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SUIT - SHORT CAUSE CIVIL SUIT

Rajni Amritlal BatraVsThe Additional Collector +6 more

CNR MHCC0100295020199-COURT 09 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--CONSENT DECREE
Decision Date: 16th February 2024

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
100913/2019
Registration Date
02 Apr 2019

Advocates

2

For Petitioner

For Respondent

Parties

8

Acts & Sections

1
Hindu Marriage Act · Sec 34 and 37

Case History / Proceedings

Case History
Date: 09-04-2019
Business: Adjd
Next Purpose: DIRECTIONS
Next Hearing Date: 11-04-2019

Date: 11-04-2019
Business: Adv. Ansari for plaintiff present.
Adv. Uttam Parmar for defendant no.1 present.
Adv. Krishna Patel for defendant nos.2 and 3 present and filed reply to NM 1224/19.
Heard both sides in NM 1224/19 in respect of prayer for grant of ad-interim relief.
F.R.S.R following order is passed-
ORDER
Ad-interim relief is refused.
On request of advocate for the plaintiff matter be kept after vacation.
Matter be posted for reply of defendants to 20.06.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-06-2019

Date: 20-06-2019
Business: Court time is over.
Matter is adjd. to 17.09.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-09-2019

Date: 17-09-2019
Business: Adv. Vaibhavi Gala for the Plaintiff present and she undertakes to file Vakalatnama on next date.
Adv. Krishna Patel for Defendant no. 2 and 3 present.
Adv for the Plaintiff seeks adjournment. Granted as a last chance.
Matter is adjd. to  19.11.2019 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-11-2019

Date: 19-11-2019
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-01-2020

Date: 16-01-2020
Business: matter adjd to 12.03.2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-03-2020

Date: 12-03-2020
Business: CA of Plaintiff present.
Adv. Samial for Defendant No. 3 present.
Plaint.
Vakalatnama/P in plaint.
Memo of address in plaint.
Adjournment application filed by the Plaintiff. t.o.r. O-Granted.
Matter is adjd. to 16.07.2020 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-07-2020

Date: 16-07-2020
Business: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-11-2020

Date: 27-11-2020
Business: Due to lockdown because of Covid-19, board is discharged and as per SOP only urgent matters are taken up.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-03-2021

Date: 06-03-2021
Business: Plaintiff is present.
Advocate for the  plaintiff absent.
Adv. Bhandari h/f adv Mr. Trivedi for the defendant No.3.
Matter is adjd. to 27/04/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-04-2021

Date: 27-04-2021
Business: due to covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-07-2021

Date: 20-07-2021
Business: due to covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-09-2021

Date: 20-09-2021
Business: Representative of plaintiff present.
Advocate of plaintiff absent.
Adv. Mr. Trivedi for defendant No.3 present.
Matter is adjd. to 09/11/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-11-2021

Date: 09-11-2021
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-12-2021

Date: 21-12-2021
Business: Adv. Trivedi for Deft. No. 3 present.
 Matter is adjd. to 21-03-2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-03-2022

Date: 21-03-2022
Business: court is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-04-2022

Date: 04-04-2022
Business: Adv. Fenila Nair for applicant in Ch/s present.She filed V/P in Ch/s. TOR. She also tendered two draft Ch/s with affidavit in support. O-Leave granted to register. serve other side.
Adv. Bhandari h/f Adv. Trivedi for SRA present.
As Court is busy in hearing SU 1564/19 and 2461/19, hence board is  discharged.
Matter is adjd. to 21-06-2022 for Ch/s reply.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-06-2022

Date: 21-06-2022
Business: Adv.Nayar for applicant  present and filed tendered registered Ch/s 784/22, 785/22.
Defendant no. 7 Ravindra Kour present and filed reply to Ch/s 785/22.
Adv. Trivedi for SRA present.
Matter is adjd. to 26-07-2022 for  reply to Ch/s 784/22
Next Purpose: REPLY
Next Hearing Date: 26-07-2022

Date: 26-07-2022
Business: court is on leave
Next Purpose: REPLY
Next Hearing Date: 29-08-2022

Date: 29-08-2022
Business: Adv. Mrs. Nair for plaintiff present.
Deft.no. 7, Ravindar Kaur present and filed to the ch/s no. 784/22.
Copy of ch/s already supplied to the plaintiff.
Adv. Trivedi for defendant no. 2 and 3/SRA present and seeking time for filing reply.
Matter is adjd. to 11.10.2022 for ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 11-10-2022

Date: 11-10-2022
Business: Court is busy in dictating order in NM No. 1686/2019 and NM No. 4498/17 in Suit No. 287/2017. Hence, Board is discharged.
Matter is adjd. to 12.12.2022 for ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 12-12-2022

Date: 12-12-2022
Business: As Court is busy in hearing 40 years old matter i.e in Suit No. 6910/1978 and dictating judgment in Suit no. 650/2018. Hence, board is discharged.  Matter is adjourned to 16.01.2023 for Chamber Summons Reply.
Next Purpose: C/S REPLY
Next Hearing Date: 16-01-2023

Date: 16-01-2023
Business: Court is on leave.
Hence, Board is discharged.
Next Purpose: C/S REPLY
Next Hearing Date: 20-03-2023

Date: 20-03-2023
Business: None present for plaintiff.
Adv. Bhandari h/f Adv. Trivedi for Deft./SRA present.
Defenant No.7 present.
Matter is adjourned to 19.06.2023 for Chamber Summons reply.
Next Purpose: C/S REPLY
Next Hearing Date: 19-06-2023

Date: 19-06-2023
Business: Adv. Ms. S.S. Nayyar for the plaintiff is present.
Adv. Mr. Trivedi for defendant No.3/SRA is present.
Defendant No. 7 is present in person.
Adv. Mr. Ravindra Gaud h/f Adv. Uttam Parmar for defendant No. 7 is present.
Advocate for the plaintiff seeks time to file application for setting aside abatement. Hence, matter is adjourned.
LO at 04:55 pm.
Adv. Ms. Chandramore for defendant/BMC is present.
Adjourned for Ch/s reply to 17.07.2023.
Next Purpose: C/S REPLY
Next Hearing Date: 17-07-2023

Date: 17-07-2023
Business: None present for the plaintiff.
Adv. Mr. Trivedi for defendant No.3/SRA is present.
Matter is adjourned to 18.09.2023 for steps/Ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 18-09-2023

Date: 18-09-2023
Business: Adv. Mr. Nair for the Applicant present and he filed draft c/s along-with affidavit. O- Leave is granted the same till next date.
Copy served to other side.
As the Court is busy in hearing on NM No. 753/2019 in SU No. 2244/2019. Hence, board is discharged.
Matter is adjourned to 17.10.2023 for CH/S reply.
Next Purpose: C/S REPLY
Next Hearing Date: 17-10-2023

Date: 17-10-2023
Business: None present for the plaintiff.
Adv. Ms. F. Nayyar for the applicant is present in Ch/s No. 1862/23
Adv. Ms. Chandramore for defendant No.4/BMC is present.
Adv. Mr. Trivedi for defendant No.3/SRA is present.
Adv. for the applicant filed original registered Ch/s No. 1862/23 along-with affidavit in support. TOR.
Adv. for defendant Nos. 3 and 4 seeks time to file reply to all Ch/s. Time is granted.
Matter is adjourned to 12.12.2023 for Ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 12-12-2023

Date: 12-12-2023
Business: None present for the plaintiff.
Adv. Ms. Fenila N. Nair for the applicant is present.
Adv. Mr. Trivedi for defendant No.3 /SRA is present.
Adv. Ms. Chandramore for defendant No.4/BMC is present.
Adv. Mr. for defendant No. 7 is present and seeks time to reply to Ch/s No. 1862/2023. Time is granted.
Matter is adjourned to 22.01.2024 for reply to Ch/s No. 1862/2023.
Next Purpose: C/S REPLY
Next Hearing Date: 22-01-2024

Date: 22-01-2024
Business: Adv. Mrs. Fenila Nair for the Applicant/Plaintiff in Ch/s is present.
Adv. Mr.Trivedi for defendant No.3/SRA is present.
Adv. Uttam Parmar for defendant No.7 is present.
Advocate for plaintiff not pressed Chs no.784 of 2022. Hence, Ch/s 784/2022 stands disposed of as withdrawn.
Follwing order is passed on Ch/s 1862 of 2023.
Plaintiff has taken present Ch/s for setting aside abatement of suit against plaintiff who expired on 11.05.2021 and for condonation of delay in taking out Chamber Summons. Contesting defendant no.7 has given his no objection to the same.
Hence follwing order is passed on Ch/s.1862 OF 2023
ORDER
1. Ch/s No.1862 of 2023  is hereby made absoulte.
2. Abatement of suit is set aside and delay caused in taking out Chs is condoned.
Follwing order is passed on Ch/s No. 785 of 2022.
     Plaintiff has taken out present Ch/s for bringing on record legal heirs of plaintiff. The contesting defendant no.7 had earlier opposed the Ch/s by filing reply. However, today adv. for defendant no.7 has given his no objection to allow the Ch/s. Hence, following order is passed on Ch/s No. 785/22.
ORDER
1. Ch/s No. 785 of 2022 is made absolute.
2. Plaintiff to carry out necessary amendment within 14 days and to supply of copy of amended plaint on record.
Today it is submitted on behalf of both the parties that matter is likely to be settled. Hence, matter is referred for mediation.
Matter is adjourned to 05.02.2024 for Mediation Report/Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 05-02-2024

Date: 05-02-2024
Business: Adv. Ms.Fenila Nair for the plaintiff is present.
Adv.Trivedi for defendant no.3/SRA is present.
It is submitted by adv. for plaintiff she has complied with the order. It is also submitted that matter is being settled before mediator and seeks some time for settlement.
Adv. for plaintiff not press NM No.1224 of 2019.
Hence, NM No.1224 of 2019 stands disposed off as withdrawn.
Matter is adjourned to 16.02.2024 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 16-02-2024

Date: 16-02-2024
Business: Defendant no.7 and 7b is present.
Adv. Ms. Fenila N. Nair for plaintiff is present.
Adv.Mr.Trivedi for defendant no.2 and 3/SRA is present.
Adv. Mrs.Chandramore for defendant no.4/BMC is present.
Mediation Report alongwith Consent Terms is received which is marked at Exh-5 and Exh-6 respectively.
Adv. for plaintiff filed withdrawal of suit pursis against defendant nos.1 to 6 marked at Exh-7.
Order below Exh-7- Adv. for plaintiff filed pursis for withdrawal of suit against defendant nos.1 to 6 by submitting that defendant nos.1 to 6 being formal parties to the suit, plaintiff is withdrawing the suit against them. Hence, permission is granted to withdraw suit as prayed.
Order below Exh-1
          Adv. for plaintiff submitted that matter was referred for mediation and matter is settled before Mediator. Today report of Mediator is also received thereby stating that dispute between the parties is settled amicably as per Consent Terms annexed alongwith the report. Consent Terms are singed by plaintiff nos. 1(a), 1(b), 1(c), 1(d) and defendant nos.7, 7(a), 7(b). Adv. for plaintiff filed withdrawal pursis against defendant nos.1 to 6. Hence, suit stands withdrawn against defendant nos.1 to 6. It appears that plaintiff and defendant no.7 have amicably settled their dispute in view of Consent Terms (Exh-6). Hence, I proceed to pass the following order.
ORDER
1. Suit No.913 of 2019 stands disposed off as compromised in view of Consent Terms (Exh-6).
2. Consent Terms (Exh-6) be treated as part and parcel of decree.
3. Decree be drawn up accordingly.
Nature Of Disposal: CONSENT DECREE
Disposal Date: 16-02-2024

Additional Case Details

Additional Case Details
Filing Number: 103221/2019
Filing Date: 14-03-2019
First Hearing Date: 09th April 2019
Decision Date: 16th February 2024
Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE

Orders

1
Final Order 1Full order available
16 Feb 2024

Order Details: Other Pdf Text: 28/02/2024, 13:40 Case History 172.16.148.30/swecourtis/kiosk/ 1/1 Back Daily Status IN THE COURT OF :COURT 09 ADDL SESSIONS JUDGE Case No. :SUIT/0100913/2019 Rajni Amritlal Batra Vs The Additional Collector Date : 16-02-2024 Business : Defendant no.7 and 7b is present. Adv. Ms. Fenila N. Nair for plaintiff is present. Adv.Mr.Trivedi for defendant no.2 and 3/SRA is present. Adv. Mrs.Chandramore for defendant no.4/BMC is present. Mediation Report alongwith Consent Terms is received which is marked at Exh-5…

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