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SUIT - SHORT CAUSE CIVIL SUIT

Rohit Anil DeshpandeVsState of Mharashtra +1 more

CNR MHCC0100213220189-COURT 09 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DECREED
Decision Date: 08th May 2024

TrustJury record updated 09 Sept 2026

Case Overview

Registration Number
102238/2018
Registration Date
27 Aug 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 22-10-2018
    Business: Matter adj. to 07/01/2019 for Writ of Summons.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 07-01-2019
    
    Date: 07-01-2019
    Business: None present for plaintiff. Affidavit of service to defendants not tendered hence, adjd. to 04.05.2019 for order.
    Next Purpose: ORDER
    Next Hearing Date: 04-05-2019
    
    Date: 04-05-2019
    Business: Adv. Shinde for plaintiff present and seeks extension in time to serve letter of request on the defendant. O- Time extended till next date.
    Adjourned to 03.07.2019 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 03-07-2019
    
    Date: 03-07-2019
    Business: Adv. Shirish Sigwan for the Plaintiff present.
    Adv for the Plaintiff seeks extension of time to serve writ of summons to Defendant no.1 and 2. Granted.
    Matter is adjd. to 11.10.2019 for proof of service of writ of summons.
    Next Purpose: SERVICE
    Next Hearing Date: 11-10-2019
    
    Date: 11-10-2019
    Business: Adv. Abhishek for the Plaintiff present.
    Adv. Ms. Chandramore for BMC/Defendant no. 2 present.
    Affidavit of service of Defendant no. 2 and letter of request tendered by the Plaintiff. t.o.r.
    The Plaintiff to explain due service of Defendant no. 1.
    Matter is adjd. to 14.02.2020 for WS by Defendant no. 2
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 14-02-2020
    
    Date: 14-02-2020
    Business: Adv. Kiran Shinde for plaintiff is present.
    Adv. Chandramore for defendant no. 2 is present. Defendant no. 2 failed to file WS. Therefore, No WS order is passed against defendant no. 2
    Matter is adjd. for proof of service of defendant no. 1 to 03/04/2020.
    Next Purpose: SERVICE
    Next Hearing Date: 03-04-2020
    
    Date: 03-04-2020
    Next Purpose: SERVICE
    Next Hearing Date: 17-04-2020
    
    Date: 17-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SERVICE
    Next Hearing Date: 06-05-2020
    
    Date: 06-05-2020
    Next Purpose: SERVICE
    Next Hearing Date: 28-05-2020
    
    Date: 28-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SERVICE
    Next Hearing Date: 15-06-2020
    
    Date: 15-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SERVICE
    Next Hearing Date: 07-11-2020
    
    Date: 07-11-2020
    Business: Due to lockdown because of Covid-19, board is discharged and as per SOP only urgent matters are taken up.
    Next Purpose: SERVICE
    Next Hearing Date: 08-02-2021
    
    Date: 08-02-2021
    Business: None for plaintiff.
    Adv. Chandramore for the defendant No.2.
    Defendants no.1 and 2 have failed to file WS. Hence, the suit to proceed without WS against them.
    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 03/05/2021 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 03-05-2021
    
    Date: 03-05-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: COMPLIANCE
    Next Hearing Date: 16-07-2021
    
    Date: 16-07-2021
    Business: Due to COIVD-19 pandemic.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 01-09-2021
    
    Date: 01-09-2021
    Business: court is on leave
    Next Purpose: COMPLIANCE
    Next Hearing Date: 25-10-2021
    
    Date: 25-10-2021
    Business: None for plaintiffs.
    Adv. Kapse for the defendant No.1 present.
    Adv. Hajare for the defendant/BMC present.
    Matter is adjd. to 21/12/2021 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 21-12-2021
    
    Date: 21-12-2021
    Business: Adv. Chandra More for BMC present.
    Plff failed to file paper publication on record. Hence matter adjd. for dismissal order.
    Matter is adjd. to 15-01-2022 for dismissal order.
    Next Purpose: DISMISSAL
    Next Hearing Date: 15-01-2022
    
    Date: 15-01-2022
    Business: Due to SOP only urgent matters are taken up.
    Matter is adjd. to 09.03.2022 for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 21-01-2022
    
    Date: 21-01-2022
    Business: By precipe.
    Adv Kiran Shinde for plaintiff present.
    Exh.1- Plaintiff
    Exh.2-VN
    Exh.3-Memorandum of Address
    Exh.4- List of documents.
    Exh.5  He filed application for removal of matter from dismissal caption. TOR O- Perused application. Matter is removed from dismissal caption in the interest of justice.
    Plaintiff failed to comply the order dated 08.02.2021 regarding paper publication of the summons. Hence, the suit was fixed for dismissal. However, as per the order below application at Exh.5, suit is removed from dismissal caption. Plaintiff is directed to comply immediately. Time is extended for compliance at the request for the ld advocate for the plaintiff.
    Matter is already adjd. to 09.03.2022
    Next Purpose: DISMISSAL
    Next Hearing Date: 09-03-2022
    
    Date: 09-03-2022
    Business: Adv. Sunil Pandey for Plff. present and files newspaper\''s of publishing writ summons. TOR .
    Plff. has filed service affidavit. It appears that service is effected on the office of the Chief Secretary of Government of Maharashtra. Plff. is directed to serve the same on the office of Government Pleader.
    Deft. NO. 2 is duly served.
    No written statement is filed by Deft. no. 2.
    Suit to proceed without written statement of Deft. no.2.
    Matter is adjd. to 09-06-2022 for Compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 09-06-2022
    
    Date: 09-06-2022
    Business: None present for the parties.
    Matter is adjd. to 29-07-2022 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 29-07-2022
    
    Date: 29-07-2022
    Business: court is on leave
    Next Purpose: COMPLIANCE
    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 02.11.2022 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 02-11-2022
    
    Date: 02-11-2022
    Business: Adv. Jyoti Mishra for plaintiff present and seeking time to serve the copy to government pleader. Time granted.
    None present for defendant.
    Matter is adjd. to 19.12.2022 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 19-12-2022
    
    Date: 19-12-2022
    Business: Adv. Shirish Shigvan for plaintiff present and filed application to issue fresh request of letter. Permission granted. TOR. It is marked at Exh.6.
    None present for defendant.
    Matter is adjourned to 23.02.2023 for Compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 23-02-2023
    
    Date: 23-02-2023
    Business: As Court is busy in hearing arguments in Suit Nos. 2576/2019, 1188/22 and dictating order in Review Petition No. 22/2023.
    Hence, Board is discharged.
    Matter is adjourned to 06.04.2023 for Compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 06-04-2023
    
    Date: 06-04-2023
    Business: As the Court is on leave. Hence, board is discharged and matter adjd. to 17.04.2023.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 17-04-2023
    
    Date: 17-04-2023
    Business: Adv. Quinttin D\''souza I/b NKS Legal for plaintiff present and tendered draft Chamber Summons alongwith affidavit in support. T.O.R. O-Leave is granted to register Chamber Summons. Copy be served to other party.
    Adv. Chandramore for defendant No.2/BMC present.
    Matter is adjourned to 23.06.2023 for affidavit of service of Chamber Summons.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 23-06-2023
    
    Date: 23-06-2023
    Business: Adv. Mr. Shirish for the plaintiff is present.
    None for defendant.
    Exh.6 -Advocate Mr. Shirish filed Vakalatnama on behalf of plaintiff.
    Advocate for plaintiff tendered registered Chamber Summons No.937/23.
    He also filed service affidavit of chamber summons.
    Adjourned for reply to ch/s to 10.07.2023.
    Next Purpose: C/S REPLY
    Next Hearing Date: 10-07-2023
    
    Date: 10-07-2023
    Business: Adv. Mr. Shirish Shigvan for the plaintiff is present.
    Adv. Mr. Phatak h/f Adv. Kudalkar for defendant/State is present and seeks time to file reply to Ch/s. Time is granted.
    Matter is adjourned to 01.08.2023 for Ch/s reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 01-08-2023
    
    Date: 01-08-2023
    Business: Adv. Ms. Nikita Kamble h/f Adv. Shigwan for the plaintiff is present.
    Adv. Ms. Chandramore for defendant No.2/BMC is present.
    The following Order is passed on Ch/s No. 937/2023:
    	Plaintiff has taken out present Ch/s. to add proposed defendant Nos. 1 (a) and 1 (b) and to carry out necessary amendment in the plaint. Perused Ch/s and affidavit in support of Ch/s. Considering the submissions following Order is passed:
    ORDER
    1.	Chamber Summons No. 937/2023 is made absolute.
    2.	Plaintiff is permitted to amend the plaint as prayed.
    3.	Plaintiff to carry out necessary amendment and to supply 	copy of amended plaint on record within 14 days.
    4.	Chamber Summons No. 937/2023 stands disposed off.
    Matter is adjourned to 17.08.2023 for Compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 17-08-2023
    
    Date: 17-08-2023
    Business: None present for the plaintiff.
    Adv. Ms. Chandramore for defendant No.2/BMC is present.
    Matter is adjourned to 05.10.2023 for WS/Ch/s reply.
    LO at 03:46 pm.
    Adv. Mr. Shirish Shigwan and filed affidavit of service in Ch/s No. 937/2023.
    Next Purpose: C/S REPLY
    Next Hearing Date: 05-10-2023
    
    Date: 05-10-2023
    Business: Adv. Mr. Shirish Shigwan for the plaintiff is present.
    None present for the defendant.
    Adv. for the plaintiff filed amended copy of plaint on record. He also filed letter of request.
    As the Court is busy hearing in NM No. 2022/2010. Hence, board is discharged.
    Matter is adjourned to 09.11.2023 for WS.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 09-11-2023
    
    Date: 09-11-2023
    Business: None present for the plaintiff.
    Adv. Ms. Chandramore for defendant No.2/BMC is present.
    Matter is adjourned to 18.12.2023 for WS.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 18-12-2023
    
    Date: 18-12-2023
    Business: Adv. Mr. Shirish Shigwan for the plaintiff is present.
    Adv. Mr. Suraj Kudalkar for defendant No.1/ State is present and filed memo of appearance. TOR. It is marked at Exh. 08. O-Filed.
    Adv. Ms. Chandramore for defendant No.2 /BMC is present.
    Adv. for defendants seeks time to file WS. Time is granted.
    Matter is adjourned to 06.01.2024 for WS.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 06-01-2024
    
    Date: 06-01-2024
    Business: Adv. Mr.Sigawan for the plaintiff is present.
    Adv. Mr.Vaibhavi Pawar h/f Adv. Kudalkar for defendant no.1a to 1b/State is present.
    Advocate for defendant no.1a to 1b seeks time to filed WS.
    Matter is adjourned to 25.01.2024 for WS.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 25-01-2024
    
    Date: 25-01-2024
    Business: Plaintiff is present.
    Adv. Mr.Swpnil Bagwe for the plaintiff is present.
    Adv. Mrs.Vaibhavi Pawar h/f Adv. Kudalkar for defendant no.1(a) and 1(b) is present.
    Adv. Mrs.Chandramore for defendant/BMC is present.
    Adv. for defendant 1(a) and 1(b) seeks time to file WS.
    Defendant no.2 failed to filed WS. Hence, no WS order passed against defendant no.2.
    Matter is adjourned to 08.02.2024 for WS.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 08-02-2024
    
    Date: 08-02-2024
    Business: Adv. Mr.Shirish Agrawal for the plaintiff is present.
    Adv.Mr.Amit Kapse h/f Adv. Kudalkar for defendant no.1a to 1b/State is present.
    Adv. Mrs.Chandramore for defendant no.2/BMC is present.
    Adv. for defendant no.1a to 1b seeks time to file WS. Time granted for today only.
    Matter is adjourned to 23.02.2024 for W.S.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 23-02-2024
    
    Date: 23-02-2024
    Business: Adv. Mr.Shirish Sigwan for the plaintiff is present.
    Adv. Mr.Krishna Yadav h/f Adv. Kudalkar for defendant no.1a and 1b/State is present.
    Adv. Mrs.Chandramore for defendant no.2/BMC is present.
    Adv. for defendant no.1a and 1b seeks time to file WS.
    Matter is adjourned to 13.03.2024 for WS.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 13-03-2024
    
    Date: 13-03-2024
    Business: Adv. Mr.Shirish Sigwan for the plaintiff is present.
    Adv. Darshan Jain h/f Adv. Kudalkar for defendant No.1(a) and 1(b)/State is present.
    Adv. Mrs.Chandramore for defendant No.2/BMC is present.
    Adv. for defendant No.1(a) and 1(b) seeks time to file WS. O-Time granted for today only.
    Matter is adjourned to 02.04.2024 for W.S.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 02-04-2024
    
    Date: 02-04-2024
    Business: Adv. Mr.Shirish Sigwan for the plaintiff is present.
    Adv. Mr.Amit Kapse h/f Adv. Kudalkar for defendant no.1 (a) and 1(b)/State is present.
    Adv. Mrs.Chandramore for defendant No.2/BMC is present.
    Defendant No.1 (a) and 1(b) and defendant no.2 failed to file WS. Hence, suit to proceed without WS of defendants.
    Matter is adjourned to 12.04.2024 for evidence.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 12-04-2024
    
    Date: 12-04-2024
    Business: Adv. Mr.Nikita Kamble for the plaintiff is present.
    Adv. Mr.Amit Kapase h/f Adv.Kudalkar for defendant is present.
    Adv.Mrs.Chandramore for defendant/ BMC present.
    Adv for plaintiff sought adjournment for filling affidavit of evidence by submitting that the plaintiff is  not available.
    Matter is adjourned to 23.04.2024 for R.E.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 23-04-2024
    
    Date: 23-04-2024
    Business: None for the plaintiff.
    Adv. Mrs.Chandramore for defendant No.2/BMC is present.
    Matter is adjourned to 03.05.2024 for filing affidavit of evidence.
    LO at.1.18 pm.
    Adv. Mr. Shirish Sigvan for plaintiff is present.
    Adv. for plaintiff filed affidavit of evidence of PW-1 Rohit Anil Deshpande and marked at Exh-9.
    He also filed list of document marked at Exh-10.
    Matter is adjourned to 03.05.2024 for Admission Denial.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 03-05-2024
    
    Date: 03-05-2024
    Business: Adv. Mr.Shirish Sigwan for the plaintiff is present.
    Adv. Mr.Darshan Jain h/f Adv. Kudalkar for defendant No.1 (a) and 1 (b)/State is present.
    Adv. Mrs.Chandramore for defendant No.2/BMC is present.
    Perused say filed by adv. for defendant No.1(a) and 1(b) and defendant no.2 on admission and denial of documents at list Exh-10. Upon hearing both sides, documents at list Exh-10 are exhibited as follows.
    The copy of Missing Complaint certificate dated 16th April, 2010 and marked at Exh-11.
    The copy of Election Card of Shir.Vinit A. Deshpande and marked Exh-12.
    The Original copy of Ration Card of Shir. Vinit A. Deshpande along with the name of the plaintiff and plaintiffs mother and marked at Exh-13.
    The copy of the Certificate dated 24th June, 2017, issued by the Sr. Inspector, Mulund Police Station and marked at Exh-14.
    Cross-examination of PW-1 commenced and completed by adv. for defendant no.1(a) and 1(b) and defendant no.2.
    Adv. for plaintiff filed evidence closed pursis and marked at Exh-15.
    Heard argument by ld adv. for plaintiff and defendants.
    Matter is adjourned to 08.05.2024 for Judgment.
    Next Purpose: JUDGMENT
    Next Hearing Date: 08-05-2024
    
    Date: 08-05-2024
    Business: Adv. Mr. Shirish Ganpat Shigwan for the plaintiff is present.
    Adv. Mr. Samdhan Gund h/f Adv. Mrs.Chandramore for defendant No.2/BMC is present.
    Adv. Mr.Khatib h/f Adv. Kudalkar for defendant no.1/State is present.
    Judgment is dictated and pronounced in open court.
    The Judgment marked at Exh-
    F.R.S.R. the following Order is passed on Suit No. 2238 of 2018.
    O R D E R -
           1. The  suit No.2238 of 2018 is hereby decreed.
           2. It is hereby declared that the brother of the plaintiff Shri. Vinit Anil Deshpande is not being heard of for more than last seven years and he is Civil Dead.
           3. The defendants are directed to register the death of Shri. Vinit Anil Deshpande and to issue death certificate accordingly.
           4. No order as to costs of the suit.
           5. Decree be drawn up accordingly.
           6. The original documents, if any, be returned to the plaintiff after the appeal period is over.
    8. The suit stands disposed of accordingly.
    Nature Of Disposal: DECREED
    Disposal Date: 08-05-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 102257/2018
    Filing Date: 09-02-2018
    First Hearing Date: 22nd October 2018
    Decision Date: 08th May 2024
    Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE

    Orders

    4
    Final Order 2Full order available
    08 May 2024

    Order Details: Copy of Judgment Pdf Text: 1 Lodged on : 09.02.2018 Registered on : 27.08.2018 Decided on : 08.05.2024 Duration : 06 Y : 02 M : 30 D EXHIBIT-16 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY SUIT NO. 2238 OF 2018 (C.N.R. NO. MHCC01-002132-2018) Rohit Anil Deshpande ] Age 34 years, Occ. Service ] R/a. : Room No.4, Om Shree Vinayak] Society, Near Nene Classes, ] Manisha Nagar, Kalwa (East), Thane ] ... Plaintiff. V/s. 1. The…

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    Final Order 1Full order available
    08 May 2024

    Order Details: Copy of Decree Pdf Text: 1 Lodged on : 09.02.2018 Registered on : 27.08.2018 Decided on : 08.05.2024 Duration : 06 Y : 02 M : 30 D EXHIBIT-16 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY SUIT NO. 2238 OF 2018 (C.N.R. NO. MHCC01-002132-2018) Rohit Anil Deshpande ] Age 34 years, Occ. Service ] R/a. : Room No.4, Om Shree Vinayak] Society, Near Nene Classes, ] Manisha Nagar, Kalwa (East), Thane ] ... Plaintiff. V/s. 1. The…

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    Order 2Full order available
    08 May 2024

    Order Details: Copy of Judgment Pdf Text: 1 Lodged on : 09.02.2018 Registered on : 27.08.2018 Decided on : 08.05.2024 Duration : 06 Y : 02 M : 30 D EXHIBIT-16 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY SUIT NO. 2238 OF 2018 (C.N.R. NO. MHCC01-002132-2018) Rohit Anil Deshpande ] Age 34 years, Occ. Service ] R/a. : Room No.4, Om Shree Vinayak] Society, Near Nene Classes, ] Manisha Nagar, Kalwa (East), Thane ] ... Plaintiff. V/s. 1. The…

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    Order 1Full order available
    08 May 2024

    Order Details: Copy of Decree Pdf Text: 1 Lodged on : 09.02.2018 Registered on : 27.08.2018 Decided on : 08.05.2024 Duration : 06 Y : 02 M : 30 D EXHIBIT-16 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY SUIT NO. 2238 OF 2018 (C.N.R. NO. MHCC01-002132-2018) Rohit Anil Deshpande ] Age 34 years, Occ. Service ] R/a. : Room No.4, Om Shree Vinayak] Society, Near Nene Classes, ] Manisha Nagar, Kalwa (East), Thane ] ... Plaintiff. V/s. 1. The…

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