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SUIT - SHORT CAUSE CIVIL SUIT

Harshal Mangesh BelpatreVsMCGM

CNR MHCC01000640201911-COURT 11 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 17th October 2022

TrustJury record updated 17 Sept 2026

Case Overview

Registration Number
100237/2019
Registration Date
18 Jan 2019

Advocates

1

For Respondent

    Not available

    Parties

    2

    Respondent

    1. 1MCGM

    Acts & Sections

    1
    Hindu Marriage Act · Sec 35 and 36

    Case History / Proceedings

    Case History
    Date: 31-01-2019
    
    Date: 04-04-2019
    
    Date: 25-06-2019
    Business: None for plaintiff.
    Advocate Ms.Mhatre for defendant/MCGM present and sought time. Time is granted.
    Earlier order to continue till next date.
    The case is adjourned to 06.08.2019 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 06-08-2019
    
    Date: 06-08-2019
    Business: Advocate Mukesh Dubey for plaintiff present.
    Advocate Ms. Mhatre  for defendant/MCGM present and sought time. Time is granted.
    Earlier order to continue till next date.
    The case is adjourned to 10.10.2019 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 10-10-2019
    
    Date: 10-10-2019
    Business: None for plaintiff.
    Advocate Ms. Mhatre for defendant/MCGM present and sought time. Time is granted.
    Earlier order to continue till next date.
    The case is adjourned to 27.11.2019 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 27-11-2019
    
    Date: 27-11-2019
    Business: Adv. Mr. Mukesh Dubey for Plaintiff present.
    Adv. Mr. Giri for deft./MCGM present.
    Registered/disposed of CH/s no.203/19 tendered by plff.
    Exh.2- Reply/Written statement filed by deft./MCGM
    Exh.3- List of documents filed by deft./MCGM
    Earlier order to continue till next date.
    Matter is adjd.for NM hearing on 06.02.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-02-2020
    
    Date: 06-02-2020
    Business: Adv. Mr. Mukesh Dubey for plaintiff, prayed for adjd to file rejoinder- Granted as last chance.
    Adv. Mrs. Mhatre for deft./MCGM present.
    Earlier order, if any, to continue till next date.
    Matter is adjd. for NM hearing on 19.03.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-03-2020
    
    Date: 19-03-2020
    Business: Adv. Mukesh Dubey h/f S.K.Dubey for plaintiff, prayed for adjd. to file rejoinder. Plff to note last chance was granted on 06.02.2020.
    Adv. Ms. Mhatre for Deft./MCGM present.
    EOC to continue till next date.
    Matter is adjd. for n/m hrg. on 23.04.2020.
    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: 14-05-2020
    Business: National Lockdown
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-06-2020
    
    Date: 03-06-2020
    Business: National Lockdown
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-06-2020
    
    Date: 20-06-2020
    Business: None present. Repeatedly called out. Hence, adjd. Matter is adjd. for NM hearing on 16.07.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-07-2020
    
    Date: 16-07-2020
    Business: Due to Covid -19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-09-2020
    
    Date: 28-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-11-2020
    
    Date: 11-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-12-2020
    
    Date: 22-12-2020
    Business: Adv. Mukesh Dubey for plaintiff present.
    Adv. Mhatre  for deft./MCGM present.
    Matter is adjd.to 24-02-2021 for NM Hrg.
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-02-2021
    
    Date: 24-02-2021
    Business: Adv. Mr. S. K. Dubey for plaintiff present.
    Adv. Ms. Mhatre for deft./MCGM present and requested for short adjournment.
    Earlier order if any, to continue till next date.
    Matter is adjourned for NM hearing to 16.04.21.
                                                                                   Judge
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-04-2021
    
    Date: 16-04-2021
    Business: Due to surge in Covid-19, on 16.04.2021 declared as holiday. Hence, matter is adjourned to next date.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-07-2021
    
    Date: 14-07-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-09-2021
    
    Date: 08-09-2021
    Business: Adv. Mukesh Dubey for plaintiff present.
    Adv. Khandagale for deft./MCGM present.
    Earlier order if any, to continue till next date.
    Matter is adjd. For NM Hrg. to 27.10.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-10-2021
    
    Date: 27-10-2021
    Business: CORAM-H.H.J. SHRI. S.D. KULKARNI (C.R.No.08)
    (Matter pertains to C.R. No.11)
    Adv. Mukesh Dubey for plaintiff present.
    Adv.Mr.Khandagle for deft./MCGM present.
    Earlier order if any, to continue till next date.
    Matter is adjd. For  N/M Hrg. to 13.12.2021
    I/c Judge
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-12-2021
    
    Date: 13-12-2021
    Business: Adv. Mr. V.K. Dubey for plaintiff present.
    Adv. Mr. Khandagale for Defendant/MCGM present.
    Adv for the plaintiff requested for some time to contact with the plaintiff and to proceed with the matter.
    Adv for the plaintiff register NM No. 394/19 and 395/19.
    Earlier order, if any, to continue till the next date.
    Adjourned for NM hearing to 09/02/2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-02-2022
    
    Date: 09-02-2022
    Business: None present for plaintiff.
    Adv. Mr. Khandagale for defendant/MCGM is present.
    In view of office order no. 07/2022 dated 07.01.2022 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06.01.2022 of Hon\''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s.
    Earlier order, if any, to continue till the next date.
    Adjourned for NM hearing to 28.03.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-03-2022
    
    Date: 28-03-2022
    Business: Adv. Mr. Mukesh Dubey for plaintiff is present and not pressed NM No. 394/2019. In the result, NM No. 394/2019 stands disposed off as not pressed.
    Adv. Mr. Khandagale for defendant/MCGM is present.
    Heard both the sides on NM No. 395/2019.
    Earlier order, if any, to continue till the next date.
    Adjourned for NM Order to 11.04.2022.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 11-04-2022
    
    Date: 11-04-2022
    Business: Matter pertains to C.R.No.11.
    Adv. Mukesh Dubey for the plaintiff  present.
    Adv. S. C. Khandagale for the defendant/MCGM is present.
    Earlier Order, if any, to continue till the next date.
    Adjourned for NM Order to 25.04.2022.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 25-04-2022
    
    Date: 25-04-2022
    Business: Matter pertains to C.R.No.11.
    Adv. Mukesh Dubey for the plaintiff present.
    Adv. Khandagale for defendant/MCGM is present.
    Earlier Order, if any, to continue till the next date.
    Adjourned for NM Order to  04/05/2022.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 04-05-2022
    
    Date: 04-05-2022
    Business: None present for plaintiff.
    Adv. Mr. Khandagale for defendant/MCGM is present.
    The Court is busy in dictating judgment in SU No. 446/2010.
    Earlier order, if any, to continue till the next date.
    By consent, matter is adjourned for NM order to 13.05.2022.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 13-05-2022
    
    Date: 13-05-2022
    Business: None present for plaintiff.
    Adv. Ms. J.V. Mhatre for defendant/MCGM is present.
    The Court is busy in dictating Order in NM No. 2717/15 and hearing arguments in SU Nos. 1245/21,
    Hence, adjourned for NM order after summer vacation to 06.06.2022.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 06-06-2022
    
    Date: 06-06-2022
    Business: Adv. Mr. Upadhyay h/f Adv. Dubey for plaintiff is present.
    Adv. Mr. Khandagale for defendant/MCGM is present.
    F.R.S.R. following order is passed on NM No. 395/2019:
                                        ORDER
    (i).     Notice of Motion No. 395/2019 stands dismissed.
    (ii).    Notice of Motion No. 395/2019 is, accordingly, disposed
              off.
    At this juncture, the advocate for plaintiff filed application for extension of earlier protection. TOR. It is marked at Exh. 04.
    O-Other side to say. Say filed. Heard both the sides. Considering the fact that today itself, the NM is dismissed and the plaintiff wants to assail this order, the earlier interim protection, existing in his favour before passing of this order, is extended for the period of 2 weeks from today. He is informed that no further extension on this ground would be granted.
    Adjourned for draft issues to 02.07.2022.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 02-07-2022
    
    Date: 02-07-2022
    Business: None present for plaintiff.
    Adv. Mrs. J. V. Mhatre h/f Adv. Khandagale for defendant/MCGM is present.
    KB LO at 11:55 am.
    Issues framed. It is marked at Exh. 05.
    Adjourned for filing affidavit of documents to 23.08.2022.
    Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
    Next Hearing Date: 23-08-2022
    
    Date: 23-08-2022
    Business: None present for the plaintiff.
    Adv. Mrs. J.V. Mhatre h/f Adv. Khandagale for defendant/MCGM is present.
    Adjourned for filing affidavit of documents to 17.10.2022.
    Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
    Next Hearing Date: 17-10-2022
    
    Date: 17-10-2022
    Business: Adv. Mukesh Dubey for the plaintiff is present. He informed that the plaintiff is not in contact. Further, he is not interested to proceed with the matter.
    Adv. Mr. Khandagale for defendant/MCGM is present.
    Order below exhibit No. 01:
         Even today, the plaintiff is absent to proceed with the matter. In view of the statement of his advocate, it appears that he lost his interest in the matter. In the result, the suit stands dismissed in default, vide Order IX Rule 8 of C.P.C., 1908. All the pending applications are, therefore, filed. The plaintiff is called upon to bear costs of litigation. Bill of costs be drawn-up accordingly. The proceeding is closed.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 17-10-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 100724/2019
    Filing Date: 17-01-2019
    First Hearing Date: 31st January 2019
    Decision Date: 17th October 2022
    Court Number And Judge: 11-COURT 11  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    17 Oct 2022
    Order Details: Other
    Pdf Text: 17.10.2022
    Sr. No. 23
    CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11)
    SU 237/19 Adv. Mukesh Dubey for the plaintiff is present. He informed that
    the plaintiff is not in contact. Further, he is not interested to
    proceed with the matter.
    Adv. Mr. Khandagale for defendant/MCGM is present.
    Order below exhibit No. 01:
    Even today, the plaintiff is absent to proceed with the matter. In
    view of the statement of his advocate, it appears that he lost his
    interest in the matter. In the result, the suit stands dismissed in
    default, vide Order IX Rule 8 of C.P.C., 1908. All the pending
    applications are, therefore, filed. The plaintiff is called upon to bear
    costs of litigation. Bill of costs be drawnup accordingly. The
    proceeding is closed.
    Judge
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