SUIT - SHORT CAUSE CIVIL SUIT

Nityanand Biranna PoojariVsPrabhu Vaijnath Suryawanshi +1 more

CNR MHCC0100300220202-COURT 02 ADDL SESSIONS JUDGE

City Civil Court, Mumbai

Mumbai · Maharashtra (MH)

CASE DISPOSED

Uncontested--DISMISSED IN DEFAULT

Decision Date: 22nd March 2022

TrustJury record updated 28 Sept 2026

Case Overview

Registration Number: 101027/2020
Registration Date: 11 Mar 2020

Advocates

For Petitioner

A. A. Jain

For Respondent

Not available

Parties

Petitioner

1Nityanand Biranna Poojari

Respondent

Acts & Sections

Protection of Women from Domestic Violence Act · Sec 39

Case History / Proceedings

Case History

Date: 13-03-2020
Business: By precipee.
Adv. Jain  for plff. present and tendered draft nm alongwith affidavie. leave granted to register.
                      ORDER On Ad-interim Releif
1. Perused plaint, documents annexed to the plaint, prayers in the Notice of Motion and heard ld advocate for the plff. the plff  is claiming ownership over the suit premises by virtue of an  unregistered sale deed dated 10/02/2018 of the previous owner and he alleges that the defendants, the licenses, are trying to create third party interest denying rights of the plff. the defts. have not appeared despite service. the interest of the plff in the suit premises can be seen from the documents such as, the sale deed, the power of attorney, the affidavit, application for change of name of the electricity meter of the suit premises. as such, the plff has brought triable question before the court and if the injunction is not granted in his favour he will suffer irreparable loss. therefore, ad interim relief in terms of prayer (a) is  granted till next date.
Adjd to 15/06/2020  for n/m reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-06-2020

Date: 15-06-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-09-2020

Date: 28-09-2020
Business: In view of the Standard Operating Procedure laid down by Hon''ble Bombay High Court vide circulars dtd. 03.06.2020, 05.09.2020, 10.09.2020 in the wake of spread of COVID-19 pandemic the matter is adjourned owing to absence of the  parties.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-12-2020

Date: 21-12-2020
Business: Court is on leave
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-02-2021

Date: 16-02-2021
Business: Adv A. A. Khan for plff present.
He is directed to file affidavit of service.
Earlier order continue.
Matter stands Adj for Affidavit of Service to 12/03/2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 12-03-2021

Date: 12-03-2021
Business: Adv A. A. Jain for plff present.
He seeks time to file affidavit of service on deft.
Earlier order to continue till next date.
Matter stands Adj for Affidavit of Service to 30/04/2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 30-04-2021

Date: 30-04-2021
Business: Due to Covid-19 matter adjd
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 10-07-2021

Date: 30-04-2021
Business: Due to Covid-19 matter adjd
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 10-07-2021

Date: 10-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 28-08-2021

Date: 28-08-2021
Business: Both parties and their Adv absent.
Earlier order to continue till next date.
Matter stands Adj for Affidavit of Service to 25/10/2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 25-10-2021

Date: 25-10-2021
Business: None for plff.  Thought ad-interim relief was granted in favour of the plff on 13/03/2020, plff failed to file affidavit of service of writ of summons on deft.
Matter stands Adj to 07/01/2022 for Affidavit of service of writ of summons as last chance, in default ad-interim relief shall be vacated and suit shall be dismissed in default.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 07-01-2022

Date: 07-01-2022
Business: P.O. IS ON LEAVE
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 10-02-2022

Date: 07-01-2022
Business: P.O. IS ON LEAVE
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 10-02-2022

Date: 10-02-2022
Business: Due to Covid-19, matter is adjd to
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 22-03-2022

Date: 22-03-2022
Business: None for plaintiff when called out at 3.20 p.m.
Plaintiff failed to serve writ of summons on defendant inspite of sufficient opportunities. Suit is pending since 2020. Today the case is fixed for affidavit of service as last chance and default for dismissal order. Today also none present for plaintiff when called out repeatedly. Plaintiff also not tendered original NM NO.1902/2020. Hence, the Suit is dismissed in default for want of prosecution. Accordingly, NM NO.1902/2020 stands disposed off. Interim protection granted on 13.03.2020 stands vacated. Proceeding is closed.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 22-03-2022

Additional Case Details

Filing Number: 103335/2020
Filing Date: 09-03-2020
First Hearing Date: 13th March 2020
Decision Date: 22nd March 2022
Court Number And Judge: 2-COURT 02 ADDL SESSIONS JUDGE

Orders

Final Order 1

22 Mar 2022

Order Details: Other
Pdf Text: 22.03.2022
28
CORAM : HIS HONOUR JUDGE SHRI. S. T. SOOR
(C. R. No. 2)
SU 1027/2020
@ NM
1902/2020
None for plaintiff when called out at 3.20 p.m.
Plaintiff failed to serve writ of summons on defendant
inspite of sufficient opportunities. Suit is pending since
2020. Today the case is fixed for affidavit of service as last
chance and default for dismissal order. Today also none
present for plaintiff when called out repeatedly. Plaintiff also
not tendered original NM NO.1902/2020. Hence, the Suit is
dismissed in default for want of prosecution.
Accordingly, NM NO.1902/2020 stands disposed off.
Interim protection granted on 13.03.2020 stands
vacated. Proceeding is closed.
Judge
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