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SUIT - SHORT CAUSE CIVIL SUIT

Rajesh Sadanand Raut +2 moreVsMr. Vasant Anandrao Raut +5 more

CNR MHCC01001309201962-COURT 62 AD-HOC ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 14th December 2021

TrustJury record updated 18 Sept 2026

Case Overview

Registration Number
100840/2019
Registration Date
25 Mar 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    9

    Acts & Sections

    1
    Hindu Marriage Act · Sec 21 · 34

    Case History / Proceedings

    Case History
    Date: 15-04-2019
    Business: None for plaintiff.
    None for defendant.
    Kept back. Later on at 12.35 pm. Adv. Shelar for plaintiff present.
    Time extended as a last chance for writ of summons.
    Plaintiff no. 2 and defendant no.1 are senior citizens. Hence as per office order no.66/2019  dated 4.4.2019, matter be re-assigned to C.R. No.9.
    Matter adj. for Compliance and Writ of Summons to 29.06.2019.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 29-06-2019
    
    Date: 29-06-2019
    Business: Advocate Mr. Mahendra Patil for Plaintiff present and filed an application for production of affidavit of service t.o.r. O-Production allowed.
    Application for production of affidavit of service.
    List of documents t.o.r. O-filed.
    Case is adjourned to 21/08/2019 for Steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 21-08-2019
    
    Date: 21-08-2019
    Business: Court is busy in recording evidence in suit nos.6329/04 and suit no.7542/06, case is adjourned to 14/11/2019.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 14-11-2019
    
    Date: 14-11-2019
    Business: Court is on leave.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 01-02-2020
    
    Date: 01-02-2020
    Business: Advocate Ms. Bhagyashree Bambarde for Plaintiff present
    None present for Defendant.
    Plaintiff has filed below list of documents Exh.3 the postal acknowledgments showing that the RPADs sent to Defendant nos.1,2 and 4 to 6 are accepted by those Defendants however there is no affidavit of service on record showing that those RPADs were of writ of summons, hence Plaintiff is directed to file affidavit of service of writ of summons.  Plaintiff is also directed to take necessary steps for service of writ of summons against Defendant no.3.
    Case is adjourned to 24/03/2020 for Compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 24-03-2020
    
    Date: 24-03-2020
    Next Purpose: COMPLIANCE
    Next Hearing Date: 03-04-2020
    
    Date: 03-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: COMPLIANCE
    Next Hearing Date: 17-04-2020
    
    Date: 17-04-2020
    Business: National Lock down
    Next Purpose: COMPLIANCE
    Next Hearing Date: 28-05-2020
    
    Date: 28-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: COMPLIANCE
    Next Hearing Date: 15-06-2020
    
    Date: 15-06-2020
    Business: Due to lockdown case is adjd. to 10.08.2020
    Next Purpose: COMPLIANCE
    Next Hearing Date: 10-08-2020
    
    Date: 10-08-2020
    Business: Adjourned due to Covid-19.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 17-09-2020
    
    Date: 17-09-2020
    Business: None present for Plaintiff.
    None present for Defendants.
    Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 10/12/2020.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 10-12-2020
    
    Date: 10-12-2020
    Business: None present for Plaintiffs.
    None present for Defendants.
    It seems that due to Corona pandemic, parties are absent, hence case is adjourned to 24/02/2021 for filing affidavit of service of writ of summons.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 24-02-2021
    
    Date: 24-02-2021
    Business: None present for both the parties.
    Plffs are directed on 01.02.2020 to file affidavit of service of writ of summons. Nobody is attending the matter for and on behalf of the plff since 24.03.2020. Considering the present pandemic condition, matter is adjd at same stage till next date.
    Matter is adjd. for compliance to 08.06.2021.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 08-06-2021
    
    Date: 08-06-2021
    Business: None present for both parties.
    Considering the present pandemic condition and SOP issued by Honble High Court, matter is adjourned at same stage to
    Next Purpose: COMPLIANCE
    Next Hearing Date: 22-07-2021
    
    Date: 22-07-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: COMPLIANCE
    Next Hearing Date: 27-09-2021
    
    Date: 27-09-2021
    Business: None present for both parties.
    Despite direction given on 01.02.2020, plaintiffs have not filed affidavit of service. They have also not taken steps to serve deft no.3 with writ of summons hence, suit be kept for dismissal order on next date.
    Matter is adjd. for dismissal order to 14.12.2021.
    Next Purpose: DISMISSAL
    Next Hearing Date: 14-12-2021
    
    Date: 14-12-2021
    Business: None present for the plff.
    K.B.
    L.O.at 4.30 p.m.
    None appeared for the plff despite keeping back the matter till  4.30 p.m. Record shows that adv. for the plff filed postal receipts and postal acknowledgments for showing that RPAD sent to deft Nos.1,2,4 to 6 are accepted by those defts. By mentioning so in roznama dt.01.02.2020, this Court had directed the plff to file affidavit of service by observing that there is no affidavit of service on record for showing that the RPAD were of writ of summons. Likewise, plff were directed to take steps to serve writ of summons on deft No.3. Matter was thereafter adjourned from time to time for compliance of said order but plffs failed. As nobody appeared for the plffs today also, there is no propriety to keep the matter pending any further at same stage hence, suit is dismissed in default for want of prosecution.
    Proceeding is closed.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 14-12-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 101230/2019
    Filing Date: 29-01-2019
    First Hearing Date: 15th April 2019
    Decision Date: 14th December 2021
    Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    14 Dec 2021
    Order Details: Other
    Pdf Text: 14/12/2021 CORAM : H.H.J. SHRI P.P.RAJVAIDYA (C.R. NO.62)
    2
    SU 840/19
    None present for the plff.
    K.B.
    L.O.at 4.30 p.m.
    None appeared for the plff despite keeping back the matter till
    4.30 p.m. Record shows that adv. for the plff filed postal
    receipts and postal acknowledgments for showing that RPAD
    sent to deft Nos.1,2,4 to 6 are accepted by those defts. By
    mentioning so in roznama dt.01.02.2020, this Court had
    directed the plff to file affidavit of service by observing that
    there is no affidavit of service on record for showing that the
    RPAD were of writ of summons. Likewise, plff were directed to
    take steps to serve writ of summons on deft No.3. Matter was
    thereafter adjourned from time to time for compliance of said
    order but plffs failed. As nobody appeared for the plffs today
    also, there is no propriety to keep the matter pending any
    further at same stage hence, suit is dismissed in default for
    want of prosecution.
    Proceeding is closed.
    Judge
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