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SUIT - SHORT CAUSE CIVIL SUIT

Smt. Harsha Haridas Gajaria +1 moreVsState of Maharashtra +1 more

CNR MHCC0100489420199-COURT 09 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DECREED
Decision Date: 18th November 2021

TrustJury record updated 20 Sept 2026

Case Overview

Registration Number
101399/2019
Registration Date
12 Jun 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    4

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 03-07-2019
    Business: Adv. Sanjay Khale for the Plaintiff present.
    He seeks extension of time to serve writ of summons. Time is extended.
    Matter is adjd. to 9.10.2019 for proof of service of writ of summons.
    Next Purpose: SERVICE
    Next Hearing Date: 09-10-2019
    
    Date: 09-10-2019
    Business: Plff-2 present. Adv. Khale for the Plaintiff present.
    None present  for the defts.
    Original letter of request tendered by the Plaintiff. t.o.r.
    Matter is adjd. to 16.12.2019 for passing exparte order against the defts.
    Next Purpose: ORDER
    Next Hearing Date: 16-12-2019
    
    Date: 16-12-2019
    Business: Adv. Sanjay Khale  for Plaintiff is present.
    Plaintiff no. 2  is present.
    Adv. Shukla h/f Adv. Kapse for Defendant no. 1 and 2 is  present. He seeks time for tendering WS.  O granted  subject to stipulation in CPC.
    Matter is adjd. for WS of defendant  to 03/01/2020 .
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 03-01-2020
    
    Date: 03-01-2020
    Business: Adv. Sanjay Khale for Plaintiff is present.
    Adv. Kudalkar for defendant No. 1 and 2 is present. He seeks time for tendering WS. O granted subject to stipulation in CPC
    Matter is adjd.for WS/paper publication  to 04/02/2020 .
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 04-02-2020
    
    Date: 04-02-2020
    Business: Adv. Sanjay Khale for Plaintiff is present.
    Defendant no. 1 and 2 failed to file WS.  Therefore no WS order is passed against defendant no. 1 and 2.
    Matter is adjd.  for paper publication to 21/03/2020
    Next Purpose: FOR___________________
    Next Hearing Date: 21-03-2020
    
    Date: 21-03-2020
    Business: Due to direction to combat Corona Virus, board is discharged, as
    only urgent matters are taken up.
    Next Purpose: FOR___________________
    Next Hearing Date: 27-08-2020
    
    Date: 27-08-2020
    Business: National Lock Down
    Next Purpose: FOR___________________
    Next Hearing Date: 05-10-2020
    
    Date: 05-10-2020
    Business: Court is on leave
    Next Purpose: FOR___________________
    Next Hearing Date: 30-01-2021
    
    Date: 30-01-2021
    Business: Adv. Mr. Sanjay Khale  for the plaintiff.
    Adv. Gaonkar h/f Adv. Kapse for the defendants No.1 and 2.
    Advocate for the plaintiff filed service affidavit. t.o.r.
    Copy of the summons be affixed on the notice board of the Court, Collector, Mumbai and Municipal Corporation, Mumbai.
    Matter is adjd. to 07/04/2021 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 07-04-2021
    
    Date: 07-04-2021
    Business: Due to SOP only urgent matter  are taken up. Hence, the Board is
    discharged.
    Matter is adjd. to 01.07.2021 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 01-07-2021
    
    Date: 01-07-2021
    Business: Due to COVID-19 pandemic.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 10-08-2021
    
    Date: 10-08-2021
    Business: Adv. Mr. Sanjay Khale for the plaintiff present.
    Adv. Mr. Kapse for defendants No.1 and 2 present.
    Matter is adjd. to 15/09/2021 for recoding evidence.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 15-09-2021
    
    Date: 15-09-2021
    Business: Ld. Adv. Mr. Khale for plaintiff present.
    Ld. Adv. Mr. Kapse for defendant nos.1 and 2 present.
    The advocate of plaintiff requested date.
    Matter is adjd. to 17.11.2021.
    L.O.
    The advocate of plaintiff filed evidence of PW No.1-Shaym Gajaria alongwith list of documents.
    Plaint
    Vakalatnama
    Memorandum of appearance.
    List of documents.
    Affidavit of Evidence.
    List of documents
    Death Certificate of Haridas.
    Report of police dated 26.12.2011.
    Certificate of Police Inspector dated 26.12.2011.
    Application dated 03.12.2018.
    Certificate of Police Inspector dated 06.12.2018.
    Copy of notice dated 18.02.2019.
    Application dated 11.12.2019.
    Advocate for plaintiff filed Pursis.
      Defendant nos.1 and 2 do not want to lead evidence.  Therefore, their evidence is closed.
    Matter adjd. to .2021 for arguments and paper publication notice.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 17-11-2021
    
    Date: 17-11-2021
    Business: Adv Sanjay Khale present for the plaintiff.
    Adv Mr.Kapse present for the defendant.
    KB
    Matter is adjd. to 18.11.2021 for Judgment.
    Next Purpose: JUDGMENT
    Next Hearing Date: 18-11-2021
    
    Date: 18-11-2021
    Business: Adv Sanjay Khale present for the plaintiff.
    Adv Mr.Kapse present for the defendant.
                                   ORDER
    FRSR following order is passed-
    1. Suit is decreed.
    2. It is hereby declared that son of plaintiff No.1 i.e. a brother of plaintiff No.2 i.e. Dinesh Haridas Gajaria is civil dead.
    3. No order as to costs of the suit.
    4. Decree be drawn accordingly.
    5. S.C. Suit No.1399 of 2019 is disposed of accordingly.
    Nature Of Disposal: DECREED
    Disposal Date: 18-11-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 105260/2019
    Filing Date: 30-04-2019
    First Hearing Date: 03rd July 2019
    Decision Date: 18th November 2021
    Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    18 Nov 2021

    Order Details: Copy of Judgment Pdf Text: 1 Lodged on : 30.04.2019 Registered on : 12.06.2019 Decided on : 18.11.2021 Duration : 02Y 06M 19D EXHIBIT- IN THE BOMBAY CITY CIVIL COURT AT BOMBAY SHORT CAUSES SUIT NO. 1399 OF 2019 ( CNR No.MH-CC-01-004894-2019) 1. SMT. HARSHA HARIDA GAJARIA ] Aged 65 years, Occupation:Housewife] 2. MR. SHYAM HARIDAS GAJARIA ] Aged 65 years, Occupation : Service ] Both Indian Inhabitant, ] Residing at 17, Krishna Kunj, ] 2nd Floor, Opp:…

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