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SUIT - SHORT CAUSE CIVIL SUIT

Mrs. Kadambari Prachin Ghamray alias Ms. Kadambari Satish Padhya +1 moreVsNeelam Satish Padhya +2 more

CNR MHCC01000545201965-COURT 65 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 12th August 2024

TrustJury record updated 17 Sept 2026

Case Overview

Registration Number
100341/2019
Registration Date
07 Feb 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    5

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 28-02-2019
    Business: Adv. Preshit Bagul with Adv. Ms.Laxmi Ingale for plaintiff present and filed draft notice of motion along with affidavit. Leave granted to register draft notice of motion. He undertakes to serve the copy of NM to the other side.
    Matter adj. for NM Reply and Hearing to 16.03.2019 in morning session.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-03-2019
    
    Date: 16-03-2019
    Business: Adv. Ms. Archana Lad for plaintiff present and tendered original notice of motion no. 949/2019 along with affidavit of service.
    None for defendant.
    The affidavit of service filed by plaintiff shows that D-3 is served with the NM and copy of plaint. However the service to D-1 and 2 is awaited. Hence time granted for service. Plaintiff is also directed to file affidavit in respect of status of construction. Time extended for writ of summons.
    Matter adj. for Compliance and Affidavit of Service to 17.07.2019.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 17-07-2019
    
    Date: 17-07-2019
    Business: Court is busy in hearing of HCTB NM in suit no.2489/12, hence board of second session is discharged and case is adjourned to 20/09/2019.
    Advocate Ms. Laxmi Ingle for Plaintiff present
    Defendant present.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 20-09-2019
    
    Date: 20-09-2019
    Business: Advocate Lakshmi Ingle for Plaintiff present and filed original writ of summons showing that Defendant no.1 to 3 is served with writ of summons on 06/07/2019 vide bailiff\''s report dated 09/07/2019.
    None present for Defendants.
    Inspite of service of writ of summons Defendant no.1 to 3 has not appeared, hence suit to proceed exparte against Defendant no.1 to 3.
    Plaintiffs advocate also filed affidavit of service of Notice of Motion along with additional affidavit in support of Notice of Motion, t.o.r.
    As Defendants have not appeared, inspite of service of writ of summons and as they have not contested Notice of Motion no.949/19, said Notice of Motion is made absolute in terms of prayer clause (a) and (b).
    Case is adjourned to 03/12/2019 for Compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 03-12-2019
    
    Date: 03-12-2019
    Business: Court is busy in hearing final arguments in suit no.8316/95 and court has to record evidence in HCTB suit no.7460/06, hence case is adjourned to 24/02/2020.
    L.O.
    Advocate Mr. B. K. Balwe for Plaintiff present and pointed out that in CIS suit is shown under wrong caption of compliance.  On perusal of Roznama it is observed that already exparte order is passed against Defendant hence suit to proceed for exparte evidence.
    Case is already adjourned to 24/02/2020 for Exparte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 24-02-2020
    
    Date: 24-02-2020
    Business: Plaintiff present. Advocate Seetal Tanpure for Plaintiff present
    Defendant present.
    Case is adjourned to 16/06/2020 for exparte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 16-06-2020
    
    Date: 16-06-2020
    Business: Due to lock down case is adjd. to 11.08.2020
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 11-08-2020
    
    Date: 11-08-2020
    Business: Adjd. to 29.09.2020 due to Covid-19.
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 29-09-2020
    
    Date: 29-09-2020
    Business: None present for Plaintiff.
    None present for Defendants.
    Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 21.12.2020 for compliance.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 21-12-2020
    
    Date: 21-12-2020
    Business: Adv.Rajkumar Kharat for plaintiff present and submitted that parties are thinking for settlement.
    None present defendant.
    It seems that due to Corona pandemic, no one is present for defendant, hence case is adjourned to  08/03/2021 for evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 08-03-2021
    
    Date: 08-03-2021
    Business: Adv Ms.Laxmi Ingle h/f Barve & Co. for plff present.
    None present for deft.
    Advocate for plff seeks time.
    Matter is adjd. for Ex-parte evidence to 30.04.2021.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 30-04-2021
    
    Date: 30-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 20-07-2021
    
    Date: 20-07-2021
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 30-08-2021
    
    Date: 30-08-2021
    Business: Plaintiff No.1 present in person with Shri wagh advocate for the plaintiff and filed draft Chamber Summons alongwith affidavit in support for transposing plaintiff No.2 as defendant No.4. O-leave to register is granted with direction to serve plaintiff No.2 and the defendants.
    Advocate for the plaintiffs seeks time to serve prior notice on plaintiff No.2 for withdrawing his appearance on behalf of plaintiff No.2.
    None present for deft.
    Adjourned for CS reply to 22.10.2021.
    Next Purpose: C/S REPLY
    Next Hearing Date: 22-10-2021
    
    Date: 22-10-2021
    Business: Adv Ms. Sheetal Tanpure for plff present and seeks time to tender registered Ch/s 1135/2021.
    None present for deft.
    Matter is adjd. for tendering registered Ch/s in the Court to 22.11.2021.
    Judge
    L.O.
    Adv Ms. Sheetal Tanpure for plff present and tendered registered Ch/s No.1135/2021.
    Already adjd. to 22.11.2021.
    Next Purpose: C/S REPLY
    Next Hearing Date: 22-11-2021
    
    Date: 22-11-2021
    Business: Adv Ms. Laxmi Ingle present for plff. and filed affidavit of service of Ch/s No.1135/2021.
    None present for deft.
    Matter is adjd. for ch/s reply to 24.01.2022.
    Next Purpose: C/S REPLY
    Next Hearing Date: 24-01-2022
    
    Date: 24-01-2022
    Business: Due to Covid-19, matter is adjd.
    Next Purpose: C/S REPLY
    Next Hearing Date: 13-04-2022
    
    Date: 13-04-2022
    Business: Court is on Leave.
    Next Purpose: C/S REPLY
    Next Hearing Date: 05-07-2022
    
    Date: 05-07-2022
    Business: Adv.Barve i/b.B.K.Barve and Co. for plaintiff present.
    KB
    LO at 03.50 pm
    Adv.Vijay Ambre i/b.B.K.Barve and Co. for plaintiff present.
    Plaintiff to verify abou the chamber summons on defendant No.2. Defendant No.1 and 3 inspite of service have not filed reply to chamber summons. Chamber summons to proceed without reply of deft. 1 and 3.
    Matter adjd to 26.08.2022 at 02.45 pm,  for compliance of verification of service in respect of deft.No.2. adjd. for service reply and hearing of Ch/s.
    Next Purpose: C/S REPLY
    Next Hearing Date: 26-08-2022
    
    Date: 26-08-2022
    Business: Court is on Leave.
    Next Purpose: C/S REPLY
    Next Hearing Date: 02-11-2022
    
    Date: 02-11-2022
    Business: Adv.Ms.Riyaz for plaintiff present.
    None present for deft.
    Defendant no.2 is unserved. The plaintiff to serve the chamber summons to defendant No.2.
    Matter adjd to 19.01.2023 for service affidavit.
    Judge
    LO at 04.30 pm
    Adv.Ms.Riyaz for plaintiff present. By order dated 20.09.2019 suit is proceeded ex-parte against the defendants, hence, adjourned for hearing of chamber summons.
    Matter adjd to 19.01.2023 for ch/s. hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 19-01-2023
    
    Date: 19-01-2023
    Business: Adv. Riyaj i/b B. K. Barve  and co. for plaintiff present.
    None for defendant.
    kb.
    L. O. at 3.45 pm.
    Adv. Riyaj i/b B. K. Barve  and co. for plaintiff present.
    Requested for time to file service affidavit.
    Matter adj. to  23/03/2023 for service affidavit.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 23-03-2023
    
    Date: 23-03-2023
    Business: court is on leave.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 15-06-2023
    
    Date: 15-06-2023
    Business: Adv. Dushayant Digambar for plaintiff present and filed affidavit of service in C/S No. 1135/21 t.o.r. marked as Exh.2
    None for defendant
    Matter is adjd.to 19-08-2023 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 19-08-2023
    
    Date: 19-08-2023
    Business: Adv. Sandeep Barve for plaintiff present.
    None for defendant
    Matter is adjd.to 21-09-2023 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 21-09-2023
    
    Date: 21-09-2023
    Business: Adv. Sonali Patil h/f Adv. B. K. Barve for plaintiff no. 1 present.
    None for defendant
    Matter is adjd.to   10-11-2023 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 10-11-2023
    
    Date: 10-11-2023
    Business: None for plaintiff.
    None for defendant
    Matter is adjourned to 12-01-2024 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 12-01-2024
    
    Date: 12-01-2024
    Business: None for Plaintiff present.
    None for defendants present.
    Matter stands adjourned on 13.03.2024 for taking steps/dismissal order.
    Next Purpose: DISMISSAL
    Next Hearing Date: 13-03-2024
    
    Date: 13-03-2024
    Business: Advocate Sonali Patil h/f. Advocate V.K. Barve for Plaintiffs present and prayed for adjournment for withdrawal of the suit. O - Granted.
    None for defendants No.1 to 3 present.
    Matter stands adjourned on 10.04.2024 for withdrawal.
    Next Purpose: WITHDRAWAL
    Next Hearing Date: 10-04-2024
    
    Date: 10-04-2024
    Business: Advocate Sonali Patil for plaintiffs alongwith plaintiff No.1 present.
    None for defendant present.
    Matter stands adjourned on 30.07.2024 for settlement.
    Next Purpose: SETTLEMENT
    Next Hearing Date: 30-07-2024
    
    Date: 30-07-2024
    Business: Adv. Santosh Wagh i/b B. K. Barve and Co. for plaintiff present.
    None for defendant present.
    Learned Adv. for plaintiff submitted that settlement talks are going on between parties. Hence, short adjournment may be granted. Short adjournment granted.
    Matter stands adjourned on 09/08/2024 for settlement.
    Next Purpose: SETTLEMENT
    Next Hearing Date: 09-08-2024
    
    Date: 09-08-2024
    Business: Adv. Santosh Wagh i/b B. K. Barve and Co. along with Plaintiff No.1 present and filed pursis for withdrawal of suit. Taken on record and marked as Exhibit-3.
    Plaintiff No.2 absent.
    None for defendant present.
    Matter adjourned for withdrawal of suit.
    Matter stands adjourned on 12/08/2024 (5.00 PM) for withdrawal of suit.
    Next Purpose: WITHDRAWAL
    Next Hearing Date: 12-08-2024
    
    Date: 12-08-2024
    Business: Adv. Sonali Patil along with plaintiffs present. They have filed withdrawal pursis at Exhibit-3 on last date. Today they are present for verification. I have verified contents of pursis from both plaintiffs present before the court. In the circumstances plaintiffs are permitted to withdraw the suit. Consequently the Chamber Summons No.1135/2021 is disposed of for want of prosecution.
    The suit is disposed of as withdrawn and for want of prosecution. Accordingly orders are passed below Exhibit-1.
     ORDER BELOW EXHIBIT-1
    1. The suit is disposed of as withdraw and for want of prosecution in terms of the pursis Exhibit-3.
    2. Parties to bear their own cost.
    3. Court fees refunded to plaintiffs as per rules.
    4. Proceeding of Suit No.341/2019 of 2020 is closed.
    Proceeding of Chamber Summons No.1135/2021 and Suit No.341/2019 is closed as suit is withdrawn and for want of prosecution.
    Nature Of Disposal: WITHDRAWL
    Disposal Date: 12-08-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 100618/2019
    Filing Date: 15-01-2019
    First Hearing Date: 28th February 2019
    Decision Date: 12th August 2024
    Court Number And Judge: 65-COURT 65 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    12 Aug 2024
    Order Details: Other
    Pdf Text: Daily Status
    IN THE COURT OF :COURT 65 ADDL SESSIONS JUDGE
    Case No. :SUIT/0100341/2019
    Mrs. Kadambari Prachin Ghamray alias Ms. Kadambari Satish Padhya Vs Neelam Satish Padhya
    Date : 12-08-2024
    Business : Adv. Sonali Patil along with plaintiffs present. They have filed
    withdrawal pursis at Exhibit-3 on last date. Today they are
    present for verification. I have verified contents of pursis from
    both plaintiffs present before the court. In the circumstances
    plaintiffs are permitted to withdraw the suit. Consequently the
    Chamber Summons No.1135/2021 is disposed of for want of
    prosecution. The suit is disposed of as withdrawn and for want
    of prosecution. Accordingly orders are passed below Exhibit-1.
    ORDER BELOW EXHIBIT-1 1. The suit is disposed of as
    withdraw and for want of prosecution in terms of the pursis
    Exhibit-3. 2. Parties to bear their own cost. 3. Court fees
    refunded to plaintiffs as per rules. 4. Proceeding of Suit
    No.341/2019 of 2020 is closed. Proceeding of Chamber
    Summons No.1135/2021 and Suit No.341/2019 is closed as
    suit is withdrawn and for want of prosecution.
    Nature of Disposal : WITHDRAWL
    Disposal Date : 12-08-2024
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