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SUIT - SHORT CAUSE CIVIL SUIT

Harikant Gaurishankar ShuklaVsLaxmikant Gaurishankar Shukla

CNR MHCC01003210201962-COURT 62 AD-HOC ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 10th August 2023

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
101009/2019
Registration Date
10 Apr 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1

    Case History / Proceedings

    Case History
    Date: 02-05-2019
    Business: None present for Plaintiff.
    None present for Defendant.
    Plaintiff is directed to file affidavit of service of writ of summons upon Defendant.
    Case is adjourned to 27/08/2019 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 27-08-2019
    
    Date: 27-08-2019
    Business: None present for Plaintiff.
    Advocate Prakash Mishra for Defendant present and filed vakalatnama, t.o.r.
    Case is adjourned to 11/11/2019 for Written Statement of Defendant.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 11-11-2019
    
    Date: 11-11-2019
    
    Date: 24-01-2020
    Business: Advocate Ratnesh Shukla for Plaintiff present
    None present for Defendant.
    Court was busy in dictating order on Hon\''ble High Court time bound Notice of Motions in suit no.627/13 as well as passing order on Notice of Motion no.295/2020 in suit no.201/2020 and court has to hear argument in suit no.8472/86 after completion of the order of Notice of Motion no.295/2020, hence case is adjourned to 16/04/2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-04-2020
    
    Date: 16-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-05-2020
    
    Date: 05-05-2020
    Business: National Lock down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-05-2020
    
    Date: 27-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-06-2020
    
    Date: 12-06-2020
    Business: In view of extension of Lockdown period case is adjd. to 07.08.2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-08-2020
    
    Date: 07-08-2020
    
    Date: 09-09-2020
    
    Date: 03-12-2020
    
    Date: 17-02-2021
    Business: None present for plaintiff.  None present for defendant.
    KB
    LO at 4.05 pm
    None appeared for both parties despite keeping back the matter. Roznama shows that leave to register NM was granted to the plaintiff on 2/5/2019.  It appears that plaintiff has got NM registered as NM 2548/2019 but it is not tendered in the court till date. Likewise, plaintiff has not filed affidavit of service of said NM on the defendant till date.  As nobody is present for the plaintiff, there is no propriety to keep the said NM pending any further, hence NM 2548/2019 is dismissed in default.
    Adjd. for service of writ of summons to 5/5/2021.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 05-05-2021
    
    Date: 05-05-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 04-08-2021
    
    Date: 04-08-2021
    Business: None  present for plff.
    Steps not taken by the plff to serve the deft with writ of summons.
    Regular functioning of the Court has started however, local train facility is yet to be started for the public at large. To protect the interest of justice, matter is adjourned till next date.
    Matter is adjd. for writ of summons to 26.10.2021.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 26-10-2021
    
    Date: 26-10-2021
    Business: Court is on leave.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 09-12-2021
    
    Date: 09-12-2021
    Business: None present for both parties.
    Matter is kept for service of writ of summons however, roznama dt.27.08.2019 shows that deft has already appeared in the matter through advocate and matter was adjourned that day to 11.11.2019 for filing WS by the deft. Apparently, deft is already served with writ of summons but failed to file WS within stipulated period of 30/90 days hence, suit to proceed without WS against the deft.
    Matter is adjd. for evidence without WS to 22.02.2022.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 22-02-2022
    
    Date: 22-02-2022
    
    Date: 06-06-2022
    
    Date: 19-07-2022
    
    Date: 06-10-2022
    Business: None present for both sides. No evidence adduce, keep for order.
    Matter adjd to 05.01.2023 for order.
    Next Purpose: ORDER
    Next Hearing Date: 05-01-2023
    
    Date: 05-01-2023
    Business: None present for both sides. Considering the nature of dispute, matter is referred to lok-adalat. Issue notice to parties.
    Matter adjd to 11.02.2023 for lok-adalat.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 11-02-2023
    
    Date: 11-02-2023
    Business: Parties and their Ld. Advocates are absent.
    As parties and their Ld. Advocates are absent, hence, matter is kept in regular Court.
    Matter is adjd to 16.03.2023.
    Next Purpose: HEARING
    Next Hearing Date: 16-03-2023
    
    Date: 16-03-2023
    Business: None present for both sides.
    Matter adjd to 30.04.2023 for lok-adalat.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 30-04-2023
    
    Date: 30-04-2023
    
    Date: 14-06-2023
    
    Date: 10-08-2023
    Business: None present for both the parties.
    From the perusal of the roznama it is apperant that despite the order being passed on 09.12.2021 directing the suit to proceed without written statement of the defe. , the plaintiff is not attending the matter since long and is not prosecuting the suit diligently against the def. It is  thus obvious that the plaintiff has lost his interest in prosecuting the suit. Hence I do not find any justification to keep the suit pending any more without serving any useful purpose. The suit is therefore liable to be dismissed for want of prosecution and accordingly dismissed.
    Nature Of Disposal: DISMISSED
    Disposal Date: 10-08-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 103440/2019
    Filing Date: 19-03-2019
    First Hearing Date: 02nd May 2019
    Decision Date: 10th August 2023
    Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    10 Aug 2023
    Order Details: Other
    Pdf Text: 04/09/2023, 11:07 Case History
    172.16.148.30/swecourtis/kiosk/ 1/1
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    Daily Status
    IN THE COURT OF :COURT 62 ADDL SESSIONS JUDGE
    Case No. :SUIT/0101009/2019
    Harikant Gaurishankar Shukla Vs Laxmikant Gaurishankar Shukla
    Date : 10-08-2023
    Business 	: None present for both the parties. From the perusal of the roznama it is apperant
    that despite the order being passed on 09.12.2021 directing the suit to proceed
    without written statement of the defe. , the plaintiff is not attending the matter
    since long and is not prosecuting the suit diligently against the def. It is thus
    obvious that the plaintiff has lost his interest in prosecuting the suit. Hence I do
    not find any justification to keep the suit pending any more without serving any
    useful purpose. The suit is therefore liable to be dismissed for want of
    prosecution and accordingly dismissed.
    Nature of Disposal 	: DISMISSED
    Disposal Date 	: 10-08-2023
    COURT 62 ADDL SESSIONS JUDGE
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