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SUIT - SHORT CAUSE CIVIL SUIT

Pankaj Ochhavlal ModiVsTukaram Tulshiram Magar

CNR MHCC01009250201962-COURT 62 AD-HOC ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 25th September 2023

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
103312/2019
Registration Date
10 Dec 2019

Advocates

1

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 10-01-2020
    Business: Court is busy in recording evidence in suit no.334/14 and court has to entertain two part-heard suits, hence case is adjourned to 10/02/2020.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 10-02-2020
    
    Date: 10-02-2020
    Business: Plaintiff present and filed an application for extension of time to serve writ of summons upon Defendants. O-Time extended till next date.
    None present for Defendant.
    Court is busy in hearing final arguments in HC expedited suit no.6714/06, hence case is adjourned to 16/04/2020.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 16-04-2020
    
    Date: 16-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: COMPLIANCE
    Next Hearing Date: 05-05-2020
    
    Date: 05-05-2020
    Business: National Lock down
    Next Purpose: COMPLIANCE
    Next Hearing Date: 27-05-2020
    
    Date: 27-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: COMPLIANCE
    Next Hearing Date: 12-06-2020
    
    Date: 12-06-2020
    Business: In view of extension of Lockdown period case is adjd. to 07.08.2020
    Next Purpose: COMPLIANCE
    Next Hearing Date: 07-08-2020
    
    Date: 07-08-2020
    Business: Adjourned due to Covid-19.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 11-09-2020
    
    Date: 11-09-2020
    Business: Due to Covid 19
    Next Purpose: COMPLIANCE
    Next Hearing Date: 04-12-2020
    
    Date: 04-12-2020
    Business: None present for Plaintiffs.
    None present for Defendants.
    It seems that due to Corona pandemic, parties are absent, hence case is adjourned to  18/02/2021 for service of writ of summons.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 18-02-2021
    
    Date: 18-02-2021
    Business: Adv Mr. Gaurav Nyayanit for plff present and filed affidavit of service of writ of summons on deft.
    O-The statement made in the affidavit that deft is served with writ of summons is supported by postal acknowledgment.
    Deft failed to appear though served writ of summons on 13.03.2020 hence, suit to proceed Ex-parte against deft.
    Adjd. for Ex-parte evidence to 23.04.2021.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 23-04-2021
    
    Date: 23-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 07-07-2021
    
    Date: 07-07-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 07-09-2021
    
    Date: 07-09-2021
    Business: None present for the plff.
    Suit is Ex-parte against the deft.
    Today’s is the third date for ex-parte evidence of the plff.
    As nobody is present for the plff, matter is adjd. for ex-parte evidence to 01.12.2021.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 01-12-2021
    
    Date: 01-12-2021
    Business: None present for plff. both parties.
    Plff has not adduced Ex-parte evidence hence, matter be kept for order.
    Matter is adjd. for order to 11.02.2022.
    Judge
    L.O.at 12.10 p.m.
    Adv MR. Gaurav h/f Adv Mr. Jagdish Nagar for plff present.
    Already adjd. to 11.02.2022.
    Next Purpose: ORDER
    Next Hearing Date: 11-02-2022
    
    Date: 11-02-2022
    Business: Due to Covid-19, matter is adjd.
    Next Purpose: ORDER
    Next Hearing Date: 26-04-2022
    
    Date: 26-04-2022
    Business: Adv Gaurav Nyayanit h/f Adv Jagdish Nagar present for plff.  and seeks adjournment for filing affidavit in lieu of examination in chief of plff by submitting that plff is not feeling well.
    None present for deft.
    Matter is adjd. for ex-parte evidence to 06.07.2022.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 06-07-2022
    
    Date: 06-07-2022
    Business: Adv.Jagdis Nagar for plaintiff present.
    KB
    LO at 01.45 pm,
    Adv.Jagdis Nagar for plaintiff present. He filed affidavit of evidence of Mr.Pankaj Ochhavlal Modi.
    He also filed compilation of documents.
    Matter adjd to 22.08.2022 for R/E.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 22-08-2022
    
    Date: 22-08-2022
    Business: None present for both sides.
    KB
    LO at 11.25 am
    None present for both sides.
    KB
    LO at 02.45 pm
    None present for both sides.
    Matter adjd to 29.09.2022 for R/E.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 29-09-2022
    
    Date: 29-09-2022
    Business: None present.
    No submissions for admissibility of documents.
    Matter adjd to 28/11/2022  for order.
    Next Purpose: ORDER
    Next Hearing Date: 28-11-2022
    
    Date: 28-11-2022
    Business: Adv.Jagdish Nagar for plaintiff present.
    None present for defendant.
    KB
    LO at 11.45 am
    Adv.Jagdish Nagar for plaintiff present.
    Affidavit of evidence of Mr.Pankaj Ochhavlal Modi (PW-1) filed on 06.07.2022 is verified and affirmed today as the witness is present. It is t.o.r. and marked as Exh.4.
    List of documents is marked as Exh.5.
    Heard the Ld.Adv.for the plaintiff on documents. Order regarding exhibition of documents is passed below Exh.4.
    Documents are marked from Exh.6 (colly.), Exh.7 (colly.), Exh.8, Exh.9 and Article-X.
      The Adv.for the plaintiff wants to file fresh certificate U/S.65B, hence, adjourned for compliance.
    Matter adj. to 03.12.2022 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 03-12-2022
    
    Date: 03-12-2022
    Business: None present for both sides.
    KB
    LO at 11.30 am
    None present for both sides.
    KB
    LO at 01.10 pm
    Plaintiff present.
    Matter adj. to 19.12.2022 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 19-12-2022
    
    Date: 19-12-2022
    Business: None present for both sides.
    Read the roznama dated 28.11.2022. Suit is ex-parte. Inspite of opportunity given to the plaintiff on 03.12.2022 the plaintiff failed to comply with the submissions made on 28.11.2022. Hence, keep for order.
    Matter adjd to 31.01.2023 for order.
    Judge
    LO at 12.45 am
    Adv.Gaurav Nyaynit for plaintiff present.
    Matter adjd to 31.01.2023 for order.
    Next Purpose: ORDER
    Next Hearing Date: 31-01-2023
    
    Date: 31-01-2023
    Business: None present for both sides.
    KB
    LO at 12.10 pm
    Plaintiff present.
    Adv.S.R. Gupta for plaintiff present and filed additional affidavit of examination-in-chief of plaintiff Mr.Pankaj Modi (PW-1) t.o.r. and marked as Exh.10. It is read and recorded.
    He also filed compilation of documents t.o.r. and marked as Exh.11.
    Matter adjd to 02.03.2023 for order on documents.
    Next Purpose: ORDER
    Next Hearing Date: 02-03-2023
    
    Date: 02-03-2023
    Business: None present for both sides.
    KB
    LO at 01.15 pm
    Adv.Gaurav Nyaynit for plaintiff present.
    ORDER ON LIST EXH.11
       The plaintiff by filing additional affidavit of evidence at Exh.10 filed additional document at list Exh.11. The document produced with list Exh.11 is certificate. Read the contents of paragraph No.2 of the additional affidavit. It is admitted and marked as Exh.12.
    Suit is ex-parte adjourned for further evidence of plaintiff.
    Matter adjd to 24.04.2023 for ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 24-04-2023
    
    Date: 24-04-2023
    Business: None present for both sides.
    Matter adjd to 27.06.2023 for further evidence of the plaintiff.
    Judge
    LO at 01.45 pm
    Adv.Gaurav Nyaynit for plaintiff present and filed evidence close pursis. TOR and marked as Exh.13.
    Matter adjd to 27.06.2023 for evidence of the deft.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 27-06-2023
    
    Date: 27-06-2023
    Business: Adv. Arpita Chopra for plaintiff present.
    None present for defendant.
    Matter is adjd.to   06.07.2023 for ex.parte argument
    Next Purpose: ARGUMENTS
    Next Hearing Date: 06-07-2023
    
    Date: 06-07-2023
    Business: None for plaintiff.
    None present for defendant.
    Matter is adjd.to   08-08-2023 for ex.parte argument
    Next Purpose: ARGUMENTS
    Next Hearing Date: 08-08-2023
    
    Date: 08-08-2023
    Business: Adv. Arpita Chopra for plaintiff present.
    None for defendant
    Matter is adjd.to 18-09-2023 for ex parte argument
    Next Purpose: ARGUMENTS
    Next Hearing Date: 18-09-2023
    
    Date: 18-09-2023
    Business: Adv. Jagdish Nagar for plaintiff present.
    None for defendant
    Heard Adv. Jagdish Nagar for plaintiff.
    Matter is adjd.to 25-09-2023 for ex parte judgment.
    Next Purpose: EX-PARTE JUDGEMENT
    Next Hearing Date: 25-09-2023
    
    Date: 25-09-2023
    Business: Adv. Jagdish Nayar for plaintiff present.
    None for defendant
    F. R.S.R. following order passed in -
                                     ORDER
    1. Suit stands dismissed.
    2. Decree be drawn up accordingly.
    Nature Of Disposal: DISMISSED
    Disposal Date: 25-09-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 109782/2019
    Filing Date: 09-09-2019
    First Hearing Date: 10th January 2020
    Decision Date: 25th September 2023
    Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    25 Sept 2023

    Order Details: Ex-parte Judgement Pdf Text: 1 Judgment 3312/2019 MHCC010092502019 Presented on : 09-09-2019 Registered on : 10-12-2019 Decided on : 25-09-2023 Duration : 4 Y. 0 M. 16 D. IN THE BOMBAY CITY CIVIL COURT AT MUMBAI. S.C. SUIT No. 3312 OF 2019 Pankaj Ochhavlal Modi } age 67 years, Occ: Business, } Proprietor of M/s. Modi Electricals } carrying business at 31 Ground } Floor, Sardar Griha Bldg., Lohar } Chawl, Mumbai 400 002 } ...Plaintiff Vs. Tukaram…

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