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SUIT - SHORT CAUSE CIVIL SUIT

Janta Seva Sangh Through Harish Jaysingh RathodVsMCGM +1 more

CNR MHCC0100542820204-COURT 04 AD-HOC JUDGE
Fort, City Civil Court
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 28th August 2023

TrustJury record updated 30 Sept 2026

Case Overview

Registration Number
100058/2021
Registration Date
14 Jan 2021

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    Specific Relief Act · Sec 34 · 37

    Case History / Proceedings

    Case History
    Date: 04-02-2021
    Business: None for plaintiff.
    Matter adjd to 09/04/2021 for Directions.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 09-04-2021
    
    Date: 09-04-2021
    Business: Due to Covid-19 SOP, matter is adjourned till next date.
    Matter adjd to 21/06/2021.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 21-06-2021
    
    Date: 21-06-2021
    Business: Due to Covid-19 pandemic, matter is adjourned.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 25-08-2021
    
    Date: 25-08-2021
    Business: HHJ is on leave
    Next Purpose: DIRECTIONS
    Next Hearing Date: 22-10-2021
    
    Date: 22-10-2021
    Business: None for plaintiff, therefore he is directed to take steps to proceed with the matter, otherwise further order will be passed.
    Adjd. To 06/12/2021 for directions.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 06-12-2021
    
    Date: 06-12-2021
    Business: None for plaintiff, therefore he is directed to take steps to proceed with the matter, otherwise further order will be passed.
    Matter is adjd to 11/04/2022 for directions.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 11-04-2022
    
    Date: 11-04-2022
    Business: None for plaintiff.
    Adjd. To 18/07/2022 for directions.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 18-07-2022
    
    Date: 18-07-2022
    Business: None for plaintiff.
    Adjd. to 26/09/2022 for service of writ of summons.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 26-09-2022
    
    Date: 26-09-2022
    Business: None for plaintiff.
    Suit has been filed in the year 2020 and pending for filing affidavit of writ of summons. However, plaintiff and his advocate absent and not filed affidavit of writ of summons. Hence, put up for dismissal order.
    Adjd. to 19/11/2022 for dismissal of suit.
    Next Purpose: SUIT DISMISSAL
    Next Hearing Date: 19-11-2022
    
    Date: 19-11-2022
    Business: None for plaintiff.
    Adv. Mrs. Rawade for defendant/ BMC is present.
    K.B. for dismissal of suit.
    L.O.
    Same appearance.
    Due to paucity of time, matter is adjourned.
    Adjd. to 03/12/2022 for dismissal of suit.
    Next Purpose: SUIT DISMISSAL
    Next Hearing Date: 03-12-2022
    
    Date: 03-12-2022
    Business: Court is on leave.
    Next Purpose: SUIT DISMISSAL
    Next Hearing Date: 17-12-2022
    
    Date: 17-12-2022
    Business: As Court is on leave today, board is discharged.
    Next Purpose: SUIT DISMISSAL
    Next Hearing Date: 20-01-2023
    
    Date: 20-01-2023
    Business: Court is on leave.
    Next Purpose: SUIT DISMISSAL
    Next Hearing Date: 24-02-2023
    
    Date: 24-02-2023
    Business: None for plaintiff.
    Adv. Mr. Suryavanshi for defendant/ BMC is present.
    Suit is of year 2020. It appears that since filing of suit neither plaintiff not his advocate remains present. The plaintiff has not filed affidavit of service or writ of summons. On 26/09/2022 suit was adjourned and kept for dismissal. Thereafter matte was adjourned time to time but none appeared for the plaintiff today none present for the plaintiff. Hence, matter is adjourned.
    Adjd. to 03/04/2023 for service of writ of summons/ dismissal of suit.
    Next Purpose: SUIT DISMISSAL
    Next Hearing Date: 03-04-2023
    
    Date: 03-04-2023
    Business: None for plaintiff.
    Adjd. to 09/06/2023 for dismissal order for want of service of writ of summons.
    Next Purpose: SUIT DISMISSAL
    Next Hearing Date: 09-06-2023
    
    Date: 09-06-2023
    Business: None present for plaintiff.
    Adv. Shri. Suryavanshi for defendant/ BMC is present.
    Adjd. to   17.07.2023 for dismissal of suit.
    Next Purpose: SUIT DISMISSAL
    Next Hearing Date: 17-07-2023
    
    Date: 17-07-2023
    Business: None for plaintiff
    Advocate Suryavanshi for defendant/BMC present.
    Adjd for dismissal of suit to 28/08/2023.
    Next Purpose: SUIT DISMISSAL
    Next Hearing Date: 28-08-2023
    
    Date: 28-08-2023
    Business: None present for plaintiff.
    Suit is filed in the year 2020. Plaintiff is directed to take steps to serve writ of summons to defendant. However plaintiff and his Advocate did not remains present since filing of the suit. The plaintiff has not filed writ of summons or affidavit of service. Therefore by order dated 24.02.2023 suit was kept for dismissal and adjourned. Inspite of none appeared for the plaintiff. Plaintiff has not complied the order and not taken steps to serve the writ of summons. Therefor I pass following order.
    ORDER
    Suit is dismissed for want of prosecution.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 28-08-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 105928/2020
    Filing Date: 03-12-2020
    First Hearing Date: 04th February 2021
    Decision Date: 28th August 2023
    Court Number And Judge: 4-COURT 04 AD-HOC JUDGE

    Orders

    1
    Final Order 1
    28 Aug 2023
    Order Details: Other
    Pdf Text: 2 Dt:28.08.2023
    SU 58/21
    CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
    None present for plaintiff.
    Suit is filed in the year 2020. Plaintiff is directed to take
    steps to serve writ of summons to defendant. However
    plaintiff and his Advocate did not remains present since filing
    of the suit. The plaintiff has not filed writ of summons or
    affidavit of service. Therefore by order dated 24.02.2023 suit
    was kept for dismissal and adjourned. Inspite of none
    appeared for the plaintiff. Plaintiff has not complied the
    order and not taken steps to serve the writ of summons.
    Therefor I pass following order.
    ORDER
    Suit is dismissed for want of prosecution.
    Judge
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