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SUIT - SHORT CAUSE CIVIL SUIT

Santosh Babu Mundekar +19 moreVsM/s. Adhikari Engineering Pvt. Ltd. +3 more

CNR MHCC0100808320199-COURT 09 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 21st October 2023

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
101032/2020
Registration Date
07 Mar 2020

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    24

    Petitioner

    1. 1Santosh Babu Mundekar
    2. 2Savita Ambaji Sawant
    3. 3Dattary Ganapat Raul
    4. 4Deepai Dipak Mungekar
    5. 5Dipak Jiaram Patade
    6. 6Suhas Janardan Sawant
    7. 7Dashrath Pandurang Tamhnakar
    8. 8Shankar Dattaram Khadye
    9. 9Satish Shridhar Patil
    10. 10Vijay Hari Dait
    11. 11Kiran Vitthal Bhogte
    12. 12Sunil Tukaram Mestry
    13. 13Sharda Eknath Teli
    14. 14Niranjana Namdeo Shirsat
    15. 15Raghuveer Bhogle through LR Deepali Bhogle
    16. 16Vaishali Eknath Sawant
    17. 17Geeta Shyamsunder Natekar
    18. 18Harshad Ravindra Dalvi
    19. 19Sharddha Surendra Shirodkar
    20. 20Manisha Mahesh Sawant

    Respondent

    1. 1M/s. Adhikari Engineering Pvt. Ltd.
    2. 2SRA
    3. 3The Chief Executive Officer
    4. 4Ganpat Mali

    Acts & Sections

    1
    Hindu Marriage Act · Sec 34

    Case History / Proceedings

    Case History
    Date: 30-03-2020
Next Purpose: DIRECTIONS
Next Hearing Date: 15-04-2020

Date: 15-04-2020
Next Purpose: DIRECTIONS
Next Hearing Date: 22-04-2020

Date: 22-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 13-05-2020

Date: 13-05-2020
Next Purpose: DIRECTIONS
Next Hearing Date: 02-06-2020

Date: 02-06-2020
Next Purpose: DIRECTIONS
Next Hearing Date: 19-06-2020

Date: 19-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 02-12-2020

Date: 02-12-2020
Business: None present for plaintiff.
None present for defendant.
Matter is adjd. to 09.03.2021 for Directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 09-03-2021

Date: 09-03-2021
Business: None for plaintiff.
Issue summons to defendants.
Matter is adjd. to 06/05/2021 for service of summons.
Next Purpose: SERVICE
Next Hearing Date: 06-05-2021

Date: 06-05-2021
Business: Due to COVID-19 pandemic. Matter is adjourned
Next Purpose: SERVICE
Next Hearing Date: 29-07-2021

Date: 29-07-2021
Business: Due to COVID-19 pandemic.
Matter is adjourned.
Next Purpose: SERVICE
Next Hearing Date: 15-09-2021

Date: 15-09-2021
Business: None for Plaintiff.
None for Defendant.
Matter is adjd. to 10.12.2021.
Next Purpose: SERVICE
Next Hearing Date: 10-12-2021

Date: 10-12-2021
Business: None present.
Matter is adjd. to 02.03.2022 for service.
Next Purpose: SERVICE
Next Hearing Date: 02-03-2022

Date: 02-03-2022
Business: None present for the parties.
Matter is adjd. for service on 22-04-2022
Next Purpose: SERVICE
Next Hearing Date: 22-04-2022

Date: 22-04-2022
Business: Court is busy in hearing High Court time bound matter in Stamp No. 6984/18 and R.E. in Suit No. 3641/2012.
Hence, board is discharged.
Matter is adjd. to 27.07.2022 for service.
Next Purpose: SERVICE
Next Hearing Date: 27-07-2022

Date: 27-07-2022
Business: court is on leave
Next Purpose: SERVICE
Next Hearing Date: 01-10-2022

Date: 01-10-2022
Business: None present for parties.
Matter is adjd. to 09.12.2022 for service.
Next Purpose: SERVICE
Next Hearing Date: 09-12-2022

Date: 09-12-2022
Business: None present for the parties.
Plaintiff is directed to file service affidavit before the next date, failing which necessary order will be passed against him/her.
Matter is adjd. to 10.02.2023 for Affidavit of service.
LO at 11.46 am
Adv. Sameer Sawant for plaintiff present and seeking extension of time for service of Writ of summons. Time extended till next date.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 10-02-2023

Date: 10-02-2023
Business: As Court is busy in Recording Evidence in Suit No. 2024/2021. Hence, board is discharged.
Matter is adjourned to 03.04.2023 for Affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-04-2023

Date: 03-04-2023
Business: None present for the parties.
Perusing record, it appears that the plaintiff not served the writ of summons to defendant and placed on record the affidavit of service since 09.03.2021. Plaintiff is absent since long. The Advocate Sameer Sawant was appeared on 09.12.2022 and seeking extension of time for service of writ of summons. Time was granted till next date i.e. 10.02.2023. But on that day also plaintiff and his advocate is absent for filing affidavit of service. It appears that plaintiff does not want to proceed with this suit. Hence, kept for dismissal order.
Matter is adjourned to 29.04.2023 for Dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 29-04-2023

Date: 29-04-2023
Business: Exh.1- Plaint
Exh.2-VN
Exh.3-Memorandum of Address
Exh.4- List of documents.
Adv. Sameer Sawant for plaintiff present and filed application, TOR. It is marked at Exh.5 for removal caption of dismissal but today also the plaintiff not filed service affidavit. Hence, plaintiff is directed to serve the copy of application to other party. Hence, call say from other party on this application. If plaintiff failed to comply suit will be dismissed.
None present for Defendant.
Matter is adjourned to 18.07.2023 for filing say on application/Dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 18-07-2023

Date: 18-07-2023
Business: None present for both the sides.
KB LO at 03:16 pm.
On perusal of roznama it reveals that since plaintiff is absent since many dates and failed to take steps and matter was adjourned for dismissal. Thereafter, on 29.04.2023 plaintiff moved application for removal caption of dismissal. Plaintiff also sought extension for service of writ of summons. Plaintiff was directed to serve the copy of application to the other parties and it was ordered that if plaintiff failed to comply suit will be dismissed. Today, again none for plaintiff is present. No compliance is done as directed in Order dtd. 29.04.2023. Hence, application at (Exhibit 05) is disposed of as rejected and suit is kept for order of dismissal.
Matter is adjourned to 16.09.2023 for dismissal Order.
Next Purpose: DISMISSAL
Next Hearing Date: 16-09-2023

Date: 16-09-2023
Business: None present for both the sides.
KB LO at  12:01 pm.
Plaintiff No. 11 is present.
Adv. Mr. Sameer Sawant for the plaintiff is present and submits that plaintiffs want to withdraw the suit and sought adjournment. At the request of plaintiff matter is adjourned.
Matter is adjourned to 21.10.2023 for withdrawal.
Next Purpose: WITHDRAWAL
Next Hearing Date: 21-10-2023

Date: 21-10-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 108498/2019
Filing Date: 31-07-2019
First Hearing Date: 30th March 2020
Decision Date: 21st October 2023
Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    21 Oct 2023
    Order Details: Other
Pdf Text: 21.10.2023
Sr. No. 02
CORAM: H.H.J. SHRI. V.V. PATIL (C.R. NO.09)
SU 1032/2020 None present for both the sides.
KB LO at 03:43 pm.
Order below exhibit No. 01:
Plaintiffs absent when called out repeatedly. On perusal of
roznama it reveals that plaintiffs are not appearing and proceeding
with the matter since many dates. Hence, matter was kept for
dismissal Order. Thereafter, also plaintiffs failed to appear and
proceed with the matter. Thus, it shows that plaintiffs are not
interested to proceed with the matter. Hence suit stands dismissed
for want of prosecution.
Judge
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