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SUIT - SHORT CAUSE CIVIL SUIT

Smt. Saraswati Mulesh SinghadiyaVs1 Mr Mukesh Mohanlal Singhadiya 2 Mr Mohanlal Pusharam Singhadiya 3 Mr Babulal Pusharma Singhadiya +5 more

CNR MHCC01004400201859-Court 59 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 10th June 2024

TrustJury record updated 11 Sept 2026

Case Overview

Registration Number
101845/2019
Registration Date
24 Apr 2018

Advocates

1

For Respondent

    Not available

    Parties

    7

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 19

    Case History / Proceedings

    Case History
    Date: 12-06-2018
    Business: Adv. Ms. Snehlalata Datar Present for the Plff.
    Adv. Pravin Gavale Present for the Deft.no.3.
    Ld counsel for the Plff filed affidavit of the Service upon writ of summons. t.o.r.
    As per service affidavit Deft no. 3 and 7 are served and the RPAD Envelop return back of rest of the Deft as Left. Hence not proper service. Plff to take steps for service of writ of summons upon Deft no. 1,2,4,5,6 and 8.
    Ld counsel for the Deft no.3 Adv. Pravin Gavale tendered VP. t.o.r. and also undertake to file VP Deft no.7. and  sough time for filing written statement for Deft no. 3 and 7.
    Adj. For WS for Deft no. 3 and 7 and Steps against rest of the Deft on 13/07/2018.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 13-07-2018
    
    Date: 13-07-2018
    Business: Adv. Snehalata Datar Present for the Plff.
    Adv. Praveen Gavale Present for the Deft. no. 3 and 7.
    Deft no.3 inperson Present.
    Adv. Praveen Gavale Filed VP for Deft. no. 3 and 7. t.o.r.
    Ld counsel for the Deft filed WS of Deft no. 3 and 7. . t.o.r. copy supplied to Ld counsel for the Plff.
    Ld counsel for the Plff sought time for taking steps of deft no. 1,2,4,5,6,8.
    Adj. For Steps on 11/09/2018.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 11-09-2018
    
    Date: 11-09-2018
    Business: Adv. Sehalata Datar Present for the Plff.
    Plff inperson Present.
    Adv. Praveen Gavale Present for the Deft.no. 3 and 7. Already filed WS.
    Ld counsel for the plff filed application for fresh writ of summons against deft no. 1,2,4,6 and 8.
    Order-Heard due to reason shown plff granted permission for of writ of summons a fresh upon deft no. 1,2,4 to 6 and 8.
    Adj. For Service affidavit on 11/01/2019.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 11-01-2019
    
    Date: 11-01-2019
    Business: Adv. Snehalata Datar Present for the Plff.
    Adv. Praveen Gavale Present for the Deft. no. 3 and 7.
    Deft no.3 inperson Present already filed WS.
    Plff inperson Present.
    Ld counsel for the Plff filed affidavit of service of writ of summons .t.o.r.
    as per service affidavit deft no.3 and 7 there served. However deft no. 1,2,4,5,6 and 8 are not served properly even though the writ of summons pasted on the conspicuous part of the out of door of the premises as mentioned in the plaint as per the Bailiff report but it was reported that, they are living at Katmor Village at Rajsthan State. therefore service of writ of summons is not proper. Hence plff to take steps for writ of summons upon deft no. 1,2,3,5,6 and 8.
    Adj. For Steps on 04/03/2019.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 04-03-2019
    
    Date: 04-03-2019
    Business: HHJ is On Mediation Training
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 24-04-2019
    
    Date: 24-04-2019
    Business: Adv. Ms. Shabnam Shaikh Present for the Plff.
    Plff inperson present.
    Adv. Pravin Gavale Present for the Deft. no. 3 and 7.
    Ld counsel for the plff filed registered CS 247/19 along with affidavit.
    Ld counsel for the plff filed original writ of summons. t.o.r.
    Ld counsel for the plff filed service affidavit. t.o.r.
    As per service affidavit deft no.1,2,4,5,6,8 served by way of paper publication in daily news paper Pali Marwad Patrika, Rajsthan Patrika Dt.31/03/2019. When called deft no.8 absent. Hence suit proceeded ex-parte against deft no.8.
    Ld counsel Adv. Pravin Gavale undertake to file VP for Deft no. ,1,2,4,5,6, on next date and sought time to file WS. Hence time extended for file WS.
    Adj. for VP and WS on 01/07/2019.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 01-07-2019
    
    Date: 01-07-2019
    Business: Plaintiff (In-person) present.
    Adv. Pravin Gawale for D-1 to 7 present.
    Exh.10 VP filed by Adv. Pravin Gawale for D-1,2, 4 to 6. TOR.
    Exh.11 WS of D-1,2, 4 to 6 filed by Adv. of defendant.
    Matter adjd for draft issue on 23/08/2019.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 23-08-2019
    
    Date: 23-08-2019
    Business: Plaintiff (In-person) present.
    Exh.12 VP filed by Adv. Tanmay Kelkar I/b Sahil Mahajan for plaintiff. TOR.
    Adv. Pravin Gawale for D-1 to 7 present.
    Suit proceeded exparte against D-8.
    Matter adjd for draft issue on 18/10/2019.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 18-10-2019
    
    Date: 18-10-2019
    Business: Plaintiff (In-person) present.
    Adv. Trupti for plaintiff present.
    Adv. Pravin Gawale for D-1 to 7 present.
    Suit proceeded exparte against D-8.
    Ld. counsel for D-1 to 7 filed draft NM a/w affidavit. TOR.
    ORDER Heard. Leave granted. NM be registered. Copy is given to plaintiff (In-person).
    Matter adjd for filing registered NM and reply by plaintiff on 10/12/2019.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 10-12-2019
    
    Date: 10-12-2019
    Business: HHJ IS ON TRANING AT UTTAN
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-01-2020
    
    Date: 17-01-2020
    Business: None present.
    Kb.
    Later on at 4.24 pm.
    Plaintiff is present.
    Adv. for plff absent.
    Adv. Pravin Gavle for deft no.1 to 7 present.
    Deft no. 3 is present.
    Adv. for deft no.3 tendered registered Original NM No.3923/19 alongwith affidavit. t.o.r.
    Plaintiff in-person tendered affidavit of reply to the NM. 3923/19. t.o.r. O-read and recorded. Copy of reply is provided to the Adv. for deft no. 3 in the court today.
    Matter adjd for NM hearing on 18/02/2020 at 02.45 pm.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-02-2020
    
    Date: 18-02-2020
    Business: Adv. Sameer Sawant for plaintiff present.
    Adv. Pravin Gavle for defendant Nos. 1 to 7 present.
    Ex.13   Ld Adv for plaintiff filed V/N t.o.r. O- Seen and filed.
    Ld Adv for defendant seeks time to argue NM. Time granted till next date.
    Matter adjd for NM hearing to 19-03-2020 at 2.45 pm.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-03-2020
    
    Date: 19-03-2020
    Business: Adv. Pravin Garle  for defendant present.
    As per office order No. 66 of 2020 dated 16 March, 2020, the Hon\''ble Principal Judge, is pleased to direct to take up only urgent matters in view of declaration of Novel Coronavirus (COVID-19) as global pandemic by World Health Organisation, in view of Hon\''ble High Court, Bombay notification and advisory dated 14 March, 2020 and Hon\''ble High Court of Bombay circular (Annexture -A) dated 16 March, 2020.
    Matter adjd for NM Hearing on 04/04/2020 at 02.45 pm.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-04-2020
    
    Date: 04-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-04-2020
    
    Date: 27-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-06-2020
    
    Date: 05-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-06-2020
    
    Date: 23-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-08-2020
    
    Date: 14-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-10-2020
    
    Date: 09-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-12-2020
    
    Date: 02-12-2020
    Business: None present.
    Today matter is for NM Hearing.
    The Hon\''ble High Court directed as per clause 4 of SOP                  dt. 27/11/2020 under the title of Judicial and Administrative work not to pass any adverse order owing to the absence of the advocates, parties, witnesses or accused persons.
    Matter adjd for NM Hearing on 22/01/2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-01-2021
    
    Date: 22-01-2021
    Business: Adv. Sameer Sawant for plaintiff present.
    Adjd for NM hearing to 01/04/2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-04-2021
    
    Date: 01-04-2021
    Business: Court is vacant
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-07-2021
    
    Date: 14-07-2021
    Business: Due to COVID-19 mater adj. to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-10-2021
    
    Date: 13-10-2021
    Business: Court is vacant
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-11-2021
    
    Date: 15-11-2021
    Business: Court is Vacant.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-01-2022
    
    Date: 17-01-2022
    Business: Court is Vacant.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-03-2022
    
    Date: 21-03-2022
    Business: AS PO IS ON TRAINING HENCE MATTER ADJD TO
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-07-2022
    
    Date: 08-07-2022
    Business: Matter called out at 3.02 pm
    Adv Raudra Singh for plff present
    Adv  for Defendant No.1 to 7 present
    By Consent adjd
    Matter is adjd on 16.09.2022 for NM Hrg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-09-2022
    
    Date: 16-09-2022
    Business: Matter called out at 3.17 pm
    Adv Ravindra Singh for plff present and undertakes to file Vakalatnama on behalf of plff on next date.
    Adv Mahmood I/b Pravin Govle for defendant
    Matter is adjd on 25.11.2022 for NM Hrg
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-11-2022
    
    Date: 25-11-2022
    Business: Matter called out at 3.12 pm
    Adv Suresh Barne for plff present
    Adv Pravin Gavle for defendant Nos. 1 to 7 present
    Adv for plff tendered Vakalatnama a/w NOC of previous adv t.o.r marked as Exh 14
    Adv for defendants submits that he wants to withdraw Notice of Motion No. 3923/2019 with liberty to file appropriate proceedings on the issue of jurisdiction.
    Heard both sides.  The Notice of Motion was filed under Section 9A of CPC which is now deleted.  Therefore, defendant No.3 is allowed to withdraw the Notice of Motion with liberty to take out appropriate proceeding on the issue of jurisdiction.  The Notice of Motion No. 3923/2019 stands disposed off as withdrawn.
    Matter is adjd on 11.01.2023 for Draft issues
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 11-01-2023
    
    Date: 11-01-2023
    Business: Matter called out at 12.52 pm
    None for plff
    Adv Y.S.Singh for defendant Nos. 1 to 7 present and submits that settlement talks are going on between the parties.
    Matter is adjd on 05.04.2023 for Draft issues
    Reason For Adjournment: court time is over
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 05-04-2023
    
    Date: 05-04-2023
    Business: Adv. Ravindra Singh for plaintiff present.
    Adv.Pravin Gavle for defendants present and tendered draft Nm under Order 7 Rule 11(d) of CPC along with supporting affidavit. Adv. For plaintiff objects to grant leave to register. Heard both sides. In view of liberty given to defendants vide order dtd. 25/11/2022 O- Leave is granted to register the Nm.
    Copy served upon Adv. for plaintiff.
    Matter is adjd on 22-06-2023 for Nm reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 22-06-2023
    
    Date: 22-06-2023
    Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    None present for plaintiff.
    Adv. Mr. Pravin Gavle for defendant no. 1 to 7 present.
    He filed on record register N\\M.no. 1787/23. He submits that the plaintiff is served with same.
    Plaintiff failed to reply to N/M no. 1787/23 hence, if plaintiff fails to reply on next date the Notice of Motion will be proceeded without his reply.
    Matter is adj to 3.8.2023 for N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 03-08-2023
    
    Date: 03-08-2023
    Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    As court is busy in final argument in Sessions Case and dictating order in other matters, parties are directed to mark their appearance, file necessary application with Sheristedar.  Hence, no effective hearing is taken place.  Accordingly matter adjourned.
    Adv.Pravin Gavle for defendant Nos.1 to 5 present.
    Matter is adj to 16/10/2023 for reply on N/M.
    Parties to take note that the lok-adalat is likely to be held on 09/09/2023, hence either party may submit prior to that the matter be kept in lok-adalat if there is possibility of settlement.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-10-2023
    
    Date: 16-10-2023
    Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    Plaintiff present, her advocate absent.
    Adv. for defendant present.
    kept back.
    Later on at 3.32pm
    Plaintiff present.
    Adv.Ravindra Singh for plaintiff present.  He seeks time to file reply on N/M.
    Adv.Pravin Gavle for defendants present.
    Considering submission of the both the sides very last chance is granted to the plaintiff.
    Matter is adj to 29/01/2024 for reply on N/M.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 29-01-2024
    
    Date: 29-01-2024
    Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    None for plaintiff.
    Adv.Y.S.Singh i/b Adv.Pravin Gavle for defendant present.
    Matter is adj to 14/03/2024 for reply on N/M.
    Later on
    Adv.Ravindra Singh for plaintiff present.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 14-03-2024
    
    Date: 14-03-2024
    Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    None present.
    Matter is adj to 05-07-2024 for NM Reply Rejoinder.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 10-06-2024
    
    Date: 10-06-2024
    Business: CORAM - H.H.J. SMT. A. V. KASTURE -(C.R.NO.59)
    Not on board taken on board matter moved by precipe Adv.Ravindra Singh for plaintiff (Exh-15).
    Kept back.
    Matter called out at 5.04pm
    Adv.Ravindra Singh for plaintiff present.
    Adv.Pravin Gavale for defendant Nos.1 to 7 present.
    Both parties filed withdrawal pursis of the suit marked as Exh-16.   Order-Filed.
    ORDER
    1. Suit No.1845 of 2019 and Notice of Motion No.1787 of 2023 is disposed of as withdrawn in view of pursis Exhibit-16.
    2. Court fees be refunded as per the rules.
    Nature Of Disposal: WITHDRAWL
    Disposal Date: 10-06-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 104795/2018
    Filing Date: 03-04-2018
    First Hearing Date: 12th June 2018
    Decision Date: 10th June 2024
    Court Number And Judge: 59-Court 59 ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1
    10 Jun 2024
    Order Details: Other
    Pdf Text: NOB TOB
    10/06/2024
    SUIT 1845/19
    NM 1787/23
    Exh-15
    Exh-16
    CORAM - H.H.J. SMT. A. V. KASTURE -(C.R.NO.59)
    Not on board taken on board matter moved by precipe
    Adv.Ravindra Singh for plaintiff (Exh-15).
    Kept back.
    Matter called out at 5.04pm
    Adv.Ravindra Singh for plaintiff present.
    Adv.Pravin Gavale for defendant Nos.1 to 7 present.
    Both parties filed withdrawal pursis of the suit marked as Exh-16.
    Order-Filed.
    ORDER
    1. Suit No.1845 of 2019 and Notice of Motion No.1787 of 2023 is
    disposed of as withdrawn in view of pursis Exhibit-16.
    2. Court fees be refunded as per the rules.
    Judge
    -- 1 of 1 --
    Order 1
    10 Jun 2024
    Order Details: Other
    Pdf Text: NOB TOB
    10/06/2024
    SUIT 1845/19
    NM 1787/23
    Exh-15
    Exh-16
    CORAM - H.H.J. SMT. A. V. KASTURE -(C.R.NO.59)
    Not on board taken on board matter moved by precipe
    Adv.Ravindra Singh for plaintiff (Exh-15).
    Kept back.
    Matter called out at 5.04pm
    Adv.Ravindra Singh for plaintiff present.
    Adv.Pravin Gavale for defendant Nos.1 to 7 present.
    Both parties filed withdrawal pursis of the suit marked as Exh-16.
    Order-Filed.
    ORDER
    1. Suit No.1845 of 2019 and Notice of Motion No.1787 of 2023 is
    disposed of as withdrawn in view of pursis Exhibit-16.
    2. Court fees be refunded as per the rules.
    Judge
    -- 1 of 1 --

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