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SUIT - SHORT CAUSE CIVIL SUIT

Kolwada Sanatan Dharam Sabhas Education Society Mumbai +2 moreVsSanatan Dharma Sabha +2 more

CNR MHCC0100199520191-COURT 01 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 19th August 2023

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
100530/2019
Registration Date
01 Mar 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    6

    Acts & Sections

    1
    Hindu Marriage Act · Sec 34 · 37

    Case History / Proceedings

    Case History
    Date: 01-03-2019
    Business: Mentioned by pracipe.  NOB. TOB.
    Adv. Abhishek Tripathi for plaintiff tendered drat NM with affidavit seeking ad-interim relief on injunction for restraining the defendants from causing inconvenience, impediment in smooth administration or preventing students from entering the school premises at the suit property. Leave to register NM is granted. According to him he has already served the defendants on 28.02.2019.
    Exh. 1 - Plaint
    Exh. 2 - Vakalatnama. O- Seen and filed.
    Exh. 3 - Address Memo. O- R and R.
    Exh. 4 - List of documents. O - Seen and filed.
    Exh. 5 - Affidavit in support of plaint.
    Heard, Adv. Tripathi.  According to him the defendants are insisting the plaintiff no. 1 to admit only students of particular community and on that count they are harassing the plaintiffs and also obstructing the entry of students etc.   None for defendants.  In the circumstances considering the submissions the following order is passed -
    1.  Issue writ of summons to the defendants for settlement of issues r/o 22.03.2019.
    2.  Issue notice to the defendants to show cause as to why the interim reliefs prayed for should not be granted in favour of the plaintiff r/o 06.03.2019.  Short service is allowed.
          The plaintiff is directed to file legible copies of plaint.
    Adjd for hearing ad-interim reliefs and reply to 06.03.2019.
    Next Purpose: HEARING
    Next Hearing Date: 06-03-2019
    
    Date: 06-03-2019
    Business: Resumed.
    Adv. Abhishek Tripathi for plaintiff and Adv. Mahesh Menon for defendants are present.
    Adv. Tripathi tendered registered NM No. 907/2019 with affidavit along with bailiff report of service dtd. 05.03.2019.
    Exh. 6 - Vakalatnama of Adv. Menon for def. Nos. 1 to 3. O- filed.  He undertakes to file reply to the NM and to supply its copy in advance to advocate for plaintiff.
    Adjd for NM reply/arguments to 13.03.2019.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 13-03-2019
    
    Date: 13-03-2019
    Business: Resumed.
    Adv. Mahesh Menon for defendant is present.
    Exh. 7 - written statement of defendant.
    Exh. 8 - Pursis to treat written statement as NM reply.
    The P.O. is busy in dictating NM orders in Suit No. 2783/2014.  For want of time the board is discharged.
    Adjd for NM reply to 25.03.2019.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 25-03-2019
    
    Date: 25-03-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 18-06-2019
    
    Date: 25-03-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 18-06-2019
    
    Date: 18-06-2019
    Business: None present for plaintiff.
    Adv. Chetan Mendhalkar for defendant nos. 1 to 3 present.
    The counsel for the defendant nos. 1 to 3 submitted that on previous date the defendants filed pursis for taking their written statement and reply to NM and the same is reflected in roznama.  Hence, the matter is adjourned for hearing on NM to 14.8.2019.
    LO
    Adv. Abhishek Tripathi for plaintiff present.
    Matter is already adjourned for hearing on NM to 14.8.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-08-2019
    
    Date: 14-08-2019
    Business: Adv. V. Tripathi for plaintiff present.
    Adv. Saket Chavn for all defendants present.
    The Ld. Counsel for defendants seek time for hearing NM as the counsel is out of station.
    Adjourned for NM hearing to 11.10.2019
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-10-2019
    
    Date: 11-10-2019
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-12-2019
    
    Date: 11-10-2019
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-12-2019
    
    Date: 11-12-2019
    Business: None for plaintiff.
    Adv. Mr. Chetan Mendhalkar for deft. nos.1 to 3 present.
    Adjourned as a last chance for hearing on N/M.
    The matter is adjd for N/M hearing to 18.02.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-02-2020
    
    Date: 18-02-2020
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 09-04-2020
    
    Date: 18-02-2020
    Business: None for plaintiff.
    Adv. Chetan Mendalkar for deft. nos.1 to 3 present.
    Last chance was granted to plaintiff to argue on N/M.  Put N/M no.907/19 for dismissal order.
    The matter is adjd for dismissal of N/M to 09.04.2020.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 09-04-2020
    
    Date: 09-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 21-04-2020
    
    Date: 09-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 21-04-2020
    
    Date: 21-04-2020
    Business: As per office order no.77/2020 dated 43.5.2020 and due to lock-down, matter is adjourned.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 01-06-2020
    
    Date: 21-04-2020
    Business: As per office order no.77/2020 dated 43.5.2020 and due to lock-down, matter is adjourned.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 01-06-2020
    
    Date: 01-06-2020
    Business: In view of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pademic by WHO and as per Office Order 78 of 2020, matter adjourned
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 18-06-2020
    
    Date: 01-06-2020
    Business: In view of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pademic by WHO and as per Office Order 78 of 2020, matter adjourned
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 18-06-2020
    
    Date: 18-06-2020
    Business: In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 24-08-2020
    
    Date: 18-06-2020
    Business: In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 24-08-2020
    
    Date: 24-08-2020
    Business: None present. In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned to
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 31-08-2020
    
    Date: 24-08-2020
    Business: None present. In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned to
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 31-08-2020
    
    Date: 31-08-2020
    Business: In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 03-11-2020
    
    Date: 03-11-2020
    Business: Both the parties and their advs absent.  Due to COVID 19, the matter is adjd
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 14-01-2021
    
    Date: 03-11-2020
    Business: Both the parties and their advs absent.  Due to COVID 19, the matter is adjd
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 14-01-2021
    
    Date: 14-01-2021
    Business: None present.
    The matter is adjd for dismissal of N/M to 19.03.2021.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 19-03-2021
    
    Date: 14-01-2021
    Business: None present.
    The matter is adjd for dismissal of N/M to 19.03.2021.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 19-03-2021
    
    Date: 19-03-2021
    Business: None present.
    The matter is adjd for dismissal of N/M to 24.06.2021.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 24-06-2021
    
    Date: 24-06-2021
    Business: As P.O is for conducting the training programme and assessing the performance of the Potential Trainer for 40 hrs Online Mediation Training Programme  for the Judicial Officers scheduled to be held from 21st to 25th June and 28th to 30th June 2021.
    Matter adjd to
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 20-08-2021
    
    Date: 24-06-2021
    Business: As P.O is for conducting the training programme and assessing the performance of the Potential Trainer for 40 hrs Online Mediation Training Programme  for the Judicial Officers scheduled to be held from 21st to 25th June and 28th to 30th June 2021.
    Matter adjd to
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 20-08-2021
    
    Date: 20-08-2021
    Business: None present.
    Keep the NM for dismissal  to 18/11/2021
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 18-11-2021
    
    Date: 20-08-2021
    Business: None present.
    Keep the NM for dismissal  to 18/11/2021
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 18-11-2021
    
    Date: 18-11-2021
    Business: P.O.is on leave.
    Matter adjd.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 02-02-2022
    
    Date: 18-11-2021
    Business: P.O.is on leave.
    Matter adjd.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 02-02-2022
    
    Date: 02-02-2022
    Business: Adv Doshi for deft no. 1,2 & 3 present.
    As per Office Order No. \''07of 2022\'' and \''03 of 2022\'' only urgent matter is to be taken up for hearing therefore matter is adjd to   28/03/2022 for NM Dismissal.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 28-03-2022
    
    Date: 02-02-2022
    Business: Adv Doshi for deft no. 1,2 & 3 present.
    As per Office Order No. \''07of 2022\'' and \''03 of 2022\'' only urgent matter is to be taken up for hearing therefore matter is adjd to   28/03/2022 for NM Dismissal.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 28-03-2022
    
    Date: 28-03-2022
    Business: None for pltff.
    Adv. Shridevi Khot for deft no. 1 present.
    Order below NM No. 907/19-
    Since long nobody is appearing for the pltff.  On 11/12/2019 i.e. prior to pandemic situation the last chance was granted.  On 18/02/2020 the NM is kept for dismissal. Since then it is under the caption of dismissal.  Today also none appeared therefore NM No. 907/19 stands dismissed in default.  It be removed from the board.
    Matter is adjd to 22/07/2022 for framing of issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 22-07-2022
    
    Date: 22-07-2022
    Business: None present for plaintiff.
    Adv. Pranav Chauhan for defendant is present.
    Matter adjd to 5.11.2022 for draft issues.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 05-11-2022
    
    Date: 05-11-2022
    Business: None for plaintiff.
    Adv. Pranav Chavan for defendant is present.
    Matter adjd to 16/01/2023 for draft issues.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 16-01-2023
    
    Date: 16-01-2023
    Business: None present.
    Matter adjd to 28.03.2023 for draft issues.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 28-03-2023
    
    Date: 28-03-2023
    Business: None present for plaintiff.
    Adv. Pranav Chavan for defendant is present.
    Matter adjd to 27.06.2023 for draft issues.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 27-06-2023
    
    Date: 27-06-2023
    Business: None for plaintiff
    Adv. Pranav Chavan for defendant present.
    Matter stands adjourned on 19/08/2023 for draft issues.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 19-08-2023
    
    Date: 19-08-2023
    Business: None present for plaintiff.
    Adv. Pranav Chavan for defendant is present.
    Roznama shows that since 11.12.2019, none present for plaintiff. It seems that the plaintiff has lost interest in the matter. Hence, the suit No.530/2019 is dismissed for default.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 19-08-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 102193/2019
    Filing Date: 21-02-2019
    First Hearing Date: 01st March 2019
    Decision Date: 19th August 2023
    Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    19 Aug 2023
    Order Details: Other
    Pdf Text: 25 19.08.2023
    SU 530/19
    CORAM : HIS HONOUR JUDGE SHRI V.D.KEDAR
    (C.R.NO.1)
    None present for plaintiff.
    Adv. Pranav Chavan for defendant is present.
    Roznama shows that since 11.12.2019, none present for
    plaintiff. It seems that the plaintiff has lost interest in the
    matter. Hence, the suit No.530/2019 is dismissed for
    default.
    Judge
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