SUIT - SHORT CAUSE CIVIL SUIT
Kusum Raghunath ManeVsThe State of Maharashtra +2 more
CNR MHCC0100064820199-COURT 09 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 26th February 2026
TrustJury record updated 17 Sept 2026
Case Overview
- Registration Number
- 102596/2019
- Registration Date
- 01 Oct 2019
Advocates
1For Petitioner
For Respondent
Not available
Parties
4Petitioner
Acts & Sections
1Hindu Marriage Act · Sec 34
Case History / Proceedings
Case History
Date: 03-12-2019
Business: Adv.Suhash Khade for plaintiff is present.
Adv. for defendant present.
Issue writ of summons and letter of request to defendant.
Matter adj for service on 20/01/2020.
Next Purpose: SERVICE
Next Hearing Date: 20-01-2020
Date: 20-01-2020
Next Purpose: SERVICE
Next Hearing Date: 17-02-2020
Date: 17-02-2020
Business: Adv. Khade for plaintiff is present.
Adv. Kapse h/f Khatib for defendant no.1 to 3 is present.
Adv. Chandramore for defendant no. 4 is present.
Defendant no. 1 to 4 failed to file WS. Therefore, No WS order is passed against defendant no. 1 to 4.
Matter is adjd. for evidence without WS to 24/03/2020.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-03-2020
Date: 23-03-2020
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-04-2020
Date: 01-04-2020
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-04-2020
Date: 16-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-05-2020
Date: 05-05-2020
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-05-2020
Date: 27-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-06-2020
Date: 12-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-09-2020
Date: 21-09-2020
Business: Due to Lockdown because of Covid-19, board is discharged and
as per SOP only urgent matters are taken up.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-01-2021
Date: 15-01-2021
Business: Adv. Mr. Subhash Khade for the plaintiff.
Adv Chandramore for the defendant no.2.
Advocate for the plaintiff informed that the plaintiff has expired on 06/10/2020.
Matter is adjd. to 02/02/2021 for taking steps for bringing LRs of the deceased plaintiff on record/ passing order.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-02-2021
Date: 02-02-2021
Business: Adv. Mr. Subhash Khade for the plaintiff.
Adv. Kapse for the defendants No.1 to 3.
Adv. Chandramore for the defendant No.4.
Matter is adjd. to 27/04/2021 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-04-2021
Date: 27-04-2021
Business: due to covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-07-2021
Date: 09-07-2021
Business: due to covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-09-2021
Date: 07-09-2021
Business: Court is on leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 26-11-2021
Date: 26-11-2021
Business: None present for the plaintiff.
Adv Khatib present for the defendant.
Matter is adjd. to 28.01.2022 for R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-01-2022
Date: 28-01-2022
Business: Adv Subhash Khade for plaintiff present.
None present for the defendant.
Ld advocate for plaintiff files CS for bringing the legal heirs of plaintiff record a/w affidavit in support TOR O- leave is granted to register. Serve to other side.
Matter is adjd. to 30.03.2022 for R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-03-2022
Date: 30-03-2022
Business: Adv. Subhash Khade for plaintiff present and filed service affidavit of defendant no. 1 to 3. TOR.
Adv. Chandramore for BMC/ defendant no. 4 present.
Time is extended to register the Ch/s at the request Ld. Adv. for plaintiff.
None for the State.
Matter is adjd. to 20-06-2022 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-06-2022
Date: 20-06-2022
Business: Adv. Shubhash Khade for plaintiff present and filed service affidavit. TOR and marked as Exh.
Adv. Khatib for defendant no. 1 to 3/State present and filed WS subject to limitation. Copy of WS served to other side.
Plaintiff requested for extend time to register Ch/s-O- Time granted till next date.
Adv. for defendant nos. 1 to 3 filed draft N/m along with affidavit in support. O- Leave is granted to register the same. Serve other side.
Matter is adjd. to 10-08-2022 for N/m reply.
Next Purpose: REPLY
Next Hearing Date: 10-08-2022
Date: 10-08-2022
Business: Adv. Subhash Khade for plaintiff present.
Adv. Khatib for defendant/state present and seeking time to register the NM. Time is extended to register the NM.
Matter is adjd. to 20.08.2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-08-2022
Date: 20-08-2022
Business: Adv Mr. Subhash Khade for plaintiff
Advocate Mr. Kudalkar for defendants present and tendered Notice of Motion No.2969 of 2022.
The plaintiff\''s advocate has no objection to allow the Notice of Motion.
Considering the reasons mentioned in the Notice of Motion and no objection by the other parties, it will better to allow the defendants to file Written Statement by condoning delay. Hence, in the interest of justice, I pass the following order.
ORDER
1. Notice of Motion No.2969 of 2022 is allowed and condoned the delay for filing written statement.
2. No order as to costs.
3 Notice of Motion No. 2969 of 2022 is disposed accordingly.
Exh.1- Plaint
Exh.2-VN
Exh.3-Memorandum of Address
Exh.4- List of documents.
The written statement is read and recorded and marked at Exh-5.
Adv. for the plaintiff seeks time to register chamber summons.
O- The time is extended to register the Chamber Summons till next date.
Matter is adjd. to 11.10.2022 for reply to Chamber Summons.
Next Purpose: C/S REPLY
Next Hearing Date: 11-10-2022
Date: 11-10-2022
Business: Adv. Subhash Khade present for plaintiff and seeks extension of time to register ch/s. O - Time is extended.
Court is busy in dictating order in NM No. 1686/2019 and NM No. 4498/17 in Suit No. 287/2017. Hence, Board is discharged.
Matter is adjd. to 08.12.2022 for ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 08-12-2022
Date: 08-12-2022
Business: Adv. Subhash Khade for plaintiff present and filed registered ch/s No. 1914/22 alongwith affidavit in support.
None present for defendant.
Matter is adjd. to 27.01.2023 for ch/s service.
Next Purpose: CHAMBER SUMMONS SERVICE
Next Hearing Date: 27-01-2023
Date: 27-01-2023
Business: None present for plaintiff.
Adv. Priyanka Gaonkar h/f Adv. Khatib for Defendant nos.1 to 3 /State present and seeking time to file reply to Chamber Summons. Time granted.
Matter is adjourned to 10.03.2023 for Chamber Summons Reply.
Next Purpose: C/S REPLY
Next Hearing Date: 10-03-2023
Date: 10-03-2023
Business: As Court is busy in dictating order in Chamber Summons No. 3889/2020 in Suit No. 851/2014 and Hearing in Chamber Summons No. 432/2023 in Suit No. 1447/11. Hence, board is discharged.
Matter is adjourned to 17.04.2023 for Chamber Summons reply.
Next Purpose: C/S REPLY
Next Hearing Date: 17-04-2023
Date: 17-04-2023
Business: As Court is busy in hearing in Notice of Motion No. 2117/22 in Ex.App No. 146/2021, Notice of Motion No. 2118/22 in Ex.App No. 147/21, NM Nos. 520/22 and 3158/21 in Suit No. 2303/21. Hence, Board is discharged.
Matter is adjourned to 13.07.2023 for Chamber Summons Reply.
Next Purpose: C/S REPLY
Next Hearing Date: 13-07-2023
Date: 13-07-2023
Business: Adv. Mr. Subhash Khade for the plaintiff is present.
Adv. Mr. Khatib for defendant Nos. 1 to 3/State is present.
Adv. Ms. Chandramore for defendant No. 4/BMC is present.
Heard both the sides on Ch/s 1914/2022.
Matter is adjourned to 25.07.2023 for Ch/s Order.
Next Purpose: CH/S ORDERS
Next Hearing Date: 25-07-2023
Date: 25-07-2023
Business: None present for the plaintiff.
Adv. Mr. Khatib for defendant Nos. 1 to 3/State is present.
Adv. Ms. Chandramore for defendant No.4/BMC is present.
The following Order is passed on Ch/s No. 1914/2022:
Present Chamber Summons has been taken out on behalf of the plaintiff for amendment in the plaint and for bringing on record legal-heirs of plaintiff. It is submitted that plaintiff namely Kusum Raghunath Mane expired on 06.10.2020. The proposed plaintiff is legal-heir of deceased plaintiff Kusum Mane and therefore, he prayed for deleting name of original plaintiff and inserting name of legal-heirs and for carrying out necessary amendment. No reply has been filed by defendant to Chamber Summons, but advocate for defendant orally opposed the Chamber Summons by submitting that suit is abated and no prayer for setting aside abatement has been made.
Now, it appears that original plaintiff is died on 06.10.2020. Copy of Death certificate is produced on record. Though, as argued on behalf of the defendant no prayer of setting aside the abatement has been made, in the larger interest of justice it would be just and proper to allow Chamber Summons. In the result, I proceed to pass the following Order:
ORDER
1. Chamber Summons No. 1914/2022 is allowed.
2. Plaintiff to carry out necessary amendment and to supply copy of amended plaint on record within 14 days.
3. Chamber Summons No. 1914/2022 stands disposed off.
Matter is adjourned to 09.08.2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 09-08-2023
Date: 09-08-2023
Business: None present for the plaintiff.
Adv. Ms. Vaibhavi Pawar h/f Adv. Kudalkar for defendant No. 1/
State is present.
Adv. Ms. Chandramore for defendant No. 4/BMC is present.
Matter is adjourned to 22.08.2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 22-08-2023
Date: 22-08-2023
Business: None present for the plaintiff.
Adv. Ms. Chandramore for defendant No.4/BMC is present.
Matter is adjourned to 25.09.2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 25-09-2023
Date: 25-09-2023
Business: None present for the plaintiff.
Adv. Mr. Khatib for defendant Nos. 1 to 3/State is present.
Adv. Ms. Chandramore for defendant No.4/BMC is present.
Adjourned for compliance to 26.10.2023.
LO at 02:51 pm.
Adv. Mr. Subhash Kale for the plaintiff is present and seeks extension of time to carry out amendment. Time is extended till the next date.
Next Purpose: COMPLIANCE
Next Hearing Date: 26-10-2023
Date: 26-10-2023
Business: Adv. Mr. Subhash Khade for the plaintiff is present.
Adv. Ms. Chandramore for defendant No. 4/BMC is present.
Adv. for the plaintiff filed the application for seeking extension to carry amendment as per order in Ch.s No. 1914/2022. TOR. It is marked at Exh. 06. O- Time is extended as a last chance.
Matter is adjourned to 14.12.2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 14-12-2023
Date: 14-12-2023
Business: Adv. Mr. Subhash Khade for the plaintiff is present.
Adv. Mr. Suraj Kudalkar for defendant Nos. 1 to 3 is present.
Adv. Ms. Chandramore for defendant No.4/BMC is present.
Adv. for the plaintiff filed the application for seeking extension of time to carry out amendment till next date. TOR.
O- Considering the grounds time is extended till the next date.
Matter is adjourned to 22.01.2024 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 22-01-2024
Date: 22-01-2024
Business: None for the plaintiff.
Adv. Ms.Martina Sakpal h/f Adv. Khatib for defendant no.1 to 3/State is present.
Matter is adjourned to 09.02.2024 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 09-02-2024
Date: 09-02-2024
Business: (Matter pertains to C.R.No.09)
Adv. Subhash Khade present for plaintiff tendered application for seeking extension of time to carry out amendment for further five weeks. O-time is granted.
None present for defendant.
Matter adjourned for compliance to 22.03.2024
Next Purpose: COMPLIANCE
Next Hearing Date: 22-03-2024
Date: 22-03-2024
Business: Adv. Mr. Subhash Khade for the plaintiff is present.
Adv. Mrs.Chandramore for defendant/BMC is present.
Adv. for plaintiff seeks extension of time to make compliance. Last chance is granted till next date.
Matter is adjourned to 29.04.2024 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 29-04-2024
Date: 29-04-2024
Business: None for the plaintiff.
Adv. Mrs.Chandramore for defendant No.4/BMC is present.
Matter is adjourned to 05.07.2024 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 05-07-2024
Date: 05-07-2024
Business: None present for plaintiff.
Adv. Mr.Khatib for defendant/State is present.
Adv. Mr. V.G.Shinde for defendant/BMC is present.
Matter is adjourned to 19.07.2024 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 19-07-2024
Date: 19-07-2024
Business: As the Court is on leave today. Hence, board is discharged and matter is adjourned to
Next Purpose: COMPLIANCE
Next Hearing Date: 03-09-2024
Date: 03-09-2024
Business: Adv. Mr.Asit Singh for the plaintiff is present.
None present for the Defendants.
Earlier order, if any, to continue till the next date.
Matter is adjourned to 24.10.2024 for N/M Rply/Rejoinder.
Next Purpose: COMPLIANCE
Next Hearing Date: 08-11-2024
Date: 08-11-2024
Business: As the Court is on leave today. Hence board is discharged and matter is adjourned to
Next Purpose: COMPLIANCE
Next Hearing Date: 18-01-2025
Date: 18-01-2025
Business: Adv. Subhash Kale present for plaintiff and he undertakes to supply copy of amended plaint to the other side.
Advocate Kapse for defendant no. 1 to 3/State present.
Defendant no. 4 absent and failed to WS. Hence, Matter to proceed without their WS.
Matter is adjourned for compliance/draft issues to 30/01/25.
Later on at 12.24 pm.
Adv. Apoorva Dalal h/f Advocate Rahul Rathod for defendant/BMC present.
Next Purpose: COMPLIANCE
Next Hearing Date: 30-01-2025
Date: 30-01-2025
Business: None present for plaintiff.
Adv. Martina Sakpal for defendant no. 1 to 3/State present.
Advocate Rahul Rathod for defendant no. 4/BMC present.
Plaintiff is directed to remain present and make the compliance without fail on next date.
Matter is adjourned for compliance/necessary order to 22/04/2025.
Next Purpose: COMPLIANCE
Next Hearing Date: 22-04-2025
Date: 22-04-2025
Business: As the Court is on leave. Hence, board is discharged and matter stands adjd. to
Next Purpose: COMPLIANCE
Next Hearing Date: 13-06-2025
Date: 13-06-2025
Business: As the Court is on leave. Board is discharged and matter stands adjd. to
Next Purpose: COMPLIANCE
Next Hearing Date: 21-08-2025
Date: 21-08-2025
Business: None present for plaintiff.
None present for defendants.
Plaintiff in continuously absent, hence, Matter is adjourned to 28/11/25 for dismissal order. (Morning session)
Later on at 01.12 pm.
Adv. Subhash kale for plaintiff present and requested to keep the matter on 29/10/25 hence, matter is adjourned to 29-10-25.
Next Purpose: DISMISSAL
Next Hearing Date: 29-10-2025
Date: 29-10-2025
Business: None present for plaintiff.
Adv. Priyanka Gaonkar h/f Adv. Kapse for defendant/State present.
Adv. Rahul Rathod for defendant/BMC present.
Plaintiff is absent. Matter is fixed for dismissal order. Special Board matters are kept on 15.11.2025 hence, Matter is adjourned to 15.11.2025 for Dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 15-11-2025
Date: 15-11-2025
Business: Adv. Subhash Khade present for plaintiff.
Adv. T. A. Dhotre h/f Adv. Kapse for defendant nos.1 to 3/State present.
Adv. Rahul Rathod for defendant no.4/BMC present.
KB LO at 12.46pm
Plaintiff is directed to supply the copy of amended plaint before next date. Hence, Matter is adjourned to 11.12.2025 for issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 11-12-2025
Date: 11-12-2025
Business: Adv. Subhash Khade present for plaintiff and requested for time to carry out the amendment. O-Time is granted.
Adv. Namrata Kharat h/f Adv. Kapse present for defendant/state.
Adv. V. G. Shinde h/f Adv. Rahul Rathod for defendant/BMC present.
Matter is adjourned to 21.01.2026 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 21-01-2026
Date: 21-01-2026
Business: Adv. Subhash Khade present for plaintiff and filed amended copy of plaint. TOR and marked as Exh.1A.
Adv. Kudalkar present for defendant nos.1 to 3/State.
Adv. Aslam Tadvi h/f Adv. Rahul Rathod for defendant no.4/BMC present.
Exh.__- Issues are framed.
Matter is adjourned to 07.02.2026 for production of documents and R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-02-2026
Date: 07-02-2026
Business: As the Court is on leave. Board is discharged and the matter stands adjd. to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 26-02-2026
Date: 26-02-2026
Business: None present for plaintiff.
Adv. Rahul Rathod for defendant no.4/BMC present.
Adv. Kudalkar present for defendants/State.
KB LO at 4.30pm
Plaintiff and her advocate absent till 4.30pm. No application for adjournment is filed on record. Matter is too old. Hence, it shows that plaintiff is not interested to proceed with the matter. Therefore, Suit stands dismissed for default. (S. M. PATIL) Judge, City Civil Court, Gr. Bombay.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 26-02-2026Additional Case Details
Additional Case Details
Filing Number: 100701/2019 Filing Date: 17-01-2019 First Hearing Date: 03rd December 2019 Decision Date: 26th February 2026 Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE
Orders
3Final Order 226 Feb 2026
26 Feb 2026
Order Details: Other Pdf Text: 26.02.2026 Sr. No. 29 CORAM: H.H.J. SHRI S. M. PATIL, (C.R. NO.09) SU 2596/2019 None present for plaintiff. Adv. Rahul Rathod for defendant no.4/BMC present. Adv. Kudalkar present for defendants/State. KB LO at 4.30pm Plaintiff and her advocate absent till 4.30pm. No application for adjournment is filed on record. Matter is too old. Hence, it shows that plaintiff is not interested to proceed with the matter. Therefore, Suit stands dismissed for default. (S. M. PATIL) Judge, City Civil Court, Gr. Bombay. -- 1 of 1 --
Interim Order 121 Jan 2026
21 Jan 2026
Order Details: Other
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-- 1 of 1 --Order 121 Jan 2026
21 Jan 2026
Order Details: Other
Pdf Text: fu’kk.kh 09
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,y-lh- nkok Øekad 2596@2019
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fnukad % 21-01-2026
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