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SUIT - SHORT CAUSE CIVIL SUIT

Mr. Vishwanath Anant PatilVsDeputy Collector and Competent Authority +3 more

CNR MHCC0100402720199-COURT 09 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 10th November 2023

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
102051/2019
Registration Date
15 Jul 2019

Advocates

2

For Petitioner

For Respondent

Parties

5

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec 9

Case History / Proceedings

Case History
Date: 05-08-2019
Business: None present  for the Plaintiff.
Issue writ of summons to the Defendant on payment of process fee through bailiff of sheriff office.
Matter is adjd. to 11.09.2019 for proof of service of writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 11-09-2019

Date: 11-09-2019
Business: None present  for the Plaintiff.
Adv. Trivedi for SRA/Defendant-3 and 4 present.
Adv. Mr. Sachin Kadam for State/deft present.
The Plaintiff has failed to file proof of service of request letter to Defendant nos. 1 and 2
Matter is adjd. to 9.12.2019 for steps by the Plaintiff in respect of Defendant nos. 1 and 2/ WS by Defendant nos. 3 and 4.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 09-12-2019

Date: 09-12-2019
Business: Plaintiff is present.
Adv. Mohan Ghadigavkar  for Plaintiff is present. He tendered affidavit of service.
Adv. Sachin Kadam for defendant no 1 and 2 is present.
Adv. Trivedi for defendant no. 3 and 4 is present.
Defendant no. 1 to 4 failed to filed WS. Therefore No WS order is passed against defendant no. 1 to 4.
Matter is adjourned for Evidence  to 06/02/2020.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-02-2020

Date: 06-02-2020
Business: Plaintiff is present.  His advocate is absent.
Adv. Mr. Sachin Kadam for defendant no.1 and 2 is present.
Matter is adjd.  for evidence without w/s to . 23/03/2020.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-03-2020

Date: 23-03-2020
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-04-2020

Date: 01-04-2020
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-04-2020

Date: 16-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-05-2020

Date: 05-05-2020
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-05-2020

Date: 27-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-06-2020

Date: 12-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-09-2020

Date: 21-09-2020
Business: Due to Lockdown because of Covid-19, board is discharged and
as per SOP only urgent matters are taken up.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-01-2021

Date: 15-01-2021
Business: Plaintiff present. His advocate absent.
Adv. Mr. Trivedi for the defendant no.3 and 4.
Matter is adjd. to 05/04/2021 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-04-2021

Date: 05-04-2021
Business: Due to SOP only urgent matter  are taken up. Hence, the Board is
discharged.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-07-2021

Date: 05-07-2021
Business: due to covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-08-2021

Date: 24-08-2021
Business: court is on leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-09-2021

Date: 29-09-2021
Business: Plaintiff present.
Advocate of plaintiff absent.
Adv. Mr. Kadam for defendants No.1 and 2 present.
Adv. Mr. Trivedi for defendants No.3 and 4 present.
Plaint
Vakalatnama
Memorandum of address in plaint.
List of documents in plaint.
Plaintiff filed examination in chief. It is t.o.r.
Plaintiff filed list of documents. It is t.o.r.
Matter is adjd. to 16/11/2021 for admission and denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 16-11-2021

Date: 16-11-2021
Business: Plaintiff present. His advocate is absent.
Adv. Mr. Trivedi for defendant No.3 and 4 present and seeks time for filing reply.
Matter is adjd. to 07/02/2022 for admission and denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 07-02-2022

Date: 07-02-2022
Business: As per Office Order No.27 of 2022  dtd.06/02/2022 due to mourn the sad demise of Veteran Singer Bharat Ratna Lata Mangeshkar and High Court, Bombay, vide letter dtd. 06/02/2022 bearing No. RG/1611/09/2022 has declared Holiday on Monday i.e. 07/02/2022. therefore, matter is adjourned on next date.
Matter is adjd. to 28.03.2022 for Admission Denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 28-03-2022

Date: 28-03-2022
Business: Plaintiff in person present and submits that his advocate is not available today. Matter is adjourned on his oral request.
Adv. Kapase for defendant no. 1 and 2 present.
Adv. Trivedi for SRA present.
Matter is adjd. to 27-06-2022 for admission denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 27-06-2022

Date: 27-06-2022
Business: court is on leave
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 08-08-2022

Date: 08-08-2022
Business: court is on leave
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 26-09-2022

Date: 26-09-2022
Business: court is on leave
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 18-10-2022

Date: 18-10-2022
Business: Plaintiff in person present and filed application marked as Exh.7 alongwith letter issued to advocate for permitting him to appearing person. He is plaintiff in this proceeding he can proceed in person as of right. Permission granted. The VP of Adv. Mr. Mohan K. Ghadigaonkar is hereby cancelled.
Adv. Pratik Korgaonkar h/f Adv. Sachin Kadam for State/Deft. Nos. 1 and 2 present.
Adv. Trivedi for deft no.3 and 4/SRA present.
Matter is adjd. to 13.12.2022 for marking documents.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 13-12-2022

Date: 13-12-2022
Business: As Court is busy in hearing argument in Supreme Court Time Bond matter i.e Suit No. 1404/2017 and recording evidence in Suit No. 2576/2019.. Hence, board is discharged.
Matter is adjourned to 30.01.2023 for Admission Denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 30-01-2023

Date: 30-01-2023
Business: As Court is busy in hearing Arguments in Supreme Court Time bound matter i.e. Suit no. 1404/2017, dictating Judgment in Suit No. 639/2015. Hence, Board is discharged.
Matter is adjourned to 14.02.2023 for Admission Denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 14-02-2023

Date: 14-02-2023
Business: Plaintiff is present.
Adv. Mr. Trivedi for Defendant Nos.3 and 4/SRA present
Matter is adjourned to 27.02.2023 for Admission Denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 27-02-2023

Date: 27-02-2023
Business: Plaintiff in person present.
Adv.Trivedi for defendant Nos.3 and 4 present.
Adv.Sachin Kadam for defendant Nos.1 and 2 is present and filed say on admission denial.
The plaintiff filed affidavit of evidence and content of the document and original document as well as certified the document hence, it is marked as under.
Gumasta License. It is marked at Exh. 08
Copy of Order passed by the Industrial Court. It is marked at Exh.9.
Report. It is marked at Exh. 10
Copy of Annexure II and letter dtd. 12.04.2018. It is marked at Exh. 11.
Letter dtd. 27.02.2012. It is marked at Exh. 12.
City Survey Officer Letter. It is marked at Exh. 13.
Copy of affidavit dtd. 16.03.20215. It is marked at Exh. 14.
Copy of Letter dtd. 20.04.2012. It is marked at Exh. 15.
Copy of Letter dtd. 19.03.2012. It is marked at Exh. 16.
Copy of Letter dtd. 19.10.2018 since 2011 to 26.07.2018. It is marked at Exh. 17.
Copy of letter dtd. 19.01.2017. It is marked at Exh. 18.
Cop of letter dtd. 11.08.2014. It is marked at Exh. 19.
Letter dtd. 20.04.2012. It is marked at Exh. 20
Letter dtd. 20.05.2016. It is marked at Exh. 21.
Copy of letter dtd. 19.10.2018. It is marked at Exh. 22. Colly.
Matter is adjourned to 21.03.2023 for Cross examination.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-03-2023

Date: 21-03-2023

Date: 02-05-2023
Business: court is on leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-07-2023

Date: 04-07-2023
Business: The plaintiff is present.
Adv. Mr. Sachin Kadam for defendant Nos. 1 and 2 is present.
Adv. Mr. Trivedi for defendant Nos. 3 and 4 /SRA is present.
Plaintiff has closed his evidence by filing evidence closed pursis on last date. It is submitted by ld. advocates for defendants that no WS is filed by defendant Nos. 1 to 4 and they are not leading evidence. Hence, matter is adjourned for arguments.
Adjourned for final arguments to 24.07.2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 24-07-2023

Date: 24-07-2023
Business: The plaintiff is present.
Adv. Mr. Trivedi for defendant Nos. 3 and 4/SRA is present.
The plaintiff in person filed the application for adjournment to engage advocate and to lead evidence. TOR. It is marked at Exh. 24 O- It appears from roznama that already evidence of plaintiff as well as defendant is closed and matter is posted for final arguments. However, plaintiff submits that he wants to engage advocate. Considering the grounds, adjournment granted.
Matter is adjourned to final arguments for 05.09.2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 05-09-2023

Date: 05-09-2023
Business: The plaintiff is present in person.
Adv. Mr. Sachin Kadam for defendant Nos.1 and 2 /State is present.
Adv. Mr. Trivedi for defendant Nos. 3 and 4/SRA is present.
Plaintiff in person filed his written arguments. TOR. It is marked at Exh. 25. O-R&R. Copy is supplied to other side.
Matter is adjourned to 09.10.2023 for arguments by defendant.
Next Purpose: ARGUMENTS
Next Hearing Date: 09-10-2023

Date: 09-10-2023
Business: Court is on leave today.
Next Purpose: ARGUMENTS
Next Hearing Date: 17-10-2023

Date: 17-10-2023
Business: Plaintiff is present in person.
Adv. Mr. Sachin Kadam for defendant Nos.1 and 2/State is present.
Adv. Mr. Trivedi for defendant Nos.3 and 4 /SRA is present.
Partly heard arguments of both the sides on merits of the suit.
Matter is adjourned to 30.10.2023 for further arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 30-10-2023

Date: 30-10-2023
Business: Plaintiff in person present.
Adv. Mr. Sachin Kadam for defendant No.1 /State is present.
Heard further arguments.
Matter is adjourned to 07-11-2023 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 07-11-2023

Date: 07-11-2023
Business: Plaintiff in person present.
Adv.Siddharth h/f Adv.Sachin Kadam for defendant no.1/State is present.
Adv. Mr. Trivedi for defendant No.3 /SRA is present.
Adjourned for Judgment to 10.11.2023.
Next Purpose: JUDGMENT
Next Hearing Date: 10-11-2023

Date: 10-11-2023
Business: The plaintiff is present.
Adv. Mr. Sachin Kadam for defendant Nos. 1 and 2 /State is present.
Adv. Mr. Trivedi for defendant Nos.3 and 4/SRA is present.
The judgment dictated and pronounced in open Court. The judgment is marked at Exhibit 26.
F.R.S.R. the following Order is passed in Suit No. 2051/2019:
- O R D E R -
1.	Suit No.2051 of 2019 is hereby dismissed with costs.
2.  	Decree be drawn-up accordingly.
3. 	The original documents, if any be returned to the plaintiff  after the appeal period is over.
4.	Suit No.2051 of 2019 stands disposed of accordingly.
Nature Of Disposal: DISMISSED
Disposal Date: 10-11-2023

Additional Case Details

Additional Case Details
Filing Number: 104210/2019
Filing Date: 05-04-2019
First Hearing Date: 05th August 2019
Decision Date: 10th November 2023
Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE

Orders

1
Final Order 1Full order available
10 Nov 2023

Order Details: Copy of Judgment Pdf Text: 1 MHCC010040272019 Lodged on : 05.04.2019 Registered on : 15.07.2019 Decided on : 10.11.2023 Duration : 04Y 07M 05D EXHIBIT-26 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY SUIT NO. 2051 OF 2019 MR. VISHWANATH ANANT PATIL ] Age 55 years, Occupation: Business ] Residing at Room No.712, Janata ] Colony, Veer Nariman Bhat Road, ] Young Star, Mitra Mandal, Worli, ] Mumbai-400 030. ].. Plaintiff. V/s. 1. DEPUTY COLLECTOR (ENC/DEM)] AND COMPETENT…

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