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SUIT - SHORT CAUSE CIVIL SUIT

Deva Bhimji GorVsJanki Developers and Indicom Construction Pvt. Ltd. +1 more

CNR MHCC01000967201962-COURT 62 AD-HOC ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 07th October 2023

TrustJury record updated 17 Sept 2026

Case Overview

Registration Number
100743/2019
Registration Date
15 Mar 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 39

    Case History / Proceedings

    Case History
    Date: 05-04-2019
    Business: Resumed.
    None for plaintiff.
    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.
    O - Issue suit summons for settlement of issues r/o 10.07.2019.
    Adjd for report to 11.07.2019.
    Next Purpose: REPORT
    Next Hearing Date: 11-07-2019
    
    Date: 11-07-2019
    Business: None present for Plaintiff.
    None present for Defendant.
    As the court is busy in dictating judgment in suit No.6986/06. Hence, board is discharged.
    Case is adjourned to 11.10.2019 for report.
    Next Purpose: REPORT
    Next Hearing Date: 11-10-2019
    
    Date: 11-10-2019
    Business: Advocate Rohit Naik for Plaintiff present and filed draft Notice of Motion with affidavit in support of Notice of Motion.  Leave to register Notice of Motion is granted.  Plaintiff is directed to serve copy of NM upon other side.
    None present for Defendant.
    Court is busy in hearing final arguments in suit no.8472/86, hence case is adjourned to 02/12/2019.
    Next Purpose: REPORT
    Next Hearing Date: 02-12-2019
    
    Date: 02-12-2019
    Business: Adv. Rohit Naik for plaintiff present and filed original writ of summons alongwith affidavit of service. t.o.r.
    He also filed registered N/M no. 3899/19 along with affidavit of service.
    Adv. Vaibhav Karnik for defendant.
    Case is adjourned to 08.01.2020 for N/M Reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 08-01-2020
    
    Date: 08-01-2020
    Business: Advocate Mr. Rohit Naik for Plaintiff present.
    None present for Defendant.
    Case is adjourned to 27/03/2020 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 27-03-2020
    
    Date: 08-01-2020
    Business: Advocate Mr. Rohit Naik for Plaintiff present.
    None present for Defendant.
    Case is adjourned to 27/03/2020 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 27-03-2020
    
    Date: 27-03-2020
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 08-04-2020
    
    Date: 27-03-2020
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 08-04-2020
    
    Date: 08-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 20-04-2020
    
    Date: 08-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 20-04-2020
    
    Date: 20-04-2020
    Business: National Lock down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 30-05-2020
    
    Date: 20-04-2020
    Business: National Lock down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 30-05-2020
    
    Date: 30-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-06-2020
    
    Date: 30-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-06-2020
    
    Date: 17-06-2020
    Business: Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 12/08/2020.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 12-08-2020
    
    Date: 17-06-2020
    Business: Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 12/08/2020.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 12-08-2020
    
    Date: 12-08-2020
    Business: As holiday hence adjourned tomorrow.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 13-08-2020
    
    Date: 13-08-2020
    Business: Due to corona pandemic and lockdown
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-10-2020
    
    Date: 13-08-2020
    Business: Due to corona pandemic and lockdown
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-10-2020
    
    Date: 17-10-2020
    Business: None present for plaintiff.
    None present for defendant.
    Due to Corona Pandemic it seems that parties are absent, hence case is adjd.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 19-01-2021
    
    Date: 19-01-2021
    Business: None present for plaintiff.
    None present for defendant.
    As nobody present for both the parties, considering present
    pandemic condition matter is adjd. for reply to NM on
    27.04.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 27-04-2021
    
    Date: 27-04-2021
    Business: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 28-07-2021
    
    Date: 28-07-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 07-10-2021
    
    Date: 07-10-2021
    Business: None present for both parties.
    Despite granting several opportunities, defts failed to file reply hence, N.M.No.3899/2019 to proceed without reply of the defts.
    Matter is adjd. for NM hearing to 09.12.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-12-2021
    
    Date: 09-12-2021
    Business: None present for both parties.
    As nobody is present for plff, NM 3899/2019 be kept for dismissal order.
    Matter is adjd. for NM dismissal to 21.02.2022.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 21-02-2022
    
    Date: 21-02-2022
    Business: None present for both parties.
    K.B.
    L.O. at 4.35 p.m.
    None appeared for both the parties despite keeping back the matter till 4.35 p.m.Plaintiff failed to argue Notice of Motion No.3899 of 2019 hence, said Notice of Motion No.3899 of 2019 is dismissed in default for want of time.
    Defendants failed to file written statement hence, suit to proceed without written statement against defendant.
    Adjourned for evidence without written statement to 05.05.2022.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 05-05-2022
    
    Date: 05-05-2022
    Business: None present for both parties.
    Today’s is the first date for evidence of plff after the matter is ordered to proceed further without WS.
    AS nobody is present for both parties, matter is adjd. for evidence without WS to 21.07.2022.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 21-07-2022
    
    Date: 21-07-2022
    Business: None present for both sides. Evidence not filed. Keep for dismissal.
    Matter adjd to 04.10.2022 for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 04-10-2022
    
    Date: 04-10-2022
    
    Date: 05-01-2023
    
    Date: 17-03-2023
    Business: None present for both sides. Considering hte nature of dispute, matter is referred to lok-adalat.
    Matter adjd to 30.04.2023 for lok-adalat.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 30-04-2023
    
    Date: 30-04-2023
    Business: NATIONAL LOK-ADALAT HELD ON 30/04/2023 (Panel-II)
    Matter pertaining to C.R. No.62.
    Both parties are absent.
    K.B.
    L.O.   at 1.10 p.m.
    Both parties are absent.
    Matter is adjd. to 21/06/2023.
    Next Purpose: DISMISSAL
    Next Hearing Date: 21-06-2023
    
    Date: 21-06-2023
    Business: None present.
    Matter is adjd.to 18-08-2023 for Dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 18-08-2023
    
    Date: 18-08-2023
    Business: None for plaintiff.
    None for defendant
    Matter is adjd.to 15-09-2023 for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 15-09-2023
    
    Date: 15-09-2023
    Business: Court is on leave.
    Next Purpose: DISMISSAL
    Next Hearing Date: 07-10-2023
    
    Date: 07-10-2023
    Business: None for plaintiff.
    None for defendant
    From the perusal of the record, it seen that on 21-02-2022 since the plaintiff failed to make submission in his NM No. 3899/19, the said NM came to be dismissed for default and the suit was posted for plaintiff evidence in absence of the written statement of the defendants it also reveal that on 21-07-2022 none being present for the plaintiff. The matter was posted for  dismissal order. The plaintiff being continuously remaining absent to prosecuting the suit against the defendants since last more than 3 years. Hence, there is no justification to keep the suit pending anymore but to dismiss the same for default. Suit stands accordingly dismissed.
    Nature Of Disposal: DISMISSED
    Disposal Date: 07-10-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 101071/2019
    Filing Date: 24-01-2019
    First Hearing Date: 05th April 2019
    Decision Date: 07th October 2023
    Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    07 Oct 2023
    Order Details: Other
    Pdf Text: Back
    Daily Status
    IN THE COURT OF :COURT 62 ADDL SESSIONS JUDGE
    Case No. :SUIT/0100743/2019
    Deva Bhimji Gor Vs Janki Developers and Indicom Construction Pvt. Ltd.
    Date : 07-10-2023
    Business : None for plaintiff. None for defendant From the perusal of the
    record, it seen that on 21-02-2022 since the plaintiff failed to
    make submission in his NM No. 3899/19, the said NM came
    to be dismissed for default and the suit was posted for plaintiff
    evidence in absence of the written statement of the defendants
    it also reveal that on 21-07-2022 none being present for the
    plaintiff. The matter was posted for dismissal order. The
    plaintiff being continuously remaining absent to prosecuting
    the suit against the defendants since last more than 3 years.
    Hence, there is no justification to keep the suit pending
    anymore but to dismiss the same for default. Suit stands
    accordingly dismissed.
    Nature of Disposal : DISMISSED
    Disposal Date : 07-10-2023
    COURT 62 ADDL SESSIONS JUDGE
    Print
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