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SUIT - SHORT CAUSE CIVIL SUIT

Smt. Sarita Sitaram JaiswalVsUmashankar Mahesh Jaiswal +1 more

CNR MHCC0100702520192-COURT 02 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--CONSENT DECREE
Decision Date: 13th July 2022

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
102044/2019
Registration Date
15 Jul 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    Hindu Marriage Act · Sec 34 · 39

    Case History / Proceedings

    Case History
    Date: 05-08-2019
    Business: Adv. Jadhav for Plaintiff present.
    Adv. Adenwala for defendant No. 1 and 2  present and filed vakaltanama tor.
    Exh- 2 Vakalatnama by Adv. Adenwala on behalf of defendant No. 1 and 2 .
    Adv. For defendant also filed reply to NM No. 2975/19. Copy given to other side.
    Adjd.  for NM rejoinder to 31/08/2019
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 31-08-2019
    
    Date: 31-08-2019
    Business: Adv. Jadhav for Plaintiff present and filed affidavit in rejoinder.
    Copy is given to other side.
    Adv. Adenwala For defendant present.
    Matter adjd for NM Hearing to 04/10/2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-10-2019
    
    Date: 04-10-2019
    Business: Adv.Jadhav  for Plaintiff present.
    Adv. Edanwala for defendant  present.
    Adv. For plaintiff submitted that parties are relatives of each other and there is possibility of settlement.  Keeping in view submission of advocate for plaintiff matter is referred for mediation.  Notice be issued to parties through mediation center to remain present before mediator on 18.10.2019.
    Adjd. To 8.11.2019 for mediation report.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 08-11-2019
    
    Date: 08-11-2019
    Business: Adv. Jadhav for plaintiff.
    Adv. Sarika Chaudhari for defendant
    Mediation report awaited.
    Adjourned for mediation report to 30.11.2019.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 30-11-2019
    
    Date: 30-11-2019
    Business: Adv. Vaibhav Gargade for plaintiff present.
    Mediation report awaited.
    Adjourned for mediation report to 17.01.2020
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 07-01-2020
    
    Date: 07-01-2020
    Business: NOBTOB
    Exh.3 Received report from mediation department.
    Mediation failed.
    Already adjourned to 17.01.2020
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 17-01-2020
    
    Date: 17-01-2020
    Business: Adv. Vaibhav Gargade for plaintiff present.
    Adv. Edanwala for defendant No 1 and 2 present.
    Pleadings of parties are complete so now matter is posted for NM hearing.
    Adjourned to 18.02.2020 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-02-2020
    
    Date: 18-02-2020
    Business: Adv Gargade for plff present.
    Adv Sarika Choudhary for deft no. 1 and 2 present.
    With consent of both parties, matter stands Adj for NM hearing to 19/03/2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-03-2020
    
    Date: 19-03-2020
    Business: Plff and her Adv absent.
    Adv Sarika Choudhary for deft present.
    Matter stands Adj for NM hearing to 29/04/2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-04-2020
    
    Date: 29-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-05-2020
    
    Date: 29-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-05-2020
    
    Date: 20-05-2020
    Business: National Lockdown
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-06-2020
    
    Date: 20-05-2020
    Business: National Lockdown
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-06-2020
    
    Date: 08-06-2020
    Business: Adv M. A. Adenwala for defts present.
    Matter stands Adj for NM Hearing to 03/08/2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-08-2020
    
    Date: 03-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-10-2020
    
    Date: 14-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-12-2020
    
    Date: 14-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-12-2020
    
    Date: 18-12-2020
    Business: None present.
    Matter stands Adj for NM Hearing to 10/02/2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-02-2021
    
    Date: 10-02-2021
    Business: Adv Mohan Jadhav for plff present.
    Matter stands Adj for NM Hearing to 11/03/2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-03-2021
    
    Date: 11-03-2021
    Business: None for plff.
    Adv Edenwala for defts present.
    He tendered draft NM for condonation of delay in filing written statement.  Leave to register granted.  Copy be served to the plff.
    Matter stands Adj for NM Reply to 26/04/2021.
    Next Purpose: REPLY
    Next Hearing Date: 26-04-2021
    
    Date: 26-04-2021
    Business: Due to covid-19. matter adjourned
    Next Purpose: REPLY
    Next Hearing Date: 08-07-2021
    
    Date: 26-04-2021
    Business: Due to covid-19. matter adjourned
    Next Purpose: REPLY
    Next Hearing Date: 08-07-2021
    
    Date: 08-07-2021
    Business: Due to Covid-19 matter adjourned.
    Next Purpose: REPLY
    Next Hearing Date: 25-08-2021
    
    Date: 25-08-2021
    Business: Adv Mohan Jadhav for plff present.
    He submitted that plff has not received copy of NM.
    None for deft.
    Deft is directed to serve copy of NM on plff.
    Matter stands Adj for NM Reply to 14/10/2021.
    Next Purpose: REPLY
    Next Hearing Date: 14-10-2021
    
    Date: 14-10-2021
    Business: Adv. Jadhav for plaintiff present.
    Adv. Adenwala for defendant present.
    Defendant tendered registered NM 794/2021.
    Copy given to plaintiff.
    Plaintiff tendered draft chamber summons.
    Leave granted. Copy given to other side.
    As Court is buzy in administrative work.
    Adjd for reply on 26.11.2021.
    Next Purpose: REPLY
    Next Hearing Date: 26-11-2021
    
    Date: 26-11-2021
    Business: Adv Padmini Ainapure for plff present.
    She tendered register CS 1522/2021. t.o.r.
    Adv Edenwala for deft no. 2 present.
    Heard Adv for plff and deft no. 2.  Adv for deft no. 2 submitted to allow Chamber summons for the reason that proposed deft no. 1a to 1e are LR\\\''s of deft no. 1.  Deft no. 1 expired on 22/04/2021 i.e. during the lock-down position. Suit is for partition and separate possession.  Hence cause of action survives to LR\\\''s of original deft no. 1.  Under the facts and circumstance Chamber Summons 1522/2021 is partly allowed.  Plff to carry out amendment in the plaint within 14 days from this order.  Plff to serve copy of amended plaint on proposed deft no. 1a to 1e before next date.
    Last chance is granted to the plff to file reply on NM 794/2021.
    Matter stands Adj for Compliance and Reply on NM 794/2021 and Hearing 2795/2019 to  05/01/2022.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 05-01-2022
    
    Date: 05-01-2022
    Business: Both parties and their Adv absent.
    Matter stands Adj for Affidavit of Service of copy of amended plaint on deft no. 1a to 1e, reply NM 794/2021 and Hearing 2795/2019 to 08/02/2022.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 08-02-2022
    
    Date: 08-02-2022
    Business: Due to Covid-19 matter is adjd to
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 31-03-2022
    
    Date: 31-03-2022
    Business: P. O. is on Leave.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 02-05-2022
    
    Date: 02-05-2022
    Business: Adv Misbah Shaikh for plff present.
    Adv Edenwala for deft no. 2 present.
    P. O. is busy in dictating Judgment in SU 554/2019 and order on NM 505/2021 in SU 598/2021.
    Hence matter stands Adj for Affidavit of Service to 24/06/2022.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 24-06-2022
    
    Date: 24-06-2022
    Business: PO is on leave.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 27-06-2022
    
    Date: 24-06-2022
    Business: PO is on leave.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 27-06-2022
    
    Date: 24-06-2022
    Business: PO is on leave.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 27-06-2022
    
    Date: 27-06-2022
    Business: Adv. Mohan Jadhav  for plaintiff present.
    Adv. Helanwala  for defendant present. He tendered v/p. TOR.EXH. 04
    Defendant no. 1a to 1e present.
    Plaintiff, defendants are present. Suit property was owned by deceased Mahesh Jaiswal. He died in test living behind 3 Sons and 2 daughters. Defendant no. 2 Munnalal made statement that effect to open court on inquiry.  Plaintiff is directed to act daughter of  deceased Mahesh Jaiswal for passing effective decree.
    Matter is adjd for appearance to 23/08/2022.
    Next Purpose: FOR APPERANCE
    Next Hearing Date: 08-07-2022
    
    Date: 08-07-2022
    Business: By precipe matter is TOR.
    Adv.Mohan Jadhav for plaintiff present.
    Adv.  Adanwala for defendant no. 1a to 1e  present.
    Plaintiff and defendant no. 1a to 1e and defendant no. 2 present. Parties seek time to procure the presence of Sister Shakuntala and Maya. Time granted.
    Already matter is adjd to 23/08/2022.
    Next Purpose: FOR APPERANCE
    Next Hearing Date: 13-07-2022
    
    Date: 08-07-2022
    Business: By precipe matter is TOR.
    Adv.Mohan Jadhav for plaintiff present.
    Adv.  Adanwala for defendant no. 1a to 1e  present.
    Plaintiff and defendant no. 1a to 1e and defendant no. 2 present. Parties seek time to procure the presence of Sister Shakuntala and Maya. Time granted.
    Already matter is adjd to 23/08/2022.
    Next Purpose: FOR APPERANCE
    Next Hearing Date: 13-07-2022
    
    Date: 08-07-2022
    Business: By precipe matter is TOR.
    Adv.Mohan Jadhav for plaintiff present.
    Adv.  Adanwala for defendant no. 1a to 1e  present.
    Plaintiff and defendant no. 1a to 1e and defendant no. 2 present. Parties seek time to procure the presence of Sister Shakuntala and Maya. Time granted.
    Already matter is adjd to 23/08/2022.
    Next Purpose: FOR APPERANCE
    Next Hearing Date: 13-07-2022
    
    Date: 13-07-2022
    Business: Adv. Jadhav for plff present.
    Adv.Edenwala for deft no.1-A to 1-E and Deft no. 2 present.
    Plff present. Deft 1-A to 1-E and Deft no. 2 present.
    The sisters of Deft no. 2 namely Shakuntala and Maya Jaiswal are present. They are identified by Advocate for deft. Plff and defts are duly identified by respective advocates before the Court. The sisters of the deft no. 2 have relinquished their rights by filing consent affidavit through Power of attorney holder Ajay Umashankar Jaiswal. Consent affidavit is TOR. Both the sisters made statement before the Court that they have relinquished their share in terms of consent affidavit Exh.5. Terms of compromised are admitted by plff and deft when read over them, hence accepted and recorded. Suit is decreed in consent terms Exh.6. Decree be drawn up accordingly. No order as to costs. Court fee be returned as per rule. NM 2795/19 and NM 794/21 stands disposed of.
    Nature Of Disposal: CONSENT DECREE
    Disposal Date: 13-07-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 107529/2019
    Filing Date: 09-07-2019
    First Hearing Date: 05th August 2019
    Decision Date: 13th July 2022
    Court Number And Judge: 2-COURT 02 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    13 Jul 2022

    Order Details: Other Pdf Text: Daily Status IN THE COURT OF :COURT 02 ADDL SESSIONS JUDGE Case No. :SUIT/0102044/2019 Smt. Sarita Sitaram Jaiswal Vs Umashankar Mahesh Jaiswal Date : 13-07-2022 Business : Adv. Jadhav for plff present. Adv.Edenwala for deft no.1-A to 1-E and Deft no. 2 present. Plff present. Deft 1-A to 1-E and Deft no. 2 present. The sisters of Deft no. 2 namely Shakuntala and Maya Jaiswal are present. They are identified by Advocate for deft. Plff…

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