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SUIT - SHORT CAUSE CIVIL SUIT

Smt. Nanda Subhash GaikwadVsSmt. Shobha Shivram Gaikwad +2 more

CNR MHCC01005494201862-COURT 62 AD-HOC ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHER
Decision Date: 16th September 2023

TrustJury record updated 12 Sept 2026

Case Overview

Registration Number
101227/2018
Registration Date
02 May 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    4

    Petitioner

    1. 1Smt. Nanda Subhash Gaikwad

    Respondent

    1. 1Smt. Shobha Shivram Gaikwad
    2. 2Vikas Vibhag Chawl Committee
    3. 3Manager, Vikas Vibhag Chawl

    Acts & Sections

    1
    Hindu Marriage Act · Sec 34 · 37

    Case History / Proceedings

    Case History
    Date: 20-06-2018
Business: None for Plff.
Adjd.for directions on 17.12.2018.
Next Purpose: DIRECTIONS
Next Hearing Date: 17-12-2018

Date: 17-12-2018
Business: None present for both parties.
Adj for directions to 16.02.2019.
Next Purpose: DIRECTIONS
Next Hearing Date: 16-02-2019

Date: 16-02-2019
Business: Adv. Darshana for Plaintiff present.
Issue writ of summons to the Defendant for settlement of issues and filing WS on payment of P.F.
Adj for service to 12.04.2019.
Next Purpose: SERVICE
Next Hearing Date: 12-04-2019

Date: 12-04-2019
Business: Plff and Adv absent.
Deft and Adv absent.
Adj for service to 14.06.2019.
L.O.
Plaintiff is Senior citizen. In view of office order No.66 of 2019 dtd.04.04.2019 and also in view of oral communication from department, present case is to be forwarded to Court Room no.9.
Next Purpose: SERVICE
Next Hearing Date: 14-06-2019

Date: 14-06-2019
Business: Court is busy in hearing argument in respect of Notice of Motion in suit no.8489/93, hence case is adjourned
Next Purpose: SERVICE
Next Hearing Date: 03-09-2019

Date: 03-09-2019
Business: None present for Plaintiff.
Adv. Mr. Desai For Defendant No. 2 and 3 present and submitted that defendant No. 2 and 3 are government agencies. Hence the suit should have been transferred to the court trying state suits.
Plaintiff is directed to file affidavit of service of writ of summons.
Adv. Mr. Desai for defendant No. 2 and 3  is directed to submit application in respect of contentions made by him.
Case is adjourned to  05/10/2019 for service
Next Purpose: SERVICE
Next Hearing Date: 05-10-2019

Date: 05-10-2019
Business: P.O. is on leave
Next Purpose: SERVICE
Next Hearing Date: 16-11-2019

Date: 16-11-2019
Next Purpose: SERVICE
Next Hearing Date: 05-02-2020

Date: 05-02-2020
Business: Advocate Vinayak Phadke for Plaintiff present and filed draft Notice of Motion with affidavit in support of Notice of Motion.  Leave to register Notice of Motion is granted.  Copy of Notice of Motion be served upon other side.  He also sought extension of time to serve writ of summons upon Defendants. O-Time extended till next date.
Advocate Vivek Dubey for Defendant present
Court is busy in recording evidence in suit no.6775/2000 and suit no.641/09, hence case is adjourned to 28/04/2020.
Next Purpose: SERVICE
Next Hearing Date: 28-04-2020

Date: 28-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 19-05-2020

Date: 19-05-2020
Business: Due to Covid 19 pandemic, matters are adjourned as per Office order no.78.2020
Next Purpose: SERVICE
Next Hearing Date: 06-06-2020

Date: 06-06-2020
Business: Case is adjd.to 24.06.20 in view of extension of Lockdown period as per office order no.83/20 dtd.01.06.20
Next Purpose: SERVICE
Next Hearing Date: 24-06-2020

Date: 24-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 21-08-2020

Date: 21-08-2020
Business: Adjd. to 23.09.2020 due to Covid-19.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 23-09-2020

Date: 23-09-2020
Business: Due to heavy rainfall, and Covid-19 it seems that parties not turned to the court, hence adjourned
Next Purpose: SERVICE
Next Hearing Date: 16-12-2020

Date: 16-12-2020
Business: None present for Plaintiffs.
Adv. Bharat Kothari i/b Vinit Jain present for Defendants.
It seems that due to Corona pandemic, parties are absent, hence case is adjourned to 16/02/2021 for service.
Next Purpose: SERVICE
Next Hearing Date: 16-02-2021

Date: 16-02-2021
Business: None present for plff.
Adv Mr. Vivek Dubey h/f Adv Mr. Jain for deft present..
K.B.
L.O. at 5.00 p.m.
Despite granting leave as per order dt.05.02.2020, plff has not got the Notice of Motion registered till date.
Nobody is present for pff today also. Draft NM along with affidavit are available on record. As nobody appeared for the plff despite keeping back the matter till 5.00 p.m., said draft NM is dismissed in default for want of prosecution.
Said NM be got registered for statistical purposes.
Matter is adjd. for affidavit of service of writ of summons to 28.04.2021.
Next Purpose: SERVICE
Next Hearing Date: 28-04-2021

Date: 28-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 25-06-2021

Date: 25-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 01-09-2021

Date: 01-09-2021
Business: None present for both the parties.
Plff has failed to file affidavit of service of writ of summons on deft No.1. Roznama shows that deft Nos.2 and  3 have appeared in the matter through advocate but not filed WS till date.
Matter be kept for order to 22.11.2021.
Next Purpose: ORDER
Next Hearing Date: 22-11-2021

Date: 22-11-2021
Business: None present for both parties.
Despite granting several opportunities, plff has not served deft No.1 with writ of summons hence, suit be kept for dismissal order on next date.
Matter is adjd. for dismissal order to 09.02.2022.
Judge
LO at 1.30 p.m.
Adv. Prashant A. Nakati for the plaintiff present and submitted that defendant No.1 is already served with writ of summons privately. He seeks liberty to serve defendant No.1 with writ of summons through bailiff. Liberty is granted.
Adjourned for service of writ of summons to 09.02.2022.
Next Purpose: SERVICE
Next Hearing Date: 09-02-2022

Date: 09-02-2022
Business: Due to covid-19, matter is adjd.
Next Purpose: SERVICE
Next Hearing Date: 20-04-2022

Date: 20-04-2022
Business: None present for plff.
Adv Mr. Sachin Kadam for deft No.3 present.
Matter is adjd. for service of writ of summons in respect of deft No.1 to 14.07.2022.
Next Purpose: SERVICE
Next Hearing Date: 14-07-2022

Date: 14-07-2022
Business: None present when called.
Registered NM no. 1869/22 is not tendered.
Matter adjd to 05/09/2022  for service affidavit
Next Purpose: SERVICE
Next Hearing Date: 05-09-2022

Date: 05-09-2022
Business: None present for both sides.
Registered NM No.1869/22 is not tendered. Hence, it is dismissed for default.
Matter adjd to 22.11.2022 for service affidavit of writ of summons.
Next Purpose: SERVICE
Next Hearing Date: 22-11-2022

Date: 22-11-2022
Business: None present for both sides. Service affidavit is not filed.
Matter adjd to 17.02.2023 for filing service affidavit as last chance.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-02-2023

Date: 17-02-2023
Business: None present.
Matter adjd to 08-06-2023 for Dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 08-06-2023

Date: 08-06-2023
Business: None for plaintiff
Adv. Sachin Kadam for defendants no. 2 and 3 present and submitted that he would file vakalatnama on the next date of hearing.
None for defendant no. 1.
From the perusal of the roznama it appears that the plaintiff has not filed affidavit of service of writ of summons of defendant no. 1. Since last several dates nor has she taken steps to serve writ of summon on defendant no. 1. Hence, the suit will have to be dismissed against defendant no. 1. The defendant no. 2 and 3 entered appearance in the matter, they have not filed written statement within the prescribed period hence, suit to proceed without written statement of defendants no. 2 and 3.
Matter is adjd.to 27-07-2023 for steps by plaintiff
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 27-07-2023

Date: 27-07-2023
Business: Exh. 1 - Plaint
Exh. 2 - Vakalatnama
Exh. 3 - Memorandum of address.
Exh. 4 - List of Document.
Adv. Prashant Nakti for plaintiff present.
Adv. Sachin Kadam for defendant no. 2 and 3  present and filed Memo of appearance on behalf of defendant t.o.r. marked as Exh.5
The Ld. Counsel for  plaintiff would seek to issue fresh suit summons to defendants no. 1  since the previous writ of summons is not traceable. Writ of suit summons be issue to defendants no. 1 as prayed for by the plaintiffs counsel.
Matter is adjd.to 06-09-2023 for writ of summons and service affidavit by the plaintiff.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 06-09-2023

Date: 06-09-2023
Business: None for plaintiff.
None for defendant
Matter is adjd.to 16-09-2023 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 16-09-2023

Date: 16-09-2023
Business: None for plaintiff.
None for defendant
From the perusal of the roznamas , it appears that  the plaintiff is not taking steps diligently in the matter since long and thus she has lost interest in prosecuting the suit against the defendant. I would thus see no justification to keep the suit pending any more but to dismiss it for default. The suit stands dismissed accordingly.
Nature Of Disposal: OTHER
Disposal Date: 16-09-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 106025/2018
Filing Date: 23-04-2018
First Hearing Date: 20th June 2018
Decision Date: 16th September 2023
Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1
    16 Sept 2023
    Order Details: Other
Pdf Text: Back
Daily Status
IN THE COURT OF :COURT 62 ADDL SESSIONS JUDGE
Case No. :SUIT/0101227/2018
Smt. Nanda Subhash Gaikwad Vs 1.Smt. Shobha Shivram Gaikwad 2.Vikas Vibhag Chawl
Committee 3.Manager, Vikas Vibhag Chawl
Date : 16-09-2023
Business : None for plaintiff. None for defendant From the perusal of the
roznamas , it appears that the plaintiff is not taking steps
diligently in the matter since long and thus she has lost interest
in prosecuting the suit against the defendant. I would thus see
no justification to keep the suit pending any more but to
dismiss it for default. The suit stands dismissed accordingly.
Nature of Disposal : OTHER
Disposal Date : 16-09-2023
COURT 62 ADDL SESSIONS JUDGE
Print
-- 1 of 1 --
    Order 1
    16 Sept 2023
    Order Details: Other
Pdf Text: Back
Daily Status
IN THE COURT OF :COURT 62 ADDL SESSIONS JUDGE
Case No. :SUIT/0101227/2018
Smt. Nanda Subhash Gaikwad Vs 1.Smt. Shobha Shivram Gaikwad 2.Vikas Vibhag Chawl
Committee 3.Manager, Vikas Vibhag Chawl
Date : 16-09-2023
Business : None for plaintiff. None for defendant From the perusal of the
roznamas , it appears that the plaintiff is not taking steps
diligently in the matter since long and thus she has lost interest
in prosecuting the suit against the defendant. I would thus see
no justification to keep the suit pending any more but to
dismiss it for default. The suit stands dismissed accordingly.
Nature of Disposal : OTHER
Disposal Date : 16-09-2023
COURT 62 ADDL SESSIONS JUDGE
Print
-- 1 of 1 --

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