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SUIT - SHORT CAUSE CIVIL SUIT

Parshuram Atmaram Kadam +1 moreVsAtmaram Dhondu Kadam

CNR MHCC01003173202065-COURT 65 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 12th February 2024

TrustJury record updated 28 Sept 2026

Case Overview

Registration Number
101082/2020
Registration Date
24 Jul 2020

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    CODE OF CIVIL PROCEDURE · Sec 39

    Case History / Proceedings

    Case History
    Date: 14-08-2020
    Business: Case is adjd. in view of declaration of Noval Corona Virus (COVID -19).
    Next Purpose: DIRECTIONS
    Next Hearing Date: 20-10-2020
    
    Date: 20-10-2020
    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: DIRECTIONS
    Next Hearing Date: 25-01-2021
    
    Date: 25-01-2021
    Business: Pursuant to office order No. 166/2020 dtd. 27.11.2020 of Hon\''ble Principal Judge City Civil and Sessions Court, Greater Bombay in view of standard operating procedure (SOP) dtd. 27.11.2020 of Hon\''ble Bombay High Court, after taking into account the present situation of COVID-19 pandemic, the matter is adjourned owing to absence of the parties.
    Adjd to 26.04.2021 for Directions.
    Reason For Adjournment: court time is over
    Next Purpose: DIRECTIONS
    Next Hearing Date: 26-04-2021
    
    Date: 26-04-2021
    Business: Case is adjd. in view of declaration of Noval Corona Virus (COVID -19).
    Next Purpose: DIRECTIONS
    Next Hearing Date: 13-08-2021
    
    Date: 13-08-2021
    Business: At 11.18 am
    None for plaintiff.
    Kb L. O at 2.45 pm
    The plaintiff did not serve writ of summons till date though time was extended on 7.11.2020.
    Plaintiff is directed to file the compliance report on next date.
    Adjd for report to 09/12/2021
    Next Purpose: REPORT
    Next Hearing Date: 09-12-2021
    
    Date: 09-12-2021
    Business: IN THE COURT OF H.H.J. SMT. S. S. NAGUR JUDGE CITY CIVIL COURT C.R. NO. 04
    Adv. For plaintiff present.
    Adjd for taking steps to serve writ of summons to 21/03/2022.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 02-02-2022
    
    Date: 02-02-2022
    Business: BY PRECEIPE O- Allowed.
    Adv. Jash Vyas for plaintiff present.
    Time extended to serve writ of summons to defendants to be served through bailiff as defendant is residing within jurisdiction of court.
    Already adjd to 21/03/2022
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 21-03-2022
    
    Date: 21-03-2022
    Business: Plaintiff No. 2 present.
    Adv. Jash vyas for plaintiff present.
    Adjd for taking steps to 04/05/2022
    L. O at 1.58 pm
    Adv. Omar Khaiyam Shaikh filed vakalatnama on behalf of defendant. T.O.R. O- Filed
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 04-05-2022
    
    Date: 04-05-2022
    Business: Adv. Jash Vyas for plaintiff present.
    Adjd for taking steps to 19/07/2022
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 19-07-2022
    
    Date: 19-07-2022
    Business: Adv. Punit Vyas h/f Adv. Jash Vyas a/w plaintiff no. 2 present
    None for defendant
    As per writ of summons and bailiff report on it, defendant no. 1 is served with writ of summons on 03-03-2022.Adv. Umar Khaiyam Shaikh appeared for the defendant and filed vakalatnama, but written statement is not filed till today. Hence, suit to proceed without written statement against the defendant.
    Matter is adjd.to 15-09-2022 for evidence of plaintiff
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 15-09-2022
    
    Date: 15-09-2022
    Business: Adv. Punit Vyas a/w plaintiff present.
    Adv.  Shaheen Dhamaskar for defendant present.
    Matter is adjd.to 16-11-2022 for evidence of plaintiff
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 16-11-2022
    
    Date: 16-11-2022
    Business: Exh.01 Plaint
    Exh.02 Vakalatnama
    Exh.03 Memorandum of address
    Exh.04 List of documents.
    Adv. Jash Vyas a/w Adv. Punit Vyas a/w plaintiff  no. 2 present
    Adv. Omar Shaikh a/w Adv. Shahin Dhamaskar for defendant present and filed draft NM with supporting affidavit for condoning delay in filing written statement t.o.r. Leave is granted to register the NM.
    She placed on record copy of draft NM for plaintiff.
    LO at 1.40 pm.
    Adv. Jash Vyas for plaintiff present and filed evidence affidavit of PW - 1 Jitendra t.o.r. marked as Exh.5
    He also filed list of document t.o.r. marked as Exh.6
    Adv. Jash Vyas received copy of draft NM
    Matter is adjd.to 18-01-2023 for filing registered NM.
    Next Purpose: FOR___________________
    Next Hearing Date: 18-01-2023
    
    Date: 18-01-2023
    Business: None for plaintiff.
    Adv. Shaheen Imtiyaz h/f Omar Shaikh  for defendant present and filed registered NM No. 4834/22 with supporting affidavit. t.o.r.
    She placed on record copy of NM No. 4834/22
    LO 2.45 PM
    Adv. Jash Vyas a/w plaintiff no. 2 in person present and received copy of NM No.  4834/22
    He has given say at the back side of registered NM No. 4834/22.
    Matter is adjd.to 01-02-2023 for NM Hrg/order.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-02-2023
    
    Date: 01-02-2023
    Business: Adv. Jash Vyas for plaintiff present.
    Adv. Shaheen Imtiyaz Dhamaskar  for defendant present and prayed for adjournment due to non availability of Adv.  Mohd. Shaikh- allowed
    Matter is adjd.to 20-02-2023 for NM hrg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-02-2023
    
    Date: 20-02-2023
    Business: Adv. Jush Vyas  for plaintiffs present.
    Adv. Umar Kayyam Shaikh for defendant present.
    Matter is adjd.to 04-03-2023 for NM Hrg
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-03-2023
    
    Date: 04-03-2023
    Business: Adv. Jush Vyas for plaintiffs a/w plaintiff no. 2 present.
    None for defendant.
    Matter is adjd.to 31-03-2023 for NM Hrg as a last chance.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 31-03-2023
    
    Date: 31-03-2023
    Business: Adv. Jash Vyas for plaintiff present.
    Adv. Shaheen Imtiyaz Dhamaskar for defendant present and prayed for adjournment  - allowed
    Matter is adjd.to  13-04-2023 for NM Hrg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-04-2023
    
    Date: 13-04-2023
    Business: Adv. Jash Vyas for plaintiffs a/w plaintiff no. 2 present
    Adv. Shaheen Imtiyaz for defendant present  and filed written statement t.o.r.
    Heard both sides in NM No. 4834/22.
    F.R.S.R. following order is passed in NM No.  4834/22 -
                                          ORDER
    1.  Notice of Motion No. 4834 of 2022 is made absolute in terms of prayer clause (a) subject to costs of Rs.2,000/- payable to the plaintiffs or learned advocate for the plaintiffs on or before next date of hearing.
    2.  Written statement shall be exhibited upon payment of costs as above.
    3. Proceeding of Notice of Motion No. 4834 of 2022 is closed.
    Matter is adjd.to 06-05-2023 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 06-05-2023
    
    Date: 06-05-2023
    Business: Adv. Jash Vyas for plaintiffs  for plaintiff  present and received cheque no. 000087 of Rs. 2,000/-  of Kotak Mahendra Bank handed over by Adv. Shaheen Imtiyaz Dhamaskar for defendant.
    Adv. Shaheen Imtiyaz Dhamaskar for defendant present
    Matter is adjd.to 17-06-2023 for compliance/issues.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 17-06-2023
    
    Date: 17-06-2023
    Business: Court is on leave, matter adjourned to
    Next Purpose: COMPLIANCE
    Next Hearing Date: 01-07-2023
    
    Date: 01-07-2023
    Business: Court is on leave
    Next Purpose: COMPLIANCE
    Next Hearing Date: 25-08-2023
    
    Date: 25-08-2023
    Business: None For plaintiff present.
    None For defendant present.
    Matter adjourned for compliance to 07/11/2023.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 07-11-2023
    
    Date: 07-11-2023
    Business: None For plaintiff present.
    None For defendant present.
    Matter adjourned for compliance to 12/02//2024.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 12-02-2024
    
    Date: 12-02-2024
    Business: Advocate Jash Vyas for Plaintiffs a/w plaintiff No.2 present and filed withdrawal pursis/application t.o.r. and marked as Exhibit-07 -seen.
    Advocate Shahzad Ansari a/w defendant present.
    As plaintiff no.2 has admitted his signature on withdrawal pursis Exhibit-07 and he is represented by an advocate, unconditional withdrawal can be allowed in view of settlement between the parties. The defendant has also admitted the aspect of settlement. Hence, Suit No.1082/2020 is disposed off as withdrawn. Court fees shall be refunded as per rules. Proceeding of Suit No.1082/2020 is closed.
    Nature Of Disposal: WITHDRAWL
    Disposal Date: 12-02-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 103528/2020
    Filing Date: 13-03-2020
    First Hearing Date: 14th August 2020
    Decision Date: 12th February 2024
    Court Number And Judge: 65-COURT 65 ADDL SESSIONS JUDGE

    Orders

    3
    Final Order 2
    12 Feb 2024
    Order Details: Other
    Pdf Text: 12.02.2024
    Sr. No. 45
    SU 1082/20
    Exh-07.
    CORAM :- H.H.J. SHRI. R.R. BHAGWAT (CR.65)
    Advocate Jash Vyas for Plaintiffs a/w plaintiff No.2 present and filed
    withdrawal pursis/application t.o.r. and marked as Exhibit-07 -seen.
    Advocate Shahzad Ansari a/w defendant present.
    As plaintiff no.2 has admitted his signature on withdrawal pursis
    Exhibit-07 and he is represented by an advocate, unconditional
    withdrawal can be allowed in view of settlement between the
    parties. The defendant has also admitted the aspect of settlement.
    Hence, Suit No.1082/2020 is disposed off as withdrawn. Court fees
    shall be refunded as per rules. Proceeding of Suit No.1082/2020 is
    closed.
    Judge
    -- 1 of 1 --
    Interim Order 1Full order available
    13 Apr 2023

    Order Details: Notice of Motion Pdf Text: N/m No. 4834/22 in S.C.Suit No. 1082/2020. 1 Order. MHCC010140902022 Presented on : 22-12-2022 Registered on : 22-12-2022 Decided on : 13-04-2023 Duration : 0 years, 3 months, 22 days IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. NOTICE OF MOTION NO. 4834 OF 2022 IN S. C. SUIT NO. 1082 OF 2020 Parshuram Atmaram Kadam and one )...Plaintiffs Versus Atmaram Dhondu Kadam )...Defendant CORAM : HIS HONOUR JUDGE SHRI R.R.BHAGWAT. (COURT ROOM…

    Read Full Order
    Order 1Full order available
    13 Apr 2023

    Order Details: Notice of Motion Pdf Text: N/m No. 4834/22 in S.C.Suit No. 1082/2020. 1 Order. MHCC010140902022 Presented on : 22-12-2022 Registered on : 22-12-2022 Decided on : 13-04-2023 Duration : 0 years, 3 months, 22 days IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. NOTICE OF MOTION NO. 4834 OF 2022 IN S. C. SUIT NO. 1082 OF 2020 Parshuram Atmaram Kadam and one )...Plaintiffs Versus Atmaram Dhondu Kadam )...Defendant CORAM : HIS HONOUR JUDGE SHRI R.R.BHAGWAT. (COURT ROOM…

    Read Full Order

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