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SUIT - SHORT CAUSE CIVIL SUIT

Mala Shaktivel DasVsDy. Collector ENC Colaba Division

CNR MHCC0100213420208-COURT 08 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 18th March 2023

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100909/2020
Registration Date
02 Mar 2020

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 2 · Order 39 · Rule 1

    Case History / Proceedings

    Case History
    Date: 23-03-2020
    Next Purpose: DIRECTIONS
    Next Hearing Date: 01-04-2020
    
    Date: 01-04-2020
    Next Purpose: DIRECTIONS
    Next Hearing Date: 16-04-2020
    
    Date: 16-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: DIRECTIONS
    Next Hearing Date: 05-05-2020
    
    Date: 05-05-2020
    Next Purpose: DIRECTIONS
    Next Hearing Date: 27-05-2020
    
    Date: 27-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: DIRECTIONS
    Next Hearing Date: 12-06-2020
    
    Date: 12-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: DIRECTIONS
    Next Hearing Date: 05-10-2020
    
    Date: 05-10-2020
    Business: Court is on leave
    Next Purpose: DIRECTIONS
    Next Hearing Date: 02-02-2021
    
    Date: 02-02-2021
    Business: Adv. Mr. Vijay Dubey for the plaintiff.
    None for defendants.
    Draft NM along with affidavit of support tendered by advocate for the plaintiff. O-  Leave to register N/M is granted. N/M is made r/o 07/04/2021
    Matter is adjd. to 07/04/2021 for tendering registered NM.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 07-04-2021
    
    Date: 07-04-2021
    Business: Due to SOP only urgent matter  are taken up. Hence, the Board is
    discharged.
    Matter is adjd. to 05.07.2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-07-2021
    
    Date: 05-07-2021
    Business: due to covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-08-2021
    
    Date: 30-08-2021
    Business: Court is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-10-2021
    
    Date: 28-10-2021
    Business: None present.
    Leave was granted to plaintiff to register NM on 02/02/2021. But, till today, NM is not registered. Therefore, earlier leave is cancelled.
    Matter is adjd. to 21/01/2022 for service of summons proof on defendants.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 21-01-2022
    
    Date: 21-01-2022
    Business: Due to SOP only urgent matters are taken up.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 18-04-2022
    
    Date: 18-04-2022
    Business: None present for plaintiff.
    None present for defendant.
    It appears that since long Plaintiff is absent and did not take steps to proceed further. Issue writ of summons to defendants.
    Matter adjourned for proof of service/service of writ of summons to 23.06.2022.
    Next Purpose: SERVICE
    Next Hearing Date: 23-06-2022
    
    Date: 23-06-2022
    Business: None present for plaintiff.
    None present for defendant.
    It appears that, plaintiff and his advocate are absent since long and did not take steps for service of writ of summons to the defendants.
    Therefore, Matter adjourned for dismissal order to 11/07/22.
    Next Purpose: DISMISSAL
    Next Hearing Date: 11-07-2022
    
    Date: 11-07-2022
    Business: Adv. Priyansh Shukla present for plaintiff and sought adjournment on the ground that advocate on record is not feeling well and sought extension of time for service of writ of summons.
    Order - Time for service of writ of summons is extended till next date.
    None present for defendant.
    Matter adjourned for service of writ of summons and nm and reply to 12/08/22.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 12-08-2022
    
    Date: 12-08-2022
    Business: Adv. Vijay dubey present for plaintiff and sought adjournment.
    None present for defendants.
    Matter adjourned for service of writ of summons and nm to 03/10/22.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 03-10-2022
    
    Date: 03-10-2022
    Business: None present for plaintiff.
    None present for defendant.
    As both the parties and their advocates are absent, Matter adjourned for service of notice and service of writ of summons/order to 01/11/22.
    Next Purpose: SERVICE
    Next Hearing Date: 01-11-2022
    
    Date: 01-11-2022
    Business: None present for plaintiff.
    None present for defendant.
    As plaintiff and his adv. are absent, Matter adjourned for service of writ of summons and service of notice of nm to 15/12/22.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 15-12-2022
    
    Date: 15-12-2022
    Business: None present for plaintiff.
    None present for defendant.
    As plaintiff and his adv. are absent, Matter adjourned for service of nm and service of writ to 24/01/23.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 24-01-2023
    
    Date: 24-01-2023
    Business: None present for plaintiff.
    None present for defendants.
    As plaintiff and his adv. are absent, Matter adjourned for proof of service/order to 07-03-23.
    Next Purpose: SERVICE
    Next Hearing Date: 08-03-2023
    
    Date: 08-03-2023
    Business: None present for plaintiff.
    None present for defendants.
    As plaintiff and his adv. are absent, and did not tendered affidavit of service and did not take steps for service. Matter adjourned for dismissal order of draft nm and suit to 18/03/23.
    Next Purpose: DISMISSAL
    Next Hearing Date: 18-03-2023
    
    Date: 18-03-2023
    Business: None present for plaintiff.
    None present for defendants.
    From the record it appears that, plaintiff and her advocate are absent since long and did not take steps to proceed further with the suit and did not take steps for service of writ of summons for production of affidavit of service. Therefore matter is kept for dismissal order. Today also plaintiff and her advocate are absent. From the above conduct of the plaintiff, it appears that plaintiff is not interested to proceed further with the suit. Therefore, it will be appropriate to dismiss the suit as per Order 9 Rule 2/5 Of Code of Civil Procedure. Hence, suit is dismissed as per Order 9 Rule 2/5 of Code Of Civil Procedure. Proceeding is closed.
    Nature Of Disposal: DISMISSED
    Disposal Date: 18-03-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 102284/2020
    Filing Date: 17-02-2020
    First Hearing Date: 23rd March 2020
    Decision Date: 18th March 2023
    Court Number And Judge: 8-COURT 08 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    18 Mar 2023
    Order Details: Other
    Pdf Text: Daily Status
    IN THE COURT OF :COURT 08 ADDL SESSIONS JUDGE
    Case No. :SUIT/0100909/2020
    Mala Shaktivel Das Vs Dy. Collector ENC Colaba Division
    Date : 18-03-2023
    Business : None present for plaintiff. None present for defendants.
    From the record it appears that, plaintiff and her advocate
    are absent since long and did not take steps to proceed
    further with the suit and did not take steps for service of
    writ of summons for production of affidavit of service.
    Therefore matter is kept for dismissal order. Today also
    plaintiff and her advocate are absent. From the above
    conduct of the plaintiff, it appears that plaintiff is not
    interested to proceed further with the suit. Therefore, it will
    be appropriate to dismiss the suit as per Order 9 Rule 2/5
    Of Code of Civil Procedure. Hence, suit is dismissed as per
    Order 9 Rule 2/5 of Code Of Civil Procedure. Proceeding is
    closed.
    Nature of Disposal : DISMISSED
    Disposal Date : 18-03-2023
    COURT 08 ADDL SESSIONS JUDGE
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