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SUIT - SHORT CAUSE CIVIL SUIT

Mrs. Saili Sudhir Devale +7 moreVsMCGM +1 more

CNR MHCC0100644520194-COURT 04 AD-HOC JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 07th December 2024

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
102200/2019
Registration Date
02 Aug 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    10

    Acts & Sections

    1
    Hindu Marriage Act · Sec 34 · 38

    Case History / Proceedings

    Case History
    Date: 27-09-2019
    Business: None for plaintiff.
    Issue writ of summons to deft. to answer claim and file WS.
    Adjd to 06-11-2019  for Service of summons.
    Next Purpose: SERVICE
    Next Hearing Date: 06-11-2019
    
    Date: 06-11-2019
    Business: Adv.   Kapil Shetye  for plaintiff present and tendered original registered N/M no. 3961/19.
    Adv. Mrs. D.D. Patil for Deft/MCGM present.
    On oral request of advocate for Defendant, adjournment granted
    Earlier order, if any, to continue till next date.
    Adjd to  13-01-2020 for NM Reply
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 13-01-2020
    
    Date: 13-01-2020
    Business: Adv. Kapil Shetye for plaintiff present.
    Adv. Mrs. Patil for MCGM/Defendant present.
    Earlier order, if any, to continue till next date.
    Adjd to  21.02.2020 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 21-02-2020
    
    Date: 21-02-2020
    Business: Adv.Kapil Shetye for plaintiff present.
    Adv. Khandagle for MCGM/Deft. present.
    Application moved by defendant order 7 rule 11 of CPC to plaintiff.
    Mr.Sushil Sawant Grade Supervisor, M/E Ward, MCGM present.
    Matter adjd to 08.04.2020 for Say on Exh/NM hrg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-03-2020
    
    Date: 17-03-2020
    Business: Adv Mr. Kapil Shetye for the plaintiff present.
    Adv Mr. Patil h/f Adv Mr. Khandagale for Defendant/MCGM present.
    On oral request of Adv for plaintiff, earlier order, if any, to continue till next date.
    Authenticated copy of Roznama be supplied to both sides.
     Matter already adjd to 08.04.2020 for filing say on Exh./NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-04-2020
    
    Date: 08-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-04-2020
    
    Date: 20-04-2020
    Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No.77 of 2020 matter adjourned.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-05-2020
    
    Date: 30-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-06-2020
    
    Date: 17-06-2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-08-2020
    
    Date: 25-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-08-2020
    
    Date: 27-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-11-2020
    
    Date: 05-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-01-2021
    
    Date: 28-01-2021
    Business: None for plaintiff.
    Adv. Ms. Hajare h/f Adv. Khandagale for deft/MCGM present.
    Earlier order, if any, to continue till next date.
    Matter adjd to 22/03/2021 for NM Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-03-2021
    
    Date: 22-03-2021
    Business: Adv. Kapil Shetye for plaintiff present.
    Adv. Khandagale for deft/MCGM present and requests for time to file reply to NM. Time is granted till next date.
    Earlier order, if any, to continue till next date.
    Matter adjd to 14/06/2021 for NM Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-06-2021
    
    Date: 14-06-2021
    Business: Due to Covid-19, matter is adjd to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-08-2021
    
    Date: 25-08-2021
    Business: CORAM  H.H.J. SHRI K.P. KSHIRSAGAR, (C.R.NO.05)
    (Matter pertains to C.R. NO.08)
    Adv Kapil Shetye for plaintiff present.
    Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
    Earlier order, if any, to continue till next date.
    Adjd. To 11/10/2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-10-2021
    
    Date: 11-10-2021
    Business: Adv Kapil Shetye for plaintiff present.
    Adv. Mrs. Tondwalkar for Defendant/MCGM is present and requests for time to file reply to NM.
    Time is granted till next date.
    Earlier order, if any, to continue till next date.
    Adjd. To 24/11/2021 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 24-11-2021
    
    Date: 24-11-2021
    Business: Adv. Kapil Shetye for Plaintiff present.
    Adv. Mrs. Tondwalkar for Defendant/MCGM is present and seeks time to file reply to NM. Time is granted till next date.
    Earlier order, if any, to continue till next date.
    Matter is adjd to 16/02/2022 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-02-2022
    
    Date: 16-02-2022
    Business: CORAM  H.H.J. SHRI A.G. SANTANI, (C.R.NO.11)
    Matter pertains to C.R. No.08
    Adv Aditya Modi h/f Adv Kapil Shetty for plaintiff present.
    None for defendant / MCGM.
    Earlier order, if any, to continue till next date.
    Adjd. to 01/04/2022 for NM reply
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 01-04-2022
    
    Date: 01-04-2022
    Business: Adv Kapil Shetye for plaintiff present.
    Adv Mrs Rawade h/f Adv Tondwalkar for defendant / MCGM is present and requests for time to file reply to NM. Time is granted till next date.
    Earlier order, if any, to continue till next date.
    Adjd. To 17/06/2022 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-06-2022
    
    Date: 17-06-2022
    Business: CORAM  H. H. J. SHRI K.P. KSHIRSAGAR (C. R. No.08)
    (Matter pertains to C.R. No. 4)
    None for plaintiff.
    Adv. Mrs. Tondwalkar for defendant/ MCGM is present.
    Earlier order, if any, to continue till next date.
    Adjd. to 12/08/2022 for N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 12-08-2022
    
    Date: 12-08-2022
    Business: None for plaintiff .
    Adv. Mrs. Tondwalkar for defendant/ BMC is present requested time to file reply to N/M. Time is granted till next date.
    Earlier order, if any, to continue till next date.
    Adjd. to 21/09/2022 for N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 21-09-2022
    
    Date: 21-09-2022
    Business: None for plaintiff.
    Adv. Mrs. Tondwalkar for defendant/ BMC is present and requested time to file reply to N/M. Time is granted till next date.
    Earlier order, if any, to continue till next date.
    Adjd. to 18/11/2022 for N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 18-11-2022
    
    Date: 18-11-2022
    Business: None for plaintiff.
    Adv. Mr. Sutar h/f Adv. Mrs. Tondwalkar for defendant/ BMC is present and requested time to file reply to N/M. Time is granted till next date.
    Earlier order, if any, to continue till next date.
    Adjd. to 18/01/2023 for N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 18-01-2023
    
    Date: 18-01-2023
    Business: None for plaintiff.
    Adv. Mrs. Tondwalkar for defendant/ BMC is present and tendered N/M reply cum W/S and list of document, TOR and marked as Exh.3 and Exh.4 respectively. Copies of plaintiff kept in R and P.
    As Court is busy in urgent hearing in N/M and Ch/S, board is discharged.
    Earlier order, if any, to continue till next date.
    Adjd. to 08/02/2023 for N/M hrg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-02-2023
    
    Date: 08-02-2023
    Business: None for plaintiff.
    Adv. Chavan h/f. Adv. Mr. Suryavanshi for defendant/ BMC is present.
    Matter is kept for hearing on NM but none present for plaintiff . Hence, adjourned.
    Adjd. to 27/03/2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-03-2023
    
    Date: 27-03-2023
    Business: Court is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-04-2023
    
    Date: 21-04-2023
    Business: Court is on leave, hence matter is adjourned to 14.06.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-06-2023
    
    Date: 14-06-2023
    Business: None present for plaintiff .
    Advocate Suryavanshi for defendant/BMC present.
    Adjd to 19.07.2023 for NM Hearing
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-07-2023
    
    Date: 19-07-2023
    Business: Dt:19.07.2023
    SU  2200/19
    CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
    None present for plaintiff
    Advocate Suryavanshi for defendant/BMC present.
    Adjd  to  15.09.2023 for NM Hearing
                                                                                    Judge
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-09-2023
    
    Date: 15-09-2023
    Business: None present for plaintiff
    Advocate Suryavanshi  for defendant/BMC present.
    This NM is pending long for hearing but none present for plaintiff. Hence kept for dismissal.
    Adjd  to  21.10.2023   for  NM Dismissal.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 21-10-2023
    
    Date: 21-10-2023
    Business: None for plaintiff
    Adv. Mrs. Mhatre h/f. Suryavanshi for BMC present
    NM is pending since 2019. The Roznama shows that since last many dates neither the plaintiff nor his advocate is present. Hence NM No.3961/2019 is dismissed for default.
    Adjd. to 20/1/2024 for hrg. on issues.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 20-01-2024
    
    Date: 20-01-2024
    Business: None present for plaintiff
    Advocate Mhatre for defendant/BMC present.
    Adjd  to 06.04.2024  for framing issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 06-04-2024
    
    Date: 06-04-2024
    Business: Note : P. O. is nominated for Judicial officers Special Course on “Criminal Justice and Digital Forensic” at NFSU Delhi Campus for 5 days from 01.04.2024 to 05.04.2024.
    Hence matter is adjourned to  04.05.2024
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 04-05-2024
    
    Date: 04-05-2024
    Business: None present for plaintiff
    Advocate  Amar Patil h/f Suryavanshi for defendant/BMC present.
    Adjd  to  29.06.2024    for framing issues
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 29-06-2024
    
    Date: 29-06-2024
    Business: None present for plaintiff
    Advocate  Waghmare  h/f Botlawar for defendant/BMC present.
    Exh.5  - Issues
    Adjd  to   13.08.2024   for  List of witnesses and R.E.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 13-08-2024
    
    Date: 13-08-2024
    Business: None present for plaintiff
    Advocate  Botlawar  for defendant/BMC present.
    Adjd  to 04.10.2024 for plaintiff evidence/R.E.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 04-10-2024
    
    Date: 04-10-2024
    Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
    None present for plaintiff
    Advocate Honmane  for defendant/BMC present.
    Adjd  to  18.11.2024    for plaintiff evidence/R.E.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 18-11-2024
    
    Date: 18-11-2024
    Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
    None present for plaintiff
    Advocate Sujata Puri   for defendant/BMC present.
    the suit is of year 2019 and since last two dates matter is listed for plaintiff evidence. However neither plaintiff nor his adv remains present. however matter adjourned and kept for dismissal of suit.
    Adjd  to   07.12.2024  for dismissal of suit
    Next Purpose: SUIT DISMISSAL
    Next Hearing Date: 07-12-2024
    
    Date: 07-12-2024
    Business: None present for plaintiff
    Advocate Honmane   for defendant/BMC present.
    keep back
    Later on 4.00 p.m
    Same appearance
    Order below Exh. 1
    The suit is of year 2019 and issues are framed on 29.06.2024 and there after matter repeatedly adjourned for the plaintiff’s evidence. The roznama shows that neither plaintiff nor his Adv remains present. Therefore on 18.11.2024 matter was adjourned and kept for dismissal of suit but insipite of that today none appeared for plaintiff.  This shows that plaintiff is not interested to proceed with the suit. Hence I pass following order.
    ORDER
    Suit is dismissed under order IX Rule 8 of Civil Procedure Code.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 07-12-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 106954/2019
    Filing Date: 26-06-2019
    First Hearing Date: 27th September 2019
    Decision Date: 07th December 2024
    Court Number And Judge: 4-COURT 04 AD-HOC JUDGE

    Orders

    1
    Final Order 1
    07 Dec 2024
    Order Details: Other
    Pdf Text: 13 Dt:07.12.2024
    SU 2200/19
    CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
    None present for plaintiff
    Advocate Honmane for defendant/BMC present.
    keep back
    Later on 4.00 p.m
    Same appearance
    Order below Exh. 1
    The suit is of year 2019 and issues are framed on 29.06.2024
    and there after matter repeatedly adjourned for the plaintiff’s
    evidence. The roznama shows that neither plaintiff nor his Adv
    remains present. Therefore on 18.11.2024 matter was adjourned
    and kept for dismissal of suit but insipite of that today none
    appeared for plaintiff. This shows that plaintiff is not interested
    to proceed with the suit. Hence I pass following order.
    ORDER
    Suit is dismissed under order IX Rule 8 of Civil Procedure Code.
    Judge
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