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SUIT - SHORT CAUSE CIVIL SUIT

Navjivan Niwas Premises Co Operative Society Ltd.VsMCGM +1 more

CNR MHCC01008451201911-COURT 11 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 19th October 2022

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
102324/2019
Registration Date
21 Aug 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    Hindu Marriage Act · Sec 34 and 37

    Case History / Proceedings

    Case History
    Date: 16-10-2019
    Business: None for plaintiff.
    Advocate Ms.Mhatre for defendant/MCGM present.
    Plaintiff to take steps to serve the defendants.
    The case is adjourned to 09.01.2020 for Writ of summons.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 09-01-2020
    
    Date: 09-01-2020
    Business: None for plaintiff present.
    Adv. Mrs. Mhatre for deft./MCGM present.
    Matter is adjd. for writ of summons on 19.03.2020.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 19-03-2020
    
    Date: 19-03-2020
    Business: None  for plaintiff, no steps for service of summons to deft.
    Adv. Ms. Mhatre for Deft./MCGM present.
    Matter is adjd. for writ of summons on 25.06.2020.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 25-06-2020
    
    Date: 25-06-2020
    Business: Adjd. to
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 09-09-2020
    
    Date: 09-09-2020
    Business: Adjd. to
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 02-12-2020
    
    Date: 02-12-2020
    Business: None for plaintiff.
    Adv. Mhatre for deft./MCGM present.
    Plaintiff to take proper steps to issue writ of summons.
    Matter is adjd. to  17-02-2021  for writ of summons.
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 17-02-2021
    
    Date: 17-02-2021
    Business: None for plaintiff present.
    Adv. Ms. Mhatre for deft./MCGM present.
    Matter is adjourned for Writ of summons to 21.04.2021.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 21-04-2021
    
    Date: 21-04-2021
    Business: Due to surge in Covid-19, matter is adjourned to next date.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 16-07-2021
    
    Date: 16-07-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 22-09-2021
    
    Date: 22-09-2021
    Business: Court is vacant
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 15-11-2021
    
    Date: 15-11-2021
    Business: Court is Vacant. Matter is adj. to next date.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 12-01-2022
    
    Date: 12-01-2022
    Business: None present for plaintiff.
    Adv. Mr. Khandagale for defendant/MCGM is present.
    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 writ of summons to 14.03.2022.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 14-03-2022
    
    Date: 14-03-2022
    Business: None present for plaintiff.
    Adv. Ms. J.V. Mhatre h/f Adv. Khandagale for defendant/MCGM is present.
    The plaintiff is absent to ensure due service of summons on the defendant. Hence, the matter is posted for dismissal order.
    Adjourned for dismissal order to 25.04.2022.
    Next Purpose: DISMISSAL
    Next Hearing Date: 25-04-2022
    
    Date: 25-04-2022
    Business: PO is on training. adj. to
    Next Purpose: DISMISSAL
    Next Hearing Date: 06-07-2022
    
    Date: 06-07-2022
    Business: None present for plaintiff to proceed further with the matter.
    Adv. Mr. Khandgale for defendant/MCGM is present.
    Adjourned for dismissal order to 24.08.2022.
    Next Purpose: DISMISSAL
    Next Hearing Date: 24-08-2022
    
    Date: 24-08-2022
    Business: None present for the plaintiff to proceed with the matter, by informing due service of writ of summons.
    None present for the defendant.
    Adjourned for dismissal order to 19.10.2022.
    Next Purpose: DISMISSAL
    Next Hearing Date: 19-10-2022
    
    Date: 19-10-2022
    Business: None present for the plaintiff.
    Adv. Khandagale for defendant/MCGM is present.
    KB LO at 11:50 am.
    Order below exhibit No. 01:
         Even today, the plaintiff is absent to proceed with the matter. Though the matter is filed in the year of 2019, till date the plaintiff is absent to ensure due service of the suit summons on the defendants, even after specific direction. It seems that he is absent since last considerable time for no reasons. No Order, staying this proceeding, is brought to notice of this Court. It is, thus, clear that the plaintiff lost his interest in the matter. Hence, the suit stands dismissed Under Order IX, Rules 2 and 5 of the CPC, 1908. All the pending applications are filed. He is called upon to bear the costs of suit. Bill of costs be drawn-up accordingly. The proceeding is closed.
    Nature Of Disposal: DISMISSED
    Disposal Date: 19-10-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 108968/2019
    Filing Date: 13-08-2019
    First Hearing Date: 16th October 2019
    Decision Date: 19th October 2022
    Court Number And Judge: 11-COURT 11  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    19 Oct 2022
    Order Details: Other
    Pdf Text: 19.10.2022
    Sr. No. 11
    CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11)
    SU 2324/19 None present for the plaintiff.
    Adv. Khandagale for defendant/MCGM is present.
    KB LO at 11:50 am.
    Order below exhibit No. 01:
    Even today, the plaintiff is absent to proceed with the matter.
    Though the matter is filed in the year of 2019, till date the plaintiff
    is absent to ensure due service of the suit summons on the
    defendants, even after specific direction. It seems that he is absent
    since last considerable time for no reasons. No Order, staying this
    proceeding, is brought to notice of this Court. It is, thus, clear that
    the plaintiff lost his interest in the matter. Hence, the suit stands
    dismissed Under Order IX, Rules 2 and 5 of the CPC, 1908. All the
    pending applications are filed. He is called upon to bear the costs of
    suit. Bill of costs be drawnup accordingly. The proceeding is
    closed.
    Judge
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