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SUIT - SHORT CAUSE CIVIL SUIT

Mr. Victor Sebastian DsouzaVsWilliams Marshall Dmello +2 more

CNR MHCC01008032201911-COURT 11 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--ABATED
Decision Date: 02nd March 2024

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
100004/2020
Registration Date
02 Jan 2020

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    4

    Acts & Sections

    1
    Hindu Marriage Act · Sec 34 · 37

    Case History / Proceedings

    Case History
    Date: 09-01-2020
    Business: None for plaintiff present.
    Adv. Mrs. Mhatre for deft./MCGM present, prayed for adjd to file W.S.
    Matter is adjd. for W.S. on 16.04.2020.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 16-04-2020
    
    Date: 16-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 05-05-2020
    
    Date: 05-05-2020
    Business: National Lockdown
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 27-05-2020
    
    Date: 27-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 12-06-2020
    
    Date: 12-06-2020
    Business: Adjd. to
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 05-08-2020
    
    Date: 05-08-2020
    Business: Adjd. to
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 26-10-2020
    
    Date: 26-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 10-12-2020
    
    Date: 10-12-2020
    Business: Adv. Bhosale h/f Adv. Pande for plaintiff present.
    Adv. Tondwalkar h/f Adv. Mhatre for deft./MCGM , prayed for time to file WS.
    Matter is adjd.to 26-03-2021  for WS.
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 26-03-2021
    
    Date: 26-03-2021
    Business: Adv. Nilesh Pandey for plaintiff is present.
    Adv. Ms. Mhatre for defendant/MCGM is present.
    Matter is adjourned for w/s 25.06.21.
                                                                            Judge
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 25-06-2021
    
    Date: 25-06-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 27-08-2021
    
    Date: 27-08-2021
    Business: Court is Vacant. Matter adj. to next date.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 18-10-2021
    
    Date: 18-10-2021
    Business: CORAM-H.H.J. SHRI. S.D. KULKARNI (C.R.No.08)
    (Matter pertains to C.R. No.11)
    As per Office order No.213/2021 dated 12.10.2021, Holiday declared on 18.10.2021.
    Earlier order if any, to continue till next date.
    Matter is adjd.  To 27.11.2021
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 27-11-2021
    
    Date: 27-11-2021
    Business: Court is Vacant. Matter is adj. to next date.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 24-01-2022
    
    Date: 24-01-2022
    Business: None for the plaintiff is present.
    Adv.Mr. Khandagale for defendant/MCGM present.
    None for defendant Nos. 1 and 2.
    In view of office order no. 07/2022 dated 07.01.2022 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06.01.2022 of Hon\''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s.
    Adjourned for filing WS to 23.03.2022.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 23-03-2022
    
    Date: 23-03-2022
    Business: None present for plaintiff.
    None present for defendant Nos. 1 an 2.
    Adv. Mr. Khandagale for defendant No. 3/MCGM is present and orally requested for time to file WS. Granted.
    Adjourned for WS to 15.07.2022.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 15-07-2022
    
    Date: 15-07-2022
    Business: None present for plaintiff.
    None present for defendant Nos. 1 and 2.
    Adv. Mr. Khandagale for defendant No.3/MCGM is present and orally requested for time to file WS. Granted.
    Adjourned for WS/No WS order against defendant nos. 1 and 2 to 23.09.2022.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 23-09-2022
    
    Date: 23-09-2022
    Business: None present for the plaintiff.
    None present for defendant Nos. 1 and 2. Sufficient time is already granted. The suit is proceeded without their WS.
    Adv. Khandagale for defendant No. 3/MCGM is present and orally requested for time to file WS. Time is granted as a last chance.
    Adjourned for WS by defendant No. 3 to 23.11.2022.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 23-11-2022
    
    Date: 23-11-2022
    Business: HHJ is on leave
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 06-02-2023
    
    Date: 06-02-2023
    Business: PO is on leave
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 10-04-2023
    
    Date: 10-04-2023
    Business: PO is on Leave
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 16-06-2023
    
    Date: 16-06-2023
    Business: Adv. Ms. Priti Jain h/f Mr. Nilesh Pandey for the plaintiff is present and informed that the plaintiff is no more.
    Adv. Mr. G. O. Giri for defendant/MCGM is present and requested for time to file WS. Time is granted.
    Adjourned for steps/WS to 28.08.2023.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 28-08-2023
    
    Date: 28-08-2023
    Business: None present for the plaintiff to take steps as regards the deceased plaintiff.
    Adv. Mr. G.O. Giri for defendant No. 3/MCGM is present and requested time to file  WS. Time is granted.
    Rest of the defendants are absent.
    Adjourned for steps/WS to 01.11.2023.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 01-11-2023
    
    Date: 01-11-2023
    Business: Adv. Mr. Rahul Bhosale for the plaintiff is present and requested time to take steps as regards deceased plaintiff. Time is granted.
    Adv. Mr. G.O. Giri for defendant No.3/MCGM is present and requested time to file WS. Time is granted.
    Rest of the defendants are absent.
    Adjourned for steps/WS to 05.01.2024.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 05-01-2024
    
    Date: 05-01-2024
    Business: None present for the plaintiff for taking steps as regards substitution of the legal representatives. Sufficient time is already granted. Hence, the matter is posted for suitable Orders.
    Adv. Mr. G.O. Giri for defendant No.3/MCGM is present.
    Rest of the defendants are absent.
    Adjourned for suitable Order to 02.03.2024.
    Next Purpose: ORDER
    Next Hearing Date: 02-03-2024
    
    Date: 02-03-2024
    Business: None present for the plaintiff. The matter is kept back.
    Adv. Mr. G.O. Giri for defendant No.3/MCGM is present.
    Rest of the defendants are absent.
    Later on 12.15 p.m.
    The appearance is as above.
    Order below Exhibit 1 :
    01.	In view of the roznama dtd. 16.06.2023, the advocate for the plaintiff informed this Court that the plaintiff is no more and hence, the matter was adjourned for suitable steps in this behalf. However, till date, no steps for substitution of his legal representatives have been taken on record. In the circumstances, as the sole plaintiff of this matter is no more and the requisite steps for substitution of his legal representatives are not taken within the time bound schedule, the suit stands disposed of as abated. All the pending applications are filed. The parties to bear their own costs of litigation. Bill of costs be drawn-up accordingly.
    After expiry of the Appeal period, the Original documents filed on record be returned to the respective parties, on their submitting its Certified Copies, if the documents are exhibited, or Self-attested True Copies, if the documents are not exhibited, along-with undertaking to furnish the originals as and when required by the Court. The concerned Department to do the needful. The proceeding is closed.
    Nature Of Disposal: ABATED
    Disposal Date: 02-03-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 108604/2019
    Filing Date: 02-08-2019
    First Hearing Date: 09th January 2020
    Decision Date: 02nd March 2024
    Court Number And Judge: 11-COURT 11  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    02 Mar 2024

    Order Details: Other Pdf Text: 02.03.2024 Sr. No. 2 CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11) SU 04/20 None present for the plaintiff. The matter is kept back. Adv. Mr. G.O. Giri for defendant No.3/MCGM is present. Rest of the defendants are absent. Later on 12.15 p.m. The appearance is as above. Order below Exhibit 1 : 01. In view of the roznama dtd. 16.06.2023, the advocate for the plaintiff informed this Court that the plaintiff is no more and…

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