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SUIT - SHORT CAUSE CIVIL SUIT

Usha Bharat GaikwadVsDipak Sitaram Chauhan

CNR MHCC0100209020192-COURT 02 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DECREED
Decision Date: 02nd May 2022

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
100554/2019
Registration Date
01 Mar 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Hindu Marriage Act · Sec 34 · 37

    Case History / Proceedings

    Case History
    Date: 22-03-2019
    Business: Adv. N.K.Dubey for Plaintiff present.
    Affidavit of service filed by Plaintiff t.o.r.
    Issue fresh writ of summons for settlement of issues and filing written statement against Defendant throught Bailiff.
    Adj for service to 24.06.2019.
    Next Purpose: SERVICE
    Next Hearing Date: 24-06-2019
    
    Date: 24-06-2019
    Business: Adv. N.K.Dubey for Plaintiff present.
    Deft and Adv absent.
    Adv for Plaintiff sought extension of time for service of writ of summons.
    Time is extended.
    Adj for service to 21.08.2019.
    Next Purpose: SERVICE
    Next Hearing Date: 21-08-2019
    
    Date: 21-08-2019
    Business: Adv. V.T.Dubey for Plaintiff present.
    Deft and Adv absent.
    Ex.2 Original writ of summons filed by Adv for Plaintiff t.o.r.
    Summons is duly served upon defendant.
    Adj for directions to 03.10.2019.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 03-10-2019
    
    Date: 03-10-2019
    Business: None present.
    Defendant remained absent despite service of Writ of summons. Therefore, suit is to proceed ex-parte against defendant.
    Adjd. to 19.11.2019 for ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 19-11-2019
    
    Date: 19-11-2019
    Business: Adv. N. K. Dubey for plaintiff present.
    He sought adjournment  Granted.
    Adjourned to 20.01.2020 for evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 20-01-2020
    
    Date: 20-01-2020
    Business: Adv. Rashid Ansari for plaintiff present.
    He sought adjournment.
    O- Granted.
    Adjourned to 7.03.2020 for R/E.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 07-03-2020
    
    Date: 07-03-2020
    Business: Plff absent.
    Adv Dube for plff present.
    He seeks time to file affidavit of examination-in-chief of plff.  Granted.
    Matter stands Adj for ex-parte evidence to 30/03/2020.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 30-03-2020
    
    Date: 30-03-2020
    Business: adjourned
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 15-04-2020
    
    Date: 15-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 22-04-2020
    
    Date: 22-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 02-06-2020
    
    Date: 02-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 19-06-2020
    
    Date: 19-06-2020
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 17-08-2020
    
    Date: 17-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 12-10-2020
    
    Date: 12-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 08-12-2020
    
    Date: 08-12-2020
    Business: Adv M. K. Dubey for plff present.
    Witness absent.
    Matter stands Adj for ex-parte evidence to 06/02/2021.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 06-02-2021
    
    Date: 06-02-2021
    Business: None present.
    Matter stands Adj for Ex-parte Evidence to 22/03/2021.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 22-03-2021
    
    Date: 22-03-2021
    Business: Adv V. T. Dubey for plff present.
    He seeks time for evidence.  Granted.
    Matter stands Adj for Ex-parte Evidence to 07/06/2021.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 07-06-2021
    
    Date: 07-06-2021
    Business: Due to covid matter adjourned.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 19-07-2021
    
    Date: 19-07-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 04-09-2021
    
    Date: 04-09-2021
    Business: Adv Dube for plff present.
    He seeks time to file evidence of plff.  Granted as last chance.
    Matter stands Adj to 29/11/2021 for Ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 29-11-2021
    
    Date: 29-11-2021
    Business: Plff present.
    Adv N. K. Dube for plff present.
    Case is already proceeded ex-parte against defts.
    Exh 03 - Adv for plf filed affidavit of examination-in-chief of plff. t.o.r.
    Exh 04 - He filed compilation of documents along with list. t.o.r.
    Heard Adv for plff.  Following documents are marked as exhibits -
    Exh 05 - Office copy of letter dated 31/03/1990 issued by Tahasilar to the plff.
    Exh 06 (colly) - Two original Ration cards of the plff.
    Exh 07 - Electricity bill.
    Exh 08 (colly) - Assessment bills issued by MCGM.
    Exh 09 - Original Aadhar card of plff.
    Exh 10 - Original Election ID card of the plff.
    Exh 11 - Original Birth Certificate of Bharat Gaikwad, son of plff.
    Exh 12 - Notice dated 23/09/2013 issued by Assistant Engineer (B&F), \''L\'' ward.
    Adv for plff seeks to file some documents.
    Matter stands Adj for Ex-parte Evidence to 11/02/2022.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 11-02-2022
    
    Date: 11-02-2022
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 25-03-2022
    
    Date: 25-03-2022
    Business: Advocate Mr. V.T. Dubey for plaintiff present.
    He submitted that he do not want to filed any other documents on the record.
    Heard Advocate for plaintiff.
    None for defendant.
    Matter stands Adjd. for Judgement to 12-04-2022.
    Next Purpose: JUDGMENT
    Next Hearing Date: 12-04-2022
    
    Date: 12-04-2022
    Business: Adv Vijay Rani Prasad for plff present.
    For want of time, matter stands Adj for Judgment to 21/04/2022.
    Next Purpose: JUDGMENT
    Next Hearing Date: 21-04-2022
    
    Date: 21-04-2022
    Business: Adv Vijay Rani Prasad for plff present.
    For want of time, matter stands Adj for Judgment to 02/05/2022.
    Next Purpose: JUDGMENT
    Next Hearing Date: 02-05-2022
    
    Date: 02-05-2022
    Business: Adv Vijaya Rani Prasad for plff present.
    Judgment.
    F. R. S. R. following order is passed -
    Order
    1. Suit is decreed with costs.
    2. Defendant shall handover possession of the suit premises to the plaintiff within three months from the date of this order.
    3. Defendant is hereby restrained from creating third party interest in the suit premises.
    4. Separate inquiry under Order 20, Rule 12 of the Code of Civil Procedure, 1908 be initiated at the instance of plaintiff, if she desires, for mesne profit.
    5. Decree be drawn up accordingly.
    Nature Of Disposal: DECREED
    Disposal Date: 02-05-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 102304/2019
    Filing Date: 22-02-2019
    First Hearing Date: 22nd March 2019
    Decision Date: 02nd May 2022
    Court Number And Judge: 2-COURT 02 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    02 May 2022

    Order Details: Copy of Judgment Pdf Text: Judgment (Exh.13) ..1.. S.C. Suit No.554 of 2019 MHCC010020902019 Exh.13 Lodged on : 22.02.2019 Registered on : 01.03.2019 Decided on : 02.05.2022 Duration : 03Y 02M 09D IN THE CITY CIVIL COURT FOR GREATER MUMBAI S.C. SUIT NO. 554 OF 2019 (CNR No.MHCC0100 209020 19) Usha Bharat Gaikwad Age : 43 years, R/o. Room No. 22, Stany Chawl, Opposite Building No. 16, Bail bazar, Wadiya Estate, Kurla (W), Mumbai 400 070. ...Plaintiff. Versus…

    Read Full Order

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