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SUIT - SHORT CAUSE CIVIL SUIT

Mr. Ramesh Shetty s/o. Sadashive ShettyVsTrishul Ganga CHS Ltd +1 more

CNR MHCC0100692920184-COURT 04 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 15th January 2025

TrustJury record updated 13 Sept 2026

Case Overview

Registration Number
101440/2018
Registration Date
18 Jun 2018

Advocates

2

For Petitioner

For Respondent

Parties

3

Acts & Sections

1
Hindu Marriage Act · Sec 34 and 38

Case History / Proceedings

Case History
Date: 26-06-2018
Business: By precipee
Adv. Mrs. Narvekar for Plaintiff present.
Adv. Mrs. Tadvi for defendant no. 2 / BMC
None for the defendant no. 1
Plff. tendered draft NM.
For adv. For plff. and defendant corporation.
No urgency made out.
Therefore, it is necessary to give opportunity to the defendants to file
reply before passing any order. Therefore, issue show cause notice to
the defendants why intering protection preyed by the plff. can not be
granted in his favour. Adjd. For filing defendant to notice of motion.
Adjd. to 03.07.2018
Next Purpose: DIRECTIONS
Next Hearing Date: 03-07-2018

Date: 03-07-2018
Business: Due to heavy rain board is discharged.
Adjd to 10.07.2018
Next Purpose: DIRECTIONS
Next Hearing Date: 10-07-2018

Date: 10-07-2018
Business: Adv. Mr. Neha Pande for Plaintiff present.
She tendered original Notice of Motion No. 2419/18.
Adv. for defendant / BMC absent.
Adjd. to 24.07.2018 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-07-2018

Date: 24-07-2018
Business: Adv. Mrs. Narvekar for Plaintiff present.
Adv. Ms. Tadavi for defendant / BMC present.
Adjd. to  07.08.2018 for  N/m reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-08-2018

Date: 07-08-2018
Business: Adv. Narvekar  for plaintiff present.
Adv. Tadavi for defendant no. 2/ BMC present.
None for deft. no. 1.
Time granted as file reply
Adjd. to 4.9.18 for Reply
Next Purpose: HEARING
Next Hearing Date: 14-08-2018

Date: 14-08-2018
Business: Adv Sarogi for plff present.
Adv Tadvi for BMC/deft present.
Heard advs of plff.
Adv Tadvi for corporation requested time to submit the inspection report. The deft no.1 society failed to appear in spite of service of notice. Considering the urgency the matter is prepond to 28/08/2018 for compliance.
Adjd to 01/09/2018 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 01-09-2018

Date: 01-09-2018
Business: Adv. Narvekar for plaintiff present.
Adv. Kamble  for defendant no.2 / BMC present.
Matter adjd. to 18.9.18 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-09-2018

Date: 18-09-2018
Business: Adv. Ms. Neha Pande for plaintiff present and filed additional affidavit. T.O.R.
Adv. Mrs. Kamble h/f. Adv. Ms. Vyavhare for defendant no.2/ BMC present.
Copy served.
None for Defendant No.1
Matter adjd. to 12.10.2018  for N/m hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-10-2018

Date: 12-10-2018
Business: Adv. Narvekar for plaintiff present.
Adv. Bhoir h/f Adv. Vyawahare for defendant no. / BMC present.
K.B. L.O.
Same appearance.
Heard arguments of both sides on NM no. 2419/18.
Matter adjd. to 31.10.18 for Order on NM no. 2419/18.
Next Purpose: NM  ORDERS
Next Hearing Date: 31-10-2018

Date: 31-10-2018
Business: Adv. Ms. Narvekar for Plaintiff present.
Adv. Mrs. Bhoir h/f Adv. Mrs. Vyavhare for Defendant No.2/BMC present.
Defendant No.1 absent
Adjd to 17.11.2018  for Nm order.
Next Purpose: NM  ORDERS
Next Hearing Date: 17-11-2018

Date: 17-11-2018
Business: Adv Ravindra Singh for plff present.
Adv Mrs.Vyavhare for BMC/deft present.
FRSR. The following order is passed.
Order on Notice of Motion No.2419 of 2018 -
Notice of Motion No.2419 of 2018 is dismissed.
Adjd to 17/01/2019 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 17-01-2019

Date: 17-01-2019
Business: Plff and adv are absent.
Deft no.1 absent.
Adv Mrs.Vyavhare for BMC/deft no.2 present.
Adjd to 14/03/2019 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 14-03-2019

Date: 14-03-2019
Business: Adv. Mr. Vijay Kumar for Plaintiff present.
Adv. Vyavhare for Defendant/MCGM present.
On oral request of advocate for Defendant, adjournment granted.
Adjd. to 23/04/2019 for WS.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 23-04-2019

Date: 23-04-2019
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 13-06-2019

Date: 13-06-2019
Business: Adv. Mrs. Narvekar for Plaintiff present.
Adv. Khandagle for Deft./MCGM present.
On oral request of advocate for Plaintiff, adjournment granted as last chance.
Adjd. to 29/07/2019 for W/S.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 29-07-2019

Date: 29-07-2019
Business: None for plaintiff.
Adv. Khandagle for MCGM/Deft. 2 present.
None for def. no. 1
On oral request of ld adv for def., adjournment granted as last chance.
Adjd to 20.09.2019 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 20-09-2019

Date: 20-09-2019
Business: Adv. Asana Khan for plaintiff present.
None for deft. no.1.
Adv. Mr. S.C. Khandagale for Deft no.2/MCGM present.
On oral request of advocate for Defendant no. 2, adjournment granted as last chance.
Adjd to 27-11-2019  for Written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 27-11-2019

Date: 27-11-2019
Business: None for Plaintiff.
Adv. Khandagle for MCGM/Deft. present.
On oral request of advocate for Defendant, adjournment granted as last chance.
Case is adjourned to 20/01/2020 for Written Statement.
L.O.
Advocate Ms. Firoza Shaikh for plaintiff present.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 20-01-2020

Date: 20-01-2020
Business: Adv. Sana Khan for plaintiff present.
None for Defendant No.1 present.
Adv. Khandagle for MCGM/Deft.No.2 present.
Matter adjd to 17.02.2020 for W/S.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 17-02-2020

Date: 17-02-2020
Business: Adv. Mrs.Narvekar  for plaintiff present.
None for defendant No.1
Adv. Khandagle for MCGM/Deft.2 present.
Matter adjd to 30.03.2020 for W/S.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 30-03-2020

Date: 30-03-2020
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 15-04-2020

Date: 15-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 22-04-2020

Date: 22-04-2020
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: WRITTEN STATEMENT
Next Hearing Date: 02-06-2020

Date: 02-06-2020
Business: due to national lockdown
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 19-06-2020

Date: 19-06-2020
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 21-09-2020

Date: 21-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 11-11-2020

Date: 11-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 20-01-2021

Date: 20-01-2021
Business: Court is on leave
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 03-03-2021

Date: 03-03-2021
Business: Adv. Neha Pandey h/f Adv. A. M. Saraogi for plaintiff present.
Adv. Khandagle for deft/MCGM present and requests for time to file WS. Time is granted till next date.
Matter adjd to 09/04/2021 for filing WS.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 09-04-2021

Date: 09-04-2021
Business: Due to Covid-19 SOP, matter is adjourned till next date.
Matter adjd to 25/06/2021.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 25-06-2021

Date: 25-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 13-08-2021

Date: 13-08-2021
Business: Adv Miss Sana Khan h/f Adv Saraogi for plaintiff present.
None for defendant no.1
Adv. Mrs. Tondwalkar for Defendant no.2/MCGM is present and and requests for time to file W/s. Time is granted till next date.
Adjd. To 06/09/2021 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 06-09-2021

Date: 06-09-2021
Business: Adv Shrivastav h/f Adv Saraogi for plaintiff present.
None for defendant no.1.
Adv. Mrs. Tondwalkar for Defendant no.2/MCGM is present and requests for time to file W/s. Time is granted as a last chance.
Adjd. To 11/10/2021 for filing written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 11-10-2021

Date: 11-10-2021
Business: None for plaintiff.
None for defendant no.1..
Adv. Mrs. Tondwalkar for Defendant no.2/MCGM is present and requests for time to file W/s.
Time is granted till next date.
Adjd. To 15/11/2021 for filing W/s by both defendants.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 15-11-2021

Date: 15-11-2021
Business: None for plaintiff.
None for Defendant No.1.
Adv. Mrs. Tondwalkar for Defendant No.2 /MCGM is present and seeks time to file W.S. Time is granted till next date.
Matter is adjd to 05/01/2022 for W.S.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 05-01-2022

Date: 05-01-2022
Business: None for plaintiff.
None for defendant no.1.
Adv. Mrs. Tondwalkar for Defendant no.2/MCGM is present and requests for time to file W/s.
Time is granted till next date.
Adjd. To 07/03/2022 for filing W/S by both defendants.
L.O. at 11.50 a.m.
Adv Neha Pandey h/f Adv A.M. Saraogi for plaintiff present.
Already adjd. To 07/03/2022 for filing W/S by both defendants.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 07-03-2022

Date: 07-03-2022
Business: Court is on leave.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 06-04-2022

Date: 06-04-2022
Business: HHJ is on leave.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 22-04-2022

Date: 22-04-2022
Business: Adv Karan Chaudhary for plaintiff present.
None for defendant no.1.
Adv Mrs Tondwalkar for defendant no.2 / MCGM is present.
Adjd. To 11/07/2022 for w/s.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 11-07-2022

Date: 11-07-2022
Business: Adv. Neha Pandey h/f Adv. A. M. Sargaogi for plaintiff present.
None for deft. No. 1.
Adv. Mrs. Tondwalkar for defendant No. 2/ MCGM is present and requested time to file W/S. Time is granted till next date.
Plaintiff is directed to file affidavit of service regarding service upon deft. No. 1 on next date.
Adjd. to 12/09/2022 for filing W/S by deft. No. 2/ for filing affidavit of service upon deft. No. 1, by plaintiff.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 12-09-2022

Date: 12-09-2022
Business: Adv. Neha Pandey h/f Adv. A. M. Saraogi for plaintiff present.
None for deft. No.1
Adv. Mrs. Tondwalkar for defendant No.2/ BMC is present and requested time to file W/S. Time is granted till next date.
Plaintiff is directed to file affidavit of service regarding service upon deft. No.1 on next date.
Adjd. to 02/11/2022 for filing W/S by deft. No.2/ for filing affidavit of service upon deft. No.1 by plaintiff.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 02-11-2022

Date: 02-11-2022
Business: Adv. Sana Khan h/f Adv. A. M. Saraogi for plaintiff present and seeking time to serve summons to deft. No.1. Time is granted till next date.
None for deft. No.1.
Adv. Mrs. Tondwalkar for defendant No.2/ BMC is present and requested time to file W/S. Time is granted till next date as a last chance.
Plaintiff is directed to file affidavit of service regarding service upon deft. No.1 on next date.
Adjd. to 21/12/2022 for filing W/S by deft. No.2/ for filing affidavit of service upon deft. No.1 by plaintiff.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 21-12-2022

Date: 21-12-2022
Business: Adv. Karan Chaudhary for plaintiff present.
None for defendant No.1.
Adv. Mrs. Tondwalkar for defendant No.2/ BMC is present.
Suit is of year 2018 and corporation has not filed reply hence, suit to proceed without W/S of defendant No.2/ BMC.
Adv. for plaintiff is directed to file affidavit of writ of summons of defendant No.1.
Adjd. to 01/02/2023 for filing service affidavit of defendant No.1.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 01-02-2023

Date: 01-02-2023
Business: Adv. Neha Pandey h/f Adv. A. M. Saraogi for plaintiff present.
None for defendant No.1.
Adv. Mr. Sutar for defendant No.2/ BMC is present.
Adv. for plaintiff is directed to file affidavit of writ of summons of defendant No.1.
Adjd. to 10/04/2023 for filing service affidavit of defendant No.1.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 10-04-2023

Date: 10-04-2023
Business: Adv. Ravindra Singh h.f. Adv. Saraogi for plaintiff present and tendered affidavit of service upon defendant no.1TOR
Adv. Mr. Suryavanshi for defendant no.2/ BMC is present.
Adjd. to 23.08.2023 for service of writ of summons upon defendant no.1.
Next Purpose: SERVICE
Next Hearing Date: 23-08-2023

Date: 23-08-2023
Business: Advocate Pooja Narvekar  for plaintiff present and seeks time to serve writ of summons upon def No. 1
Advocate Suryavanshi  for defendant No.2/BMC present.
Adv fro plaintiff submitted def No.2 not filed WS inspite of service of writ of summons.  Adv. defendant/BMC  submitted to pass necessary order. Hence suit to proceed without Ws.
Adjd to  21.11.2023   for  Writ of summons on def No. 1
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 21-11-2023

Date: 21-11-2023
Business: Advocate Narvekar h/f Saraogi for plaintiff present and seeks time to serve writ of summons upon deft No. 1. Suit is of year 2018 i.e. five years old. However in the interest of justice time is granted as a last chance with direction that if plaintiff not taken steps necessary order will be passed.
Advocate Mhatre for defendant No. 2/BMC present.
None present for deft No. 1
Adjd  to 09.01.2024   for Service of  Writ of summons upon deft NO. 1
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 09-01-2024

Date: 09-01-2024
Business: None present for plaintiff.
Advocate Mhatre h/f Suryavanshi for defendant No.2/BMC present.
The suit is of 2018 and plaintiff has not taken necessary steps for service of writ of summons. Hence writ of summons be served upon def No. 3 through  Bailiff of office of the Sheriff of Mumbai. Plaintiff to provide necessary copies within week.
Adjd  to 27.03.2024   for service of writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 27-03-2024

Date: 27-03-2024
Business: Advocate  Vikas Mishra h/f Saraogi for plaintiff present and seeks time to serve writ of summons through Bailiff of office of the   Sheriff of Mumbai to deft No. 1.
Advocate  Suryavanshi for defendant No.2/BMC present.
Adjd  to  10.07.2024   for service of writ of summons upon deft No. 1.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 10-07-2024

Date: 10-07-2024
Business: None for plaintiff
Adv. Mrs. Vyawahare for BMC present
Suit is of 2018 and pending since long for Writ of Summons upon the defendant No.1 but the plaintiff has not taken steps to serve Writ of Summons upon the defendant No.1. Hence adjourned for dismissal of suit against the defendant No.1, for want of prosecution to 20/7/2024 for dismissal of suit against the defendant No.1.
Next Purpose: SUIT DISMISSAL
Next Hearing Date: 20-07-2024

Date: 20-07-2024
Business: None present for plaintiff
Advocate Waghmarem h/f Honmane for defendant/BMC present.
Due to heavy rain fall there is direction not to pass adverse order, hence matter adjourned
Adjd  to  17.08.2024   for dismissal of suit.
Next Purpose: SUIT DISMISSAL
Next Hearing Date: 17-08-2024

Date: 17-08-2024
Business: Court is on leave
Next Purpose: SUIT DISMISSAL
Next Hearing Date: 21-09-2024

Date: 21-09-2024
Business: PO is on leave, hence board is discharged and matter is adjourned
Next Purpose: SUIT DISMISSAL
Next Hearing Date: 05-10-2024

Date: 05-10-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
Advocate Sanjay Singh h/f Saraogi for plaintiff present and requested to keep back the matter. Hence kept back.
Advocate  Nagarthawar   for defendant/BMC present.
keep back
Later on
The suit is today listed for dismissal of suit against deft no. 1 for want of service of writ of summons. In the morning session adv for plaintiff requested to keep back the matter but he did not turn up till 5.20 p.m. The suit is of year 2018 and inspite of sufficient opportunity plaintiff not taken steps to serve writ of summons and suit against deft No. 1 is dismissed. The no ws order has been passed against deft/BMC. Matter adjourned for No Ws evidence.
Adjd  to   27.11.2024   for plaintiff evidence ( without WS)
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-11-2024

Date: 27-11-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
None present for plaintiff
Advocate  Honmane  for defendant No. 2/BMC present.
None present for deft No. 1
Adjd  to 15.01.2025     for plaintiff evidence ( Without WS)
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-01-2025

Date: 15-01-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
Adv. Mr. Ravindra Singh h/f Adv. Mr. Ashok Saraogi for the plaintiff is present. He informed that even after due intimation, the plaintiff is absent and therefore, he has no instructions to proceed with the matter. Adv. Ms.Sangita Honmane for defendant/MCGM is present.

Order below Exhibit No. 01:
      The record shows that the plaintiff is absent to proceed further with the matter since. Even today, he is absent and his Advocate has no instructions in this matter. Nor, any stay order is brought on record. It is, thus, clear that he is not worried to proceed further with the suit. In the result, the suit is dismissed for want of his prosecution U/O. IX, Rule 8 of the C.P.C.,1908. All the pending applications are filed. The parties to bear their own costs of litigation. Bill of costs be drawn-up accordingly.
	The Original documents filed on record be returned to the respective parties, on their submitting its Certified Copies, if the documents are exhibited, or Self-attested True Copies, if the documents are not exhibited, along-with undertaking to furnish the originals as and when required by the Court. The concerned Department to do the needful. The proceeding is closed.
Nature Of Disposal: DISMISSED
Disposal Date: 15-01-2025

Additional Case Details

Additional Case Details
Filing Number: 107605/2018
Filing Date: 11-06-2018
First Hearing Date: 26th June 2018
Decision Date: 15th January 2025
Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE

Orders

2
Final Order 1Full order available
15 Jan 2025

Order Details: Other Pdf Text: Dt:15.01.2025 Sr. No. 8 SU 1440/18 CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04) Adv. Mr. Ravindra Singh h/f Adv. Mr. Ashok Saraogi for the plaintiff is present. He informed that even after due intimation, the plaintiff is absent and therefore, he has no instructions to proceed with the matter. Adv. Ms.Sangita Honmane for defendant/MCGM is present. Order below Exhibit No. 01: The record shows that the plaintiff is absent to proceed further with…

Read Full Order
Order 1Full order available
15 Jan 2025

Order Details: Other Pdf Text: Dt:15.01.2025 Sr. No. 8 SU 1440/18 CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04) Adv. Mr. Ravindra Singh h/f Adv. Mr. Ashok Saraogi for the plaintiff is present. He informed that even after due intimation, the plaintiff is absent and therefore, he has no instructions to proceed with the matter. Adv. Ms.Sangita Honmane for defendant/MCGM is present. Order below Exhibit No. 01: The record shows that the plaintiff is absent to proceed further with…

Read Full Order

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