SUIT - SHORT CAUSE CIVIL SUIT
Kailash Patiraj KurmiVsKamlesh Kailash Kurmi +1 more
CNR MHCC0100065020193-COURT 03 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 20th October 2023
TrustJury record updated 17 Sept 2026
Case Overview
- Registration Number
- 100597/2019
- Registration Date
- 01 Mar 2019
Advocates
1For Petitioner
For Respondent
Not available
Parties
3Petitioner
Acts & Sections
1Hindu Marriage Act · Sec 38
Case History / Proceedings
Case History
Date: 14-06-2019 Business: As court busy in hearing time bound Misc appeal 114/19 to 130/19. Hence board is discharged. Matter is adjd. to. 26/07/2019 for Directions. Next Purpose: DIRECTIONS Next Hearing Date: 26-07-2019 Date: 26-07-2019 Business: Court is vacant, hence board is discharge. Next Purpose: DIRECTIONS Next Hearing Date: 25-09-2019 Date: 25-09-2019 Next Purpose: DIRECTIONS Next Hearing Date: 08-11-2019 Date: 08-11-2019 Business: Adv. Parmar for plff present. None for defts. Advocate for plff tendered registered N/M No. 1818/19 alongwith affidavit in support. TOR. Advocate for plaintiff tendered original writ of summons duly served upon defts on 14.03.2019. TOR. The deft no.1 despite service of writ of summons failed to appear and hence marked Ex-parte. Adjd for N/M Hearing to 24.01.2020. Next Purpose: NM FOR HEARING Next Hearing Date: 24-01-2020 Date: 24-01-2020 Business: Adv. Parmar for plaintiff present. Adv. Adnan for defendant no. 2 present. Defendant no. 1 is ex parte. On oral request of Ld. Adv. for plaintiff adjournment granted. Adjd to 06-03-2020 for NM No. 1818/19 hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 06-03-2020 Date: 06-03-2020 Business: Court is on leave, hence board is discharge. Next Purpose: NM FOR HEARING Next Hearing Date: 01-04-2020 Date: 01-04-2020 Reason For Adjournment: National Lock Down Next Purpose: NM FOR HEARING Next Hearing Date: 16-04-2020 Date: 16-04-2020 Business: Covid-19 Lockdown from 23-03-2020 Matter adj. to Next Purpose: NM FOR HEARING Next Hearing Date: 05-05-2020 Date: 05-05-2020 Business: Covid-19 Lockdown from 23-03-2020 Matter adj. to Next Purpose: NM FOR HEARING Next Hearing Date: 27-05-2020 Date: 27-05-2020 Business: In view of extension 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: NM FOR HEARING Next Hearing Date: 12-06-2020 Date: 12-06-2020 Reason For Adjournment: National Lock Down Next Purpose: NM FOR HEARING Next Hearing Date: 03-07-2020 Date: 03-07-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: NM FOR HEARING Next Hearing Date: 29-07-2020 Date: 29-07-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: NM FOR HEARING Next Hearing Date: 29-08-2020 Date: 29-08-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: NM FOR HEARING Next Hearing Date: 24-09-2020 Date: 24-09-2020 Business: COURT IS ON LEAVE TODAY. None present for both the parties. Adjourned to 17.10.2020 for NM Hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 17-10-2020 Date: 17-10-2020 Business: Both sides absent. Due to COVID-19, adjourned to 10.11.2020 for NM Hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 10-11-2020 Date: 10-11-2020 Business: Both sides absent. Due to COVID-19 adjourned to 10.12.2020 for NM hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 10-12-2020 Date: 10-12-2020 Business: None present for plaintiff. None present for defendant. Parties to remain present on next date positively. Adjourned to 07.01.2021 NM Hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 07-01-2021 Date: 07-01-2021 Business: Adv. J. V. Parmar for plaintiff is present. Since nobody appear for defendant, by way of last opportunity, matter is adjourned to 02.02.2021 for NM Hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 02-02-2021 Date: 02-02-2021 Business: Adv. Jigar V. Parmar for plaintiff is present. None present for defendant. Since nobody appears for the defendant, again by way of last opportunity, matter adjourned to 03.03.2021 for NM Hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 03-03-2021 Date: 03-03-2021 Business: Adv. Jigar V. Parmar for plaintiff is present. None present for defendant. Ld. counsel for the plaintiff seeks time to go through the recent judgment of the Honble Supreme Court in respect of rights of a female pertaining to household. Adjourned to 25.03.2021 for NM Hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 25-03-2021 Date: 25-03-2021 Business: Adv. J. V. Parmar for plaintiff is present. None present for defendant. It is submitted that matter is tried to be settled. Adjourned to 09.06.2021 Settlement. Next Purpose: SETTLEMENT Next Hearing Date: 09-06-2021 Date: 09-06-2021 Business: None present for the parties. Due to COVID -19, adjourned to 05.07.2021 for settlement. Next Purpose: SETTLEMENT Next Hearing Date: 05-07-2021 Date: 05-07-2021 Business: None present for parties. Due to COVID-19, adjourned to 30.07.2021 for Settlement. Next Purpose: SETTLEMENT Next Hearing Date: 30-07-2021 Date: 30-07-2021 Business: None present for the parties. Due to Covid-19, adjourned to 18.08.2021 for Settlement. Next Purpose: SETTLEMENT Next Hearing Date: 18-08-2021 Date: 18-08-2021 Business: Matter called out at 11.10 a.m. None present. Kept back Later on at 2.48 p.m. Adv. Jigar Parmar for plaintiff present. None present for Defendant. No. 2. In order to grant one more opportunity to the Deft. No. 2. Matter stands adjourned to 04.09.2021 for hearing on NM. Next Purpose: NM FOR HEARING Next Hearing Date: 04-09-2021 Date: 04-09-2021 Business: Matter called out at 04.10 p.m. Plaintiff in person present. Adv. Jigar Parmar a/w Aashish Gupta for plaintiff present. None present for defendant. Adv. for plaintiff requested to tag NM 1818/19 alongwith the main suit. Therefore, the aforesaid NM No. 1818/19 at the end of the trial. Matter stands adjourned to 12.11.2021 for Issues. Next Purpose: FRAMING ISSUES Next Hearing Date: 12-11-2021 Date: 12-11-2021 Business: PO is on leave in second session. Hence, board discharged. Next Purpose: FRAMING ISSUES Next Hearing Date: 12-01-2022 Date: 12-01-2022 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: FRAMING ISSUES Next Hearing Date: 23-02-2022 Date: 23-02-2022 Business: Matter called out at 12.01 p.m. Adv. Aashish Gupta for plaintiff present. Issues not framed. Matter stands adjourned to 04.05.2022 for Issues. Next Purpose: FRAMING ISSUES Next Hearing Date: 04-05-2022 Date: 04-05-2022 Business: None present. Matter stands adjourned to 22.07.2022 for Issues. Next Purpose: FRAMING ISSUES Next Hearing Date: 22-07-2022 Date: 22-07-2022 Business: None present. Matter stands adjourned to 20.09.2022 for issues. Next Purpose: FRAMING ISSUES Next Hearing Date: 20-09-2022 Date: 20-09-2022 Business: None present. Issues framed below Exh.06. ISSUES 1. Does the plaintiff prove that he is in exclusive possession over the suit property ? 2. Does the plaintiff prove obstruction at the hands of defendants ? 3. Is the plaintiff entitled for the reliefs as sought ? 4. What order and decree ? Plaintiff to file list of witness, evidence on affidavit alongwith documents as per list with advance copy to the other side on or before next date. Matter stands adjourned to 15.12.2022 for evidence. Next Purpose: RECORDING EVIDENCE Next Hearing Date: 15-12-2022 Date: 15-12-2022 Business: None present. K.B. later on at 12.12 p.m. Plaintiff in person present. K.B. Later on called out at 2.46 p.m. None present. Matter stands adjourned to 27.02.2023 for Evidence. Next Purpose: RECORDING EVIDENCE Next Hearing Date: 27-02-2023 Date: 27-02-2023 Business: Plaintiff in person present. None for defendant. Matter stands adjourned on 19.04.2023 for recording evidence. Next Purpose: RECORDING EVIDENCE Next Hearing Date: 19-04-2023 Date: 19-04-2023 Business: None present. Matter stands adjourned on 08.08.2023 for recording evidence. Later on at 12.00 noon Adv. Ashish Gupta I/b Adv. Parmar for plaintiff present. Matter already adjourned on 08.08.2023 for recording evidence. Next Purpose: RECORDING EVIDENCE Next Hearing Date: 08-08-2023 Date: 08-08-2023 Business: Adv Ashish Gupta for Plaintiff present and submits that there are talks of settlement is going on. Hence, adjourned. None for defendant present. Matter stands adjourned on 20-10-2023 for R.E Next Purpose: RECORDING EVIDENCE Next Hearing Date: 20-10-2023 Date: 20-10-2023 Business: Adv Kailash Gupta present a/w Plaintiff. None present for Defendant. Exh.7 pursis for withdrawal of suit filed by Plaintiff. TOR. O- Heard plaintiff in person and his advocate. Plaintiff wish to withdraw the suit unconditionally. He is identified by his advocate. The ID proof in the form of Aadhar Card is perused. The copy of Aadhar card is filed along with Exh.7. In view of pursis Suit is disposed of as withdrawn. Court fees be refunded as per rules. NM 1818 of 2019 accordingly disposed. Nature Of Disposal: WITHDRAWL Disposal Date: 20-10-2023
Additional Case Details
Additional Case Details
Filing Number: 100722/2019 Filing Date: 17-01-2019 First Hearing Date: 14th June 2019 Decision Date: 20th October 2023 Court Number And Judge: 3-COURT 03 ADDL SESSIONS JUDGE
Orders
1Final Order 120 Oct 2023
20 Oct 2023
Order Details: Other Pdf Text: 20.10.2023 Sr. No. 13 SU 597/2019 NM 1818/2019 Exh.7 CORAM :- H.H.J. SMT. N. S. SHAIKH (CR. 03) Adv Kailash Gupta present a/w Plaintiff. None present for Defendant. Exh.7 pursis for withdrawal of suit filed by Plaintiff. TOR. O- Heard plaintiff in person and his advocate. Plaintiff wish to withdraw the suit unconditionally. He is identified by his advocate. The ID proof in the form of Aadhar Card is perused. The copy of Aadhar card is filed along with Exh.7. In view of pursis Suit is disposed of as withdrawn. Court fees be refunded as per rules. NM 1818 of 2019 accordingly disposed. Judge -- 1 of 1 --
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