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SUIT - SHORT CAUSE CIVIL SUIT

Miss. Preeti Parthviraj Mehta +1 moreVsM/s. Point Developers Pvt Ltd +2 more

CNR MHCC0100469320181-COURT 01 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 17th February 2024

TrustJury record updated 11 Sept 2026

Case Overview

Registration Number
101437/2018
Registration Date
18 Jun 2018

Advocates

1

For Respondent

    Not available

    Parties

    5

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 151 · 2 · Order 39 · Rule 1

    Case History / Proceedings

    Case History
    Date: 09-07-2018
    Business: Court is on leave
    Next Purpose: DIRECTIONS
    Next Hearing Date: 25-07-2018
    
    Date: 25-07-2018
    Business: By precipe.
    Adv. Mr. R. C. Mishra for the Plaintiff present.
    Vakalatnama of the plff. t.o.r.
    Application tendered by the plff for issuance of writ of summons to deft nos. 1 to 3. t.o.r. Issue writ of summons.
    Already matter is adjd. to 9.08.2018.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 09-08-2018
    
    Date: 09-08-2018
    Business: Adv. Mr. R. C. Mishra for the Plaintiff present.
    Adv. Mr. Karan Singh for Defendants present.
    Vakalatnama tendered by the defts. t.o.r. O-filed.
    Matter is adjd. to 23.10.2018 for W.S by the defts
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 23-10-2018
    
    Date: 23-10-2018
    Business: Adv. Mr. R. C. Mishra for the Plaintiff present.
    Adv. Mr. Salunkhe with Tarang Singh for Defendants present.
    Written statement tendered by deft nos. 1 to 3. t.o.r. O-filed.
    Draft Notice of Motion alongwith affidavit in support taken out by deft no. 1 for rejection of the plaint under O-7 R-11 of the CPC. t.o.r. Leave granted to register.
    Draft Notice of Motion alongwith affidavit in support taken out by deft nos. 2 to 3 for rejection of the plaint under O-7 R-11 of the CPC. t.o.r. Leave granted to register.
    Matter is adjd. to 4.02.2019 for  reply to N/M/ draft issues.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 04-02-2019
    
    Date: 04-02-2019
    Business: Adv. Mr.R.C. Mishra for the Plaintiff present.
    Adv. Mr.Yogesh Salunkhe for Defendant Nos. 1 to 3 present.
    Deft. Nos.2 and 3 failed to file their W/St. Hence, no W/st. order is passed against Deft. Nows. 2 and 3.
    Reply tendered by the Plff. to N/M No.4149/2018. T.O.R.
    Registered N/M No.4148/2018 and N/M No.4149/2018 tendered by the Deft. T.O.R.
    Matter is adjd. to 15.04.2019  for N/M hearing No.4149/2018/Reply to N/M No.4148/2018
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-04-2019
    
    Date: 15-04-2019
    Business: Resumed.
    The P.O. is busy in dictating NM order in Suit no. 3142/2009.  For want of time the board is discharged.
    Adjd for NM hearing to 09.07.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-07-2019
    
    Date: 09-07-2019
    Business: Father of plaintiff present.
    Adv. for defendant present.
    There is likelihood of settlement.  Matter is referred in Lok Adalat.
    Adjourned for NM hearing to 19.8.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-08-2019
    
    Date: 09-07-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-08-2019
    
    Date: 19-08-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-10-2019
    
    Date: 19-08-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-10-2019
    
    Date: 19-08-2019
    Business: Adv. Karan for defendants present.
    Adjournment application filed on behalf plaintiff by father of the plaintiff.
    O-Granted.
    Adjourned for NM hearing to 16.10.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-10-2019
    
    Date: 16-10-2019
    Business: Adv. R. C.  Mishra for plaintiffs present.
    Adv. Yogesh Sawant for defendants present.
    Adjournment application filed on behalf of plaintiff.
    O-Granted as a last chance.
    Adjourned for hearing on NM to 12.12.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-12-2019
    
    Date: 12-12-2019
    Business: Adv. Ramchandra Mishra for plaintiff present.
    Adv. Karan Singh for deft. present.
    Draft N/M tendered by plaintiff.
    Leave is granted to register it.
    Plaintiff files reply to N/M no.4148/18.  T.O.R.
    The matter is adjd for hearing on N/M to 18.02.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-02-2020
    
    Date: 18-02-2020
    Business: Adv. Mishra for plaintiff present.
    Adv. Pawan Sharma for defts. present.
    Reply tendered by defts. to draft N/M.  T.O.R.
    Copy is supplied to counsel for plaintiff.
    Plaintiff has not registered the draft N/M.  Plaintiff to register it.
    The matter is adjd for hearing on N/M to 07.04.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-04-2020
    
    Date: 18-02-2020
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-04-2020
    
    Date: 18-02-2020
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-04-2020
    
    Date: 07-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-04-2020
    
    Date: 07-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-04-2020
    
    Date: 18-04-2020
    Business: As per office order no.77/2020 dated 43.5.2020 and due to lock-down, matter is adjourned.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-04-2020
    
    Date: 18-04-2020
    Business: As per office order no.77/2020 dated 43.5.2020 and due to lock-down, matter is adjourned.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-04-2020
    
    Date: 18-04-2020
    Business: As per office order no.77/2020 dated 43.5.2020 and due to lock-down, matter is adjourned.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-04-2020
    
    Date: 29-04-2020
    Business: As per office order no.77/2020 dated 04.05.2020 and due to lock-down, matter is adjourned.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-05-2020
    
    Date: 29-04-2020
    Business: As per office order no.77/2020 dated 04.05.2020 and due to lock-down, matter is adjourned.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-05-2020
    
    Date: 29-04-2020
    Business: As per office order no.77/2020 dated 04.05.2020 and due to lock-down, matter is adjourned.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-05-2020
    
    Date: 29-05-2020
    Business: In view of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pademic by WHO and as per Office Order 78 of 2020, matter adjourned
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-06-2020
    
    Date: 29-05-2020
    Business: In view of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pademic by WHO and as per Office Order 78 of 2020, matter adjourned
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-06-2020
    
    Date: 29-05-2020
    Business: In view of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pademic by WHO and as per Office Order 78 of 2020, matter adjourned
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-06-2020
    
    Date: 16-06-2020
    Business: In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-09-2020
    
    Date: 29-09-2020
    Business: Both the parties are absent.  Due to Covid-19, the matter is adjourned to 15.12.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-12-2020
    
    Date: 29-09-2020
    Business: Both the parties are absent.  Due to Covid-19, the matter is adjourned to 15.12.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-12-2020
    
    Date: 15-12-2020
    Business: None present.
    Plaintiff has not tendered the registered N/M.
    The matter is adjd for compliance by plaintiff and reply to N/M to 17.02.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-02-2021
    
    Date: 15-12-2020
    Business: None present.
    Plaintiff has not tendered the registered N/M.
    The matter is adjd for compliance by plaintiff and reply to N/M to 17.02.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-02-2021
    
    Date: 15-12-2020
    Business: None present.
    Plaintiff has not tendered the registered N/M.
    The matter is adjd for compliance by plaintiff and reply to N/M to 17.02.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-02-2021
    
    Date: 17-02-2021
    Business: One Prithviraj Mehta claiming to be the father of plaintiffs  present and tendered registered N/M No.933/20. T.O.R.
    Adv. Yogesh Salunke for defts. present.
    The matter is adjd for hearing on N/M to 20.04.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-04-2021
    
    Date: 17-02-2021
    Business: One Prithviraj Mehta claiming to be the father of plaintiffs  present and tendered registered N/M No.933/20. T.O.R.
    Adv. Yogesh Salunke for defts. present.
    The matter is adjd for hearing on N/M to 20.04.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-04-2021
    
    Date: 17-02-2021
    Business: One Prithviraj Mehta claiming to be the father of plaintiffs  present and tendered registered N/M No.933/20. T.O.R.
    Adv. Yogesh Salunke for defts. present.
    The matter is adjd for hearing on N/M to 20.04.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-04-2021
    
    Date: 20-04-2021
    Business: Due to Covid-19, matter is adjourned
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-07-2021
    
    Date: 20-04-2021
    Business: Due to Covid-19, matter is adjourned
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-07-2021
    
    Date: 20-04-2021
    Business: Due to Covid-19, matter is adjourned
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-07-2021
    
    Date: 28-07-2021
    Business: In view of office order no.131/2021 dated 02.07.2021, the matter not being urgent, is adjourned to 05.10.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-10-2021
    
    Date: 28-07-2021
    Business: In view of office order no.131/2021 dated 02.07.2021, the matter not being urgent, is adjourned to 05.10.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-10-2021
    
    Date: 28-07-2021
    Business: In view of office order no.131/2021 dated 02.07.2021, the matter not being urgent, is adjourned to 05.10.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-10-2021
    
    Date: 05-10-2021
    Business: Adv. Mishra for plaintiff is present.
    Adv. Yogesh Salunkhe for defendant is present.
    Plaintiff no.1 is present.
    Heard Adv.of both the sides.
    In the midst of the argument the Ld. Adv.for defendant has submitted that further argument on NM No. 4148/18 and NM No. 4149/18 will be done by his senior. On his request matter adjourned by way of last chance.
    Matter adjd for NM hearing on 12.10.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-10-2021
    
    Date: 12-10-2021
    Business: Adv. R.C. Mishra for plaintiff is present.
    Adv. Karan Singh for defendant no.1 to 3 is present.
    Plaintiff no.1 is present.
    Heard both the sides on NM No. 4148/18 and NM No. 4149/18.
    F.R.S.R. following order is passed-
                                             ORDER
    Notice of Motion No. 4149/18 stands dismissed.
    No order as to costs.
    Case to proceed further.
    F.R.S.R following order is passed-
                                             ORDER
    Notice of Motion No. 4148/18 stands dismissed.
    No order as to costs.
    Case to proceed further.
    Matter adjd for NM hearing on 11.01.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-01-2022
    
    Date: 11-01-2022
    Business: Adv. R.C. Mishra for Pltff is present.
    Matter is adjd to NM for hearing on 08/03/2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-03-2022
    
    Date: 08-03-2022
    Business: Adv. R. C. Mishra for pltff present.
    Adv. Akhil Rao for deft present.
    Adv for pltff has tendered draft NM.  Leave is granted to register the same.  Copy served upon deft.
    Matter is adjd to 22/06/2022 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 22-06-2022
    
    Date: 22-06-2022
    Business: Adv. R.C.Mishra for plaintiff is present.
    Adv. Akhil Rao for defendant is present.
    Plaintiff tendered original registered NM No. 1837/22. T.O.R. Copy supplied to the defendant.
    With consent of both the parties the matter is adjourned for NM reply.
    Matter adjd to 23.08.2022  for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 23-08-2022
    
    Date: 23-08-2022
    Business: P.O. is on leave matter is adjd. to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 09-11-2022
    
    Date: 09-11-2022
    Business: Adv. Akhil Rao for defendant no.1 is present and filed reply on NM No. 1837/22. T.O.R. Copy supplied to other side.
    Plaintiff has filed an application for appointment of new advocate t.o.r marked as Exh.8. Considering the submission it stands allowed.
    The Ld. Adv. Anisha Ansari for filed V/P for plaintiff t.o.r marked as Exh.9. Seen and Filed.
    Defendant nos. 2 and 3 filed WS adopting WS of defendant no.1 t.o.r marked as Exh.10.
    Matter adjd to 11.01.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-01-2023
    
    Date: 11-01-2023
    Business: Adv. Akhil Rao for plaintiff is present.
    Adv. Anisha Ansari for defendant is present.
    On oral request of both the sides, matter adjourned for NM hearing.
    Matter adjd to 13.03.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-03-2023
    
    Date: 13-03-2023
    Business: P.O.is on leave. Matter adjd to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-04-2023
    
    Date: 28-04-2023
    Business: None present for plaintiff.
    Adv. Akhil Rao for defendant is present.
    Matter adjd to 03.08.2023 for hearing on NM.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-08-2023
    
    Date: 03-08-2023
    Business: Adv. S. C. Jodhawar for plaintiff present.
    Adv. Yogesh Salunke for defendant present and filed application for withdrawal of vakalatnama. Tor marked as Exh.11. O- Seen and filed. It is submitted that Ld. Adv. for defendant has already returned back all papers to defendant and has also given no objection for engaging new advocate. The application is supported by Exh.A i.e. acknowledgment of above fact by defendant. Therefore, permission to withdraw vakalatnama is granted.
    Defendant absent.
    Heard the Ld. Adv. for plaintiff in NM No. 933/2020 and NM No. 1837/22.
    Court is busy in passing orders in other suit, hence adjourned.
    Matter adjd to 22/08/2023 for NM orders.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 22-08-2023
    
    Date: 22-08-2023
    Business: Plaintiff no. 2 is present.
    None present for defendant.
    FRSR following order is passed in NM No. 1837/2022 :
    ORDER
    1.  NM No. 1837/2022 stands rejected.
    2.  NM stands disposed off accordingly.
    FRSR following order is passed in NM No. 933/2020 :
    ORDER
    1.  NM No. 933/2020 stands rejected.
    2.  NM stands disposed off accordingly.
    Matter adjd to 27.10.2023 for draft issues.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 27-10-2023
    
    Date: 27-10-2023
    Business: Adv. Anish Ansari for plaintiff is present.
    None present for defendant.
    Issues are framed at Exh. 12.
    Matter adjd to 19.01.2024 for filing evidence of plaintiff.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 19-01-2024
    
    Date: 19-01-2024
    Business: Plaintiff is present.
    Adv. Anisha Ansari for plaintiff present and filed application Exh.13 seeking permission for withdrawal of suit. Taken on record. Copy be served on other side.
    None present for defendant.
    Matter adjd to 02.02.2024 for service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 02-02-2024
    
    Date: 02-02-2024
    Business: Adv. Anisha Ansari for plaintiff is present and undertake to serve copy of Exh. 13 on other side. O- Time granted.
    Father of plaintiff no. 1 and 2 is present.
    None present for defendant.
    Matter adjd to 17.02.2024 for service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 17-02-2024
    
    Date: 17-02-2024
    Business: Adv. Anisha Ansari for plaintiff is present and filed affidavit of service Exh. 14. TOR. Service is completed.
    None present for defendant.
    The plaintiff has filed application Exh. 13 seeking permission for withdrawal of suit with liberty to file fresh suit. Permission granted. Suit stands withdrawn with liberty subject to law of limitation. No order as to costs.
    Nature Of Disposal: WITHDRAWL
    Disposal Date: 17-02-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 105074/2018
    Filing Date: 09-04-2018
    First Hearing Date: 09th July 2018
    Decision Date: 17th February 2024
    Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE

    Orders

    4
    Final Order 2
    17 Feb 2024
    Order Details: Other
    Pdf Text: 36 17.02.2024
    SU 1437/18
    Exh. 14
    CORAM : HIS HONOUR JUDGE SHRI R. R. PATARE
    (C.R.NO.1)
    Adv. Anisha Ansari for plaintiff is present and filed affidavit
    of service Exh. 14. TOR. Service is completed.
    None present for defendant.
    The plaintiff has filed application Exh. 13 seeking
    permission for withdrawal of suit with liberty to file fresh
    suit. Permission granted. Suit stands withdrawn with liberty
    subject to law of limitation. No order as to costs.
    Judge
    -- 1 of 1 --
    Interim Order 1Full order available
    12 Oct 2021

    Order Details: Notice of Motion Pdf Text: 1 NM no.4149-18 in Suit no. 1437-18 MHCC010138342018 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY NOTICE OF MOTION NO. 4149 OF 2018 CNR NO.MHCC010138342018 IN SUIT NO. 1437 OF 2018 Miss Preeti Parthviraj Mehta & Anr. ...Plaintiffs V/s 1. M/s.Point Developers Pvt.Ltd. Through its Director/Builder/Developers/ & Ors. ...Defendants. CORAM : HIS HONOUR JUDGE SHRI KISHORE M. JAISWAL (COURT ROOM NO.01) DATE :12th DAY OF OCTOBER, 2021 Adv.R.C.Mishra for the plaintiffs. Adv.Karan Singh…

    Read Full Order
    Order 2
    17 Feb 2024
    Order Details: Other
    Pdf Text: 36 17.02.2024
    SU 1437/18
    Exh. 14
    CORAM : HIS HONOUR JUDGE SHRI R. R. PATARE
    (C.R.NO.1)
    Adv. Anisha Ansari for plaintiff is present and filed affidavit
    of service Exh. 14. TOR. Service is completed.
    None present for defendant.
    The plaintiff has filed application Exh. 13 seeking
    permission for withdrawal of suit with liberty to file fresh
    suit. Permission granted. Suit stands withdrawn with liberty
    subject to law of limitation. No order as to costs.
    Judge
    -- 1 of 1 --
    Order 1Full order available
    12 Oct 2021

    Order Details: Notice of Motion Pdf Text: 1 NM no.4149-18 in Suit no. 1437-18 MHCC010138342018 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY NOTICE OF MOTION NO. 4149 OF 2018 CNR NO.MHCC010138342018 IN SUIT NO. 1437 OF 2018 Miss Preeti Parthviraj Mehta & Anr. ...Plaintiffs V/s 1. M/s.Point Developers Pvt.Ltd. Through its Director/Builder/Developers/ & Ors. ...Defendants. CORAM : HIS HONOUR JUDGE SHRI KISHORE M. JAISWAL (COURT ROOM NO.01) DATE :12th DAY OF OCTOBER, 2021 Adv.R.C.Mishra for the plaintiffs. Adv.Karan Singh…

    Read Full Order

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