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SUIT - SHORT CAUSE CIVIL SUIT

Smt. Susheela Gopal ShriyanVsState of Maharashtra

CNR MHCC0100748920189-COURT 09 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DECREED
Decision Date: 30th January 2023

TrustJury record updated 14 Sept 2026

Case Overview

Registration Number
101778/2018
Registration Date
17 Jul 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 07-08-2018
    Business: Matter adj. to 22/10/2018 for filing WS.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 22-10-2018
    
    Date: 22-10-2018
    Business: Matter adj. to 14/01/2019 for Documents, Admission/Denial, Interrogatories/Issues
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 14-01-2019
    
    Date: 14-01-2019
    Business: Adv. R.R.Thakur h/f Adv. Sayyid for plaintiff present.
    Adv. Shukla h/f Adv. Martina Sakpal for defendant/state present.
    Exh.1 Plaint.
    Exh.2 VP in plaint.
    Exh.3 Memorandum of address in plaint.
    Exh.4 List of documents in plaint
    Advocate for defendant tendered WS Exh.5. R and R.
    Adjd. For draft issues to 01.03.2019.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 01-03-2019
    
    Date: 01-03-2019
    Business: Adv. R.R.Thakur Plaintiff present.
    Adv. Shukla h/f Adv. Martina Sapkal for defendant/State present.
    On request of advocate for plaintiff, adjourned to 30.04.2019 for filing draft Issues.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 30-04-2019
    
    Date: 30-04-2019
    Business: Adv. R.R. Thakur for plaintiff present and tendered application at Exh.6 to give priority to the matter on the ground that plaintiff is senior citizen aged 65 years.
    O- Allowed as plaintiff is senior citizen. Priority will be given to the matter subject to other more than 5, 10,20 and 40 years suits and time bound and expedited matters by Hon\''ble High Court and Hon\''ble Supreme Court
    Adv. Shukla h/f Adv. Martina Sapkal for defendant/State present.
    Adjourned to 04.06.2019 for draft Issues and framing of Issues.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 04-06-2019
    
    Date: 04-06-2019
    Business: None present for the Plaintiff.
    None present for the Defendant.
    Matter is adjd. to 23.07.2019 for draft issues/ issues.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 23-07-2019
    
    Date: 23-07-2019
    Business: Adv.Thakur for the Plaintiff present.
    None for defendant.
    Matter is adjd. to 09.10.2019 for draft issues.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 09-10-2019
    
    Date: 09-10-2019
    Business: None present  for the Plaintiff.
    None present  for Defendant.
    Draft issues not tendered.
    Matter is adjd. to 10.01.2020 for issues.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 10-01-2020
    
    Date: 10-01-2020
    Business: Adv. Mr. Thakur h/f A. A. Sayyad for Plaintiff is present.
    Adv. Shukla h/f Martina Sapkal for defendant/State. is present.
    Issues framed.
    Matter is adjd.  for evidence of the plff on 31.01.2020.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 31-01-2020
    
    Date: 31-01-2020
    Business: Court is on leave.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 13-04-2020
    
    Date: 13-04-2020
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 28-04-2020
    
    Date: 28-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 19-05-2020
    
    Date: 19-05-2020
    Business: National Lock Down
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 06-06-2020
    
    Date: 06-06-2020
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 24-06-2020
    
    Date: 24-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 23-09-2020
    
    Date: 23-09-2020
    Business: Due to heavy rainfall, holiday is declared and lockdown because
    of Covid-19, board is discharged and as per SOP only urgent
    matters are taken up.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 03-10-2020
    
    Date: 03-10-2020
    Business: Due to direction to combat Corona Virus, board is discharged as
    per SOP only urgent matters are taken up.
    Matter is adjd. to   25.01.2021
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 25-01-2021
    
    Date: 25-01-2021
    Business: Both the parties and their advocates are absent.
    Matter is adjd. to 15/04/2021 for evidence.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 15-04-2021
    
    Date: 15-04-2021
    Business: Due to Covid-19
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 05-07-2021
    
    Date: 05-07-2021
    Business: due to covid-19
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 26-08-2021
    
    Date: 26-08-2021
    Business: court is on leave
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 17-11-2021
    
    Date: 17-11-2021
    Business: None present fo the plaintiff.
    Adv Priyanka Gaonkar present for the defendant.
    Matter is adjd. to 23.12.2021 for R.E.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 23-12-2021
    
    Date: 23-12-2021
    Business: As Court is busy in hearing arguments in other matter on board. Hence, board is discharged.
    Matter is adjd. to 25.02.2022 for R.E.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 25-02-2022
    
    Date: 25-02-2022
    Business: Adv Mr.R.R.Thakur H/f Adv A.A.Sayyid for plaintiff present and files application for adjournment at Exh.8. Granted.
    Adv Priyanka Gaonkar H/f Martina Sakpal for State present.
    Matter is adjd. to 28.04.2022 for R.E.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 28-04-2022
    
    Date: 28-04-2022
    Business: None present for the parties.
    Matter is adjd. to 03-08-2022.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 03-08-2022
    
    Date: 03-08-2022
    Business: None present for plaintiff even direction is given to him. It appears that plaintiff does not want to proceed with suit. Hence kept for dismissal.
    Adv. Remedij h/f Adv. R.D.Thorat for defendant No. 1 present.
    Adv.Mangal Kadam for defendant/MHADA present.
    Matter is adjd. to 19.09.2022 for Dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 19-09-2022
    
    Date: 19-09-2022
    Business: Adv. A.A. Sayyid for plaintiff present and filed application - Exh - 09 for adjournment on the ground that plaintiff is residing at Vishakapattanam and she is suffering from spondilysis and unable to travel and seeking time to lead evidence. The matter is adjourned on condition that, the plaintiff shall remain present and lead her evidence on next date.
    Adv. Priyanka Gaonkar h/f Adv. Martina Sakpal present for defendant/State.
    Matter is adjd. to 24.11.2022 for Dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 24-11-2022
    
    Date: 24-11-2022
    Business: Plaintiff and her Adv. R.R. Thakur h/f Adv. A.A. Sayyid and Co. present and filed affidavit of evidence. TOR. Marked at Exh.10 and seeking time to file list of documents on next date. Time granted.
    Advocate Mr. Kapse for the State/defendant present.
    Matter is adjd. to 19.12.2022 for R/E P.H.
    Next Purpose: RECORDING EVIDENCE P.H.
    Next Hearing Date: 19-12-2022
    
    Date: 19-12-2022
    Business: Plaintiff and her Adv. R. R. Thakur h/f Adv.A. A. Sayyid and Co. present and filed list of document. Marked at Exh.11.
    Advocate Mr. Kapse for the State/defendant present.
    Following documents are marked below Exh.11
    Sr.No.1 - Certificate/Police Report of Police Station Visakhapatnam dated 23.05.2018 -Exh.12.
    Sr.No. 2- Letter of Yellow Gate Police Station Mumbai dated 15.02.2008 by Mahdeo S. Mahale -Exh. 13.
    Sr.No.3-Letter dated 31.03.2008 issued by R.R. Shipping to Smt. Sushila G. Shiryan -Exh.14.
    Sr.No. 4-Letter issued by Yellow Gate Police Station, Mumbai dated 23.07.2008 to Smt. Shushila Gopal Shiryan-Exh.15.
    Sr.No.6-Letter of Yellow Gate Police Station Mumbai dated 17.07.2014-Exh.16.
    Sr.No.7- Certificate / Report of Yellow Gate Police Station Mumbai dated 20.04.2016-Exh.17.
    LO at 12.30 pm
    Cross examination of PW-1, Mrs. Susheela Gopal Shriyan by Adv. Kapse for deft/state commenced and completed.
    Plaintiff filed evidence closure pursis. TOR and marked at Exh.18
    The defendant does not want to lead evidence hence, evidence of deft. is closed
    Matter is adjourned to 27.01.2023 for Arguments.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 27-01-2023
    
    Date: 27-01-2023
    Business: Adv. R.R. Thakur h/f Adv. A.A. Sayyid for plaintiff present.
    Advocate Mr. Kapse for the State/defendant present.
    Heard Ld. Advocates for both the sides.
    Matter is adjourned to 30.01.2023 for Judgment.
    Next Purpose: JUDGMENT
    Next Hearing Date: 30-01-2023
    
    Date: 30-01-2023
    Business: Adv. R.R. Thakur h/f Adv. A.A. Sayyid for plaintiff present.
    Adv. Kapse for defendant/State present.
    KB for order.
    LO
    Judgment - Exh.19
    F.R.S.R. the following order is passed in Suit No. 1778/2018.
    Order
    1. The suit is hereby decreed.
    2. It is hereby declared that the husband of plaintiff i.e. Shri Gopala Rama Shriyan is not being heard of for more than seven years and he is Civil Dead.
    3. No order as to costs of the suit.
    4. Decreed be drawn accordingly.
    5. The suit stands disposed of accordingly.
    Advocate for plaintiff filed application, TOR. It is marked at Exh.20    for return of original documents as the suit is disposed of. As per the application, the plaintiff seeking to return the documents. Application at Exh.20 is allowed. Hence, original documents be return to plaintiff as per rule.
    Nature Of Disposal: DECREED
    Disposal Date: 30-01-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 108217/2018
    Filing Date: 22-06-2018
    First Hearing Date: 07th August 2018
    Decision Date: 30th January 2023
    Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    30 Jan 2023

    Order Details: Copy of Judgment Pdf Text: 1 Lodged on : 22.06.2018 Registered on : 21.06.2019 Decided on : 30.01.2023 Duration : 04Y 07M 08D EXHIBIT-19 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY S. C. CIVIL SUIT NO. 1778 OF 2018 ( CNR No.MH-CC-01-007489-2018) SMT. SUSHEELA GOPAL SHRIYAN ] Age 65 Years, Occupation: Housewife] Hindu, Indian Inhabitant, Residing at] 51-15-6, Kranti Nagar, Near Satyam ] Junction, Nakkavanipalem, ] Visakapatnam (U), P & T Colony ] (Vm), Andhra Pradesh-5300013 ]..…

    Read Full Order
    Order 1Full order available
    30 Jan 2023

    Order Details: Copy of Judgment Pdf Text: 1 Lodged on : 22.06.2018 Registered on : 21.06.2019 Decided on : 30.01.2023 Duration : 04Y 07M 08D EXHIBIT-19 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY S. C. CIVIL SUIT NO. 1778 OF 2018 ( CNR No.MH-CC-01-007489-2018) SMT. SUSHEELA GOPAL SHRIYAN ] Age 65 Years, Occupation: Housewife] Hindu, Indian Inhabitant, Residing at] 51-15-6, Kranti Nagar, Near Satyam ] Junction, Nakkavanipalem, ] Visakapatnam (U), P & T Colony ] (Vm), Andhra Pradesh-5300013 ]..…

    Read Full Order

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