NOTICE OF MOTION
Awadhnarayan B. Upadhyay - Applicant - Gulabchand Awadhnarayan UpadhyayVsAllauddin Kasam Mahesaniya
CNR MHCC0101296320191-COURT 01 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
PENDING
TrustJury record updated 24 Sept 2026
Case Overview
- Registration Number
- 104742/2019
- Registration Date
- 10 Dec 2019
- Next Hearing Date
- 28 Sept 2026
- Case Stage
- NM FOR HEARING
Advocates
1For Petitioner
For Respondent
Not available
Parties
2Acts & Sections
1Protection of Women from Domestic Violence Act · Sec 9
Case History / Proceedings
Case History
Date: 10-02-2020
Business: Adv for plaintiff Mr.Pandey present.
Adv for deft Mr.Somnath present.
Adv for plaintiff tendered registered N/M 4742/19.
Adv for deft filed reply to N/M 4742/19 and reply to C/S 2236/19.
Adv for plff.stated that he has received copy of reply in N/M 4742/19 and reply to C/S 2236/19.
Matter is Adjd for N/M 4742/19 Hearing and C/S 2236/19 Hearing to 17.03.2020.
Next Purpose: C/S HEARING
Next Hearing Date: 17-03-2020
Date: 17-03-2020
Business: As per Office Order No.66 of 2020 dated 16.03.2020 of Honble Principle Judge,City Civil Court and Sessions Judge, Gr.Bombay.
All the Courts shall take up only urgent matters such as B.A., A.B.A., Application for urgent orders of injunctions, remand orders, statement u/s. 164 of Cr.P.C., Applications for grant of stay and such other urgent matters only as the case may be.
None present.
Matter is Adjd for C/S 2236/19 Hearing to 24.06.2020.
Next Purpose: C/S HEARING
Next Hearing Date: 24-06-2020
Date: 24-06-2020
Business: National Lockdown
Next Purpose: C/S HEARING
Next Hearing Date: 18-08-2020
Date: 18-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S HEARING
Next Hearing Date: 14-10-2020
Date: 14-10-2020
Business: Due to National Lockdown (Covid-19) all parties absent. Matter adjd to 01.02.2021.
Next Purpose: C/S HEARING
Next Hearing Date: 01-02-2021
Date: 01-02-2021
Business: None present.
Keep the matter for CH/S and NM hearing.
Adjd for CH/S and NM hearing on 06.02.2021.
Next Purpose: C/S HEARING
Next Hearing Date: 06-02-2021
Date: 06-02-2021
Business: None present.
By way of last chance the matter is kept for hearing on CH/S and NM.
Adjd for CH/S and NM hearing on 24.02.2021.
Next Purpose: C/S HEARING
Next Hearing Date: 24-02-2021
Date: 24-02-2021
Business: Adv. R.T. Kharwar for the applicant is present.
Adv.for the applicant filed adjournment application T.O.R marked at Exh.A.. O- Adjournment is granted in the interest of Justice.
Matter is adjd for Ch/S and NM hearing to 18.03.2021. (Afternoon Session)
Next Purpose: C/S HEARING
Next Hearing Date: 18-03-2021
Date: 18-03-2021
Business: As P.O. is on 40 hrs Online Mediation Training for the
Judicial Officers scheduled to be held from 15th to 22nd March, 2021
Next Purpose: C/S HEARING
Next Hearing Date: 19-04-2021
Date: 19-04-2021
Business: In view of Office Order No. 81/21, only urgent matters taken up. Hence, board discharge adjd to 02/08/2021.
Next Purpose: C/S HEARING
Next Hearing Date: 02-08-2021
Date: 02-08-2021
Business: P.O. is on leave. The matter is adjourned.
Next Purpose: C/S HEARING
Next Hearing Date: 20-08-2021
Date: 20-08-2021
Business: Matter received from C.R.No.14.
None present.
Keep the NM and Ch/s for dismissal to 22/11/2021
Next Purpose: CS FOR DISMISSAL
Next Hearing Date: 22-11-2021
Date: 22-11-2021
Business: P.O.is on leave.
Matter adjd.to
Next Purpose: CS FOR DISMISSAL
Next Hearing Date: 05-01-2022
Date: 05-01-2022
Business: In view of Office Order No. 290/21, P.O. is attending 40hrs Mediation Training Programme, as a Trainer at JOTI, Nagpur, therefore matter is adjourned
Next Purpose: CS FOR DISMISSAL
Next Hearing Date: 02-03-2022
Date: 02-03-2022
Business: Adv. K. K. Pandey for applicant present.
None for respondent.
Adv. for applicant has filed rejoinder to NM and CS. TOR.
Matter is adjd to 10/06/2022 for NM and CS hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 10-06-2022
Date: 10-06-2022
Business: Adv. K. K Pandey for applicant present.
Adv. Somnath Sahu for respondent.
Advocate K.K pandey advanced argument on NM and Ch/s.
Matter adj for argument of respondent on NM /Ch/s to 17/08/2022.
Next Purpose: C/S HEARING
Next Hearing Date: 17-08-2022
Date: 17-08-2022
Business: Adv. K.K. Pandey for applicant is present.
Adv. Ashish Varma for defendant is present.
Heard both the sides.
KB LO at 5.50 p.m.
As Court is busy in heard argument in other matters.
Matter adjd to 26.08.2022 for order on CH/S.
Next Purpose: CS NM ORDERS
Next Hearing Date: 26-08-2022
Date: 26-08-2022
Business: Applicant is present.
Adv. Somnath Sahu for respondent is present.
As Court is busy in dictating Judgment in Time Bound matter.
Matter adjd to 14.09.2022 for order on CH/S and NM.
Next Purpose: CS NM ORDERS
Next Hearing Date: 14-09-2022
Date: 14-09-2022
Business: Applicant is present.
F.R.S.R following order is passed in CH/S No. 2236/19-
ORDER
Chamber Summons No. 2236/2019 stands dismissed.
Chamber summons is disposed of accordingly.
Matter adjd to 29.09.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-09-2022
Date: 29-09-2022
Date: 17-10-2025
Next Purpose: SERVICE
Next Hearing Date: 17-10-2025
Date: 17-10-2025
Business: Not on board taken on board by praecipe Exh. A
Plaintiff present.
Adv. B. K. Pandey for plaintiff is present and tendered order passed in Writ Petition no.2883/2024. TOR.
Chamber summons no.2236/2019 and notice of motion no.4742/2019 is restored to its original stage in terms of order passed by Hon'ble High Court in Writ Petition no.2883/2024.
Plaintiff is directed to serve notice on defendant for appearance. Private service allowed.
Matter adjd to 19.12.2025 for service on the request of Adv. for plaintiff.
Next Purpose: SERVICE
Next Hearing Date: 30-10-2025
Date: 30-10-2025
Business: Not on board taken on board
Report Exh. B received from record room. Parties are directed to take steps for reconstruction of chamber summons and notice of motion in view of destruction report.
Matter already adjd to 19.12.2025.
Next Purpose: SERVICE
Next Hearing Date: 19-12-2025
Date: 19-12-2025
Business: P. o. is on leave.
Next Purpose: SERVICE
Next Hearing Date: 06-02-2026
Date: 06-02-2026
Business: Adv. B. K. Pandey for plaintiff is present and filed Vakalatnama Exh. C on behalf of the plaintiffs. It is taken on record.
He also filed additional affidavit of the applicant Gulabchand Upadhyay in chamber summons and notice of motion. Its taken on record.
Applicant in person present.
Adv. Ashish Varma for defendant is present.
The copy of the additional affidavit of the applicant in notice of motion and chamber summons served upon the respondent/defendant.
Matter adjourned to 27.03.2026 for filing reply in ch/s and NM.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-03-2026
Date: 27-03-2026
Business: Adv. B. K. Pandey for plaintiff is present and tendered photocopies of NM no.4742/2019 and chamber summons no.2236/2019.
Applicant Gulabchand Upadhyay in person present.
Adv. Sakshi Nagavkar for defendant is present.
Matter adjourned to 12.06.2026 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-06-2026
Date: 12-06-2026
Business: p.o. is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-08-2026
Date: 07-08-2026
Business: CORAM : HIS HONOUR JUDGE SHRI R. S. ARADHYE (C.R.NO.1)
None for plaintiff.
Adv. Sweta Padhi i/b Adv. Ashish Verma for defendant is present.
Applicant present.
Kept back
Later on at 03.45 pm
Adv. B. K. Pandey alongwith plaintiff is present.
Advocate for defendant is seeking adjournment for argument. Last chance is granted.
Matter adjourned to 28.09.2026 for hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-09-2026Additional Case Details
Additional Case Details
Filing Number: 113733/2019 Filing Date: 10-12-2019 First Hearing Date: 10th February 2020 Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE
Orders
2Interim Order 129 Sept 2022
29 Sept 2022
Order Details: Notice of Motion Pdf Text: Back Daily Status IN THE COURT OF :COURT 01 ADDL SESSIONS JUDGE Case No. :NOTICE OF MOTION/0104742/2019 Awadhnarayan B. Upadhyay Applicant Gulabchand Awadhnarayan Upadhyay Vs Allauddin Kasam Mahesaniya Date : 29092022 Business : None present for plaintiff and defendant. KB LO at 4.30 p.m. Same appearance. Order below NM No. 4742/19 The applicant being Legal representative of deceased original plaintiff has taken out present NM for condoning delay of 5 years 10 months 58 days for restoration of the suit. He has also filed CH/S No. 2236/19 for bringing him on record being LRs of deceased original plaintiff. However, the Chamber Summons No. 2236/19 came to be dismissed. Therefore the present NM became redundant does not survived. Hence, NM stands dismissed. NM stands disposed of accordingly. Nature of Disposal : DISMISSED Disposal Date : 29092022 COURT 01 ADDL SESSIONS JUDGE -- 1 of 1 --
Order 129 Sept 2022
29 Sept 2022
Order Details: Notice of Motion Pdf Text: Back Daily Status IN THE COURT OF :COURT 01 ADDL SESSIONS JUDGE Case No. :NOTICE OF MOTION/0104742/2019 Awadhnarayan B. Upadhyay Applicant Gulabchand Awadhnarayan Upadhyay Vs Allauddin Kasam Mahesaniya Date : 29092022 Business : None present for plaintiff and defendant. KB LO at 4.30 p.m. Same appearance. Order below NM No. 4742/19 The applicant being Legal representative of deceased original plaintiff has taken out present NM for condoning delay of 5 years 10 months 58 days for restoration of the suit. He has also filed CH/S No. 2236/19 for bringing him on record being LRs of deceased original plaintiff. However, the Chamber Summons No. 2236/19 came to be dismissed. Therefore the present NM became redundant does not survived. Hence, NM stands dismissed. NM stands disposed of accordingly. Nature of Disposal : DISMISSED Disposal Date : 29092022 COURT 01 ADDL SESSIONS JUDGE -- 1 of 1 --
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