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SUIT - SHORT CAUSE CIVIL SUIT

Dipak Harjivandas ShahVsKetan Himatlal Shah +8 more

CNR MHCC0100549220199-COURT 09 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 15th June 2024

TrustJury record updated 20 Sept 2026

Case Overview

Registration Number
102393/2019
Registration Date
03 Sept 2019

Advocates

1

For Respondent

    Not available

    Parties

    10

    Acts & Sections

    1
    Hindu Marriage Act · Sec 34 · 39

    Case History / Proceedings

    Case History
    Date: 24-09-2019
    Business: Adv. Mr. S.K. Pise for the Plaintiff present.
    Defendant-1 present.
    Adv. Sachin Kadam for State/deft present.
    As the Court is busy in recording evidence in SU 875/11 and 2201/10, hence, board discharged.
    Matter is adjd. to 18.11.2019.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 18-11-2019
    
    Date: 18-11-2019
    Business: Adv. Pallavi Gaikwad for plaintiff present.
    Adv. Sachin Kadam for defendant no. 9 present.
    Adv. Ketan Shah  defendant no.1 present.
    Plaint.
    Vakalatnama in Plaint.
    Memorandum of address.
    He tendered written statement t.o.r.
    Adjd to 04/01/2020.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 04-01-2020
    
    Date: 04-01-2020
    Business: Adv. Shahin Sayyad for plaintiff is present.  She seeks time for tendering affidavit of service. O Granted as a last chance.
    Adv. Neha Tikam h/f Adv. Sachin Kadam  for defendant no. 9 is present.
    Matter is adjd.  for proof of service  to 17/02/2020 .
    Next Purpose: SERVICE
    Next Hearing Date: 17-02-2020
    
    Date: 17-02-2020
    Business: Adv. Shahin Sayyad  for plaintiff is present. She seeks time for tendering affidavit of service. O granted
    Adv. Kapse h/f Sachin  Kadam  for defendant no. 9 is present.
    Defendant no.1 is present.
    Matter is adjd.for proof of service to 22/04/2020.
    Next Purpose: SERVICE
    Next Hearing Date: 22-04-2020
    
    Date: 22-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SERVICE
    Next Hearing Date: 13-05-2020
    
    Date: 13-05-2020
    Next Purpose: SERVICE
    Next Hearing Date: 02-06-2020
    
    Date: 02-06-2020
    Next Purpose: SERVICE
    Next Hearing Date: 19-06-2020
    
    Date: 19-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SERVICE
    Next Hearing Date: 21-10-2020
    
    Date: 21-10-2020
    Business: Due to lockdown because of Covid-19, board is discharged and as per SOP only urgent matters are taken up.
    Next Purpose: SERVICE
    Next Hearing Date: 12-02-2021
    
    Date: 12-02-2021
    Business: Adv. Mr.  S. K. Pise for the plaintiff.
    Adv. Mr. Kudalkar for the defendant No.9.
    On oral request of the ld advocate for the plaintiff, matter is adjd. to 20/04/2021 for service of summons.
    Next Purpose: SERVICE
    Next Hearing Date: 20-04-2021
    
    Date: 20-04-2021
    Business: Deu to Covid-19
    Next Purpose: SERVICE
    Next Hearing Date: 15-07-2021
    
    Date: 15-07-2021
    Business: Due to COVID-19
    Next Purpose: SERVICE
    Next Hearing Date: 08-09-2021
    
    Date: 08-09-2021
    Business: Court is on leave.
    Next Purpose: SERVICE
    Next Hearing Date: 22-11-2021
    
    Date: 22-11-2021
    Business: court is on Leave.
    Next Purpose: SERVICE
    Next Hearing Date: 18-01-2022
    
    Date: 18-01-2022
    Business: Due to SOP only urgent matters are taken up.
    Matter is adjd. to 06.04.2022 for Service.
    Next Purpose: SERVICE
    Next Hearing Date: 06-04-2022
    
    Date: 06-04-2022
    Business: Adv. Pallavi Gaikwad for plaintiff present.
    Adv. Kadam h/f Adv. Kapase for State present.
    As Court is busy in hearing argument in SU 1404/17 and recording evidence in SU 2376/09. Hence board discharged.
    Matter is adjd. to 20-06-2022 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 20-06-2022
    
    Date: 20-06-2022
    Business: None present for parties
    Perusing record it is appears that matter is for service of summons on 12/01/2021 but plaintiff failed to file service affidavit after giving sufficient authority. Plaintiff is directed to file service affidavit on or before next date. Failing which suit will be dismissed.
    Matter is adjd.to 16-07-2022  for  service affidavit
    Next Purpose: SERVICE
    Next Hearing Date: 16-07-2022
    
    Date: 16-07-2022
    Business: Adv. Pallavi Gaikward for plaintiff present and she submitted that plaintiff is senior citizen so he is unable to attend the court, Hence seeks time for filing service affidavit. O- Time granted.
    Adv. Kapse for deft.no. 9 present.
    Matter is adjd. to 29.08.2022 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 29-08-2022
    
    Date: 29-08-2022
    Business: As Court is busy in dictating order on Exh.85 in Suit No. 1055/08, MA - 53/22 and order of ad-interim relief in Stamp No. 9318/22.
    Hence board is discharged.
    Matter is adjd. to 26.09.2022 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 26-09-2022
    
    Date: 26-09-2022
    Business: court is on leave
    Next Purpose: SERVICE
    Next Hearing Date: 21-11-2022
    
    Date: 21-11-2022
    Business: Adv. S. K. Pise for plaintiff present and seeking time for filing service affidavit. Time granted.
    Advocate Mr. Khatib for the State/defendant No.9 present and seeking time for filing WS.
    Matter is adjd. to 23.01.2023 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 23-01-2023
    
    Date: 23-01-2023
    Business: Adv. S.K. Pise for plaintiff present and seeking time for filing affidavit of service. Time granted.
    Adv Sachin Kadam for state/deft. present.
    Matter is adjourned to 06.03.2023 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 06-03-2023
    
    Date: 06-03-2023
    Business: Court is on leave. Hence, board is discharged.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 24-04-2023
    
    Date: 24-04-2023
    Business: Adv. Shahin Sayyad h/f Adv. S.K. Pise for Plaintiff present.
    Adv. Siddharth h/f Adv. Sachin Kadam for defendant/State present.
    As Court is busy in hearing arguments in NM No. 3592/22 in Suit No. 3020/2008 and Suit No. 2695/2019 and Misc. Application No. 05/2023 in Disposed of Suit No. 2810/09. Hence, board is discharged.
    Matter is adjourned to 24.07.2023 for Affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 24-07-2023
    
    Date: 24-07-2023
    Business: None present for the plaintiff.
    Defendant No. 1 is present.
    Matter is adjourned to 29.09.2023 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 29-09-2023
    
    Date: 29-09-2023
    Business: None present for the plaintiff.
    Defendant No. 1 is present.
    It appears form roznama that since many dates matter is adjourned for affidavit of service. It appears that plaintiff is not proceeding with the matter by taking necessary steps. Hence, plaintiff is directed to take necessary steps, failing which further order will follow.
    Matter is adjourned to 20.12.2023 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 20-12-2023
    
    Date: 20-12-2023
    Business: None present for the plaintiff.
    Defendant No. 1 is present.
    Adv. Mr. Krishna Yadav h/f Adv. Sachin Kadam for defendant No. 9/State is present.
    It appears from the roznama that plaintiff is not taking steps into the matter since many dates. Hence, plaintiff is directed to proceed with the matter, failing which matter will be kept for dismissal.
    Matter is adjourned to 11.03.2024 for affidavit of service/dismissal.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 11-03-2024
    
    Date: 11-03-2024
    Business: None for plaintiff.
    Defendant no.1 is present.
    It appears that plaintiff is absent since many dates. He is not proceeding with matter by taking necessary steps. Hence, matter is kept for order of dismissal.
    Matter is adjourned to 15.06.2024 for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 15-06-2024
    
    Date: 15-06-2024
    Business: None for the plaintiff.
    Adv. Sachin Kadam for defendant No.9 /State is present.
    Plaintiff is absent since 24.07.2023. Matter is 5 year old. Hence, suit is dismissed in default for non appearance of plaintiff.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 15-06-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 105978/2019
    Filing Date: 04-06-2019
    First Hearing Date: 24th September 2019
    Decision Date: 15th June 2024
    Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    15 Jun 2024
    Order Details: Other
    Pdf Text: None for the plaintiff. Adv. Sachin Kadam for defendant No.9 /State is present. Plaintiff is absent since 24.07.2023. Matter is
    5 year old. Hence, suit is dismissed in default for non appearance of plaintiff.
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