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SUIT - SHORT CAUSE CIVIL SUIT

Mrs. Sarah Johon Aston +3 moreVsMCGM +2 more

CNR MHCC01003961201911-COURT 11 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 03rd January 2023

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
101278/2019
Registration Date
03 Jun 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    7

    Acts & Sections

    1
    Hindu Marriage Act · Sec 39 and 37

    Case History / Proceedings

    Case History
    Date: 29-07-2019
    Business: Court is on leave. Hence today board is discharged
    Next Purpose: DIRECTIONS
    Next Hearing Date: 23-09-2019
    
    Date: 23-09-2019
    Business: None for plaintiff.
    Advocate Giri for defendant/MCGM present.
    The case is adjourned to 04.12.2019 for directions.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 04-12-2019
    
    Date: 04-12-2019
    Business: None for plaintiff present.
    Adv. Mr. Giri for deft./MCGM present.
    Issue writ of summons.
    Matter is adjd. for writ of summons on 18.01.2020.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 18-01-2020
    
    Date: 18-01-2020
    Business: None for plaintiff., no steps for writ of summons.
    Adv. Mrs. Mhatre for deft./MCGM present.
    Matter is adjd. for writ of summons on 07.03.2020.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 07-03-2020
    
    Date: 07-03-2020
    Business: Adv.Mrs.Pratibha Redkar h/f adv.Sagar Batwia for plaintiff present.
    Adv. Mrs. Tondwalkar for deft./MCGM present.
    Plff to take steps for service of summons.
    Matter is adjd. for writ of summons on 04.04.2020.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 04-04-2020
    
    Date: 04-04-2020
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 27-04-2020
    
    Date: 27-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 18-05-2020
    
    Date: 18-05-2020
    Business: National Lockdown
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 05-06-2020
    
    Date: 05-06-2020
    Business: National Lokdown
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 23-06-2020
    
    Date: 23-06-2020
    Business: Adjd. to
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 22-07-2020
    
    Date: 22-07-2020
    Business: Due to Covid-19
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 28-09-2020
    
    Date: 28-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 03-11-2020
    
    Date: 03-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 14-01-2021
    
    Date: 14-01-2021
    Business: None present for plaintiff.
    Adv. Tondwalkar h/f Adv. Mhatre for deft./MCGM present.
    Matter is adjd. to 08/03/2021 for Writ of Summons.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 08-03-2021
    
    Date: 08-03-2021
    Business: None present for plaintiff.
    Adv. Ms. Mhatre for deft./MCGM present.
    None present for defendant no. 2 and 3.
    plaintiff is directed to serve writ of summons to defendants. Last chance is given to the plaintiff to comply the service of writ of summons.
    Matter is adjourned for writ of summons to 22.06.21.
                                                                                   Judge
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 22-06-2021
    
    Date: 22-06-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 24-08-2021
    
    Date: 24-08-2021
    Business: Court is Vacant. Matter adj. to next date
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 14-10-2021
    
    Date: 14-10-2021
    Business: Court is Vacant. Matter is adj.to next date
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 07-12-2021
    
    Date: 07-12-2021
    Business: Court is on leave. Matter is adj. to next date.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 01-02-2022
    
    Date: 01-02-2022
    Business: None for the plaintiff is present.
    Adv. Mrs. J.V.Mhatre for defendant/MCGM is present.
    In view of office order no. 07/2022 dated 07.01.2022 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06.01.2022 of Hon\''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s.
    Adjourned for Writ of summons to 31.03.2022.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 31-03-2022
    
    Date: 31-03-2022
    Business: None present for plaintiff.
    Adv. Mr. Khandagale h/f Adv. Mhatre for defendant/MCGM is present.
    The plaintiff is directed to ensure due service of summons in the Rule 51-A and 53 of the Bomaby City Civil Court Rules, 1948, r/w. Sec. 27 of the C.P.C., 1908. In default, the suit would stand dismissed.
    Adjourned for compliance/writ of summons to 26.07.2022.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 26-07-2022
    
    Date: 26-07-2022
    Business: Adv. Batavia is present for the plaintiff and orally requested for time for compliance. Granted as a last chance.
    Adv. Ms. J.V. Mhatre for defendant/MCGM is present.
    Matter adjourned for compliance to 17.09.2022.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 17-09-2022
    
    Date: 17-09-2022
    Business: None present for the plaintiff to proceed with the matter.
    Adv. J.V. Mhatre for defendant/MCGM is present.
    Adjourned for dismissal Order to 10.11.2022.
    Next Purpose: DISMISSAL
    Next Hearing Date: 10-11-2022
    
    Date: 10-11-2022
    Business: None present for the plaintiff to proceed with the matter.
    Adv. Ms. J.V. Mhatre for defendant No. 1/MCGM is present.
    Rest of the defendants are absent.
    Adjourned for dismissal Order to 03.01.2023.
    Next Purpose: DISMISSAL
    Next Hearing Date: 03-01-2023
    
    Date: 03-01-2023
    Business: None present for the plaintiffs to proceed with the matter. The matter is KB.
    Adv. Mrs. J.V. Mhatre h/f Adv. Khandagale for defendant/MCGM is present.
    KB LO at 01:35 pm.
    Order below exhibit No. 01:
         Even today, the plaintiffs are absent to proceed with the matter. Though the matter is filed in the year of 2019, till date the plaintiffs are absent to ensure due service of the suit summons on the defendants, even after specific direction. It seems that they are absent since last considerable time for no reasons. No Order, staying this proceeding, is brought to notice of this Court. It is, thus, clear that the plaintiffs lost their interest in the matter. Hence, the suit stands dismissed Under Order IX, Rules 2 and 5 of the CPC, 1908. All the pending applications are filed. They are called upon to bear the costs of suit. Bill of costs be drawn-up accordingly. The proceeding is closed.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 03-01-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 104261/2019
    Filing Date: 08-04-2019
    First Hearing Date: 29th July 2019
    Decision Date: 03rd January 2023
    Court Number And Judge: 11-COURT 11  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    03 Jan 2023
    Order Details: Other
    Pdf Text: 03.01.2023
    Sr. No. 17
    CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11)
    SU 1278/19 None present for the plaintiffs to proceed with the matter. The
    matter is KB.
    Adv. Mrs. J.V. Mhatre h/f Adv. Khandagale for defendant/MCGM is
    present.
    KB LO at 01:35 pm.
    Order below exhibit No. 01:
    Even today, the plaintiffs are absent to proceed with the matter.
    Though the matter is filed in the year of 2019, till date the plaintiffs
    are absent to ensure due service of the suit summons on the
    defendants, even after specific direction. It seems that they are
    absent since last considerable time for no reasons. No Order,
    staying this proceeding, is brought to notice of this Court. It is,
    thus, clear that the plaintiffs lost their interest in the matter. Hence,
    the suit stands dismissed Under Order IX, Rules 2 and 5 of the CPC,
    1908. All the pending applications are filed. They are called upon
    to bear the costs of suit. Bill of costs be drawnup accordingly. The
    proceeding is closed.
    Judge
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