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SUIT - SHORT CAUSE CIVIL SUIT

Smt. Sapna Umashankar Chaurasiya +1 moreVsMr. Jeevan Vikram Gaikwad +1 more

CNR MHCC01003857201962-COURT 62 AD-HOC ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 15th June 2023

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
100972/2019
Registration Date
08 Apr 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    4

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 2 · Order 39 · Rule 1

    Case History / Proceedings

    Case History
    Date: 29-04-2019
    Business: As holiday was declared on 29/04/2019, on account of Loksabha election, matter is taken on today\''s board and adjourned
    Next Purpose: DIRECTIONS
    Next Hearing Date: 27-08-2019
    
    Date: 27-08-2019
    Business: None present for Plaintiff.
    Advocate Indira for Defendant no.1 present and filed vakalatnama for Defendant no.1, t.o.r. She also filed Written Statement for Defendant no.1, t.o.r. O-Filed.
    Affidavit of service of writ of summons in respect of Defendant  no.1 is waived.  Plaintiff is directed to file affidavit of service of writ of summons in respect of Defendant no.2.
    Advocate Ms. Indira submitted that Defendant no.2 is not residing on the address shown by Plaintiff in plaint.  Defendant no.1 is present before the Court submitted that he does not address of Defendant no.2, hence, Plaintiff is directed to trace out correct address of Defendant no.2 and to serve writ of summons upon Defendant no.2 on such correct address.
    Case is adjourned to 17/10/2019 for compliance.
    L.O. at 1.00 p.m.
    Advocate Mr. V. R. Dubey for Plaintiff present and filed draft Notice of Motion with affidavit in support of Notice of Motion. Leave to register Notice of Motion is granted.  Plaintiff is directed to serve NM upon other side.  On request of advocate for Plaintiff, issue writ of summons for service upon Defendant no.2.
    Case is already adjourned to 17/10/2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-10-2019
    
    Date: 17-10-2019
    Business: Advocate Dubey for Plaintiff present and submitted that Defendant no.2 has not accepted the service of writ of summons even though Defendant no.2 is residing on the same address as like the address of Defendant no.1.  Plaintiff is directed to file affidavit of service of writ of summons.
    Advocate Preet Chavla for Defendant no.1 present and submitted that on next date she will file pursis for treating Written Statement of Defendant no.1 as reply to NM no.3372/19.
    Case is adjourned to 16/12/2019 for Compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 16-12-2019
    
    Date: 16-12-2019
    Business: None present for Plaintiff.
    Advocate Ms. Preet Chawda for deft no.1 filed pursis requesting to consider Written Statement of Defendant no.1 as reply to Notice of Motion, t.o.r.
    Court is busy in dictating Judgment in suit no.8136/86, hence case is adjourned to 11/03/2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-03-2020
    
    Date: 11-03-2020
    Business: Representative of Plaintiff Mr. Umashankar Chaurasia, submitted that Plaintiff\''s advocate had undertaken cataract operation hence unable to attend this court. Considering submissions adjourned.
    Advocate Ms. Indira for Defendant present
    Case is adjourned to 19/06/2020 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-06-2020
    
    Date: 19-06-2020
    Business: National Lock down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-08-2020
    
    Date: 19-06-2020
    Business: National Lock down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-08-2020
    
    Date: 17-08-2020
    Business: Adjourned due to Covid -19.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-10-2020
    
    Date: 15-10-2020
    Business: None present for plaintiff.
    None present for defendant.
    Due to Corona Pandemic it seems that parties are absent, hence case is adjd. To 16/01/2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-01-2021
    
    Date: 15-10-2020
    Business: None present for plaintiff.
    None present for defendant.
    Due to Corona Pandemic it seems that parties are absent, hence case is adjd. To 16/01/2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-01-2021
    
    Date: 16-01-2021
    Business: None present for plff.
    Adv Ms. Indira Labde for deft present.
    Advocate for the deft requested for short date.
    As nobody is presnt for the plff. , considering present pandemic condition matter is adjd. for NM hearing to 02.02.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-02-2021
    
    Date: 20-02-2021
    Business: None present for the plaintiff.
    Adv. Aditya Khare h/f. Indrayani Labdhe for defendant present.
    Plaintiff has not tendered registered NM number 3372 of 2019 till date hence, said NM be kept for dismissal order.
    Adjourned to 07.04.2021.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 07-04-2021
    
    Date: 07-04-2021
    Business: None present for both the parties.
    Considering the present Pandemic Condition, matter is adjourned at same stage to 29/06/2021.
    Judge
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 29-06-2021
    
    Date: 29-06-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 11-08-2021
    
    Date: 29-06-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 11-08-2021
    
    Date: 11-08-2021
    Business: None present for plff.
    Adv Ms. Indira Labde for deft Nos.1 present.
    Plff has not tendered registered NM No. 3372/2019 in the Court till date hence, said NM is dismissed in default as it appears that plff is not interested n prosecuting the said NM.
    Matter is adjd. for draft issues to 13.10.2021.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 13-10-2021
    
    Date: 13-10-2021
    Business: Adv Mr. Vijay Dubey present for plff.  and seeks time to serve the defts N.M.No.2060/2021.
    Adv Mr. Labde for deft No.1 present and submitted that deft No.1 has expired.
    By consent, matter is adjd. for steps and NM reply to 03.12.2021.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 03-12-2021
    
    Date: 03-12-2021
    Business: Plff No.2 Umashankar present in person.
    Deft No.2 Pawan present in person.
    Advocates for both parties absent.
    Plff No.2 seeks adjournment for taking steps as his advocate is absent.
    On request of the Plff No.2, matter is adjd. for steps to 18.02.022.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 18-02-2022
    
    Date: 18-02-2022
    Business: None present for both parties hence, matter is adjd. for order.
    Matter is adjd. for order to 19.03.2022.
    Next Purpose: ORDER
    Next Hearing Date: 19-03-2022
    
    Date: 19-03-2022
    Business: None present for both parties.
    Plff has not tendered registered NM No.2060/2021 in Court till date hence, said NM be kept for dismissal order.
    Matter is adjd. for NM dismissal order to 27.06.022.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 27-06-2022
    
    Date: 27-06-2022
    Business: None present.
    As Court is busy in final argument in SU 4904/2008, hence, matter is adjourned.
    Matter adjd to 29.07.2022 for NM dismissal.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 29-07-2022
    
    Date: 29-07-2022
    Business: None present.
    plaintiff inspite of sufficient opportunity  has not tendered register NM 2060/2021 hence said NM is Dismissed for default.
    Matter adjd to 12.10.2022 for issues.
    Judge
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 12-10-2022
    
    Date: 12-10-2022
    Business: None present for both sides.
    KB
    LO at 05.50 pm
    None present for both sides.
    Due to paucity of time matter adjd to 10.01.2023 for framing of issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 10-01-2023
    
    Date: 10-01-2023
    Business: None present for both sides.
    Issues are framed at Exh.5.
    Considering the nature of dispute, suit is referred to lok-adalat.
    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.
    Plaintiff to note that issues are framed on 10.01.2023. No evidence is adduced. Case is referred to lok-adalat. Issue notice to both parties.
    Matter adjd to 30.04.2023 for lok-adalat.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 30-04-2023
    
    Date: 30-04-2023
    Business: NATIONAL LOK-ADALAT HELD ON 30/04/2023 (Panel-II)
    Matter pertaining to C.R. No.62.
    Both parties are absent.
    K.B.
    L.O.   at 12.40 p.m.
    None for plaintiff.
    Defendant no.2 is present.
    Matter is adjd. to  15/06/2023.
    Next Purpose: HEARING
    Next Hearing Date: 15-06-2023
    
    Date: 15-06-2023
    Business: None appeared from the plaintiffs and defendants. From the perusal of the record it appears that do the issues have been framed on 10-01-2023 vide Exh. 5, the plaintiffs have not filed the list of witnesses they intends to examine nor filed affidavit in lieu of examination in cheif. They are not attending nor taking steps in the matter. The plaintiffs have thus seen to have lost their interest in prosecuting suit against the defendants. I thus see no justification to keep the suit pending any more, but to dismiss the suit for want of prosecution. The suit stands accordingly dismissed in defalut.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 15-06-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 104194/2019
    Filing Date: 05-04-2019
    First Hearing Date: 29th April 2019
    Decision Date: 15th June 2023
    Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    15 Jun 2023
    Order Details: Other
    Pdf Text: 30/06/2023, 16:04 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/0100972/2019
    Smt. Sapna Umashankar Chaurasiya Vs Mr. Jeevan Vikram Gaikwad
    Date : 15-06-2023
    Business 	: None appeared from the plaintiffs and defendants. From the perusal of the
    record it appears that do the issues have been framed on 10-01-2023 vide Exh.
    5, the plaintiffs have not filed the list of witnesses they intends to examine nor
    filed affidavit in lieu of examination in cheif. They are not attending nor taking
    steps in the matter. The plaintiffs have thus seen to have lost their interest in
    prosecuting suit against the defendants. I thus see no justification to keep the
    suit pending any more, but to dismiss the suit for want of prosecution. The suit
    stands accordingly dismissed in defalut.
    Nature of Disposal 	: DISMISSED IN DEFAULT
    Disposal Date 	: 15-06-2023
    COURT 62 ADDL SESSIONS JUDGE
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