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SUIT - SHORT CAUSE CIVIL SUIT

Mudradi Raghuram ShettyVsSudhakar Gudda Poojary

CNR MHCC01000070202062-COURT 62 AD-HOC ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 16th September 2023

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100025/2020
Registration Date
03 Jan 2020

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    2
    Hindu Marriage Act · Sec 34 · 38
    Protection of Women from Domestic Violence Act · Sec 2 · Order 39 · Rule 1

    Case History / Proceedings

    Case History
    Date: 06-01-2020
    Business: Advocate Mr. Tiwari for Plaintiff present and filed registered Notice of Motion no.77/2020 with affidavit in support, t.o.r.  He also filed compilation of documents with list, t.o.r.  Copy served upon other side.
    Advocate Mr. Kamal Chaudhary for Defendant present and submitted that today the copies of documents filed by Plaintiff are received by Defendants advocate hence on next date he will file reply to the NM.
    Heard in respect of ad-interim relief.  As Gift deed executed by Plaintiff in favour of Defendant is canceled by public advertisement, ad-interim relief in terms of prayer clause (b) of Notice of Motion is granted till filing NM reply by Defendant. Parties to act upon authenticated copy of this roznama.
    Case is adjourned to 20/02/2020  for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 20-02-2020
    
    Date: 20-02-2020
    Business: Advocate Mr. Vinit Dubey for Plaintiff present and submitted that his senior advocate is busy in Dindoshi Court, hence matter may be adjourned. Considering submissions adjourned.
    None present for Defendant.
    Case is adjourned to 12/06/2020 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 12-06-2020
    
    Date: 12-06-2020
    Business: In view of extension of Lockdown period case is adjd. to 07.08.2020
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 07-08-2020
    
    Date: 12-06-2020
    Business: In view of extension of Lockdown period case is adjd. to 07.08.2020
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 07-08-2020
    
    Date: 07-08-2020
    Business: Adjourned due to Covid-19.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 10-09-2020
    
    Date: 10-09-2020
    Business: due to covid-19
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 07-12-2020
    
    Date: 10-09-2020
    Business: due to covid-19
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 07-12-2020
    
    Date: 07-12-2020
    Business: None present for Plaintiffs.
    None present for Defendants.
    It seems that due to Corona pandemic, parties are absent, hence case is adjourned to 23/02/2021 for Notice of Motion hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-02-2021
    
    Date: 23-02-2021
    Business: None present for both the parties.
    Deft failed to file reply to NM No.77/2020 hence, said NM to proceed without reply of the deft.
    Adjd. for NM hearing to 14.06.2021.
    Earlier interim order, if any to continue till next date.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-06-2021
    
    Date: 14-06-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-08-2021
    
    Date: 14-06-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-08-2021
    
    Date: 09-08-2021
    Business: None present for the plff. and deft.
    As nobody is present for the plff, NM No.77/2020 be kept for dismissal order on next date.
    Matter is adjd. for dismissal order to 11.10.2021.
    Next Purpose: DISMISSAL
    Next Hearing Date: 11-10-2021
    
    Date: 11-10-2021
    Business: None present for both parties.
    Matter is adjd. at same stage till next date.
    Mater is adjd. for NM dismissal order to 22.11.2021.
    Next Purpose: DISMISSAL
    Next Hearing Date: 22-11-2021
    
    Date: 22-11-2021
    Business: None present for both parties.
    K.B.
    L.O. Court is busy in other matters, hence, this matter is adjd. for dismissal to 15.01.2021.
    Next Purpose: DISMISSAL
    Next Hearing Date: 15-01-2022
    
    Date: 15-01-2022
    Business: Adjd Due  to covid 19
    Next Purpose: DISMISSAL
    Next Hearing Date: 07-04-2022
    
    Date: 15-01-2022
    Business: Adjd Due  to covid 19
    Next Purpose: DISMISSAL
    Next Hearing Date: 07-04-2022
    
    Date: 07-04-2022
    Business: None present for plff.
    None present for deft.
    K.B.
    L.O.at 5.30 p.m.
    Nobody appeared for the plff to argue NM No.77/2020 despite keeping back the matter till 5.30 p.m. Roznama shows that nobody has attended the matter for and on behalf of the plaintiff on any date after 20.02.2020. Order to proceed without reply in NM No.77/2020 is already passed against the defendant on 23.02.2021. There is no propriety to keep the NM pending any further in absence of plaintiff hence, N.M.No.77/2020 is dismissed in default for want of prosecution.
    Matter is adjd. for service of writ of summons to 08.07.2022.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 08-07-2022
    
    Date: 08-07-2022
    Business: None present. Service affidavit is not filed. Keep for order.
    Matter adjd to 19.09.2022 for order.
    Next Purpose: ORDER
    Next Hearing Date: 19-09-2022
    
    Date: 19-09-2022
    Business: None present.
    service affidavit is not filed keep for order
    Matter adjd to   25.11.2022 for Order.
    Next Purpose: ORDER
    Next Hearing Date: 25-11-2022
    
    Date: 25-11-2022
    Business: None present for both sides. Service affidavit is not filed. Keep for dismissal.
    Matter adj. to 18.02.2023 for dismissal order.
    Next Purpose: DISMISSAL
    Next Hearing Date: 18-02-2023
    
    Date: 18-02-2023
    Business: None present for both sides.
    Read the roznama dated 25.11.2022. Today also plaintiff is absent. Matter adjd to 09.06.2023 for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 09-06-2023
    
    Date: 09-06-2023
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 11-08-2023
    
    Date: 09-06-2023
    
    Date: 11-08-2023
    Business: None for plaintiff.
    None for defendant
    From the perusal of the record it appears that though on the last date the suit was dismissed for want of prosecution in the morning session and later on in the after noon session the suit was restore on the file of this Court at the instance of the plaintiff, None is appeared for the plaintiff today to proceed with the suit. Hence, the matter is posted for the order of dismissal of the suit on the next date.
    Matter is adjd.to 16-09-2023 for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 16-09-2023
    
    Date: 16-09-2023
    Business: None for plaintiff.
    None for defendant
    From the perusal of the record, it appears that  due to non prosecution of the suit the same was dismiss for default on 09-06-2023 and subsequently on the same day the suit was restored at the instance of the plaintiff counsel. However on last date non having appeared for the plaintiff or the defendant, the suit is posted for dismissal order today. None having appeared till 1.45pm.The suit is liable to be  dismissed for default. The suit stands dismissed accordingly.
    Nature Of Disposal: DISMISSED
    Disposal Date: 16-09-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 100063/2020
    Filing Date: 02-01-2020
    First Hearing Date: 06th January 2020
    Decision Date: 16th September 2023
    Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    16 Sept 2023
    Order Details: Other
    Pdf Text: Back
    Daily Status
    IN THE COURT OF :COURT 62 ADDL SESSIONS JUDGE
    Case No. :SUIT/0100025/2020
    Mudradi Raghuram Shetty Vs Sudhakar Gudda Poojary
    Date : 16-09-2023
    Business : None for plaintiff. None for defendant From the perusal of the
    record, it appears that due to non prosecution of the suit the
    same was dismiss for default on 09-06-2023 and subsequently
    on the same day the suit was restored at the instance of the
    plaintiff counsel. However on last date non having appeared
    for the plaintiff or the defendant, the suit is posted for
    dismissal order today. None having appeared till 1.45pm.The
    suit is liable to be dismissed for default. The suit stands
    dismissed accordingly.
    Nature of Disposal : DISMISSED
    Disposal Date : 16-09-2023
    COURT 62 ADDL SESSIONS JUDGE
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