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SUIT - SHORT CAUSE CIVIL SUIT

Matushree Damyantiben Devji Sangoi (Kutch Kapayawala) Charitable TrustVsAsst. Engineer +1 more

CNR MHCC0100074720186-COURT 06 ADDL. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 20th August 2022

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
100146/2018
Registration Date
16 Jan 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    Hindu Marriage Act · Sec 34 · 37 · 38

    Case History / Proceedings

    Case History
    Date: 17-01-2018
    Business: By precipe.
    Advocate for plaintiff is present and filed draft NM
    Advocate Mrs. Chavhan for BMC/deft present with officer Shri Nikhil Borse (Jr. Engr.)
    BMC is directed to no coercive action shall taken till next date.
    Adjourned for ad interim hearing to 19.01.2018.
    Next Purpose: N/M FOR AD-INTERIM
    Next Hearing Date: 19-01-2018
    
    Date: 19-01-2018
    Business: Advocate Mr. Gandhy for plaintiff present.
    Advocate Mrs. Chavhan for deft./BMC present and filed affidavit a/w documents
    Heard arguments by both the sides on ad interim.
    F.R.S.R. the following order is passed on Draft NM -
    ORDER
    1.    Ad interim relief is granted.
    2.  Defendant and their servants are hereby restrained from taking action on the basis of notice U/sec.351 of MMC Act bearing No.FS/DO2FS/204/351-MMC ACT/FS249NO1 dated 08/12/2017 and the order bearing Ref. No.49240 dated 06/01/2018.
    3.    Leave is granted to register the Notice of Motion.
    Adjourned for reply to NM/steps to 19.03.2018.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 19-03-2018
    
    Date: 19-03-2018
    Business: Advocate for plaintiff present and filed registered NM No.535/18 a/w original writ of summons.
    Advocate Mr. Sutar for deft./MMC present.
    Earlier order, if any, to continue till next date.
    Adjourned for filing reply/W.S. to 05.07.2018.
                                                                               Judge
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 05-07-2018
    
    Date: 05-07-2018
    Business: None present for plaintiff.
    Advocate Mrs. Chavhan for deft./MMC present.
    Adjourned for NM reply/hearing to 01.09.2018.
                                                                               Judge
    Next Purpose: REPLY
    Next Hearing Date: 01-09-2018
    
    Date: 01-09-2018
    Business: Advocate for plaintiff present and requested to continue the earlier order.
    Advocate Mrs. Meena Dhuri for deft./MMC present.
    Earlier order, if any, to continue till next date.
    Adjourned for NM hearing to 01.11.2018.
                                                                               Judge
    Next Purpose: REPLY
    Next Hearing Date: 01-11-2018
    
    Date: 01-11-2018
    Business: Advocate for plaintiff present.
    Advocate Mrs. Meena Dhuri for deft./MMC present.
    Earlier order, if any, to continue till next date.
    Adjourned for NM hearing to 19.01.2019.
                                                                               Judge
    Next Purpose: REPLY
    Next Hearing Date: 19-01-2019
    
    Date: 19-01-2019
    Business: Advocate for plaintiff present.
    Advocate Mr. Giri for deft./MMC present and requested short adjournment.
    Earlier order, if any, to continue till next date.
    Adjourned for NM reply to 02.04.2019.
                                                                               Judge
    Next Purpose: REPLY
    Next Hearing Date: 02-04-2019
    
    Date: 02-04-2019
    Business: None present for plaintiff.
    Advocate Mr. Giri for deft./MMC present and requested short time to file reply.
    Adjourned for NM reply to 23.07.2019.
                                                                               Judge
    Next Purpose: REPLY
    Next Hearing Date: 23-07-2019
    
    Date: 23-07-2019
    Business: Court busy in hearing urgent matters, board discharged and matter adjourned to 05.10.2019.
                                                                               Judge
    Next Purpose: REPLY
    Next Hearing Date: 05-10-2019
    
    Date: 05-10-2019
    Business: Advocate @ plaintiff is absent.
    Advocate for defendant/BMC present and requested short adjmt for filing NM reply.  Request is allowed.
    Adjourned for NM reply to 04/01/2020.
    Next Purpose: REPLY
    Next Hearing Date: 04-01-2020
    
    Date: 04-01-2020
    Business: Court is on leave.
    Next Purpose: REPLY
    Next Hearing Date: 27-02-2020
    
    Date: 27-02-2020
    Business: Advocate for plaintiff present.
    Advocate Dhuri for defendant/BMC present.
    Adjourned for N/M Reply to 23/06/2020.
    Next Purpose: REPLY
    Next Hearing Date: 23-06-2020
    
    Date: 23-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPLY
    Next Hearing Date: 30-07-2020
    
    Date: 30-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPLY
    Next Hearing Date: 19-09-2020
    
    Date: 19-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPLY
    Next Hearing Date: 12-11-2020
    
    Date: 12-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPLY
    Next Hearing Date: 11-02-2021
    
    Date: 11-02-2021
    Business: None for plaintiff.
    Advocate for defendant/BMC present.
    Adjourned for Ch/s reply to 17/04/2021.
    Next Purpose: C/S REPLY
    Next Hearing Date: 17-04-2021
    
    Date: 17-04-2021
    Business: Adjourned due to Covid-19
    Next Purpose: C/S REPLY
    Next Hearing Date: 12-06-2021
    
    Date: 12-06-2021
    Business: Adjd
    Next Purpose: C/S REPLY
    Next Hearing Date: 12-08-2021
    
    Date: 12-08-2021
    Business: None present for plaintiff
    Advocate Mrs. Dhuri for defendant/BMC Present and filed reply to N/M No. 535/2018.
    Adjd for N/M hearing to 21/10/2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-10-2021
    
    Date: 21-10-2021
    Business: Advocate Indira for plaintiff present.
    Advocate Smt. Meena Dhuri  for defendant/BMC present.
    With consent of both parties matter is referred to Maha Lokadalat on Dated 11.12.2021
    Adjd for Report to  13.01.2022
    Next Purpose: REPORT
    Next Hearing Date: 13-01-2022
    
    Date: 13-01-2022
    Business: In view of office order no.7/2022 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.
    Adjd for NM Hearing to 08.03.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-03-2022
    
    Date: 08-03-2022
    Business: Advocate Yashavi Panchal for plaintiff present and filed application for withdrawal of appearance Marked as Exh. 02. O -Seen and filed
    Advocate Smt. Meena Dhuri for defendant/BMC present.
    Issue Notice to Plaintiff on Court Motion
    Adjd for Appearance to  19.07.2022
    Next Purpose: FOR APPERANCE
    Next Hearing Date: 19-07-2022
    
    Date: 19-07-2022
    Business: None present for plaintiff.
    Advocate Smt. Meena Dhuri for defendant/BMC present.
    Notice already sent to plaintiff by post vide letter outward No. 707/22 dated 09.03.2022. Plaintiff failed to appeared. Hence suit is fixed for necessary order.
    Adjd for Necessary Order  to  20.08.2022
    Next Purpose: ORDER
    Next Hearing Date: 20-08-2022
    
    Date: 20-08-2022
    Business: None present for plaintiff
    Advocate Smt. Deepali Patil  for defendant/BMC present.
    Order – Today matter is fixed for dismissal order since plaintiff remained absent inspite of issuance of notice to  the plaintiff on Court Motion. The plaintiff remained absent so matter kept for Necessary Order. Today plaintiff absent when called repeatedly. Thus plaintiff is not interested to proceed with the suit. Hence it is dismissed for want of prosecution. Accordingly suit and Notice of Motion No. 535/2018  are finally disposed off.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 20-08-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 100908/2018
    Filing Date: 16-01-2018
    First Hearing Date: 13th March 2018
    Decision Date: 20th August 2022
    Court Number And Judge: 6-COURT 06  ADDL. SESSIONS JUDGE

    Orders

    3
    Final Order 2
    20 Aug 2022
    Order Details: Other
    Pdf Text: 14 Dt:20.08.2022
    SU 146/18
    CORAM : H.H.J. SHRI. R. K. KHOMANE ( C.R. No. 06 )
    None present for plaintiff
    Advocate Smt. Deepali Patil for defendant/BMC present.
    Order – Today matter is fixed for dismissal order since
    plaintiff remained absent inspite of issuance of notice to
    the plaintiff on Court Motion. The plaintiff remained
    absent so matter kept for Necessary Order. Today plaintiff
    absent when called repeatedly. Thus plaintiff is not
    interested to proceed with the suit. Hence it is dismissed
    for want of prosecution. Accordingly suit and Notice of
    Motion No. 535/2018 are finally disposed off.
    Judge
    -- 1 of 1 --
    Interim Order 1Full order available
    19 Jan 2018

    Order Details: Notice of Motion Pdf Text: Draft NM....2018 : 1 : SU.No.146/2018 IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY DRAFT NOTICE OF MOTION....2018. IN L.C. SUIT NO. 146 OF 2018 MATUSHREE DAMYANTIBEN DEVI SANGOI (KUTCHKAPAYAWALA) CHARITAABLE TRUST.. .. Plaintiff. Versus. 1. Asst. Engineer (B & Factories) "F/S" Ward & Ors.. .. Defendants. Ld. Advocate Mr. P.D.Gandhi for the Plaintiff. Ld. Advocate Mrs. Chavan for the Defendant/BMC. CORAM : HIS HONOUR JUDGE SHRI. G.B.GURAO DATE : 19th JANUARY,…

    Read Full Order
    Order 1Full order available
    19 Jan 2018

    Order Details: Notice of Motion Pdf Text: Draft NM....2018 : 1 : SU.No.146/2018 IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY DRAFT NOTICE OF MOTION....2018. IN L.C. SUIT NO. 146 OF 2018 MATUSHREE DAMYANTIBEN DEVI SANGOI (KUTCHKAPAYAWALA) CHARITAABLE TRUST.. .. Plaintiff. Versus. 1. Asst. Engineer (B & Factories) "F/S" Ward & Ors.. .. Defendants. Ld. Advocate Mr. P.D.Gandhi for the Plaintiff. Ld. Advocate Mrs. Chavan for the Defendant/BMC. CORAM : HIS HONOUR JUDGE SHRI. G.B.GURAO DATE : 19th JANUARY,…

    Read Full Order

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