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SUIT - SHORT CAUSE CIVIL SUIT

Dhruv Kumar Shriram Malah alias SahaniVsM/s. Komal Developers +6 more

CNR MHCC0100165320198-COURT 08 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 13th July 2023

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
100653/2019
Registration Date
11 Mar 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    8

    Acts & Sections

    2
    Hindu Marriage Act · Sec 34 · 38
    Protection of Women from Domestic Violence Act · Sec 151 · Order 39 · Rule 1

    Case History / Proceedings

    Case History
    Date: 01-04-2019
    Business: Adv. Neelam Gupta for plaintiff present and seeks extension in time to serve the Writ of Summons on defendant nos.2 to 7.
    O- Time extended till next date.
    Advocate for plaintiff also filed draft NM alongwith affidavit in support. O- Leave to register it is granted with direction to serve the defendants.
    On request of plaintiffs advocate, adjourned for NM reply to 17.06.2019.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-06-2019
    
    Date: 17-06-2019
    Business: Adv. S. R. Gupta for the Plaintiff present.
    None present  for the Defendant.
    Original registered N/M No. 1602/19 alongwith affidavit in support tendered by the Plaintiff. t.o.r.
    Affidavit of service of writ of summons and N/M tendered by the Plaintiff. t.o.r.
    Perused affidavit of service Defendant nos. 1 to 5 have been duly served with writ of summons, failed to appear. Hence exparte order is passed against Defendant nos. 1 to 5
    Matter is adjd. to 27.06.2019 for N/M hearing / compliance by Plaintiff to Defendant nos. 6 and 7.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-06-2019
    
    Date: 27-06-2019
    Business: Adv. Ms. Neelam Gupta for the Plaintiff present.
    Adv. Ms. Prabhu for Defendant no. 3 to 5 present.
    Matter is adjd. to 28.8.2019 for steps by the plaintiff in respect of defendant no. 6.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 28-08-2019
    
    Date: 28-08-2019
    Business: Plaintiff present. Adv. S. R. Acharya for the Plaintiff present.
    Adv. Pushpa Thapa h/f Prabhu for MHADA Defendant present.
    Court is busy in hearing arguments and dictating order in other matters on board.
    Matter is adjd. to 1.10.2019.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 01-10-2019
    
    Date: 01-10-2019
    Business: Adv. Neelam Gupta for the Plaintiff present.
    Adv. Vinayak Tare h/f Prabhu for MHADA Defendant no. 3 to 5 present.
    None present  for Defendant-6 and 7.
    Defendant-1 and 2 exparte.
    Matter is adjd. to 16.01.2020 for reply to N/M by Defendant nos. 3 to 7/ WS by Defendant nos. 3 to 7.
    Next Purpose: REPLY
    Next Hearing Date: 16-01-2020
    
    Date: 16-01-2020
    Business: Adv. Rajnish Dubey for Plaintiff is present. He seeks time for NM hearing. O-Granted. .
    Adv. Sachin Kadam for defendant nos.1 to 3 is present.
    Matter is adjd.  for NM hearing to 18.03.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-03-2020
    
    Date: 13-03-2020
    Business: Adv. Ms. Neelam Gupta for the Plaintiff present.
    Adv. Mr. Satamkar h/f V. S.  Prabhu for MHADA Defendant no. 3 to 5 present.
    No Written Statement and reply filed by Defendant nos. 1 to 5.
    Matter is adjd. to 19.06.2020 for hearing N/M/ draft issues.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-06-2020
    
    Date: 19-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-11-2020
    
    Date: 23-11-2020
    Business: Due to lockdown because of Covid-19, board is discharged and as per SOP only urgent matters are taken up.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-03-2021
    
    Date: 02-03-2021
    Business: None present.
    Matter is adjd. to 22/04/2021 for NM hearing/draft issues.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-04-2021
    
    Date: 22-04-2021
    Business: Due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-07-2021
    
    Date: 15-07-2021
    Business: Due to COIVD-19 pandemic.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-09-2021
    
    Date: 03-09-2021
    Business: Court is on leave
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-12-2021
    
    Date: 01-12-2021
    Business: Adv Mr.S.R.Gupta present for the plaintiff.
    Adv Mangal Kadam present for the MHADA.
    Ld advocate for the MHADA submits that she wants to file reply. Matter is lastly adjourned to 23.12.2021. If MHADA fails to file reply NM will be heard on merits.
    Matter is adjd. to 23.12.2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-12-2021
    
    Date: 23-12-2021
    Business: Adv H.S.Gupta present for plaintiff present.
    No reply filed by MHADA. Hence, NM to proceed without reply.
    Matter is adjd. to 04.02.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-02-2022
    
    Date: 04-02-2022
    Business: Due to SOP  only urgent matters taken up.
    Matter is adjd. to 22.04.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-04-2022
    
    Date: 22-04-2022
    Business: Adv. Mr. Gupta for plaintiff is present and sought adjournment.
    Adv. Mangal Kadam present for defendant Nos. 3, 4 and 5/MHADA.
    None present for other defendants.
    Matter adjourned for NM hearing to 07.06.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-06-2022
    
    Date: 07-06-2022
    Business: Adv. S. R. Gupta present for plaintiff.
    None present for defendants.
    Heard arguments of ld. Adv. For plaintiff on nm no. 1602/2019.
    Matter adjourned for arguments of defendant on nm no. 1602/2019 to 28/06/22.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-06-2022
    
    Date: 28-06-2022
    Business: Advocate S.R. Gupta present for plaintiff.
    None present for defendants.
    Matter adjourned for Order on NM no.1602/19 to 02.07.2022.
    Next Purpose: ORDER
    Next Hearing Date: 02-07-2022
    
    Date: 02-07-2022
    Business: Adv. Neelam Gupta h/f Adv. S. R. Gupta for plaintiff present.
    None present for defendant.
    As court busy in hearing argument on NM NO. 39012017 in suit NO. 996 of 2017,
    Matter adjourned for NM No. 1602/19 order to 05/07/2022.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 05-07-2022
    
    Date: 05-07-2022
    Business: None present for plaintiff.
    None present for defendant.
    As court was busy in passing order in Chamber Summons no.764/2022 and stenographer of the court is on leave.
    Matter adjourned for order on Notice of Motion no.1602/19 to 13.07.2022.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 13-07-2022
    
    Date: 13-07-2022
    Business: None present for plaintiff.
    None present for defendant.
    F.R.S.R. following order is passed on Notice of Motion no. 1602/19:
    Order
    1) Notice of Motion no. 1602/19 is dismissed.
    2) Notice of Motion no. 1602/19 is disposed off accordingly.
    Matter adjourned for No Written Statement order to 19.08.2022.
    Next Purpose: ORDER
    Next Hearing Date: 05-08-2022
    
    Date: 05-08-2022
    Business: Sue motu matter taken on Board.
    There appear elements of settlement. Therefore, matter be
    kept in upcoming lok-adalat dt. 13/08/22.
    Issue Notice of lok adalat to the Parties.
    Matter is adjd. For lok-adalat on 13/08/22.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 13-08-2022
    
    Date: 13-08-2022
    Business: None present.  Matter not settled.
    Matter is adjd to 19.08.2022.
    Next Purpose: ORDER
    Next Hearing Date: 19-08-2022
    
    Date: 19-08-2022
    Business: Adv H.S. Gupta h/f Adv S.R. Gupta present for plaintiff.
    Adv Mangal Kadam present for defendant no. 03, 04 & 05/MHADA.
    It appears that inspite of just opportunity, defendant no. 01 to 05  failed to filed their Written Statement. Hence, suit be proceeded without Written Statement of defendant no. 01 to 05.
    Matter adjourned for Issues to 23.09.22.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 23-09-2022
    
    Date: 23-09-2022
    Business: Adv. Neelam Gupta present for plaintiff.
    None present for defendants.
    As court is busy in dictating order on nm no. 3156/2022  and on chs. no. 1300/22 in suit no. 8491-1993 and in recording evidence in suit no. 1551/14. Hence Matter adjourned for issues to 01/11/22.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 01-11-2022
    
    Date: 01-11-2022
    Business: None present for plaintiff.
    None present for defendants.
    Issues are framed at Exh. 07.
    Matter adjourned for RE to 01/12/22.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 01-12-2022
    
    Date: 01-12-2022
    Business: Adv. H. S. Gupta present for plaintiff and sought adjournment.
    Adv. Mangal Kadam present for defendants/MHADA.
    None present for other defendants.
    Matter adjourned for RE to 11/01/23.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 11-01-2023
    
    Date: 11-01-2023
    Business: Adv. Neelam Gupta present for plaintiff and sought adjournment.
    None present for defendants.
    Matter adjourned for RE to 16/02/23.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 16-02-2023
    
    Date: 16-02-2023
    Business: Adv. H. S. Gupta h/f adv. S. R. Gupta present for plaintiff and sought adjournment.
    None present for defendants.
    Matter adjourned for RE  as a last chance to 23/03/23.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 23-03-2023
    
    Date: 23-03-2023
    Business: Adv. H. S. Gupta hf adv. S. R. Gupta present for plaintiff and sought adjournment.
    None present for defendants.
    Matter adjourned for RE to 02/05/23.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 02-05-2023
    
    Date: 02-05-2023
    Business: P. O. is on leave
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 13-07-2023
    
    Date: 13-07-2023
    Business: None present for plaintiff.
    None present for defendants.
    Case is fixed for recording evidence of plaintiff, but plaintiff and his counsel are absent.  Therefore, it appears plaintiff is not interested in leading evidence. Hence, case is dismissed in default.
    Later on at 12.00 p.m.
    Adv. S.H. Gupta for the plaintiff present and submitted he want to withdraw his Vakalatnama in this case but case is already dismissed in default.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 13-07-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 101811/2019
    Filing Date: 12-02-2019
    First Hearing Date: 01st April 2019
    Decision Date: 13th July 2023
    Court Number And Judge: 8-COURT 08 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    13 Jul 2023
    Order Details: Other
    Pdf Text: Date
    13.07.2023
    08
    Coram: H.H.J. Shri. V. G. Raghuwanshi, City Civil Court, Mumbai.
    (C.R.08)
    SU 653/2019 None present for plaintiff.
    None present for defendants.
    Case is fixed for recording evidence of plaintiff, but plaintiff and his
    counsel are absent. Therefore, it appears plaintiff is not interested
    in leading evidence. Hence, case is dismissed in default.
    Later on at 12.00 p.m.
    Adv. S.H. Gupta for the plaintiff present and submitted he want to
    withdraw his Vakalatnama in this case but case is already dismissed
    in default.
    Judge
    -- 1 of 1 --

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