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SUIT - SHORT CAUSE CIVIL SUIT

Mrs. Jayashri Yashwantrao Shinde +1 moreVsMr. Subhash Govindrao Salunkhe +2 more

CNR MHCC01002693201862-COURT 62 AD-HOC ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 13th January 2023

TrustJury record updated 09 Sept 2026

Case Overview

Registration Number
102614/2018
Registration Date
01 Oct 2018

Advocates

1

For Respondent

    Not available

    Parties

    5

    Acts & Sections

    1

    Case History / Proceedings

    Case History
    Date: 22-10-2018
    Business: Adv. for plff. present.
    Adv. Sachin Gelye for D/1 present.
    D/2 absent.
    Exh.3 V/P filed by adv. Mr. Sachin Gelye for D/1 t.o.r
    On request of Adv. for D/1 Matter is adjd. to. 22.01.2019 for W/S and report of service on D/2 and 3
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 22-01-2019
    
    Date: 22-01-2019
    Business: plff. and his adv. absent.
    deft. and his adv. absent.
    W/S is not filed.
    Matter is adjd. to. 06.03.2019 for passing order to proceed without W/S and hearing on N/M No.4812/18.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-03-2019
    
    Date: 06-03-2019
    Business: Adv. for plff. present and has filed affd. of service of writ of summons along with returned 2 envelopes in respect of D/2 and 3 t.o.r
    Adv. for D/1 is present and has tendered registered N/M No. 4812/18 along with supporting affd. t.o.r
    Rest of the defts are absent.
    On request of Adv. for plff. Matter is adjd. to. 11.04.2019 for passing order to proceed without W/S and reply and hearing on N/M No.4812/18 taken out by D/1.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-04-2019
    
    Date: 11-04-2019
    Business: Advocate for Plaintiff present.
    Advocate for Defendant present and filed NM reply t.o.r.
    Court is busy in hearing ad-interim relief in suit no.971/19, hence case is adjourned to 22/04/2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-04-2019
    
    Date: 22-04-2019
    Business: None present for Plaintiff.
    Advocate Mr. Sachin Gele for Defendant present
    Heard Defendants advocate about NM no.4812/18.  He submitted that service of copy of plaint was made upon Defendant, however writ of service of summons is not filed, therefore delay of 9 days is caused in filing Written Statement and same may be condoned by making absolute NM.  For giving fair opportunity to Plaintiff, case is adjourned for Plaintiffs argument to 12/06/2018
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-06-2019
    
    Date: 12-06-2019
    Business: ourt is busy in hearing and dictating orders on Chamber Summons in suit no.9815/87, hence case is adjourned to 23/07/2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-07-2019
    
    Date: 23-07-2019
    Business: Court is busy in hearing NM in suit no.599/18 and court has to hear NM in suit no.627/13 and other matter, hence case is adjourned to 23/08/2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-08-2019
    
    Date: 23-08-2019
    Business: Representative of Plaintiff present.
    Advocate Sachin Gely for Defendant no.1 present.
    Heard arguments.
    F.R.S.R. following order has passed-
                                         ORDER
    1. Notice of Motion no.4812 of 2018 is made absolute in terms of prayer clauses (a) and (b) of Notice of Motion, subject to cost of Rs.1000/- to be paid by Defendant no.1 to Plaintiff.
    2. As soon as Defendant no.1 will pay cost amount to Plaintiff, Written Statement of Defendant no.1 will be accepted.
    At this juncture, advocate for Defendant no.1 has paid cost amount of Rs.1000/- to the Representative of Plaintiff and therefore Written Statement of Defendant no.1 is accepted, t.o.r. O-R and R.
    Advocate for Defendant no.1 is directed to provide copy of Written Statement to Plaintiff.
    Case is adjourned to 21/11/2019 for filing draft issues by the parties.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 21-11-2019
    
    Date: 21-11-2019
    Business: Court is on leave.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 27-01-2020
    
    Date: 27-01-2020
    Business: (Matter pertains to C.R. No.09)
    None present for Plaintiff.
    Adv. Aparna Mhatre present for Defendant No.1  and filed draft issues, t.o.r.
    Case is adjourned to 03/04/2020 for filing draft issues by plaintiff.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 03-04-2020
    
    Date: 03-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 17-04-2020
    
    Date: 17-04-2020
    Business: National Lock down
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 28-05-2020
    
    Date: 28-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 15-06-2020
    
    Date: 15-06-2020
    Business: Due to lockdown case is adjd. to 10.08.2020
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 10-08-2020
    
    Date: 10-08-2020
    Business: Adjourned due to covid-19.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 17-09-2020
    
    Date: 17-09-2020
    Business: None present for Plaintiff.
    None present for Defendants.
    Parties are directed to file draft issues on next date.
    Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 10/12/2020.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 10-12-2020
    
    Date: 10-12-2020
    Business: None present for Plaintiffs.
    None present for Defendants.
    Parties are directed to file draft issues on next date.
    It seems that due to Corona pandemic, parties are absent, hence case is adjourned to 23/02/2021 for draft issues.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 23-02-2021
    
    Date: 23-02-2021
    Business: None present for both the parties.
    Court is busy in other matters hence, matter is adjd. for draft issues to 03.05.2021.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 03-05-2021
    
    Date: 03-05-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 05-07-2021
    
    Date: 05-07-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 25-08-2021
    
    Date: 25-08-2021
    Business: Court is on leave.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 29-10-2021
    
    Date: 29-10-2021
    Business: None present for both parties.
    Court is busy in other matters hence, matter is adjd. for draft issues to 17.01.2022.
    Judge
    L.O.at 12.30 p.m.
    Adv Mr. Shankar Parab h/f Adv Mr. Lele for deft No.1 present and tendered draft issues.
    Already adjd. to 17.01.2022.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 17-01-2022
    
    Date: 17-01-2022
    Business: Due to Covid 19
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 06-04-2022
    
    Date: 06-04-2022
    Business: None present for both parties.
    K.B.
    L.O.
    Issues framed at Exh.5.
    Matter is adjd. for list of witnesses/evidence to 18.06.2022.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 18-06-2022
    
    Date: 18-06-2022
    Business: Court on leave
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 22-07-2022
    
    Date: 22-07-2022
    Business: None present for both sides. Considering the nature of suit. Suit is referred to lok-adalat. Issue notice to parties.
    Matter adjd to 13.08.2022 for lok-adalat.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 13-08-2022
    
    Date: 13-08-2022
    Business: Plaintiff absent. Defendant present.
    Matter is not settled.
    Case is adjourned to 13.10.2022.
    Next Purpose: FOR APPERANCE
    Next Hearing Date: 13-10-2022
    
    Date: 13-10-2022
    Business: None present for plaintiff.
    Adv.Siddhi Chavhan for deft.No.1 present. She filed application to pass necessary orders as plaintiff failed to adduce evidence t.o.r. and marked as Exh.6.
    O-Read the roznama, issues are framed on 06.04.2022, On 22.07.2022, the plaintiff was absent. Case was referred to lok-adalat. The plaintiff remained absent in the lok-adalat. Today also the plaintiff is absent and failed to adduce evidence, hence, suit is kept of passing necessary orders for not adducing evidence. Application Eh.6 is disposed of accordingly.
    Matter adjd to 13.01.2023 for R/E.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 13-01-2023
    
    Date: 13-01-2023
    Business: None present for plaintiff.
    Adv.Siddhi Chavan h/f.Adv.Gelye for defendant No.1 present.
    None present for other defendants.
    Plaintiff absent. He failed to adduce evidence. KB for order.
    LO at 03.40 pm
    None present for both sides.
    KB
    LO at 05.30 pm
    ORDER BELOW EXH.1
    Read the roznama dated 13.10.2022. Today also the plaintiff is absent. Inspite of sufficient opportunity, the plaintiff failed to adduce evidence. Hence, I pass the following order.
    ORDER
    1. Suit is dismissed in default.
    2. Parties to bear their own costs.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 13-01-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 103007/2018
    Filing Date: 22-02-2018
    First Hearing Date: 22nd October 2018
    Decision Date: 13th January 2023
    Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE

    Orders

    4
    Final Order 2
    13 Jan 2023
    Order Details: Other
    Pdf Text: IN THE COURT OF :COURT 62 ADDL SESSIONS JUDGE
    Case No. :SUIT/0102614/2018
    Mrs. Jayashri Yashwantrao Shinde Vs Mr. Subhash Govindrao Salunkhe
    Date : 13-01-2023
    Business : None present for plaintiff.
    Adv.Siddhi Chavan h/f.Adv.Gelye for defendant No.1
    present.
    None present for other defendants.
    Plaintiff absent. He failed to adduce evidence. KB for
    order.
    LO at 03.40 pm
    None present for both sides.
    KB
    LO at 05.30 pm
    ORDER BELOW EXH.1
    Read the roznama dated 13.10.2022. Today also the
    plaintiff is absent. Inspite of sufficient opportunity, the
    plaintiff failed to adduce evidence. Hence, I pass the
    following order.
    ORDER
    1. Suit is dismissed in default.
    2. Parties to bear their own costs.
    Judge
    -- 1 of 1 --
    Interim Order 1Full order available
    23 Aug 2019

    Order Details: Notice of Motion Pdf Text: IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY AT BOMBAY NOTICE OF MOTION NO.4812 OF 2018 IN S.C.SUIT NO.2614 OF 2018 1. Mrs.Jayashri Yashwantrao Shinde 2. Mr.Yashwant Govindrao Salunkhe ... Plaintiffs Versus 1. Mr.Subhash Govindrao Salujnkhe, 2. Mr.Rajesh Panchal, 3. M/s.Mangalnath Developers ... Defendants CORAM: HIS HONOUR JUDGE SHRI K.P.NANDEDKAR (COURT ROOM NO.9) DATE : 23rd AUGUST, 2019 Mr.Atulkumar D.Deshkar, ld. adv. for plaintiffs. Mr.Sachin Gelye, ld adv. for defendant no.1. O…

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    Order 2
    13 Jan 2023
    Order Details: Other
    Pdf Text: IN THE COURT OF :COURT 62 ADDL SESSIONS JUDGE
    Case No. :SUIT/0102614/2018
    Mrs. Jayashri Yashwantrao Shinde Vs Mr. Subhash Govindrao Salunkhe
    Date : 13-01-2023
    Business : None present for plaintiff.
    Adv.Siddhi Chavan h/f.Adv.Gelye for defendant No.1
    present.
    None present for other defendants.
    Plaintiff absent. He failed to adduce evidence. KB for
    order.
    LO at 03.40 pm
    None present for both sides.
    KB
    LO at 05.30 pm
    ORDER BELOW EXH.1
    Read the roznama dated 13.10.2022. Today also the
    plaintiff is absent. Inspite of sufficient opportunity, the
    plaintiff failed to adduce evidence. Hence, I pass the
    following order.
    ORDER
    1. Suit is dismissed in default.
    2. Parties to bear their own costs.
    Judge
    -- 1 of 1 --
    Order 1Full order available
    23 Aug 2019

    Order Details: Notice of Motion Pdf Text: IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY AT BOMBAY NOTICE OF MOTION NO.4812 OF 2018 IN S.C.SUIT NO.2614 OF 2018 1. Mrs.Jayashri Yashwantrao Shinde 2. Mr.Yashwant Govindrao Salunkhe ... Plaintiffs Versus 1. Mr.Subhash Govindrao Salujnkhe, 2. Mr.Rajesh Panchal, 3. M/s.Mangalnath Developers ... Defendants CORAM: HIS HONOUR JUDGE SHRI K.P.NANDEDKAR (COURT ROOM NO.9) DATE : 23rd AUGUST, 2019 Mr.Atulkumar D.Deshkar, ld. adv. for plaintiffs. Mr.Sachin Gelye, ld adv. for defendant no.1. O…

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