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SUIT - SHORT CAUSE CIVIL SUIT

Devi Santoshimatqa Seva Sansthan Trust Through its President Mr. Shailesh Chandrashekhar VermaVsSantosh Sudhakar Satve +1 more

CNR MHCC01002480202021-COURT 21 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
PENDING

TrustJury record updated 28 Sept 2026

Case Overview

Registration Number
101539/2021
Registration Date
02 Mar 2020
Next Hearing Date
22 Oct 2026
Case Stage
AFFIDAVIT OF SERVICE

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    Hindu Marriage Act · Sec 34 · 37

    Case History / Proceedings

    Case History
    Date: 23-03-2020
    Next Purpose: DIRECTIONS
    Next Hearing Date: 01-04-2020
    
    Date: 01-04-2020
    Reason For Adjournment: National Lock Down
    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
    Reason For Adjournment: National Lock Down
    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: 06-06-2020
    
    Date: 06-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: DIRECTIONS
    Next Hearing Date: 24-06-2020
    
    Date: 24-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: DIRECTIONS
    Next Hearing Date: 19-09-2020
    
    Date: 19-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: DIRECTIONS
    Next Hearing Date: 08-12-2020
    
    Date: 08-12-2020
    Business: None present.
    Adjd to 01-03-2021.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 01-03-2021
    
    Date: 01-03-2021
    Business: Adv. Rajiv singh for plaintiff
    None for defendant
    Adv for plaintiff requested for time to extend for registration of NM. O- Granted.
    Adjd for NM registration to 28-07-2021
    Next Purpose: SERVICE
    Next Hearing Date: 28-07-2021
    
    Date: 28-07-2021
    Business: In view of Office Order No.106/21 dated 14.06.2021, only urgent matters are taken for hearing. Hence, board is  discharged.
    The matter is adjd to 12.08.2021.
    Next Purpose: SERVICE
    Next Hearing Date: 12-08-2021
    
    Date: 12-08-2021
    Business: None present.
             Perused the proceeding sheet and plaint.
    2.     Suit was initially registered as a Short Cause Suit. Thereafter, it was transferred to the Commercial Court treating the dispute as a commercial dispute.
    3.    Section 12 of the Commercial Courts Act, 2015  makes a provision for determination of specified value.  As per section 12 (1)(a) of the Commercial Courts Act, 2015, where the relief sought in a suit or application is for recovery of money, the money sought to be recovered in a suit or application inclusive of interest, if any, computed upto the date of filing of the suit or application, as the case may be, shall be taken into account for determining such specified value.
    4.       Plaintiff is seeking damages of Rs.1,00,000/-.  He has valued the suit for Rs.2,00,000/-.  Present suit does not qualify as a Commercial dispute considering the valuation of the claim made by the plaintiff.  Therefore, matter be sent to the Office of Registrar (Civil) for further assignment.
    Matter is adjd for compliance of above order to 28.08.2021.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 28-08-2021
    
    Date: 28-08-2021
    Business: None present.
    Matter stands adjourned to 04.10.2021 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 04-10-2021
    
    Date: 04-10-2021
    Business: None present.
    Matter stands adjourned to 29.11.2021 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 29-11-2021
    
    Date: 29-11-2021
    Business: Matter called out at 4.38 p.m.
    None present.
    Matter stands adjourned to 29.01.2022 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 29-01-2022
    
    Date: 29-01-2022
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: COMPLIANCE
    Next Hearing Date: 23-03-2022
    
    Date: 23-03-2022
    Business: Matter called out at 12.15 p.m.
    None present.
    Matter stands adjourned to 04.05.2022 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 04-05-2022
    
    Date: 04-05-2022
    Business: None present.
    Issue notice of appearance to the parties through bailiff/RPAD.
    Matter stands adjourned to 27.07.2022 for appearance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 27-07-2022
    
    Date: 27-07-2022
    Business: None present.
    Later on at 4.00 p.m.
    Plaintiff in person present on notice of the court. He is directed to pay Rs.200/- as notice charges to Sheriff Office.
    None present for defendant.
    Matter stands adjourned to 27.09.2022 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 27-09-2022
    
    Date: 27-09-2022
    Business: Bailiff report received. TOR. Exh.03.
    Today none present.
    Hence, put up for dismissal.
    Matter stands adjourned to 17.12.2022 for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 17-12-2022
    
    Date: 17-12-2022
    Business: None present.
    K.B.
    Later on at 1.30 p.m.
    None present.
    Matter stands adjourned to 23.03.2023 for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 23-03-2023
    
    Date: 23-03-2023
    Business: Court is on Leave.
    Next Purpose: DISMISSAL
    Next Hearing Date: 12-07-2023
    
    Date: 12-07-2023
    Business: Adv Vivek Dubey for Plaintiff present and seeking time. Time granted.
    None for defendant present.
    Matter stands adjourned on  16-09-2023 for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 16-09-2023
    
    Date: 16-09-2023
    Business: President of trust present.
    Adv Rohan Kharat for Plaintiff present.
    None for defendant present.
    Exh. 5 application for permission for file V/P. TOR.
    Exh.6 V/P filed by Plaintiff. TOR.
    Matter stands adjourned on 23-11-2023 for compliance of order
    dtd. 27.07.2022
    Next Purpose: COMPLIANCE
    Next Hearing Date: 23-11-2023
    
    Date: 23-11-2023
    Business: Advocate Rohan Kharat present for Plaintiff and seeks time for compliance. Order - Time granted.
    None present for Defendant.
    Matter stands adjourned on 23-01-2024 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 23-01-2024
    
    Date: 23-01-2024
    Business: Advocate Rohan Kharat for Plaintiff present.
    None for defendant present.
    Exhibit 7 Application for compliance of order dtd. 27.07.2022. Taken On Record.
    Matter stands adjourned on 26-03-2024 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 26-03-2024
    
    Date: 26-03-2024
    Business: P.O. is on leave.
    Next Purpose: SERVICE
    Next Hearing Date: 20-06-2024
    
    Date: 20-06-2024
    Business: Adv. A. K. Upadhyay for Plaintiff present.
    None for defendant present.
    Adv. for plaintiff filed an application for re-issue fresh writ of summons. t.o.r. marked as Exh 8.   O - Allowed.
    Matter stands adjourned on 09-08-2024 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 09-08-2024
    
    Date: 09-08-2024
    Business: Adv. Vivekkumar Dubey for Plaintiff present and filed application for re-issue the writ of summons against the defendant t.o.r. and marked as Exh.9.  O - Allowed.
    None for defendant present.
    Matter stands adjourned on 25-10-2024 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 25-10-2024
    
    Date: 25-10-2024
    Business: None for Plaintiff present.
    None for defendant present.
    Latter on. Adv.  Shailesh Verma for plaintiff present.
    Matter stands adjourned on 21-01-2025 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 21-01-2025
    
    Date: 21-01-2025
    Business: CORAM - H.H.J. SMT. A. B. SHARMA (CR. 03)
    Adv. Pandey for Plaintiff present and seeking time. O - Time granted.
    None for defendant present.
    Matter stands adjourned on 04-04-2025 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 04-04-2025
    
    Date: 04-04-2025
    Business: CORAM - H.H.J. SMT. A. B. SHARMA (CR. 03)
    Advocate Rohan Kharat for Plaintiff present and seeking extension of time for service of writ of summons. O - Granted as last chance.
    None for defendant present.
    Matter stands adjourned on 22-08-2025 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 22-08-2025
    
    Date: 22-08-2025
    Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
    None present.
    Matter stands adjourned to 18-02-2026 for writ of summons.
    Later on. Advocate Rohan Kharat for plaintiff present and filed
    application to extend time to serve writ of summons. Marked at
    Exh.10. O - Time is granted as a last chance.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 18-02-2026
    
    Date: 22-08-2025
    Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
    None present.
    Matter stands adjourned to 18-02-2026 for writ of summons.
    Later on. Advocate Rohan Kharat for plaintiff present and filed
    application to extend time to serve writ of summons. Marked at
    Exh.10. O - Time is granted as a last chance.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 18-02-2026
    
    Date: 18-02-2026
    Business: CORAM - H.H.J. SHRI. S. M. BUKKE (CR. 03)
    Advocate Ashish Pandey i/b Advocate A. K. Upadhyay for Plaintiff present and seeking extension to serve the writ of summons.
    None for defendant present.
    This is suit of 2020 it was instituted on 27.02.2020 after six years the suit is at the stage of service of writ of summons. The earlier roznama shows that the plaintiff has not made any efforts to serve the writ of summons on defendant even by adopting mode of substitute service under Order 5, Rule 20. Already suit was fixed for dismissal order in the year 2022 and last chance was granted on 22.08.2025. Hence, suit be fixed for dismissal order.
    Matter stands adjourned for dismissal order to 07-03-2026.
    Next Purpose: DISMISSAL
    Next Hearing Date: 07-03-2026
    
    Date: 07-03-2026
    Business: CORAM - H.H.J. SHRI. S. M. BUKKE (CR. 03)
    Advocate Rohan Kharat for Plaintiff present. This is suit of 2020 yet the writ of summons is not served upon the defendant inspite of written directions the plaintiff has not took any effective steps. Today the Ld. Advocate for plaintiff moved an application to remove the suit from caption of dismissal. There is no proper ground to remove the suit from caption of dismissal. However, on the oral submission of advocate for plaintiff matter adjourned subject to costs of Rs. 3,000/- payable to the DLSA on or before next date. If plaintiff fails to deposit the cost within 15 days suit be kept for dismissal order. The substitute mode of service is also allowed if prayed for.
    None for defendant present. Matter stands adjourned for compliance to 18-04-2026.
    Next Purpose: DISMISSAL
    Next Hearing Date: 18-04-2026
    
    Date: 18-04-2026
    Business: CORAM - H.H.J. SHRI. S. M. BUKKE (CR. 03)
    None present.
    Already suit was fixed for dismissal order on 18.02.2026. However, on request of advocate of plaintiff it was kept for compliance subject to costs of Rs. 3,000/- payable to DLSA. The advocate for plaintiff has neither deposited the costs nor complied with the order dtd. 07.03.2026. Hence suit be fixed for dismissal order as writ of summons not served on defendant since 2021. Matter stands adjourned for dismissal order to 29-04-2026.
    Next Purpose: ORDER
    Next Hearing Date: 29-04-2026
    
    Date: 29-04-2026
    Business: CORAM - H.H.J. SHRI. S. M. BUKKE(CR. 03)
    Advocate Atul Pande for plaintiff present and filed application vide Exh.11 and submitted that he deposited the costs with DLSA and requested to remove the suit from caption of dismissal. On compliance of order the suit be removed from dismissal order on condition that the plaintiff shall serve the writ of summons on defendant and proceed with the suit. Substitute mode of service under Order 5 Rule 20 granted if prayed for.
    None for defendant present.
    Matter stands adjourned for affidavit of service to 08-06-2026.
    Next Purpose: ORDER
    Next Hearing Date: 08-06-2026
    
    Date: 08-06-2026
    Business: CORAM - H.H.J. SHRI. S. M. BUKKE (CR. 03)
    Advocate Rohan Kharat for Plaintiff present and seeking time to serve the writ of summons on defendant.
    None for defendant present.
    Matter stands adjourned for affidavit of service to 03-08-2026.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 03-08-2026
    
    Date: 03-08-2026
    Business: P. O.is on training
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 08-09-2026
    
    Date: 08-09-2026
    Business: CORAM - HIS HONOUR JUDGE SHRI R.R. KHAN (C.R. No.21).
    Plaintiff present.
    Advocate for plaintiff absent.
    None for defendant present.
    Plaintiff submitted that his advocate is on the way. Therefore, matter be kept back.
    Later on, at about 01.30 p.m.,
    Plaintiff present.
    Advocate Rohan Kharat for plaintiff present. He submitted for short date. Order-Granted.
    Matter is adjourned for affidavit of service to 22.10.2026.                                                                                             Judge
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 22-10-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 102774/2020
    Filing Date: 27-02-2020
    First Hearing Date: 23rd March 2020
    Court Number And Judge: 21-COURT 21  ADDL SESSIONS JUDGE

    Orders

    0

    No order text is available in this record.

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