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SUIT - SHORT CAUSE CIVIL SUIT

Jairam Kalpu JaiswarVsThe State of Maharashtra +3 more

CNR MHCC0100631920189-COURT 09 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 08th October 2022

TrustJury record updated 13 Sept 2026

Case Overview

Registration Number
103064/2018
Registration Date
12 May 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    5

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec Order 39

    Case History / Proceedings

    Case History
    Date: 27-11-2018
    Business: Matter adj to 08-03-2019 for Ch/s. Reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 08-03-2019
    
    Date: 08-03-2019
    Reason For Adjournment: court time is over
    Next Purpose: C/S REPLY
    Next Hearing Date: 03-07-2019
    
    Date: 03-07-2019
    Business: Adv. Shaikh for the Plaintiff present.
    Adv. Khatu for applicant in Ch/s. present.
    Adv. Suryawanshi for MMC/Defendant No. present
    Adv for the Plaintiff seeks adjournment for filing to Ch/s.  Granted.
    Matter is adjd. to 19.08.2019 for reply to Ch/s by the Plaintiff.
    Next Purpose: C/S REPLY
    Next Hearing Date: 19-08-2019
    
    Date: 19-08-2019
    Business: Adv D.M. Shaikh for the plaintiff present.  Advocate Hasan Khan for intervener present.  Advocate Satamkar holding for Kandekar for defendant no.2 present.  Adv. Ms. Chandramore for BMC 3 and 4 present. Matter is adjd to 14.11.2019.
    Next Purpose: C/S REPLY
    Next Hearing Date: 14-11-2019
    
    Date: 14-11-2019
    Business: Adv.Shaikh for plaintiff present.
    Adv. Khattu for applicant in Ch/s present.
    Adv.Kandekar for defendant NO.2 he viled V/P and W/S.
    As court is busy in hearing adinterim hearing in suit No 2915/19 and St. No.11777/19.Hence, board is discharged.
    Matter adj for Ch/s reply to 10.02.2020.
    Next Purpose: C/S REPLY
    Next Hearing Date: 10-02-2020
    
    Date: 10-02-2020
    Business: Adv. B.M.Shaikh for plaintiff is present. He seeks time for tendering Ch/s reply. O granted.
    Adv. Chandramore for defendant no.4 is present.
    Adv. Dhwani Patel for applicant in Ch/s  is present.
    Matter is adjd.  for Ch/s reply  to 03/04/2020.
    Next Purpose: C/S REPLY
    Next Hearing Date: 03-04-2020
    
    Date: 03-04-2020
    Next Purpose: C/S REPLY
    Next Hearing Date: 17-04-2020
    
    Date: 17-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: C/S REPLY
    Next Hearing Date: 06-05-2020
    
    Date: 06-05-2020
    Next Purpose: C/S REPLY
    Next Hearing Date: 28-05-2020
    
    Date: 28-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: C/S REPLY
    Next Hearing Date: 15-06-2020
    
    Date: 15-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: C/S REPLY
    Next Hearing Date: 05-09-2020
    
    Date: 05-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: C/S REPLY
    Next Hearing Date: 19-09-2020
    
    Date: 19-09-2020
    Business: Due to Lockdown because of Covid-19, board is discharged and
    as per SOP only urgent matters are taken up.
    Next Purpose: C/S REPLY
    Next Hearing Date: 14-01-2021
    
    Date: 14-01-2021
    Business: None for Plaintiff.
    Adv. Mr.  Kandekar  for defendant.
    Matter is adjd. to 06/02/2021 for Ch/s reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 06-02-2021
    
    Date: 06-02-2021
    Business: Adv. Mr. B. M. Shaikh for the plaintiff.
    Adv. Mr. Pathak h/f Adv. Mr. Kandekar for the defendant No.2.
    Application filed by  advocate Shaikh for discharge.
    O- It is mentioned in the application that advocate Shaikh has returned in the brief to the plaintiff. Hence, he is discharged.
    He states that he would intimate the plaintiff about his discharge from the present matter.
    Matter is adjd. to 09/03/2021 for Ch/s reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 09-03-2021
    
    Date: 09-03-2021
    Business: None for plaintiff.
    Adv. Mr. Hassan Khan or the applicant.
    Adv. Mr. Pathak h/f Adv. Mr. Kandekar for defendant No.2.
    Adv. Chandramore for the defendant No.4.
    KB
    L.O.
    Last chance is granted to the plaintiff to file reply to Ch/s.
    Matter is adjd. to 08/04/2021 for Ch/s reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 08-04-2021
    
    Date: 08-04-2021
    Business: Due to SOP only urgent matter  are taken up. Hence, the Board is
    discharged.
    Matter is adjd. to 25.06.2021 for Ch/s reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 25-06-2021
    
    Date: 25-06-2021
    Business: Due to covid-19, matter is adjd to
    Next Purpose: C/S REPLY
    Next Hearing Date: 12-08-2021
    
    Date: 12-08-2021
    Business: None for plaintiff.
    Adv. Sathamkar  h/f Adv. Kandekar for defendant No.2 present.
    Adv. Chandramore for defendant No.4 present.
    Since long back the applicant  Jaiswar filed Chamber summons, it was pending for reply of plaintiff. But, till today Ch/s be kept for hearing.
    Matter is adjd. to 11/10/2021 for Ch/s hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 11-10-2021
    
    Date: 11-10-2021
    Business: None for plaintiff.
    Adv. Mr. Pathak h/f Adv. Mr. Kandekar for the defendant No.2.
    Adv. Chandramore for defendant/BMC No.4 present.
    Matter is adjd. to 18/12/2021 for Ch/s hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 18-12-2021
    
    Date: 18-12-2021
    Business: None present for the plaintiff.
    Adv Pathak H/f Adv Kandekar present for MHADA.
    Adv.Chandramore for defendant/BMC present.
    Plaintiff is absent. None present on his behalf. Third party applicant is also absent. None present on his behalf. Matter is lastly adjourned to filing say on CS to 05.03.2022.
    Matter is adjd. to 05.03.2022 for CS hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 05-03-2022
    
    Date: 05-03-2022
    Business: None for plaintiff.
    Adv.Pathak h/f Adv.Kandekar for defendant no.2
    None for remaining defendants.
    None for third-party applicant.
    Matter is adjd. to 30.04.2022 Ch/s hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 30-04-2022
    
    Date: 30-04-2022
    Business: None present for plaintiff.
    Adv. Pathak h/f Adv. Kandekar for MHADA present.
    Matter is adjd. to 18-06-2022.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 18-06-2022
    
    Date: 18-06-2022
    Business: None present for plaintiff.
    Adv. Pathak h/f Adv. Kandekar for MHADA present.
    Adv. for applicant in Ch/s absent.
    Applicant not complied service of the Ch/s to other parties. If applicant failed to supply service affidavit on or before the next date Ch/s will be dismissed.
    Perusing record it also appears that plaintiff also not filed service affidavit of N/m to defendants. Plaintiff is also directed to file service affidavit on or before next date. Failing which N/m will be dismissed.
    Matter is adjd. to 16-07-2022 for  dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 16-07-2022
    
    Date: 16-07-2022
    Business: None present for plaintiff.
    Adv Pathak H/f Adv Kandekar present for MHADA/Deft.no. 2.
    Perusing record it appears that the plaintiff\''s adv. discharged from this matter and he has stated that he would intimate the plaintiff about his discharge. Not any document in record to show that he had intimate the plaintiff about his discharge. Therefore, for the interest of justice issue notice to plaintiff on court motion to appear in this matter. If fails to appear the matter will be disposed of according to law.
    Matter is adjd. to 17.09.2022 for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 17-09-2022
    
    Date: 17-09-2022
    Business: None present for Plaintiff.
    Adv Pathak H/f Adv Kandekar present for MHADA/Deft.No.2.
    Perusing record, it appears that plaintiff\''s advocate Shaikh submitted that on the last occasion that he has return the brief to the plaintiff and he will intimate to discharged his VP to the plaintiff but till today the Advocate also not filed on record as he intimate the plaintiff to withdraw his VP.
    Hence, notices issued to plaintiff through bailiff but report of bailiff seems that plaintiff is shifted somewhere and did not know the present address of plaintiff.
    Plaintiff not filed change address on record. It appears that the plaintiff does not want to proceed with this matter hence, matter kept for dismissal.
    Matter is adjd. to 08.10.2022 for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 08-10-2022
    
    Date: 08-10-2022
    Business: None present for Plaintiff.
    Adv. Ms. Harshida Darji h/f Adv. Kandekar for defendant/MHADA present.
    Kept back.
    LO at 4.39 pm.
    When called out none present for plaintiff. No any adjourned application is on record.
    Adv. Kandekar for defendant/MHADA present.
    Perusing record, it appears that the advocate who appeared on behalf of plaintiff submitted that he returned the brief to the plaintiff and he is going to discharge his VP but the adv. of plaintiff not withdrawn his VP till today. The Notice was also issued on court motion through bailiff on given address to the plaintiff but the notice returned unserved. It appears that the suit is fixed for dismissal order. The plaintiff is absent since long. It appears that plaintiff does not want to proceed with suit. Hence, plaintiff suit is hereby dismissed and ch/s is also disposed off.
    It also appears that plaintiff filed draft NM but he failed to tender register NM and service affidavit therefore NM is also disposed off. Draft NM be register for statistical purpose.
    Nature Of Disposal: DISMISSED
    Disposal Date: 08-10-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 106870/2018
    Filing Date: 11-05-2018
    First Hearing Date: 27th November 2018
    Decision Date: 08th October 2022
    Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1
    08 Oct 2022
    Order Details: Other
    Pdf Text: None present for Plaintiff. Adv. Ms. Harshida Darji h/f Adv. Kandekar for defendant/MHADA
    present. Kept back. LO at 4.39 pm. When called out none present for plaintiff. No any adjourned
    application is on record. Adv. Kandekar for defendant/MHADA present. Perusing record, it appears
    that the advocate who appeared on behalf of plaintiff submitted that he returned the brief to the
    plaintiff and he is going to discharge his VP but the adv. of plaintiff not withdrawn his VP till today.
    The Notice was also issued on court motion through bailiff on given address to the plaintiff but the
    notice returned unserved. It appears that the suit is fixed for dismissal order. The plaintiff is absent
    since long. It appears that plaintiff does not want to proceed with suit. Hence, plaintiff suit is hereby
    dismissed and ch/s is also disposed off. It also appears that plaintiff filed draft NM but he failed to
    tender register NM and service affidavit therefore NM is also disposed off. Draft NM be register for
    statistical purpose.
    -- 1 of 1 --
    Order 1
    08 Oct 2022
    Order Details: Other
    Pdf Text: None present for Plaintiff. Adv. Ms. Harshida Darji h/f Adv. Kandekar for defendant/MHADA
    present. Kept back. LO at 4.39 pm. When called out none present for plaintiff. No any adjourned
    application is on record. Adv. Kandekar for defendant/MHADA present. Perusing record, it appears
    that the advocate who appeared on behalf of plaintiff submitted that he returned the brief to the
    plaintiff and he is going to discharge his VP but the adv. of plaintiff not withdrawn his VP till today.
    The Notice was also issued on court motion through bailiff on given address to the plaintiff but the
    notice returned unserved. It appears that the suit is fixed for dismissal order. The plaintiff is absent
    since long. It appears that plaintiff does not want to proceed with suit. Hence, plaintiff suit is hereby
    dismissed and ch/s is also disposed off. It also appears that plaintiff filed draft NM but he failed to
    tender register NM and service affidavit therefore NM is also disposed off. Draft NM be register for
    statistical purpose.
    -- 1 of 1 --

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