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SUIT - SHORT CAUSE CIVIL SUIT

Laxmichand Ramji GalaVsShilpa Rajesh Gala +2 more

CNR MHCC01002494202065-COURT 65 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--ABATED
Decision Date: 30th July 2024

TrustJury record updated 28 Sept 2026

Case Overview

Registration Number
101024/2020
Registration Date
06 Mar 2020

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    4

    Acts & Sections

    1
    Hindu Marriage Act · Sec 34 · 37

    Case History / Proceedings

    Case History
    Date: 27-03-2020
    Next Purpose: DIRECTIONS
    Next Hearing Date: 08-04-2020
    
    Date: 08-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: DIRECTIONS
    Next Hearing Date: 20-04-2020
    
    Date: 20-04-2020
    Business: National Lock down
    Next Purpose: DIRECTIONS
    Next Hearing Date: 30-05-2020
    
    Date: 30-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: DIRECTIONS
    Next Hearing Date: 17-06-2020
    
    Date: 17-06-2020
    Business: Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 12/08/2020.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 12-08-2020
    
    Date: 12-08-2020
    Business: As holiday hence adjourned tomorrow.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 13-08-2020
    
    Date: 13-08-2020
    Business: Due to corona pandemic and lockdown
    Next Purpose: DIRECTIONS
    Next Hearing Date: 08-10-2020
    
    Date: 08-10-2020
    Business: Adv. Miraj Bharapuria  for plaintiffs present and requested for extention of time to serve writ of summons. Time Granted.
    None present for Defendants.
    Due to Corona pandemic, it seems that other parties are absent, hence case is adjourned to 08/01/2021 for
    service.
    Next Purpose: SERVICE
    Next Hearing Date: 08-01-2021
    
    Date: 08-01-2021
    Business: Adv Ms.Mittal for Plaintiff present and seeks extension to serve the Defendant with writ of summons. Time extended till next date.
    Matter is adjd. for appearance of defendants to 01.04.2021.
    Next Purpose: FOR APPERANCE
    Next Hearing Date: 01-04-2021
    
    Date: 01-04-2021
    Business: Adv Mirag Bharapuria for plff present and filed affidavit of service of writ of summons at Exh.2.
    Defendants absent.
    Matter is adjd. for appearance of the defts /order to 23.06.2021.
    Next Purpose: FOR APPERANCE
    Next Hearing Date: 23-06-2021
    
    Date: 23-06-2021
    Business: Adv. Dharapuria for plaintiff present.
    None present for defendant.
    Plaint.
    Vakalatnama of Adv. M/s. Divya Shah and company for plaintiff.
    Memorandum of registered address of plaintiff.
    List of documents of plaintiff.
    Matter adjourned for appearance of defendants to 17.08.2021.
    Judge.
    LO at 11.35 a.m.
    Adv. Archana Mahadik h/f. Adv. Manoj Bhat for Defendant No.1 and 2
    present and filed VP at Exh.5 on behalf of defendant Nos.1 and 2.
    She also filed written statement of defendant Nos.1 and 2 at Exh.6.
    Affidavit in support of WS at Exh.7.
    Already adjourned to 17.08.2021 for appearance of defendant No.3.
    Next Purpose: FOR APPERANCE
    Next Hearing Date: 17-08-2021
    
    Date: 17-08-2021
    Business: Adv Mr. Gandhy for plff present and tendered registered NM No.1662/2021 along with affidavit in support.
    Adv Mr. Ankit Rajput i/b Adv Mr. Bhat for deft Nos.1 and 2 present and filed reply of defts Nos.1 and  2 in NM No.1662/2021.
    K.B.
    L.O. at 4.00 p.m.
    By consent of ld. advocates for plff and deft Nos.1 and 2, Court Commissioner is appointed for making inventory of the articles lying in the locker with deft No.3 Bank. Court Commissioner shall visit the concerned bank and shall make inventory in presence of both parties or their authorized representatives of the articles lying in the locker and shall submit report along with the list to this Court. Commissioner\\\\\\\''s fees of Rs.5000/- shall be borne by the plff alone as the suggestion for appointing Court Commissioner  for making inventory has come from the side of plff to which, ld. advocate for deft Nos.1 and 2 gave his no objection.
    Adv.for the plff submitted that Commissioner\\\\\\\''s fees will be paid directly to the Court Commissioner.
    Issue writ of Commission accordingly.
    Matter is adjd. for awaiting report of commissioner to 15.09.2021.
    L.O.
    Advocate from the Pannel of the Commissioners be appointed as a Court Commissioner.
    Next Purpose: REPORT
    Next Hearing Date: 15-09-2021
    
    Date: 15-09-2021
    Business: By consent, matter is taken up in the morning session.
    Adv Mr. Bharapuri for plff present.
    He seeks adjournment by submitting that Commissioner is yet to effect Commission as per the order passed on previous date.
    Adv Mr. Rajput for deft Nos.1 and 2 present and submitted that plff may be directed to remain present personally at the time of effecting inventory by the Commissioner. Ld. Advocate for the plff submitted that as far  as possible, plff will remain present in person at the time of Commission.
    By consent, matter is adjd. for awaiting report of commissioner to  12.10.2021.
    Next Purpose: REPORT
    Next Hearing Date: 12-10-2021
    
    Date: 12-10-2021
    Business: Adv Ms.Shah present for plff.
    Adv Mr.Ankit Rajput present for deft. Nos.1 and 2.
    Court Commissioner, Ms. Varsha Telge present and seeks time to file report. O- Time granted till next date.
    By consent, matter is adjd. for report of commissioner to 17.11.2021.
    Next Purpose: REPORT
    Next Hearing Date: 17-11-2021
    
    Date: 17-11-2021
    Business: Adv Ms.Darshana present for plff.
    Adv Mr. Ankit Rajput  present for deft.1 and 2
    Court is busy in other matters hence, by consent, matter is adjd. for report of commissioner to 07.01.2022.
    Judge
    Next Purpose: REPORT
    Next Hearing Date: 07-01-2022
    
    Date: 07-01-2022
    Business: Adv Ms. Darshana Mishra present for plff.
    Adv Mr. Ankit Rajput present for deft.Nos.1 and 2.
    Ld advocates for plff and deft Nos. 1 and 2 submitted that Court Commissioner has effected commission. Report of Commissioner is yet to receive.
    By consent, matter is adjd. for awaiting report of commissioner and NM hearing to 10.03.2022.
    Judge
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-03-2022
    
    Date: 10-03-2022
    Business: Adv Ms. Darshana Mishra for plff persent.
    Adv Mr. Ankit Rajput present for deft Nos.1 and 2
    Adv Ms. Varsha Telge present as Court Commissioner and seeks time to file report.  O-Time granted till next date.
    Plff shall bear the cost of photographs taken by the Court Commissioner during commission.
    Matter is adjd. for awaiting report to 17.03.2022.
    Next Purpose: REPORT
    Next Hearing Date: 17-03-2022
    
    Date: 17-03-2022
    Business: Adv Ms. Mishra present for plff.
    Adv Mr. Ankit Rajput  present for deft. Nos.1 and 2.
    Ld. advocates present as above and mentioned the matter in the morning  session. They submitted that Commissioner appointed in the matter would not be in a position to attend this Court today.
    By consent, matter is adjd. for awaiting report of commissioner to 28.04.2022.
    Next Purpose: REPORT
    Next Hearing Date: 28-04-2022
    
    Date: 28-04-2022
    Business: Adv Ms. Darshana Mishra present for plff.
    Adv Ms. Archana Mahadik present for deft No.1 and 2.
    Smt. Varsha Telge, Court Commissioner present and filed Commissioners report alongwith notes of evidence and photopass.
    Copy of report is given to the adv for both parties.
    Advocates for both parties seek adjournment for NM hearing.
    By consent, matter is adjd. for NM hearing to 14.07.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-07-2022
    
    Date: 14-07-2022
    Business: Adv. Darshana Mishra for plaintiff present.
    Adv. Archana Mahadik for defendant present.
    Both the advocates are seeking adjournment by consent
    Matter adjd to  12/09/2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-09-2022
    
    Date: 14-07-2022
    Business: Adv. Darshana Mishra for plaintiff present.
    Adv. Archana Mahadik for defendant present.
    Both the advocates are seeking adjournment by consent
    Matter adjd to  12/09/2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-09-2022
    
    Date: 12-09-2022
    Business: PO is on leave in Second Session.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-11-2022
    
    Date: 12-09-2022
    Business: PO is on leave in Second Session.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-11-2022
    
    Date: 18-11-2022
    Business: None present for plaintiff.
    Adv.Kapiz Bheda present and filed vakalatnama for defendant Nos.1 and 2 t.o.r. and marked as Exh.9.
    The plaintiff is absent.
    Matter adjd to 09.02.2202 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-02-2023
    
    Date: 18-11-2022
    Business: None present for plaintiff.
    Adv.Kapiz Bheda present and filed vakalatnama for defendant Nos.1 and 2 t.o.r. and marked as Exh.9.
    The plaintiff is absent.
    Matter adjd to 09.02.2202 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-02-2023
    
    Date: 09-02-2023
    Business: Adv. Sandeep Gupta for plaintiff present.
    Adv. Kapil Bhada for def.no.1 and 2 present.
    Adv. Praful S.Sawant for intervener/proposed def.No.4 present and filed V/P for proposed def.No.4 t.o.r. and marked as Exh.10.
    Adv.for proposed deft.No.4 filed draft chamber summons a/w. Affidavit in support. O-Leave granted to register draft chamber summons. Copy of the draft Ch/s received by Adv. for plaintiff.
    (As Court is busy in dictating order in NM 3468/22 (SU 1942/22) and in NM 3623/22 (SU 2118/22), hence, adjourned.)
    Matter adjd to 21.04.2023 for service affidavit in Ch/s. and N.M. hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-04-2023
    
    Date: 21-04-2023
    Business: Adv.Sandeep Gupta for plaintiff present.
    Adv.Praful Sawant for applicant in ch/s.479/23 present.
    Registered chamber summons No.479/23 is not tendered in court. Plaintiff requested for date for filing reply in ch/s.
    Matter adjd to 25.07.2023 for reply in ch/s.479/23.
    Next Purpose: REPLY
    Next Hearing Date: 25-07-2023
    
    Date: 25-07-2023
    Business: Court is on leave.
    Next Purpose: REPLY
    Next Hearing Date: 23-08-2023
    
    Date: 25-07-2023
    Business: Court is on leave.
    Next Purpose: REPLY
    Next Hearing Date: 23-08-2023
    
    Date: 23-08-2023
    Business: Adv. Sandeep Gupta for plaintiff present.
    Adv. Praful Sawant for applicant in Ch.S no. 479/223 is present and tended register Ch/S.
    Adv. Kapil Bheda for def. no.1 and 2 present.
    By consent matter is adjd. for Ch/S reply to 05/10/2023.
    Next Purpose: REPLY
    Next Hearing Date: 05-10-2023
    
    Date: 05-10-2023
    Business: Adv. Sandeep Gupta for plaintiff present.
    Adv. Prafull Sawant for applicant/defendant no.4 present.
    Matter is adjd.to 08-11-2023 for C/S Hrg.
    Next Purpose: C/S ARGUMENTS
    Next Hearing Date: 08-11-2023
    
    Date: 08-11-2023
    Business: Adv. Sandeep Gupta for plaintiff present.
    Adv. Prafulla Sawant  for applicant inAdv. CS 479/23 present.
    None for defendant.
    Matter is adjourned to   04-12-2023 for C/s. Argument.
    Next Purpose: C/S ARGUMENTS
    Next Hearing Date: 04-12-2023
    
    Date: 04-12-2023
    Business: Adv. Sandeep Gupta for plaintiff present.
    Adv. Kapil Bheda  for defendant no. 1 and 2 present.
    Adv. Praful Sawant for applicant in CS No. 479/23.
    Matter is adjourned to   04-01-2024 for Steps
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 04-01-2024
    
    Date: 04-01-2024
    Business: None for Plaintiff present.
    Adv. Praful Sawant for applicant in CS No.479/2023 present.
    None for defendants No.1 and 2 present.
    Later on at 3.40 pm.
    Adv. Sandeep Gupta for plaintiff present.
    Adv. Kapil Bheda for defendants No.1 and 2 present.
    Matter stands adjourned on 20.03.2024 for taking steps to bring Lrs. of the plaintiff on record/CS hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 20-03-2024
    
    Date: 04-01-2024
    Business: None for Plaintiff present.
    Adv. Praful Sawant for applicant in CS No.479/2023 present.
    None for defendants No.1 and 2 present.
    Later on at 3.40 pm.
    Adv. Sandeep Gupta for plaintiff present.
    Adv. Kapil Bheda for defendants No.1 and 2 present.
    Matter stands adjourned on 20.03.2024 for taking steps to bring Lrs. of the plaintiff on record/CS hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 20-03-2024
    
    Date: 20-03-2024
    Business: Advocate S.R. Pathak for Plaintiff present and prayed for adjournment. O - Granted.
    Advocate Kapil Bheda for defendants No.1 and 2 present.
    Matter stands adjourned on 06.05.2024 for taking steps to bring Lrs. of the plaintiff on record and Chamber Summons hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 06-05-2024
    
    Date: 20-03-2024
    Business: Advocate S.R. Pathak for Plaintiff present and prayed for adjournment. O - Granted.
    Advocate Kapil Bheda for defendants No.1 and 2 present.
    Matter stands adjourned on 06.05.2024 for taking steps to bring Lrs. of the plaintiff on record and Chamber Summons hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 06-05-2024
    
    Date: 06-05-2024
    Business: As P.O. is on Training.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 30-07-2024
    
    Date: 06-05-2024
    Business: As P.O. is on Training.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 30-07-2024
    
    Date: 30-07-2024
    Business: None for plaintiff present.
    Adv. Praful Sawant for applicant in Chamber Summons No.479/2023 present.
    Adv. Kapil Bheda for defendant No.1 and 2 present.
    Keep Back. Later on.
    None for plaintiff present.
    Adv. Praful Sawant for applicant in Chamber Summons No.479/2023 present.
    Adv. Kapil Bheda for defendant No.1 and 2 present and filed pursis along with death certificate of plaintiff Laxmichand Ramji Gala. Taken on record and marked as Exhibit-11.
    Roznama reflects that Adv. for plaintiff is aware about the death of the plaintiff and same is reflected in previous roznamas. The sole plaintiff is reported to be died on 25/11/2023. Consequently, as on date the suit is abated. Accordingly following order is passed below Exhibit-1.
    1. Roznama dated 04/01/2024 and 20/03/2024 reflects that matter was adjourned for taking steps to bring LR\''s of plaintiff on record. Vide pursis Exhibit-11 death certificate of plaintiff is filed on record. Sole plaintiff died on 25/11/2023. Till date no steps are taken on behalf of deceased plaintiff. Due to death of sole plaintiff the suit is abated and proceeding is closed.
    2. In the premises the Notice of Motion No.1662/2021 is dismissed for want of prosecution.
    3. Chamber Summons No.479/2023 brought by applicant to implead in the suit as defendant No.4 is disposed of being infructuous.
    4. The proceeding in the Suit, Notice of Motion and Chamber Summons are closed.
    
    In view of the death of sole plaintiff the suit is abated and  proceedings are closed. Parties to take note.
    Nature Of Disposal: ABATED
    Disposal Date: 30-07-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 102775/2020
    Filing Date: 27-02-2020
    First Hearing Date: 27th March 2020
    Decision Date: 30th July 2024
    Court Number And Judge: 65-COURT 65 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    30 Jul 2024

    Order Details: Other Pdf Text: Daily Status IN THE COURT OF :COURT 65 ADDL SESSIONS JUDGE Case No. :SUIT/0101024/2020 Laxmichand Ramji Gala Vs Shilpa Rajesh Gala Date : 30-07-2024 Business : None for plaintiff present. Adv. Praful Sawant for applicant in Chamber Summons No.479/2023 present. Adv. Kapil Bheda for defendant No.1 and 2 present. Keep Back. Later on. None for plaintiff present. Adv. Praful Sawant for applicant in Chamber Summons No.479/2023 present. Adv. Kapil Bheda for defendant No.1 and 2…

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