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NOTICE OF MOTION

Varsha Mahesh PatelVsGajanan Bhalchandra Worlikar

CNR MHCC0101222520193-COURT 03 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 01st April 2023

TrustJury record updated 24 Sept 2026

Case Overview

Registration Number
104466/2019
Registration Date
27 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: 27-11-2019
    Business: By praecipe matter is taken on today\''s board.
    Adv. Kunekar for plaintiff present and filed original NM no. 4466/19 supported by affidavit along with two affidavit of service in NM. As per affidavit of service, the defendant has refused the service as per postal endorsement on the envelope. Thus, it is a deemed service.
    Heard Ld. counsel for plaintiff on NM no. 4466/19.
    None present for defendant.
    Matter stands Adj for Order on NM no. 4466/19 to 06.12.19.
    Next Purpose: ORDER
    Next Hearing Date: 06-12-2019
    
    Date: 06-12-2019
    Business: Plaintiff present.
    Adv. Sonali Kunekar for plaintiff present.
    Adv. Jadhav for defendant present and filed VP.
    Vakalatnama filed on behalf of defendant.
    Heard both sides. Today the matter is kept for passing order on the NM and Ld. counsel for defendant wants to file reply to the NM and submitted that he had no notice of earlier date hearing by praecipe. Ld. counsel for plaintiff opposed the submissions and stated that affidavit of service is already filed on record. However, she  submitted that she has no objection, if the Ld. counsel for defendant will file reply to Nm on next date and prayed that directions may be given to defendant to maintain status quo regarding suit premises till next date. Ld. counsel for defendant requested for supply of copy of registered NM. Ld. counsel for plaintiff undertakes to serve the copy.
    In view of the above, defendant is directed to maintain status quo as on today in respect of the suit premises till next date.
    Matter stands Adj for reply to the NM on 20.01.2020.
    Next Purpose: REPLY
    Next Hearing Date: 20-01-2020
    
    Date: 20-01-2020
    Business: Adv. Bhavika Shinde for plaintiff present and submitted that defendant has been served with NM and has filed VP. Therefore, service of Writ of summons may be waived.
    Adv. Sachin Dhongade for defendant present and seeks time to file reply to NM. Time granted as last chance.
    Earlier order of status quo to continue till next date.
    Matter stands Adj for reply to NM on 26.02.2020.
    Next Purpose: REPLY
    Next Hearing Date: 26-02-2020
    
    Date: 26-02-2020
    Business: Adv. Bhavika Shinde for plaintiff present.
    Adv. Sagayamacy. M. h/f Adv. Ganesh Jadhav for defendant present and submitted that reply is almost ready, but due to some emergency the Ld. counsel for defendant unable to submit the same today and prayed for time.
    In view of the above, adjournment granted for filing reply as extremely last chance.
    Matter stands Adj for reply to Nm on 01.04.2020.
    Next Purpose: REPLY
    Next Hearing Date: 01-04-2020
    
    Date: 01-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPLY
    Next Hearing Date: 16-04-2020
    
    Date: 16-04-2020
    Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 77 of 2020 matter adjourned.
    Next Purpose: REPLY
    Next Hearing Date: 05-05-2020
    
    Date: 05-05-2020
    Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 77 of 2020 matter adjourned.
    Next Purpose: REPLY
    Next Hearing Date: 27-05-2020
    
    Date: 27-05-2020
    Business: In view 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: REPLY
    Next Hearing Date: 12-06-2020
    
    Date: 12-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPLY
    Next Hearing Date: 17-09-2020
    
    Date: 17-09-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPLY
    Next Hearing Date: 07-11-2020
    
    Date: 07-11-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPLY
    Next Hearing Date: 13-01-2021
    
    Date: 13-01-2021
    Business: Adv. Punekar h/f adv. Vikas Mahangare for Plaintiff present.
    None for defendant.
    The case is adjourned to 18.02.2021 for writ of summons.
    Next Purpose: REPLY
    Next Hearing Date: 18-02-2021
    
    Date: 18-02-2021
    Business: None present.
    Writ of summons not tendered.
    The case is adjourned to 07.04.2021 for writ of summons.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 07-04-2021
    
    Date: 07-04-2021
    Business: Due to COVID-19 pandemic the board is discharged.
    The case is adjourned to 23.06.2021 for writ of summons.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 23-06-2021
    
    Date: 23-06-2021
    Business: In view of office order No. 106/2021 dtd. 14.06.2021  of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai pursuant to circular dtd. 16.04.2021 issued by Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases and the views of stakeholders, the matter is adjourned
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 31-07-2021
    
    Date: 31-07-2021
    Business: Court is vacant
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 30-09-2021
    
    Date: 30-09-2021
    Business: Matter called out at 3.23 p.m.
    None present.
    Matter stands adjourned to 01.12.2021 for writ of summons.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 01-12-2021
    
    Date: 01-12-2021
    Business: Matter called out at 3.24 p.m.
    Adv. Sonali Kumkar I/b Vikas Mhangare for plaintiff present.
    Adv. Ganesh Jadhav for defendant present.  He tendered reply to NM No.4466/19. TOR.
    Copy undertakes to serve the plaintiff.
    Matter stands adjourned to 10.02.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-02-2022
    
    Date: 10-02-2022
    Business: Adv. Sonali Kunekar I/b Vikas Mahangare for plaintiff present.
    Adv. Ganesh Jadhav for defendant No.1 present.
    Matter stands adjourned to 11.02.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-02-2022
    
    Date: 11-02-2022
    Business: Matter called out at 12.30 p.m.
    Adv. Sonali Kunekar for plaintiff present. She is seeking time to file rejoinder. Time granted.
    Till then, the order dated 06.12.2019 to continue.
    Adv. Ganesh Jadhav for Deft. No.1 present.
    Matter stands adjourned to 19.03.2022 for rejoinder.
    Next Purpose: REJOINDER
    Next Hearing Date: 19-03-2022
    
    Date: 19-03-2022
    Business: Court is on leave, Hence board is discharged.
    Next Purpose: REJOINDER
    Next Hearing Date: 21-04-2022
    
    Date: 21-04-2022
    Business: CORAM - H.H.J. SHRI KISHORE  M. JAISWAL (C.R. 01)
    (Matter pertains to Court Room no.3)
    Adv. Bhakti Sutar for plaintiff present.
    Earlier order if any, to continue.
    Matter stands adjourned to 07.07.2022 for rejoinder.
                                                                                         I/c Judge
    Next Purpose: REJOINDER
    Next Hearing Date: 07-07-2022
    
    Date: 07-07-2022
    Business: Adv. Ganesh Jadhav for defendant present.
    Advocate for plaintiff has not appeared in proper dress code hence, her presence is not taken on record.
    Matter stands adjourned to 04.08.2022 for rejoinder/NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-08-2022
    
    Date: 04-08-2022
    Business: Adv. Sonali Punekar for plaintiff present.  She is seeking time for filing rejoinder and compilation. Time granted.
    Defendant a/w Adv. Kavita Kurwar present.
    Matter stands adjourned to 23.09.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-09-2022
    
    Date: 23-09-2022
    Business: Court is on Leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-11-2022
    
    Date: 07-11-2022
    Business: Court is on leave
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-12-2022
    
    Date: 22-12-2022
    Business: Adv. Bhavika Shinde for plaintiff present. She tendered rejoinder to reply of plaintiff in NM No.4466/19. TOR. Copy served upon defendant.
    Adv. Ganesh Jadhav for defendant present.
    K.B.
    Later on called out at 4.22 p.m.
    Adv. Sonali Kunekar for plaintiff present.
    Adv. Ganesh Jadhav for defendant present.
    Advocate for plaintiff is seeking time to argue on NM No.4466/19. Time granted.
    Heard NM No.4466/19.
    Matter stands adjourned to 12.01.2023 for further argument
    (p.h)/order.
    Next Purpose: NM HIGH ON BOARD
    Next Hearing Date: 12-01-2023
    
    Date: 12-01-2023
    Business: Court is on Leave.
    Next Purpose: NM HIGH ON BOARD
    Next Hearing Date: 04-02-2023
    
    Date: 04-02-2023
    Business: None for plaintiff.
    Adv. Ganesh Jadhav for defendant present.
    Heard the advocate of defendant.
    K.B.
    Later on at 4.06 p.m.
    Adv. Sonali Kunekar for plaintiff present. She is seeking time to argue on the motion. Time granted.
    Later on at 4.25 p.m.
    Adv. Ganesh Jadhav for defendant present. Advocate for defendant requested that last chance be given for argument on NM to plaintiff. O- Time granted as last chance.
    Matter stands adjourned on 08.03.2023 for NM hearing P.H.
    Next Purpose: NM HIGH ON BOARD
    Next Hearing Date: 08-03-2023
    
    Date: 08-03-2023
    Business: Adv. Sinead Remedias H/f Adv. Sonali Kunekar for plaintiff present.
    Adv. Ganesh Jadhav for defendant present.
    Plaintiff seeking time for argument. However, last chance is granted on last date. Hence, request rejected. Put up for order.
    The advocate of plaintiff requested to keep back the matter for argument.
    K.B.
    Later on at 4.27 p.m.
    None present for plaintiff.
    Adv. Ganesh Jadhav for defendant present.
    Matter stands adjourned on 01.04.2023 for NM order.
    Next Purpose: NM HIGH ON BOARD
    Next Hearing Date: 01-04-2023
    
    Date: 01-04-2023
    Business: Plaintiff in person present.
    Defendant a/w Adv. Ganesh Jadhav for present.
    K.B.
    Later on at 3.53 p.m.
    Adv. Sonali Kunekar for plaintiff present. She tendered compilation of document. TOR.
    Defendant a/w Adv. Ganesh Jadhav for present.
    FRSR following order is passed
    1.  Notice of Motion No.4466 of 2019 in Suit No.2735 of 2019, is  hereby dismissed.
    2.  Notice of Motion is disposed of accordingly.
    Matter stands adjourned on 15.06.2023 for WS.
    Nature Of Disposal: DISMISSED
    Disposal Date: 01-04-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 113055/2019
    Filing Date: 27-11-2019
    First Hearing Date: 27th November 2019
    Decision Date: 01st April 2023
    Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    01 Apr 2023

    Order Details: Notice of Motion Pdf Text: ..1.. IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI NOTICE OF MOTION NO.4466 OF 2019 (CNR NO.MHCC010122252019) IN S. C. SUIT NO.2735 OF 2019 Varsha Mahesh Patel )..Plaintiff V/s. Gajanan Bhalchandra Worlikar )..Defendant Appearances : Ld. Adv. Sonali Punekar for plaintiff. Ld. Adv. Ganesh Jadhav for defendant. CORAM : HIS HONOUR JUDGE SHAIKH AKBAR SHAIKH JAFAR COURT ROOM NO.03 DATE : 01/04/2023. ORDER 1 This notice of motion is taken out by…

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