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SUIT - SHORT CAUSE CIVIL SUIT

Prasannkumar Rajaram Salaskar +5 moreVsNarayandas Karsondas Kothari +1 more

CNR MHCC01002439202065-COURT 65 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
PENDING

TrustJury record updated 28 Sept 2026

Case Overview

Registration Number
101840/2022
Registration Date
17 Aug 2022
Next Hearing Date
18 Nov 2026
Case Stage
DISMISSAL

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    8

    Acts & Sections

    1
    CODE OF CIVIL PROCEDURE · Sec 9

    Case History / Proceedings

    Case History
    Date: 07-09-2022
    Business: None present for both sides.
    Plaint, Exh.1
    Vakalatnama, Exh.2
    Memorandum of registered address, Exh.3
    List of documents, Exh.4
    ORDER BELOW EXH.1
    Issue suit summons to the defendants.
    Matter adjd to 25.11.2022 for service affidavit.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 25-11-2022
    
    Date: 25-11-2022
    Business: Adv.Bharat Jain for plaintiff present.
    None present for deft.
    Adv.of plaintiff filed service affidavit a/w.summons , envelopes t.o.r. and marked as Exh.5 (colly.).
    Matter adj. to 01.02.2023 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 01-02-2023
    
    Date: 01-02-2023
    Business: None present
    Matter adjd to 10/04/2023  for steps by plaintiff.
    L.O at 12.20 Hrs.
    Adv. Shri Bharat Jain present for Plaintiff.
    Exh. 6 : Application for substituted service as per Order V rule 20 of CPC.
    ORDER on Exh. 6 :
    Read the application. Heard the plaintiff. Read reports of service. Allowed for pasting with paper publication.
    Matter adjourned to 10/04/2023 for Steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 10-04-2023
    
    Date: 10-04-2023
    Business: Adv.Bharat Jain for plaintiff present.
    None present for defendant.
    Plaintiff requested for extension of time for service by pasting and paper publication. O-Time is extended for service by pasting and paper publication.
    Matter adjd to 05.07.2023 for service affidavit.
    Judge
    LO at 11.50 am
    Adv.Shri.S. P. Nalawade present and filed vakalatnama for applicant Nanda Desai. Vakalatnama is marked as Exh.7.
    He also filed intervening application a/w. affidavit. TOR and marked as Exh.8 and Exh.9 respectively.
    Matter adjd to 05.07.2023 for service affidavit.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 05-07-2023
    
    Date: 05-07-2023
    Business: Adv.  Bharat Jain for plaintiff present and filed say on Exh.8
    None for defendant
    Adv. Aparna Dubale for intervener present
    Order below Exh. 8 -
    From the perusal of application, it is seen that it is filed by  Nanda Pramod Desai with a prayer to discard the bailiff report about the pasting of the writ of summons notice on the outer door of the defendants, on the ground that she is residing on the same address since last more than 29 years and neither the defendant no. 1 nor the defendant no. 2 reside on the given address. In support of her submission she produced on record a copy of share certificate which was originally issued in the name of one Dilip Shankar Shishupal and the same has been transferred in her name of on 06-08-1994. Thus according to the applicant the said service of writ of summons on the defendants no. 1 and 2 cannot be said to be a valid service. The Ld. Counsel for the plaintiff vide his say given on the application stated that the defendants have changed their address and hence, plaintiffs have no objection for allowing the present application. After considering the application I find substance in the application to allow the same. Hence, the application Exh. 8 stands allowed.  The service of writ of summons issued to the defendants at the address Rajnigandha Building no. 3, ground floor, room no. 112 , D.N. Nagar, Andheri West, Mumbai is not valid service on them and the plaintiff shall take necessary steps so as to serve the defendants no. 1 and 2 on the correct address. The matter is adjourned for compliance by the plaintiff
    Matter is adjd.to 11-09-2023 for compliance by plaintiff.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 11-09-2023
    
    Date: 11-09-2023
    Business: Adv. Bharat Jain for plaintiff present.
    None for defendant
    Matter is adjd.to  04-11-2023 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 04-11-2023
    
    Date: 04-11-2023
    Business: Adv. Bharat Jain   for plaintiff present.
    None for defendant
    Matter is adjourned to 11-01-2024 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 11-01-2024
    
    Date: 11-01-2024
    Business: None for Plaintiff present.
    None for defendant present.
    Later on at 11.57 am.
    Adv. Bharat Jain for plaintiff present and requested to issue fresh writ of summons to defendants No.1 and 2 for paper publication.
    Issue fresh writ of summons to defendants No.1 and 2 for paper publication.
    Matter stands adjourned on 15.04.2024 for steps to serve defendants No.1 and 2 as per ordered dated 05.07.2023.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 15-04-2024
    
    Date: 15-04-2024
    Business: None for Plaintiff present.
    None for defendants No.1 and 2 present.
    Matter stands adjourned on 29.07.2024 for taking steps to serve defendants No.1 and 2 as per order dated 05.07.2023.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 29-07-2024
    
    Date: 29-07-2024
    Business: None for plaintiff present.
    None for defendant present.
    Matter adjourned for taking steps regarding service of defendant No.1 and 2.
    Matter stands adjourned on  03/10/2024 for taking steps regarding service of defendant No.1 and 2.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 10-09-2024
    
    Date: 10-09-2024
    Business: Not On Board, Taken On Board
    There is element of settlement of dispute between parties.
    Hence, matter is kept in Lok-Adalat scheduled on 28.09.2024.
    Accordingly, issue notice to all parties to suit.
    Matter stands adjourned on 28.09.2024 for Lok-Adalat.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 28-09-2024
    
    Date: 28-09-2024
    Business: Matter pertains to C.R. No. 65
    None present for Plaintiff
    None present for Defendant.
    Matter adjd to 03.10.2024
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 03-10-2024
    
    Date: 03-10-2024
    Business: None for plaintiff present.
    None for defendant present.
    Matter adjourned for for taking steps.
    Matter stands adjourned on 18/12/2024 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 26-11-2024
    
    Date: 26-11-2024
    Business: Not On Board, Taken On Board
    There is element of settlement of dispute between parties.
    Hence, matter is kept in Lok-Adalat scheduled on 14.12.2024.
    Accordingly, issue notice to all parties to suit.
    Matter stands adjourned on 14.12.2024 for Lok-Adalat.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 14-12-2024
    
    Date: 14-12-2024
    Business: NATIONAL LOK ADALAT HELD ON 14.12.2024 (PANEL- VIII)
    Matter pertains to CR No.65
    Plaintiff No.4 present.
    Adv. Bharat Jain for plaintiff present.
    None for defendant.
    Matter is adjd to 18.12.2024.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 18-12-2024
    
    Date: 18-12-2024
    Business: P. O. is on half day leave (First Half).
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 05-02-2025
    
    Date: 05-02-2025
    Business: None for plaintiff present.
    None for defendant present.
    Matter stands adjourned on 22/03/2025 for Lok-Adalat.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 22-03-2025
    
    Date: 22-03-2025
    Business: Matter pertaining to C.R. No.65
    Advocate for plaintiff absent.
    Advocate for defendant absent.
    Matter is adjd to 02.04.2025 for
    Next Purpose: SETTLEMENT
    Next Hearing Date: 02-04-2025
    
    Date: 02-04-2025
    Business: None for plaintiff present.
    None for defendant present.
    Case was kept in National Lok-Adalat held on 22/03/2025. Settlement had not taken place. Considering the element of settlement in the matter, same is posted in Second National Lok-Adalat scheduled to be held on 10/05/2025. Parties to take note. Accordingly, issue notice to parties.
    Matter stands adjourned on 10/05/2025 for Lok-Adalat.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 10-05-2025
    
    Date: 10-05-2025
    Business: Matter pertains to C.R. No. 65
    Plaintiff no. 3 in person present and filed application at Exhibit-10  requesting the matter from caption of Mediation. it means today matter is not going to settle. Hence adjourned.
    Matter adjd to 24/06/2025.
    Adv. Ms. Amreen Shariff                             HHJ. SHRI. U. C. DESHMUKH
            Panel Member                                                        Panel Head
    Next Purpose: FOR___________________
    Next Hearing Date: 24-06-2025
    
    Date: 24-06-2025
    Business: P.O. is on leave.
    Next Purpose: FOR___________________
    Next Hearing Date: 29-07-2025
    
    Date: 29-07-2025
    Business: None for plaintiff present.
    None for defendant present.
    The record revels that since 15/07/2024 no proper steps  for service of summons taken by the plaintiff. In meantime the matter sent to Lok-Adalat also but the stage is same that plaintiff to take steps. The matter not settled in the Lok-Adalat. However, the steps are not taken by the plaintiff to proceed with the matter so  matter is posted for taking steps/ dismissal order for want of taking steps.
    Matter stands adjourned on 12/09/2025 for taking steps/ dismissal order for want of taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 12-09-2025
    
    Date: 12-09-2025
    Business: None for plaintiff present.
    None for defendant present.
    The roznama dated 29/07/2025 specifically speaks that plaintiff is not taking steps since long so the matter is put up for steps/ dismissal order. However, no steps taken by the plaintiff since then. Today also no application has been filed it appears that plaintiff is not interested in proceeding with the matter. So matter is posted for dismissal in default for want of steps.
    Matter stands adjourned on 10/10/2025 for dismissal order.
    Next Purpose: DISMISSAL
    Next Hearing Date: 10-10-2025
    
    Date: 10-10-2025
    Business: None for plaintiff present.
    None for defendant present.
    Keep Back.
    Later on.
    Adv. Bhart Jain for plaintiff present and filed application for setting aside dismissal caption. O-In view of the application the matter taken back from dismissal caption and put up for steps to be taken by the plaintiff. Taken on record and marked as Exhibit-11.
    None for defendant present.
    Matter stands adjourned on 03/12/2025 for steps to be taken by the plaintiff.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 03-12-2025
    
    Date: 03-12-2025
    Business: None for plaintiff present.
    None for defendant present.
    Matter stands adjourned on 17/01/2026 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 17-01-2026
    
    Date: 17-01-2026
    Business: None for plaintiff present.
    None for defendant present.
    In view of roznama dated 29/07/2025 on wards the record revels that the plaintiff is not taking any steps to proceed with the matter ample opportunities given to the plaintiff as it is reflects from the record. The matter after keeping for dismissal order again put up for steps as per request through Exhibit-11 made by the plaintiff. But even after last three months no steps are taken by the plaintiff. So matter put up for dismissal order put up in the afternoon session.
    Keep Back.
    Later on.
    Adv. Bharat Jain for plaintiff present and filed draft Chamber Summons along with affidavit. Leave granted to register it.
    None for defendant present.
    Matter stands adjourned on 18/02/2026 for service, reply, and filing registered Chamber Summons.
    Next Purpose: SERVICE
    Next Hearing Date: 18-02-2026
    
    Date: 18-02-2026
    Business: Adv. Bharat Jain for plaintiff present and submitted registered Chamber Summons No.331/2026 along with affidavit. Taken on record.
    None for defendant present.
    Keep Back.
    Later on.
    Adv. Bharat Jain for plaintiff present.
    None for defendant present.
    Heard, submission advanced on merits of the Chamber Summons No.331/2026.
    Matter stands adjourned on 07/03/2026 for order.
    Next Purpose: ORDER
    Next Hearing Date: 07-03-2026
    
    Date: 07-03-2026
    Business: None for plaintiff present.
    None for defendant present.
    Regular stenographer is on Child Care Leave and court remain busy in order in two targeted matters. Hence, matter is adjourned. Parties to take note.
    Matter stands adjourned on 17.03.2026 for Order.
    Next Purpose: ORDER
    Next Hearing Date: 17-03-2026
    
    Date: 17-03-2026
    Business: None for plaintiff present.
    None for defendant present.
    Court is busy in hearing and dictating order in other urgent matter. Hence, matter is adjoured.
    Matter stands adjourned on 06.04.2026 for Order.
    Next Purpose: ORDER
    Next Hearing Date: 06-04-2026
    
    Date: 06-04-2026
    Business: None for plaintiff present.
    None for defendant present.
    Matter is agian called out at 4.30 p.m. none of the parties and there advocate present. Hence order on C/S adjourned.
    Matter stands adjourned on 29-04-2026 for order.
    Next Purpose: ORDER
    Next Hearing Date: 29-04-2026
    
    Date: 29-04-2026
    Business: None for plaintiff present.
    None for defendant present.
    Keep Back. Later on.
    None for plaintiff present.
    None for defendant present.
    F.R.S.R. following order is passed in Chamber Summons No. 331/26.
    ORDER
    1. The present Chamber Summons No. 331 of 2026 is made 	absolute in terms of prayer clause a and b.
    2. Plaintiff is permitted to delete the address of defendant as Rajnigandha Building No.3, Ground Floor, Room No.112, D. N. Nagar, Andheri West, Mumbai-400058.
    3. Plaintiff is further directed to take fresh steps for serving writ of summons to defendant by finding their new address or by way of substitute service, if new address is not traceable.
    4. The present Chamber Summons No.331 of 2026 is disposed of accordingly.
    Matter stands adjourned on 08-05-2026 for Compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 08-05-2026
    
    Date: 08-05-2026
    Business: None for plaintiff present.
    None for defendant present.
    Order is not yet complied. Hence adjourned for compliance.
    Matter stands adjourned on 04-07-2026 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 04-07-2026
    
    Date: 04-07-2026
    Business: None for plaintiff present.
    None for defendant present.
    Order passed in Chamber Summons no 331/2026 is not complied since 08-05-2026. Hence, matter is kept for compliance of order as last chance.
    Matter stands adjourned on 01-09-2026 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 01-09-2026
    
    Date: 01-09-2026
    Business: None for plaintiff present.
    None for defendant present.
    The order passed in Chamber Summons   is not complied. Plaintiff is not turning up since last two dates. Hence, matter is kept for dismissal u/o 39, Rule 11 of CPC Bombay Amendment.
    Matter stands adjourned on 18-11-2026 for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 18-11-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 102645/2020
    Filing Date: 26-02-2020
    First Hearing Date: 07th September 2022
    Court Number And Judge: 65-COURT 65 ADDL SESSIONS JUDGE

    Orders

    0

    No order text is available in this record.

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