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SUIT - SHORT CAUSE CIVIL SUIT

Suvidha Vidyadhar MayekarVsMCGM +1 more

CNR MHCC0100501520184-COURT 04 AD-HOC JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 16th March 2024

TrustJury record updated 12 Sept 2026

Case Overview

Registration Number
101127/2018
Registration Date
19 Apr 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    Hindu Marriage Act · Sec Order39 · Rule4

    Case History / Proceedings

    Case History
    Date: 05-05-2018
    Business: By precipee
    Adv.Mr.Poman for Plff.persnt.
    Adv.for Plff.tendreded draft N/m along with affidavit t.o.r.  Leave granted to register N/m.  Returnable on next date.
    Adv.Mr.Giri for BMC/Deft.present.
    Adjd.for N/m reply on 21.06.2018.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 21-06-2018
    
    Date: 21-06-2018
    Business: Adv. Mr. L.V. Bommer for plaintiff present.
    Adv. Ms. Kamble for BMC present.
    Advocate for plaintiff filed registered N/M no. 1922/18.
    L.O.
    None present for plaintiff.
    Adv. Mr. Giri for BMC present.
    Adjd to 27.6.2018 for N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 27-06-2018
    
    Date: 27-06-2018
    Business: Plff. and Adv.  Absent.
    Adv. Mr. Giri for defendant / BMC present and requested for time to File reply to NM granted .
    Adjd. to 23.07.2018 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 23-07-2018
    
    Date: 23-07-2018
    Business: None for plff.
    Adv. Mr. Giri  for defendant / BMC present.
    Adjd. to  29.08.2018 for N/m reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 29-08-2018
    
    Date: 29-08-2018
    Business: None for plaintiff.
    Adv. Bhoir for defendant no. / BMC present.
    Matter adjd. to 17.10.18 for Rejoinder.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-10-2018
    
    Date: 17-10-2018
    Business: None for plaintiff
    Adv. Bhoir for defendant no. / BMC present.
    Matter adjd. to 17.12.18 for Reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-12-2018
    
    Date: 17-12-2018
    Business: As court is on half day in second sessions.Hence, matter is adjourned.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 01-02-2019
    
    Date: 01-02-2019
    Business: None present for plff.
    Adv Mrs.Bhoir for BMC/deft. present.
    On oral request of ld adv for deft, adjournment granted.
    Adjd to 29/03/2019 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 29-03-2019
    
    Date: 29-03-2019
    Business: Adv. Mr. Bommer for Plff present.
    Adv Mrs. Bhoir for MCGM/deft. present.
    Adjd to 3/7/2019 for N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 03-07-2019
    
    Date: 03-07-2019
    Business: None for plaintiff.
    Adv. Khandagle for MCGM/Deft. present.
    On oral request of ld adv for deft, adjournment granted.
    Adjd to 04.09.2019 for N/M Reply
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 04-09-2019
    
    Date: 04-09-2019
    Business: As P.O. is on leave, matter is adjd. till next date.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 13-11-2019
    
    Date: 13-11-2019
    Business: Adv. Bommer for plaintiff present.
    Adv. Mrs. R.M. Hazare for Deft/MCGM present.
    On oral request of advocate for Defendant, adjournment granted.
    Time extended till next date for service of writ of summons.
    Matter is adj to 20/01/2020 for N/M Reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 20-01-2020
    
    Date: 20-01-2020
    Business: Adv.L.V.Bommer for plaintiff present. Writ of summons.t.o.r.
    Writ of Summons served on Defendant No.1.
    Adv. Khandagle for MCGM/Deft. present.
    Matter adjd to 21.02.2020 for NM Reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 21-02-2020
    
    Date: 21-02-2020
    Business: Adv. Bommer  for plaintiff present.
    Adv. Khandagle for MCGM/Deft. present.
     Matter adjd to 22.06.2020   for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 22-06-2020
    
    Date: 22-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 30-09-2020
    
    Date: 30-09-2020
    Business: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 09-12-2020
    
    Date: 09-12-2020
    Business: Adv. Boomer for plaintiff present.
    Adv. Khandagale for deft/MCGM present.
    On oral request of advocate for Defendant, adjournment granted to file reply to NM No. 1922/18.
    Matter adjd to 05/03/2021 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 05-03-2021
    
    Date: 05-03-2021
    Business: Adv. Shivkumar Mishra h/f Adv. Bommer for plaintiff present.
    Adv. Khandagle for deft/MCGM present and requests for time to file reply to NM No.1922/18. Time is granted till next date.
    Matter adjd to 26/04/2021 for NM Reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 26-04-2021
    
    Date: 26-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 02-08-2021
    
    Date: 02-08-2021
    Business: None for plaintiff.
    Adv Tondwalkar for defendant / MCGM present and requests for time to file reply to NM. Time is granted till next date.
    Adjd. To 01/10/2021 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 01-10-2021
    
    Date: 01-10-2021
    Business: HHJ is on leave
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 29-11-2021
    
    Date: 29-11-2021
    Business: Adv. Shaikh for plaintiff present.
    Adv. Tondwalkar for MCGM present and on her request to file reply to NM, matter is adjd. till next date.
    Matter is adjd to 18/2/2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-02-2022
    
    Date: 18-02-2022
    Business: HHJ is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-03-2022
    
    Date: 21-03-2022
    Business: None for plaintiff.
    Adv Mrs Tondwalkar for defendant / MCGM is present.
    On perusal of Roznama it shows that defendant / MCGM has not filed reply to NM. Inadvertently matter is kept for NM hearing, so be kept for NM reply.
    Adjd. To 13/06/2022 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 13-06-2022
    
    Date: 13-06-2022
    Business: As Court is on leave today, board is discharged.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 05-08-2022
    
    Date: 05-08-2022
    Business: Adv. Boomer for plaintiff present.
    Adv. Mrs. Tondwalkar for defendant/ BMC is present and requested time to file reply to N/M. Time is granted till next date.
    Adjd. to 21/09/2022 for N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 21-09-2022
    
    Date: 21-09-2022
    Business: None for plaintiff.
    Adv. Mrs. Tondwalkar for defendant/ BMC is present and requested time to file reply to N/M. Time is granted till next date.
    Adjd. to 25/11/2022 for N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 25-11-2022
    
    Date: 25-11-2022
    Business: As Court is busy in hearing High Court time bound N/M No.2201/2019 in Suit No.1414/2019. Hence, matter is adjourned.
    Adjd. to 17/02/2023 for N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-02-2023
    
    Date: 17-02-2023
    Business: None for plaintiff.
    Exh.1- Plaint.
    Exh.2 - Vakalatnama of plaintiff\''s advocate.
    Exh.3 - Memorandum of registered address.
    Exh.4 - List of documents.
    Adv. Mr. Suryavanshi for defendant/ BMC is present and tendered reply cum W/S and list of documents, TOR and marked as Exh.5 and Exh.6 respectively. Copies of plaintiff are kept in R and P.
    Adjd. to 15/03/2023 for N/M hrg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-03-2023
    
    Date: 15-03-2023
    Business: None present for plaintiff.
    Adv. Mhatre  h.f. Adv. Suryavanshi for defendant/ BMC is present.
    Adjd. to 21.06.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-06-2023
    
    Date: 21-06-2023
    Business: None present for plaintiff.
    Advocate Suryavanshi for defendant/BMC present.
    None present for plaintiff, NM is pending for hearing. Hence, matter kept for dismissal of NM
    Adjd to 09.08.2023   for  Dismissal of NM
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 09-08-2023
    
    Date: 09-08-2023
    Business: None present for plaintiff
    Advocate Mhatre h/f  Suryavanshi  for defendant/BMC present.
    Adjd to 19.08.2023 for NM dismissal
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 19-08-2023
    
    Date: 19-08-2023
    Business: None present for plaintiff.
    Advocate Mhatre h/f Suryavanshi for defendant/BMC present.
         The suit is of year 2018 and NM No. 1922/18 is pending for heaing since 17.02.2023 and repeatedly adjourned as plaintiff and his adv are absent.  Since last two dates matter is posted for dismissal of NM. However inspite of that none appeared for plaintiff. This shows that plaintiff is not interested to proceed with the NM. Hence I have no option to dismiss NM for want of prosecution. Therefore following order is passed.
    ORDER
    NM No. 1922/2018 is dismissed for default.
    Adjd 21.10.2023 for Hearing on issues
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 21-10-2023
    
    Date: 21-10-2023
    Business: None present for plaintiff
    Advocate Mhatre h/f Suryavanshi for defendant/BMC present.
    Adjd to 02.12.2023   for  Framing issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 02-12-2023
    
    Date: 02-12-2023
    Business: None present for plaintiff.
    Advocate Suryavanshi for defendant/BMC present.
    Exh. 7 – issues framed.
    Adjd  to  15.01.2024     for List of witness and R.E.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 15-01-2024
    
    Date: 15-01-2024
    Business: None present for plaintiff
    Advocate Suryavanshi for defendant/BMC present.
    This first date for filing evidence. Hence matter adjourned
    Today matter for R.E. but wrongly shown caption in Framing issues. Hence corrected the roznama.
    Adjd  to 12.02.2024  for plaintiff evidence/R.E.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 12-02-2024
    
    Date: 12-02-2024
    Business: None present for plaintiff
    Advocate Suryavanshi  for defendant/BMC present.
    Adjd  to 06.03.2024  for  plaintiff evidence /R.E.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 06-03-2024
    
    Date: 06-03-2024
    Business: None present for plaintiff.
    Advocate Jyoti Patil- Mhatre h/f Suryavanshi  for defendant/BMC present.
    issues are framed on 02.12.2023 and matter adjourned to 15.01.2024 and 12.02.2024 for plaintiff evidence but none appeared for plaintiff.  Today none present for plaintiff and suit is of year 2018. Hence matter adjourned and kept for dismissal of suit.
    Adjd  to  16.03.2024    for  suit dismissal
    Next Purpose: SUIT DISMISSAL
    Next Hearing Date: 16-03-2024
    
    Date: 16-03-2024
    Business: None present for plaintiff
    Advocate Jyoti Patil- Mhatre h/f Suryavanshi for defendant/BMC present.
    keep back
    Later on 5.10 p.m
    None present for plaintiff.
    Order below Exh. 1
         Suit is of year 2018, issues are framed 02.12.2023 and matter was adjourned to 15.01.2024, 12.02.2024 and 06.03.2024 for plaintiff evidence but none present for plaintiff. Hence matter was adjourned till today and kept for dismissal of suit but inspite of that today none present for plaintiff. This shows that plaintiff is not interested to proceed with the suit. Hence I pass following order.
    ORDER
    Suit is dismissed under Order IX Rule 8 of Civil Procedure Code.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 16-03-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 105463/2018
    Filing Date: 17-04-2018
    First Hearing Date: 12th July 2018
    Decision Date: 16th March 2024
    Court Number And Judge: 4-COURT 04 AD-HOC JUDGE

    Orders

    2
    Final Order 1
    16 Mar 2024
    Order Details: Other
    Pdf Text: 12 Dt:16.03.2024
    SU 1127/18
    CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
    None present for plaintiff
    Advocate Jyoti Patil- Mhatre h/f Suryavanshi for
    defendant/BMC present.
    keep back
    Later on 5.10 p.m
    None present for plaintiff.
    Order below Exh. 1
    Suit is of year 2018, issues are framed 02.12.2023 and
    matter was adjourned to 15.01.2024, 12.02.2024 and
    06.03.2024 for plaintiff evidence but none present for plaintiff.
    Hence matter was adjourned till today and kept for dismissal of
    suit but inspite of that today none present for plaintiff. This
    shows that plaintiff is not interested to proceed with the suit.
    Hence I pass following order.
    ORDER
    Suit is dismissed under Order IX Rule 8 of Civil Procedure
    Code.
    Judge
    -- 1 of 1 --
    Order 1
    16 Mar 2024
    Order Details: Other
    Pdf Text: 12 Dt:16.03.2024
    SU 1127/18
    CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
    None present for plaintiff
    Advocate Jyoti Patil- Mhatre h/f Suryavanshi for
    defendant/BMC present.
    keep back
    Later on 5.10 p.m
    None present for plaintiff.
    Order below Exh. 1
    Suit is of year 2018, issues are framed 02.12.2023 and
    matter was adjourned to 15.01.2024, 12.02.2024 and
    06.03.2024 for plaintiff evidence but none present for plaintiff.
    Hence matter was adjourned till today and kept for dismissal of
    suit but inspite of that today none present for plaintiff. This
    shows that plaintiff is not interested to proceed with the suit.
    Hence I pass following order.
    ORDER
    Suit is dismissed under Order IX Rule 8 of Civil Procedure
    Code.
    Judge
    -- 1 of 1 --

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