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SUIT - SHORT CAUSE CIVIL SUIT

Hemnagi Ramesh RogeVsHira Dayanand Mulki

CNR MHCC0100122720191-COURT 01 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 29th November 2023

TrustJury record updated 17 Sept 2026

Case Overview

Registration Number
100698/2019
Registration Date
12 Mar 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Hindu Marriage Act · Sec 34 · 37

    Case History / Proceedings

    Case History
    Date: 02-04-2019
    Business: plff. and his adv. absent.
    deft. and his adv. absent.
    Issue writ of summons to the defts.
    Matter is adjd. to. 17.07.2019 for report of service of writ of summons.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 17-07-2019
    
    Date: 17-07-2019
    Business: Adv. for plff present.
    Deft and his advocate absent.
    Issue writ of summons to the defendant.
    Advocate for plaintiff filed the application for Issue of Writ of Summons.
    Keep the matter for Service report.
    Matter is adjd. to. 25/09/2019 for Report of Service.
    Next Purpose: REPORT
    Next Hearing Date: 25-09-2019
    
    Date: 25-09-2019
    Next Purpose: REPORT
    Next Hearing Date: 21-11-2019
    
    Date: 21-11-2019
    Business: Adv. Chaturvedi for plff present.
    None for deft.
    On oral request of advocate for plaintiff, last chance is granted for filing report of service of writ of summons to 05.02.2020.
    Next Purpose: REPORT
    Next Hearing Date: 05-02-2020
    
    Date: 05-02-2020
    Business: Adv. K. H. Chturvedi    for plaintiff present and tendered original writ of summons (Exh. 4)
    As per the report of belief summons is serve to the the defendant.
    None for defendants.
    Adjd to  01-04-2020  for WS .
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 01-04-2020
    
    Date: 01-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 16-04-2020
    
    Date: 16-04-2020
    Business: As per office order no.77/2020 dated 43.5.2020 and due to lock-down, matter is adjourned.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 05-05-2020
    
    Date: 05-05-2020
    Business: As per office order no.77/2020 dated 04.05.2020 and due to lock-down, matter is adjourned.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 27-05-2020
    
    Date: 27-05-2020
    Business: In view of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pademic by WHO and as per Office Order 78 of 2020, matter adjourned
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 12-06-2020
    
    Date: 12-06-2020
    Business: In view of declaration of Novel Corona Virus (COVID 19 as Global Pandemic by WHO and Office Order No.83/2020, matter is adjourned.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 24-09-2020
    
    Date: 24-09-2020
    Business: Both the parties are absent.  Due to Covid-19, the matter is adjd to 03.11.2020.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 03-11-2020
    
    Date: 03-11-2020
    Business: Both the parties and their advs absent.  Due to COVID 19, the matter is adjd
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 13-01-2021
    
    Date: 13-01-2021
    Business: None present.
    The matter is adjd for further order to 08.03.2021.
    Next Purpose: ORDER
    Next Hearing Date: 08-03-2021
    
    Date: 08-03-2021
    Business: Adv. K.H. Chaturvedi for plaintiff present.
    None for deft.
    As per the report (Exh.4), the daughter of deft. was served.  She being a female member, as per Order 5 Rule 15 C.P.C. (Bombay Amendment), the writ of summons was required to be served upon male member hence, it appears that there is no service to the deft.
    Plaintiff to take steps to serve writ of summons to deft.
    Issue fresh writ of summons through bailiff.
    The matter is adjd for affidavit of service to 23.04.2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 23-04-2021
    
    Date: 23-04-2021
    Business: In view of office order no.81/2021 dated 17.04.2021, the matter not being urgent, is adjourned to 02.08.2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 02-08-2021
    
    Date: 02-08-2021
    Business: Adv. K.H. Chaturvedi for plaintiff present.
    None for defendant.
    On oral request of Adv.for the plaintiff, time is granted to take steps for serving fresh writ of summons upon defendant through Court Bailiff upon necessary charges.
    Matter adjd for return of summons on 23.09.2021.
    Next Purpose: SERVICE
    Next Hearing Date: 23-09-2021
    
    Date: 23-09-2021
    Business: None present.
    Matter adjd for service on 19.01.2022.
    Next Purpose: SERVICE
    Next Hearing Date: 19-01-2022
    
    Date: 19-01-2022
    Business: As per Office Order No. \''07of 2022\'' and \''03 of 2022\'' only urgent matter is to be taken up for hearing therefore matter is adjd to 06/04/2022 for Service.
    Next Purpose: SERVICE
    Next Hearing Date: 06-04-2022
    
    Date: 06-04-2022
    Business: P. O. is on leave.
    Next Purpose: SERVICE
    Next Hearing Date: 05-08-2022
    
    Date: 05-08-2022
    Business: Adv. S.S. Pandey for plaintiff is present.
    None present for defendant.
    He filed an application for issue fresh writ of summons to defendant. T.O.R marked as Exh5..
    Matter adjd to 01.11.2022 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 01-11-2022
    
    Date: 01-11-2022
    Business: Adv. Advani for plaintiff is present.
    None present for defendant.
    On oral request for Ld. Advocate for plaintiff matter adjourned.
    Matter adjd to 06-01-2023 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 06-01-2023
    
    Date: 06-01-2023
    Business: Adv. Chaturvedi for plaintiff is present.
    As Court is busy in dictating judgment in SU No. 219/88 and SU No. 17/89. Hence, matter adjourned.
    Matter adjd to 10.03.2023 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 10-03-2023
    
    Date: 10-03-2023
    Business: P.O. is on leave matter adjd.to
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 26-04-2023
    
    Date: 26-04-2023
    Business: Plaintiff is present.
    Adv. K.H. Chaturvedi for plaintiff is present.
    None present for defendant.
    The Ld.Adv.for plaintiff has filed affidavit of service a/w Bailiff report t.o.r marked at Exh.6.
    O-The Bailiff report shows that the writ of summons a/w copy of plaint duly served on the sole defendant. However, the defendant failed to appear. Hence, the matter proceeded ex-parte against defendant.
    Matter adjd to 05.07.2023 for ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 05-07-2023
    
    Date: 05-07-2023
    Business: Adv. K. H. Chaturvedi for plaintiff is present.
    Ex-parte for defendant.
    On oral request of Ld. Adv. for plaintiff, matter is adjourned.
    Matter adjd to 15.09.2023 for Ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 15-09-2023
    
    Date: 15-09-2023
    Business: Adv. Chaturvedi for plaintiff is present.
    None present for defendant.
    KB
    L.O. at 1.08 pm
    Same appearance for plaintiff.
    PW- 1 Hemangi Roge is present.
    The plaintiff has filed affidavit of examination in chief of PW-1. TOR. Exh. 7. O- Read and recorded.
    The plaintiff has filed compilation of documents. TOR. Exh. 8. O – Seen.
    Oath is administered to the witness.
    She admitted the contents of affidavit of examination-in-chief is true and correct. It bears her signature.
    Heard the Ld. Advocate for plaintiff on admission and denial.
    The plaintiff has filed original affidavit cum sale deed, power of attorney and original photo pass. Hence, they are marked as Exh. 9 to 11 respectively.
    The plaintiff has filed evidence closing pursis. TOR. Exh. 12.
    Matter adjd to 03.11.2023 for final argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 03-11-2023
    
    Date: 03-11-2023
    Business: Adv.K.A. Chaturvedi for plaintiff is present and filed written notes of argument TOR marked as Exh.13.
    O-Seen.
    None for defendant.
    Matter adjd to 29-11-2023 for Judgment.
    Next Purpose: JUDGMENT
    Next Hearing Date: 29-11-2023
    
    Date: 29-11-2023
    Business: None present for plaintiff and defendant.
    Judgment at Exh. 14
    F.R.S.R follwing order is passed
    1. Suit No. 698 of 2019 stands dismissed.
    2. Decree be drawn up accordingly.
    Nature Of Disposal: DISMISSED
    Disposal Date: 29-11-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 101282/2019
    Filing Date: 30-01-2019
    First Hearing Date: 02nd April 2019
    Decision Date: 29th November 2023
    Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 2Full order available
    29 Nov 2023

    Order Details: Ex-parte Judgement Pdf Text: 1 Exp. Jud in Suit 698 of 2019 9 MHCC010012272019 Presented on : 30.01.2019 Registered on : 12.03.2019 Decided on : 29.11.2023 Duration : 04-Y.09-M.30-D IN THE CITY CIVIL COURT OF MUMBAI S.C. SUIT NO. 698 of 2019 Exh. - 14 Hemnagi Ramesh Roge Aged about 26 years- Occu: Services Residing at B-13, Ground floor, Laxmi Cottage, Dr. Ambedkar Road, Opp. K.E.M. Hospital, Parel, Mumbai – 400012 ... Plaintiff Versus Hira Dayanand Mulki Aged…

    Read Full Order
    Final Order 1
    29 Nov 2023
    Order Details: Other
    Pdf Text: 21 29.11.2023
    SU 698/19
    Exh. 14
    CORAM : HIS HONOUR JUDGE SHRI V.D.KEDAR
    (C.R.NO.1)
    None present for plaintiff and defendant.
    Judgment at Exh. 14
    F.R.S.R follwing order is passed
    1. Suit No. 698 of 2019 stands dismissed.
    2. Decree be drawn up accordingly.
    Judge
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