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SUIT - SHORT CAUSE CIVIL SUIT

Mr. Kulin Bhupathi ShahVsNutan Kailas Niwas CHS Ltd +1 more

CNR MHCC0100600920181-COURT 01 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 15th June 2024

TrustJury record updated 13 Sept 2026

Case Overview

Registration Number
101259/2018
Registration Date
05 May 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    Hindu Marriage Act · Sec 34 · 37

    Case History / Proceedings

    Case History
    Date: 13-06-2018
    Business: Adv. Mr. Aditya Shashital for plff. present.
    Adv. Mr. Rohit Shetty for Deft. No.1 present.
    Adv. Mr. Ayush Sharma  for Deft. No.2 present.
    Reply to N/M tendered by Deft. No.1.  T.O.R.
    Reply to N/M tendered by Deft. No.2.  T.O.R.
    Exh.4Already tendered Vakalatnama of Plff.
    Exh.5W/st. tendered by Deft. No.1.
    Exh.6W/st. tendered by Deft. No.2.
    Matter adjd. to 29.06.2018 for N/M hearing/draft issues.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-06-2018
    
    Date: 29-06-2018
    Business: Court is on leave
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-07-2018
    
    Date: 09-07-2018
    Business: Court is on leave
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-07-2018
    
    Date: 16-07-2018
    Business: Adv. Mr. Ghag for the Plaintiff present.
    Adv. Mr. Rohit Shetty for Defendant no. 1 present.
    Adv. Mr. Gandhi for deft no. 2 present.
    Vakalatnama tendered by the plff. t.o.r. O-filed.
    Original Chamber Summons no. 1066/18 alongwith affidavit in support tendered by the plaintiff. t.o.r.
    Reply to Ch/s tendered by deft no. 1. t.o.r.
    reply to Ch/s tendered by deft no. 2. t.o.r.
    Rejoinder to reply to N/M of defendant nos. 1 and 2 tendered by the plaintiff. t.o.r.
    Heard arguments.
    FRSR following order is passed
                                    ORDER
    1.  Chamber Summons No. 1066 of 2018 is hereby made absolute in terms of prayer clause (a) subject to the payment of costs of Rs.1000/- each (Rupees One Thousand only) to defendant nos. 1 and 2 payable by the plaintiff on or before next date.
    2.  On payment of costs, the plaintiff is hereby allowed to carry out amendment in the suit plaint as per the schedule annexed with the Chamber Summons on or before next date and further directed to place on record amended copy of the suit plaint.
    3.  It is also directed to the plaintiff to supply amended copies of the suit plaint to defendant nos. 1 and 2 without fail.
    4.  Chamber Summons no. 1066 of 2018 stands disposed of accordingly.
    Matter is adjd. to 30.07.2018 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 30-07-2018
    
    Date: 30-07-2018
    Business: Adv. Mr. Ghag for the Plaintiff present.
    Adv. Mr. Rohit Shetty for deft no. 1 present.
    Adv. Mr. Ayush Sharma for Defendant no. 2 present.
    Adv for deft nos. 1 and 2 seeks adjournment for filing additional W.S and additional reply in view of amendment carried out by the plff. Adjournment is granted.
    Matter is adjd. to 6.08.2018 for additional reply and additional W.S by deft nos. 1 and 2.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-08-2018
    
    Date: 06-08-2018
    Business: Adv. Mr. Ghag for the Plaintiff present.
    Adv. Mr. Rohit Shetty for deft no. 1 present.
    Adv. Mr. Gandhi for Defendant no. 2 present.
    Additional Written Statement tendered by deft no. 1. .to.r. O-filed.
    Additional Written Statement tendered by deft no. 2. t.o.r. O-filed.
    Additional reply to N/M tendered by deft no. 1. t.o.r.
    Additional reply to N/M tendered by deft no. 2. t.o.r.
    Matter is adjd. to 7.08.2018 for N/M hearing at 12.30a.m.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-08-2018
    
    Date: 07-08-2018
    Business: Adv. Mr. Ghag for the Plaintiff present.
    Adv. Mr. Rohit Shetty for deft no. 1 present.
    Adv. Mr. Gandhi for Defendant no. 2 present.
    Partly heard arguments of the plff.
    Matter is adjd. to 21.08.2018 for further arguments of the plff.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-08-2018
    
    Date: 21-08-2018
    Business: Adv. Mr. Ghat  for the Plaintiff present.
    Adv. Mr. Rohit Shetty for Defendant no.1 present.
    Adv. Mr. Agarwal for deft no. 2 present.
    Partly arguments heard.
    Matter is adjd. to 31.08.2018 further arguments by the plff in N/M at 4.00p.m.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 31-08-2018
    
    Date: 31-08-2018
    Business: Adv. Ghag for the Plaintiff present.
    Adv. Rohit Shetty for D-1 present.
    Adv. Agrawal for D-2 present.
    Court is busy in other matters on board, hence adjd to 07.09.18  for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-09-2018
    
    Date: 07-09-2018
    Business: Court is busy in dictating Judgment and orders. Hence board is discharged.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-09-2018
    
    Date: 19-09-2018
    Business: Adv. Mr. Amin for the Plaintiff present.
    Adv. Mr. Rohit Shetty  for Defendant no. 1 present.
    Adv. Mr. Ayush Sharma for deft no. 2 present.
    Adv for the plaintiff seeks adjournment. Granted as a last chance.
    Matter is adjd. to 15.10.2018 for N/M hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-10-2018
    
    Date: 15-10-2018
    Business: Adv Ghag for Plaintiff present.
    Adv Vora for Defendant no. 1 present.
    Adv Ayush Sharma for Defendant no. 2 present.
    The court is busy in dictating Judgment in Suit No.8845/00. Hence board is discharged.
    Matter is adjd. to 24.10.2018 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-10-2018
    
    Date: 24-10-2018
    Business: Adv. Mr. Ghag for Plaintiff present.
    Adv Mr. Vora for Defendant no. 1 present.
    Adv Mr. Gandhi for Defendant no. 2 present.
    Heard arguments.
    Matter is adjd. to 14.11.2018 further N/M hearing by defts
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-11-2018
    
    Date: 14-11-2018
    Business: None present for the plff.
    Adv. Mr. Rohit Shetty for deft no. 1 present.
    Adv. Mr. Ayush Sharma for deft no. 2 present.
    Court is busy in other matters on board.
    Matter is adjd. to 3.12.2018 for further N/M hearing at 1.00p.m.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-12-2018
    
    Date: 03-12-2018
    Business: Adv. Pratik amin for the Plaintiff present.
    Adv. Rohit Shetty for Defendant no.1 present.
    Adv. R.M Agarwal for Deft no.2 present.
    K.B. L.O at 4.30 p.m
    List of documents tendered by the deft no.1 t.o.r.
    Heard arguments on behalf deft no.1.
    Matter is adjd. to 14.12.2018 for argument on behalf of deft no.2 in N/M at 1.00 p.m.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-12-2018
    
    Date: 14-12-2018
    Business: Adv. Pratik Amin for the plaintiff present.
    Adv. Rohit Shettye for deft. no. 1 present.
    Adv.  P. D. Gandhi for defendant no. 2 present.
    Heard argument on behalf of deft. no. 2.
    Matter is adjd. to 21.12.18 for Reply arguments in NM by the plaintiff.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-12-2018
    
    Date: 21-12-2018
    Business: Adv. Mr. Ghag h/f adv Mr. Pratik Amin for the Plaintiff present.
    Adv. Mr. Rohit Shetty for Defendant no. 1 present.
    Adv. Mr. P. D. Gandhi for defendant no. 2 present.
    Reply arguments heard.
    Matter is adjd. to 10.01.2019 for N/M order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 10-01-2019
    
    Date: 10-01-2019
    Business: None present fot the pltff present.
    Adv. Sharmili Mhatre for Defendant no.1 present.
    Adv. Shahrukh Shaikh for Deft no.2 present.
    Matter is adjd. to 19.01.2019 for N/M Order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 19-01-2019
    
    Date: 19-01-2019
    Business: Adv. Mr. Pratik Amin for the Plaintiff present.
    Adv. Mr. R.M. Agarwal for Defendant no.2 present.
    Matter is adjd. to 24.01.2019 N/M orders.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 24-01-2019
    
    Date: 24-01-2019
    Business: None present for the plaintiff.
    Adv. Mr. Vora h/f Rohit Shetty for deft no. 1 present.
    Query raised.
    Matter is adjd. to 8.02.2019 for satisfaction of the query.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 08-02-2019
    
    Date: 08-02-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM  ORDERS
    Next Hearing Date: 15-02-2019
    
    Date: 15-02-2019
    Business: Resumed.
    The P.O. is busy in hearing final arguments in Suit no. 3856/2008.  For want of time the board is discharged.
    Adjd for NM orders/ arguments to 12.03.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-03-2019
    
    Date: 12-03-2019
    Business: Resumed.
    None for plaintiff and defendant.
        It appears from record that the Ld. Predecessor heard the arguments on NM, however, orders were not passed.  Both the parties are directed to argue the NM a fresh.
    Adjd for NM arguments to 24.06.2019.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 24-06-2019
    
    Date: 24-06-2019
    Business: None present.
    Only Notice of Motion No. 1948/18 transferred to C. R. No. 40 for passing order on it.
    Adjourned to 30.9.2019.
    Next Purpose: ORDER
    Next Hearing Date: 26-08-2019
    
    Date: 24-06-2019
    Business: None present.
    Only Notice of Motion No. 1948/18 transferred to C. R. No. 40 for passing order on it.
    Adjourned to 30.9.2019.
    Next Purpose: ORDER
    Next Hearing Date: 26-08-2019
    
    Date: 26-08-2019
    Business: None present  for the Plaintiff.
    None present  for the Defendant.
    The Plaintiff has failed to remain present for hearing in N/M no. 1948/18. Hence, N/M no. 1948/2018 stands dismissed for default.
    Matter is adjd. to 7.11.2019 for draft issues.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 07-11-2019
    
    Date: 07-11-2019
    Business: None present.
    Adjourned for issues to 9.1.2020.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 08-11-2019
    
    Date: 08-11-2019
    Business: By precepie.
    Adv. Prashant Mhatre for plaintiff present.
    Vakalatnama filed on behalf of plaintiff.  O-Seen and filed.
    Draft NM along with affidavit tendered by the plaintiff. Leave is granted to register.  Matter is already adjourned to 9.1.2020.
    Adjourned for reply to NM to 9.1.2020.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 09-01-2020
    
    Date: 09-01-2020
    Business: Adv. N.S. Parte for plaintiff present.
    Adv. Mhatre for deft. no.1 present.
    Ld. counsel for deft. no.1 seeks time to file reply to N/M.  Granted.
    The matter is adjd for reply to N/M to 20.03.2020.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 20-03-2020
    
    Date: 20-03-2020
    Business: None present.
    Matter is called in morning. In view of advisory of Hon\''ble High Court concerning COVID-19, the matter is adjourned.
    The matter is adjd for N/M reply to 28.04.2020.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 28-04-2020
    
    Date: 28-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 19-05-2020
    
    Date: 19-05-2020
    Business: In view of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pademic by WHO and as per Office Order 78 of 2020, matter adjourned
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 06-06-2020
    
    Date: 06-06-2020
    Business: In view of declaration of Novel Corona Virus (Covid 19) as global Pandemic by WHO and Office Order no.83/2020, matter is adjourned
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 24-06-2020
    
    Date: 24-06-2020
    Business: None present. In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 02-09-2020
    
    Date: 02-09-2020
    Business: In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 22-10-2020
    
    Date: 22-10-2020
    Business: Both the parties and advs absent.  Due to COVID 19, the matter is adjd to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 08-01-2021
    
    Date: 08-01-2021
    Business: None present.
    The matter is adjd for NM reply to 26.02.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 26-02-2021
    
    Date: 26-02-2021
    Business: Adv. Dubey for plaintiff present.
    None for deft.
    Plaintiff has not tendered registered N/M.  Plaintiff to tender registered N/M on next date without fail.
    The matter is adjd for compliance and N/M reply to 01.04.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 01-04-2021
    
    Date: 01-04-2021
    Business: Adv. Karan Dua for plaintiff present.
    None for deft.
    In view of the office order no.63/21 dated 25.03.2021, only moderate numbers of matters are kept on board. This matter is not in the same list hence, adjd for N/M reply to 18.06.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 18-06-2021
    
    Date: 18-06-2021
    Business: In view of office order no.106/2021 dated 14.06.2021, the matter not being urgent, is adjourned to 22/07/2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 22-07-2021
    
    Date: 22-07-2021
    Business: In view of office order no.131/2021 dated 02.07.2021, the matter not being urgent, is adjourned to 24.09.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 24-09-2021
    
    Date: 24-09-2021
    Business: None present for plaintiff.
    Adv. Shreya Mehta for defendant no.1 is present.
                      Order below NM No. 4903/19
    As per the record, leave is granted for registering the notice of motion on 08.11.2019. As per order dtd. 26.02.2021, it was specifically directed to the plaintiff for tendering the registered notice of motion on record. Till this date the notice of motion is not tender on record, it shows that the plaintiff is not interested in the said notice of motion. Therefore untendered Notice of Motion No. 4903/19 stands dismissed.
    Matter adjd for draft issues on 14.01.2022.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 14-01-2022
    
    Date: 14-01-2022
    Business: As per Office Order No. \''07of 2022\'' and \''03 of 2022\'' only urgent matter is to be taken up for hearing therefore matter is adjd to 13/04/2022 for Draft Issues.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 13-04-2022
    
    Date: 13-04-2022
    Business: P.O. is on leave hence adjd.to 28/7/2022
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 28-07-2022
    
    Date: 28-07-2022
    Business: P.O. in on leave. Matter is adjd. to
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 18-10-2022
    
    Date: 18-10-2022
    Business: Adv. Karan for plaintiff is present.
    Adv. Vaidehi for defendant no.1 is present.
    On oral request of Ld. Adv.for plaintiff matter adjourned for draft issues.
    Matter adjd to 02.01.2023 for draft issues.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 02-01-2023
    
    Date: 02-01-2023
    Business: Adv. Karan Dua for plaintiff is present.
    None present for defendant.
    Matter adjd to 16.02.2023 for draft issues.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 16-02-2023
    
    Date: 16-02-2023
    Business: P.O. is on leave matter adjd.to
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 18-04-2023
    
    Date: 18-04-2023
    Business: None present for plaintiff and defendant.
    Matter adjd to 25.07.2023 for draft issues.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 25-07-2023
    
    Date: 25-07-2023
    Business: None for plaintiff when called.
    Adv. Vaidehi h/f Adv. Rohit Shetty for defendant No. 2 present.
    Exh-9 Issues framed.
    Matter adjd to 06/10/2023 for evidence of plaintiff.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 06-10-2023
    
    Date: 06-10-2023
    Business: None present for plaintiff.
    None present for defendant.
    Matter adjd to 16.12.2023 for R/E.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 16-12-2023
    
    Date: 16-12-2023
    Business: P.O. is on leave. Matter is adjourned to
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 21-02-2024
    
    Date: 21-02-2024
    Business: None present for plaintiff.
    Adv. Yesha Kapadia h/f Adv. Rohit Shetty for defendant no. 1 is present.
    Sufficient time granted to plaintiff. Last chance granted to plaintiff to lead oral evidence, on failure further order will be passed on next date.
    Matter adjd to 15.06.2024 for evidence of plaintiff.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 15-06-2024
    
    Date: 15-06-2024
    Business: None present for plaintiff and defendant.
    Today matter is kept for dismissal order on the ground that plaintiff did not lead oral evidence despite sufficient opportunities. Today also plaintiff did not lead oral evidence. From the roznama it is seen that plaintiff is not interested to proceed with the matter. Hence, suit stands dismissed for default with no order as to costs. Suit disposed off.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 15-06-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 106537/2018
    Filing Date: 03-05-2018
    First Hearing Date: 13th June 2018
    Decision Date: 15th June 2024
    Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1
    15 Jun 2024
    Order Details: Other
    Pdf Text: 25 15.06.2024
    SU 1259/18
    CORAM : HIS HONOUR JUDGE SHRI R. R. PATARE
    (C.R.NO.1)
    None present for plaintiff and defendant.
    Today matter is kept for dismissal order on the ground that
    plaintiff did not lead oral evidence despite sufficient
    opportunities. Today also plaintiff did not lead oral
    evidence. From the roznama it is seen that plaintiff is not
    interested to proceed with the matter. Hence, suit stands
    dismissed for default with no order as to costs. Suit disposed
    off.
    Judge
    -- 1 of 1 --
    Order 1
    15 Jun 2024
    Order Details: Other
    Pdf Text: 25 15.06.2024
    SU 1259/18
    CORAM : HIS HONOUR JUDGE SHRI R. R. PATARE
    (C.R.NO.1)
    None present for plaintiff and defendant.
    Today matter is kept for dismissal order on the ground that
    plaintiff did not lead oral evidence despite sufficient
    opportunities. Today also plaintiff did not lead oral
    evidence. From the roznama it is seen that plaintiff is not
    interested to proceed with the matter. Hence, suit stands
    dismissed for default with no order as to costs. Suit disposed
    off.
    Judge
    -- 1 of 1 --

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