SUIT - SHORT CAUSE CIVIL SUIT
Mrs.Elizabeth Dsouza +2 moreVsSagar Mahim CHSL +1 more
CNR MHCC01007502201865-COURT 65 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 08th May 2025
TrustJury record updated 14 Sept 2026
Case Overview
- Registration Number
- 101491/2018
- Registration Date
- 19 Jun 2018
Advocates
0No advocate information is available in this record.
Parties
5Respondent
Acts & Sections
1Hindu Marriage Act · Sec 34
Case History / Proceedings
Case History
Date: 10-07-2018
Business: Fresh Assignment.
Plffs. and their adv. absent.
Defts. and their adv. absent.
kb at 2nd session
Plffs. and their adv. absent.
Defts. and their adv. absent.
Issue Wr/sum against defts.
Matter is adjd. to 01.09.2018 for service affd. / Wr/sum.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 01-09-2018
Date: 01-09-2018
Business: Plff. and his adv. absent.
Deft. and his adv. absent.
Last chance is granted to plff. to file service affd.
Matter is adjd. to 11.12.2018 for Service affd / Wr/sum
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 11-12-2018
Date: 11-12-2018
Business: Adv. for plff. present.
Adv. Clifford Martis for D/2 present.
V/P filed by adv. Clifford Martis filed by adv. for D/2 t.o.r
Service affd. filed by adv. for plff. t.o.r
Adv. for plff. has filed registered N/M No.4024/18 alongwith supporting affd.
Copy served to other side.
Matter is adjd. to. 28.01.2019 for affd of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 28-01-2019
Date: 28-01-2019
Business: As Court is on leave, Board is discharge, Matter is adjd to. 04.04.2019
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-04-2019
Date: 04-04-2019
Business: Adv. for pltff present.
Adv. for D/2 present and has filed to N.M. no. 4024/18.
Rest of the defendants are absent.
Matter is adjd. to.25.06.2019 for hearing on pending Notices of motion and tendering registered N.M by D/2
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-06-2019
Date: 25-06-2019
Business: Court is busy in dictating orders on NM in suit nos.3079/09, suit no.172/90 and court has to dictate order on NM in suit no.9777/87, hence case is adjourned to 18/09/2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-09-2019
Date: 18-09-2019
Business: Advocate Sangita Bhole for Plaintiff present and submitted that on next date she will file reply to Notice of Motion no.1229/19.
Advocate Martis for Defendant no.2 present and filed reply to NM no.4024/18 t.o.r. He also filed registered Notice of Motion no.1229/2019 with affidavit in support, t.o.r. Copy of reply to n/m no.4024/18 is served upon Plaintiff\''s advocate.
Case is adjourned to 02/11/2019 for NM reply.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-11-2019
Date: 02-11-2019
Business: Advocate Sangeeta Bhoir for Plaintiff present and filed reply to NM no.1229/18, t.o.r.
Advocate D\''silva for Defendant no.2 present.
Advocate for Plaintiff sought time for hearing of NM no.4024/18 and submitted that Plaintiff has no grievance to condone the delay caused in filing Written Statement by Defendant no.2. Advocate for Defendant no.2 submitted that this Notice of Motion is taken out within 90 days from copy of service of copy of plaint upon Defendant no.2, hence according to advocate for Defendant no.2, Notice of Motion no.1229/19 is necessary to be made absolute. As such arguments heard.
F.R.S.R. following order has passed-
ORDER
Notice of Motion no.1229 of 2019 is made absolute in terms of prayer clause (a), subject to cost of Rs.1000/- to be paid to Plaintiffs.
Advocate for Defendant no.2 paid cost of Rs.1000/- to Plaintiffs advocate hence Written Statement of Defendant no.2 is taken on record and marked as Exh.4.
Case is adjourned to 10/12/2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-12-2019
Date: 10-12-2019
Business: Advocate Ms. Sangeeta Bhoir for Plaintiff present
None present for Defendants. It is made clear that, if on next date, no one will remain present on behalf of Defendant no.2 court will hear NM arguments of Plaintiff advocate.
Case is adjourned to 03/02/2020 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-02-2020
Date: 03-02-2020
Business: Advocate Ms. Sangita Gole for Plaintiff present and sought time for NM hearing saying that she will once against issue notice to Defendant no.1 society and serve copy of NM upon them. Considering submissions adjourned.
Advocate Mr. D\''silva for Defendant no.2 present
Case is adjourned to 09/04/2020 for Service.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-04-2020
Date: 09-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-04-2020
Date: 09-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-04-2020
Date: 21-04-2020
Business: National Lock down
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-06-2020
Date: 21-04-2020
Business: National Lock down
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-06-2020
Date: 01-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-06-2020
Date: 01-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-06-2020
Date: 18-06-2020
Business: None present for Plaintiff.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 14/08/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-08-2020
Date: 14-08-2020
Business: National Lock down
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-10-2020
Date: 14-08-2020
Business: National Lock down
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-10-2020
Date: 09-10-2020
Business: None present for plaintiffs.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-01-2021
Date: 12-01-2021
Business: None present for Plaintiff/s.
None present for Defendant/s.
As nobody is present for both the parties, considering the present pandemic condition, matter is adjd.for Notice of Motion hearing to 12.04.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-04-2021
Date: 12-04-2021
Business: Holiday declared by Honble High Court (as per office order No.78 of 2021, dt.09.04.2021 of this court)
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-07-2021
Date: 26-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-09-2021
Date: 26-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-09-2021
Date: 02-09-2021
Business: Adv Ms. Sangita Bhole for plff present and seeks time to send fresh letter to deft No.1 again as per roznama dt.03.02.2020.
None present for deft.
Matter is adjd. for compliance to 29.11.2021.
Judge
L.O.at 4.15 p.m.
Adv Mr. Martis for deft No.2 present.
Already adjd. to 29.11.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 29-11-2021
Date: 29-11-2021
Business: Court is on leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 27-01-2022
Date: 29-11-2021
Business: Court is on leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 27-01-2022
Date: 27-01-2022
Business: Due to Covid 19
Next Purpose: COMPLIANCE
Next Hearing Date: 15-03-2022
Date: 27-01-2022
Business: Due to Covid 19
Next Purpose: COMPLIANCE
Next Hearing Date: 15-03-2022
Date: 15-03-2022
Business: None present for plff. hence, matter be kept for order as it appears that plff has not served deft No.1 again as per roznama dt.03.02.2020.
Matter is adjd. for order to 21.06.2022.
Next Purpose: ORDER
Next Hearing Date: 21-06-2022
Date: 21-06-2022
Business: Court is on leave.
Next Purpose: ORDER
Next Hearing Date: 13-07-2022
Date: 21-06-2022
Business: Court is on leave.
Next Purpose: ORDER
Next Hearing Date: 13-07-2022
Date: 13-07-2022
Business: Adv.Sangita Bhole for plaintiff present.
None present for deft.
On the request of pltff adjd for filing service affidavit.
Matter adjd to 25.08.2022 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 25-08-2022
Date: 25-08-2022
Business: Court is on Leave.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-11-2022
Date: 04-11-2022
Business: Adv.Sangita Bhole for plaintiff present.
None present for deft.No.1.
Adv.Clifford Martis for deft.No.2 present.
Adv. for plaintiff filed affidavit of service of suit summons t.o.r. and marked as Exh.5.
The plaintiff to serve the suit summons and copy of motion on defendant No.1 by RPAD.
Matter adjd to 18.01.2023 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-01-2023
Date: 04-11-2022
Business: Adv.Sangita Bhole for plaintiff present.
None present for deft.No.1.
Adv.Clifford Martis for deft.No.2 present.
Adv. for plaintiff filed affidavit of service of suit summons t.o.r. and marked as Exh.5.
The plaintiff to serve the suit summons and copy of motion on defendant No.1 by RPAD.
Matter adjd to 18.01.2023 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-01-2023
Date: 18-01-2023
Business: None present for both sides.
KB
LO at 04.05 pm
Adv.Sangita Bhole for plaintiff present.
Mr.Deepak Kausalkar, treasurer of Society-deft.No.1 is present. No authority letter is produced by the representative of defendant No.1. He is directed to produce it.
Matter adjd to 21.03.2023 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 21-03-2023
Date: 18-01-2023
Business: None present for both sides.
KB
LO at 04.05 pm
Adv.Sangita Bhole for plaintiff present.
Mr.Deepak Kausalkar, treasurer of Society-deft.No.1 is present. No authority letter is produced by the representative of defendant No.1. He is directed to produce it.
Matter adjd to 21.03.2023 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 21-03-2023
Date: 21-03-2023
Business: Plaintiff No.1 present.
Adv.Clifford Martis for defendant No.2 present.
None present for defendant No.1.
Plaintiff requested for 26.04.2023 to service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 26-04-2023
Date: 26-04-2023
Business: Adv. Sangita Bhole for plaintiff present.
None present for defendant.
Plaintiff requested for re-issuance of suit summons on defendant No.1.
O-re-issue suit summons on defendant No.1.
Matter adj. to 13.07.2023 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 13-07-2023
Date: 13-07-2023
Business: Adv. Sangita Bhole for plaintiff present and filed affidavit of service along with original writ of summons t.o.r. marked as Exh.6
None for defendant
Matter is adjd.to 13-09-2023 for steps. 2.45pm
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 13-09-2023
Date: 13-09-2023
Business: Adv. Sangeeta Bhole a/w plaintiff present.
None for defendant
Matter is adjd.to 27-10-2023 for Hrg.
Next Purpose: HEARING
Next Hearing Date: 27-10-2023
Date: 27-10-2023
Business: Adv. Sangeeta Bhole for plaintiff present.
None for defendant
Mrs Madhuri Patil, the secretary of defendant no. 1 Society appeared in the matter and filed her authority to represent the society in this suit. The said authority is t.o.r. marked as Exh.7
She would submit that the society has no objection if the names of all the legal heirs of deceased Mrs. Maria Dsouza are entered in the share certificate in respect of flat no. D - 22 in the said society subject to submission of proper documents by the said legal heirs. The parties may comply accordingly.
Matter is adjd.to 19-12-2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 19-12-2023
Date: 19-12-2023
Business: Adv. Sunita Bhole for plaintiff present.
None for defendant
Matter is adjourned to 19-01-2024 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 19-01-2024
Date: 19-01-2024
Business: Plaintiff No 1 present.
Adv Meena Zar for Defendant No.1 present. And filed Vakalatnama t.o.r. and marked as Exhibit-8. Seen.
None for Defendant No.2
the plaintiffs are directed to provide copies of the plaint
Matter stands adjourned on 29/02/2024 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 29-02-2024
Date: 19-01-2024
Business: Plaintiff No 1 present.
Adv Meena Zar for Defendant No.1 present. And filed Vakalatnama t.o.r. and marked as Exhibit-8. Seen.
None for Defendant No.2
the plaintiffs are directed to provide copies of the plaint
Matter stands adjourned on 29/02/2024 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 29-02-2024
Date: 29-02-2024
Business: Advocate Sangita Bhole a/w Plaintiff present and filed affidavit of service t.o.r. -seen.
Advocate Meena Zar for defendant No.1 present and filed affidavit t.o.r. -seen.
None for defendant No.2 present.
As both sides are having differance of opinion on the point of compliance of order dated 27.10.2023, both sides are permitted to argue this aspects on the next date of hearing.
Both sides are also directed to advance arguments in Notice of Motion.
Matter stands adjourned on 03.04.2024 for hearing of compliance of order dated 27.10.2023.
Next Purpose: HEARING
Next Hearing Date: 27-03-2024
Date: 29-02-2024
Business: Advocate Sangita Bhole a/w Plaintiff present and filed affidavit of service t.o.r. -seen.
Advocate Meena Zar for defendant No.1 present and filed affidavit t.o.r. -seen.
None for defendant No.2 present.
As both sides are having differance of opinion on the point of compliance of order dated 27.10.2023, both sides are permitted to argue this aspects on the next date of hearing.
Both sides are also directed to advance arguments in Notice of Motion.
Matter stands adjourned on 03.04.2024 for hearing of compliance of order dated 27.10.2023.
Next Purpose: HEARING
Next Hearing Date: 27-03-2024
Date: 27-03-2024
Business: Not on Board. Taken on Board.
By precipe.
Advocate Meena Zar for defendant No.1 present and filed precipe
for taking the matter on board t.o.r. and marked as Exhibit-09. -
Allowed.
She filed draft Notice of Motion alongwith affidavit in support for
condoning delay in filing written statement t.o.r. Leave is granted to
register Notice of Motion.
She also filed written statment of defendant No.1 t.o.r. - exhibition
of written statement shall be subject to decision in Notice of Motion.
None for plaintiffs present.
None for defendant No.2 present.
Matter already adjourned on 03.04.2024 for filing registered Notice of Motion by defendant No.1 and Notice of Motion reply and hearing on the point of compliance of order dated 27.10.2023.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-04-2024
Date: 03-04-2024
Business: Plaintiff No.1 in person present and submitted that her Advocate is not available at present.
Advocate Meena Zar for defendant No.1 present and filed registered Notice of Motion No.1276/2024 t.o.r.
None for defendant No.2 present.
Later on at 03.34 pm.
Advocate Martis for defendant No.2 present.
Matter stands adjourned on 02.05.2024 for reply in Notice of Motion No.1276/2024 and hearing on the point of compliance of order dated 27.10.2023.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-05-2024
Date: 02-05-2024
Business: Advoate Sangeeta Bhole alongwith plaintiff present.
Advoate Meena Zar for defendant present.
Matter stands adjourned on 25.07.2024 for hearing of compliance of order dated 27.10.2023 and Notice of Motion hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-07-2024
Date: 25-07-2024
Business: Due to heavy rain there is request from BAR Association that not to pass any adverse orders.
None for plaintiff present.
None for defendant present.
Matter posted for compliance of order dated 27/10/2023 and Notice of Motion hearing.
Matter stands adjourned on 01/10/2024 for compliance of order dated 27/10/2023 and Notice of Motion hearing.
Next Purpose: COMPLIANCE
Next Hearing Date: 01-10-2024
Date: 01-10-2024
Business: Adv. Ayush Rai h/f Adv. Nitin Vadke along with plaintiff present and filed vakalatnama for plaintiff. Seen. Taken on record and marked as Exhibit-10.
None for defendant present.
Matter adjourned for compliance.
Matter stands adjourned on 19/12/2024 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 19-12-2024
Date: 19-12-2024
Business: CORAM :- H.H.J. SHRI. PRASHANT C. KALE (CR.65)
Adv. Manoj Borkar h/f Adv. Nitin Vadke for plaintiff present and prayed for grant of adjournment. Adjournment granted.
None for defendant present.
Matter stands adjourned on 10.03.2025 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 10-03-2025
Date: 10-03-2025
Business: Adv. Rohan Thatte h/f Adv. Hitesh Vodke for plaintiff present.
None for defendant present.
Despite sufficient opportunities plaintiff has not filed reply to Notice of Motion No.1276/2024. Having regard to the affidavit in support of Notice of Motion and in absence of any counter affidavit on behalf of plaintiff. Notice of Motion No.1276/2024 is allowed in terms of prayer clause (a) and (b). Proceeding of Notice of Motion No.1276/2024 in Suit No.1491/2018 is closed. Parties to take note. Written statement of defendant No.1 is taken on record and marked as Exhibit-11. O-Read and Recorded. Plaintiff has not taken any steps for proceeding with Notice of Motion No.4024/2018. It appears that plaintiff is not interested in proceeding with Notice of Motion. Hence, Notice of Motion posted for dismissal order.
Matter stands adjourned on 26/03/2025 for Notice of Motion for dismissal.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 26-03-2025
Date: 26-03-2025
Business: Adv. Rohan Thatte h/f Adv. Nitien Vadke for plaintiff present and seeks time for taking instruction. Time granted.
Adv. Grateeek Kharwar i/b Adv. C. Martis for defendant No.2 present.
None for other defendant present.
Matter stands adjourned on 15/04/2025 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 15-04-2025
Date: 15-04-2025
Business: Adv. Rohan Thatte for plaintiff present.
None for defendant present.
Despite sufficient opportunities plaintiff has not taken any steps. Today also plaintiff and his Adv. are absent. It appears that plaintiff is not interested in proceeding with case. Hence, matter posted for dismissal order.
Matter stands adjourned on 02/05/2025 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 02-05-2025
Date: 02-05-2025
Business: None for plaintiff present.
None for defendant present.
Notice of Motion is kept for dismissal order.
Notice of Motion No.4024/2018 is dismissed in default and for want of prosecution. Proceeding of Notice of Motion No.4024/2018 in Suit No.1491/2018 is closed. Parties to take note.
Keep Back.
Later on.
Adv. Sushma Vishwakarma h/f Adv. Nitin Vadke for plaintiff present and submitted that she is going to withdraw the suit on next date.
None for defendant present.
Matter stands adjourned on 08/05/2025 for withdrawal of suit.
Next Purpose: WITHDRAWAL
Next Hearing Date: 08-05-2025
Date: 08-05-2025
Business: Adv. Rohan Thatte along with POA holder of plaintiffs present and filed application for withdrawal of suit. O-Plaintiffs are permitted to withdraw the suit. Taken on record and marked as Exhibit-12.
None for defendant present.
In view of order on application filed at Exhibit-12. I proceed to pass following order.
ORDER PASSED BELOW EXHIBIT-1.
1.In view of order passed on Exhibit-12, Suit No.1491/2018 is disposed of as withdrawn and for want of prosecution.
2.Parties to bear their own costs.
3.Court fees be refunded to plaintiffs as per rule.
4.Parties to take note.
5.Proceeding of Suit No.1491/2018 is closed.
Nature Of Disposal: WITHDRAWL
Disposal Date: 08-05-2025Additional Case Details
Additional Case Details
Filing Number: 104783/2018 Filing Date: 03-04-2018 First Hearing Date: 10th July 2018 Decision Date: 08th May 2025 Court Number And Judge: 65-COURT 65 ADDL SESSIONS JUDGE
Orders
2Final Order 108 May 2025
08 May 2025
Order Details: Other Pdf Text: Daily Status IN THE COURT OF :COURT 65 ADDL SESSIONS JUDGE Case No. :SUIT/0101491/2018 1.Mrs.Elizabeth Dsouza 2.Mrs.Agnes Kumar 3.Mrs.Marie S. Fernandes Vs 1.Sagar Mahim CHSL 2.Mr.John Dsouza Date : 08-05-2025 Business : Adv. Rohan Thatte along with POA holder of plaintiffs present and filed application for withdrawal of suit. O- Plaintiffs are permitted to withdraw the suit. Taken on record and marked as Exhibit-12. None for defendant present. In view of order on application filed at Exhibit-12. I proceed to pass following order. ORDER PASSED BELOW EXHIBIT-1. 1.In view of order passed on Exhibit-12, Suit No.1491/2018 is disposed of as withdrawn and for want of prosecution. 2.Parties to bear their own costs. 3.Court fees be refunded to plaintiffs as per rule. 4.Parties to take note. 5.Proceeding of Suit No.1491/2018 is closed. Nature of Disposal : WITHDRAWL Disposal Date : 08-05-2025 -- 1 of 1 --
Order 108 May 2025
08 May 2025
Order Details: Other Pdf Text: Daily Status IN THE COURT OF :COURT 65 ADDL SESSIONS JUDGE Case No. :SUIT/0101491/2018 1.Mrs.Elizabeth Dsouza 2.Mrs.Agnes Kumar 3.Mrs.Marie S. Fernandes Vs 1.Sagar Mahim CHSL 2.Mr.John Dsouza Date : 08-05-2025 Business : Adv. Rohan Thatte along with POA holder of plaintiffs present and filed application for withdrawal of suit. O- Plaintiffs are permitted to withdraw the suit. Taken on record and marked as Exhibit-12. None for defendant present. In view of order on application filed at Exhibit-12. I proceed to pass following order. ORDER PASSED BELOW EXHIBIT-1. 1.In view of order passed on Exhibit-12, Suit No.1491/2018 is disposed of as withdrawn and for want of prosecution. 2.Parties to bear their own costs. 3.Court fees be refunded to plaintiffs as per rule. 4.Parties to take note. 5.Proceeding of Suit No.1491/2018 is closed. Nature of Disposal : WITHDRAWL Disposal Date : 08-05-2025 -- 1 of 1 --
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