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SUIT - SHORT CAUSE CIVIL SUIT

Smt. Vijaya Yaswant Jadhav +1 moreVsShubhangi Suresh Parkar +2 more

CNR MHCC0100732820188-COURT 08 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 14th December 2022

TrustJury record updated 14 Sept 2026

Case Overview

Registration Number
101624/2018
Registration Date
02 Jul 2018

Advocates

1

For Respondent

    Not available

    Parties

    5

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec Order 39 · Rule2

    Case History / Proceedings

    Case History
    Date: 23-07-2018
    Business: Adv. Mithilesh Rajbhar for Plaintiff present.  He tendered registered NM No. 2600/18.  TOR.
    Plaintiff to serve writ of summons upon Defendant.
    Adjourned to 29.08.2018 for Service of Writ of Summons/NM reply.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 29-08-2018
    
    Date: 29-08-2018
    Business: Adv. Mr. Mithilesh Rajbhar for Plaintiff present and filed Affidavit of Service with Writ of Summons.
    Adv. Ms. Mangal Kadam for Defendant Nos. 2 and 2/MHADA present.
    Matter adj. to 23/10/2018 for NM Hearing
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-10-2018
    
    Date: 23-10-2018
    Reason For Adjournment: court time is over
    Next Purpose: NM  ORDERS
    Next Hearing Date: 19-11-2018
    
    Date: 19-11-2018
    Reason For Adjournment: court time is over
    Next Purpose: NM  ORDERS
    Next Hearing Date: 18-12-2018
    
    Date: 18-12-2018
    Business: As court is busy in hearing NM in Suit no.593/16 and in Suit No.1954/16, board is discharged.
    Adjd. For NM hearing to 11.02.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-02-2019
    
    Date: 11-02-2019
    Business: None present for plaintiff.
    Adv. Rajeshirke for defendant no.1 present and tendered registered NM 4543/18 with affidavit in support.
    Adv. Mangal Kadam for defendant nos.2 and 3 present.
    As court is busy in other old matters and as nobody is present for plaintiff this suit is adjd. to 23.04.2019 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-04-2019
    
    Date: 23-04-2019
    Business: Adv. M .G. Rajbhar for plaintiff present.
    Adv. Nikhil Rajeshirke for defendant no.1 present and supplied copy of NM to advocate for plaintiff.
    Matter is adjourned for reply to NM of defendants to  15.07.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-07-2019
    
    Date: 15-07-2019
    Business: Adv. Rajbhar for the Plaintiff present.
    Adv. Mangal Kadam for Defendant nos. 2 and 3 present.
    Adv. Aniket Khadase for Defendant no. 1 present.
    Order passed below N/M no. 4543/18.
    This N/M has been taken out by Defendant no. 1 for condoning delay in filing WS. Defendant no. 1 has tendered affidavit in support of N/M. Perused reason stated therein in support of N/M. In order to decide suit on merits, it is just and proper to grant N/M. Hence, in the interest of justice, N/M is to be allowed . With this I proceed to pass the following order.
    Order
    1.  Notice of Motion no. 4543/2018 is made absolute in terms of prayer clause (a).
    2.  Defendant no. 1 is permitted to file WS on or before next date.
    3. Notice of Motion No. 4543/2018 stands disposed of accordingly.
    Matter is adjd. to 24.09.2019 for compliance by Defendant no. 1/ N/M hearing.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 24-09-2019
    
    Date: 24-09-2019
    Business: None present  for the Plaintiff.
    Adv. Mangal Kadam for Defendant-2 present.
    Adv. Bhagyashree for Defendant-1 present.
    Written Statement by Defendant no. 1. t.o.r. O-filed.
    As the Court is busy in dictating Judgment, orders and other matters on board, hence board is discharged.
    Matter is adjd. to 17.12.2019
    Next Purpose: COMPLIANCE
    Next Hearing Date: 17-12-2019
    
    Date: 17-12-2019
    Next Purpose: COMPLIANCE
    Next Hearing Date: 10-02-2020
    
    Date: 10-02-2020
    Business: None present  for plaintiff.
    Adv. Mangal Kadam  for defendant no.2 and 3  is present.
    Adv. Bhagyashri Dhamapurkar for defendant no. 1 is present.
    Matter is adjd.  for compliance   to 20/04/2020.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 20-04-2020
    
    Date: 20-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: COMPLIANCE
    Next Hearing Date: 11-05-2020
    
    Date: 11-05-2020
    Next Purpose: COMPLIANCE
    Next Hearing Date: 30-05-2020
    
    Date: 30-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: COMPLIANCE
    Next Hearing Date: 17-06-2020
    
    Date: 17-06-2020
    Next Purpose: COMPLIANCE
    Next Hearing Date: 11-09-2020
    
    Date: 11-09-2020
    Business: Due to direction to combat Corona Virus, board is discharged as
    only matters for argument are taken up.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 04-11-2020
    
    Date: 04-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: COMPLIANCE
    Next Hearing Date: 16-02-2021
    
    Date: 16-02-2021
    Business: Adv Rajbhar for plaintiff.
    Adv. Bhaygashree for defendant No.1.
    Adv Mangal Kadam for defendants No.2 and 3.
    Matter is adjd. to 19.04.2021 for  NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-04-2021
    
    Date: 19-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-07-2021
    
    Date: 12-07-2021
    Business: due to covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-09-2021
    
    Date: 16-09-2021
    Business: Adv. absent for plaintiff.
    Adv Bhagyashre present for defendant no. 01
    Adv Mangal present for defendant MHADA.
    Matter adjourned for nm hrg. to. 06/12/21.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-12-2021
    
    Date: 06-12-2021
    Business: Adv MrRajbhar present for the plaintiff.
    Adv Bhagyashree present for the defendant no.1
    Adv Mangal Kadam present for the defendant nos.2 and 3
    Matter is adjd. to 24.01.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-01-2022
    
    Date: 24-01-2022
    Business: Due to SOP only urgent matters are taken up.
    Matter is adjd. to 05.04.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-04-2022
    
    Date: 05-04-2022
    Business: Adv. Nikhilesh present  for plaintiff and sought adjournment nm hrg.
    Adv. Bhagyeshri present for defendant 01.
    Adv. Mangal Kadam present for defendants 02 and 03/MHADA.
    Matter adjourned for nm hrg. To 25/04/22.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-04-2022
    
    Date: 25-04-2022
    Business: Adv. Mr. Asnale for plaintiff is present and sought adjournment.
    Adv. Ms.Bhagyshree for defendant No. 1 is present.
    Adv. Ms. Mangal Kadam for defendant Nos. 2 and 3 is present.
    Matter adjourned for NM hearing to. 12.07.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-07-2022
    
    Date: 12-07-2022
    Business: Adv. Mangal for deft no.2 and 3 present. Adv. Bhagyashri Dhamapurkar for deft no. 1  present. None for plff. As plff and his advocate absent, adjd for NM dismissal order on 10.8.22.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 10-08-2022
    
    Date: 10-08-2022
    Business: Adv. Nikhilesh present for plaintiff.
    Adv. Bhagyeshri dhamapurkar present for defendant 01.
    Adv. Mangal Kadam present for defendants 02 and 03/MHADA.
    Adv. For plaintiff and defendant no. no. 01 requested to refer the matter to mediation. Hence, matter be referred to mediation.
    Matter adjourned for mediation report to 20/09/22.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 20-09-2022
    
    Date: 20-09-2022
    Business: Adv. Nikhilesh Rajbar present for plaintiff.
    None present for defendants.
    Matter adjourned for mediation report to 06/10/22.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 06-10-2022
    
    Date: 06-10-2022
    Business: None present for plaintiff.
    Adv. Bhagyashree Jamapurkar present for defendant No.1.
    Adv. Mangal Kadam presnet for defendant Nos.2 and 3
    None present for other defendant.
    Matter adjourned for to 15-11-2022.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 15-11-2022
    
    Date: 15-11-2022
    Business: None present for plaintiff.
    Adv Tejasvi Salvi present for defendant no.01.
    None present for other defendants.
    Matter adjourned for Mediation Report to 06.12.22.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 06-12-2022
    
    Date: 06-12-2022
    Business: Adv Mithilesh Rajbhar present for plaintiff and submitted that matter is settled and sought adjournment.
    Adv Ritesh Jadhav present for defendant no. 01.
    Adv Mangal Kadam present for defendant nos. 02 & 03.
    Matter adjourned for Mediation Report to 10.01.2023.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 14-12-2022
    
    Date: 14-12-2022
    Business: By praecipe
    Adv. Mithilesh Rajbar present for plaintiff.
    Adv. Tejasw salvi present for defendant no. 01.
    None present for other defendant 02 and 03.
    Plaint
    Vakalatnama. O- Seen and filed.
    Address Memo. O- R and R.
    List of documents. O - Seen and filed
    Affidavit in support of plaint
    Report of mediation received. t.o.r. marked as Exh. 06.
    Consent terms between plaintiffs and defendant no. 01 received alongwith the report of mediation. t.o.r.marked as Exh. 07.
    Both Plaintiffs are in person present.
    Defendant 01 in person present.
    Adv. For plaintiff tendered application for unconditional withdrawal of the suit against defendant no. 02 and 03. t.o.r. marked as Exh. 08.
    Following order is passed on Exh. 08.
    Order – Perused the application and record.
    Both the plaintiffs and advocate for plaintiffs submitted that, plaintiffs are withdrawing suit unconditionally against defendant no. 02 and 03 and submitted that, suit be disposed of as withdrawn unconditionally against defendant no. 02 and 03. Therefore, application Exh. 08 is allowed and plaintiffs are allowed to withdraw the suit unconditionally against defendant no. 02 and 03.
         In view of order below Exh. 08 and submission of plaintiffs and their advocate to dispose of the suit as withdrawn unconditionally against defendant no. 02 and 03, suit is disposed of as withdrawn unconditionally.
          Plaintiffs are present and they are duly identified by Adv. Mithilesh Rajbar. Defendant no. 01 is present and identified by advocate Tejaswi Salwi. The consent terms Exh. 07 are in writing and signed by both the plaintiffs, their advocate, defendant no. 01 and her advocate. Both the parties submitted that, they have voluntarily tendered the consent terms. The consent terms appears to be legal. Therefore, consent terms Exh. 07 are accepted and read and recorded.
        Adv. For plaintiffs and defendant no. 01 submitted to that suit be disposed of in terms of consent terms Exh. 07. Hence, suit is disposed of in terms of consent terms Exh. 07. As the suit is disposed of, Notice of Motion no. 2600/2018 does not survive. Hence, Notice of Motion no. 2600/2018 is also disposed of. Proceeding is closed.
    Nature Of Disposal: WITHDRAWL
    Disposal Date: 14-12-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 108068/2018
    Filing Date: 19-06-2018
    First Hearing Date: 23rd July 2018
    Decision Date: 14th December 2022
    Court Number And Judge: 8-COURT 08 ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    14 Dec 2022

    Order Details: Other Pdf Text: Daily Status IN THE COURT OF :COURT 08 ADDL SESSIONS JUDGE Case No. :SUIT/0101624/2018 1. Smt. Vijaya Yaswant Jadhav 2. Mr. Anand Yaswant Jadhav Vs 1. Shubhangi Suresh Parkar 2.MBRRB 3.Estate Manager Date : 14-12-2022 Business : By praecipe Adv. Mithilesh Rajbar present for plaintiff. Adv. Tejasw salvi present for defendant no. 01. None present for other defendant 02 and 03. Plaint Vakalatnama. O Seen and filed. Address Memo. O R and R. List of…

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    Order 1Full order available
    14 Dec 2022

    Order Details: Other Pdf Text: Daily Status IN THE COURT OF :COURT 08 ADDL SESSIONS JUDGE Case No. :SUIT/0101624/2018 1. Smt. Vijaya Yaswant Jadhav 2. Mr. Anand Yaswant Jadhav Vs 1. Shubhangi Suresh Parkar 2.MBRRB 3.Estate Manager Date : 14-12-2022 Business : By praecipe Adv. Mithilesh Rajbar present for plaintiff. Adv. Tejasw salvi present for defendant no. 01. None present for other defendant 02 and 03. Plaint Vakalatnama. O Seen and filed. Address Memo. O R and R. List of…

    Read Full Order

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