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SUIT - SHORT CAUSE CIVIL SUIT

Rajesh Pravinchandra ParekhVsKirti Suresh Asrani +6 more

CNR MHCC0100094220191-COURT 01 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 19th November 2022

TrustJury record updated 17 Sept 2026

Case Overview

Registration Number
100326/2019
Registration Date
06 Feb 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    8

    Acts & Sections

    2
    Hindu Marriage Act · Sec 34 · 38
    Protection of Women from Domestic Violence Act · Sec Order 39

    Case History / Proceedings

    Case History
    Date: 14-02-2019
    Business: Mentioned by pracipe. NOB. TOB.
    Adv. Srivastav h/f Adv. Sarogi for plaintiff tendered draft NM along with affidavit seeking ad-interim relief for restraining the defendants from entering upon the suit premises or cause any nuisance etc.  Leave to register is granted.   Issue writ of  summons for settlement of issues.  Leave is granted to the plaintiff to serve the same on defendant r/o 27.02.2019.
    Exh. 1 - Plaint
    Exh. 2 - Vakalatnama. O- Seen and filed.
    Exh. 3 - Address Memo. O- R and R.
    Exh. 4 - List of documents. O - Seen and filed.
    Exh. 5 - Affidavit in support of plaint.
    Adjd for report of summons and reply to NM to 27.02.2019.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 27-02-2019
    
    Date: 27-02-2019
    Business: Resumed.
    The P.O. is busy in hearing NM arguments in suit no. 1164/2018, 2783/2014 and 3399/2013 and order on NM  in suit no. 103/2014.  For want of time the board is discharged.
    Adjd for NM reply to  18.04.2019.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 18-04-2019
    
    Date: 18-04-2019
    Business: Resumed.
    Adv. Srivastav for plaintiff requested for time to serve the writ of summons.  Time is extended till next date.
    The P.O. is busy in hearing final arguments in Suit No. 8152/2000 and 9420/2000 and NM orders in Suit No. 563/2019.  For want of time the board is discharged.
    Adjd for NM reply to 12.07.2019.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 12-07-2019
    
    Date: 12-07-2019
    Business: Adv. Ravindra Singh for plaintiff present.
    Adv. for Krupa Parekh for deft. nos. 1 and 2 present.
    Adv. Pia for deft. no. 7 present.
    Vakalatnama filed on behalf of deft. no. 1. O-Seen and filed.
    Vakalatnama filed on behalf of deft. no. 2. O-Seen and filed.
    Vakalatnama filed on behalf of deft. no. 7. O-Seen and filed.
    The Ld. Counsel for the defendant nos. 1, 2 and 7 submitted that only writ of summons is served upon them. Plaint and NM not served upon them.
    Plaintiff has also not tendered registered NM.  Ld. counsel for the plaintiff undertakes to serve copy of plaint and NM to the deft. nos. 1, 2 and 7.  Plaintiff is directed  to comply the same on or before next date.  No proof of service of  writ of summons is filed.  Plaintiff to file affidavit of service of writ of summons in respect of other defendants.
    Matter is adjourned for compliance to 17.9.2019.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 05-08-2019
    
    Date: 05-08-2019
    Business: By precepie.
    Adv. Shailesh Dubey for plaintiff present.
    Reply filed by the plaintiff to NM filed by defendant.  O-Read and recorded.
    Matter Is adjourned for compliance to 17.9.2019.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 17-09-2019
    
    Date: 17-09-2019
    Business: Adv. Shrivastav for plaintiff present.
    Adv Rupa Parekh for defendant nos. 1 and 2 present.
    Registered NM no. 1897/19 along with affidavit tendered by the plaintiff. Plaintiff also filed affidavit of service.
    The Ld. counsel for the defendant no. 1 and 2 submitted that she has forwarded the reply to advocate for the plaintiff.
    Adjourned for NM hearing to 18.11.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-11-2019
    
    Date: 18-11-2019
    Business: None present for plaintiff.
    Adv. Mohitrao Jadhav for defendant nos. 5 and 6 present.
    Adv. Rupa Parekh for defendant nos. 1 and 2 present.
    Adv. Priya for defendant no. 7 present.
    Def. no. 7 filed reply to NM 1897/19
    Memo of appearance filed on behalf of defendant nos. 5 and 6.
    The Ld. Adovcate for the defendant nos. 5 and 6 submitted that the def. Nos. 5 and 6 were not served with the copy of the plaint, NM and annexures. Plaintiff to take steps to serve the copy of plant, NM and annexures to the defendant nos. 5 and 6.
    Adjourned for compliance and reply of def. nos.5 and 6 to NM to 7.1.2020.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 07-01-2020
    
    Date: 07-01-2020
    Business: Presiding Officer is on leave.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 06-03-2020
    
    Date: 06-03-2020
    Business: None for plaintiff.
    Adv. Aishwarya Venkatraman for deft. nos.1 and 2 present.
    Adv. Omkar Dalvi for deft. no.7 present.
    None present on behalf of plaintiff and also on behalf of deft. nos.5 and 6 to inform about the compliance of the order dated 18.11.2019 for supplying the copy of plaint, N/M and annexures to deft. nos.5 and 6.
    The matter is adjd for further order to 15.06.2020.
    Next Purpose: ORDER
    Next Hearing Date: 15-06-2020
    
    Date: 15-06-2020
    Business: In view of declaration of Novel Corona Virus (COVID 19 as Global Pandemic by WHO and Office Orders, matter is adjourned.
    Next Purpose: ORDER
    Next Hearing Date: 04-08-2020
    
    Date: 04-08-2020
    Business: In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned.
    Next Purpose: ORDER
    Next Hearing Date: 22-09-2020
    
    Date: 22-09-2020
    Business: Both the parties are absent.  Due to Covid-19, the matter is adjourned for order to 27.10.2020.
    Next Purpose: ORDER
    Next Hearing Date: 27-10-2020
    
    Date: 27-10-2020
    Business: Both the parties and advs absent
    As the Court is busy in other matters, the matter is adjd to 23/11/2020.
    Next Purpose: ORDER
    Next Hearing Date: 23-11-2020
    
    Date: 23-11-2020
    Business: Due to Covid-19, the matter is adjourned to 17.12.2020.
    Next Purpose: ORDER
    Next Hearing Date: 17-12-2020
    
    Date: 17-12-2020
    Business: Court is on leave
    Next Purpose: ORDER
    Next Hearing Date: 27-01-2021
    
    Date: 27-01-2021
    Business: None present.
    The matter is adjd for further order against plaintiff for non-compliance of order dated 18.11.2019 for supply of copy of plaint, N/M and annexures to deft. nos.5 and 6 to 10.03.2021.
    Next Purpose: ORDER
    Next Hearing Date: 10-03-2021
    
    Date: 10-03-2021
    Business: None for plaintiff.
    Adv. Dinesh Sharma for deft. nos.1 and 2 present.
    There is nothing on the record to show that the plaintiff has complied the order dated 18.11.2019.  Put case for dismissal against deft. nos.5 and 6.
    The matter is adjd for dismissal against deft. nos.5 and 6 to 04.05.2021.
    Next Purpose: DISMISSAL
    Next Hearing Date: 04-05-2021
    
    Date: 04-05-2021
    Business: Due to Covid-19, matter is adjourned.
    Next Purpose: DISMISSAL
    Next Hearing Date: 10-08-2021
    
    Date: 10-08-2021
    Business: None present.
    Keep the matter for dismissal of NM.
    Matter adjd for NM dismissal on 08.11.2021.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 08-11-2021
    
    Date: 08-11-2021
    Business: None present for plaintiff.
    Adv. Aaishvarya  Venkatraman for defendants no. 1 and 2 is present.
    Matter adjd for dismissal on 04.02.2022.
    Next Purpose: DISMISSAL
    Next Hearing Date: 04-02-2022
    
    Date: 04-02-2022
    Business: As per Office Order No. \''07 of 2022\'' and \''03 of 2022\'' only urgent matter is to be taken up for hearing therefore matter is adjd to 21/04/2022 for Dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 21-04-2022
    
    Date: 21-04-2022
    Business: None appeared.
    Today the matter is under the caption of dismissal.
     ORDER below NM No. 1897 of 2019.
    None appeared.  Perused the record plaintiff has not complied with the order dated 18.11.2019.  Since 10.08.2021 the NM is kept of dismissal.  Hence, NM no. 1897 of 19 is dismissed and default.  It be removed from the board.
    Matter is adjd for directions on 18-08-2022
    Next Purpose: DIRECTIONS
    Next Hearing Date: 18-08-2022
    
    Date: 18-08-2022
    Business: None present for plaintiff and defendant.
    Matter be kept for dismissal order.
    Matter adjd to 19.11.2022 for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 19-11-2022
    
    Date: 19-11-2022
    Business: None present for plaintiff and defendant.
    Roznama shows that since 18.11.2019, none present for plaintiff. Therefore the matter is kept for dismissal. Today also none present for the plaintiff when the matter is called. It seems that the plaintiff has lost interest in the matter. Hence, matter stands dismissed in default.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 19-11-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 100959/2019
    Filing Date: 22-01-2019
    First Hearing Date: 14th February 2019
    Decision Date: 19th November 2022
    Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    19 Nov 2022
    Order Details: Other
    Pdf Text: Back
    Daily Status
    IN THE COURT OF :COURT 01 ADDL SESSIONS JUDGE
    Case No. :SUIT/0100326/2019
    Rajesh Pravinchandra Parekh Vs Kirti Suresh Asrani
    Date : 19112022
    Business : None present for plaintiff and defendant. Roznama
    shows that since 18.11.2019, none present for
    plaintiff. Therefore the matter is kept for dismissal.
    Today also none present for the plaintiff when the
    matter is called. It seems that the plaintiff has lost
    interest in the matter. Hence, matter stands
    dismissed in default.
    Nature of Disposal : DISMISSED IN DEFAULT
    Disposal Date : 19112022
    COURT 01 ADDL SESSIONS JUDGE
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