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
1For Petitioner
For Respondent
Not available
Parties
10Acts & Sections
1Hindu 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
1Final Order 115 Jun 2024
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. -- 1 of 1 --
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