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SUIT - SHORT CAUSE CIVIL SUIT

Smt. Surekha Machindra ShikhreVsRanjana Pandurang Shikhre +7 more

CNR MHCC01003564201812-COURT 12 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 05th February 2021

TrustJury record updated 10 Sept 2026

Case Overview

Registration Number
101019/2018
Registration Date
07 Apr 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    9

    Acts & Sections

    1
    Bombay Tenancy and Agricultural Land (Vidarbha Region and Kutch Area) Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 02-05-2018
    Business: None present.
    Plaintiff to serve writ of summons upon Defendants.
    Adjourned to 17.09.2018 for Service.
    Next Purpose: SERVICE
    Next Hearing Date: 17-09-2018
    
    Date: 17-09-2018
    Reason For Adjournment: court time is over
    Next Purpose: SERVICE
    Next Hearing Date: 28-09-2018
    
    Date: 28-09-2018
    Business: Adv. For Plaintiff prayed for time to file documents.
    Matter adj. to 04/10/2018 for filing Documents/Order on Exhibit-5.
    Next Purpose: ORDER
    Next Hearing Date: 04-10-2018
    
    Date: 04-10-2018
    Business: Matter adj. to 20/12/2018 for service of Writ of Summons.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 20-12-2018
    
    Date: 20-12-2018
    Reason For Adjournment: court time is over
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 10-04-2019
    
    Date: 10-04-2019
    Business: Adjd
    Next Purpose: DISMISSAL
    Next Hearing Date: 29-07-2019
    
    Date: 29-07-2019
    Business: Adv. Bhavna Kunale for the Plaintiff present.
    Application for leave u/s 80 (2) tendered by the Plaintiff for seeking leave. t.o.r. It appears that the Plaintiff has filed the suit in the month of March 2018 against a public officer without issuing notice u/s 80 of CPC. At the time of filing of the suit, even the Plaintiff has not sought leave u/s 80 (2) of CPC. In such peculiar circumstances, after near about 1 year and 4 months today, the Plaintiff has filed this application for seeking leave u/s 80 (2)  of CPC. Basically suit against a public officer in respect of act purporting to be done by the public officer, without notice suit is not maintainable. Therefore, at this stage of the suit, this application is not maintainable. Hence, application is rejected.
     It appears that the suit is instituted by the Plaintiff against a public officer i.e Defendant nos. 5, 6 and 7 without issuing notice u/s 80 of CPC. Therefore suit is not maintainable against Defendant no. 5 to 7 for want of notice. Hence, suit is hereby dismissed against Defendant nos. 5 to 7 for want of notice u/s 80 of CPC.
    Matter is adjd. to 6.11.2019 for steps by the Plaintiff.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 06-11-2019
    
    Date: 06-11-2019
    Business: None present for the Plaintiff .
    None present for Defendant .
    Matter is adjd. to 18.12.2019 for steps by plaintiff.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 18-12-2019
    
    Date: 18-12-2019
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 23-03-2020
    
    Date: 23-03-2020
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 01-04-2020
    
    Date: 01-04-2020
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 16-04-2020
    
    Date: 16-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 05-05-2020
    
    Date: 05-05-2020
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 27-05-2020
    
    Date: 27-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 12-06-2020
    
    Date: 12-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 19-10-2020
    
    Date: 19-10-2020
    Business: Due to lockdown because of Covid-19, board is discharged and as per SOP only urgent matters are taken up.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 05-02-2021
    
    Date: 05-02-2021
    Business: None for plaintiff.
    The plff has not taken steps for service of summons since long. Today also, the plff has failed to take steps for service of summons. Hence, the suit is dismissed for default. Proceeding is closed.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 05-02-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 103905/2018
    Filing Date: 13-03-2018
    First Hearing Date: 02nd May 2018
    Decision Date: 05th February 2021
    Court Number And Judge: 12-COURT 12  ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1
    05 Feb 2021
    Order Details: Other
    Pdf Text: IN THE COURT OF :COURT 12 ADDL SESSIONS JUDGE
    Case No. :SUIT/0101019/2018
    Smt. Surekha Machindra Shikhre Vs 1.Ranjana Pandurang Shikhre 2.Navnath
    Pandurang Shikhre 3.Pramila Jagdish Sadabhate
    Date : 05-02-2021
    None for plaintiff. The plff has not taken steps for service of summons since long.
    Today also, the plff has failed to take steps for service of summons. Hence, the suit is
    dismissed for default. Proceeding is closed.
    -- 1 of 1 --
    Order 1
    05 Feb 2021
    Order Details: Other
    Pdf Text: IN THE COURT OF :COURT 12 ADDL SESSIONS JUDGE
    Case No. :SUIT/0101019/2018
    Smt. Surekha Machindra Shikhre Vs 1.Ranjana Pandurang Shikhre 2.Navnath
    Pandurang Shikhre 3.Pramila Jagdish Sadabhate
    Date : 05-02-2021
    None for plaintiff. The plff has not taken steps for service of summons since long.
    Today also, the plff has failed to take steps for service of summons. Hence, the suit is
    dismissed for default. Proceeding is closed.
    -- 1 of 1 --

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