terms of prayer clause (a) and (b).
    2) The order dtd. 08-02-2021 passed by this Court in NM No. 4446/2019, thereby dismissing in for default stands set-a-side and the said NM No. 4446/19 is restored on the file of the suit.
    3) The proceeding according to the law the NM No. 2779/21 is disposed of accordingly.
    Matter is adjd.to 06-10-2023 for Hearing of NM No. 4446/19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-10-2023
    
    Date: 06-10-2023
    Business: I
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-12-2023
    
    Date: 01-12-2023
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-01-2024
    
    Date: 23-01-2024
    Business: I
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-03-2024
    
    Date: 14-03-2024
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-04-2024
    
    Date: 24-04-2024
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-06-2024
    
    Date: 27-06-2024
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-09-2024
    
    Date: 13-09-2024
    Business: None for plaintiff.
    None for defendant.
    Matter is adjourned to 23.10.2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-10-2024
    
    Date: 23-10-2024
    Business: Court is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-11-2024
    
    Date: 16-11-2024
    Business: None for plaintiff.
    None for defendant.
    Matter is adjourned to 20.12.2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-12-2024
    
    Date: 20-12-2024
    Next Purpose: ORDER
    Next Hearing Date: 08-01-2025
    
    Date: 08-01-2025
    Business: None for plaintiff present.
    None for defendant.
    Matter is adjourned to 24.02.2025 for re-hearing.
    Next Purpose: HEARING
    Next Hearing Date: 24-02-2025
    
    Date: 24-02-2025
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-04-2025
    
    Date: 24-04-2025
    Business: None for Plaintiff.
    None for defendant.
    Matter adjourned on 20-06-2025 for Nm hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-06-2025
    
    Date: 20-06-2025
    Business: None present for plaintiff and defendant.
    Matter is adjourned to 27-06-2025 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-06-2025
    
    Date: 27-06-2025
    Business: Court is vacant and hence, matter adjourned.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-07-2025
    
    Date: 25-07-2025
    Business: None for plaintiff present.
    None for defendant.
    Matter is adjourned to 29-09-2025 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-09-2025
    
    Date: 29-09-2025
    Business: Court is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-11-2025
    
    Date: 27-11-2025
    Business: CORAM : H.H.J. SHRI. P. G. BHOSALE (C.R. NO.62)
    None for plaintiff.
    None for defendant.
    Matter is adjourned to 20.02.2026 for NM hearing.
                                                                                            Judge
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-02-2026
    
    Date: 17-02-2026
    Business: CORAM : H.H.J. SHRI. N. V. JIWANE (C.R. NO.62)
    Writ received from Hon'ble High Court writ D.D. (AO) No. C0702116 of 2026 dtd. 27.01.2026 in Appeal from Order No. 215 of 2020 with Interim Application No. 1915 of 2020 (For Inj.), City Civil Court, Mumbai Inward No.2801, Dtd. 12.02.2026.
    Coram :- Hon’ble Justice Jitendra Jain, J. on 11th December, 2025 passed the following order :-
    P.C. :
    1.	On 20 November 2025, none appeared for the appellants and, therefore, the matter was listed today for dismissal.
    2.	Today also, there is no appearance on behalf of the appellants. Appeal is dismissed for want of prosecution. Consequently, interim application does not survive and is disposed of. Interim relief, if any, granted earlier stands vacated.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-02-2026
    
    Date: 20-02-2026
    Business: CORAM : H.H.J. SHRI. N. V. JIWANE (C.R. NO.62)
    None for plaintiff.
    None for defendant.
    Matter is adjourned to 29.04.2026 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-04-2026
    
    Date: 29-04-2026
    Business: CORAM : H.H.J. SMT. S. S. NAGUR (C.R. NO.62)
    Matter called at 03.30 pm
    None for plaintiff.
    None for defendant.
    The parties are directed to argue NM on next date failing which NM will be disposed of.
    Matter is adjourned to 02.05.2026 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-05-2026
    
    Date: 02-05-2026
    Business: CORAM : H.H.J. SMT. S. S. NAGUR (C.R. NO.62)
    Matter called at 02.50 pm
    None for plaintiff.
    None for defendant.
    Matter is adjourned to 29.06.2026 for NM for dismissal.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 29-06-2026
    
    Date: 29-06-2026
    Business: P. O. is on leave.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 18-07-2026
    
    Date: 18-07-2026
    Business: P.O.is on leave
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 07-08-2026
    
    Date: 07-08-2026
    Business: PO is on training.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 07-10-2026
    
    Date: 07-08-2026
    Business: PO is on training.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 07-10-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 112750/2019
    Filing Date: 26-11-2019
    First Hearing Date: 02nd December 2019
    Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE

    Orders

    2
    Interim Order 1
    08 Sept 2021
    Order Details: Other
    Pdf Text: 08/02/2021 CORAM : H.H.J. SHRI P.P.RAJVAIDYA (C.R. NO.09)
    51
    SU 1119/19
    Adv Mr. Amey Mahajan for plff present.
    None present for deft. to argue NM No. 4446/2019.
    Already sufficient opportunities are granted to deft to argue said
    NM.
    He failed hence NM No.4446/2019 is dismissed in default for want
    of prosecution.
    Suit to proceed without WS against deft No.1
    Other defts also failed to file WS. Hence Suit to proceed without
    WS against other defts also.
    Matter is adjd. for evidence without WS to 29.04.2021.
    Judge
    -- 1 of 1 --
    Order 1
    08 Sept 2021
    Order Details: Other
    Pdf Text: 08/02/2021 CORAM : H.H.J. SHRI P.P.RAJVAIDYA (C.R. NO.09)
    51
    SU 1119/19
    Adv Mr. Amey Mahajan for plff present.
    None present for deft. to argue NM No. 4446/2019.
    Already sufficient opportunities are granted to deft to argue said
    NM.
    He failed hence NM No.4446/2019 is dismissed in default for want
    of prosecution.
    Suit to proceed without WS against deft No.1
    Other defts also failed to file WS. Hence Suit to proceed without
    WS against other defts also.
    Matter is adjd. for evidence without WS to 29.04.2021.
    Judge
    -- 1 of 1 --

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