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SUIT - SHORT CAUSE CIVIL SUIT

Santoshkumar Triveniprasad SahuVsTriveniprasad Shivdani Sahu

CNR MHCC01004725201862-COURT 62 AD-HOC ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 20th December 2023

TrustJury record updated 11 Sept 2026

Case Overview

Registration Number
101444/2018
Registration Date
18 Jun 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Hindu Marriage Act · Sec 34 · 37

    Case History / Proceedings

    Case History
    Date: 09-07-2018
    Business: Adv.Mr.C.B.Yadav for Plff.present.
    None for defendant.
    Issue writ of summons to the defendants for settlement of issues and filing written statement on payment of necessary Process fees and charges.   Time is extended.
    Adjd.for writ of summons on 10.08.2018.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 10-08-2018
    
    Date: 10-08-2018
    Business: Adv.Mr.Pradip Yadav for Plaintiff present.
    Adv for Plf.tendered draft N/m along with affidavit t.o.r.  Leave granted to register N/m. Returnable on next date.
    Adjd.24.09.2018 for Notice of Motion .
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 24-09-2018
    
    Date: 24-09-2018
    Business: H.H.J.is nominated as Trainer for Mediation training hence, board  discharged.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 15-11-2018
    
    Date: 15-11-2018
    Business: Adv.Mr.C.B.Yadav for Plaintiff present.
    Adv.for Plaintiff tendered original registered N/m No.4286/2018
    Time is extended for service.
    Adjd.for service on 18.02.2019.
    Next Purpose: SERVICE
    Next Hearing Date: 18-02-2019
    
    Date: 18-02-2019
    Business: As Court is busy in dictating orders in Cri.Rev.811/18 and in MA 1808/18, hence board is discharged and matter is adj for service to 26.03.2019.
    Next Purpose: SERVICE
    Next Hearing Date: 26-03-2019
    
    Date: 26-03-2019
    Business: Plff is present.
    He filed affidavit of service t.o.r.
    Ex.2 Adv. Dimple Rathod filed V/n for Defendant t.o.r.
    Adj for NM reply to 04.06.2019.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 04-06-2019
    
    Date: 04-06-2019
    Business: Advocate Mr. C. B. Yadav for Plaintiff present.
    Defendant with advocate Mr. Anand Shinde for Defendant present and submitted that on next date he will file NM reply. Considering submissions adjourned.
    Case is adjourned to 20/06/2019 for NM reply.
    Next Purpose: FOR___________________
    Next Hearing Date: 20-06-2019
    
    Date: 20-06-2019
    Reason For Adjournment: court time is over
    Next Purpose: FOR___________________
    Next Hearing Date: 06-08-2019
    
    Date: 06-08-2019
    Business: Advocate for Plaintiff filed affidavit in rejoinder on behalf of Plaintiff to the reply dated 20/06/2019 filed by Defendant, t.o.r.
    Court is busy in dictating Judgment in suit no.2140/17 and order on NM in suit no.234/19, hence case is adjourned to 03/10/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 03-10-2019
    
    Date: 03-10-2019
    Business: PO is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-11-2019
    
    Date: 22-11-2019
    Business: Court is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-02-2020
    
    Date: 10-02-2020
    Business: Plaintiff with advocate  Mr. C. B. Yadav for Plaintiff present.
    Son of Defendant present and submitted that Defendant\''s lawyer is on the way to the court hence matter may be kept back. As court has to hear HC expedited matter, hence case is adjourned to 03/03/2020 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-03-2020
    
    Date: 03-03-2020
    Business: Advocate Lalit Yadav @ Plaintiff present
    None present for Defendant.
    Case is adjourned to 23/04/2020 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-04-2020
    
    Date: 23-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-05-2020
    
    Date: 23-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-05-2020
    
    Date: 14-05-2020
    Business: Due to Covid 19 pandemic, matters are adjourned as per Office order no.77.2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-06-2020
    
    Date: 14-05-2020
    Business: Due to Covid 19 pandemic, matters are adjourned as per Office order no.77.2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-06-2020
    
    Date: 03-06-2020
    Business: Case is adjd.to 20.06.20 in view of extension of Lockdown period as per office order no.83/20 dtd.01.06.20
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-06-2020
    
    Date: 03-06-2020
    Business: Case is adjd.to 20.06.20 in view of extension of Lockdown period as per office order no.83/20 dtd.01.06.20
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-06-2020
    
    Date: 20-06-2020
    Business: National Lock down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-08-2020
    
    Date: 20-06-2020
    Business: National Lock down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-08-2020
    
    Date: 18-08-2020
    Business: Due to Covid 19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-10-2020
    
    Date: 18-08-2020
    Business: Due to Covid 19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-10-2020
    
    Date: 22-10-2020
    Business: None present for Plaintiffs.
    None present for Defendants.
    Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 25.01.2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-01-2021
    
    Date: 22-10-2020
    Business: None present for Plaintiffs.
    None present for Defendants.
    Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 25.01.2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-01-2021
    
    Date: 25-01-2021
    Business: None present for  plff.
    None present for deft.
    As nobody is present for both the parties, considering present pandemic condition, matter isadjd. For hearing to 27.04.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-04-2021
    
    Date: 27-04-2021
    Business: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-07-2021
    
    Date: 27-04-2021
    Business: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-07-2021
    
    Date: 06-07-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-08-2021
    
    Date: 26-08-2021
    Business: None present for both the parties.
    AS nobody is present for the plff , N.M. No.4286/2018 of the plff be kept for dismissal order on next date.
    Matter is adjd. for NM dismissal order to 18.10.2021.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 18-10-2021
    
    Date: 18-10-2021
    Business: Holiday declare, Hence matter is adjd. to
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 27-11-2021
    
    Date: 18-10-2021
    Business: Holiday declare, Hence matter is adjd. to
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 27-11-2021
    
    Date: 27-11-2021
    Business: Court is on leave.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 28-01-2022
    
    Date: 27-11-2021
    Business: Court is on leave.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 28-01-2022
    
    Date: 28-01-2022
    Business: Due to Covid 19
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 22-03-2022
    
    Date: 28-01-2022
    Business: Due to Covid 19
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 22-03-2022
    
    Date: 22-03-2022
    Business: Adv Mr.Prashant Yadav present for plff. and requested to remove the matter from NM dismissal caption.
    None present for deft.
    As nobody is present for the deft, on request of adv for plff, matter be kept for NM hearing on next date.
    Matter is adjd. for NM hearing to 28.06.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-06-2022
    
    Date: 28-06-2022
    Business: Adv.Prashant Yadav for plaintiff present.
    None for defendant.
    Plaintiff orally requested for adjournment. Time granted.
    Matter adjd to 12.08.2022 at morning for NM Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-08-2022
    
    Date: 12-08-2022
    Business: Adv.C.B.Yadav for plaintiff present.
    None present for deft.
    Heard the advocate for plaintiff in NM No.4286/18. No argument of defendant.
    Matter adjd to 30.08.2022 for NM order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 30-08-2022
    
    Date: 30-08-2022
    Business: Adv.C.B. Yadav for plaintiff present.
    None present for deft.
    KB
    LO at 05.10 pm
    Plaintiff present. He submits that suit property has been alienated by Jitenkumar Sahu. Plaintiff\''s advocate is not present to make any submission. Jitenkumar is not party. The plaintiff is suggested to take proper advice of his advocate.
    As Court was busy in hearing argument in SU 1712/22. Matter adjd to 23.09.2022 for NM Order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 23-09-2022
    
    Date: 30-08-2022
    Business: Adv.C.B. Yadav for plaintiff present.
    None present for deft.
    KB
    LO at 05.10 pm
    Plaintiff present. He submits that suit property has been alienated by Jitenkumar Sahu. Plaintiff\''s advocate is not present to make any submission. Jitenkumar is not party. The plaintiff is suggested to take proper advice of his advocate.
    As Court was busy in hearing argument in SU 1712/22. Matter adjd to 23.09.2022 for NM Order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 23-09-2022
    
    Date: 23-09-2022
    Business: Court is on Leave.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 06-10-2022
    
    Date: 06-10-2022
    Business: Adv.Pradeep Yadav for plaintiff present.
    Adv.Anand Shinde for defendant present. He filed application for setting aside no argument order t.o.r. and marked as Exh.. O-Otherside to say.
    KB for order.
    LO at 03.55 pm
    Plaintiff present.
    Adv.Pradeep Yadav for plaintiff present.
    Adv.Anand Shinde for defendant present.
    Heard on Exh. Read the roznama. Considering the reason stated no argument order passed in NM 4286/18 against the defendant is set aside subject to costs of Rs.500/- to be paid to plaintiff.
    The defendant is willing to file written notes of argument. He is directed to serve the copy of same well in advance to the plaintiff.
    Matter adjd to 02.11.2022 for compliance and filing written notes of argumrnt by deft. and order.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 02-11-2022
    
    Date: 06-10-2022
    Business: Adv.Pradeep Yadav for plaintiff present.
    Adv.Anand Shinde for defendant present. He filed application for setting aside no argument order t.o.r. and marked as Exh.. O-Otherside to say.
    KB for order.
    LO at 03.55 pm
    Plaintiff present.
    Adv.Pradeep Yadav for plaintiff present.
    Adv.Anand Shinde for defendant present.
    Heard on Exh. Read the roznama. Considering the reason stated no argument order passed in NM 4286/18 against the defendant is set aside subject to costs of Rs.500/- to be paid to plaintiff.
    The defendant is willing to file written notes of argument. He is directed to serve the copy of same well in advance to the plaintiff.
    Matter adjd to 02.11.2022 for compliance and filing written notes of argumrnt by deft. and order.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 02-11-2022
    
    Date: 02-11-2022
    Business: Adv.Prashant Yadav for plaintiff present.
    Adv.Anand Shinde for deft. present. He filed application for seeking extension of time to file written argument t.o.r. and marked as Ex.4.
    O-Last chance granted subject to costs of Rs.500/- to be paid to plaintiff.
    The defendant today complied with the order for payment of costs of Rs.500/- which was imposed by order dated 06.10.2022. Additional costs imposed today shall be paid on or before next date.
    Matter adjd to 21.11.2022 for compliance and filing of written notes of argument by deft.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 21-11-2022
    
    Date: 02-11-2022
    Business: Adv.Prashant Yadav for plaintiff present.
    Adv.Anand Shinde for deft. present. He filed application for seeking extension of time to file written argument t.o.r. and marked as Ex.4.
    O-Last chance granted subject to costs of Rs.500/- to be paid to plaintiff.
    The defendant today complied with the order for payment of costs of Rs.500/- which was imposed by order dated 06.10.2022. Additional costs imposed today shall be paid on or before next date.
    Matter adjd to 21.11.2022 for compliance and filing of written notes of argument by deft.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 21-11-2022
    
    Date: 21-11-2022
    Business: Adv.Prashant Yadav for plaintiff present.
    Adv.Anand Shinde for defendant present.
    Adv.for plaintiff received cost which was imposed on 02.11.2022. Adv.for defendants filed written notes of argument in NM 4286/18 t.o.r. and marked as Exh.5.
    Adv.for plaintiff requested time for rejoinder argument.
    Matter adj. to 02.01.2023 for rejoinder argument in NM.
    Next Purpose: REJOINDER
    Next Hearing Date: 02-01-2023
    
    Date: 21-11-2022
    Business: Adv.Prashant Yadav for plaintiff present.
    Adv.Anand Shinde for defendant present.
    Adv.for plaintiff received cost which was imposed on 02.11.2022. Adv.for defendants filed written notes of argument in NM 4286/18 t.o.r. and marked as Exh.5.
    Adv.for plaintiff requested time for rejoinder argument.
    Matter adj. to 02.01.2023 for rejoinder argument in NM.
    Next Purpose: REJOINDER
    Next Hearing Date: 02-01-2023
    
    Date: 02-01-2023
    Business: PO is on leave.
    Next Purpose: REJOINDER
    Next Hearing Date: 22-02-2023
    
    Date: 02-01-2023
    Business: PO is on leave.
    Next Purpose: REJOINDER
    Next Hearing Date: 22-02-2023
    
    Date: 22-02-2023
    Business: None present for plaintiff.
    Adv.Anand Shinde for defendant present.
    Heard Adv.for defendant in NM 4286/18. No rejoinder argument by the plaintiff.
    Matter adjd to 16.03.2023 for NM order.
    Next Purpose: ORDER
    Next Hearing Date: 16-03-2023
    
    Date: 16-03-2023
    Business: Adv.C.B. Yadav for plaintiff present.
    None present for defendant.
    KB
    LO at 05.20 pm
    None present for both sides.
    F.R.S.R. the following order is passed.
    ORDER
    1. Notice of Motion No.4286 of 2018 is dismissed.
    2. Costs shall follow the event.
    ORDER
    Read the service affidavit dated 11.02.2019 and bailiff report therein. Writ of summons is served on the defendant on 11.12.2018. It appears that defendant has not filed the written statement, hence, suit to proceed without written statement of the defendant.
    Matter adjd to 21.06.2023 for plaintiff\''s evidence.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 21-06-2023
    
    Date: 21-06-2023
    Business: None present.
    Matter is adjd.to 15-07-2023 for order against plaintiff.
    Next Purpose: ORDER
    Next Hearing Date: 15-07-2023
    
    Date: 15-07-2023
    Business: Adv. C. B. Yadav for plaintiff present.
    None for defendant
    Matter is adjd.to 29-08-2023 for Order.
    Next Purpose: ORDER
    Next Hearing Date: 29-08-2023
    
    Date: 29-08-2023
    Business: Court is on leave
    Next Purpose: ORDER
    Next Hearing Date: 04-10-2023
    
    Date: 04-10-2023
    Business: Adv. C. B. Yadav for plaintiff present.
    None for defendant.
    On the request of plaintiff counsel, matter adjourned.
    Matter is adjd.to  10-11-2023 for Order.
    Next Purpose: ORDER
    Next Hearing Date: 10-11-2023
    
    Date: 10-11-2023
    Business: Court is on half day leave.
    Next Purpose: ORDER
    Next Hearing Date: 20-12-2023
    
    Date: 20-12-2023
    Business: None for plaintiff.
    None for defendant
    From the perusal of the roznamas, it would appear  that  on 16-03-2023, this court directed to suit proceed without written statement of defendant and matter was kepted for plaintiffs evidence on 21-06-2023. The plaintiff however is not prosecuting the suit diligently and he is avoiding to adduce evidence in the matter. Hence, I do not see any justification  to keep the suit pending anymore but to dismiss the same for default. Suit stands accordingly dismissed.
    Nature Of Disposal: DISMISSED
    Disposal Date: 20-12-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 105147/2018
    Filing Date: 10-04-2018
    First Hearing Date: 09th July 2018
    Decision Date: 20th December 2023
    Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1
    20 Dec 2023
    Order Details: Other
    Pdf Text: Back
    Back
    1444-2018
    Santoshkumar Triveniprasad Sahu Vs Triveniprasad Shivdani Sahu
    Date : 20-12-2023
    Business : None for plaintiff. None for defendant From the perusal of the
    roznamas, it would appear that on 16-03-2023, this court
    directed to suit proceed without written statement of defendant
    and matter was kepted for plaintiffs evidence on 21-06-2023.
    The plaintiff however is not prosecuting the suit diligently and
    he is avoiding to adduce evidence in the matter. Hence, I do
    not see any justification to keep the suit pending anymore but
    to dismiss the same for default. Suit stands accordingly
    dismissed.
    Nature of Disposal : DISMISSED
    Disposal Date : 20-12-2023
    COURT 62 ADDL SESSIONS JUDGE
    -- 1 of 1 --
    Order 1
    20 Dec 2023
    Order Details: Other
    Pdf Text: Back
    Back
    1444-2018
    Santoshkumar Triveniprasad Sahu Vs Triveniprasad Shivdani Sahu
    Date : 20-12-2023
    Business : None for plaintiff. None for defendant From the perusal of the
    roznamas, it would appear that on 16-03-2023, this court
    directed to suit proceed without written statement of defendant
    and matter was kepted for plaintiffs evidence on 21-06-2023.
    The plaintiff however is not prosecuting the suit diligently and
    he is avoiding to adduce evidence in the matter. Hence, I do
    not see any justification to keep the suit pending anymore but
    to dismiss the same for default. Suit stands accordingly
    dismissed.
    Nature of Disposal : DISMISSED
    Disposal Date : 20-12-2023
    COURT 62 ADDL SESSIONS JUDGE
    -- 1 of 1 --

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