SUIT - SHORT CAUSE CIVIL SUIT
Smt. Shailaja Padmanabha PillaiVsMr. S. Bhargavan Pillai
CNR MHCC0100583020181-COURT 01 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 10th April 2023
TrustJury record updated 12 Sept 2026
Case Overview
- Registration Number
- 101248/2018
- Registration Date
- 04 May 2018
Advocates
1For Petitioner
For Respondent
Not available
Parties
2Petitioner
Respondent
Acts & Sections
1Hindu Marriage Act · Sec 34 · 37
Case History / Proceedings
Case History
Date: 22-06-2018
Business: Adv. for plff. present.
Deft. and his adv. absent.
Matter is adjd. to 27.06.2018 for Wr/sum / reply to N/M.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 27-06-2018
Date: 27-06-2018
Business: Adv. for plff. present.
Deft. and his adv. absent.
Service affd. of N/M No.2353/18 filed by adv. for plff. t.o.r.
Kb 2.45
Adv. Ayush Sharma for plff. present.
Deft. and his adv. absent.
Plff. to take steps to serve the N/M through bailiff.
Earlier order to continue till next date.
Matter is adjd. to 12.09.2018 for N/M service.
Next Purpose: SERVICE
Next Hearing Date: 12-09-2018
Date: 12-09-2018
Business: Adv. for plff. present.
Adv. for deft. absent.
On request of adv. plff. date extended for service of writ of summons through bailiff.
Matter is adjd. to 10.10.18. for report of service of N.M and writ of summons.
Next Purpose: SERVICE
Next Hearing Date: 10-10-2018
Date: 10-10-2018
Business: Adv. for plff present.
deft. and his adv. absent.
Adv. for plff. filed registered N/M No.2353/18 along with affd. t.o.r
Exh.3 Service affd. filed by adv. for plff. t.o.r.
The said report shows that the D/2 as refused to accept the writ of summons and N/M. Hence the D/2 deemed to have been served. D/2 has failed to appear. hence, the proceeded exparte against D/2. On the request of plff. substitute about pasting of writ of summons and N/M on D/1 is allowed if, the bailiff finds that nobody is present to accept the service.
Matter is adjd. to. 11.01.2019 for report of service of D/1.
E.O. to continue till next date.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 11-01-2019
Date: 11-01-2019
Business: Adv. Ayush Sharma for plff. present.
deft. and his adv. absent.
On request of Adv. for plff. Time is extended for service of writ of summons and N/M as directed earlier. Matter is adjd. to. 28.01.2019 for report of service of D/1 and hearing on N/M No.2353/18.
E.O. to continue till next date.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 28-01-2019
Date: 28-01-2019
Business: (In charge of C.R. NO.4 )
Adv. Desai for plaintiff present.
The earlier order to continue till next date.
Matter adj to 01.03.2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 01-03-2019
Date: 01-03-2019
Business: Adv. Rohan for plff. present.
deft. and his adv. absent.
As court is busy in administrative work and RTI Application 06/19. Matter is adjd. to. 22.03.2019 for report of service of D/1 and hearing on N/M No.2353/18
E.O. to continue till next date.
Next Purpose: SERVICE
Next Hearing Date: 22-03-2019
Date: 22-03-2019
Business: Matter is adjd. to 01.07.2019 for Report of Service on D-1.
Next Purpose: SERVICE
Next Hearing Date: 01-07-2019
Date: 01-07-2019
Business: court is vacant.
Next Purpose: SERVICE
Next Hearing Date: 21-08-2019
Date: 21-08-2019
Business: court is vacant
Next Purpose: SERVICE
Next Hearing Date: 05-10-2019
Date: 05-10-2019
Business: Court is vacant, hence board is discharge.
Next Purpose: SERVICE
Next Hearing Date: 22-11-2019
Date: 22-11-2019
Business: None for plff.
Since plff remain absent, last chance is granted for service of writ of summons and as well as N/M upon deft no. 1 and hearing on N/M No.2353/18 to 31.01.2020.
Earlier Order, if any, to continue till the next date.
Next Purpose: SERVICE
Next Hearing Date: 31-01-2020
Date: 31-01-2020
Business: None for plaintiff.
None for defendants.
Plaintiff has not taken steps to serve writ of summons to the defendant. Hence, kept for dismissal on next date.
LO
Adv. Hardik Desai for plaintiff present.
Upon oral request of Ld. adv. for plaintiff time extended till next date for service of writ of summons through pasting.
Earlier order, if any, to continue till next date.
Adjd to 17-03-2020 for Service/dismissal.
Next Purpose: SERVICE
Next Hearing Date: 17-03-2020
Date: 17-03-2020
Business: None present.
Adjourned for filing service affidavit.
The matter is adjd for affidavit of service to 15.06.2020.
L.O.
Adv. Prit Chawda for plaintiff present.
The matter is already adjd for affidavit of service to 15.06.2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 15-06-2020
Date: 15-06-2020
Business: In view of declaration of Novel Corona Virus (COVID 19 as Global Pandemic by WHO and Office Orders, matter is adjourned.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 21-09-2020
Date: 21-09-2020
Business: Both the parties are absent. Due to Covid-19, the matter is adjourned for affidavit of service to 02.12.2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 02-12-2020
Date: 02-12-2020
Business: Adv. Hardik Desai for plaintiff present.
None for deft.
EXH.7 Application for service of writ of summons and N/M to deft. no.1.
O. - Read application. Heard. On perusal of record, it appears that the order was passed on 15.10.2019 and thereby, plaintiff was permitted to serve deft. no.1 by pasting writ of summons and N/M at his last known premises through bailiff. Ld. Counsel for plaintiff submitted that the plaintiff could not comply the said order. In the interest of justice, the order dated 05.10.2019 is extended for compliance. Application (Exh.7) is disposed of accordingly.
Earlier order, if any, to continue till next date.
The matter is adjd for compliance to 05.02.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 05-02-2021
Date: 05-02-2021
Business: Adv. Hardik Desai for pltff present.
None for deft.
Application for service of writ of summons and N/m to deft no.1.
Order – Read application last chance is granted to plaintiff to comply the order dtd 05.10.2019.
Earlier order, if any, to continue till next date.
The matter is adjd for the service report to .12.04.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 12-04-2021
Date: 12-04-2021
Business: As it was declared holiday by Hon''ble High Court due to Covid-19, the matter is adjd
Next Purpose: COMPLIANCE
Next Hearing Date: 29-06-2021
Date: 29-06-2021
Business: As P.O is for conducting the training programme and assessing the performance of the Potential Trainer for 40 hrs Online Mediation Training Programme for the Judicial Officers scheduled to be held from 21st to 25th June and 28th to 30th June,2021.
Matter adjd to
Next Purpose: COMPLIANCE
Next Hearing Date: 25-08-2021
Date: 25-08-2021
Business: Adv. Hardik Desai for plff is present.
None for deft.
Earlier order if any to continue till next date.
Matter adjd to 18.10.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 18-10-2021
Date: 18-10-2021
Business: As per Order No.213 of 2021 dated 12.10.2021 hereby declared holiday on 18.10.2021. Matter is adjd to 27.11.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 27-11-2021
Date: 27-11-2021
Business: P.O. is on leave. Matter adjd to
Next Purpose: COMPLIANCE
Next Hearing Date: 07-02-2022
Date: 07-02-2022
Business: As per Office Order No. ''27 of 2022'', to mourn the sad demise of veteran singer Bharat Ratna Lata Mangeshkar and pay respect to the departed soul, this office has declared holiday today, therefore matter is adjourned.
Next Purpose: COMPLIANCE
Next Hearing Date: 12-04-2022
Date: 12-04-2022
Business: PO is on leave hence adjd.to 27/7/2022
Next Purpose: COMPLIANCE
Next Hearing Date: 27-07-2022
Date: 27-07-2022
Business: CORAM - HIS HONOUR JUDGE SHRI R.R.PATARE
(C.R.NO.2)
Matter pertains to C.R.No. 1.
Adv. Hardik Desai for Pltf. present.
Earlier order, if any, continue till next date.
Matter adjd to 30.09.2022 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-09-2022
Date: 30-09-2022
Business: None present for plaintiff and defendant.
KB LO at 3.30 p.m.
Adv. Hardik Desai for plaintiff is present.
Earlier order, if any, continue till next date.
Matter adjd to 12.12.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-12-2022
Date: 12-12-2022
Business: Adv. Chudasama for plaintiff is present.
The Ld.Adv.for plaintiff has filed an application for grant of extensions of time to serve writ of summons on defendant a/w copy of NM. It is to be seen that it is the matter of 2018 and already ample opportunities given to the plaintiff. Thus considering these aspects time is extended to serve writ of summons and NM subject to payment of cost of Rs.2000/- paid to DLSA, Mumbai.
Matter adjd to 08.02.2023 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 01-02-2023
Date: 01-02-2023
Business: By Praecipe.
NOB.TOB.
Adv. Hardik Desai for plaintiff is present.
The Ld.Adv.for plaintiff has filed an application for permission to serve writ of summons and NM on defendant no.1 t.o.r marked as Exh.9. Hence, the application stands allowed and prayer clause (ii) to that extent only.
Matter already adjd to 08.02.2023 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-02-2023
Date: 08-02-2023
Business: Adv. Hardik Desai for plaintiff is present.
None present for defendant.
The plaintiff has filed affidavit of service regarding effecting service of writ of summons on the defendant no.1. The Bailiff has filed his report about affixing duplicate copy of summons a/w true copy of plaint on the conspicuous part of the door of defendant no.1. However, there is no signature of any witness to substantiate the contention of the Bailiff. Therefore the plaintiff is hereby directed to effect proper service on defendant no.1.
Defendant no.2 is already proceeded ex-parte on 10.10.2018.
Matter adjd to 10.04.2023 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 10-04-2023
Date: 10-04-2023
Business: CORAM - H.H.J. SHRI SHAIKH AKBAR SHAIKH JAFAR (CR. 03)
Matter pertains to Court Room No.1.
Plaintiff a/w Adv. Chudasama present. He tendered application for withdrawal of suit. TOR. Exh-10.
None present for defendant.
It is submitted that the defendant No.1 is expired and defendant No.2 is society, the suit is filed for simple injunction, she do not want to proceed against the society. She further submitted that she has urgency could not come on other date before regular court, hence, considering her submissions and that she is identified by advocate I proceed to pass following order.
ORDER
1. S. C. Suit No.1248/2018 disposed off as withdrawn against defendant No.2 and abated against defendant No.1.
2. Court fees be return as per rule.
As the suit is disposed off nothing survive in NM No.2353/2018 hence, NM No.2353/2018 disposed off.
Matter be closed accordingly.
Nature Of Disposal: WITHDRAWL
Disposal Date: 10-04-2023Additional Case Details
Additional Case Details
Filing Number: 106375/2018 Filing Date: 27-04-2018 First Hearing Date: 22nd June 2018 Decision Date: 10th April 2023 Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE
Orders
2Final Order 110 Apr 2023
10 Apr 2023
Order Details: Other Pdf Text: Back Daily Status IN THE COURT OF :COURT 01 ADDL SESSIONS JUDGE Case No. :SUIT/0101248/2018 Smt. Shailaja Padmanabha Pillai Vs Mr. S. Bhargavan Pillai Date : 10042023 Business : CORAM H.H.J. SHRI SHAIKH AKBAR SHAIKH JAFAR (CR. 03) Matter pertains to Court Room No.1. Plaintiff a/w Adv. Chudasama present. He tendered application for withdrawal of suit. TOR. Exh10. None present for defendant. It is submitted that the defendant No.1 is expired and defendant No.2 is society, the suit is filed for simple injunction, she do not want to proceed against the society. She further submitted that she has urgency could not come on other date before regular court, hence, considering her submissions and that she is identified by advocate I proceed to pass following order. ORDER 1. S. C. Suit No.1248/2018 disposed off as withdrawn against defendant No.2 and abated against defendant No.1. 2. Court fees be return as per rule. As the suit is disposed off nothing survive in NM No.2353/2018 hence, NM No.2353/2018 disposed off. Matter be closed accordingly. Nature of Disposal : WITHDRAWL Disposal Date : 10042023 COURT 01 ADDL SESSIONS JUDGE -- 1 of 1 --
Order 110 Apr 2023
10 Apr 2023
Order Details: Other Pdf Text: Back Daily Status IN THE COURT OF :COURT 01 ADDL SESSIONS JUDGE Case No. :SUIT/0101248/2018 Smt. Shailaja Padmanabha Pillai Vs Mr. S. Bhargavan Pillai Date : 10042023 Business : CORAM H.H.J. SHRI SHAIKH AKBAR SHAIKH JAFAR (CR. 03) Matter pertains to Court Room No.1. Plaintiff a/w Adv. Chudasama present. He tendered application for withdrawal of suit. TOR. Exh10. None present for defendant. It is submitted that the defendant No.1 is expired and defendant No.2 is society, the suit is filed for simple injunction, she do not want to proceed against the society. She further submitted that she has urgency could not come on other date before regular court, hence, considering her submissions and that she is identified by advocate I proceed to pass following order. ORDER 1. S. C. Suit No.1248/2018 disposed off as withdrawn against defendant No.2 and abated against defendant No.1. 2. Court fees be return as per rule. As the suit is disposed off nothing survive in NM No.2353/2018 hence, NM No.2353/2018 disposed off. Matter be closed accordingly. Nature of Disposal : WITHDRAWL Disposal Date : 10042023 COURT 01 ADDL SESSIONS JUDGE -- 1 of 1 --
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