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SUIT - SHORT CAUSE CIVIL SUIT

M/s. Unique Developers +2 moreVsSmt. Shalini Ganpat Gaikar +21 more

CNR MHCC0100044620203-COURT 03 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 29th April 2026

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100358/2020
Registration Date
01 Feb 2020

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    25

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 24-02-2020
    Business: Adv. A. K. Kharwal    for plaintiff present .
    Adv.   Rajesh Mirchandani  for defendant present.
    Exh. 1 Plaint
    Exh. 2 Vakalatnama of adv. of plaintiff.
    Exh. 3 Address memorandum.
    Exh. 4 List of documents.
    Adv. A. K. Kharwal    for plaintiff present and tendered writ of summons t.o.r. Its marked at Exh.5
    Adv.   Rajesh Mirchandani  for defendant present and tendered vakalatnamas for all defendants separately. t.o.r. Its marked at Exh.6 to 28 respectively.
    Adjd to  07-04-2020 for  Written statement.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 07-04-2020
    
    Date: 07-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 18-04-2020
    
    Date: 18-04-2020
    Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 77 of 2020 matter adjourned.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 29-05-2020
    
    Date: 29-05-2020
    Business: In view of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 16-06-2020
    
    Date: 16-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 16-09-2020
    
    Date: 16-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 11-11-2020
    
    Date: 11-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 14-01-2021
    
    Date: 14-01-2021
    Business: Advocate A.K.Kharwar i/b Ashoka Law Firm for plaintiff present.
    None for defendants.
    The case is adjourned to 22.02.2021 for Written statement.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 22-02-2021
    
    Date: 22-02-2021
    Business: Advocate A.K.Kharwar i/b Ashoka Law Firm for plaintiff present.
    None for defendant.
    KB
    LO at 5.10pm
    None present.
    The case is adjourned to 19.04.2021 for written statement.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 19-04-2021
    
    Date: 19-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 09-07-2021
    
    Date: 09-07-2021
    Business: Court is vacant
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 01-09-2021
    
    Date: 01-09-2021
    Business: Matter called out at 12.56 p.m.
    Adv. A. K. Kharwar I/b Ashoka Law Firm for plaintiff present.
    None present for defendants.
    It appears that defendants were served much prior to the lockdown, in spite of that after 15.03.2021 the limitation of 90 days for filing written statement is expired. Defendant absent. Hence, suit to proceed without written statement of the defendant.
    Matter stands adjourned to 21.12.2021 for affidavit of evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 21-12-2021
    
    Date: 21-12-2021
    Business: Adv. A. K. Kharwar for plaintiff present.
    None present for defendant.
    As court is busy in recording evidence in SU No.3600/10.
    Matter stands adjourned to 18.02.2022 for exparte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 18-02-2022
    
    Date: 18-02-2022
    Business: Matter called out at 11.40 am
    Adv. A.K. Kharwar I/b Ashoka Law Firm for plaintiff present.
    None for defendant.
    Plaintiff seeking time. Granted.
    Matter stands adjourned to 13.04.2022 for exparte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 13-04-2022
    
    Date: 13-04-2022
    Business: Adv. A. K. Kharwar I/b Ashoka Law Firm for plaintiff present.
    None present for defendant.
    As court is busy in recording evidence in SU no.3756/13, dictating orders in NM No.3233/19, NM no. 1212/22 and CS no.1300/21 as well as in part heard final hearing SU 594/08.
    Matter stands adjourned to 29.06.2022 for Exparte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 29-06-2022
    
    Date: 29-06-2022
    Business: Court is on Leave.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 22-08-2022
    
    Date: 22-08-2022
    Business: None present.
    Matter stands adjourned to 09.11.2022 for exparte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 09-11-2022
    
    Date: 09-11-2022
    Business: None present.
    Matter stands adjourned to 24.01.2023 for ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 24-01-2023
    
    Date: 24-01-2023
    Business: None present.
    Matter stands adjourned on 10.04.2023 for Ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 10-04-2023
    
    Date: 10-04-2023
    Business: None present.
    Matter stands adjourned on 26.07.2023 for Ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 26-07-2023
    
    Date: 26-07-2023
    Business: As P.O.is on leave, matter is adjourned.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 10-10-2023
    
    Date: 10-10-2023
    Business: Court is on Leave.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 18-12-2023
    
    Date: 18-12-2023
    Business: Both parties absent.
    Suit is pending for ex-parte evidence since 21.12.2021, hence put up for dismissal order.
    Matter stands adjourned on 23-02-2024 for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 23-02-2024
    
    Date: 23-02-2024
    Business: P. O. is on leave.
    Next Purpose: DISMISSAL
    Next Hearing Date: 20-04-2024
    
    Date: 20-04-2024
    Business: None for Plaintiff.
    None for defendant.
    Matter stands adjourned on 06-07-2024 for dismissal
    Next Purpose: DISMISSAL
    Next Hearing Date: 06-07-2024
    
    Date: 06-07-2024
    Business: None for Plaintiff present.
    None for defendant present.
    Matter stands adjourned on 08-10-2024 for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 25-07-2024
    
    Date: 25-07-2024
    Business: Not on Board. Taken on Board.
    None for Plaintiff present.
    None for defendant present.
    Matter referred to Lokadalat on 27.07.2024, keep the parties present
    on that day.
    Matter stands adjourned on  27.07.2024 for Lokadalat.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 27-07-2024
    
    Date: 27-07-2024
    Business: Matter pertains to Court Room No.03
    None present for plaintiff.
    None present for defendant.
    Matter not settled.
    Matter be posted to 12/09/2024 for same stage from which matter was referred to lok-adalat.
    Adv. Ms. Harshita Nag                    H.H.J. Dr. Shri. S. D. Tawshikar
         Panel Member                                             Panel Head
    Next Purpose: DISMISSAL
    Next Hearing Date: 12-09-2024
    
    Date: 12-09-2024
    Business: P.O. is on Leave.
    Next Purpose: DISMISSAL
    Next Hearing Date: 30-11-2024
    
    Date: 30-11-2024
    Business: None for Plaintiff present.
    None for defendant present.
    O- Issue notice to both the parties for appearing before Lok-adalat.
    Matter stands adjourned on 14-12-2024 for Lok-adalat.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 14-12-2024
    
    Date: 14-12-2024
    Business: NATIONAL LOK-ADALAT HELD ON 14/12/2024 (PANEL-07)
    CORAM : H.H. JUDGE SHRI. S. H. GWALANI
    None present for plaintiff.
    None present for defendant.
    Therefore, matter is not settled.
    Matter is adjourned to 16.01.2025.
             HHJ. Shri. S. H. Gwalani                           Adv. Shilpa R. Sharma
                  HEAD OF PANEL                                       PANEL MEMBER
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 16-01-2025
    
    Date: 16-01-2025
    Business: P.O. is on Leave.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 20-02-2025
    
    Date: 20-02-2025
    Business: Court is on leave
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 28-04-2025
    
    Date: 28-04-2025
    Business: P.O. is on Leave.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 06-08-2025
    
    Date: 06-08-2025
    Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
    None present.
    Matter stands adjourned to 13-09-2025 for Lok-adalat.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 13-09-2025
    
    Date: 13-09-2025
    Business: Matter pertaining to C.R. No.03
    None present for plaintiff.
    None present  for defendant.
    In the absence of parties matter can not be settled.
    Matter is adjd to 10.11.2025.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 10-11-2025
    
    Date: 10-11-2025
    Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
    None present.
    Matter stands adjourned for hearing to 11-12-2025.
    Next Purpose: HEARING
    Next Hearing Date: 11-12-2025
    
    Date: 11-12-2025
    Business: None present.
    Matter stands adjourned for hearing to 16-04-2026.
    Next Purpose: HEARING
    Next Hearing Date: 16-04-2026
    
    Date: 16-04-2026
    Business: CORAM - H.H.J. SHRI. S. M. BUKKE (CR. 03)
    None present.
    Plaintiff is absent since 22.08.2022. Frequently notices were issued to both parties as it is suit of 2020. Matter was kept for dismissal since 18.12.2023. Meanwhile the matter was kept before Lok-Adalat on three occasions. Notices were issued on  Court Motion, but none appeared before Lok-adalat also.
    When called repeatedly till 12.10 PM neither plaintiff nor his advocate present. Hence suit be kept for dismissal order. Matter stands adjourned for dismissal to 29-04-2026.
    Next Purpose: DISMISSAL
    Next Hearing Date: 29-04-2026
    
    Date: 29-04-2026
    Business: CORAM - H.H.J. SHRI. S. M. BUKKE(CR. 03)
    None present.
    When called repeatedly neither plaintiff nor his advocate present till 11.45 AM.
    The suit is instituted on 10.01.2020 for declaration and perpetual injunction before this Court. The plaintiff and his advocate absent since 22.08.2022. The suit was fixed for ex-parte evidence since 21.12.2021. No evidence adduced by plaintiff since 21.12.2021 therefore present suit was fixed for dismissal from 18.12.2023. As an abundant precaution this Court has issued notice on Court Motion to all the parties and also referred the matter before Lok-adalat on four occasion. However none appeared before this Court as well as panel of Lok-adalat.
    Matter is for dismissal since 18.12.2023.  It is pending since last 6 years for ex-parte evidence. There is no progress in suit, no purpose will serve by keeping the matter pending without any progress. The conduct of plaintiffs shows that they lost interest in the litigation. The plaintiffs are not interested in prosecuting the suit. Hence the Suit  No. 358 of 2020 is dismissed for want of prosecution. No order as to costs. Notice of Motion, Chamber Summons if any, disposed of as infructuous.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 29-04-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 100461/2020
    Filing Date: 10-01-2020
    First Hearing Date: 24th February 2020
    Decision Date: 29th April 2026
    Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    29 Apr 2026

    Order Details: Other Pdf Text: Noting 1 C.R. No.03 Daily Status IN THE COURT OF :COURT 03 ADDL SESSIONS JUDGE Case No. :SUIT/0100358/2020 M/s. Unique Developers Vs Smt. Shalini Ganpat Gaikar Date : 29-04-2026 Business : CORAM - H.H.J. SHRI. S. M. BUKKE(CR. 03) None present. When called repeatedly neither plaintiff nor his advocate present till 11.45 AM. The suit is instituted on 10.01.2020 for declaration and perpetual injunction before this Court. The plaintiff and his advocate absent since 22.08.2022.…

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