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SUIT - SHORT CAUSE CIVIL SUIT

Shri. Shashikant Jagannath KerkarVsDesignated Officer

CNR MHCC0100620620196-COURT 06 ADDL. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 18th July 2026

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
101515/2019
Registration Date
24 Jun 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Hindu Marriage Act · Sec 34 · 38 · 47

    Case History / Proceedings

    Case History
    Date: 27-06-2019
    Business: By precipe
    Advocate for plaintiff present and filed draft NM. Leave is granted to register.
    Advocate Mr. Dhumale for deft./BMC present.
    Adjourned for NM hearing/reply to 30.07.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-07-2019
    
    Date: 30-07-2019
    Business: Advocate for plaintiff is present and filed registered NM no. 2435/19 alongwith writ of summons.
    Advocate Mr. Dhumale for defendant/BMC present.
    Adjourned for NM hearing to 22.10.2019.
                                                                               Judge
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-10-2019
    
    Date: 22-10-2019
    Business: Advocate for plaintiff is present.
    Advocate Mr. Dhumale for defendant/BMC is present and and requested for short adjournment for filling reply. Request is rejected.
    Suit and NM be proceed without reply and W.S. of defendant/BMC.
    Earlier order, if any, to continue till next date.
    Adjourned for NM hearing to 02.01.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-01-2020
    
    Date: 02-01-2020
    Business: CORAM  H.H.J. SHRI. U.J. MORE (C.R.08)
    (Matter pertains to CR No. 06)
    Advocate Mukesh Chheda for plaintiff is present.
    Advocate Mr. Sutar for defendant/BMC present.
    Earlier order, if any, to continue till next date.
    Adjourned for NM hearing to 13.02.2020.
                                                                               Judge
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-02-2020
    
    Date: 13-02-2020
    Business: Advocate for plaintiff present.
    Advocate Sutar for defendant/BMC present.
    Earlier order, if any, to continue till next date.
    Adjourned for N/M Hearing to 18/04/2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-04-2020
    
    Date: 18-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-05-2020
    
    Date: 08-05-2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-05-2020
    
    Date: 29-05-2020
    Business: In view of extension of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-06-2020
    
    Date: 16-06-2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-08-2020
    
    Date: 04-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-09-2020
    
    Date: 29-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-12-2020
    
    Date: 15-12-2020
    Business: CORAM H.H.J. SHRI. S.C. PATHARE, JUDGE (C.R.NO.05)
    Matter pertains to CR No.06
    Adv Mukesh Chheda for plaintiff present.
    Adv Sutar for MCGM/defendant present.
    Earlier order if any to continue till the next date.
    Matter adjourned for NM hearing to 22/2/21.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-02-2021
    
    Date: 22-02-2021
    Business: None for plaintiff.
    Advocate for deft/BMC present.
    Court busy in hearing in Suit. no. 801/2010 and 802/2010.
    Adjourned for N/M Hearing to 03/05/2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-05-2021
    
    Date: 03-05-2021
    Business: Due to Covid-19. Matter is adjourned.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-08-2021
    
    Date: 06-08-2021
    Business: Advocate Kshitija Bhosale for plaintiff present and filed V.P. (Exh-  )
    Advocate Mrs. Patil for defendant/BMC Present.
    Adjd for N/M Hearing to 11/10/2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-10-2021
    
    Date: 11-10-2021
    Business: Advocate for plaintiff present.
    Advocate Smt. Deepali Patil  for defendant/BMC present.
    Earlier order, if any, to continue till next date.
    Adjd for NM Hearing to 17.12.2021 at 11.30am
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-12-2021
    
    Date: 17-12-2021
    Business: Advocate Moinuddin Cutlerywala h/f Chheda for plaintiff present.
    Advocate Smt. Deepali Patil for defendant/BMC present.
    Earlier order, if any, to continue till next date.
    Adjd for NM Hearing to  23.02.2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-02-2022
    
    Date: 23-02-2022
    Business: Advocate for plaintiff present.
    Advocate Smt. Deepali Patil  for defendant/BMC present.
    Earlier order, if any, to continue till next date.
    Adjd for NM Hearing to  14.03.2022 at 11.30 a.m.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-03-2022
    
    Date: 14-03-2022
    Business: Advocate for plaintiff present.
    Advocate Smt. Deepali Patil for defendant BMC present.
    Time is extended to register Notice of Motion before next date.
    Defendant / BMC failed to file written statement and Reply, hence, suit to proceed without written statement and Reply of the defendant BMC.
    Adjd for  NM Hearing to  08.04.2022 at 11.30 a.m.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-04-2022
    
    Date: 08-04-2022
    Business: Advocate Moinudding cultlerywala I/b. Adv. Yakshya Chheda for plaintiff present.
    Advocate Smt. Deepali Patil for defendant/BMC present and filed Draft Notice of Motion along with affidavit in support and also filed Written Statement.
    O Leave granted to register the NM.
    Advocate for plaintiff filed reply on Draft Notice of Motion itself.
    Earlier order, if any, to continue till next date.
    Heard argument on both sides.
    Adjd for NM Orders to 02.05.2022.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 02-05-2022
    
    Date: 02-05-2022
    Business: Adv.Mr. Cutleriwala I/b Adv. Mr. Yakshya Chheda for the plaintiff.
    Advocate Smt. Deepali Patil  for defendant/BMC present.
    Following separate order passed on Notice of Motion No. 1375/2022
    ORDER
    1.The Notice of Motion No.1375/2022 is allowed.
    2.No written statement order dated 14.03.2022 passed against the defendants is set aside and defendants are granted permission to file their written statement in the interest of justice .
    3.The Notice of Motion No.1375/2022 is disposed off.
    Written statement of Defendant /BMC t.o.r. Marked as Exh.3
    O Read and Recorded
    Earlier order, if any, to continue till next date.
    Adjd for NM Hearing to  29.08.2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-08-2022
    
    Date: 29-08-2022
    Business: None present for plaintiff
    Advocate Smt.Deepali Patil  for defendant/BMC present.
    Adjd for NM Hearing to 07.12.2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-12-2022
    
    Date: 07-12-2022
    Business: None present for plaintiff.
    Advocate Smt. Deepali Patil for defendant/BMC present.
    Adjd for NM Hearing to  20.02.2023
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-02-2023
    
    Date: 20-02-2023
    Business: None present for plaintiff.
    Advocate Shri Giri  for defendant/BMC present.
    Adjd for NM Hearing to  05.06.2023
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-06-2023
    
    Date: 05-06-2023
    Business: None for plaintiff present.
    Advocate Smt. Deepali Patil for defendant/BMC present.
    As plaintiff and his advocate are absent, Adjd for NM Hearing to 21/08/23.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-08-2023
    
    Date: 21-08-2023
    Business: None present for plaintiff.
    Advocate Deepali Patil present for defendant/BMC.
    As plaintiff and his advocate are absent, Matter adjourned for NM hearing to 24/11/23.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-11-2023
    
    Date: 24-11-2023
    Business: None present for plaintiff.
    Advocate Meena Dhuri h/f. Advocate Deepali Patil present for defendant/BMC.
    As per record plaintiff and his advocate remains absent, from 29/08/2022. Today also None present for plaintiff. This fact shows that, plaintiff lost his interest in NM. Hence, NM be kept for order.
    Matter adjourned for NM for necessary order to 20/1/24.
    Next Purpose: ORDER
    Next Hearing Date: 20-01-2024
    
    Date: 20-01-2024
    Business: None present for plaintiff.
    None present for defendant/BMC.
    In spite of directions and availing sufficient time plaintiff fails to advance argument in NM no. 2435 of 2019 hence NM no. 2435 of 2019 decided on merit against plaintiff.
    Matter adjourned  for hearing on defendant on NM no. 2435 of 2019 to 24.04.2024.
    Next Purpose: HEARING
    Next Hearing Date: 24-04-2024
    
    Date: 24-04-2024
    Business: Court is on leave.
    Next Purpose: HEARING
    Next Hearing Date: 22-07-2024
    
    Date: 22-07-2024
    Business: None present for plaintiff.
    Advocate Bibhishan Sutar present for defendant/BMC.
    Matter adjourned for hearing of defendant BMC on NM to 18.10.2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-10-2024
    
    Date: 18-10-2024
    Business: None present for plaintiff.
    Advocate Bibhishan Sutar present for defendant/BMC.
    Matter adjourned for NM hearing to 17.02.2025.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-02-2025
    
    Date: 17-02-2025
    Business: Court is on Leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-06-2025
    
    Date: 18-06-2025
    Business: COURT IS ON LEAVE.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-09-2025
    
    Date: 15-09-2025
    Business: None present for plaintiff.
    Advocate Bibhishan Sutar present for defendant/BMC.
    The record shows that the NM is pending for hearing since long. However the plaintiff has not taken any effective steps for the NM hearing. Its shows that the plaintiff is not interested to conduct the hearing of the notice of motion. However at the ends of justice matter is adjourned as a last chance for NM hearing. The plaintiff is hereby directed to conduct the hearing on notice of motion on the next date without fail otherwise notice of motion will be dismissed for want of prosecution.
    Matter adjourned for NM dismissal to 15.11.2025.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 15-11-2025
    
    Date: 15-11-2025
    Business: None present for plaintiff.
    Advocate Bibhishan Sutar present for defendant/BMC and submitted that the Notice of Motion taken by him be treated as WS. Accordingly it is marked as Exh. 3 as a WS.
    In view of order dated 15.09.2025, NM No. 2435 of 2019 is dismissed for default.
    Issues are framed at Exh. 4.
    Matter adjourned for filing evidence of plaintiff/RE to 03.03.2026.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 03-03-2026
    
    Date: 03-03-2026
    Business: Matter was posted on 03.03.2026. On 03.03.2026 there was holiday on account of Holi. Hence the matter is posted on 14.03.2026.
    Considering the element of settlement, matter is kept in Lok Adalat which is scheduled to be held on 14.03.2026. Parties to take note.
    Matter adjourned for Lok Adalat to 14.03.2026.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 14-03-2026
    
    Date: 14-03-2026
    Business: NATIONAL LOK-ADALAT HELD ON 14.03.2026 (Panel-06)
    Matter pertains to C.R. No.6.
    None present for plaintiff.
    Adv. Ruhi Hajare h/f Adv. Sutar present for defendant/G-North Ward.
    Matter not settled in Lok-Nyayalaya so it is referred to regular court.
    Matter adjd for  to 01.07.2026.
          Adv. Vilas Tambe          HHJ. SMT. M. M. DESHPANDE
            Panel Member                               Panel Head
    Next Purpose: FOR___________________
    Next Hearing Date: 01-07-2026
    
    Date: 01-07-2026
    Business: None present for the plaintiff.
    Advocate Bibhishan Sutar present for defendant/BMC.
    Matter is pending for recording evidence. The plaintiff is absent through out since 29.08.2022. It appears that the plaintiff is not interested in proceeding with the hearing of the suit. Hence suit posted for dismissal order.
    Matter adjourned for dismissal order to 18.07.2026.
    Next Purpose: DISMISSAL
    Next Hearing Date: 18-07-2026
    
    Date: 18-07-2026
    Business: None present for the plaintiff.
    Advocate Amar Patil h/f Adv. Bibhishan Sutar present for defendant/BMC.
    Matter is posted for dismissal order as plaintiff is absent for proceeding with the trial. Today also, plaintiff and his advocate are absent. Hence the Suit No. 1515/2019 is dismissed in default and for want of prosecution. Parties to bear their own costs. Proceedings in Suit No. 1515 of 2019 is closed. Parties to take note.
    Nature Of Disposal: DISMISSED
    Disposal Date: 18-07-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 106727/2019
    Filing Date: 21-06-2019
    First Hearing Date: 27th June 2019
    Decision Date: 18th July 2026
    Court Number And Judge: 6-COURT 06  ADDL. SESSIONS JUDGE

    Orders

    1
    Final Order 1
    18 Jul 2026
    Order Details: Other
    Pdf Text: Daily Status
    IN THE COURT OF :COURT 06 ADDL. SESSIONS JUDGE
    Case No. :SUIT/0101515/2019
    Shri. Shashikant Jagannath Kerkar Vs Designated Officer
    Date : 18-07-2026
    Business : None present for the plaintiff. Advocate Amar Patil h/f Adv.
    Bibhishan Sutar present for defendant/BMC. Matter is posted
    for dismissal order as plaintiff is absent for proceeding with
    the trial. Today also, plaintiff and his advocate are absent.
    Hence the Suit No. 1515/2019 is dismissed in default and for
    want of prosecution. Parties to bear their own costs.
    Proceedings in Suit No. 1515 of 2019 is closed. Parties to take
    note.
    Nature of Disposal : DISMISSED
    Disposal Date : 18-07-2026
    COURT 06 ADDL. SESSIONS JUDGE
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