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SUIT - SHORT CAUSE CIVIL SUIT

Devraj Laxman RaksheVsMCGM

CNR MHCC01001393202011-COURT 11 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 17th October 2022

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100370/2020
Registration Date
04 Feb 2020

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Petitioner

    1. 1Devraj Laxman Rakshe

    Respondent

    1. 1MCGM

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 39

    Case History / Proceedings

    Case History
    Date: 31-03-2020
Next Purpose: DIRECTIONS
Next Hearing Date: 17-04-2020

Date: 17-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 06-05-2020

Date: 06-05-2020
Business: National Lockdown
Next Purpose: DIRECTIONS
Next Hearing Date: 28-05-2020

Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 15-06-2020

Date: 15-06-2020
Business: National Lockdown
Next Purpose: DIRECTIONS
Next Hearing Date: 03-08-2020

Date: 03-08-2020
Business: adjd.to
Next Purpose: DIRECTIONS
Next Hearing Date: 27-10-2020

Date: 27-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DIRECTIONS
Next Hearing Date: 07-12-2020

Date: 07-12-2020
Business: None for plaintiff.
Adv. Mhatre for deft./MCGM submits that there is no service of summons.
Plaintiff to take proper steps. Plaintiff to submit
photographs of present structure and unscaled map HLW
(Height, Length, Width )
Matter is adjd.to 25-01-2021    for Writ of summons.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 25-01-2021

Date: 25-01-2021
Business: None present for plaintiff.
Adv. Ms. Mhatre for deft./MCGM present.
Matter is adjourned for writ of summons to 31.03.21.
                                                                               Judge
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 31-03-2021

Date: 31-03-2021
Business: None present for plaintiff.
Adv. Ms. Mhatre for deft./MCGM present.
Matter is adjourned for w/s to 30.06.21.
                                                                               Judge
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 30-06-2021

Date: 30-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 23-08-2021

Date: 23-08-2021
Business: Court is Vacant. Matter adj. to next date
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 18-10-2021

Date: 18-10-2021
Business: CORAM-H.H.J. SHRI. S.D. KULKARNI (C.R.No.08)
(Matter pertains to C.R. No.11)
As per Office order No.213/2021 dated 12.10.2021, Holiday declared on 18.10.2021.
Earlier order if any, to continue till next date.
Matter is adjd.  To 27.11.2021
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 27-11-2021

Date: 27-11-2021
Business: Court is Vacant. Matter is adj. to next date.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 14-01-2022

Date: 14-01-2022
Business: None present for plaintiff.
Adv. Mr. Khandagale for defendant/MCGM is present.
In view of office order no. 07/2022 dated 07.01.2022 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06.01.2022 of Hon\''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s.
Adjourned for writ of summons to 11.03.2022.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 11-03-2022

Date: 11-03-2022
Business: Adv. Ms. Vijayarani Prasad h/f. V.T. Dueby for plaintiff is present and orally requested time for extension of summons. Granted strictly as a last chance.
Adv. Ms. J.V. Mhatre h/f Adv. Khandagale for defendant/MCGM is present.
Adjourned for writ of summons/dismissal to 20.04.2022.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 20-04-2022

Date: 20-04-2022
Business: H.H.J. gone to training, hence matter adjourned to 10-08-2022.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 10-08-2022

Date: 10-08-2022
Business: Adv. Ms. Vijayarani Prasad for the plaintiff is present and orally requested for time to service of writ of summons. Sufficient time is already granted. Still, considering her request, time is extended till next date, subject to costs of Rs.1,000/- to be deposited in favour of DLSA, Mumbai.
Adv. Mr. Khandagale for defendant/MCGM is present.
Adjourned for costs/compliance/dismissal to 17.10.2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 17-10-2022

Date: 17-10-2022
Business: Adv. Vijayarani Prasad for the plaintiff is present. She submitted that the plaintiff is not in contact to comply with the Order and to ensure due service of summons.
Adv. Mr. Khandagale for defendant/MCGM is present.
Order below exhibit No. 01:
     Even today, the plaintiff is absent to proceed with the matter. Though the matter is filed in the year of 2020, till date the plaintiff is absent to ensure due service of the suit summons on the defendant, even after specific direction. It seems that he is absent since last considerable time for no reasons. No Order, staying this proceeding, is brought to notice of this Court. It is, thus, clear that the plaintiff lost his interest in the matter. Hence, the suit stands dismissed Under Order IX, Rules 2 and 5 of the CPC, 1908. All the pending applications are filed. He is called upon to bear the costs of suit. Bill of costs be drawn-up accordingly. The proceeding is closed.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 17-10-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 101540/2020
Filing Date: 03-02-2020
First Hearing Date: 31st March 2020
Decision Date: 17th October 2022
Court Number And Judge: 11-COURT 11  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    17 Oct 2022
    Order Details: Other
Pdf Text: 17.10.2022
Sr. No. 91
CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11)
SU 370/20 Adv. Vijayarani Prasad for the plaintiff is present. She submitted
that the plaintiff is not in contact to comply with the Order and to
ensure due service of summons.
Adv. Mr. Khandagale for defendant/MCGM is present.
Order below exhibit No. 01:
Even today, the plaintiff is absent to proceed with the matter.
Though the matter is filed in the year of 2020, till date the plaintiff
is absent to ensure due service of the suit summons on the
defendant, even after specific direction. It seems that he is absent
since last considerable time for no reasons. No Order, staying this
proceeding, is brought to notice of this Court. It is, thus, clear that
the plaintiff lost his interest in the matter. Hence, the suit stands
dismissed Under Order IX, Rules 2 and 5 of the CPC, 1908. All the
pending applications are filed. He is called upon to bear the costs of
suit. Bill of costs be drawnup accordingly. The proceeding is
closed.
Judge
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