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SUIT - SHORT CAUSE CIVIL SUIT

Mr. Swapan Kumar Narendra Gopal BiswasVsShri. Valji Virji Bhanushali +2 more

CNR MHCC01008315201962-COURT 62 AD-HOC ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 27th October 2021

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
100289/2020
Registration Date
23 Jan 2020

Advocates

1

For Respondent

    Not available

    Parties

    4

    Acts & Sections

    1
    Hindu Marriage Act · Sec 34 · 37

    Case History / Proceedings

    Case History
    Date: 13-02-2020
    Business: Adv. Amruta Devkat for Plaintiff present.
    None present for Defendant.
    As Court is busy in dictating Judgment in Suit No. 3677/11, board is discharged.
    Case is adjourned to 22/4/2020 for directions.
    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
    Business: Due to Covid 19 pandemic matters are adjourned as per order.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 02-06-2020
    
    Date: 02-06-2020
    Business: Case is adjd.to 19.06.20 in view of extension of Lockdown period as per office order no.83/20 dtd.01.06.20
    Next Purpose: DIRECTIONS
    Next Hearing Date: 19-06-2020
    
    Date: 19-06-2020
    Business: National Lock down
    Next Purpose: DIRECTIONS
    Next Hearing Date: 17-08-2020
    
    Date: 17-08-2020
    Business: Adjourned due to Covid -19.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 07-10-2020
    
    Date: 07-10-2020
    Business: None present for plaintiffs.
    None present for Defendants.
    Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 07/01/2021 for directions.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 07-01-2021
    
    Date: 07-01-2021
    Business: Adv Ms. Priti Sohni for Plaintiff present and submitted that Plaintiff has expired and time may be granted for bringing HLRs of the Plaintiff on record. Time granted subject law of limitation.
    Matter is adjd. for steps to 30.03.2021.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 30-03-2021
    
    Date: 30-03-2021
    Business: Adv. Smt.Vritee Ssoni for plaintiff present and filed affidavit of service.
    None appeared for the defendants.
    Advocate for the plaintiff seeks time to serve defendant Nos.2 and 3 with Writ of Summons.
    Matter adjourned for service on defendant Nos.2 and 3 to 16.06.2021.
    Next Purpose: SERVICE
    Next Hearing Date: 16-06-2021
    
    Date: 16-06-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: SERVICE
    Next Hearing Date: 12-08-2021
    
    Date: 12-08-2021
    Business: None present for the plff.
    Despite granting several opportunities, plff failed to take steps to serve the defendants with writ of summons hence, suit be kept for dismissal order on next date.
    Matter is adjd. for dismissal order to 22.10.2021.
    Next Purpose: DISMISSAL
    Next Hearing Date: 22-10-2021
    
    Date: 22-10-2021
    Business: Plff present with Adv Mr. Manohar Shetty for plff. and gave oral undertaking that he will file vakalatnama on behalf of the plff on next deft. His oral undertaking is accepted. On his request, matter is removed from dismissal caption. He submitted that plff intends to withdraw the suit and matter may be kept in the withdrawal caption. On request of adv. for the plff, matter is adjd. to 27.10.2021 for withdrawal.
    Next Purpose: WITHDRAWAL
    Next Hearing Date: 27-10-2021
    
    Date: 27-10-2021
    Business: CA Roma Biswas of plaintiff present with Adv Mr. Manohar Shetty and copy of AADHAR card of said CA is produced as her ID proof.
    Plaint at Exh.1.
    Vakalatnama of Adv for the plff at Exh.2.
    Memorandum of address of the plff at Exh.3.
    List of documents at Exh.4
    Adv. Shetty filed vakalatnama on behalf of the plaintiff at Exh.5 along with no objection of previous advocate.  Copy of power of attorney is produced with the vakalatnama itself. Said copy tallied with the original made available for verification hence, original power of attorney returned back to CA of plaintiff with direction to produce it as and when ordered by the Court.
    CA of plaintiff filed application Exh.6 under Order-23 Rule -1(3) of CPC seeking withdrawal of the suit with liberty to file fresh suit.
    Verified the contents of application from CA of plaintiff. She admitted the contents of the application to be true, correct and admissible to her.
    Deft is yet to be served with writ of summons.
    For the reasons stated in the application, permission to withdraw the suit with liberty to file fresh suit on same cause of action is granted. Thus application Exh.6 is allowed as above. In the result, suit stands disposed off as withdrawn by the plaintiff with liberty to file fresh suit.
    Court fees if any be refunded to the plaintiff as per rules.
    Proceeding is closed.
    Nature Of Disposal: WITHDRAWL
    Disposal Date: 27-10-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 108804/2019
    Filing Date: 07-08-2019
    First Hearing Date: 13th February 2020
    Decision Date: 27th October 2021
    Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    27 Oct 2021

    Order Details: Other Pdf Text: 27/10/2021 CORAM : H.H.J. SHRI P.P.RAJVAIDYA (C.R. NO.62) SU 289/2020 Exh.1 Exh.2 Exh.3 Exh.4 Exh.5 Exh.6 CA Roma Biswas of plaintiff present with Adv Mr. Manohar Shetty and copy of AADHAR card of said CA is produced as her ID proof. Plaint at Exh.1. Vakalatnama of Adv for the plff at Exh.2. Memorandum of address of the plff at Exh.3. List of documents at Exh.4 Adv. Shetty filed vakalatnama on behalf of the plaintiff at…

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