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SUIT - SHORT CAUSE CIVIL SUIT

Shri Hasmukhray Harilal VoraVsMCGM

CNR MHCC0100300720185-COURT 05 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 09th January 2025

TrustJury record updated 10 Sept 2026

Case Overview

Registration Number
100655/2018
Registration Date
05 Mar 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Respondent

    1. 1MCGM

    Acts & Sections

    2
    Hindu Marriage Act · Sec 34 · 38
    Terrorist and Disruptive and Activities (Prevention) Act · Sec 351

    Case History / Proceedings

    Case History
    Date: 31-03-2018
    Business: Resumed.
    Adv. Sandip Singh for plaintiff.  None for defendant.
    FRSR the following order is passed on Notice of Motion No. 1259 of 2018 -
    ORDER
    1.  The Notice of Motion No. 1259 of 2018 is dismissed.
    2.  Parties to bear their respective costs.
    3.  The earlier order of status-quo is extended till 16.04.2018 with a direction that it will not be extended on any count.
    Adjd. for written statement to 07.06.2018
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 07-06-2018
    
    Date: 07-06-2018
    Business: Resumed.
    None for plaintiff and defendant.
    Adjd for written statement to 10.08.2018.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 10-08-2018
    
    Date: 10-08-2018
    Business: Resumed.
    None for plaintiff.
    Adv. Chandramore seeks time to file w.s. Granted as last chance.
    Adjd for written statement to 08.10.2018.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 08-10-2018
    
    Date: 08-10-2018
    Business: Resumed.
    None for plaintiff, Adv. Mr. Patil for BMC seeks time to file written statement - Granted as last chance.
    Adjd for written statement to 17.12.2018
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 17-12-2018
    
    Date: 17-12-2018
    Business: Resumed.
    The P.O. is on leave.
    Adjd for  W.S. to 15.02.2019
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 15-02-2019
    
    Date: 15-02-2019
    Business: As court is busy in recording evidence in Suit no. 922 of 10 and hearing Arguments of Suit no. 892 of 2008. Hence board is discharge.
    Matter adjd. to 8.4.19 for written statement.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 08-04-2019
    
    Date: 08-04-2019
    Business: As Court is buys in dictating judgment in SU 2076/05, SU 2324/05 and SU 2582/13, hence, board discharged.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 01-07-2019
    
    Date: 01-07-2019
    Business: Plaintiff and his Adv.absent.
    Adv.Mr.Pradip Patil for defendant/MCGM present.
    Matter adjd to 09.08.2019 for WS.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 09-08-2019
    
    Date: 09-08-2019
    Business: Plaintiff and his Adv.absent.
    Adv.Mr.Pradeep Patil for defendant/MCGM present.
    Exh.1 - Plaint
    Exh.2 - Vakalatnama. O-Seen and filed.
    Exh.3 - Address Memo. O-R and R.
    Exh.4 - List of documents. O-Seen and filed.
    Exh.5 - Affidavit in support of plaint.
    Exh.6 - NM reply be treated as WS. Exh.6. O-filed.
    Matter adjd to 30.09.2019 for Framing issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 30-09-2019
    
    Date: 30-09-2019
    Business: As Court is busy in recording evidence, hearing final arguments, hearing other matters, passing orders and misc. work hence, board is discharged.
    Matter adjd to 15/11/2019 for framing issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 15-11-2019
    
    Date: 15-11-2019
    Business: Plaintiff and Adv. Absent.
    Adv. Mr. Patil/Mrs. Tondwalkar  for dfdt/MCGM present.
    Matter adjd to 20/12/2019 for framing issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 20-12-2019
    
    Date: 20-12-2019
    Business: As Court is on leave.
    Matter is adjd to 30.01.2020  for Framing issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 30-01-2020
    
    Date: 30-01-2020
    Business: Plaintiff and advocate absent.
    Adv. Mrs. Rawade for the defendant  MCGM  present
    Matter is adjd to 07/03/2020 for framing issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 07-03-2020
    
    Date: 07-03-2020
    Business: Plaintiff and advocate absent.
    Adv. Mrs. Rawade for MCGM/deft present.
    Issues are framed.
    Matter is adjd to 12/06/2020 for r/e.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 12-06-2020
    
    Date: 12-06-2020
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 06-07-2020
    
    Date: 06-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 06-08-2020
    
    Date: 06-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 15-09-2020
    
    Date: 15-09-2020
    Business: Covid-19
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 13-10-2020
    
    Date: 13-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 04-11-2020
    
    Date: 04-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 09-12-2020
    
    Date: 09-12-2020
    Business: None present for plaintiff.
    Adv Suryawanshi present for MCGM/defendant.
    Matter adjourned for RE to 22.01.2021.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 22-01-2021
    
    Date: 22-01-2021
    Business: As court is on Leave, Hence matter is adjd. to
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 26-02-2021
    
    Date: 26-02-2021
    Business: PO is on leave for first session.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 09-04-2021
    
    Date: 09-04-2021
    Business: In view of covid-19 Pandemic, board is discharged, hence matter is adjd. for
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 25-06-2021
    
    Date: 25-06-2021
    Business: As presiding officer is on leave today hence, matter is adjourn to
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 08-09-2021
    
    Date: 08-09-2021
    Business: Adv. absent for plaintiff.
    Adv. Soraan present  for MCGM/defendant.
    as plaintiff and his adv. is absent, Matter adjourned for RE to. 10/11/21.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 10-11-2021
    
    Date: 10-11-2021
    Business: None present for plaintiff.
    Adv. Soraan @ adv. diwate present for MCGM/defendant.
    As plaintiff and his adv. absent,  Matter adjourned for RE to. 12/01/2022.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 12-01-2022
    
    Date: 12-01-2022
    Business: In view of the office order no. 07/2022 dated. 07/01/22 of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06/01/22 of Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge of COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s. Hence, Matter adjourned.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 02-03-2022
    
    Date: 02-03-2022
    Business: As presiding officer is on leave. Hence, Matter is adjourned to
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 27-04-2022
    
    Date: 27-04-2022
    Business: As presiding officer is on training at Uttan. Hence, matter is adjourned to
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 20-07-2022
    
    Date: 20-07-2022
    Business: As court is busy.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 26-08-2022
    
    Date: 26-08-2022
    Business: None for Plaintiff.
    Adv Smt. Kumud Soraan for defendant/MCGM present.
    Plaintiff is directed to lead evidence on next date without fail.
    Matter is adjd for RE on 21-10-2022
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 21-10-2022
    
    Date: 21-10-2022
    Business: As Court is busy in urgent hearing in ad-interim matters i.e. Stamp No. 11781 of 2022 and orders dictating of In charge Court matters i.e. St.No. 11943/2022 and 11766/2022. Hence want of time board discharged.
    Matter is adjd for RE on 16-12-2022
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 16-12-2022
    
    Date: 16-12-2022
    Business: None for Plaintiff.
    Adv. Mr. Diwate for MCGM/ defendant  present.
    Plaintiff is directed to appear and lead evidence on next date without fail.
    Matter is adjd for RE  on 20-02-2023
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 20-02-2023
    
    Date: 20-02-2023
    Business: None for Plaintiff.
    Adv  Pradeep Patil for defendant/MCGM present.
    Matter is adjd for RE on 19-04-2023
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 19-04-2023
    
    Date: 19-04-2023
    Business: None for plaintiff.
    Adv. Patil for MCGM/Defendant.
    Plaintiff is directed to appear and proceed on next date without fail.
    Matter adjourned for R/E on  14-07-2023.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 14-07-2023
    
    Date: 14-07-2023
    Business: None for plaintiff.
    Adv. Pradip Patil for defendant/ BMC present.
    It appears from the record that issues are framed on 07/03/2020. However, thereafter the plaintiff continuously remained absent.
    Hence, matter be kept for passing dismissal order.
    Matter is adjd. to 06/09/2023 for dismissal order.
    Next Purpose: DISMISSAL
    Next Hearing Date: 06-09-2023
    
    Date: 06-09-2023
    Business: None for plaintiff.
    Adv. Pradip Patil for defendant/ BMC present.
    Matter is adjd. to 21/10/2023 for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 21-10-2023
    
    Date: 21-10-2023
    Business: None for Plaintiff.
    Adv. Rawade for MCGM/Defendant present.
    Matter is adjd  to 21.12.2023 for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 21-12-2023
    
    Date: 21-12-2023
    Business: None for Plaintiff.
    Adv. Ms. Rawade for MCGM present.
    Matter is adjd  to 20.01.2024 for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 20-01-2024
    
    Date: 20-01-2024
    Business: None for Plaintiff.
    Adv. Ms. Rawade for MCGM present.
    Matter is adjd  to 07.03.2024 for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 07-03-2024
    
    Date: 07-03-2024
    Business: None for Plaintiff.
    Adv. Rawade for defendant/BMC present.
    Matter is adjd  to 20.04.2024 for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 20-04-2024
    
    Date: 20-04-2024
    Business: None for Plaintiff.
    Adv. Ms. Rawade for MCGM present.
    Matter is adjd  to 18/07/2024  for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 18-07-2024
    
    Date: 18-07-2024
    Business: None for Plaintiff.
    None for defendant/MCGM.
    Matter is adjd  to 17.08.2024 for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 17-08-2024
    
    Date: 17-08-2024
    Business: None for Plaintiff.
    Adv. Chaitanya Dalvi for Defendant/MCGM present.
    Matter is adjd  to 15.10.2024 for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 15-10-2024
    
    Date: 15-10-2024
    Business: None for Plaintiff.
    Adv. Sachin Vajale for defendant/BMC present.
    Matter is adjd to 16.11.2024 dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 16-11-2024
    
    Date: 16-11-2024
    Business: None for Plaintiff.
    Adv. Nandanwar for deft/MCGM present.
    Matter is adjd  to 09-01-2025  for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 09-01-2025
    
    Date: 09-01-2025
    Business: None for Plaintiff.
    Adv. Chaitanya Dalvi for Defendant/MCGM present.
    Later on at 1.05 p.m.
    ORDER
         Vide order Dtd 14.07.2023, the present suit is kept for dismissal order as issues are framed on 07.03.2020 and since then plaintiff failed to file his evidence and remained absent continuously. Further from last more than one year plaintiff and his counsel are absent. It is therefore clear that plaintiff is not interested to proceed with the suit so it deserves to be dismissed for want of prosecution. In the result following order is passed -
    1. L. C. Suit No. 655 of 2018 is dismissed in default for want of prosecution.
    2. No order as to costs.
    3. Bill of costs be drawn up accordingly.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 09-01-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 103375/2018
    Filing Date: 28-02-2018
    First Hearing Date: 02nd May 2018
    Decision Date: 09th January 2025
    Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    09 Jan 2025

    Order Details: Other Pdf Text: 09.01.2025 CORAM: SHRI R. S. ARADHYE, ADDL. SESSIONS JUDGE C.R.NO.5 SU. 655/18 None for Plaintiff. Adv. Chaitanya Dalvi for Defendant/MCGM present. Later on at 1.05 p.m. ORDER Vide order Dtd 14.07.2023, the present suit is kept for dismissal order as issues are framed on 07.03.2020 and since then plaintiff failed to file his evidence and remained absent continuously. Further from last more than one year plaintiff and his counsel are absent. It is therefore clear…

    Read Full Order
    Order 1Full order available
    09 Jan 2025

    Order Details: Other Pdf Text: 09.01.2025 CORAM: SHRI R. S. ARADHYE, ADDL. SESSIONS JUDGE C.R.NO.5 SU. 655/18 None for Plaintiff. Adv. Chaitanya Dalvi for Defendant/MCGM present. Later on at 1.05 p.m. ORDER Vide order Dtd 14.07.2023, the present suit is kept for dismissal order as issues are framed on 07.03.2020 and since then plaintiff failed to file his evidence and remained absent continuously. Further from last more than one year plaintiff and his counsel are absent. It is therefore clear…

    Read Full Order

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