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NOTICE OF MOTION

Ashok Tukaram Sonawane and Ors.VsRamesh Tukaram Sonawane and Ors.

CNR MHCC01012901201962-COURT 62 AD-HOC ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 29th August 2024

TrustJury record updated 24 Sept 2026

Case Overview

Registration Number
104704/2019
Registration Date
09 Dec 2019

Advocates

2

For Petitioner

Parties

2

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec 9

Case History / Proceedings

Case History
Date: 28-01-2020
Business: P.O. is on Leave.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 17-03-2020

Date: 17-03-2020
Business: None present for Plaintiff.
Advocate Mr. Sanjay Kale for defendant no.2 present.
Advocate Mr. U. L. Shah for defendant no.1 present.
In view of circular of Hon\''ble Principal Judge in respect of Corona Virus, only urgent matters are to be heard, hence case is adjourned to 24/06/2020.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 24-06-2020

Date: 24-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 21-08-2020

Date: 21-08-2020
Business: Adjd. to 08.10.2020 due to Covid-19.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 08-10-2020

Date: 08-10-2020
Business: Notice of motion
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 16-12-2020

Date: 16-12-2020
Business: None present for Plaintiffs.
Advocate Mr. U. L. Shah for Defendant no.1 present.
Advocate Mr. S. P. Khale for Defendant no.2 present.
It seems that due to Corona pandemic, Plaintiff and his advocate are absent, hence case is adjourned to 27/01/2021 for filing Notice of Motion reply by Plaintiff to the Notice of Motion taken out by Defendant no.1.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-01-2021

Date: 27-01-2021
Business: None present for plff.
Adv Ms. Pooja Adsul for deft. No.1 present.
Adv Mr. Sanjay Khale for deft No.2 present.
None present for applicant in CS 167/2020.
As nobody is present for plaintiff, considering present pandemic condition matter is adjd. for NM reply and hearing to 05.03.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-03-2021

Date: 05-03-2021
Business: Plffs. Ashok and Shrikant are present with their ld. Adv.Ms. Sable h/f Adv Mr. Abhishek Samant Tukaram Sonawane
Deft No.Ramesh present with his Adv Mr. Shah .
Adv Mr. Sanjay Khale for deft No.2 present.
Advocate for the plffs seeks time to file reply to NM taken out by deft No.1. O- Granted till next date.
By consent, matter is adjd. for reply and hearing to 25.03.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-03-2021

Date: 25-03-2021
Business: Adv Smt.Suchitra Sable i/b. Abhishek Samant for plaintiff present and tendered registered CS No.167 of 2020 alongwith affidavit in support. She also filed reply in NM No.2385 of 2019 and 4704 of 2019. Copies served on the advocate for the other side.
Adv Shri U. L. Shah for deft No.1 present and submitted that he will file reply to CS on next date and he is ready for oral argument without reply today also if plaintiffs advocate is ready for argument.
None present for defendant Nos.2 and 3.
Plaintiffs to file affidavit of service of Chs. on defendant Nos.2 and 3.
Matter is adjd. for filing affidavit of service of Chs. to defendant Nos. 2 and 3 to 15.04.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 15-04-2021

Date: 15-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 12-07-2021

Date: 17-08-2021
Business: Adv Mr. Abhijit Samant for plff present.
Adv Mr. Shah for deft No.1 present and tendered registered NM No.4704/2019 along with affidavit in support.  He also filed affidavit in reply and further affidavit in reply of deft No.1 in N.M. No.1904/2019.
Heard arguments of both the sides.
Adv Mr.Khale for deft No.2 present.
Matter is adjd. for order in Ch/s to 25.08.2021.
Next Purpose: CH/S ORDERS
Next Hearing Date: 25-08-2021

Date: 25-08-2021
Business: Court is on leave.
Next Purpose: CH/S ORDERS
Next Hearing Date: 08-09-2021

Date: 25-08-2021
Business: Court is on leave.
Next Purpose: CH/S ORDERS
Next Hearing Date: 08-09-2021

Date: 25-08-2021
Business: Court is on leave.
Next Purpose: CH/S ORDERS
Next Hearing Date: 08-09-2021

Date: 25-08-2021
Business: Court is on leave.
Next Purpose: CH/S ORDERS
Next Hearing Date: 08-09-2021

Date: 25-08-2021
Business: Court is on leave.
Next Purpose: CH/S ORDERS
Next Hearing Date: 08-09-2021

Date: 08-09-2021
Business: Court is on leave.
Next Purpose: CH/S ORDERS
Next Hearing Date: 29-09-2021

Date: 08-09-2021
Business: Court is on leave.
Next Purpose: CH/S ORDERS
Next Hearing Date: 29-09-2021

Date: 08-09-2021
Business: Court is on leave.
Next Purpose: CH/S ORDERS
Next Hearing Date: 29-09-2021

Date: 08-09-2021
Business: Court is on leave.
Next Purpose: CH/S ORDERS
Next Hearing Date: 29-09-2021

Date: 08-09-2021
Business: Court is on leave.
Next Purpose: CH/S ORDERS
Next Hearing Date: 29-09-2021

Date: 29-09-2021
Business: Court is on Leave.
Next Purpose: CH/S ORDERS
Next Hearing Date: 11-10-2021

Date: 11-10-2021
Business: Adv Mr. U.L.Shah for deft No.1 present and mentioned the matter in the morning session. He submitted that argument in Ch/s No.167/2020 is already heard by this Court and he has already filed case laws in support of his argument.
Matter kept back for order in Ch/s No.167/2020.
L.O. at 3.45 p.m.
Adv Mr. Abhijit Samant for plff present.
None present for defts.
K.B. for order.
L.O.at 4.55 p.m.
Adv Mr. Abhijit Samant for plff present.
None present for defts.
F.R.S.R.following order is passed in Ch/s No.167/2020.
                   ORDER
     Chamber Summons No.167 of 2020 is allowed in terms of its prayer clause ‘a’ and ‘b’.
    Amendment as per the Schedule be carried out within two weeks from today.
                         ----
Matter is adjd. for compliance to 06.12.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 06-12-2021

Date: 06-12-2021
Business: Adv Mr. Abhijit Sawant present for plff. and filed draft Ch/s along with affidavit in support for bringing on record his HLRs. O- Leave to register is granted with direction to serve the defts.
Adv Mr. Shah present for deft.No.2.
By consent, Matter is adjd. for Ch/s reply to 28.01.2022.
Judge
Next Purpose: C/S REPLY
Next Hearing Date: 28-01-2022

Date: 28-01-2022
Business: Clerk Rahul More of Adv. Abhishek Sawant for the plaintiff is present and tendered registered Chamber summons No.1807 of 2021 alongwith affidavit in support. He also filed affidavit of service of Chamber Summons.
None present for deft.
Adjourned for Chamber Summons reply to 06/04/2022.
Judge
Next Purpose: C/S REPLY
Next Hearing Date: 06-04-2022

Date: 06-04-2022
Business: Adv Mr. Mahendra Mare present for plff.
Adv Mr. U.L. Shah present for deft.1 and seeks time to file reply to  Ch/s No.1807/2021.
None present for other defts.
By consent, matter is adjd. for Ch/s reply to 24.06.2022.
Next Purpose: C/S REPLY
Next Hearing Date: 24-06-2022

Date: 24-06-2022
Business: Court on leave
Next Purpose: C/S REPLY
Next Hearing Date: 28-07-2022

Date: 24-06-2022
Business: Court on leave
Next Purpose: C/S REPLY
Next Hearing Date: 28-07-2022

Date: 28-07-2022
Business: Adv. Abhishak Samant for plaintiffs present.
Adv. Pooja D. Asud for Def. no. 1 & 2 present.
no reply filed by the defendants in Ch/s. oral request of Def. No 1 & 2 rejected Ch/s. to proceed without reply heard the ld. Adv. for the plaintiff in ch/s.  adjd to 06.09.2022  for Argument & order.
Next Purpose: C/S REPLY
Next Hearing Date: 06-09-2022

Date: 06-09-2022
Business: Adv.Abhishek Sawant for plaintiff present.
Adv.U.N.Shah for deft.No.1 present.
Adv.Sanjay Khare for deft.No.2 present.
Heard Deft.No.1 and 2 and plaintiff in Ch/s.1807/21.
F.R.S.R. the following order is passed
ORDER
1. Chamber Summons No.1807/2021 is allowed in terms of prayer clause (a) of Chamber Summons.
2. The plaintiffs are allowed to carry out amendment in the plaint and add the name of legal heirs of plaintiff No.3 as per Schedule attached with Chamber Summons.
3. After compliance of carrying out the amendment, copy of amended plaint shall be served on the defendants.
4. Costs shall follow the event.
5. Chamber Summons is disposed of accordingly.
Matter adjd to 09.11.2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 09-11-2022

Date: 09-11-2022
Business: Adv.Prashant Kambli for plaintiff present.
Adv.Pooja Adsul for deft.No.1 present.
Adv.Khare for deft.No.2 present.
Plaintiff served the amended copy of the plaint on defendant No.1 and 2 today.
Matter adj. to 24.01.2023 for service affidavit in respect of deft.No.3/additional written statement if any.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 24-01-2023

Date: 09-11-2022
Business: Adv.Prashant Kambli for plaintiff present.
Adv.Pooja Adsul for deft.No.1 present.
Adv.Khare for deft.No.2 present.
Plaintiff served the amended copy of the plaint on defendant No.1 and 2 today.
Matter adj. to 24.01.2023 for service affidavit in respect of deft.No.3/additional written statement if any.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 24-01-2023

Date: 24-01-2023
Business: None present for plaintiff.
Adv U.L. Shah for defendant no.1 is present and tendered additional WS of defendant no.1 t.o.r., marked as Exh.06.
Adv Sanjay Khale for defendant no.2 is present and filed pursis adopting the additional WS of defendant no.1 as additional WS of defendant no.2 t.o.r., marked as Exh.07.
Copy of Additional WS Exh.06 and adoption pursis Exh.07 kept on record for furnishing to same for plaintiff.
Heard defendant no.2 in NM no. 2385/19.
None present for plaintiff. No argument of plaintiff in NM no. 2385/19.
The Adv for defendant no.2 filed WS of defendant no.2 it is kept under consideration after decision NM 2385/19.
copy of WS of defendant no.2 is kept on record for furnishing to same for plaintiff.
Matter adj. to 01-03-2023 for order on NM no. 2385/19
Next Purpose: NM  ORDERS
Next Hearing Date: 01-03-2023

Date: 24-01-2023
Business: None present for plaintiff.
Adv U.L. Shah for defendant no.1 is present and tendered additional WS of defendant no.1 t.o.r., marked as Exh.06.
Adv Sanjay Khale for defendant no.2 is present and filed pursis adopting the additional WS of defendant no.1 as additional WS of defendant no.2 t.o.r., marked as Exh.07.
Copy of Additional WS Exh.06 and adoption pursis Exh.07 kept on record for furnishing to same for plaintiff.
Heard defendant no.2 in NM no. 2385/19.
None present for plaintiff. No argument of plaintiff in NM no. 2385/19.
The Adv for defendant no.2 filed WS of defendant no.2 it is kept under consideration after decision NM 2385/19.
copy of WS of defendant no.2 is kept on record for furnishing to same for plaintiff.
Matter adj. to 01-03-2023 for order on NM no. 2385/19
Next Purpose: NM  ORDERS
Next Hearing Date: 01-03-2023

Date: 24-01-2023
Business: None present for plaintiff.
Adv U.L. Shah for defendant no.1 is present and tendered additional WS of defendant no.1 t.o.r., marked as Exh.06.
Adv Sanjay Khale for defendant no.2 is present and filed pursis adopting the additional WS of defendant no.1 as additional WS of defendant no.2 t.o.r., marked as Exh.07.
Copy of Additional WS Exh.06 and adoption pursis Exh.07 kept on record for furnishing to same for plaintiff.
Heard defendant no.2 in NM no. 2385/19.
None present for plaintiff. No argument of plaintiff in NM no. 2385/19.
The Adv for defendant no.2 filed WS of defendant no.2 it is kept under consideration after decision NM 2385/19.
copy of WS of defendant no.2 is kept on record for furnishing to same for plaintiff.
Matter adj. to 01-03-2023 for order on NM no. 2385/19
Next Purpose: NM  ORDERS
Next Hearing Date: 01-03-2023

Date: 24-01-2023
Business: None present for plaintiff.
Adv U.L. Shah for defendant no.1 is present and tendered additional WS of defendant no.1 t.o.r., marked as Exh.06.
Adv Sanjay Khale for defendant no.2 is present and filed pursis adopting the additional WS of defendant no.1 as additional WS of defendant no.2 t.o.r., marked as Exh.07.
Copy of Additional WS Exh.06 and adoption pursis Exh.07 kept on record for furnishing to same for plaintiff.
Heard defendant no.2 in NM no. 2385/19.
None present for plaintiff. No argument of plaintiff in NM no. 2385/19.
The Adv for defendant no.2 filed WS of defendant no.2 it is kept under consideration after decision NM 2385/19.
copy of WS of defendant no.2 is kept on record for furnishing to same for plaintiff.
Matter adj. to 01-03-2023 for order on NM no. 2385/19
Next Purpose: NM  ORDERS
Next Hearing Date: 01-03-2023

Date: 01-03-2023

Date: 12-04-2023
Business: Adv.Prashant Kambli h/f.Adv.Samant for plaintiff present.
Adv.U.L. Shah for defendant No.1 present.
Adv.Sanjay Khale for defendant No.2 present.
       Defendant No.2 complied with the order as to payment of costs of Rs.1,000/- as order in NM 2385/2019.
Written statement of defendant No.2 is t.o.r. and marked as Exh.8. Copy of WS received by Adv.for plaintiff.
Matter adjd to 05.07.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-07-2023

Date: 05-07-2023
Business: Adv. Gaurav Sansare for plaintiff present.
Adv. Pooja Adsul for defendants no. 1 and 2 present.
As Court is busy in dictating order in suit no. 984/23 and V.C. in suit no. 1233/17. Hence, matter is adjourned.
Matter is adjd.to 22-08-2023 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-08-2023

Date: 22-08-2023
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-09-2023

Date: 22-08-2023
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-09-2023

Date: 22-08-2023
Business: Adv. Gaurav Sansare for plaintiff present.
Adv. U. L. Shah for defendant no. 1 present.
Matter is adjd.to  29-09-2023 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-09-2023

Date: 29-09-2023
Business: Plaintiff in person present and requested time for NM Hearing.
Adv. U. L. Shah for defendant no. 1 present.
Adv. Sanjay Kholi for defendant no. 2 present.
Matter is adjd.to 20-10-2023 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-10-2023

Date: 20-10-2023
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-11-2023

Date: 30-11-2023
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-01-2024

Date: 30-11-2023
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-01-2024

Date: 30-11-2023
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-01-2024

Date: 16-01-2024
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-02-2024

Date: 16-01-2024
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-02-2024

Date: 27-02-2024
Business: Adv. Monish Vig a/w plaintiff present.
Adv. Pooja Arsud for defendant no. 1 present and filed written argument  it is taken on record and marked as Exh.9
Adv. Sanjay Khale for defendant present.
Matter is adjourned to 28-03-2024 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-03-2024

Date: 28-03-2024
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-04-2024

Date: 28-03-2024
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-04-2024

Date: 28-03-2024
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-04-2024

Date: 22-04-2024
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-06-2024

Date: 22-04-2024
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-06-2024

Date: 22-04-2024
Business: Adv. Swapnil Mhatre for plaintiff present.
Adv. U. L. Shah for defendant no. 1 present.
Adv. Sanjay Khale for defendant no. 2 present.
By consent matter   is adjourned to 25-06-2024 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-06-2024

Date: 25-06-2024
Business: None for plaintiff.
Adv.  U. L. Shah  for defendant no.  1 present.
Adv.  Sanjay Khare for defendant no. 2  present.
Matter is adjourned to 06-08-2024 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-08-2024

Date: 06-08-2024
Business: CORAM - H.H.J. SHRI. R. S. ARADHYE -(C.R.NO.62)
Adv.Swapnil Mhatre i/b Adv.Manish Vig for plaintiff present.
Adv.U.L. Shah for defendant No.1 present.
Adv.Sanjay Khale for defendant No.2 present.
Matter is adj to 20/08/2024 for argument on N/M.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-08-2024

Date: 06-08-2024
Business: CORAM - H.H.J. SHRI. R. S. ARADHYE -(C.R.NO.62)
Adv.Swapnil Mhatre i/b Adv.Manish Vig for plaintiff present.
Adv.U.L. Shah for defendant No.1 present.
Adv.Sanjay Khale for defendant No.2 present.
Matter is adj to 20/08/2024 for argument on N/M.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-08-2024

Date: 06-08-2024
Business: CORAM - H.H.J. SHRI. R. S. ARADHYE -(C.R.NO.62)
Adv.Swapnil Mhatre i/b Adv.Manish Vig for plaintiff present.
Adv.U.L. Shah for defendant No.1 present.
Adv.Sanjay Khale for defendant No.2 present.
Matter is adj to 20/08/2024 for argument on N/M.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-08-2024

Date: 20-08-2024
Business: Adv. Monish Vig for plaintiff present and tendered draft NM alongwith affidavit in support.
Adv. U.L.Shah for defendant No.1 present.
Adv. Kale for defendant No.1 present.
Matter is adjourned to 29-08-2024 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-08-2024

Date: 20-08-2024
Business: Adv. Monish Vig for plaintiff present and tendered draft NM alongwith affidavit in support.
Adv. U.L.Shah for defendant No.1 present.
Adv. Kale for defendant No.1 present.
Matter is adjourned to 29-08-2024 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-08-2024

Date: 20-08-2024
Business: Adv. Monish Vig for plaintiff present and tendered draft NM alongwith affidavit in support.
Adv. U.L.Shah for defendant No.1 present.
Adv. Kale for defendant No.1 present.
Matter is adjourned to 29-08-2024 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-08-2024

Date: 29-08-2024
Business: None for plaintiff.
Adv. U. N. Shah for defendant No. 1 present and filed reply in NM No. 3630/24. It is taken on record and marked as Exh. 10.
k.b.
Later on 3.30 pm.
Adv. Monish alongwith plaintiff present and tendered registered NM 3630/24 alongwith affidavit in support.
Adv. Sanjay Khale for defendant no 2 present.
F.R.S.R. following order is passed in NM No. 3630 of 2024.
Order
1. NM No. 3630 of 2024 is allowed.
2. Permission for withdrawal of suit without granting liberty to file fresh suit is granted to the plaintiffs.
3. NM No. 3630 of 2024 is accordingly disposed of.
ORDER BELOW Exh. 1
In view of order passed in Notice of Motion No. 3630 of 2024 dtd. 29-08-2024 permission for withdrawal of suit without  liberty to file fresh suit, is granted to the plaintiffs therefore in the result I passed following order.
 Order
1. Suit No. 349 of 2019 is hereby dismissed cum withdrawn for want of prosecution.
2. In view of withdrawal of suit, NM No. 1904/19 and
NM No. 4704/19 does not survive so it is accordingly disposed of.
3. No order as to cost.
4. Bill of costs be drawn accordingly.
Nature Of Disposal: WITHDRAWL
Disposal Date: 29-08-2024

Additional Case Details

Additional Case Details
Filing Number: 113626/2019
Filing Date: 09-12-2019
First Hearing Date: 28th January 2020
Decision Date: 29th August 2024
Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE

Orders

1
Final Order 1Full order available
29 Aug 2024

Order Details: Notice of Motion Pdf Text: IN THE COURT OF :COURT 62 ADDL SESSIONS JUDGE Case No. :NOTICE OF MOTION/0104704/2019 Ashok Tukaram Sonawane and Ors. Vs Ramesh Tukaram Sonawane and Ors. Date : 29-08-2024 Business : None for plaintiff. Adv. U. N. Shah for defendant No. 1 present and filed reply in NM No. 3630/24. It is taken on record and marked as Exh. 10. k.b. Later on 3.30 pm. Adv. Monish alongwith plaintiff present and tendered registered NM…

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