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SUIT - SHORT CAUSE CIVIL SUIT

M/s. Dananlaxmi Build TechVsBalwant Maikrao Mahalle +5 more

CNR MHCC01006381201962-COURT 62 AD-HOC ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 01st February 2023

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
101530/2019
Registration Date
19 Jun 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    7

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 10-07-2019
    Business: Representative of plaintiff present.
    Defendant present.
    As court is busy in hearing and  dictating order in suit No. 3605/09 and Suit No. 3606/09 hence board discharged.
    Case is adjourned to 03/10/2019. for service.
    Next Purpose: SERVICE
    Next Hearing Date: 03-10-2019
    
    Date: 03-10-2019
    Business: PO is on leave.
    Next Purpose: SERVICE
    Next Hearing Date: 13-11-2019
    
    Date: 13-11-2019
    Business: Court is on leave.
    Next Purpose: SERVICE
    Next Hearing Date: 23-01-2020
    
    Date: 23-01-2020
    Business: Advocate Bal Patil for Plaintiff present and filed original writ of summons, t.o.r.
    Advocate Saurabh Patil for Defendant present
    Case is adjourned to 09/03/2020 for Service.
    Next Purpose: SERVICE
    Next Hearing Date: 09-03-2020
    
    Date: 09-03-2020
    Business: None present for Plaintiff.
    None present for Defendant.
    Plaintiff is directed to file affidavit of service of writ of summons.
    Case is adjourned to 14/07/200 for service.
    L.O.
    Advocate Deepali Saudagar for Plaintiff present
    Advocate Mr. Sujay Prabhu for Defendant no.1,4 and 6 present and filed vakalatnama for Defendant nos.1,4 and 6 t.o.r.
    Case is adjourned to 14/07/2020.
    Next Purpose: SERVICE
    Next Hearing Date: 14-07-2020
    
    Date: 14-07-2020
    Business: Adjourned due to Covid-19.
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: SERVICE
    Next Hearing Date: 15-07-2020
    
    Date: 15-07-2020
    Business: National Lockdown
    Next Purpose: SERVICE
    Next Hearing Date: 15-09-2020
    
    Date: 15-09-2020
    Business: Adjourned due to Covid-19.
    Next Purpose: SERVICE
    Next Hearing Date: 26-10-2020
    
    Date: 26-10-2020
    Business: None present for Plaintiffs.
    None present for Defendants.
    Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 28/01/2021 for Service.
    Next Purpose: SERVICE
    Next Hearing Date: 28-01-2021
    
    Date: 28-01-2021
    Business: None present for plaintiff
    As nobody present for the plff, considering pandemic condition, matter is adjourned for service of writ of summons to 03.05.2021.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 03-05-2021
    
    Date: 03-05-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 09-07-2021
    
    Date: 09-07-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 28-08-2021
    
    Date: 28-08-2021
    Business: Adv Mr. Abdul Shaikh h/f Adv Mr. Bal Patil for plff present
    None present for deft nos.1,4 and 6.
    Those defts have put appearance in the matter on 09.03.2020. Those defts have failed to file written statement within stipulated period prescribed by O-8 R-1 of C.P.C. hence, suit to proceed without WS against deft Nos.1,4 and 6. Adv. for the plff seeks time to serve the other defts afresh with writ of summons. O-Time granted till next date.
    Matter is adjd. for affidavit of service to 28.10.2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 28-10-2021
    
    Date: 28-10-2021
    Business: Adv Mr. Shaikh h/f Adv Mr. Patil for plff present and filed affidavit of service of writ of summons in respect of deft No.2,3 and 5.  Statements made in the affidavit of service about service of writ of summons on deft Nos.2,3 and 5 are supported by the endorsements available on the original writ of summons tendered in the Court on previous date. Those defts did not appear despite service of writ of summons hence, suit to proceed ex-parte against deft Nos.2,3 and 5.
    Adv. for the plff filed draft NM along with affidavit in support for restoration of possession and other temporary injunctions.  O-Leave to register is granted with direction to serve the defts.
    None present for deft.
    Matter is adjd. for service of NM to 21.12.2021 (afternoon session)
    Next Purpose: SERVICE
    Next Hearing Date: 21-12-2021
    
    Date: 21-12-2021
    Business: court is on leave.
    Next Purpose: SERVICE
    Next Hearing Date: 08-03-2022
    
    Date: 08-03-2022
    Business: Adv Mr. Bal Patil present for plff. and tendered registered Nm No. 2834/2021 alongwith affidavit in support.
    None present for deft.
    Plff to file affidavit of service of NM.
    Matter is adjd. for affidavit of service of NM to 28.04.2022.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 28-04-2022
    
    Date: 28-04-2022
    Business: None present for plff.
    Adv Ms. Ayodhya Patki present for deft.and seeks time to file NM reply by submitting that settlement talks are in progress.
    As nobody is present for plff, matter is adjd. for NM reply to 11.07.2022
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 11-07-2022
    
    Date: 11-07-2022
    Business: Adv.Abdul Shaikh h/f.Adv.Patil for plaintiff present.
    Adv.Aniket Nandgaonkar for deft.1 and 6 present.
    The Ld.adv.for defts. submits that settlement talks are going on. The advocate for plaintiff submits that he has to take instructions in that regard.
    Matter adjd to 29.08.20222 for Reply.
    Next Purpose: REPLY
    Next Hearing Date: 29-08-2022
    
    Date: 29-08-2022
    Business: None present for plaintiff.
    Adv.Aniket Nangare h/f.Adv.Bhutekar for deft.No.1 and 6 present.
    As Court is busy in dictating judgment in SU 1801/2013, hence, matter adjourned.
    Matter adjd to 16.11.2022 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 16-11-2022
    
    Date: 29-08-2022
    Business: None present for plaintiff.
    Adv.Aniket Nangare h/f.Adv.Bhutekar for deft.No.1 and 6 present.
    As Court is busy in dictating judgment in SU 1801/2013, hence, matter adjourned.
    Matter adjd to 16.11.2022 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 16-11-2022
    
    Date: 16-11-2022
    Business: None for plaintiff.
    Adv. Gargi Walunjikar i/b Adv. Nitesh Bhutekar for Deft. present and submits that settlement talks are in progress.
    Matter adjd to 25.01.2023 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 25-01-2023
    
    Date: 16-11-2022
    Business: None for plaintiff.
    Adv. Gargi Walunjikar i/b Adv. Nitesh Bhutekar for Deft. present and submits that settlement talks are in progress.
    Matter adjd to 25.01.2023 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 25-01-2023
    
    Date: 25-01-2023
    Business: Plaintiff present.
    Adv. Gargi Warunjukar h/f Adv. Nitesh Bhutekar for defendant present.
    Court is busy in passing judgment in suit no. 6380/03, hence adjourned.
    Matter adj. to  01.02.2023  for NM rejoinder.
    Judge
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 01-02-2023
    
    Date: 01-02-2023
    Business: None present for plaintiff
    Adv. Ms Gargi Warnjikar i/b Adv. Shri Nitesh Bhutekar present for All Defendants.
    L.O at 15:51 Hrs.
    Adv. Ms Gargi Warnjikar i/b Adv. Shri Nitesh Bhutekar present for All Defendants.
    Plaintiff Sachin Kale present and filed application for withdrawal of Suit. Taken on record and marked as Exh. 3.
    Heard the plaintiff and Adv. for defendants.
    The plaintiff wants to withdraw the suit on unconditionally and in view of consent terms, filed before Hon’ble High Court in Suit No. 1069 of 2018. as the plaintiff is withdrawing the suit unconditionally, application Exh. 3 is allowed. I Proceed to pass Order below Exh. 1 :
    ORDER BELOW EXH. 1 :
    Read the application at Exh. 3 and today’s order passed thereon.
    The plaintiff is withdrawing the suit unconditionally. Hence, I pass the following order :
    1. Permission to withdraw the suit unconditionally is granted.
    2. Suit is dismissed as withdrawn.
    3. Parties to bear their own costs.
    Order in NM No. 2834/2021
    As suit is withdrawn Notice of Motion does not survive further. Hence, it is dismissed.
    Nature Of Disposal: WITHDRAWL
    Disposal Date: 01-02-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 105356/2019
    Filing Date: 03-05-2019
    First Hearing Date: 10th July 2019
    Decision Date: 01st February 2023
    Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    01 Feb 2023

    Order Details: Other Pdf Text: IN THE COURT OF :COURT 62 ADDL SESSIONS JUDGE Case No. :SUIT/0101530/2019 M/s. Dananlaxmi Build Tech Vs Balwant Maikrao Mahalle Date : 01-02-2023 Business : None present for plaintiff Adv. Ms Gargi Warnjikar i/b Adv. Shri Nitesh Bhutekar present for All Defendants. L.O at 15:51 Hrs. Adv. Ms Gargi Warnjikar i/b Adv. Shri Nitesh Bhutekar present for All Defendants. Plaintiff Sachin Kale present and filed application for withdrawal of Suit. Taken on record and marked…

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