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SUIT - SHORT CAUSE CIVIL SUIT

Mrs. Dhanlaxmi Vijay PatelVsDevshi Manji Patel

CNR MHCC01006739201862-COURT 62 AD-HOC ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 13th September 2022

TrustJury record updated 13 Sept 2026

Case Overview

Registration Number
101633/2018
Registration Date
04 Jul 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Petitioner

    1. 1Mrs. Dhanlaxmi Vijay Patel

    Respondent

    1. 1Devshi Manji Patel

    Acts & Sections

    1
    Hindu Marriage Act · Sec 37 · Order 34

    Case History / Proceedings

    Case History
    Date: 25-07-2018
Business: Fresh Assignment.
Adv. Khan Farana for plff. present.
Issue Wr/sum against deft.
Draft N/M alongwith supporting affd. filed by adv. for plff.
Leave granted. N/M be registered.
Matter is adjd. to 18.09.2018 for service affd. / N/M reply.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-09-2018

Date: 18-09-2018
Business: Adv. for plff present.
Defendant present.
Adv. of plff. has tendered registered N.M no 2824/18.
Application filed by deft, for adjd. Order- Granted.
Plff to serve copy of plaint to the deft,within 3 days if not served.
Matter is adjd. to 15.10.18. for reply to N.M and report of service on writ of summons
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-10-2018

Date: 15-10-2018
Business: Adv. for plff. present.
Adv. Suvarna Ambe for deft. present.
Exh.4 Service affd. tendered by adv. for plff. t.o.r
Exh.5 V/P filed by adv. Suvarna Ambe for deft. t.o.r
On request of Adv. for deft. Matter is adjd. to. 31.10.2018 for reply to N/M No. 2824/18
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 31-10-2018

Date: 31-10-2018
Business: plff. and his adv. absent.
Adv. for deft. present.
On request of Adv. for deft. Matter is adjd. to.  20.12.2018 for reply to N/M No. 2824/18 taken out by plff.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-12-2018

Date: 20-12-2018
Business: Adv. for plff. present.
Adv. for deft. present
On request of Adv. for deft. Matter is adjd. to. 28.01.2019 for reply to N/M No.2824/18 as last chance.
Plff. to give inspection of original documents if any, to the defts before next date, as per notice of the defts. already served.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-01-2019

Date: 28-01-2019
Business: As Court is on leave, Board is discharge, Matter is adjd to. 08.04.2019
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-04-2019

Date: 08-04-2019
Business: Adv. for plff. present.
Adv. for deft. present.
On request of Adv. for deft. Matter is adjd. to. 20.06.2019  for reply to N/M No.2824/18 as last chance.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-06-2019

Date: 20-06-2019
Business: Court is busy in dictating orders in suit no.7422/02, 554/14 and other matters, hence case is adjourned to 26/09/2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-09-2019

Date: 26-09-2019
Business: Advocate Khan Farhana for Plaintiff present
Advocate Monika Natrani for Defendant present and submitted that on next date she will file reply to NM.   Considering submissions adjourned.
Case is adjourned to 29/11/2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-11-2019

Date: 29-11-2019
Business: Court is on leave
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-01-2020

Date: 10-01-2020
Business: Advocate Mr. V. K. Khandare for Plaintiff present
Advocate Ms. Suvarna Ambre for Defendants present and filed NM reply cum Written Statement.  Plaintiff advocate submitted that on next date he will file affidavit of service of writ of summons. It is made clear that, the decision for treating the reply as Written Statement will be taken after considering the affidavit of service of writ of summons.
Case is adjourned to 20/03/2020 for filing affidavit of service by Plaintiff.
Next Purpose: SERVICE
Next Hearing Date: 20-03-2020

Date: 20-03-2020
Business: None present for Plaintiff.
None present for Defendant.
It seems that due to fear of Corona Virus, parties may not have appeared today in the matter hence case is adjourned to 24/06/2020.
Next Purpose: SERVICE
Next Hearing Date: 24-06-2020

Date: 24-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 21-08-2020

Date: 21-08-2020
Business: Adjd. to 23.09.2020 due to Covid-19.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 23-09-2020

Date: 21-08-2020
Business: Adjd. to 23.09.2020 due to Covid-19.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 23-09-2020

Date: 23-09-2020
Business: Due to heavy rainfall, and Covid-19 it seems that parties not turned to the court, hence adjourned
Next Purpose: SERVICE
Next Hearing Date: 16-12-2020

Date: 16-12-2020
Business: None present for Plaintiffs.
None present for Defendants.
It seems that due to Corona pandemic, parties are absent, hence case is adjourned to 20/02/2021 for service.
Next Purpose: SERVICE
Next Hearing Date: 20-02-2021

Date: 20-02-2021
Business: Adv.Mr. Kalpesh Nancy for plff present and mentioned the matter in the morning session. He seeks adjournment for taking steps by submitting that deft in the Suit has expired. For the reasons stated by him matter is adjd. to 04.03.2021.
Matter is on board of afternoon session hence, kept back.
Afternoon session.
None appeared for the defendant. Advocate for the plaintiff had sought adjournment by mentioning the matter in the morning session. As nobody is present for the defendant, matter adjourned for steps to 04.03.2021.
Judge
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 04-03-2021

Date: 04-03-2021
Business: None present for the plff .
Adv Ms. Shruti Bedekar for deft present
Plff has to taken steps till date for bringing HLRs of deceased deft on record hence, suit be kept for order.
Matter is adjd. for steps to 07.06.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-06-2021

Date: 07-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-08-2021

Date: 05-08-2021
Business: None present for plff.
Adv Mr. Harshad Bhoir for deft present and submitted that he will produce copy of death certificate of deft on next date.
As nobody is present for plff, matter is adjd. for steps/order to 28.10.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 28-10-2021

Date: 28-10-2021
Business: Adv Mr. Nansi present for plff.and seeks tiem to take steps for bringing on record HLRs of the deft.
None present for deft.
On request of adv. for plff, matter is adjd. for steps to 11.01.2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 11-01-2022

Date: 11-01-2022
Business: None present for plff.
Adv Ms. Shruti Belekar present for deft.
Considering the present pandemic condition and SOP issued by Hon’ble High Court,  matter is adjd.at same stage till next date.
Matter is adjd. for steps to 07.04.2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-04-2022

Date: 07-04-2022
Business: None present for both parties.
K.B.
L.O. at 4.35 pm.
Adv Ms. Fernandes for defendant present and seeks adjournment for taking steps.
Matter is adjd. for steps 16.07.2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-07-2022

Date: 16-07-2022
Business: None present for plaintiff.
Adv.Shruti Bedekar for deft. present.
The Adv.for deft. filed copy of death certificate of deceased defendant. The defendant has expired on 16.06.2020. The plaintiff is daughter in law of defendant. Therefore, the plaintiff is aware about the death of defendant.  Inspite of this fact, the plaintiff failed to take steps in respect of deceased defendant.  Keep for further order against plaintiff.
Matter adjd to 13.09.2022 for Order against pltff.
Next Purpose: ORDER
Next Hearing Date: 13-09-2022

Date: 16-07-2022
Business: None present for plaintiff.
Adv.Shruti Bedekar for deft. present.
The Adv.for deft. filed copy of death certificate of deceased defendant. The defendant has expired on 16.06.2020. The plaintiff is daughter in law of defendant. Therefore, the plaintiff is aware about the death of defendant.  Inspite of this fact, the plaintiff failed to take steps in respect of deceased defendant.  Keep for further order against plaintiff.
Matter adjd to 13.09.2022 for Order against pltff.
Next Purpose: ORDER
Next Hearing Date: 13-09-2022

Date: 13-09-2022
Business: None present for both sides. No steps are taken.
KB for order.
LO at 11.30 am
None present for both sides.
KB
LO at 02.45 pm
None present for both sides.
Adv.Shruti Bedekar for defendant present.
KB for order.
LO at 04.40 pm
ORDER BELOW EXH.1
Read the roznama dated 16.07.2022, the defendant has expired on 16.06.2020. Suit is abated against the defendant. Hence, it is dismissed.
ORDER ON NM NO.2824/2018
As suit is dismissed as abated the notice of motion does not survive, hence, it is dismissed.
Nature Of Disposal: DISMISSED
Disposal Date: 13-09-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 107424/2018
Filing Date: 06-06-2018
First Hearing Date: 25th July 2018
Decision Date: 13th September 2022
Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1
    13 Sept 2022
    Order Details: Other
Pdf Text: IN THE COURT OF :COURT 62 ADDL SESSIONS JUDGE
Case No. :SUIT/0101633/2018
Mrs. Dhanlaxmi Vijay Patel Vs Devshi Manji Patel
Date : 13-09-2022
Business : None present for both sides. No steps are taken. KB for
order. LO at 11.30 am None present for both sides. KB
LO at 02.45 pm None present for both sides. Adv.Shruti
Bedekar for defendant present. KB for order. LO at
04.40 pm ORDER BELOW EXH.1 Read the roznama
dated 16.07.2022, the defendant has expired on
16.06.2020. Suit is abated against the defendant.
Hence, it is dismissed. ORDER ON NM NO.2824/2018
As suit is dismissed as abated the notice of motion does
not survive, hence, it is dismissed.
-- 1 of 1 --
    Order 1
    13 Sept 2022
    Order Details: Other
Pdf Text: IN THE COURT OF :COURT 62 ADDL SESSIONS JUDGE
Case No. :SUIT/0101633/2018
Mrs. Dhanlaxmi Vijay Patel Vs Devshi Manji Patel
Date : 13-09-2022
Business : None present for both sides. No steps are taken. KB for
order. LO at 11.30 am None present for both sides. KB
LO at 02.45 pm None present for both sides. Adv.Shruti
Bedekar for defendant present. KB for order. LO at
04.40 pm ORDER BELOW EXH.1 Read the roznama
dated 16.07.2022, the defendant has expired on
16.06.2020. Suit is abated against the defendant.
Hence, it is dismissed. ORDER ON NM NO.2824/2018
As suit is dismissed as abated the notice of motion does
not survive, hence, it is dismissed.
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