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SUIT - SHORT CAUSE CIVIL SUIT

Rajesh Pravinchandra ParekhVsHarsingh Kesariya +3 more

CNR MHCC0100036620191-COURT 01 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 02nd September 2023

TrustJury record updated 17 Sept 2026

Case Overview

Registration Number
100212/2019
Registration Date
23 Jan 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    5

    Acts & Sections

    1
    Hindu Marriage Act · Sec 34 · 38

    Case History / Proceedings

    Case History
    Date: 13-02-2019
    Business: Resumed.
    Adv. Narvekar for plaintiff tendered registered NM No. 610/2019 with affidavit.
    None for defendant nos. 1 and 2.  Adv. Narvekar seeks time to file report/affidavit of service of summons to def. Nos. 3 and 4.
    Adjd for NM reply/w.s of def. nos. 1 and 2 and report of service to 28.03.2019.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 28-03-2019
    
    Date: 28-03-2019
    Business: Resumed.
    Adv. R. L. Singh for plaintiff is present.
    The P.O. is busy in dictating judgment in suit No. 652/2016.
    Adjd for NM reply to 04.07.2019.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 04-07-2019
    
    Date: 04-07-2019
    Business: Adv. Narvekar for plaintiff present.
    None present for defendant.
    The Ld. counsel for the plaintiff seeks time to serve NM to deft. nos. 3 and 4.
    Adjourned for service of NM and reply to NM to 24.9.2019.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 24-09-2019
    
    Date: 24-09-2019
    Business: None present.
    Plaintiff to file the proof of service.
    Adjourned for affidavit of service to 14.11.2019.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 14-11-2019
    
    Date: 24-09-2019
    Business: None present.
    Plaintiff to file the proof of service.
    Adjourned for affidavit of service to 14.11.2019.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 14-11-2019
    
    Date: 14-11-2019
    Business: Adv. Sana Khan for plaintiff present.
    Plaintiff has not filed the proof of service in respect of service of writ of summons.  Last chance is granted.
    Adjourned for affidavit of service of writ of summons to 2.1.2020.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 02-01-2020
    
    Date: 02-01-2020
    Business: None present.
    Plaintiff failed to file affidavit of service in respect of service to deft. nos.3 and 4.  Put the case for dismissal against deft. nos.3 and 4.  Deft. nos.1 and 2 failed to file reply to N/M hence N/M no.610/19 to proceed without reply of deft. nos.1 and 2.
    The matter is adjd for hearing on N/M and for dismissal of suit against deft. nos.3 and 4 to 02.03.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-03-2020
    
    Date: 02-03-2020
    Business: Adv. Shrivastav for plaintiff present.
    None for deft.
    Ld. counsel for plaintiff seeks time for hearing on N/M.  Adjourned for hearing of N/M and dismissal of suit against deft. no.3 and 4.
    The matter is adjd for hearing of N/M and dismissal of suit against deft. no.3 and 4 to 23.04.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-04-2020
    
    Date: 02-03-2020
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-04-2020
    
    Date: 23-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-05-2020
    
    Date: 23-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-05-2020
    
    Date: 14-05-2020
    Business: As per office order no.77/2020 dated 43.5.2020 and due to lock-down, matter is adjourned.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-06-2020
    
    Date: 14-05-2020
    Business: As per office order no.77/2020 dated 43.5.2020 and due to lock-down, matter is adjourned.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-06-2020
    
    Date: 03-06-2020
    Business: In view of declaration of Novel Corona Virus (Covid 19) as global Pandemic by WHO and Office Order no.83/2020, matter is adjourned
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-06-2020
    
    Date: 03-06-2020
    Business: In view of declaration of Novel Corona Virus (Covid 19) as global Pandemic by WHO and Office Order no.83/2020, matter is adjourned
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-06-2020
    
    Date: 20-06-2020
    Business: In view of declaration of Novel Corona Virus (COVID 19 as Global Pandemic by WHO and Office Order No.83/2020, matter is adjourned.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-08-2020
    
    Date: 20-06-2020
    Business: In view of declaration of Novel Corona Virus (COVID 19 as Global Pandemic by WHO and Office Order No.83/2020, matter is adjourned.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-08-2020
    
    Date: 24-08-2020
    Business: None present. In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 31-08-2020
    
    Date: 24-08-2020
    Business: None present. In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 31-08-2020
    
    Date: 31-08-2020
    Business: In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-10-2020
    
    Date: 31-08-2020
    Business: In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-10-2020
    
    Date: 20-10-2020
    Business: Both the parties and advs. absent.  Due to COVID-19, the matter is adjd
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-01-2021
    
    Date: 20-10-2020
    Business: Both the parties and advs. absent.  Due to COVID-19, the matter is adjd
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-01-2021
    
    Date: 06-01-2021
    Business: None present.
    The matter is adjd for N/M Hearing  to .03.03.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-03-2021
    
    Date: 06-01-2021
    Business: None present.
    The matter is adjd for N/M Hearing  to .03.03.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-03-2021
    
    Date: 03-03-2021
    Business: None present.
    The matter is adjd for N/M hearing to 29.04.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-04-2021
    
    Date: 03-03-2021
    Business: None present.
    The matter is adjd for N/M hearing to 29.04.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-04-2021
    
    Date: 29-04-2021
    Business: Due to COVID-19, the matter is adjd
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-08-2021
    
    Date: 29-04-2021
    Business: Due to COVID-19, the matter is adjd
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-08-2021
    
    Date: 06-08-2021
    Business: P.O.is on leave.  Matter adjourned on 08.10.2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-10-2021
    
    Date: 06-08-2021
    Business: P.O.is on leave.  Matter adjourned on 08.10.2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-10-2021
    
    Date: 08-10-2021
    Business: P.O is gone for the verification of Inspection Note of year 2009 of the Chief Metropolitan Magistrate Court No.1 and  Additional Chief Metropolitan Magistrate 3rd, 8th  , 19th, 37th, 47th Courts and Metropolitan Magistrate, 23rd, 28th  Courts, Esplanade Centre, Mumbai.
    Matter adjd to 24.11.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-11-2021
    
    Date: 24-11-2021
    Business: P.O.is on leave.
    Matter adjd.to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-01-2022
    
    Date: 24-11-2021
    Business: P.O.is on leave.
    Matter adjd.to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-01-2022
    
    Date: 28-01-2022
    Business: Adv. Karan Chaudhary for Plff present.
    As per Office Order No. \''07of 2022\'' and \''03 of 2022\'' only urgent matter is to be taken up for hearing therefore matter is adjd to   14/03/2022 for NM Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-03-2022
    
    Date: 28-01-2022
    Business: Adv. Karan Chaudhary for Plff present.
    As per Office Order No. \''07of 2022\'' and \''03 of 2022\'' only urgent matter is to be taken up for hearing therefore matter is adjd to   14/03/2022 for NM Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-03-2022
    
    Date: 14-03-2022
    Business: None present.
    Order below NM No. 610/19
    Since long nobody appearing in this matter. Since 2nd march 20 NM is kept for dismissal. Today none appear in this matter was called therefore NM No. 610/19 stands dismissed in default. It be remove from board.
    Matter is adjd to 08/07/2022 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 08-07-2022
    
    Date: 14-03-2022
    Business: None present.
    Order below NM No. 610/19
    Since long nobody appearing in this matter. Since 2nd march 20 NM is kept for dismissal. Today none appear in this matter was called therefore NM No. 610/19 stands dismissed in default. It be remove from board.
    Matter is adjd to 08/07/2022 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 08-07-2022
    
    Date: 08-07-2022
    Business: None present for plaintiff and defendant.
    Matter adjd to 23.09.2022 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 23-09-2022
    
    Date: 08-07-2022
    Business: None present for plaintiff and defendant.
    Matter adjd to 23.09.2022 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 23-09-2022
    
    Date: 23-09-2022
    Business: Adv. Karan Choudhary for plaintiff is present.
    None present for defendant.
    Roznama shows that already NM No. 610/19 stands dismissed in default on 14.03.2022. Hence, it removed from CIS. On oral request of Adv.for plaintiff matter adjourned for steps.
    Matter adjd to 07.12.2022 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 07-12-2022
    
    Date: 07-12-2022
    Business: None present for the plff. and deft.
    Last chance given to the plff. to take steps.
    Matter adj. to 10.02.2023 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 10-02-2023
    
    Date: 10-02-2023
    Business: None present for plaintiff and defendant.
    Matter be kept for dismissal order.
    Matter adjd to 15.04.2023 for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 15-04-2023
    
    Date: 15-04-2023
    Business: None present.
    Matter be kept for dismissal order.
    Matter adjd to 01.07.2023 for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 01-07-2023
    
    Date: 01-07-2023
    Business: P.O. is on leave hence matter adjd.
    Next Purpose: DISMISSAL
    Next Hearing Date: 02-09-2023
    
    Date: 02-09-2023
    Business: None present for plaintiff and defendant.
    Roznama shows that since 07.12.2022 none present for plaintiff. No steps taken by the plaintiff to defendant no. 3 and 4 inspite of giving ample opportunities. Today matter is under the caption of dismissal. None present for the plaintiff when called. It seems that the plaintiff has lost interest in the matter. Hence, the suit dismissed for default.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 02-09-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 100424/2019
    Filing Date: 09-01-2019
    First Hearing Date: 13th February 2019
    Decision Date: 02nd September 2023
    Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    02 Sept 2023
    Order Details: Other
    Pdf Text: 02.09.2023
    SU 212/19
    CORAM : HIS HONOUR JUDGE SHRI V.D.KEDAR (C.R.NO.1)
    None present for plaintiff and defendant.
    Roznama shows that since 07.12.2022 none present for plaintiff.
    No steps taken by the plaintiff to defendant no. 3 and 4 inspite of
    giving ample opportunities. Today matter is under the caption of
    dismissal. None present for the plaintiff when called. It seems
    that the plaintiff has lost interest in the matter. Hence, the suit
    dismissed for default.
    Judge
    -- 1 of 1 --

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