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SUIT - SHORT CAUSE CIVIL SUIT

Dr. Sir. George P. JosephVsMr. Dattaram D. Sawant +1 more

CNR MHCC01004476201966-COURT 66 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 11th September 2023

TrustJury record updated 20 Sept 2026

Case Overview

Registration Number
102114/2019
Registration Date
24 Jul 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1

    Case History / Proceedings

    Case History
    Date: 14-08-2019
    Business: Matter called out (11.16am)
    Plaintiff and his advocate absent.
    Defendant in person present with the copy of suit summons.
    Matter adj for written statement on 16/09/19.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 16-09-2019
    
    Date: 16-09-2019
    Business: Matter called out(11.45am)
    Plaintiff and his advocate absent.
    Exh-1 Plaint
    Exh-2 Vakalatnama                                                                           Exh-3 Memorandum of register address.                                                     Exh-4 List of documents.                                                                         Exh-5 Adv.Sanjay Kolge for defendant present filed vakalatnama.Time granted to file written statement.                                                   Matter adj for written statement on 16/10/19.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 16-10-2019
    
    Date: 16-10-2019
    Business: Matter called out(12.16pm)
    Adv.R.A.Dubey for plaintiff present.
    Exh-6 Adv.Sanjay Kolge for defendant no.25 to 28 present filed written statement. T.O.R
    Copy serve to the other side.
    Matter is adj to 08/01/20 for framing of issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 08-01-2020
    
    Date: 08-01-2020
    Business: Matter is called out at 11.48am
    Plaintiff and his advocate absent.
    Defendant present.
    Adv.Sanjay Kolge for defendant present.
    Matter is adj to 29/04/2020 for draft issues.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 29-04-2020
    
    Date: 29-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 20-05-2020
    
    Date: 20-05-2020
    Business: National Lockdown
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 08-06-2020
    
    Date: 08-06-2020
    Business: Case is adjd. in view of declaration of Noval Corona Virus (COVID  -19).
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 13-08-2020
    
    Date: 13-08-2020
    Business: Case is adjd. in view of declaration of Noval Corona Virus (COVID -19).
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 13-10-2020
    
    Date: 13-10-2020
    Business: In view of the Standard Operating Procedure laid down by Hon''ble Bombay High Court vide circulars dtd. 03.06.2020, 05.09.2020, 10.09.2020 in the wake of spread of COVID-19 pandemic the matter is adjourned owing to absence of the  parties.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 18-01-2021
    
    Date: 18-01-2021
    Business: Defendant present.
    Pursuant to office order No. 166/2020 dtd. 27.11.2020 of Hon''ble Principal Judge City Civil and Sessions Court, Greater Bombay in view of standard operating procedure (SOP) dtd. 27.11.2020 of Hon''ble Bombay High Court, after taking into account the present situation of COVID-19 pandemic, the matter is adjourned owing to absence of the party.
    Adjd to 21.04.2021  for draft issues.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 21-04-2021
    
    Date: 21-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 26-07-2021
    
    Date: 26-07-2021
    Business: Nobody present.
    Exh- 7 Issues framed.
    Adjd for filing evidence of plaintiff to 27/09/2021
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 27-09-2021
    
    Date: 27-09-2021
    Business: Adv. Prashant Malik for defendant present.
    Adjd for evidence of plaintiff to 14/12/2021
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 14-12-2021
    
    Date: 14-12-2021
    Business: At 11.17 am
    None present when called.
    Adjd for evidence of plaintiff to 11/03/2022
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 11-03-2022
    
    Date: 11-03-2022
    Business: Dt.11/03/2022
    Suit 2114/19
    IN THE COURT OF H.H.J. SMT. S. S. NAGUR JUDGE CITY CIVIL COURT C.R. NO. 66
    At 11.11 AM.
    None present.
    Adjd for evidence of plaintiff to 29-06-2022
    LO
    Adv. Prashant V. Malik for defendant present.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 29-06-2022
    
    Date: 29-06-2022
    Business: None for plaintiff.
    Adv. Prashant Malik along with defendant present.
    Matter is adjd.to 24-08-2022 for evidence of plaintiff
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 24-08-2022
    
    Date: 24-08-2022
    Business: None for plaintiff.
    None for defendants no. 1 and 2
    Issues are framed at Exh. 7 on 26-07-2021. Thereafter, four dates are passed for evidence of plaintiff. Hence, the plaintiffs are  directed to file evidence affidavit on next date of hearing.
    LO at 11.30 pm.
    Adv. Sneha Kadam for plaintiff present.
    Matter is adjd.to  10-11-2022 for evidence of plaintiff
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 10-11-2022
    
    Date: 10-11-2022
    Business: None for plaintiff.
    Adv. Sneha Kadam  for defendants no. 1 and 2 a/w deft. no. 1 present.
    Matter is adjd.to 06-01-2023 for evidence of plaintiff
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 06-01-2023
    
    Date: 06-01-2023
    Business: None for plaintiff
    Adv. Kumar Gaurav h/f Adv. Prashant Malik for defts no. 1 and 2 a/w deft. no. 1 present.
    Matter is adjd.to 17-02-2023 for evidence of plaintiff
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 17-02-2023
    
    Date: 17-02-2023
    Business: None for plaintiff.
    Defendant no. 1 in person present.
    None for defendant no. 2
    Matter is adjd.to 13-04-2023 for evidence of plaintiff
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 13-04-2023
    
    Date: 13-04-2023
    Business: None for plaintiff.
    Defendant no. 1 in person present.
    None for defendant no. 2
    Matter is adjd.to 05-07 -2023 for evidence of plaintiff
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 05-07-2023
    
    Date: 05-07-2023
    Business: None for plaintiff present.
    Adv.  Prashant Malik for defendant present.
    Defendant  no. 1 in person present.
    The advocate for defendant submitted that sufficient chance given to the plaintiff to lead evidence but plaintiff failed to file evidence affidavit, hence prayed that suit is dismissed for want of prosecution.
    Roznama shows that issues were framed on 26/07/2021,  on the next date plaintiff failed to file evidence, suit will be dismissed in default.
    Matter adjourned for R/E and dismissal to 11/09/2023.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 11-09-2023
    
    Date: 11-09-2023
    Business: None For plaintiff present.
    Adv. Kumar Gaurav for defendant no. 1 and 2 present. KB.
    L. O
    None For plaintiff present.
    Adv. Kumar Gaurav for defendant no. 1 and 2 present.
    The Roznama shows that sufficient chance given to the plaintiff to file evidence affidavit but neither plaintiff nor his advocate  present. Therefore, on the last date matter is kept for dismissal and passed a condition order against the plaintiff. Thought today suit is kept for dismissal for want of prosecution, then also none present for plaintiff. So it’s shows that plaintiff is not interested to proceed with the suit, therefore I passed following order :-
    Order -
    1) The suit bearing no. 2114 of 2019 is dismissed for want of prosecution.
    2) All pending misc. application like n/m, ch/s is disposed off.
    3) Proceeding closed.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 11-09-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 104743/2019
    Filing Date: 18-04-2019
    First Hearing Date: 14th August 2019
    Decision Date: 11th September 2023
    Court Number And Judge: 66-COURT 66 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    11 Sept 2023
    Order Details: Other
    Pdf Text: 11/09/2023
    SR. NO. 18
    CORAM : HIS HONOUR JUDGE SHRI. S. D. KULKARNI
    (C. R. No. 66)
    SUIT 102114/2019 None For plaintiff present.
    Adv. Kumar Gaurav for defendant no. 1 and 2 present. KB.
    L. O
    None For plaintiff present.
    Adv. Kumar Gaurav for defendant no. 1 and 2 present.
    The Roznama shows that sufficient chance given to the
    plaintiff to file evidence affidavit but neither plaintiff nor his
    advocate present. Therefore, on the last date matter is kept
    for dismissal and passed a condition order against the
    plaintiff. Thought today suit is kept for dismissal for want of
    prosecution, then also none present for plaintiff. So it’s
    shows that plaintiff is not interested to proceed with the
    suit, therefore I passed following order :-
    Order -
    1) The suit bearing no. 2114 of 2019 is dismissed for want
    of prosecution.
    2) All pending misc. application like n/m, ch/s is disposed
    off.
    3) Proceeding closed.
    Judge
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