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NOTICE OF MOTION

Mr. Sanjay Chandrakant Salagre St. No. 12819 of 2019VsMr. Abhay Chandrakant Salagre

CNR MHCC0101276520192-COURT 02 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 19th October 2024

TrustJury record updated 24 Sept 2026

Case Overview

Registration Number
104669/2019
Registration Date
06 Dec 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: 20-12-2019
    Business: Adv. Kate for plaintiff present.
    He tendered resisted NM 466/19 t.o.r.
    He also filed affidavit of service.
    Notice of Motion is not served.
    Plaintiff is directed to take steps for service, meanwhile plaintiff is directed to remove office objection.
    Adjourned to 29.01.2020 for NM reply.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 29-01-2020
    
    Date: 29-01-2020
    Business: Adv. Kate for plaintiff present.
    Service of NM upon defendant through bailiff is allowed.
    Adjourned for service to 2.03.2020
    Next Purpose: SERVICE
    Next Hearing Date: 02-03-2020
    
    Date: 02-03-2020
    Business: Adv Ghate for plff present.
    He seeks time to file affidavit of service.  Granted.
    Matter stands Adj for affidavit of service to 02/04/2020.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 02-04-2020
    
    Date: 02-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 24-04-2020
    
    Date: 24-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 04-06-2020
    
    Date: 04-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 22-06-2020
    
    Date: 22-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 05-10-2020
    
    Date: 05-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 08-12-2020
    
    Date: 08-12-2020
    Business: None present.
    Matter stands Adj for affidavit of service to 05/02/2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 05-02-2021
    
    Date: 05-02-2021
    Business: Adv Amit Kate for plff present.
    He tendered registered NM 4669/2019. t.o.r.
    Adv Sachin Dere appeared for deft and undertakes to file VP and reply to NM 4669/2019 on next date.
    Matter stands Adj for NM Reply to 10/03/2021.
    Next Purpose: REPLY
    Next Hearing Date: 10-03-2021
    
    Date: 10-03-2021
    Business: Adv Amit Kate for plff present.
    Adv Sachin Dhere appeared for deft.
    Exh 02 - He filed VP for deft. t.o.r.
    He seeks time to file reply.
    With consent of both parties, matter stands Adj for NM Reply to 20/04/2021.
    Next Purpose: REPLY
    Next Hearing Date: 20-04-2021
    
    Date: 20-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPLY
    Next Hearing Date: 05-07-2021
    
    Date: 05-07-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPLY
    Next Hearing Date: 20-08-2021
    
    Date: 20-08-2021
    Business: P. O. is on Leave.
    Next Purpose: REPLY
    Next Hearing Date: 13-10-2021
    
    Date: 13-10-2021
    Business: None for plff.
    Adv Pooja Sawle for deft present.
    She seeks time to file NM reply on the ground that Adv on record is out of station.  Granted.
    Matter stands Adj for NM Reply and WS to 30/11/2021.
    Next Purpose: REPLY
    Next Hearing Date: 30-11-2021
    
    Date: 30-11-2021
    Business: Adv Amit Kate for plff present.
    Adv Pooja Sawale for deft present.
    She seeks time to file NM reply.  Granted.
    Adv for plff is directed to register the suit.
    Matter stands Adj for NM Reply to 25/01/2022.
    Next Purpose: REPLY
    Next Hearing Date: 25-01-2022
    
    Date: 25-01-2022
    Business: Due to Covid-19 Matter is adjd to
    Next Purpose: REPLY
    Next Hearing Date: 19-03-2022
    
    Date: 19-03-2022
    Business: Adv. Amit Kate for plaintiff present.
    Adv. Sachin Dere for defendant present.
    He tendered draft NM @ affidavit and WS.  Leave to resister  granted. Copy of draft NM and WS given to advocate for plaintiff. Plaintiff to register the suit before next date.
    Heard advocate for plaintiff and defendant.
    	Perused prayer clause (a) of the plaint.  Plaintiff is seeking leave under order 2 , rule 2 of the CPC on the ground that plaintiff wants to file substantive suit for declaration of ownership and other consequential relief.   In prayer clause (b) of plaint, plaintiff already claimed declaration that the defendant has no right to create third party interest in the suit gala.  Under the circumstance, leave under order2, rule II of the CPC is refused.  However the plaintiff is as liberty to amend the suit whenever required.
    	Advocate for plaintiff submitted that he has no objection to condon the delay and take Written Statement of the defendant on the record.  Hence following order is passed on Draft NM (               /22) :-
    1) 	Draft NM (           /2022) is allowed.
    2) 	Written Statement of defendant is taken on record and 	marked as Exh. 03.
    3)	Defendant to register draft NM for statistical purpose.
    	Heard advocate for both parties on interim relief in terms of prayer clause(a) of NM No. 4669/2019.  Admittedly defendant in possession of the suit gala.  Plaintiff filed the suit for the declaration that defendant has no right to create third party in the suit gala. Advocate for defendant conceded that defendant is not going to create third party interest in the suit gala.  Under the circumstances, no prejudice will be cause to the defendant, if interim relief granted till next date.  Hence interim relief in term of prayer clause (a) of NM no.4669/2019 is granted till next date.
    Matter stands Adj for NM hearing  to 12/04/2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-04-2022
    
    Date: 12-04-2022
    Business: Adv Amit Kathe for plff present.
    Adv Sachin Dere for deft present.
    He filed RP 80/2022. t.o.r.  Copy given to Adv for plff.
    Both parties submitted that matter is likely to be settled out of the court and ready to appear before Lok-adalat held on 07/05/2022.
    Matter stands Adj for Report of Lok-adalat to 14/06/2022.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 07-05-2022
    
    Date: 07-05-2022
    Business: Both parties are absent.
    Matter is not settled.
    Case is adjourned to 15.06.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-06-2022
    
    Date: 15-06-2022
    Business: alredy adjd to 28/07/2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-07-2022
    
    Date: 15-06-2022
    Business: alredy adjd to 28/07/2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-07-2022
    
    Date: 15-06-2022
    Business: alredy adjd to 28/07/2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-07-2022
    
    Date: 28-07-2022
    Business: Adv. Amit Kate for plaintiff present.
    Adv. Sachin Dherekar  for defendant present.
    On the request of parties suit is kept in Lok-adalat to be held on 13/08/2022.
    Matter is adjd for settlement to 13/08/2022.
    Next Purpose: SETTLEMENT
    Next Hearing Date: 13-08-2022
    
    Date: 28-07-2022
    Business: Adv. Amit Kate for plaintiff present.
    Adv. Sachin Dherekar  for defendant present.
    On the request of parties suit is kept in Lok-adalat to be held on 13/08/2022.
    Matter is adjd for settlement to 13/08/2022.
    Next Purpose: SETTLEMENT
    Next Hearing Date: 13-08-2022
    
    Date: 28-07-2022
    Business: Adv. Amit Kate for plaintiff present.
    Adv. Sachin Dherekar  for defendant present.
    On the request of parties suit is kept in Lok-adalat to be held on 13/08/2022.
    Matter is adjd for settlement to 13/08/2022.
    Next Purpose: SETTLEMENT
    Next Hearing Date: 13-08-2022
    
    Date: 13-08-2022
    Business: Matter pertains to C.R.No.2.
    Adv. Amit Kate for plaintiff is present.
    None present for defendant.
    Matter adjd to 03.10.2022.
    Next Purpose: FOR___________________
    Next Hearing Date: 03-10-2022
    
    Date: 03-10-2022
    Business: Adv. Amit Kate for plaintiff present.
    He seek time to file reply to RP. Time granted as last chance.
    None for defendant.
    Earlier order to continue till next date.
    Parties are directed to give CTS number of suit property.
    Matter is adjd for n/m hearing and reply to  16/11/2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-10-2022
    
    Date: 03-10-2022
    Business: Adv. Amit Kate for plaintiff present.
    He seek time to file reply to RP. Time granted as last chance.
    None for defendant.
    Earlier order to continue till next date.
    Parties are directed to give CTS number of suit property.
    Matter is adjd for n/m hearing and reply to  16/11/2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-10-2022
    
    Date: 20-10-2022
    Business: (NOB TOB  for placing the matter before National Lok-Adalat will be held on 12/11/2022.)
    Matter is referred to National Lok-Adalat as there is a possibility of settlement in the Matter. Both parties are directed to remain present before National Lok-Adalat to be held on 12/11/2022 at 10.00 a.m.
    Issue notice to both parties to remain present before Naional-Lok-Adalat.
    Matter is adj. to 12/11/2022 for National Lok-Adalat.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-11-2022
    
    Date: 12-11-2022
    Business: Both the parties and their advocates are absent.
    Adjourned to 16.11.2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-11-2022
    
    Date: 12-11-2022
    Business: Both the parties and their advocates are absent.
    Adjourned to 16.11.2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-11-2022
    
    Date: 16-11-2022
    Business: Both parties and their advocate are absent.
    Parties are directed to give CTS number of suit property.
    Matter is adjd for  hearing to 18/01/2023.
    L. O.
    Adv. Amit kate for plaintiff present.
    Plaintiff present.
    Adv. Akshay Pawar for defendant present.
    Earlier order to continue till next date.
    Already adjd to 18/01/2023 for hearing.
    Next Purpose: HEARING
    Next Hearing Date: 18-01-2023
    
    Date: 18-01-2023
    Business: PO is on leave.
    Next Purpose: HEARING
    Next Hearing Date: 14-03-2023
    
    Date: 18-01-2023
    Business: PO is on leave.
    Next Purpose: HEARING
    Next Hearing Date: 14-03-2023
    
    Date: 18-01-2023
    Business: PO is on leave.
    Next Purpose: HEARING
    Next Hearing Date: 14-03-2023
    
    Date: 14-03-2023
    Business: Both parties and their advocate are absent.
    Earlier order to continue till next date as last chance.
    Matter adjourned for hearing to 21/06/2023.
    Next Purpose: HEARING
    Next Hearing Date: 21-06-2023
    
    Date: 14-03-2023
    Business: Both parties and their advocate are absent.
    Earlier order to continue till next date as last chance.
    Matter adjourned for hearing to 21/06/2023.
    Next Purpose: HEARING
    Next Hearing Date: 21-06-2023
    
    Date: 21-06-2023
    Business: As PO is on leave, board discharged and matter is adjourned.
    Next Purpose: HEARING
    Next Hearing Date: 05-08-2023
    
    Date: 21-06-2023
    Business: As PO is on leave, board discharged and matter is adjourned.
    Next Purpose: HEARING
    Next Hearing Date: 05-08-2023
    
    Date: 05-08-2023
    Business: Advocate Mr. Sachin Dherekar for defendant present.
    Plaintiff and advocate absent.
    Earlier order, if any to be continued till next date.
    Matter adjourned for hearing on 11.09.2023.
    Next Purpose: HEARING
    Next Hearing Date: 11-09-2023
    
    Date: 05-08-2023
    Business: Advocate Mr. Sachin Dherekar for defendant present.
    Plaintiff and advocate absent.
    Earlier order, if any to be continued till next date.
    Matter adjourned for hearing on 11.09.2023.
    Next Purpose: HEARING
    Next Hearing Date: 11-09-2023
    
    Date: 05-08-2023
    Business: Advocate Mr. Sachin Dherekar for defendant present.
    Plaintiff and advocate absent.
    Earlier order, if any to be continued till next date.
    Matter adjourned for hearing on 11.09.2023.
    Next Purpose: HEARING
    Next Hearing Date: 11-09-2023
    
    Date: 11-09-2023
    Business: Advocate Mr. Sachin V. Dere for defendant present.
    Plaintiff and advocate absent. O- Last chance granted to plaintiff.
    Matter adjourned for hearing on 19.10.2023.
    Next Purpose: HEARING
    Next Hearing Date: 19-10-2023
    
    Date: 11-09-2023
    Business: Advocate Mr. Sachin V. Dere for defendant present.
    Plaintiff and advocate absent. O- Last chance granted to plaintiff.
    Matter adjourned for hearing on 19.10.2023.
    Next Purpose: HEARING
    Next Hearing Date: 19-10-2023
    
    Date: 11-09-2023
    Business: Advocate Mr. Sachin V. Dere for defendant present.
    Plaintiff and advocate absent. O- Last chance granted to plaintiff.
    Matter adjourned for hearing on 19.10.2023.
    Next Purpose: HEARING
    Next Hearing Date: 19-10-2023
    
    Date: 19-10-2023
    Business: P. O. is on leave
    Next Purpose: HEARING
    Next Hearing Date: 04-12-2023
    
    Date: 19-10-2023
    Business: P. O. is on leave
    Next Purpose: HEARING
    Next Hearing Date: 04-12-2023
    
    Date: 04-12-2023
    Business: Advocate Mr. Sachin Dhere for defendant present.
    Plaintiff and advocate absent.
    Matter adjourned for hearing on 23.01.2024.
    Next Purpose: HEARING
    Next Hearing Date: 23-01-2024
    
    Date: 23-01-2024
    Business: Both parties and advocates are absent.
    Matter adjourned for hearing on 14.02.2024.
    Next Purpose: HEARING
    Next Hearing Date: 14-02-2024
    
    Date: 23-01-2024
    Business: Both parties and advocates are absent.
    Matter adjourned for hearing on 14.02.2024.
    Next Purpose: HEARING
    Next Hearing Date: 14-02-2024
    
    Date: 14-02-2024
    Business: Plaintiff and advocate absent.
    Advocate Mr. Akshay Pawar h.f. Advocate Sachin Dhere for defendant present.
    O- Last chance granted.
    Matter adjourned for hearing on 30.03.2024.
    Next Purpose: HEARING
    Next Hearing Date: 30-03-2024
    
    Date: 14-02-2024
    Business: Plaintiff and advocate absent.
    Advocate Mr. Akshay Pawar h.f. Advocate Sachin Dhere for defendant present.
    O- Last chance granted.
    Matter adjourned for hearing on 30.03.2024.
    Next Purpose: HEARING
    Next Hearing Date: 30-03-2024
    
    Date: 14-02-2024
    Business: Plaintiff and advocate absent.
    Advocate Mr. Akshay Pawar h.f. Advocate Sachin Dhere for defendant present.
    O- Last chance granted.
    Matter adjourned for hearing on 30.03.2024.
    Next Purpose: HEARING
    Next Hearing Date: 30-03-2024
    
    Date: 30-03-2024
    Business: Plaintiff and advocate absent.
    Advocate Mr. Akshay Pawar h.f. Advocate Sachin Dhere for defendant present.
    Matter adjourned for hearing on 29.04.2024.
    Next Purpose: HEARING
    Next Hearing Date: 29-04-2024
    
    Date: 30-03-2024
    Business: Plaintiff and advocate absent.
    Advocate Mr. Akshay Pawar h.f. Advocate Sachin Dhere for defendant present.
    Matter adjourned for hearing on 29.04.2024.
    Next Purpose: HEARING
    Next Hearing Date: 29-04-2024
    
    Date: 30-03-2024
    Business: Plaintiff and advocate absent.
    Advocate Mr. Akshay Pawar h.f. Advocate Sachin Dhere for defendant present.
    Matter adjourned for hearing on 29.04.2024.
    Next Purpose: HEARING
    Next Hearing Date: 29-04-2024
    
    Date: 29-04-2024
    Business: Plaintiff absent.
    Advocate Mr. Akshay Pawar h.f. Advocate Sachin Dhere for defendant present.
    Matter adjourned for hearing on 06.07.2024.
    Next Purpose: HEARING
    Next Hearing Date: 06-07-2024
    
    Date: 29-04-2024
    Business: Plaintiff absent.
    Advocate Mr. Akshay Pawar h.f. Advocate Sachin Dhere for defendant present.
    Matter adjourned for hearing on 06.07.2024.
    Next Purpose: HEARING
    Next Hearing Date: 06-07-2024
    
    Date: 29-04-2024
    Business: Plaintiff absent.
    Advocate Mr. Akshay Pawar h.f. Advocate Sachin Dhere for defendant present.
    Matter adjourned for hearing on 06.07.2024.
    Next Purpose: HEARING
    Next Hearing Date: 06-07-2024
    
    Date: 06-07-2024
    Business: Advocate Sachin V. Dere a/w Akshay Pawar for defendant present.
    Plaintiff and advocate absent.
    The record shows that matter is pending for the NM as well as Review Petition. However the plaintiff and his advocates are absent since 14.03.2023. It shows that the plaintiff is not interested to conduct his NM as well as to proceed the suit. As a result the defendant has submitted application for dismissal of the suit for want of prosecution. However, for the ends of justice one more chance is given to be plaintiff.
    Matter is adjourned for hearing on 17.08.2024.
    Next Purpose: HEARING
    Next Hearing Date: 17-08-2024
    
    Date: 06-07-2024
    Business: Advocate Sachin V. Dere a/w Akshay Pawar for defendant present.
    Plaintiff and advocate absent.
    The record shows that matter is pending for the NM as well as Review Petition. However the plaintiff and his advocates are absent since 14.03.2023. It shows that the plaintiff is not interested to conduct his NM as well as to proceed the suit. As a result the defendant has submitted application for dismissal of the suit for want of prosecution. However, for the ends of justice one more chance is given to be plaintiff.
    Matter is adjourned for hearing on 17.08.2024.
    Next Purpose: HEARING
    Next Hearing Date: 17-08-2024
    
    Date: 06-07-2024
    Business: Advocate Sachin V. Dere a/w Akshay Pawar for defendant present.
    Plaintiff and advocate absent.
    The record shows that matter is pending for the NM as well as Review Petition. However the plaintiff and his advocates are absent since 14.03.2023. It shows that the plaintiff is not interested to conduct his NM as well as to proceed the suit. As a result the defendant has submitted application for dismissal of the suit for want of prosecution. However, for the ends of justice one more chance is given to be plaintiff.
    Matter is adjourned for hearing on 17.08.2024.
    Next Purpose: HEARING
    Next Hearing Date: 17-08-2024
    
    Date: 17-08-2024
    Business: PO is on Leave
    Next Purpose: HEARING
    Next Hearing Date: 21-09-2024
    
    Date: 17-08-2024
    Business: PO is on Leave
    Next Purpose: HEARING
    Next Hearing Date: 21-09-2024
    
    Date: 17-08-2024
    Business: PO is on Leave
    Next Purpose: HEARING
    Next Hearing Date: 21-09-2024
    
    Date: 21-09-2024
    Business: Advocate Mr. Sachin V. Dere a/w Mrs. Sarika S. Dere a/w Mr. Akshay A. Pawar for defendants present.
    Plaintiff and advocate absent.
    The record shows that matter is pending for NM hearing since 12.04.2022. However the plaintiff has not taken any effective steps for the hearing. The roznama further reveals that the plaintiff is absent before this Court from 16.11.2022. It shows that the plaintiff is not interested to conduct the hearing of Notice of motion. For the ends of justice last chance is granted to plaintiff to make his submission. The plaintiff is hereby specifically directed to make his submission on Notice of motion on next date, otherwise Notice of motion will be dismissed for want of prosecution.
    Matter is adjourned for NM Dismissal on 19.10.2024.
    Next Purpose: DISMISSAL
    Next Hearing Date: 19-10-2024
    
    Date: 21-09-2024
    Business: Advocate Mr. Sachin V. Dere a/w Mrs. Sarika S. Dere a/w Mr. Akshay A. Pawar for defendants present.
    Plaintiff and advocate absent.
    The record shows that matter is pending for NM hearing since 12.04.2022. However the plaintiff has not taken any effective steps for the hearing. The roznama further reveals that the plaintiff is absent before this Court from 16.11.2022. It shows that the plaintiff is not interested to conduct the hearing of Notice of motion. For the ends of justice last chance is granted to plaintiff to make his submission. The plaintiff is hereby specifically directed to make his submission on Notice of motion on next date, otherwise Notice of motion will be dismissed for want of prosecution.
    Matter is adjourned for NM Dismissal on 19.10.2024.
    Next Purpose: DISMISSAL
    Next Hearing Date: 19-10-2024
    
    Date: 21-09-2024
    Business: Advocate Mr. Sachin V. Dere a/w Mrs. Sarika S. Dere a/w Mr. Akshay A. Pawar for defendants present.
    Plaintiff and advocate absent.
    The record shows that matter is pending for NM hearing since 12.04.2022. However the plaintiff has not taken any effective steps for the hearing. The roznama further reveals that the plaintiff is absent before this Court from 16.11.2022. It shows that the plaintiff is not interested to conduct the hearing of Notice of motion. For the ends of justice last chance is granted to plaintiff to make his submission. The plaintiff is hereby specifically directed to make his submission on Notice of motion on next date, otherwise Notice of motion will be dismissed for want of prosecution.
    Matter is adjourned for NM Dismissal on 19.10.2024.
    Next Purpose: DISMISSAL
    Next Hearing Date: 19-10-2024
    
    Date: 19-10-2024
    Business: Both parties and advocate absent.
    K.B.
    Adv. Sachin Dere with Mrs. Sarika S Dereand Mr. Akshay A. Pawar for defendant present.
    In view of order dated 21.09.2024 the NM 4669/2019 is dismissed for want of prosecution.
    Nature Of Disposal: DISMISSED
    Disposal Date: 19-10-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 113592/2019
    Filing Date: 06-12-2019
    First Hearing Date: 20th December 2019
    Decision Date: 19th October 2024
    Court Number And Judge: 2-COURT 02 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    19 Oct 2024
    Order Details: Other
    Pdf Text: Back
    Daily Status
    IN THE COURT OF :COURT 02 ADDL SESSIONS JUDGE
    Case No. :NOTICE OF MOTION/0104669/2019
    Mr. Sanjay Chandrakant Salagre St. No. 12819 of 2019 Vs Mr. Abhay Chandrakant Salagre
    Date : 19-10-2024
    Business : Both parties and advocate absent. K.B. Adv. Sachin Dere with
    Mrs. Sarika S Dereand Mr. Akshay A. Pawar for defendant
    present. In view of order dated 21.09.2024 the NM 4669/2019
    is dismissed for want of prosecution.
    Nature of Disposal : DISMISSED
    Disposal Date : 19-10-2024
    COURT 02 ADDL SESSIONS JUDGE
    -- 1 of 1 --

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