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SUIT - SHORT CAUSE CIVIL SUIT

Suresh Arjun RathodVsParvati Arjun Rathod +6 more

CNR MHCC01002821201962-COURT 62 AD-HOC ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 05th January 2022

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
100879/2019
Registration Date
29 Mar 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    8

    Acts & Sections

    1

    Case History / Proceedings

    Case History
    Date: 20-04-2019
    Business: Adv. for plff. present.
    deft. and his adv. absent.
    Issue writ of  summons to the defts.
    Matter is adjd. to. 16.07.2019 for report of service of writ of summons.
    As the plff. is Sr. citizen, as per the office order 66 of 2019 of Hon\''ble Principal Judge this matter will have to be transferred to Court Room No.09 constituted for cases pertaining to Sr. Citizens and accordingly this case be transferred to C.R.No.9. Parties to remain present on next date before C.R.No.09.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 16-07-2019
    
    Date: 16-07-2019
    Business: Plaintiff present.
    Plaintiff is directed to file affidavit of service of writ of summons.
    Case is adjourned to 27/09/2019 for filing affidavit of service of writ of summons.
    Next Purpose: SERVICE
    Next Hearing Date: 27-09-2019
    
    Date: 27-09-2019
    Business: Advocate Sachin Chindarkar for Plaintiff present and sought time to file affidavit of service of writ of summons.  Considering submissions adjourned.
    None present for Defendant.
    Case is adjourned to 16/11/2019 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 16-11-2019
    
    Date: 16-11-2019
    Next Purpose: SERVICE
    Next Hearing Date: 18-01-2020
    
    Date: 18-01-2020
    Business: PO IS ON LEAVE.
    Next Purpose: SERVICE
    Next Hearing Date: 17-03-2020
    
    Date: 17-03-2020
    Business: None present for Plaintiff.
    None present for Defendant.
    In view of circular of Hon\''ble Principal Judge in respect of Corona Virus, only urgent matters are to be heard, hence case is adjourned to 25/06/2020.
    Next Purpose: SERVICE
    Next Hearing Date: 25-06-2020
    
    Date: 25-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SERVICE
    Next Hearing Date: 24-08-2020
    
    Date: 24-08-2020
    Business: As holiday was declared, taken on 27/08/2020.
    Adjourned due to Covid-19.
    Next Purpose: SERVICE
    Next Hearing Date: 04-11-2020
    
    Date: 04-11-2020
    Business: None present for Plaintiffs.
    None present for Defendants.
    It seems that due to Corona pandemic, parties are absent, hence case is adjourned to  04/02/2021 for Service.
    Next Purpose: SERVICE
    Next Hearing Date: 04-02-2021
    
    Date: 04-02-2021
    Business: None present for both the parties.
    Matter is adjd. for filing of affidavit of service of writ of summons to 28.04.2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 28-04-2021
    
    Date: 28-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 19-07-2021
    
    Date: 19-07-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 15-09-2021
    
    Date: 15-09-2021
    Business: None present for plff.
    Despite granting several opportunities, plff has not filed affidavit of service of writ of summons till date hence, matter be kept for order.
    Matter is adjd. for order to 24.11.2021.
    Next Purpose: ORDER
    Next Hearing Date: 24-11-2021
    
    Date: 24-11-2021
    Business: Court is on leave.
    Next Purpose: ORDER
    Next Hearing Date: 05-01-2022
    
    Date: 05-01-2022
    Business: Plaint at Exh.1.
    Vakalatnama of Adv for the plaintiff at Exh.2.
    Memorandum of address of the plaintiff at Exh.3.
    List of documents at Exh.4
    Plaintiff present in person and filed application Exh.5 for withdrawal of the suit. Plaintiff has produced copy of death certificate with the application which shows that his mother Parvati who is defendant No.1 in the suit has expired on 19.05.2021. Plaintiff has also produced self attested copy of his AADHAR card as his ID proof. When enquired, plaintiff submitted that since his mother has expired, he does not want to proceed with the suit against all defendants. Since suit is sought to be withdrawn unconditionally and since the writ of summons is yet to be served, plaintiff is permitted to withdraw the suit unconditionally. In the result, suit stands disposed off as withdrawn unconditionally by the plaintiff.  Court fees be refunded to the plff as per rules.
    Proceeding is closed.
    Nature Of Disposal: WITHDRAWL
    Disposal Date: 05-01-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 103050/2019
    Filing Date: 12-03-2019
    First Hearing Date: 20th April 2019
    Decision Date: 05th January 2022
    Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    05 Jan 2022
    Order Details: Other
    Pdf Text: 05/01/2022 CORAM : H.H.J. SHRI P.P.RAJVAIDYA (C.R. NO.62)
    SU 879/19
    Exh.1 to 4
    Exh.5
    Plaint at Exh.1.
    Vakalatnama of Adv for the plaintiff at Exh.2.
    Memorandum of address of the plaintiff at Exh.3.
    List of documents at Exh.4
    Plaintiff present in person and filed application Exh.5 for withdrawal
    of the suit. Plaintiff has produced copy of death certificate with the
    application which shows that his mother Parvati who is defendant
    No.1 in the suit has expired on 19.05.2021. Plaintiff has also
    produced self attested copy of his AADHAR card as his ID proof.
    When enquired, plaintiff submitted that since his mother has expired,
    he does not want to proceed with the suit against all defendants.
    Since suit is sought to be withdrawn unconditionally and since the
    writ of summons is yet to be served, plaintiff is permitted to
    withdraw the suit unconditionally. In the result, suit stands disposed
    off as withdrawn unconditionally by the plaintiff. Court fees be
    refunded to the plff as per rules.
    Proceeding is closed.
    Judge
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