Skip to main content
SUIT - SHORT CAUSE CIVIL SUIT

Kavita w/o Balu KadamVsBalu Baban alias Papal Kadam +1 more

CNR MHCC0100173120189-COURT 09 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DECREED
Decision Date: 02nd January 2023

TrustJury record updated 09 Sept 2026

Case Overview

Registration Number
101231/2018
Registration Date
19 Apr 2018

Advocates

1

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 07-06-2018
    Business: None present.
    Plaintiff to serve writ of summons.
    Adjourned to 03.10.2018 for Service.
    Next Purpose: SERVICE
    Next Hearing Date: 03-10-2018
    
    Date: 03-10-2018
    Business: Matter adj. to 14/12/2018 for Service.
    Next Purpose: SERVICE
    Next Hearing Date: 14-12-2018
    
    Date: 14-12-2018
    Reason For Adjournment: court time is over
    Next Purpose: SERVICE
    Next Hearing Date: 31-01-2019
    
    Date: 31-01-2019
    Business: Adv Mr. Rajesh Dixit for plaintiff present.
    Adv Mr. Kapse for Deft no.2/State present.
    Adjd for WS to 26/02/2019.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 26-02-2019
    
    Date: 26-02-2019
    Business: Plaintiff present. Her advocate absent.
    None present for defendant no.1.
    Adv. Kapse for defendant no.2 present.
    Defendants failed to file WS within statutory period hence, suit to proceed without WS against those defendants.
    Adjd. for evidence without WS to 01.04.2019.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 01-04-2019
    
    Date: 01-04-2019
    Business: Adv. Sharma h/f Adv. Dixit for plaintiff present.
    AGP Shri Khatib for defendant no.2/State present.
    On request of advocate for plaintiff, adjourned for evidence without WS to 22.04.2019.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 22-04-2019
    
    Date: 22-04-2019
    Business: Adv. Rajesh Dixit for plaintiff present.
    Adv. Shukla h/f Adv. Kapse for defendant no.2 present.
    On request of advocate for plaintiff, adjourned to 11.06.2019.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 11-06-2019
    
    Date: 11-06-2019
    Business: Adv. Mr. Manoj Mahtre for the Plaintiff present.
    Adv. Kapse for Defendant no. 2 present. (Withut WS )
    Deft no. 1 has failed to appear after service of writ of summons by paper publication. Hence exparte order is passed against Defendant no. 1.
    Matter is adjd. to 12.07.2019 for steps by the Plaintiff.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 12-07-2019
    
    Date: 12-07-2019
    Business: Court is on leave
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 25-09-2019
    
    Date: 25-09-2019
    Business: Adv. Rajesh Dixit for the Plaintiff present.
    Adv. Shukla h/f Khatib for Defendant-2 present. (without WS )
    Defendant no. 1 exparte.
    List of documents alongwith compilation tendered by the Plaintiff. t.o.r. O-filed.
    Affidavit of examination in chief of PW-1. t.o.r. On S. A.
    In view of evidence of PW-1, documents at exh. /1 to 6 be exhibited.
    Ration Card.
    Employment card and other documents.
    N. C. Compliant dtd 23.02.10 to Tardei Police Station.
    Letter dtd 25.02.2010 to Television centre.
    Certificate dtd 26.02.2010 issued by Tardeo Police stn.
    Certificate dtd 11.07.2017 issued by Tardeo Police stn.
    Matter is adjd. to 26.11.2019 for cross-examination of PW-1 by Defendant no. 2
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 26-11-2019
    
    Date: 26-11-2019
    Business: Adv.Rajesh Dixit  for plaintiff is present.
    Adv.Kapse for defendant No.2 is present, he submitted that defendant No.2 is willing to tendered notice of Motion and seeks adjournment O-granted as a last chance.
    Matter adj for cross-examination PW-1  03.12.2019.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 03-12-2019
    
    Date: 03-12-2019
    Business: Plaintiff present. His advocate absent.
    Adv. Kapse for defendant No 2 present.
    Matter is not traced out.
    KB.
    LO. at 1.55 p.m.
    Matter is traced out.
    Advocate for Defendant no.2 seeks time tendering NM.
    O - Granted. On failure to file NM further order will be passed.
    Matter adj for cross examination of PW-1 to 14/01/2019.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 14-01-2020
    
    Date: 14-01-2020
    Business: Adv. Rajesh Dixit for Plaintiff is present. He seeks time for tendering reply.  O Granted.
    Adv. Kapse  for defendant no.2. is present.  He tendered registered NM No.4840/2019 a/w affidavit in support and WS.
    None present for defendant No.1
    Matter is adjd. for NM reply  to 31.01.2020
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 31-01-2020
    
    Date: 31-01-2020
    Business: Court is on leave.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 24-02-2020
    
    Date: 24-02-2020
    Business: Adv. Rajesh Dixit for plaintiff is present. He submitted that necessary order be passed on N/M no. 4840/2020
    Adv. Khatib for defendant no. 2 is present.
    Heard argument of adv.of plaintiff and defendant no. 2.Matter is adjd. for compliance to 16/03/2020.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 16-03-2020
    
    Date: 16-03-2020
    Business: Due to direction to combat Corona virus, board is discharged as
    only matters for argument are taken up.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 19-08-2020
    
    Date: 19-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: COMPLIANCE
    Next Hearing Date: 05-09-2020
    
    Date: 05-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: COMPLIANCE
    Next Hearing Date: 21-09-2020
    
    Date: 21-09-2020
    Business: Due to Lockdown because of Covid-19, board is discharged and
    as per SOP only urgent matters are taken up.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 15-01-2021
    
    Date: 15-01-2021
    Business: Adv. Mr. Rajesh Dixit for the plaintiff.
    None for defendants.
    As per order dated 24/02/2020, NM No. 4840/2019 has been disposed of. However, it seems that it is not updated in CIS and therefore, NM No. 4840/2019 is shown pending. So, the board clerk is directed to update the entry in CIS.
    Matter is adjd. to 23/02/2021 for compliance of the order dated 24.03.2020.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 23-02-2021
    
    Date: 23-02-2021
    Business: Advocate Kadam for defendant no. 2 present.
    Till date, defendant no.2 has not complied with the order dated 24/02/2020 in NM number 4840/2019. Hence, the suit to proceed further without WS of defendant no.2.
    Copy of the summons be affixed on the notice board of the Court, Collector, Mumbai and Municipal Corporation, Mumbai. So also, the summons be published in Marathi  and English newspapers having wide circulation in Mumbai.
    Matter is adjd. to 28/04/2021 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 28-04-2021
    
    Date: 28-04-2021
    Business: DUE TO COVID-19
    Next Purpose: COMPLIANCE
    Next Hearing Date: 12-07-2021
    
    Date: 12-07-2021
    Business: due to covid-19
    Next Purpose: COMPLIANCE
    Next Hearing Date: 25-08-2021
    
    Date: 25-08-2021
    Business: court is on leave
    Next Purpose: COMPLIANCE
    Next Hearing Date: 18-10-2021
    
    Date: 18-10-2021
    Business: As  per Office Order No.213 of 2021. Holiday is declared today.
    Matter is adjd. to 07/12/2021.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 07-12-2021
    
    Date: 07-12-2021
    Business: Adv Rajesh Dixit present for the plaintiff.
    Adv Kapse present for the defendant no.3 and he filed WS TOR O- R and R.
    Matter is adjd. to 03.01.2022 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 03-01-2022
    
    Date: 03-01-2022
    Business: Court is on leave.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 02-02-2022
    
    Date: 02-02-2022
    Business: Due to SOP only urgent matters are taken up.
    Matter is adjd. to 03.03.2022 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 02-03-2022
    
    Date: 02-03-2022
    Business: None present for both the sides
    Matter is already adjd. for compliance  on 03.03.2022
    Next Purpose: COMPLIANCE
    Next Hearing Date: 03-03-2022
    
    Date: 03-03-2022
    Business: Adv. Mr. Rajesh Dixit for plaintiff present.
    Plaintiff is present in person.
    Exh.12- Issue framed.
    Matter is adjd. For list of witnesses on 28-03-2022
    Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
    Next Hearing Date: 28-03-2022
    
    Date: 28-03-2022
    Business: None present for the parties.
    Matter is adjd. to 29-06-2022 for filing affidavit of documents.
    Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
    Next Hearing Date: 29-06-2022
    
    Date: 29-06-2022
    Business: court is on leave
    Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
    Next Hearing Date: 12-08-2022
    
    Date: 12-08-2022
    Business: Plaintiff and his Adv. Rajesh Dixit present and submitted that he has already filed documents and evidence on record but it was wrongly caption for filing document. The affidavit of evidence and the documents filed on record 25.09.2019. Therefore, this matter be kept for cross examination of the plaintiff.
    None present for defendant.
    Matter is adjd. to 16.09.2022 for cross examination.
    Next Purpose: RECORDING EVIDENCE P.H.
    Next Hearing Date: 16-09-2022
    
    Date: 16-09-2022
    Business: Court is busy in hearing argument in Su. 725/21 and dictating judgment in Suit No. 2607 of 2008.
    Hence, Matter is adjd. to  13.10.2022 for R/E P.H.
    Next Purpose: RECORDING EVIDENCE P.H.
    Next Hearing Date: 13-10-2022
    
    Date: 13-10-2022
    Business: Adv. Dixit present for plaintiff.
    Adv. Kapse for defendant/state present.
    Court is busy in hearing argument in High Court Time Bound matter suit No. 833/2015. Hence, board is discharged and Matter is adjd. to 01.11.2022 for R/E P.H.
    Next Purpose: RECORDING EVIDENCE P.H.
    Next Hearing Date: 01-11-2022
    
    Date: 01-11-2022
    Business: PW-1 present.
    Adv. Rajesh Dixit for plaintiff present.
    Adv. Kapse for defendant no. 2/state present.
    KB for cross examination.
    LO at 11.40 pm.
    Cross-examination of PW-1 by Adv. Kapse for Deft.no. 2 commenced and completed.
    Matter is adjd. to 17.11.2022 for further Evidence.
    Next Purpose: RECORDING EVIDENCE P.H.
    Next Hearing Date: 17-11-2022
    
    Date: 17-11-2022
    Business: As Court is on leave. Hence, board is discharged and matter is adjd. to
    Next Purpose: RECORDING EVIDENCE P.H.
    Next Hearing Date: 07-12-2022
    
    Date: 07-12-2022
    Business: As the Court is on leave.  Hence, board is discharged and suit stands adjd. to
    Next Purpose: RECORDING EVIDENCE P.H.
    Next Hearing Date: 10-12-2022
    
    Date: 10-12-2022
    Business: Plaintiff present.
    Advocate Mr. Kapse for the State/defendant no.2 present and seeking time for cross examination. Time granted.
    Matter is adjourned to 14.12.2022 for Recording Evidence P.H.
    LO at 12.47 pm.
    Adv. Rajesh Dixit for plaintiff present and filed evidence closure pursis. TOR. Exh.12.
    Adv. for defendant is not going to lead evidence, hence his evidence is hereby closed.
    Matter is adjourned to 14.12.2022 for arguments.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 14-12-2022
    
    Date: 14-12-2022
    Business: Adv. Rajesh Dixit for plaintiff present
    Advocate Mr. Kapse for the State/defendant No.2 present.
    Heard both the sides.
    Matter is adjourned to 02.01.2023 for reply/argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 02-01-2023
    
    Date: 02-01-2023
    Business: Plaintiff present.
    Adv. Rajesh Dixit for plaintiff present.
    Advocate Mr. Kapse for the State/defendant No.2 present.
    Judgment - Exh.14
    F.R.S.R. the following order is passed in Suit No. 1231/2018
                                                   Order
    1. The suit is hereby decreed.
    2. It is hereby declared that the husband of the plaintiff i.e. Balu Baban @ Papal Kadam is not being heard of for more than last 14 years and he is Civil Dead.
    3.  No order as to costs of the suit.
    4.  Decree be drawn accordingly.
    5.  The suit stands disposed of accordingly.
    Nature Of Disposal: DECREED
    Disposal Date: 02-01-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 101885/2018
    Filing Date: 01-02-2018
    First Hearing Date: 07th June 2018
    Decision Date: 02nd January 2023
    Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE

    Orders

    6
    Final Order 3Full order available
    02 Jan 2023

    Order Details: Copy of Judgment Pdf Text: Lodged on 01.02.2018 Registered on : 19.04.2018 Decided on 02.01.2023 Durat:ion 04Y 08M 14D EXHIBIT13 IN BOMBAYcm COURT AT BOMBAY S. C. CIVILSUIT NO.1231 OF 2018 ( CNR No.MH-CC-01-001731-2018) Kavita W/o. Balu Kadam Age about 45 years an adult, Inhabitant of Mumbai residing at Haji Ali Govt.Colony Beat No.21, Room No.4, Race Course Mahalaxmi, Mumbai-400035 1. Balu Baban Papal Kadam an adult, Inhabitant of Mumbai residing at Haji Ali Govt.Colony Beat No.21, Room…

    Read Full Order
    Final Order 2Full order available
    02 Jan 2023

    Order Details: Copy of Judgment Pdf Text: 1 Lodged on : 01.02.2018 Registered on : 19.04.2018 Decided on : 02.01.2023 Duration : 04Y 08M 14D EXHIBIT-14 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY S. C. CIVIL SUIT NO.1231 OF 2018 ( CNR No.MH-CC-01-001731-2018) Kavita W/o. Balu Kadam ] Age about 45 years ] an adult, Inhabitant of Mumbai ] residing at Haji Ali Govt.Colony ] Beat No.21, Room No.4, Race Course ] Mahalaxmi, Mumbai-400035 ].. Plaintiff. V/s. 1. Balu…

    Read Full Order
    Interim Order 1Full order available
    24 Feb 2020

    Order Details: Notice of Motion Pdf Text: 1 Notice of Motion No.4840/2019 in S.C Suit No.1231/2018 IN THE BOMBAY CITY CIVIL COURT AT MUMBAI NOTICE OF MOTION NO. 4840 OF 2019 (CNR NO. MH CC01-013208-2019) IN S.C. SUIT NO. 1231 OF 2018 Kavita w/o Balu Kadam ....Plaintiff V/s. Balu Baban @ Papal Kadam & Ors. ...Defendants Appearance:- Mr. Rajesh Dixit, Advocate for the plaintiff. Ex-parte against defendant No.1 Mr. Kapse, Advocate for the Defendant No. 2. CORAM :- HER HONOUR…

    Read Full Order
    Order 3Full order available
    02 Jan 2023

    Order Details: Copy of Judgment Pdf Text: Lodged on 01.02.2018 Registered on : 19.04.2018 Decided on 02.01.2023 Durat:ion 04Y 08M 14D EXHIBIT13 IN BOMBAYcm COURT AT BOMBAY S. C. CIVILSUIT NO.1231 OF 2018 ( CNR No.MH-CC-01-001731-2018) Kavita W/o. Balu Kadam Age about 45 years an adult, Inhabitant of Mumbai residing at Haji Ali Govt.Colony Beat No.21, Room No.4, Race Course Mahalaxmi, Mumbai-400035 1. Balu Baban Papal Kadam an adult, Inhabitant of Mumbai residing at Haji Ali Govt.Colony Beat No.21, Room…

    Read Full Order
    Order 2Full order available
    02 Jan 2023

    Order Details: Copy of Judgment Pdf Text: 1 Lodged on : 01.02.2018 Registered on : 19.04.2018 Decided on : 02.01.2023 Duration : 04Y 08M 14D EXHIBIT-14 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY S. C. CIVIL SUIT NO.1231 OF 2018 ( CNR No.MH-CC-01-001731-2018) Kavita W/o. Balu Kadam ] Age about 45 years ] an adult, Inhabitant of Mumbai ] residing at Haji Ali Govt.Colony ] Beat No.21, Room No.4, Race Course ] Mahalaxmi, Mumbai-400035 ].. Plaintiff. V/s. 1. Balu…

    Read Full Order
    Order 1Full order available
    24 Feb 2020

    Order Details: Notice of Motion Pdf Text: 1 Notice of Motion No.4840/2019 in S.C Suit No.1231/2018 IN THE BOMBAY CITY CIVIL COURT AT MUMBAI NOTICE OF MOTION NO. 4840 OF 2019 (CNR NO. MH CC01-013208-2019) IN S.C. SUIT NO. 1231 OF 2018 Kavita w/o Balu Kadam ....Plaintiff V/s. Balu Baban @ Papal Kadam & Ors. ...Defendants Appearance:- Mr. Rajesh Dixit, Advocate for the plaintiff. Ex-parte against defendant No.1 Mr. Kapse, Advocate for the Defendant No. 2. CORAM :- HER HONOUR…

    Read Full Order

    TrustJury presents public court-record information for legal discovery and reference. Record availability and detail can vary by source and case.