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SUIT - SHORT CAUSE CIVIL SUIT

Vasant Dattatraya GhadigaonkarVsRamakant Chandrakant Keni +3 more

CNR MHCC0100045120199-COURT 09 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 15th January 2020

TrustJury record updated 17 Sept 2026

Case Overview

Registration Number
100107/2019
Registration Date
14 Jan 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    5

    Acts & Sections

    1
    Hindu Marriage Act · Sec 34 · 37

    Case History / Proceedings

    Case History
    Date: 04-02-2019
    Business: None for plaintiff.
    None for defendant.
    Issue writ of summons.
    Adjd. to 25.4.2019 for writ of summons.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 15-02-2019
    
    Date: 15-02-2019
    Business: Not on Board Taken on Board By Precipe
    Adv. Jaywant for plaintiff present and filed draft notice of motion along with affidavit.
    Adv. Patel for D-1,2 and 4 present and filed VP on behalf of D-1,2 and 4.
    Adv. Samant for D-2 present and filed VP on behalf of D-2.
    Two advocates are appearing for D-2.
    Ld. Counsel for plaintiff seeks time to file some documents in support of the NM. Ld. Counsel for defendants seek time to file reply to the notice of motion. Time granted.
    Plaintiff is directed to correct the description of D-2 and 3 by pointing out as to through whom the said bodies are represented in the cause title of the plaint. Matter is preponed to 05.03.2019 for Compliance, Reply and Hearing in NM.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 05-03-2019
    
    Date: 05-03-2019
    Business: Plaintiff in person present and filed affidavit in draft NM. Copy served to other side.
    D-2 with Adv. Patel for D-1,2 and 4 present and filed reply to draft notice of motion. Copy served to other side.
    Leave granted in draft notice of motion submitted on 15.2.2019.
    Matter adj. for NM Hearing to 18.03.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-03-2019
    
    Date: 18-03-2019
    Business: Adv. Jaywant for plaintiff present and tendered original notice of motion no. 1112/2019 along with affidavit
    Mr. Bhandari for D-2 present.
    Adv. Patel for D- 1,2 and 4 present.
    Ld. Counsel for plaintiff seeks further time to take steps to change the description of D-2 and 3. by filing a chamber summons. Time granted.
    Matter adj. for taking Steps to 20.04.2019.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 20-04-2019
    
    Date: 20-04-2019
    Business: Advocate Mr. J. D. Jayvant for Plaintiff present and submitted that due to certain development in the matter Plaintiff is intending to withdraw the suit unconditionally, hence matter may be adjourned for withdrawal.  Considering submissions adjourned
    Advocate Ms. Khatri for Defendant no.1, 2 and 4  present
    Case is adjourned to 06/06/2019 for filing withdrawal pursis by Plaintiff.  It is made clear that if on next date, Plaintiff will not appear for filing withdrawal pursis, court will dismiss the suit.
    Next Purpose: WITHDRAWAL
    Next Hearing Date: 06-06-2019
    
    Date: 06-06-2019
    Business: Advocate for Defendant no.1,2 and 4 present
    Court is busy in hearing and dictating orders on Exh.9 and 11 in suit no.6822 as well as court has to hear NM in suit no.2368/14, hence case is adjourned to 03/07/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 03-07-2019
    
    Date: 03-07-2019
    Business: Advocate Mr. M. R. Yadav for Plaintiff present
    None present for Defendant.
    Court is busy in hearing and dictating orders on Notice of Motion in suit no.6072/06 and 4596/07, hence case is adjourned to 10/10/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 10-10-2019
    
    Date: 10-10-2019
    Business: Advocate M. R. Yadav for Plaintiff present and submitted that Plaintiff is intending to withdraw the suit but Plaintiff is not present today hence matter may be adjourned.  Considering submissions adjourned.
    None present for Defendant.
    Case is adjourned to 11/11/2019 for withdrawal.
    Next Purpose: WITHDRAWAL
    Next Hearing Date: 11-11-2019
    
    Date: 11-11-2019
    Business: Advocate M. R. Yadav for Plaintiff present and submitted that on next date Plaintiff will remain present for verification of withdrawal pursis.  Considering submissions adjourned.
    None present for Defendant.
    Case is adjourned to 15/01/2019 for verification of withdrawal pursis.
    Next Purpose: WITHDRAWAL
    Next Hearing Date: 15-01-2020
    
    Date: 15-01-2020
    Business: None present for Plaintiff.
    Advocate Mr.Sunil Patel for Defendant no.1, 2 and 4 present
    K.B. at 2.45 p.m. L.O. at 3.00 p.m.
    Advocate Mr. M. R. Yadav for Plaintiff present
    Advocate Mr.Sunil Patel for Defendant no.1, 2 and 4 present
    Roznama dated 20/04/2019 shows that it was submitted by Plaintiff advocate that Plaintiff is intending to withdraw the suit unconditionally and thereafter the matter was adjourned from time to time on four times for filing withdrawal pursis, however Plaintiff has not turned to the court for filing withdrawal pursis and for withdrawing the suit.  As Plaintiff is intending to withdraw the suit, it seems that Plaintiff has lost interest in the matter therefore only he is not coming to the court hence suit stands dismissed in default for want of prosecution.  Notice of Motion no.1112/2019 stands disposed off accordingly.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 15-01-2020

    Additional Case Details

    Additional Case Details
    Filing Number: 100500/2019
    Filing Date: 11-01-2019
    First Hearing Date: 04th February 2019
    Decision Date: 15th January 2020
    Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    15 Jan 2020
    Order Details: Other
    Pdf Text: None present for Plaintiff. Advocate Mr.Sunil Patel for Defendant no.1, 2 and 4 present K.B. at 2.45
    p.m. L.O. at 3.00 p.m. Advocate Mr. M. R. Yadav for Plaintiff present Advocate Mr.Sunil Patel for
    Defendant no.1, 2 and 4 present Roznama dated 20/04/2019 shows that it was submitted by Plaintiff
    advocate that Plaintiff is intending to withdraw the suit unconditionally and thereafter the matter
    was adjourned from time to time on four times for filing withdrawal pursis, however Plaintiff has
    not turned to the court for filing withdrawal pursis and for withdrawing the suit. As Plaintiff is
    intending to withdraw the suit, it seems that Plaintiff has lost interest in the matter therefore only he
    is not coming to the court hence suit stands dismissed in default for want of prosecution. Notice of
    Motion no.1112/2019 stands disposed off accordingly.
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