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SUIT - SHORT CAUSE CIVIL SUIT

Mr. Kapil Chatrabhuj BhuptaniVsMr. Pankaj Hiralal Shah

CNR MHCC01004898201962-COURT 62 AD-HOC ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 22nd March 2024

TrustJury record updated 20 Sept 2026

Case Overview

Registration Number
101315/2019
Registration Date
03 Jun 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 24-06-2019
    Business: Advocate Ms. Martina Carlos for Plaintiff present and submitted that writ of summons be served upon Defendant through bailiff from sheriff\''s office.  Considering submissions, issue summons through bailiff of Sheriff\''s office of Mumbai.
    Case is adjourned to 19/08/2019 for service of writ of summons.
    Next Purpose: SERVICE
    Next Hearing Date: 19-08-2019
    
    Date: 19-08-2019
    Business: None present for Plaintiff.
    Advocate for Defendant present and filed vakalatnama, t.o.r.
    Court is busy in recording evidence in suit no.8606/93, suit no.778/09 and suit no.8136/86, hence case is adjourned to 25/11/2019.
    Next Purpose: SERVICE
    Next Hearing Date: 25-11-2019
    
    Date: 25-11-2019
    Reason For Adjournment: court time is over
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 31-01-2020
    
    Date: 31-01-2020
    Business: Advocate Ms. K. Carlos for Plaintiff present
    Advocate Mr. Santosh for Defendant present
    Both parties submitted that on next date they will file draft issues.
    Case is adjourned to 15/04/2020 for draft issues.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 15-04-2020
    
    Date: 15-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 22-04-2020
    
    Date: 22-04-2020
    Business: National Lock down
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 02-06-2020
    
    Date: 02-06-2020
    Business: Case is adjd.to 19.06.20 in view of extension of Lockdown period as per office order no.83/20 dtd.01.06.20
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 19-06-2020
    
    Date: 19-06-2020
    Business: National Lock down
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 17-08-2020
    
    Date: 17-08-2020
    Business: Adjourned due to Covid -19.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 08-10-2020
    
    Date: 08-10-2020
    Business: None present for plaintiffs.
    None present for Defendants.
    Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 11/01/2021 for Draft issue.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 11-01-2021
    
    Date: 11-01-2021
    Business: None present for Plaintiff/s.
    None present for Defendant/s.
    As nobody is present for both the parties, considering the present pandemic condition, matter is adjd.for draft issues 09.04.2021.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 09-04-2021
    
    Date: 09-04-2021
    Business: Adv Shivesh Upadhyay alongwith Adv. Sanjeeta Shaikh and Adv. Pragati Bandarkar for plff present and filed draft issues.
    None present for deft.
    Considering the present Pandemic Condition and SOP issued by Honble High Court, matter adjourned at same stage beyond summer vacation.
    Matter is adjd. for Draft issues to 08.07.2021.
    Judge
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 08-07-2021
    
    Date: 08-07-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 12-08-2021
    
    Date: 12-08-2021
    Business: Adv Mr.Dinesh Tiwari h/f Adv Mrs. Christina Carlos for plff present and seeks adjournment for filing draft issues. O-Time granted till next date.
    None present for deft.
    Matter is adjd. for draft issues to 26.10.2021.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 26-10-2021
    
    Date: 26-10-2021
    Business: Court is on leave.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 07-12-2021
    
    Date: 07-12-2021
    Business: Adv Ms. Shaikh present for plff.  and seeks time to file draft issues.
    Adv Mr. Santosh present for deft.and filed draft issues.
    On request of adv. for plff, matter is adjd. for filing draft issues by the plff to 09.02.2022.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 09-02-2022
    
    Date: 09-02-2022
    Business: Due to Covid-19, matter is adjd.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 04-05-2022
    
    Date: 04-05-2022
    Business: Adv Ms. Shaikh present for plff. and seeks adjournment for filing draft issues.
    None present for deft.
    On request of adv for plff, matter is adjd. for draft issues to 11.07.2022.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 11-07-2022
    
    Date: 11-07-2022
    Business: None present for both sides.
    On oral request of representative of plaintiffs advocate, adjd for draft issues.
    Matter adjd to 12.09.2022 for draft issues.
    Judge
    LO at 11.55 am
    Adv.Santosh Kyadigoppi for deft. present.
    Matter adjd to 12.09.2022 for draft issues.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 12-09-2022
    
    Date: 12-09-2022
    Business: Adv.Bhanudas Garje for plaintiff present.
    None present for deft.
    KB
    LO at 11.55 am
    Adv.Akshada Pasi for defendant present.
    Matter adjd to 18.11.2022 for framing of issues.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 18-11-2022
    
    Date: 18-11-2022
    Business: None present for both sides.
    KB
    LO at 12.15 pm
    Adv.Bhanudas Garje for plaintiff present.
    Adv.Akshada Pasi for defendant present.
    KB
    LO at 05.20 pm
    None present for both sides.
    Matter adjd to 11.01.2023 for framing of issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 11-01-2023
    
    Date: 11-01-2023
    Business: Adv.Divya Kangane for plaintiff present.
    None present for defendant.
    KB
    LO at 05.30 pm
    Issues are framed at Exh.5.
    Matter adjd to 04.03.2023 for framing of issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 04-03-2023
    
    Date: 04-03-2023
    Business: HHJ is on leave.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 13-06-2023
    
    Date: 13-06-2023
    Business: Adv. Dildar Singh for plaintiff present.
    None for defendant
    Matter is adjd.to 09-08-2023 for R/E.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 09-08-2023
    
    Date: 09-08-2023
    Business: Adv. Shweta Dubey for plaintiff present.
    Adv. Santosh S. K. for defendant present.
    With consent of both sides matter is adjourned to 10-10-2023
    Matter is adjd.to 10-10-2023 for R/E.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 10-10-2023
    
    Date: 10-10-2023
    Business: Adv. Sneha Patel for plaintiff present and prayed for adjournment.
    None for defendant
    Matter is adjd.to 06-12-2023 for R/E
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 06-12-2023
    
    Date: 06-12-2023
    Business: Adv. Mr. Rahul Trivedi for plaintiff present.
    Adv Mr. Santosh S. K.  for defendant present.
    Adv for plaintiff filed adjournment application. t.o.r marked as Exh.6 Order-Other side to say. Considering the application and the say of the defendant thereon, I find it just and appropriate to grant adjournment as a last chance to the plaintiff.
    Matter is adjourned to 15.01.2024 for evidence.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 15-01-2024
    
    Date: 15-01-2024
    Business: Adv. Virali Bhanushali for plaintiff present.
    Adv. Santosh Kyadipuppi for defendant present.
    Matter is adjourned to 13-02-2024 for Order against the plaintiff.
    Next Purpose: ORDER
    Next Hearing Date: 13-02-2024
    
    Date: 13-02-2024
    Business: Adv. Virali Bhanushali for plaintiff present and filed adjournment application t.o.r. marked as Exh.7 stating that since the plaintiff is not feeling well since last two three months, matter be adjourned. Considering the statements made in the application, the matter stands adjourned for plaintiffs evidence/order against plaintiff.
    None for defendant
    LO 1.10pm
    Adv. Akshada Pasi for defendant present.
    Matter is adjourned to 22-03-2024 for order against plaintiff.
    Next Purpose: ORDER
    Next Hearing Date: 22-03-2024
    
    Date: 22-03-2024
    Business: Adv. Rahul Trivedi h/f Adv. Carlos for plaintiff present AND would make submission that the plaintiff wont be able to attend and prosecute the suit against the defendant and hence, the court may passed appropriate order. From the perusal of the plaint, it would reveal  that  the suit is for recovery of the sum of Rs. 59,225/- . Though the issues have been framed on 11-01-2023 the plaintiff failed to adduce evidence in support of his case. From the submission made by the Ld. Counsel for  plaintiff it is appear that the plaintiff is not interested to prosecute the suit. In this view of the matter the suit deserves to be dismissed for want of prosecution. Hence, the suit is dismissed accordingly.
    None for defendant
    Lo 11.41pm
    Adv. Santosh Kyadiguppi for defendant present.
    Nature Of Disposal: DISMISSED
    Disposal Date: 22-03-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 105350/2019
    Filing Date: 02-05-2019
    First Hearing Date: 24th June 2019
    Decision Date: 22nd March 2024
    Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    22 Mar 2024
    Order Details: Other
    Pdf Text: Back
    Daily Status
    IN THE COURT OF :COURT 62 ADDL SESSIONS JUDGE
    Case No. :SUIT/0101315/2019
    Mr. Kapil Chatrabhuj Bhuptani Vs Mr. Pankaj Hiralal Shah
    Date : 22-03-2024
    Business : Adv. Rahul Trivedi h/f Adv. Carlos for plaintiff present AND
    would make submission that the plaintiff wont be able to
    attend and prosecute the suit against the defendant and hence,
    the court may passed appropriate order. From the perusal of
    the plaint, it would reveal that the suit is for recovery of the
    sum of Rs. 59,225/- . Though the issues have been framed on
    11-01-2023 the plaintiff failed to adduce evidence in support
    of his case. From the submission made by the Ld. Counsel for
    plaintiff it is appear that the plaintiff is not interested to
    prosecute the suit. In this view of the matter the suit deserves
    to be dismissed for want of prosecution. Hence, the suit is
    dismissed accordingly. None for defendant Lo 11.41pm Adv.
    Santosh Kyadiguppi for defendant present.
    Nature of Disposal : DISMISSED
    Disposal Date : 22-03-2024
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