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SUIT - SHORT CAUSE CIVIL SUIT

Mrs. Shalan Haribhau UghadeVsThe State of Maharashtra

CNR MHCC0100091020209-COURT 09 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DECREED
Decision Date: 10th May 2024

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100974/2020
Registration Date
02 Mar 2020

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 23-03-2020
    Next Purpose: DIRECTIONS
    Next Hearing Date: 01-04-2020
    
    Date: 01-04-2020
    Next Purpose: DIRECTIONS
    Next Hearing Date: 16-04-2020
    
    Date: 16-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: DIRECTIONS
    Next Hearing Date: 05-05-2020
    
    Date: 05-05-2020
    Next Purpose: DIRECTIONS
    Next Hearing Date: 27-05-2020
    
    Date: 27-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: DIRECTIONS
    Next Hearing Date: 12-06-2020
    
    Date: 12-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: DIRECTIONS
    Next Hearing Date: 06-10-2020
    
    Date: 06-10-2020
    Business: Court is on  leave
    Next Purpose: DIRECTIONS
    Next Hearing Date: 02-02-2021
    
    Date: 02-02-2021
    Business: Adv. Ms. Richa Singh for  the plaintiff.
    On oral request of the advocate for the plaintiff, time to serve summons to defendants is extended till next date.
    Matter is adjd. to 20/04/2021 for service of summons.
    Next Purpose: SERVICE
    Next Hearing Date: 20-04-2021
    
    Date: 20-04-2021
    Business: Due to Covid-19
    Next Purpose: SERVICE
    Next Hearing Date: 15-07-2021
    
    Date: 15-07-2021
    Business: Due to COVID-19
    Next Purpose: SERVICE
    Next Hearing Date: 09-09-2021
    
    Date: 09-09-2021
    Business: Court is on leave.
    Next Purpose: SERVICE
    Next Hearing Date: 16-10-2021
    
    Date: 16-10-2021
    Business: As  per Office Order No.213 of 2021. Holiday is declared today. Hence, Matter is adjd. to 23/10/2021.
    Next Purpose: SERVICE
    Next Hearing Date: 23-10-2021
    
    Date: 23-10-2021
    Business: Adv. Mr. Vijay Kumar Kamble for the plaintiff present.
    Adv. Mr. Khatib for the defendant/State is present.
    Matter is adjd. to 21/12/2021 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 21-12-2021
    
    Date: 21-12-2021
    Business: Adv. Vijaykumar for Plff present.
    Ld. Adv. for Plff request short date for service.
    Matter is adjd. to 15-03-2022 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 15-03-2022
    
    Date: 15-03-2022
    Business: Adv.Vijaykumar Kamble h/f Adv. Shrinivas Singh  for Plff. present.
    Adv. Khatib for Deft. present.
    Ld. Adv. for Plff. submits that corporation is not made party to the suit. He will take necessary steps on next date.
    Matter is adjd. to 08-06-2022 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 08-06-2022
    
    Date: 08-06-2022
    Business: Adv. Richa Singh for plaintiff present and request for short date.
    Adv. Khatib for defendant no. 1 present.
    Adv. for plaintiff submit that corporation is not made party in civil suit hence she will take necessary steps to make party.
    Matter is adjd. to 12-07-2022 for steps
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 12-07-2022
    
    Date: 12-07-2022
    Business: Adv.Richa Singh for plaintiff present. She is seeking time for taking steps. Time granted.
    Adv. Khatib for defendant no.1 present.
    Matter is adjd.to 07.09.2022 for taking steps
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 07-09-2022
    
    Date: 07-09-2022
    Business: Adv. Richa Singh for plaintiff present and tendered draft ch/s alongwith affidavit in support. TOR. O - Leave is granted to register ch/s.
    Adv. Priyanka Gaonkar h/f Adv. Khatib for defendant/state present.
    Matter is adjd. to 10.11.2022 for taking steps and service affidavit.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 10-11-2022
    
    Date: 10-11-2022
    Business: Adv. Vijaykumar Kamble h/f Adv. S. C. Singh for plaintiff present and tendered registered ch/s No. 1707/22 alongwith affidavit in support.
    None present for defts.
    Matter is adjd. to 23.12.2022 for CS reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 23-12-2022
    
    Date: 23-12-2022
    Business: None present for the parties.
    Matter is adjourned to 21.02.2023 for Chamber Summons Reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 21-02-2023
    
    Date: 21-02-2023
    Business: As Court is busy hearing argument in High Court Time Bound Rev. Petition No. 22/2023. Hence, Board is discharged.
    Matter is adjourned to 12.04.2023 for Chamber Summons reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 12-04-2023
    
    Date: 12-04-2023
    Business: Adv. Vijaykumar Kamble h/f Adv. S.C. Singh for plaintiff present and tendered draft Chamber Summons alongwith affidavit in support. T.O.R. O-Leave is granted to register Chamber Summons. Copy served to defendant/State.
    Adv. Siddharth Khedekar h/f Adv. Khatib for defendant No. 1 present.
    Matter is adjourned to 22.06.2023 for Chamber Summons reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 22-06-2023
    
    Date: 22-06-2023
    Business: Adv. Mr. Vijaykumar Kamble h/f Adv. S.C. singh for the plaintiff is present.
    Adv. Mr. Suraj Kudalkar for defendant/State is present.
    Adv. for the plaintiff seeks time to file affidavit of service of Ch/s. Time is granted.
    Adjourned for affidavit of service to 17.08.2023.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 17-08-2023
    
    Date: 17-08-2023
    Business: Adv. Mr. Ritesh Singh h/f Adv. G.C.Singh  for the plaintiff is present.
    Adv. Ms. Vaibhavi Pawar h/f Adv. Khatib for defendant No.1/
    State is present.
    Adv. for the plaintiff filed affidavit of service. TOR.
    Adv. for the defendant seeks time to file reply to Ch/s. Time is granted.
    Matter is adjourned to 20.10.2023 for Ch/s reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 20-10-2023
    
    Date: 20-10-2023
    Business: Adv. Mr. Ritesh Singh for the plaintiff is present.
    None present for the defendant.
    Adv. for the plaintiff filed original registered Ch/s No.  957/2023 along-with affidavit in support. TOR.
    Matter is adjourned to 15.12.2023 for Ch/s reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 15-12-2023
    
    Date: 15-12-2023
    Business: Adv. Ms. Richa Singh for the plaintiff is present.
    Adv. Mr. Sachin Kadam h/f Adv. Khatib for defendant/State is present.
    Adv. for the plaintiff not pressed Ch/s No. 1707/2022. Hence, Ch/s No. 1707/2022 stands disposed off as withdrawal.
    The following order is passed on Ch/s No. 957/2023:
    	Plaintiff has taken out present Ch/s to amend the plaint by impleding MCGM as party defendant No. 2 in the suit. Perused Ch/s and affidavit in support of Ch/s. Considering the submissions it would be just and proper to implead MCGM as party defendant No. 2 in the matter. Hence, I proceed to pass following order.
    ORDER
    1.	Chamber Summons No. 957 of 2023 is made absolute.
    2.	Plaintiff to carry out necessary amendment and to supply 	copy of amended plaint on record within 14 days.
    3.	Chamber Summons No. 957 of 2023 stands disposed off.
    Matter is adjourned to 03.01.2024 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 03-01-2024
    
    Date: 03-01-2024
    Business: Adv. Mr.Ritesh Singh for the plaintiff is present.
    Adv. Mr. Kudalkar for defendant no.1/State is present.
    Adv. Mrs.Chandramore for defendant no.2/BMC is present.
    Advocate for plaintiff submitted to amended copy of plaint and already serve to other side.
    Advocate seeks time to file affidavit of service of defendant no.2.
    Advocate for defendant no.1 seeks time to WS.
    Matter is adjourned to 17.01.2024  for Service affidavit and WS.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 17-01-2024
    
    Date: 17-01-2024
    Business: Adv. Mr. Ritesh Singh h/f Adv. Singh for the plaintiff is present.
    None present for defendant no.1.
    Adv. Mrs.Chandramore  for defendant no.2/BMC is present.
    Advocate for plaintiff tendered affidavit of service regarding defendant no.2.
    Advocate for defendants seek time to file affidavit of evidence.
    Matter is adjourned to 09.02.2024 for WS.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 09-02-2024
    
    Date: 09-02-2024
    Business: Court is on leave. Hence, board discharged matter adjd to
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 26-02-2024
    
    Date: 26-02-2024
    
    Date: 21-03-2024
    Business: Adv. Ms.Richa Singh h/f Adv. S.C.Singh for the plaintiff is present.
    Adv. Mr.Khatib for defendant no.1/State is present.
    Defendant no.1 and 2 failed to file WS. Hence, no WS order is passed against defendant no.1 and 2.
    Matter is adjourned to 29.04.2024 for evidence.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 29-04-2024
    
    Date: 29-04-2024
    Business: Adv. Ms.Richa Singh h/f Adv. S.C.Singh for the plaintiff is present.
    Adv. Mr.Khatib for defendant no.1/State is present.
    Adv. Mrs.Chandramore for defendant no.2/BMC is present.
    Exh.1- Plaint.
    Exh.2- VN.
    Exh.3-Memorandum of Address.
    Exh.4- List of documents.
    Adv. for plaintiff filed affidavit in examination chief of PW-1, Mrs.Shalan Haribhau Ughade and marked at Exh-5 and she also filed compilation of original documents and marked at Exh-6.
    Matter is adjourned to 02.05.2024 for R.E.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 02-05-2024
    
    Date: 02-05-2024
    Business: Adv. Ms.Priti Shukla h/f Adv. S.C.Singh for the plaintiff is present.
    Adv. Mr.Khatib for defendant no.1/State is present.
    Adv. for defendant no.1 filed say on Exh-6.
    Perused say filed on list of Exgh-6 following documents are exhibted at list Exh-6.
    Original Aadhar Card, Electricity Bill and Ration Card and marked at Exh-7 Colly.
    Original/Copy of the certificate issued by Powai Police Station, Mumbai dtd.10.05.2010 and marked at Exh-8.
    Original/The copy of the Aaplla Mahanagar News Paper along with his photographs and other details on 01.07.2019 and marked at Exh-9.
    Original letter dated 25.04.2018 and marked at Exh-10.
    Matter is adjourned to 06.05.2024 for R.E.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 06-05-2024
    
    Date: 06-05-2024
    Business: Plaintiff is present.
    Adv. Ms.Richa Singh h/f Adv. S.C.Singh for the plaintiff is present.
    Adv. Mr.Sachin Kadam h/f Adv. Khatib for defendant/State is present.
    Adv. Mrs.Chandramore for defendant/BMC is present.
    Cross-examination of PW-1 commence and completed by adv. for defendant no. 1 and 2.
    Adv. for plaintiff filed evidence close pursis taken on record and marked at Exh-11.
    Heard argument by ld adv. for plaintiff and defendants.
    Matter is adjourned to 10.05.2024 for Judgment.
    Next Purpose: JUDGMENT
    Next Hearing Date: 10-05-2024
    
    Date: 10-05-2024
    Business: Adv. Mr. Ritesh Singh for plaintiff is present.
    Adv. Mr. R. S. Khatib for defendant no. 1/State is present.
    Adv. Mrs. Chandramore for defendant no. 2/BMC is present.
    Judgment is dictated and pronounced in open court.
    The Judgment marked at Exh-
    F.R.S.R. the following Order is passed on Suit No. 974 of 2020.
    ORDER
           1. The  suit No.974 of 2020 is hereby decreed.
           2.It is hereby declared that the husband of the plaintiff Shri. Haribhau Bhikaji Ughade is not being heard of for more than last seven years and he is Civil Dead.
           3.The defendants are directed to register the death of Shri. Haribhau Bhikaji Ughade and to issue death certificate accordingly.
           4. No order as to costs of the suit.
           5. Decree be drawn up accordingly.
           6. The original documents, if any, be returned to the plaintiff after the appeal period is over.
    7.The suit stands disposed of accordingly.
    Nature Of Disposal: DECREED
    Disposal Date: 10-05-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 101007/2020
    Filing Date: 21-01-2020
    First Hearing Date: 23rd March 2020
    Decision Date: 10th May 2024
    Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    10 May 2024

    Order Details: Copy of Judgment Pdf Text: 1 Lodged on : 21.01.2020 Registered on : 02.03.2020 Decided on : 10.05.2024 Duration : 04 Y : 03 M : 19 D EXHIBIT-12 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY SUIT NO. 974 OF 2020 (C.N.R. NO. MHCC01-000910-2020) Shalan Haribhau Ughade ] Age 63 years, Occ. : Service ] R/a. : Gautam Nagar, Opp. IIT ] Main Gate, Powai, Mumbai – 400 076] ... Plaintiff. V/s. 1. The State of Maharashtra,…

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