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NOTICE OF MOTION

Bhagwan Balaji Desai and Ors.VsSmt. Chandravati Chandrakant Desai and Ors.

CNR MHCC0101319420199-COURT 09 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 12th August 2026

TrustJury record updated 24 Sept 2026

Case Overview

Registration Number
104834/2019
Registration Date
17 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: 22-02-2020
    Business: matter adjd to 29.02.2020
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 29-02-2020
    
    Date: 29-02-2020
    Business: None for Plaintiff.
    Adv. Satam for D/6 present.
    Adjd. to 21/3/2020 for reply / proof of service.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 21-03-2020
    
    Date: 21-03-2020
    Reason For Adjournment: court time is over
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 27-08-2020
    
    Date: 27-08-2020
    Business: National Lock Down
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 28-10-2020
    
    Date: 28-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 18-02-2021
    
    Date: 18-02-2021
    Business: None for plaintiff.
    Adv. Mr. Kandekar for the defendant No.6.
    Matter is adjd. to 26/04/2021 for NM reply/proof of service.
    Next Purpose: REPLY
    Next Hearing Date: 26-04-2021
    
    Date: 26-04-2021
    Business: due to covid-19
    Next Purpose: REPLY
    Next Hearing Date: 12-07-2021
    
    Date: 12-07-2021
    Business: due to covid-19
    Next Purpose: REPLY
    Next Hearing Date: 30-08-2021
    
    Date: 30-08-2021
    Business: Court is on leave.
    Next Purpose: REPLY
    Next Hearing Date: 26-11-2021
    
    Date: 26-11-2021
    Business: As Court is busy is in hearing argument in SU 1954/21 NM 2416/21 and precipe matters. Hence, Board is discharged.
    Matter is adjd. to 05.02.2022 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 05-02-2022
    
    Date: 05-02-2022
    Business: Due to SOP only urgent matters are taken up.
    Matter is adjd. to 12.04.2022 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 12-04-2022
    
    Date: 12-04-2022
    Business: As the Court is on leave.  Hence, board is discharged and matter adjd. to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 05-05-2022
    
    Date: 05-05-2022
    Business: Adv. Jaydeep Raut for plaintiff present and submits that he wants to take necessary steps to amend the suit by filing proper proceedings.
    Matter is adjd. to 16-06-2022 at the request of plaintiff.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-06-2022
    
    Date: 16-06-2022
    Business: Adv. Jaydeep Raut for plaintiff present and he filed draft Ch/s along with affidavit in support. O- Leave is granted to register the same. Serve other side.
    Adv. Pathak h/f Adv. Kandekar for MHADA present.
    Matter is adjd.to 28-06-2022 for  Ch/s reply.
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 28-06-2022
    
    Date: 28-06-2022
    Business: court is on leave
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 02-07-2022
    
    Date: 02-07-2022
    Business: Adv.Jaydeep Raut for plaintiff present and tendered registered Ch/s 881/22 a/w affidavit in support.
    Adv. Kandekar for defendant no. 6/MHADA present.
    KB
    Matter is adjd.to 08-07-2022 for  order on Ch/s.
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 08-07-2022
    
    Date: 08-07-2022
    Business: None present for plaintiff.
    Adv.Mangal Kadam for defendant/MHADA present.
    Matter is adjd. to 25-07-2022 for Ch/s hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 25-07-2022
    
    Date: 25-07-2022
    Business: court is on leave
    Next Purpose: C/S  HEARING
    Next Hearing Date: 06-08-2022
    
    Date: 06-08-2022
    Business: As Court is on leave, hence, board is discharged. Matter is adjd. to
    Next Purpose: C/S  HEARING
    Next Hearing Date: 26-08-2022
    
    Date: 26-08-2022
    Business: Adv. Jaydeep Raut for plaintiff present.
    Adv Pathak H/f Adv Kandekar present for MHADA/Deft.no. 6
    Heard the adv of plaintiff on ch/s no. 881/22.
    Matter is adjd. to 16.09.2022 for ch/s No. 881/22 order
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 16-09-2022
    
    Date: 16-09-2022
    Business: Adv. Jaydeep Raut present for plaintiff.
    Adv Pathak H/f Adv Kandekar present for MHADA/Deft.no 6
    F.R.S.R. the following order is passed in chamber summons No. 881/2022
    ORDER
    1. Chamber Summons No. 881 of 2022 is made absolute.
    2. The plaintiffs are directed to carry out amendment as prayed on or before next date as per the schedule annexed to the chamber summons with further directions to the plaintiffs to place on record amended copies of the suit plaint and directed to furnish copy of amended plaint to the defendants.
    3. No order as to costs.
          4. Chamber Summons No.881 of 2022 stands disposed of
             accordingly.
    Matter is adjd. to 15.11.2022 for NM No. 4834/19 reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 15-11-2022
    
    Date: 15-11-2022
    Business: None present for Plaintiff.
    Adv. Pathak h/f Adv. Kandekar for MHADA/Deft no.6 present and seeking time to file reply. Time granted.
    Matter is adjd. to 10.01.2023 for NM reply.
    LO at 4.09 pm.
    Adv. Jaydeep Raut for plaintiff present.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 10-01-2023
    
    Date: 10-01-2023
    Business: As Court is busy in dictating order in suit no. 6910/1978 and Chamber summons no. 448/2020 in Suit No. 1559/08. Hence board is discharged.
    Matter is adjourned to 03.03.2023 for Notice of Motion reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 03-03-2023
    
    Date: 03-03-2023
    Business: As Court is busy in dictating judgment in Suit No. 3450/2013, order in Chamber Summons No. 1630/22 in Suit No. 3617/2008, Order on Exh.1 in Stamp No. 1707/22 and order on Exh.3 in Suit No. 1301/21. Hence, board is discharged.
    Matter is adjourned to 20.04.2023 for Notice of Motion reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 20-04-2023
    
    Date: 20-04-2023
    Business: None for plaintiff.
    Adv.Mangal Kadam for defendant/MHADA is present.
    As Court is busy in hearing Argument in Suit No.595 of 2022 Hence, Board is discharged and Matter is adjourned to 25.07.2023 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 25-07-2023
    
    Date: 25-07-2023
    Business: None present for both the sides.
    Matter is adjourned to 25.09 2023 for NM reply.
    LO at 03:55 pm.
    Adv. Mr. Jaydeep Raut for the plaintiff is present.
    Adv. Ms. Kandekar for defendant No. 6/MHADA is present.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 25-09-2023
    
    Date: 25-09-2023
    Business: Adv. Mr. Jaydeep Raut for the plaintiff is present.
    Adv. Ms. Kandekar for defendant No. 6/MHADA is present.
    Adv. for the plaintiff tendered draft NM along-with affidavit in support. O- Leave is granted to register the same till the next date. Copy is supplied to the other side.
    Adjourned for NM reply to 18.10.2023.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 18-10-2023
    
    Date: 18-10-2023
    Business: Adv. Mr. Jaydeep Raut for the plaintiff is present.
    None present for the defendant.
    Adv. for the plaintiff filed original registered NM No.3655/2023 along-with affidavit in support. TOR.
    Matter is adjourned to 03.11.2023 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 03-11-2023
    
    Date: 03-11-2023
    Business: court is on leave
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 01-12-2023
    
    Date: 01-12-2023
    Business: Adv. Mr. Jaydip Raut for the plaintiff is present.
    Adv. Mr. Balkrishna Shetty  for defendant Nos. 1 and 2 is present.
    Adv. Ms. Harshida Darji h/f Adv. Kandekar for defendant No.6 /MHADA is present.
    Adv. for defendant Nos. 1 and 2 seeks time to file VP. Time is granted.
    Adv. for the plaintiff submitted that plaintiff is pressing for ad-interim relief to the extend that defendant should not create third party right in the suit property. Adv. for defendant made statement that defendants are not going to create third party right in the suit property or in the alternate accommodation.
    Adv. for defendant Nos. 1 and 2 seeks time to file WS and reply to NM. Time is granted.
    Matter is adjourned to 24.01.2024 for WS/NM reply.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 24-01-2024
    
    Date: 24-01-2024
    Business: None for the plaintiff.
    Adv. Mr.Roshan Dsa h/f Adv. Balkrishna for defendant no.1 and 2 is present.
    Adv. Mrs.Harshida Darji h/f Adv. kandekar for defendant no.6/MHADA is present.
    Advocate for defendant no.1 and 2 filed VN marked at Exh-5 and seeks time to file WS and NM Reply.
    Matter is adjourned to 11.03.2024 for NM Reply.
    LO at.4.15 pm
    Adv. Mr.Jaydeep Raut for plaintiff is present
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 11-03-2024
    
    Date: 11-03-2024
    Business: None for the plaintiff.
    Adv. Ms. Harshida Darji h/f Adv. Kandekar for defendant No.6 /MHADA is present.
    Matter is adjourned to 25.06.2024 for NM Reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 25-06-2024
    
    Date: 25-06-2024
    Business: Adv. Mr.Jaydeep Raut for the plaintiff is present.
    Adv. Mr.B.S.Shetty for defendant No.1 and 2 is present.
    Adv. Ms. Shweta h/f Adv. Kandekar for defendant No.6 /MHADA is present.
    Adv. for defendant no.1 and 2 filed WS and affidavit in reply to NM No.4834/19. However, plaintiff counsel submits that there is delay in filing the same. Hence, the same may not be exhibited till application for condonation of delay is preferred and decided. Also for reply to NM 3655/23.
    Matter is adjourned to 30.07.2024 for NM Reply and Compliance.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 30-07-2024
    
    Date: 30-07-2024
    Business: None for the plaintiff.
    Adv. Mr.Shettye for defendant No.1 and 2 is present.
    Matter is adjourned to 27.09.2024 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 27-09-2024
    
    Date: 27-09-2024
    Business: Adv. Jaydeep Raut present for plaintiff and sought adjournment.
    Adv. B. S. Shetty present for defendant no. 1 and 2.
    Matter is adjourned to 12/11/24 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 12-11-2024
    
    Date: 12-11-2024
    Business: Adv. Jaydeep Raut present for plaintiff.
    Adv. B. S. Shetty present for defendant no. 1 and 2 and filed reply to NM no. 3655/2023.
    Copy served to the other side.
    He also tendered draft Notice of Motion alongwith affidavit in support of Notice of motion. t.o.r.
    O- Leave granted to register.
    Matter is adjourned for NM reply and NM hearing to 12/12/24.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 12-12-2024
    
    Date: 12-12-2024
    Business: As the Court is on leave.  Board is discharged and the matter stands adjd. to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 05-02-2025
    
    Date: 05-02-2025
    Business: Adv. Jaydeep Raut present for plaintiff and he submitted that, he wants to file rejoinder to NM no. 3655/2023 and he seeks time for the same. O- Time granted as last chance.
    Adv. B. S. Shetty present for defendant no. 1 and 2.
    Adv. for the defendant no. 1 and 2 requested for extension of time to register draft NM. Time is extended till the next date.
    Draft NM is returned to the defendant no. 1 and 2 for registration purpose.
    Matter is adjourned for NM rejoinder to 26/03/25.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 26-03-2025
    
    Date: 26-03-2025
    Business: Adv. Shejal Ghadashi present for plaintiff.
    Adv. Balkrishna Shetty present for defendant no. 1 and 2 and tendered Original registered NM no. 1005/25 alongwith affidavit in support of. t.o.r..
    Adv. for plaintiff submitted that, she has received the copy of NM no. 1005/2025.
    Adv. for plaintiff seeks time to file rejoinder to NM no. 4834/2019 and NM no. 3655/23 and CS 881/22. O- Time granted as last chance.
    Matter is adjourned for NM reply and rejoinder to other NM and CS to 08/05/25.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 08-05-2025
    
    Date: 08-05-2025
    Business: Adv. Jaydeep Raut present for plaintiff.
    None present for defendants.
    As defendant and his advocate are absent, Matter is adjourned to 23/7/25 for NM reply.
    Later on at 04.14 pm.
    Adv. Harshita Darji h/f Adv. Kandekar for defendant/MHADA present.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 23-07-2025
    
    Date: 23-07-2025
    Business: None present for plaintiff.
    Advocate Balkrishna for defendant no. 1 present.
    Adv. Devyani Pawar h/f Adv. Kandekar present for defendant no. 6/MHADA.
    As there are elements of settlement hence, Matter is adjourned to 08/09/25 for mediation report.  (Afternoon session)
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 08-09-2025
    
    Date: 08-09-2025
    Business: Adv. Jaydeep Raut present for plaintiff.
    Adv. B. S. Shetty present for defendant nos.1 and 2.
    Adv. Rahul Rathod for defendant/BMC  present.
    Matter is adjourned to 17.10.2025 for Mediation report.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 17-10-2025
    
    Date: 17-10-2025
    Business: None present for plaintiff.
    Adv. Devyani Pawar h/f Adv. Kandekar present for defendant/MHADA.
    Matter is adjourned to 12.12.2025 for Mediation report.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 12-12-2025
    
    Date: 12-12-2025
    Business: None present for plaintiff.
    Adv. B. S. Shetty present for defendant nos.1 and 2.
    As plaintiff and his advocate are absent and mediation report is awaited, Matter is adjourned to 16.02.2026 for Mediation report.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 16-02-2026
    
    Date: 16-02-2026
    Business: None present for plaintiff and defendants.
    As Court time is over in dictating judgment in Suit no.4858/2012 and recording evidence in NDPS Spl Case 2291/2023. Hence, Matter is adjourned to 18.06.2026 for Mediation report.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 18-06-2026
    
    Date: 18-06-2026
    Business: None present for plaintiff.
    Adv. Janhavi i/b Adv. Kandekar for Mhada present.
    Mediation report received at Exh.6. O -  Seen.
    Matter is adjourned to 12.08.2026 for NM hearing.
                                                                                                    Judge
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-08-2026
    
    Date: 12-08-2026
    Business: None present for plaintiff.
    Adv. B. H. Shetty present for defendant nos.1 and 2.
    Adv. Janhavi K. i/b Adv. K. N. Kandekar for defendant no.6/ MHADA present.
    Plaintiffs and their advocate absent. No application for adjournment is filed on record. Roznama shows that since 17.10.2025 plaintiff remained absent on fixed dates. Mediation report also received unsettled. NM 4834/2019 and NM 3655/2023 are pending since long. Hence, it shows that plaintiffs are not interested to proceed with the NM 4834/2019 and NM 3655/2023. Hence, Notice of Motion Nos.4834 of 2019 and 3655 of 2023 stands dismissed for want of prosecution.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 12-08-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 113994/2019
    Filing Date: 17-12-2019
    First Hearing Date: 22nd February 2020
    Decision Date: 12th August 2026
    Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    12 Aug 2026
    Order Details: Other
    Pdf Text: 12.08.2026
    Sr. No. 45
    CORAM: H.H.J. SHRI S. M. PATIL, (C.R. NO.09)
    SU 3134/2019
    NM 4834/2019
    NM 3655/2023
    NM 1005/2025
    None present for plaintiff.
    Adv. B. H. Shetty present for defendant nos.1 and 2.
    Adv. Janhavi K. i/b Adv. K. N. Kandekar for defendant no.6/
    MHADA present.
    Plaintiffs and their advocate absent. No application for
    adjournment is filed on record. Roznama shows that since
    17.10.2025 plaintiff remained absent on fixed dates. Mediation
    report also received unsettled. NM 4834/2019 and NM 3655/2023
    are pending since long. Hence, it shows that plaintiffs are not
    interested to proceed with the NM 4834/2019 and NM 3655/2023.
    Hence, Notice of Motion Nos.4834 of 2019 and 3655 of 2023
    stands dismissed for want of prosecution.
    Matter is adjourned to 17.09.2026 for Hearing on NM 1005/2025.
    Judge
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