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SUIT - SHORT CAUSE CIVIL SUIT

Mrs. Deepali Sanjay Bhosale +13 moreVsMCGM +1 more

CNR MHCC0100548120194-COURT 04 AD-HOC JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 20th April 2024

TrustJury record updated 20 Sept 2026

Case Overview

Registration Number
101906/2019
Registration Date
04 Jul 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    16

    Acts & Sections

    1
    Hindu Marriage Act · Sec 38 · 39

    Case History / Proceedings

    Case History
    Date: 29-08-2019
    Business: As P.O. is on training at Uttan, matter is adjd. till next date.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 06-11-2019
    
    Date: 06-11-2019
    Business: Adv.   Kapil Shetye  for plaintiff present and tendered original registered N/M no. 3959/19.
    Adv. Mrs. D.D. Patil for Deft/MCGM present.
    On oral request of advocate for Defendant, adjournment granted
    Earlier order, if any, to continue till next date.
    Adjd to  13-01-2020 for N/M reply .
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 13-01-2020
    
    Date: 13-01-2020
    Business: Adv. Kapil Shetye for plaintiff present.
    Adv. Mrs. Patil for MCGM/Defendant present.
    Earlier order, if any, to continue till next date.
    Adjd to  21.02.2020 for NM reply .
    Next Purpose: REPLY
    Next Hearing Date: 21-02-2020
    
    Date: 21-02-2020
    Business: Adv.Kapil Shetye for plaintiff present.
    Adv. Khandagle for MCGM/Deft. present.
    Application moved by defendant order 7 rule 11 of CPC to plaintiff.
    Mr.Sushil Sawant Grade Supervisor, M/E Ward, MCGM present.
    Matter adjd to 08.04.2020 for Say on Exh/NM hrg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-03-2020
    
    Date: 17-03-2020
    Business: NOB.TOB. By precipe.
    Adv Mr. Kapil Shetye for the plaintiff present.
    Adv Mr. Patil h/f Adv Mr. Khandagale for Defendant/MCGM present.
    On oral request of Adv for plaintiff, earlier order, if any, to continue till next date.
    Authenticated copy of Roznama be supplied to both sides.
     Matter already adjd to 08.04.2020 for filing say on Exh./NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-04-2020
    
    Date: 08-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-04-2020
    
    Date: 20-04-2020
    Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No.77 of 2020 matter adjourned.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-05-2020
    
    Date: 30-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-06-2020
    
    Date: 17-06-2020
    Business: Adjd to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-08-2020
    
    Date: 21-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-11-2020
    
    Date: 02-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-01-2021
    
    Date: 20-01-2021
    Business: (Matter pertains to C.R.No.8)
    Adv.Ms.Shanti Masugale h/f Adv.Kapil Shetty for plaintiff present.
    Adv Khandagale for Defendant /MCGM  present.
    Earlier order, if any, to continue till next date.
    Matter adjd to 22/02/2021 for Say of Exhibit - 2 / N/M Hrg.
                                                                                          Judge
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-02-2021
    
    Date: 22-02-2021
    Business: (Matter pertains to C.R.No.08)
    Adv. Ms. Sweety Masugale h/f Adv. Kapil Shette for plaintiff present.
    Adv. Khandagale for deft/MCGM present.
    Earlier order, if any, to continue till next date.
    Matter adjd to 07/04/2021 for Say on Exh.2/NM Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-04-2021
    
    Date: 07-04-2021
    Business: None for plaintiff.
    None for deft/MCGM.
    Earlier order, if any, to continue till next date.
    Matter adjd to 18/06/2021 for filing Say by plaintiff on Exh.2/NM Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-06-2021
    
    Date: 18-06-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-08-2021
    
    Date: 11-08-2021
    Business: Adv Kapil Shetye for plaintiff present.
    Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
    On oral request of advocate for defendant / MCGM to file reply to Exh.2 and NM, matter is adjourned till next date.
    Earlier order, if any, to continue till next date.
    Adjd. To 17/09/2021 for reply on Exh.2 / NM.
    Next Purpose: REPLY
    Next Hearing Date: 17-09-2021
    
    Date: 17-09-2021
    Business: Adv Kapil Shetye for plaintiff present and seeks time to file reply on Exh.2.
    Adv Smita Chavan h/f Adv Mrs Tondwalkar for defendant/ MCGM present and seeks time to file reply to NM. Time is granted till next date.
    Defendant / MCGM is also directed to file reply on next date.
    Adjd. To 20/10/2021 for reply on Exh.2 by plaintiff / filing reply to NM by defendant / MCGM.
    Next Purpose: REPLY
    Next Hearing Date: 20-10-2021
    
    Date: 20-10-2021
    Business: Advocate Ms. Shruti for plaintiff is present and tendered reply to Exh.02. It is marked as Exh.2A. Copy served on defendant /MCGM.
    Advocate Tondvalkar for deft./MCGM is present.
    Earlier order, if any, to continue till next date.
    Adjourned for hearing on Exh.02/NM reply to 24.11.2021.
    Next Purpose: HEARING
    Next Hearing Date: 24-11-2021
    
    Date: 24-11-2021
    Business: Adv. Kapil Shetye for Plaintiff present.
    Adv. Mrs. Tondwalkar for Defendant/MCGM is present and filed reply to NM No. 3959/19. Copy is supplied to the Plaintiff.
    Earlier order, if any, to continue till next date.
    Matter is adjd to 19/01/2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-01-2022
    
    Date: 19-01-2022
    Business: In view of office order no.7/2022 dated 07.01.2022 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06.01.2022 of Hon\''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s.
    Earlier order, if any, to continue till next date.
    Adjd. to 11/03/2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-03-2022
    
    Date: 11-03-2022
    Business: None for plaintiff.
    Adv Mrs Tondwalkar for defendant / MCGM is present.
    Today matter is kept for NM hearing. But neither plaintiff nor his advocate present. It shows that plaintiff is not interested to proceed with the NM, hence NM be kept for dismissal.
    Earlier order, if any, to continue till next date.
    Adjd. To 08/04/2022 for NM dismissal.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 08-04-2022
    
    Date: 08-04-2022
    Business: HHJ is on leave.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 27-04-2022
    
    Date: 27-04-2022
    Business: None for Plaintiff.
    Adv Mrs Tondwalkar for defendant / MCGM is present.
    Adjd. To 04/07/2022 for NM dismissal.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 04-07-2022
    
    Date: 04-07-2022
    Business: H.H.J. is on leave today.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 16-07-2022
    
    Date: 16-07-2022
    Business: None for plaintiff.
    None for defendant/ MCGM.
    Adjd. to 20/08/2022 for N/M dismissal.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 20-08-2022
    
    Date: 20-08-2022
    Business: None for Plaintiff.
    Adv. Mrs. Rawade h/f Adv. Mrs. Tondwalkar for defendant / MCGM is present.
    Following is order is passed on N/M No. 3959/2019-
    O R D E R
           N/M is more than 3 years old and it is pending since long for hearing. The roznama shows that plaintiff and his advocate did not remain present since many dates. It appears that plaintiff is not interested to proceed with the N/M. Hence, I passed following order-
    O R D E R
    Notice of Motion No. 3959/2019 is dismissed for default.
    Adjd. to 26/09/2022 for W/S.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 26-09-2022
    
    Date: 26-09-2022
    Business: None for plaintiffs.
    Adv. Mrs. Tondwalkar for defendant/ BMC is present and submitted that reply to original N/M be treated as W/S.
    O - Reply to original N/M is treated as W/S, and marked as Exh.3.
    Adjd. to 05/11/2022 for draft issues.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 05-11-2022
    
    Date: 05-11-2022
    Business: Court is on leave.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 10-12-2022
    
    Date: 10-12-2022
    Business: None for plaintiffs.
    None for defendant/ BMC.
    Draft issues not tendered by both the parties. Hence, matter is adjourned for framing issues.
    Adjd. to 18/02/2023 for framing issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 18-02-2023
    
    Date: 18-02-2023
    Business: None for plaintiff.
    Adv. Mrs. Mhatre  h.f. Adv. Om Suryawanshi for defendant/ BMC is present.
    K.B.
    L.O.
    Same appearance.
    As Court is busy in hearing ad-interim relief and passing orders thereon, matter is adjourned.
    Adjd. to 01/04/2023 for framing issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 01-04-2023
    
    Date: 01-04-2023
    Business: None for plaintiff.
    Adv. Mr. Suryavanshi for defendant / BMC is present.
    Adjd. to 15/07/2023 for framing issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 15-07-2023
    
    Date: 15-07-2023
    Business: None present for plaintiff.
    Advocate Mhatre for defendant /BMC present.
    Adjd to  02.09.2023  for Framing issues
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 02-09-2023
    
    Date: 02-09-2023
    Business: None present for plaintiff
    Advocate  Suryavanshi  for defendant/BMC present.
    Adjd  to 08.09.2023  for Framing issues
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 08-09-2023
    
    Date: 08-09-2023
    Business: Court is on leave
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 27-09-2023
    
    Date: 27-09-2023
    Business: None present for plaintiff
    Advocate Suryavanshi  for defendant/BMC present.
    Exh. 4 Issues framed
    Adjd  to 13.12.2023    for list of witness  and R.E.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 13-12-2023
    
    Date: 13-12-2023
    Business: None for plaintiff
    Advocate Mr. Suryavanshi for defendant/BMC present
    Today is the first date for filing evidence. Hence adjourned
    Adjd  to 21/2/2024 for plaintiff’s evidence.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 21-02-2024
    
    Date: 21-02-2024
    Business: None present for plaintiff
    Advocate  Suryavanshi for defendant/BMC present.
    This is second date for filing evidence. Hence matter adjourned
    Adjd  to   15.03.2024   for  plaintiff evidence/R.E
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 15-03-2024
    
    Date: 15-03-2024
    Business: None present for plaintiff
    Advocate Suryavanshi  for defendant/BMC present.
    Today third date for plaintiff evidence but roznama shows that since many dates neither plaintiff nor his Adv remains present. Hence matter adjourned and kept for dismissal of suit.
    Adjd  to  20.04.2024    for suit dismissal.
    Next Purpose: SUIT DISMISSAL
    Next Hearing Date: 20-04-2024
    
    Date: 20-04-2024
    Business: None present for plaintiff.
    Advocate Mhatre h/f Suryvanshi for defendant/BMC present.
          Today suit is posted for dismissal for want of prosecution. The issues are framed on 27.09.2023 and suit repeatedly adjourned for evidence of plaintiff. The roznama shows that neither plaintiff nor her Adv remains present. hence today suit is kept for dismissal of suit inspite of that 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: 20-04-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 105965/2019
    Filing Date: 04-06-2019
    First Hearing Date: 29th August 2019
    Decision Date: 20th April 2024
    Court Number And Judge: 4-COURT 04 AD-HOC JUDGE

    Orders

    1
    Final Order 1
    20 Apr 2024
    Order Details: Other
    Pdf Text: 13 Dt:20.04.2024
    SU 1906/19
    CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
    None present for plaintiff.
    Advocate Mhatre h/f Suryvanshi for defendant/BMC
    present.
    Today suit is posted for dismissal for want of
    prosecution. The issues are framed on 13.12.2023 and suit
    repeatedly adjourned for evidence of plaintiff. The roznama
    shows that neither plaintiff nor her Adv remains present.
    hence today suit is kept for dismissal of suit inspite of that
    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
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