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Commercial Suit

Rajendra G. RaoraneVsMr. Ambareesh Vittal Shetty +1 more

CNR MHCC01008554201914-COURT 14 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 01st December 2021

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
100570/2021
Registration Date
04 Mar 2020

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: 26-03-2020
    Business: adjourned
    Next Purpose: DIRECTIONS
    Next Hearing Date: 07-04-2020
    
    Date: 07-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: DIRECTIONS
    Next Hearing Date: 18-04-2020
    
    Date: 18-04-2020
    Next Purpose: DIRECTIONS
    Next Hearing Date: 29-05-2020
    
    Date: 29-05-2020
    Business: In view of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pademic by WHO and as per Office Order 78 of 2020, matter adjourned
    Next Purpose: DIRECTIONS
    Next Hearing Date: 16-06-2020
    
    Date: 16-06-2020
    Business: In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 20-10-2020
    
    Date: 20-10-2020
    Business: Both the parties and advs. absent.  Due to COVID-19, the matter is adjd
    Next Purpose: DIRECTIONS
    Next Hearing Date: 04-01-2021
    
    Date: 04-01-2021
    Business: None present.
    Issue writ of summons to the defendant.
    The matter is adjd for affidavit of service to 08.04.2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 08-04-2021
    
    Date: 08-04-2021
    Business: In view of the office order no.73/21 dated 06.04.2021, only urgent matters are kept on board. This matter is not in the same list hence, adjd for affidavit of service to 26.07.2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 26-07-2021
    
    Date: 26-07-2021
    Business: In view of office order No.106/21 dated 14.06.2021 only urgent matters are taken for hearing.  Hence, board is discharged.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 11-08-2021
    
    Date: 11-08-2021
    Business: None present.
    The matter is adjd for service of writ of summons to deft. to 27.09.2021.
    Next Purpose: SERVICE
    Next Hearing Date: 27-09-2021
    
    Date: 27-09-2021
    Business: Adv. Amruta Devkar for plaintiff present.  She sought time for filing service affidavit.  Time as prayed for is granted.
    The matter is adjd for filing service affidavit to 28.10.2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 28-10-2021
    
    Date: 28-10-2021
    Business: Adv. Trilok Rawte for plaintiff present.  Plaintiff present.
    Exh.2 - Vakalatnama filed on behalf of plaintiff by Adv. Rawte.  T.O.R.
    Adv. For plaintiff sought time for filing service affidavit.  Time as prayed for is granted.
    The matter is adjd for filing service affidavit to 01.12.2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 01-12-2021
    
    Date: 01-12-2021
    Business: Adv. Dipika Phull for plaintiff present.
    Exh.3 - Plaintiff filed application for withdrawal of suit.
    O. - Plaintiff present.  He is identified by his advocate. Contents in the application are verified, read and recorded. It is submitted in the application that defendants do not have clear title of the suit property. Therefore, plaintiff\''s claim for specific performance of agreement becomes infructuous.  Plaintiff wants to file fresh suit on the basis of plea of adverse possession.  He prayed for permission to withdraw the suit with liberty to institute a fresh suit in respect of the subject matter.
        As per averments in the application, plaintiff would not be able to succeed in the claim and therefore, plaintiff wants to file suit by taking plea of adverse possession.   Matter is pending for appearance of defendants.  Considering the averments made in the application, plaintiff is permitted to withdraw the suit with liberty to institute a fresh suit in respect of the subject matter of the suit.  No order as to costs. Court fees be refunded as per Rules.  Proceedings be closed.
    Nature Of Disposal: WITHDRAWL
    Disposal Date: 01-12-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 109081/2019
    Filing Date: 16-08-2019
    First Hearing Date: 26th March 2020
    Decision Date: 01st December 2021
    Court Number And Judge: 14-COURT 14  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    01 Dec 2021

    Order Details: Order below exhibit Pdf Text: 01/12/2021 Commercial Suit – 570/21 Exh.3 CORAM : H.H.J. SHRI S.U. HAKE, JUDGE, CITY CIVIL COURT (C. R. NO. 14) Adv. Dipika Phull for plaintiff present. Exh.3 Plaintiff filed application for withdrawal of suit. O. Plaintiff present. He is identified by his advocate. Contents in the application are verified, read and recorded. It is submitted in the application that defendants do not have clear title of the suit property. Therefore, plaintiff’s claim for…

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