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SUIT - SHORT CAUSE CIVIL SUIT

Shri Prakash Bajirao GhosalkarVsMHADA +1 more

CNR MHCC0100761420189-COURT 09 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 23rd February 2026

TrustJury record updated 14 Sept 2026

Case Overview

Registration Number
102082/2018
Registration Date
27 Jul 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    Hindu Marriage Act · Sec 34 · 37

    Case History / Proceedings

    Case History
    Date: 18-08-2018
    Reason For Adjournment: court time is over
    Next Purpose: DIRECTIONS
    Next Hearing Date: 28-08-2018
    
    Date: 28-08-2018
    Business: Matter adj. to 29/08/2018 for Order.
    Next Purpose: ORDER
    Next Hearing Date: 29-08-2018
    
    Date: 29-08-2018
    Business: Matter adj. to 06/09/2018 for Order.
    Next Purpose: ORDER
    Next Hearing Date: 06-09-2018
    
    Date: 06-09-2018
    Business: Court is on leave
    Next Purpose: ORDER
    Next Hearing Date: 11-09-2018
    
    Date: 11-09-2018
    Reason For Adjournment: court time is over
    Next Purpose: ORDER
    Next Hearing Date: 18-09-2018
    
    Date: 18-09-2018
    Reason For Adjournment: court time is over
    Next Purpose: ORDER
    Next Hearing Date: 29-09-2018
    
    Date: 29-09-2018
    Reason For Adjournment: court time is over
    Next Purpose: ORDER
    Next Hearing Date: 19-11-2018
    
    Date: 19-11-2018
    Reason For Adjournment: court time is over
    Next Purpose: ORDER
    Next Hearing Date: 18-12-2018
    
    Date: 18-12-2018
    Business: None present for plaintiff.
    Adv. Prabhu for defendant no.1/MHADA present.
    Roznama shows that leave was granted to the plaintiff to register Notice of Motion.  Record further shows that order is passed in unregistered NM on 21.08.2018. Nobody appeared for the plaintiff thereafter to get the NM registered.  Since nobody is appearing for plaintiff, unregistered NM is disposed of as filed.
    Adjd. to 20.03.2019 for WS.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 20-03-2019
    
    Date: 18-12-2018
    Reason For Adjournment: court time is over
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 20-03-2019
    
    Date: 20-03-2019
    Reason For Adjournment: court time is over
    Next Purpose: DISMISSAL
    Next Hearing Date: 08-07-2019
    
    Date: 08-07-2019
    Business: None present  for the Plaintiff.
    Adv. Prabhu for MHADA Defendant no. 1 present.
    The Plaintiff has failed to file proof of service of writ of summons.
    Matter is adjd. to 5.08.2019 for steps by the Plaintiff or for dismissal orders.
    Next Purpose: DISMISSAL
    Next Hearing Date: 05-08-2019
    
    Date: 05-08-2019
    Business: None present  for the Plaintiff.
    Adv. Prabhu for MHADA Defendant no. 1 present.
    The Plaintiff has failed to tender proof of service of writ of summons and failed to take any further steps.
    Hence, matter is adjd. to 6.08.2019 steps by the Plaintiff or for dismissal order.
    Next Purpose: DISMISSAL
    Next Hearing Date: 06-08-2019
    
    Date: 06-08-2019
    
    Date: 18-03-2021
    Next Purpose: SERVICE
    Next Hearing Date: 18-03-2021
    
    Date: 18-03-2021
    Business: None for plaintiff.
    Adv. Mr. Chandrashekhar for the defendant No.1.
    Matter is adjd. to 08/06/2021  for service of writ of summons.
    Next Purpose: SERVICE
    Next Hearing Date: 08-06-2021
    
    Date: 08-06-2021
    Business: due to covid-19
    Next Purpose: SERVICE
    Next Hearing Date: 26-07-2021
    
    Date: 26-07-2021
    Business: Court is on leave
    Next Purpose: SERVICE
    Next Hearing Date: 01-10-2021
    
    Date: 01-10-2021
    Business: None for plaintiffs.
    Adv. Mr. Kapse for defendant No.2 present.
    Matter is adjd. to 08/12/2021 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 08-12-2021
    
    Date: 08-12-2021
    Business: court is on leave
    Next Purpose: SERVICE
    Next Hearing Date: 02-03-2022
    
    Date: 02-03-2022
    Business: None present for plaintiff.
    Plaintiff has not filed service affidavit since long.  It appears that plaintiff is not interested in the matter.  Hence, adjourn for dismissal order.
    Matter is adjd. for dismissal on 16-04-2022
    Next Purpose: DISMISSAL
    Next Hearing Date: 16-04-2022
    
    Date: 16-04-2022
    Business: Plaintiff Prakash Bajirao Ghosalkar is present.
    Sagar Kambale for the Plaintiff and filed application for removing the suit from dismissal caption. TOR. O. Other side to say.
    Reply filed by Advocate Jain on the overleaf. O- Application is allowed in the interest of justice. The Suit is removed from the dismissal caption.
    Ld. Advocate for Plaintiff filed service affidavit.
    Representative of MHADA Mr. Bhosale is present and submits that Advocate for MHADA is not available today.
    Advocate. Darshan Jain for the Defendant No. 2.
    Matter is adjd. to 24.06.2022.
    Next Purpose: DISMISSAL
    Next Hearing Date: 24-06-2022
    
    Date: 24-06-2022
    Business: Adv.Harshada Kamble for plaintiff is present.
    Adv.Kapse for defendant no.2 is present.
    Matter is adjd. 11.08.2022 for Written statement.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 11-08-2022
    
    Date: 11-08-2022
    Business: Adv. Harshada Kamble for plaintiff present.
    None present for defendant.
    Perusing record it appears that summons served to deft.no. 1 on 16.03.2020, 29.03.2020 and for deft.no. 2 on 13.03.2020, but they failed to file WS within limitation. Hence, no WS order passed against deft.no. 1 and 2.
    Matter is adjd. to 17.10.2022 for hearing without WS.
    Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
    Next Hearing Date: 17-10-2022
    
    Date: 17-10-2022
    Business: Adv. Sagar Kamble for plaintiff present and filed adjournment  application, TOR, Marked as Exh.3 as plaintiff is not keeping well. Time granted.
    None present for defendant
    Matter is adjd. to 12.01.2023 for HEARING WITHOUT WS.
    Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
    Next Hearing Date: 12-01-2023
    
    Date: 12-01-2023
    Business: As Court is busy in hearing arguments in Supreme Court Time Bound matter i.e. 1404/17. Hence, Board is discharged.
    Matter is adjourned to 09.03.2023 for Hearing without WS.
    Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
    Next Hearing Date: 09-03-2023
    
    Date: 09-03-2023
    Business: Adv. Harshada Kamble for plaintiff present.
    Adv. S.S. Kudalkar for Defendant No. 2/State present.
    Matter is adjourned to 19.04.2023 for Hearing without written statement.
    Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
    Next Hearing Date: 19-04-2023
    
    Date: 19-04-2023
    Business: As Court is busy in dictating order on Exhibit 315 in Suit No. 8699 of 1993. Hence, board is discharged and Matter is adjourned to 21.07.2023 for  Hearing without WS.
    Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
    Next Hearing Date: 21-07-2023
    
    Date: 21-07-2023
    Business: Adv. Mr.Sagar Kamble for the plaintiff is present.
    None present for the defendants.
    Adv. for Plff. seeks time to file affidavit of evidence.
    Matter is adjourned to 21.09.2023 for R/E.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 21-09-2023
    
    Date: 21-09-2023
    Business: Adv. Ms. Harshda Kamble for the plaintiff is present.
    None for defendant.
    Advocate for plaintiff filed adjournment application for taking steps as plaintiff has passed away. O-Adjournment granted.
    Adjourned for RE to 19.10.2023.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 19-10-2023
    
    Date: 19-10-2023
    Business: Adv. Ms. Harshada Kamble  for the plaintiff is present.
    Adv. Mr. Darshan Jain h/f Adv. Kudalkar for defendant No.2/State is present.
    KB LO at  12:13 pm.
    Adv. for the plaintiff tendered draft Ch/s along-with affidavit in support. O- Leave is granted to register the same till the next date. Copy is supplied to defendant No. 1.
    Matter is adjourned to 12.12.2023 for Ch/s service upon defendant No. 1
    Next Purpose: SERVICE
    Next Hearing Date: 12-12-2023
    
    Date: 12-12-2023
    Business: Adv. Ms. for the plaintiff is present.
    None present for defendant No. 1.
    Adv. Mr. Khedekar h/f Adv. Kudalkar for defendant No.2/State is present.
    Adv. for the plaintiff filed original registered Ch/s No. 2138/2023   along-with affidavit in support. TOR. Copy is supplied to defendant No. 1.
    Matter is adjourned to 21.02.2024 for Ch/s reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 21-02-2024
    
    Date: 21-02-2024
    Business: Adv. Mr.Sagar Kamble for the plaintiff is present.
    Adv. Mr.V.S.Khobragde for defendant/MHADA is present.
    Adv.Vaibhavi Pawar h/f Adv. Kudalkar for defendant/State is present.
    Adv. for defendant/MHADA and State seeks time to file reply on Ch/s
    Matter is adjourned to 10.04.2024 for Ch/s reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 10-04-2024
    
    Date: 10-04-2024
    Business: Adv. Ms.Harshda Kamble for the plaintiff is present.
    None present for defendant.
    Matter is adjourned to 14.06.2024 for Ch/s Reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 14-06-2024
    
    Date: 14-06-2024
    Business: As court is busy on hearing in Su No.2391/19 and EA No.66/21 Hence, board is discharged.
    Matter is adjourned to 22.07.2024 for Ch/s Reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 22-07-2024
    
    Date: 22-07-2024
    Business: As the Court is on leave today. Hence board is discharged and matter is adjourned to
    Next Purpose: C/S REPLY
    Next Hearing Date: 28-08-2024
    
    Date: 28-08-2024
    Business: None present for plaintiff.
    Adv. T. A. Dhotre h/f Adv. Kudalkar present for defendants.
    As plaintiff and his advocate are absent, Matter is adjourned to 23/10/24 for CS reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 23-10-2024
    
    Date: 23-10-2024
    Business: Adv. Harshada Kamble present for plaintiff.
    Adv. Martina Sakpal for defendant/State present and given reply to CS overleaf.
    Adv. Nidhi Pawar h/f Advocate Khobragade for defendant/MHADA present.
    Matter is adjourned to 19/12/24 for CS hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 19-12-2024
    
    Date: 19-12-2024
    Business: Adv. Harshada Kamble  present for plaintiff.
    Advocate Kudalkar present for defendant/State.
    Advocate Khobragade for defendant/MHADA present.
    By consent. Matter is adjourned to 12/02/2025 for CS hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 12-02-2025
    
    Date: 12-02-2025
    Business: None present for plaintiff.
    Adv. T. A. Dhotre h/f Adv. Kudalkar for defendant no. 2/State present.
    None present for other defendant.
    Plaintiff to remain present on the next date without fail.
    Matter is adjourned for CS hearing/necessary order to 02/04/25.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 02-04-2025
    
    Date: 02-04-2025
    Business: None present for plaintiff.
    Adv. Uma Jadhav present for defendant no. 6/State.
    As plaintiff and his advocate are absent, Matter is adjourned for CS hearing/dismissal of CS to 03/05/25.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 03-05-2025
    
    Date: 03-05-2025
    Business: As the Court is on leave.  Board is discharged and matter stands adjd. to
    Next Purpose: C/S  HEARING
    Next Hearing Date: 19-07-2025
    
    Date: 19-07-2025
    Business: None present for plaintiff.
    Adv. Riddhi h/f Adv. Kudalkar for defendant/State present.
    As plaintiff and his advocate are absent, Matter is adjourned to 18/09/25 for CS hearing.  (Afternoon session)
    Next Purpose: C/S  HEARING
    Next Hearing Date: 18-09-2025
    
    Date: 18-09-2025
    Business: None present for plaintiff.
    Adv. Martina Sakpal for defendant no.2/State present.
    Matter is adjourned to 04.11.2025 for C/s hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 04-11-2025
    
    Date: 04-11-2025
    Business: Adv. Sagar Kamble present for plaintiff.
    Adv. Kudalkar present for defendant no.2/State.
    Present chamber summons is filed to take legal heirs of plaintiff Prakash Bajirao Ghosalkar who died on 25.07.2023. Chamber Summons is taken on 28.11.2023. Death certificate is filed on record. The present Chamber Summons is filed within a period of 90 days from the date of death of plaintiff hence, there is no hurdle to allow the same. Chamber Summons no.2138/2023 is allowed and disposed of accordingly. Legal heirs be taken on record.
    Matter is adjourned to 12.12.2025 for Compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 12-12-2025
    
    Date: 12-12-2025
    Business: None present for plaintiff.
    Adv. T. A. Dhotre h/f Adv. Kudalkar present for defendant no.2/State.
    As plaintiff and his advocate are absent, Matter is adjourned to 22.01.2026 for Compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 22-01-2026
    
    Date: 22-01-2026
    Business: None present for plaintiff.
    Adv. Martina Sakpal for defendant no.2/State present.
    No Compliance as per order passed in CS no.2138/2023. Hence, matter be kept for further Order.
    Matter is adjourned to 23.02.2026 for further Order.
    Next Purpose: ORDER
    Next Hearing Date: 23-02-2026
    
    Date: 23-02-2026
    Business: None present for plaintiff.
    Adv. Kapse for defendant no.2/State present.
    CS no.2138/2023 was allowed on 04.11.2025 but no steps taken by the LRs to bring themselves on record. Today, None present. Hence, for want of compliance of order as referred above, Suit stands dismissed.(S. M. PATIL)  Judge, City Civil Court, Gr. Bombay.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 23-02-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 108337/2018
    Filing Date: 26-06-2018
    First Hearing Date: 18th August 2018
    Decision Date: 23rd February 2026
    Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE

    Orders

    4
    Final Order 2
    23 Feb 2026
    Order Details: Other
    Pdf Text: 23.02.2026
    Sr. No. 22
    CORAM: H.H.J. SHRI S. M. PATIL, (C.R. NO.09)
    SU 2082/2018 None present for plaintiff.
    Adv. Kapse for defendant no.2/State present.
    CS no.2138/2023 was allowed on 04.11.2025 but no steps taken by
    the LR’s to bring themselves on record. Today, None present. Hence,
    for want of compliance of order as referred above, Suit stands
    dismissed.
    (S. M. PATIL)
    Judge, City Civil Court,
    Gr. Bombay.
    -- 1 of 1 --
    Interim Order 1
    06 Aug 2019
    Order Details: Other
    Pdf Text: None present for the Plaintiff. Adv. Suryawanshi for MMC/Defendant No. 3 present Adv. P. M.
    Barge for Defendant no. 1 and 2 present. The Plaintiff has failed to adduce evidence. No
    adjournment application. Hence, suit is hereby dismissed for default and withdrawn from the file.
    Sd/-
    Judge
    -- 1 of 1 --
    Order 2
    23 Feb 2026
    Order Details: Other
    Pdf Text: 23.02.2026
    Sr. No. 22
    CORAM: H.H.J. SHRI S. M. PATIL, (C.R. NO.09)
    SU 2082/2018 None present for plaintiff.
    Adv. Kapse for defendant no.2/State present.
    CS no.2138/2023 was allowed on 04.11.2025 but no steps taken by
    the LR’s to bring themselves on record. Today, None present. Hence,
    for want of compliance of order as referred above, Suit stands
    dismissed.
    (S. M. PATIL)
    Judge, City Civil Court,
    Gr. Bombay.
    -- 1 of 1 --
    Order 1
    06 Aug 2019
    Order Details: Other
    Pdf Text: None present for the Plaintiff. Adv. Suryawanshi for MMC/Defendant No. 3 present Adv. P. M.
    Barge for Defendant no. 1 and 2 present. The Plaintiff has failed to adduce evidence. No
    adjournment application. Hence, suit is hereby dismissed for default and withdrawn from the file.
    Sd/-
    Judge
    -- 1 of 1 --

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