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SUIT - SHORT CAUSE CIVIL SUIT

Santosh Kannhaya Pathak +1 moreVsMCGM

CNR MHCC0100259720194-COURT 04 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 19th June 2026

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
102288/2019
Registration Date
19 Aug 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    Hindu Marriage Act · Sec 38 · 39

    Case History / Proceedings

    Case History
    Date: 09-09-2019
    Business: BY PRECIPEE
    Adv. Sarita Donde for plaintiff present and tendered draft NM along with affidavit in support.
    Leave is granted to register the NM.
    Adv. Mr. S.C. Khandagale for Deft/MCGM present.
    Adjd. to 11/09/2019 at 02 45 pm. for Ad-Interim Hearing.
    Next Purpose: HEARING
    Next Hearing Date: 11-09-2019
    
    Date: 11-09-2019
    Business: Adv. Ms.Sarita Donde for plaintiff present and tendered registered original N/M. No.3378/19 along with affidavit in support. T.O.R.
    Adv. Mr. S.C. Khandagale for Deft/MCGM present.
    Heard both sides on Ad-Interim relief.
    ORDER
    Both parties to maintain status quo in respect of the suit premises till next date.
    Adjd. to 09/10/2019  for Ad-Interim hearing.
    Next Purpose: HEARING
    Next Hearing Date: 09-10-2019
    
    Date: 09-10-2019
    Business: Adv. Sarita Donde for plaintiff present.
    Adv. Mr. S.C. Khandagale for Deft/MCGM present.
    On oral request of advocate for Defendant, adjournment granted.
    Earlier order, if any, to continue till next date.
    Adjd to 17-01-2020  for Hearing
    Next Purpose: HEARING
    Next Hearing Date: 17-01-2020
    
    Date: 17-01-2020
    Business: (Incharge Court of C.R.No.8)
    Adv. Ms. Sarita Donde for Plaintiff present.
    None for Defendant/MCGM.
    Earlier order, if any, to continue till next date.
    Matter adjd. to 05.02.2020 for ad-int.hearing
    Next Purpose: HEARING
    Next Hearing Date: 05-02-2020
    
    Date: 05-02-2020
    Business: Adv.Sarita Donde for plaintiff present.
    Adv. Khandagle for MCGM/Deft. present.
    On oral request of advocate for Defendant, adjournment granted as last chance.
    Earlier order, if any, to continue till next date.
     Matter adjd to 20.03.2020  for NM reply.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-03-2020
    
    Date: 20-03-2020
    Business: Adv. Randhia h/f adv. Sarita Donde for Plaintiff.
    Adv Mr. Khandagle for Defendant/MCGM present.
    Earlier order, if any, to continue till next date.
    Matter adjd to 24.06.2020 for N/M hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-06-2020
    
    Date: 24-06-2020
    Business: Adjd. to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-09-2020
    
    Date: 28-09-2020
    Business: Court is on leave , hence matter adjd to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-12-2020
    
    Date: 09-12-2020
    Business: None for plaintiff.
    Adv. Khandagale for deft/MCGM present.
    Earlier order, if any, to continue till next date.
    Matter adjd to 15/02/2021 for NM Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-02-2021
    
    Date: 15-02-2021
    Business: Adv. Sarita Donde for plaintiff present and requests for time to argue on NM No.3378/19. Time is granted till next date.
    Adv. Khandagle for deft/MCGM present.
    Earlier order, if any, to continue till next date.
    Matter adjd to 23/04/2021 for NM Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-04-2021
    
    Date: 23-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-08-2021
    
    Date: 06-08-2021
    Business: None for plaintiff.
    Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
    Earlier order, if any, to continue till next date.
    Adjd. To 20/09/2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-09-2021
    
    Date: 20-09-2021
    Business: Adv Raman Kamble h/f Adv Ganesh Shinde for plaintiff present and undertakes to file Vakalatnama of Adv Ganesh Shinde for plaintiff on next date. He also requests for time to aruge on NM, time is granted till next date.
    Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
    Earlier order, if any, to continue till next date.
    Adjd. To 22/10/2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-10-2021
    
    Date: 22-10-2021
    Business: Adv Sarita Donde for plaintiff present and submitted that she is going to withdraw the Vakalatnama on behalf of plaintiff, as plaintiff has engaged another advocate.
    O- Adv Sarita Donde is permitted to withdraw the appearance on behalf of the plaintiff. She has made an endorsement on plaint accordingly.
    Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
    Earlier order, if any, to continue till next date.
    Adjd. To 17/12/2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-12-2021
    
    Date: 17-12-2021
    Business: None for plaintiff.
    Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
    On perusal of record it appears that plaintiff is not interested to proceed with NM. Today also plaintiff and his advocate absent, hence NM NO.3378/2019 is kept for dismissal.
    Earlier order, if any, to continue till next date.
    Adjd. To 25/03/2022 for NM dismissal.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 25-03-2022
    
    Date: 25-03-2022
    Business: Adv Chandan Yadav h/f Adv Sarita Donde for plaintiff present.
    Adv Mrs Tondwalkar for defendant / MCGM is present.
    K.B.
    L.O. at 5.40 p.m.
    Same appearance.
    Due to paucity of time, matter is adjourned till next date.
    Adjd. To 01/04/2022 for NM hearing / NM dismissal.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 01-04-2022
    
    Date: 01-04-2022
    Business: Adv Amol Mane for plaintiff present and tendered Vakalatnama. TOR and marked as Exh.2
    Adv Mrs Rawade h/f Adv Tondwalkar for defendant / MCGM is present and requests for time to file reply to NM. Time is granted till next date.
    Earlier order, if any, to continue till next date.
    Adjd. To 20/06/2022 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 20-06-2022
    
    Date: 20-06-2022
    Business: Adv. Amol Mane for plaintiff present.
    Adv. Mrs. Tondwalkar for defendant/ MCGM is present and requested time to file reply to N/M. Time is granted till next date.
    Earlier order, if any, to continue till next date.
    Adjd. to 01/08/2022 for N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 01-08-2022
    
    Date: 01-08-2022
    Business: None for plaintiff.
    Adv. Mrs. Tondwalkar for defendant/ BMC is present and requested time to file reply to N/M. Time is granted till next date.
    Earlier order, if any, to continue till next date.
    Adjd. to 21/09/2022 for N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 21-09-2022
    
    Date: 21-09-2022
    Business: None for plaintiff.
    Adv. Mrs. Tondwalkar for defendant/ BMC is present and requested time to file reply to N/M. Time is granted till next date.
    Earlier order, if any, to continue till next date.
    Adjd. to 18/11/2022 for N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 18-11-2022
    
    Date: 18-11-2022
    Business: None for plaintiff.
    Adv. Mr. Sutar h/f Adv. Mrs. Tondwalkar for defendant/ BMC is present and requested time to file reply to N/M. Time is granted till next date.
    Earlier order, if any, to continue till next date.
    Adjd. to 18/01/2023 for N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 18-01-2023
    
    Date: 18-01-2023
    Business: As Court is busy in urgent hearing in N/M and Ch/S, board is discharged.
    Earlier order, if any, to continue till next date.
    Adjd. to 08/02/2023 for N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 08-02-2023
    
    Date: 08-02-2023
    Business: None for plaintiff.
    Adv. Chavan h.f. Adv. Mr. Suryavanshi for defendant/ BMC is present and requested for time to file reply to NM. Time is granted.
    Earlier order, if any, to continue till next date.
    Adjd. to 12/04/2023 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 12-04-2023
    
    Date: 12-04-2023
    Business: None for plaintiff.
    Adv. Mr. Suryavanshi for defendant/ BMC is present and requested for short date. Time is granted till next date.
    Earlier order, if any, to continue till next date.
    Adjd. to 26.06.2023 for NM Reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 26-06-2023
    
    Date: 26-06-2023
    Business: Matter pertains to C.R. No.04.
    None for plaintiff
    Adv. Suryavanshi for  deft/M.C.G.M. present
    Earlier order, if any, to continue till next date.
    Adjd. to 18/8/2023 for N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 18-08-2023
    
    Date: 18-08-2023
    Business: None present for plaintiff
    Advocate Suryavanshi  for defendant/BMC present and seeks time to file reply to NM. Time is granted.
    Earlier order, if any, to continue till next date.
    Adjd to   13.10.2023    for NM Reply
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 13-10-2023
    
    Date: 13-10-2023
    Business: Board is discharged matter is adjourned to 20.11.2023
    Earlier order, if any, to continue till next date.
    Adjd  to 11.12.2023   for NM Reply
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 11-12-2023
    
    Date: 11-12-2023
    Business: Board Discharged as Court is busy in hearing ad-interim relief and having charge of C. R.8 and C.R. No. 11, matter adjourned.
    Earlier order, if any, to continue till next date.
    Adjd  to 29.01.2023    for  NM Reply
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 29-01-2024
    
    Date: 29-01-2024
    Business: None present for plaintiff
    Advocate Suryavanshi  for defendant/BMC present and seeks time to file reply to NM. Time is granted.
    Earlier order, if any, to continue till next date.
    Adjd  to 11.03.2024  for NM Reply
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 11-03-2024
    
    Date: 11-03-2024
    Business: CORAM: H.H.J. SHRI. R. M. MISHRA (COURT ROOM No.05)
    Matter pertains to C. R. No. 4
    None for Plaintiff.
    Adv Suryavanshi for defendant/BMC present.
    Earlier order, if any, to continue till next date.
    Adjd  to 19.04.2024  for NM Reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 22-04-2024
    
    Date: 22-04-2024
    Business: None present for plaintiff
    Advocate Suryavanshi  for defendant/BMC present and seeks time to file reply to NM. Time is granted.
    Adjd  to   03.07.2024   for NM Reply
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 03-07-2024
    
    Date: 03-07-2024
    Business: None present for plaintiff.
    Advocate   Botlawar  for defendant/BMC present and seeks time to file reply to NM.
    The matter is of year 2019 and repeatedly adjourned for NM reply, hence matter adjourned as a last chance.
    Adjd  to  02.08.2024 for NM reply and service of writ of summons
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 02-08-2024
    
    Date: 02-08-2024
    Business: None present for plaintiff
    Advocate  Botlawar for defendant/BMC present and seeks time to file reply to NM. Time is granted as a last chance as suit is of year 2019
    Adjd  to 02.09.2024  for  NM Reply and service of writ of summons
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 02-09-2024
    
    Date: 02-09-2024
    Business: None present for plaintiff
    Advocate Honmane  for defendant/BMC present and seeks time to file reply to NM. Time is granted as a one more last chance as suit is of year 2019.
    Earlier order, if any, to continue till next date.
    Adjd  to 14.10.2024 for NM Reply
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 14-10-2024
    
    Date: 14-10-2024
    Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
    As Court is busy in Judgment in suit No. 1072/09. Board is discharged. Hence matter adjourned.
    Earlier order, if any, to continue till next date.
    Adjd to 25.11.2024 for NM Reply
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 25-11-2024
    
    Date: 25-11-2024
    Business: None for  plaintiff.
    Adv.Puri for BMC/ defendant present and requested one meore time to file reply to NM.
    O- One more last chance is granted.
    Earlier order if any be continued till next date.
    Adjourned to 31.01.2025 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 07-12-2024
    
    Date: 07-12-2024
    Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
    Not on Board Taken on Board
    Adv. Honmane for deft/BMC present.
    This is DPL Suit and there appears element of settlement. Hence matter referred to Mahalokadalat on 14.12.2024
    Issue notice to plaintiff on  Court Motion
    Plaintiff is directed to remain present on 14.12.2024 before 10.30 a.m
    Adjd to 14.12.2024 for Lokadalat
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 14-12-2024
    
    Date: 14-12-2024
    Business: Adv. Sujata Puri present for BMC/ deft.
    Plff absent.
    Plaintiff absent. Their counsel is absent. Hence matter could not be settled. Hence matter returned back to the concerned court.
    Adj to 29/01/2025.
    Next Purpose: FOR___________________
    Next Hearing Date: 29-01-2025
    
    Date: 29-01-2025
    Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
    None present for the plaintiff. Adv. Ms. Sujata Puri for defendant/ MCGM is present and sought time to file NM reply. Sufficient time is already granted. Hence, this request is discarded. The NM is proceeded without reply. Earlier order, if any, to continue till next date.
    Adjourned for NM hearing (No reply) to 19.03.2025.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-03-2025
    
    Date: 19-03-2025
    Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
    None present for the plaintiff. Adv. Ms. Sujata Puri for defendant/ MCGM is present. She submitted that in view of the nature of the suit, it may be referred to Lokadalat. Hence, the matter is referred to ensuing Lok-Adalat. Issue notice to the plaintiff. Earlier Order, if any, is continued till the next date.
    Adjourned for Lokadalat to 22.03.2025.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 22-03-2025
    
    Date: 22-03-2025
    Business: NATIONAL LOK-ADALAT DATED 22.03.2025                                             PANEL NO.3
    _____________________________________________
    Plaintiff is absent.
    Adv. Sujata More for BMC present.
    Officer of BMC is absent.
    Matter is not settled.
    Matter adjourned to 16.07.2025.
    Reason For Adjournment: court time is over
    Next Purpose: HEARING
    Next Hearing Date: 16-07-2025
    
    Date: 16-07-2025
    Business: CORAM : H.H.J. SHRI. R. V. BHAKTA (C.R. No. 06)
    (Matter Pertains to C. R. No. 04)
    Adv. Ms. Sarita Donde for the plaintiff is present.
    Adv. Ms. Sangita Honmane for defendant/MCGM is present.
    Earlier Order, if any, is continued till the next date.
    Adjourned for  NM hearing (No reply) to 22.08.2025.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-08-2025
    
    Date: 22-08-2025
    Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
    None present for the plaintiff.
    Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
    Last chance is granted for hearing
    Adjourned for NM hearing( No reply ) to 06.10.2025.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-10-2025
    
    Date: 06-10-2025
    Business: CORAM : H.H.J. SHRI. A. K. KALE (C.R. No. 04)
    None present for the plaintiff.
    Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
    Adjourned for NM hearing( No reply ) .to 14.11.2025
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-11-2025
    
    Date: 14-11-2025
    Business: CORAM : H.H.J. SHRI. A. K. KALE (C.R. No. 04)
    None present for the plaintiff.
    Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
    Adjourned for NM hearing( No reply)to 07.01.2026
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-01-2026
    
    Date: 07-01-2026
    Business: CORAM : H.H.J. SHRI. C. S. DATIR(C.R. No. 04)
    None present for the plaintiff.
    Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
    keep back
    Later on at 4.33 pm
    Adv. Vidya Bhosale h/f Adv. Sarita Donde for the plaintiff is present.
    Adjourned for NM hearing to 13.02.2026
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-02-2026
    
    Date: 13-02-2026
    Business: CORAM : H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
    Adv. Mr. Kedar Prabhu h/f Adv. Sarita  Donde  for the plaintiff is present.
    Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
    Adjourned for NM Hearing to 06.05.2026
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-05-2026
    
    Date: 06-05-2026
    Business: CORAM : H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
    None present for the plaintiff.
    Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
    	Plaintiff is absent when called repeatedly. It appears, plaintiff is absent since long and failed to take appropriate steps in order to proceed. It shows he is not keenly interested to proceed with the NM.  Suit is pending unattended. It would not be appropriate to keep it pending for the same steps since long. Thus NM No. 3378/2019 stands dismissed for want of prosecution and finally disposed of.
    Adjourned for writ of summons to 19.06.2026
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 19-06-2026
    
    Date: 19-06-2026
    Business: CORAM  H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
    None present for the plaintiff.
    Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
    	Plaintiff and his advocate are absent when called repeatedly. It appears, plaintiff is absent since long and failed to take appropriate steps in order to proceed. Even his NM No. 3378/2019 also stands dismissed for want of prosecution on 06.05.2026. It shows, he is not keenly interested to proceed. Suit is pending since 2019. It would not be appropriate to keep the suit pending unnecessary for years together. Thus, suit stands dismissed for want of prosecution and finally disposed off.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 19-06-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 102821/2019
    Filing Date: 06-03-2019
    First Hearing Date: 09th September 2019
    Decision Date: 19th June 2026
    Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    19 Jun 2026
    Order Details: Other
    Pdf Text: 25 Dt:19.06.2026
    SU 2288/19
    CORAM H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
    None present for the plaintiff.
    Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
    Plaintiff and his advocate are absent when called
    repeatedly. It appears, plaintiff is absent since long and failed to
    take appropriate steps in order to proceed. Even his NM No.
    3378/2019 also stands dismissed for want of prosecution on
    06.05.2026. It shows, he is not keenly interested to proceed.
    Suit is pending since 2019. It would not be appropriate to keep
    the suit pending unnecessary for years together. Thus, suit
    stands dismissed for want of prosecution and finally disposed
    off.
    Judge
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