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SUIT - SHORT CAUSE CIVIL SUIT

Leena Vinod PawarVsArti Sachin Jagtap +1 more

CNR MHCC0100090020183-COURT 03 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 07th March 2020

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
100226/2018
Registration Date
23 Jan 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    Hindu Marriage Act · Sec 38 · 39

    Case History / Proceedings

    Case History
    Date: 13-02-2018
    Business: (I/C. C.R. No.03)
    Adv. for plff. present.
    Deft. and his adv. absent.
    Original Wr/sum tendered by adv. for plff. t.o.r.
    Service affd. tendered by adv. for plff. t.o.r.
    The plff. has filed the service report against D/1 and 2.
    D/1 and 2 absent when called.
    Earlier order to continue till next date.
    Matter is adjd. to 18.04.2018 for order against D/1 and 2.
    Next Purpose: ORDER
    Next Hearing Date: 18-04-2018
    
    Date: 18-04-2018
    Business: Adv. Sachin Dere for applicant present and filed VP on behalf of applicant, taken on record
    He filed draft  notice of motion alongwith affidavit of service
    Leave granted to register draft notice of motion.
    He undertakes to serve the copy of notice of motion to the plaintiff.
    D-1 and 2 are served as per the original writ of summons. However they have not entered appearance. Hence suit to proceed exparte against D-1 and 2.
    Matter adj. for Compliance and NM Reply to 10.08.2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 10-08-2018
    
    Date: 10-08-2018
    Business: Adv. Ms. Sarita Donde for plaintiff present.
    Adv. Sachin Dere for proposed defendant present and filed original chamber summons no.762/2018 alongwith affidavit.
    He served the copy of CS no.762/2018 to the Ld. Counsel for plaintiff just now.
    Ld. Counsel for plaintiff seeks time to file reply to the CS.
    Matter adj. for CS Reply to 19.10.2018.
    Next Purpose: C/S REPLY
    Next Hearing Date: 19-10-2018
    
    Date: 19-10-2018
    Business: Adv. Sachin Dere for applicant in CS present.
    None for defendant.
    Last chance granted to file reply in CS to the plaintiff.
    Matter adj. for CS Reply to 07.12.2018.
    Next Purpose: C/S REPLY
    Next Hearing Date: 07-12-2018
    
    Date: 07-12-2018
    Business: None for plaintiff.
    None for defendant.
    Adv. Ms. Pooja for applicant in CS no. 762/2018 present.
    Plaintiff has not filed reply to chamber summons no.762/2018 despite grant of time on 10.08.2018 and 19.10.2018. Hence the hearing in CS no.762/2018 to proceed without reply.
    Matter adj. for CS Hearing to 02.04.2019.
    Next Purpose: C/S ARGUMENTS
    Next Hearing Date: 02-04-2019
    
    Date: 02-04-2019
    Business: None for plaintiff.
    Adv. Ms. Pooja Savare for applicant present and requested to keep back the matter.
    Kept back. Later on at 3.20 pm. Adv. Sachin Dere for applicant present. Heard Ld. counsel for applicant in CS no. 762/2018. At this stage, Adv. Ms. Sarita Donde for plaintiff present and submits that plaintiff has not given instructions and therefore she seeks time to issue notice to plaintiff by speed post.  Two weeks time is granted as a last chance.
    Matter adj. for further Arguments in CS no. 762/2018 to 22.04.2019.
    Next Purpose: C/S ARGUMENTS
    Next Hearing Date: 22-04-2019
    
    Date: 22-04-2019
    Business: Adv. Ms. Tawade for plaintiff present and requested to keep back the matter.
    None for defendant.
    This Court has already fixed the High Court Time Bound Matter  7559/1981for final arguments. Hence request for keeping back the matter is rejected.
    Matter adj. for CS Arguments to 11.06.2019.
    Next Purpose: C/S ARGUMENTS
    Next Hearing Date: 11-06-2019
    
    Date: 11-06-2019
    Business: Clerk of Adv. Sarita Donde for the plaintiff present.
    Adv. Sachin Dere for Defendant present.
    Application filed on behalf of defendant to produce the documents i.e. GPA and affidavit cum declaration.
    O- production is allowed.
    Heard ld. counsel for defendant and Clerk of Adv. Sarita Donde for the plaintiff. It is informed that plaintiff could not be contacted at the given address and no instructions are received. The letter and envelope has returned unserved. Adv. for plaintiff is directed to file affidavit of service.
    Matter stands Adj for hearing on CS to 17.07.19
    Next Purpose: HEARING
    Next Hearing Date: 17-07-2019
    
    Date: 17-07-2019
    Business: Plaintiff present.
    Adv. Sarita Donde for plaintiff present
    None present for defendant.
    Heard Ld. counsel for plaintiff. She submitted that the plaintiff is present today and she will get instructions from the plaintiff and will file reply on the next date. Time granted.
    Matter stands Adj for reply to CS on 13.08.19.
    Next Purpose: REPLY
    Next Hearing Date: 13-08-2019
    
    Date: 13-08-2019
    Business: Court is on leave
    Next Purpose: REPLY
    Next Hearing Date: 01-10-2019
    
    Date: 01-10-2019
    Business: Court is on leave
    Next Purpose: REPLY
    Next Hearing Date: 25-11-2019
    
    Date: 25-11-2019
    Business: None present for plaintiff and defendant present.
    Applicant (proposed defendant) present.
    Adv. Pooja Savale h/f Adv. Dere for applicant in CS present.
    Keep Back
    Later on 5.00 pm.
    Heard Ld. counsel for applicant in CS 762/18.  None present for plaintiff and defendant at the time of hearing of CS no. 762/18 at 5.00 pm.
    Matter stands Adj for order on CS no. 762/18 to 30.11.19.
    Next Purpose: ORDER
    Next Hearing Date: 30-11-2019
    
    Date: 30-11-2019
    Business: Adv. Zagade for plaintiff present.
    None present defendant.
    Matter stands Adj for CS Order to 16.12.2019.
    Next Purpose: ORDER
    Next Hearing Date: 16-12-2019
    
    Date: 16-12-2019
    Business: None present for plaintiff and defendant.
      FRSR following order is passed on CS no.762/18
                                      ORDER
    1.Chamber Summons No.762/2018 is hereby allowed.
    2.The plaintiff is directed to join the applicant as defendant no.3 in the suit, as prayed in the chamber summons, as per Schedule annexed with the chamber summons.
    3.The plaintiff shall carry out necessary amendment in the plaint within four weeks from today and shall submit amended copy of plaint and serve the same on other side within two weeks thereafter.
    C/S stands disposed of accordingly.
    Matter stands Adj for Compliance to 15.01.2020.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 15-01-2020
    
    Date: 15-01-2020
    Business: None present for plaintiff and defendant.
    Compliance is not made. Keep for order.
    Matter stands Adj for order to 17.02.2020.
    Next Purpose: ORDER
    Next Hearing Date: 17-02-2020
    
    Date: 17-02-2020
    Business: None present for plaintiff and defendant.
    As per order dated 16.12.2019, compliance is not made on 15.01.20 and also today. Hence, keep the matter for dismissal order.
    Matter stands Adj for dismissal order to 07.03.2020.
    Next Purpose: DISMISSAL
    Next Hearing Date: 07-03-2020
    
    Date: 07-03-2020
    Business: None present for plaintiff and defendant.
    Plaintiff and counsel are absent today and since long plaintiff has failed to comply with the order passed by this court dated 16.12.2019. Hence, today matter is kept for compliance, failing which for passing dismissal order.
    As plaintiff has failed to comply with the order of court dated 16.12.2019, suit is dismissed in default under order IX, R/08 of CPC. NM no. 403/18 is disposed of as infructuous.
    Nature Of Disposal: DISMISSED
    Disposal Date: 07-03-2020

    Additional Case Details

    Additional Case Details
    Filing Number: 100940/2018
    Filing Date: 16-01-2018
    First Hearing Date: 13th February 2018
    Decision Date: 07th March 2020
    Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    07 Mar 2020
    Order Details: Other
    Pdf Text: 07.03.2020
    08
    CORAM : HIS HONOR JUDGE, CITY CIVIL COURT
    SHRI. V.V. VIDWANS (Court Room No. 03)
    SU 226/18 @
    NM 403/18
    None present for plaintiff and defendant.
    Plaintiff and counsel are absent today and since long plaintiff has
    failed to comply with the order passed by this court dated
    16.12.2019. Hence, today matter is kept for compliance, failing
    which for passing dismissal order.
    As plaintiff has failed to comply with the order of court dated
    16.12.2019, suit is dismissed in default under order IX, R/08 of
    CPC. NM no. 403/18 is disposed of as infructuous.
    Judge
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