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SUIT - SHORT CAUSE CIVIL SUIT

Vijay Ramji BhavsarVsRamniklal Tulsidas Bhatti +3 more

CNR MHCC01001621201962-COURT 62 AD-HOC ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 06th January 2022

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
100419/2019
Registration Date
16 Feb 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    5

    Acts & Sections

    1

    Case History / Proceedings

    Case History
    Date: 11-03-2019
    Business: Representative of plaintiff present.
    Adv. Ravindra R. Chile for plaintiff present.
    Adv. for defendant present and filed Vakalatnama. (Exh-5)
    Exh-1 Plaint.
    Exh- 2 Vakalatnama
    Exh- 3 Memorandum of address of plaintiff
    Exh- 4 List of documents
    Exh- 5 Adv. Shekhar Jagtap filed Vakalatnama on behalf of defendants.
    Adjd for written statement to 05/04/2019.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 05-04-2019
    
    Date: 05-04-2019
    Business: Adv. Prasanna Deshmukh I/b J. Shekhar and  co. for defendant Nos.1 to 4 is present.
    Advocate for defendant filed written statement. TOR
    Case is adjourned to 17.07.2019 for framing issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 17-07-2019
    
    Date: 17-07-2019
    Business: Court is on leave
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 29-08-2019
    
    Date: 29-08-2019
    Business: Plaintiff is present.
    Adv. Ravindra Chile for plaintiff present.
    Adv. for plaintiff tendered draft issues. Tor.
    The plaintiff is very old hence issues are framed.
    Exh-6  Issues framed.
    Adjd for recording evidence to 03/10/2019.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 03-10-2019
    
    Date: 03-10-2019
    Business: Plaintiff present.
    Adv. Ravindra Chile for plaintiff present.
    Adv. Neeraj S. Rathi I/b J. Shekhar and Co. for defendant No. 1 to 4 present.
    Exh- 7 Adv. for plaintiff filed evidence affidavit. O- Read and recorded.
    Adjd for recording evidence to 19/10/2019
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 19-10-2019
    
    Date: 19-10-2019
    Business: Adv. Mr. Ravindra R. Chile for plaintiff present.
    Adv. Mr. Rathi I/b J. Shekhar and Co. for respondent present.
    Mr. Vijay Barsar, Plaintiff is present.
    Matter is adjd for R/E on 22.11.2019.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 22-11-2019
    
    Date: 22-11-2019
    Business: Plaintiff present.
    Adv. Sapna Raskar I/b J. Shekhar and Co. for defendant present.
    Plaintiff is senior citizen.
    Registrar is requested to transfer the suit to appropriate court.
    Adjd for recording evidence to 09/12/2019.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 09-12-2019
    
    Date: 09-12-2019
    Business: Witness with advocate Mr. Ravindra Chille for Plaintiff present
    None present for Defendant.
    Admission and denial of documents about documents annexed to the affidavit in lieu of examination in chief Exh.7 of PW-1 is not given by Defendants. One of those documents is certified copy of the complaint and another document is certified copy of affidavit filed by Defendant no.2 in said complaint, however for proving contents of said complaint and said affidavit Plaintiff is directed to call record from the office of Charity Commissioner, Mumbai so that by referring original documents to witness certified copies can be exhibited after proving the contents of documents and original record again can be returned back to Charity Commissioner\''s office.
    Case is adjourned to 22/01/2020 for Steps by Plaintiff.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 22-01-2020
    
    Date: 22-01-2020
    Business: Advocate for Plaintiff present
    Advocate Ms. Harshada Patil for Defendant no.3 present and sought time to file Written Statement of Defendant no.3. However, as affidavit of service of writ of summons is not on record, adjmt granted.
    Case is adjourned to 21/03/2020 for Written Statement.
    Next Purpose: FILING SAY
    Next Hearing Date: 21-03-2020
    
    Date: 21-03-2020
    Business: None present for Plaintiff.
    None present for Defendant.
    In view of circular of Hon\''ble Principal Judge in respect of Corona Virus, only urgent matters are to be heard, hence case is adjourned to 01/07/2020.
    Next Purpose: FILING SAY
    Next Hearing Date: 01-07-2020
    
    Date: 01-07-2020
    Business: Due to corona pandemic and lockdown
    Next Purpose: FILING SAY
    Next Hearing Date: 02-09-2020
    
    Date: 02-09-2020
    Business: Due to covid-19
    Next Purpose: FILING SAY
    Next Hearing Date: 01-12-2020
    
    Date: 01-12-2020
    Business: Advocate Mr. Ravindra Chille for plaintiff present and submitted that it is learnt that Plaintiff died in last few months.
    None present for Defendants.
    It seems that due to Corona pandemic, Defendants and their advocate are absent, hence case is adjourned to 16/02/2021 for steps to be taken on behalf of Plaintiff for bringing LRs of Plaintiff on record and for filing say by Defendant on Exh.8.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 16-02-2021
    
    Date: 16-02-2021
    Business: None present for both the parties.
    Roznama dt. 01.12.2020 shows that advocate for the plff had submitted that sole plff in the Suit has expired.
    Nobody appeared for the pflf today.
    Matter is adjd. for steps/dismissal order to 16.04.2021.
    Judge
    L.O.
    Adv Mr. Ninad Naik i/b J.Shekhar & Co. for deft present.
    Already ajd. to 16.04.2021.
    Next Purpose: DISMISSAL
    Next Hearing Date: 16-04-2021
    
    Date: 16-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: DISMISSAL
    Next Hearing Date: 12-07-2021
    
    Date: 12-07-2021
    Business: None present for plff.
    Adv Mr. Ninad Naik i/b Adv Mr. J. Shekhar for deft present.
    As nobody is present for the plff, considering present pandemic condition and SOP issued by Hon’ble High Court, matter is adjourned at same stage till next date.
    Matter is adjd. for dismissal to 18.08.2021.
    Next Purpose: DISMISSAL
    Next Hearing Date: 18-08-2021
    
    Date: 18-08-2021
    Business: None present for plff.
    Adv Mr. Ninad Naik for deft present.
    K.B.
    L.O. at 12.30 p.m.
    Deft has not filed reply on application Exh.8. As nobody is  present for the plff, said application Exh.8 is dismissed in default.
    It is recorded in the previous roznama that advocate appearing for the plff has informed the Court that he has learned that plf has expired. Death certificate is not produced. As nobody is present for the plff, matter be kept for dismissal order on next date.
    Matter is adjd. for dismissal order to 11.10.2021.
    Next Purpose: DISMISSAL
    Next Hearing Date: 11-10-2021
    
    Date: 11-10-2021
    Business: None present for both the parties.
    Matter is adjd. for dismissal to 10.11.2021.
    Next Purpose: DISMISSAL
    Next Hearing Date: 10-11-2021
    
    Date: 10-11-2021
    Business: Court is on leave.
    Next Purpose: DISMISSAL
    Next Hearing Date: 06-01-2022
    
    Date: 06-01-2022
    Business: None present for both parties.
    K.B.
    L.O.at 1.20 p.m.
    None appeared for the plaintiff despite keeping back the matter. It is recorded in the roznama dt.01.12.2020 that advocate for the plaintiff had submitted that he has learnt that plaintiff has expired. Death certificate of plaintiff is not available on record. Plaintiff failed to adduce evidence despite granting sufficient opportunity, hence suit is dismissed in default for want of prosecution.
    Matter is adjd. for
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 06-01-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 101755/2019
    Filing Date: 11-02-2019
    First Hearing Date: 11th March 2019
    Decision Date: 06th January 2022
    Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    06 Jan 2022
    Order Details: Other
    Pdf Text: 06/01/2022 CORAM : H.H.J. SHRI P.P.RAJVAIDYA (C.R. NO.62)
    4
    SU 419/19
    None present for both parties.
    K.B.
    L.O.at 1.20 p.m.
    None appeared for the plaintiff despite keeping back the matter. It is
    recorded in the roznama dt.01.12.2020 that advocate for the plaintiff
    had submitted that he has learnt that plaintiff has expired. Death
    certificate of plaintiff is not available on record. Plaintiff failed to
    adduce evidence despite granting sufficient opportunity, hence suit is
    dismissed in default for want of prosecution.
    Judge
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