SUIT - SHORT CAUSE CIVIL SUIT
Vijay Kisan ShelakeVsShanti Prakash Realty and Infrastructure Pvt. Ltd. +2 more
CNR MHCC0100951320199-COURT 09 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 17th December 2022
TrustJury record updated 22 Sept 2026
Case Overview
- Registration Number
- 102491/2019
- Registration Date
- 18 Sept 2019
Advocates
1For Petitioner
For Respondent
Not available
Parties
4Petitioner
Acts & Sections
1Hindu Marriage Act · Sec 37
Case History / Proceedings
Case History
Date: 14-11-2019 Business: Adv.Tiwari for plaintiff present. Adv. S.M.Naik for defendant No.2 present. Adv. Khatu for defendant No.1 present. As court is busy in hearing adinterim hearing in suit No 2915/19 and St. No.11777/19.Hence, board is discharged. Matter adj for Direction to 11.02.2020. Next Purpose: DIRECTIONS Next Hearing Date: 11-02-2020 Date: 11-02-2020 Business: Adv. Vaibhavi Pawar for plaintiff is present. Original registered N/M No.3757/2019 along with affidavit in support. t.o.r. Adv. Dhwani Patel for defendant no. 1 is present. She seeks time for tendering reply. O Granted as a last chance. Adv. Kandekar for defendant no. 2 is present. He submitted that he do not wish to file reply on N/M no. 3757/2019. Adv. Chandramore for defendant no. 3 is present. She seeks time for tendering N/M reply. O Granted as a last chance. Matter is adjd. for N/M reply to 24/03/2020. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 24-03-2020 Date: 24-03-2020 Next Purpose: NM REPLYREJOINDER Next Hearing Date: 03-04-2020 Date: 03-04-2020 Next Purpose: NM REPLYREJOINDER Next Hearing Date: 17-04-2020 Date: 17-04-2020 Reason For Adjournment: National Lock Down Next Purpose: NM REPLYREJOINDER Next Hearing Date: 06-05-2020 Date: 06-05-2020 Next Purpose: NM REPLYREJOINDER Next Hearing Date: 28-05-2020 Date: 28-05-2020 Reason For Adjournment: National Lock Down Next Purpose: NM REPLYREJOINDER Next Hearing Date: 15-06-2020 Date: 15-06-2020 Reason For Adjournment: National Lock Down Next Purpose: NM REPLYREJOINDER Next Hearing Date: 28-09-2020 Date: 28-09-2020 Business: Due to Lockdown because of Covid-19, board is discharged and as per SOP only urgent matters are taken up. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 19-01-2021 Date: 19-01-2021 Business: None for plaintiff. Adv. Mr. Hasan Khan for the defendant no.1. Adv. Mr. Pathak h/f Adv. Mr. Kandekar for the defendant no. 2. Adv Chandramore for the defendant no.3. Defendants no.2 and 3 failed to file reply to NM. Hence, NM to proceed without their reply. On oral request of the ld. advocate for the defendant no.1, matter is adjd. to 06/04/2021 for NM reply. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 06-04-2021 Date: 06-04-2021 Business: Due to SOP only urgent matter are taken up. Hence, the Board is discharged. Matter is adjd. to 28.06.2021 for NM reply. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 28-06-2021 Date: 28-06-2021 Business: due to covid-19 Next Purpose: NM REPLYREJOINDER Next Hearing Date: 12-08-2021 Date: 12-08-2021 Business: None for plaintiff. Adv. Mr. Yadav for defendant No.1 present. Adv. Sathamkar h/f Adv. Kandekar for defendant No.2 present. Adv. Chandramore for defendant No.3 present. Defendant No.1 has failed to file reply to NM. Hence, the NM to proceed without reply against defendant No.1. Defendants No.1 to 3 have failed to file WS. Hence, the suit to proceed without WS against defendants No.1 to 3. Matter is adjd. to 15/09/2021 for NM hearing/WS evidence. Next Purpose: NM FOR HEARING Next Hearing Date: 15-09-2021 Date: 15-09-2021 Business: None for Plaintiff. Ld. Adv. Ashwin Savlane for Defendant no.1 present. Matter is adjd. to 08.12.2021 for N/M. Hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 08-12-2021 Date: 08-12-2021 Business: court is on leave Next Purpose: NM FOR HEARING Next Hearing Date: 09-03-2022 Date: 09-03-2022 Business: Plff. is absent. Adv.Hasan Khan for Deft.No. 1 present. Adv. Kandekar for Deft.No. 2 present. Adv. Hajare for /Corporation present. Ld. Deft. no. 1 submits that the building is already demolished and plinth work is going on. As Plff. is not present, hearing can not be conducted today. Matter is adjd. to 07-06-2022 for N/m hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 07-06-2022 Date: 07-06-2022 Business: None present for plaintiff. None present for defendant no. 1. Adv. Pathak h/f Adv.Kandekar for defendant no. 2 /MHADA present. Adv. Chandramore for BMC present. Defendant no. 1 and plaintiff are absent they are going to furnish work progress therefore hearing can not be conducted today. Matter is adjd. to 02-08-2022 for N/m hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 02-08-2022 Date: 02-08-2022 Business: None present for plaintiff. Adv. Ashwin Sawlani for deft.no.1 present. Adv. Chandramore for defendant no.3/BMC present. Perusing record it appears that plaintiff is absent since long for NM hearing. The defendants advocate submitted that the building is demolished therefore the interest of plaintiff comes to an end. Plaintiff is absent hence he is directed to remain present on next date for hearing, failing which the NM no. 3757/19 will be dismissed. Matter is adjd. to 15.09.2022 for dismissal. Next Purpose: DISMISSAL Next Hearing Date: 15-09-2022 Date: 15-09-2022 Business: None present for plaintiff. Adv. Ashwin Sawlani for defendant no. 1 present. Adv.Chandramore for defendant no.3/BMC present. Adv Pathak H/f Adv Kandekar present for Deft.no. 2/MHADA Perusing record, it appears that the NM No. 3757/19 is for dismissal order. This Notice of Motion is for hearing stage since 12.08.2021, since then none present for plaintiff for hearing this Notice of Motion. Deft.no. 1 is present for hearing. It appears that the plaintiff does not want to proceed with this NM. Hence, the Notice of Motion No.3757 of 2019 is hereby dismissed for want of prosecution. Matter is adjd. to 11.11.2022 for hearing without WS. Next Purpose: HEARING WITHOUT WRITTEN STATEMENT Next Hearing Date: 11-11-2022 Date: 11-11-2022 Business: None present for plaintiff. Adv. Jasvindar Singh Choudhari for defendant no. 1 present. Adv. Chandramore for defendant/BMC present. Adv. Pathak h/f Adv. Kandekar for MHADA/Deft present. Plaintiff is absent for hearing. Perusing record, it appears that plaintiff is absent since long. It appears that Plaintiff does not want to proceed with this suit. Hence, kept this matter for dismissal. Matter is adjd. to 17.12.2022 for Dismissal. Next Purpose: DISMISSAL Next Hearing Date: 17-12-2022 Date: 17-12-2022 Business: None present for plaintiff. Adv. Pathak H/f Adv. Kandekar Deft/MHADA present. Adv. Disha Jain h/f Adv. Hasan for defendant no. 1 present. Perusing record, it appears that the plaintiff is absent since long. Matter is pending for hearing without written statement. But the plaintiff remained absent. Hence, suit was kept for dismissal order. Today also plaintiff is absent. Considering he was absent since 19.01.2021, It appears that plaintiff does not want to proceed with this suit. Hence, suit is dismissed for want of prosecution. Nature Of Disposal: DISMISSED Disposal Date: 17-12-2022
Additional Case Details
Additional Case Details
Filing Number: 110121/2019 Filing Date: 18-09-2019 First Hearing Date: 14th November 2019 Decision Date: 17th December 2022 Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE
Orders
1Final Order 117 Dec 2022
17 Dec 2022
Order Details: Other Pdf Text: None present for plaintiff. Adv. Pathak H/f Adv. Kandekar Deft/MHADA present. Adv. Disha Jain h/f Adv. Hasan for defendant no. 1 present. Perusing record, it appears that the plaintiff is absent since long. Matter is pending for hearing without written statement. But the plaintiff remained absent. Hence, suit was kept for dismissal order. Today also plaintiff is absent. Considering he was absent since 19.01.2021, It appears that plaintiff does not want to proceed with this suit. Hence, suit is dismissed for want of prosecution. -- 1 of 1 --
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