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SUIT - SHORT CAUSE CIVIL SUIT

Adarsh Seva SanghVsSmt. Savitribai wd/o Jamnalal Bhatia +2 more

CNR MHCC0101008920194-COURT 04 AD-HOC JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 04th May 2024

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
103020/2019
Registration Date
22 Nov 2019

Advocates

2

For Petitioner

For Respondent

Parties

4

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec 39

Case History / Proceedings

Case History
Date: 27-01-2020
Business: Adv. Minakshi Javale for plaintiff present and tendered affidavit of service along with writ of summons.t.o.r.
None for defendant No.1 and 2.
Defendant No.3 is present.
Adv. Khandagle for MCGM/Deft. present.
Matter adjd to 28.02.2020 for W/S.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 28-02-2020

Date: 28-02-2020
Business: Plaintiff present, his advocate is absent.
Adv.More for defendant No.1 and 2 present.
Adv. Mrs. Hajare for MCGM/Deft. 3 present.
Defendant No.3 is also present.
On oral request of advocate for Defendant, adjournment granted as last chance.
 Matter adjd to 18.06.2020 for W/S.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 18-06-2020

Date: 18-06-2020
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 28-08-2020

Date: 28-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 15-10-2020

Date: 15-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 17-12-2020

Date: 17-12-2020
Business: None for Plaintiff.
None for Defendant Nos. 1 and 3.
Adv. Mrs. Hajare for Defendant No. 2/MCGM present and  requests for time to file W.S. Time is granted till next date.
Matter adjd to 18/02/2021 for filing W.S. by Defendant No.2/MCGM.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 18-02-2021

Date: 18-02-2021
Business: None for plaintiff.
Adv. Nikita More for deft no.1 and 3 present.
Adv. Ms. Smita Chavan h/f Adv. Hazare for deft no.2/MCGM present and requests for time to file written statement of deft no.2. Time is granted till next date.
Matter adjd to 30/03/2021 for filing WS by deft no.2/MCGM.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 30-03-2021

Date: 30-03-2021
Business: Court is on leave.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 04-05-2021

Date: 04-05-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 22-07-2021

Date: 22-07-2021
Business: Due to Covid-19.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 12-08-2021

Date: 12-08-2021
Business: None for plaintiff.
None for defendant nos.1 and 3.
Adv Rawade h/f Adv Smita Chavan for defendant no.2 / MCGM is present and and requests for time to file W/s. Time is granted till next date.
Adjd. To 30/09/2021 for filing written statement by defendant no.2/ MCGM.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 30-09-2021

Date: 30-09-2021
Business: None for plaintiff.
None for defendant nos.1 and 3.
Adv Mrs Rawade h/f Adv Smita Chavan for defendant / MCGM present and requests for time to file W/s. Time is granted till next date.
Adjd. To 30/11/2021 for filing W/s by defendant no.2 / MCGM.
L.O. at 12.30 p.m.
Adv Miss Nikita More for defendant nos.1 and 3 present.
Already adjd. To 30/11/2021 for filing W/s by defendant no.2 / MCGM.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 30-11-2021

Date: 30-11-2021
Business: None for plaintiff.
None for Defendant No. 1 and 3.
Adv Mrs Rawade for defendant  no.2/ MCGM present and seeks time to file W.S. Time is granted till next date.
Matter is adjd to 08/03/2022 for filing W.S. by Defendant No.2/MCGM.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 08-03-2022

Date: 08-03-2022
Business: None for plaintiff.
None for defendant nos.1 and 3.
Adv Mrs Smita Chavan for defendant no.2/ MCGM present and requests for time to file W/s. Time is granted till next date.
Adjd. To 07/04/2022 for filing W/s by defendant no.2/ MCGM.
L.O. at 12.00 noon.
Adv Nikita More for defendant nos.1 and 3 present.
Already adjd. To 07/04/2022 for filing W/s by defendant no.2/ MCGM.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 07-04-2022

Date: 07-04-2022
Business: HHJ is on leave.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 23-06-2022

Date: 23-06-2022
Business: None for plaintiff.
Adv. Mrs. Rawade h/f Adv. Mrs. Smita Chavan for defendant Nos. 1 and 2/ MCGM is present and requested for time to file W/S.
Deft. No. 3 is present, her advocate is absent.
Adjd. to 28/07/2022 for passing No w/s orders against deft. No. 1 and 2/MCGM.
Next Purpose: ORDER
Next Hearing Date: 28-07-2022

Date: 28-07-2022
Business: None for Plaintiff.
None for Defendant No.1.
Adv Mrs Smita Chavan for defendant no.2 / BMC present and requested for time to file W.S. Time is granted till next date.
Defendant No.3 is present.
Advocate for Defendant Nos. 1 and 3 absent.
Adjd. to 06/09/2022 for \''No W.S. order\'' against Deft. No.2/BMC.
Next Purpose: ORDER
Next Hearing Date: 06-09-2022

Date: 06-09-2022
Business: None for plaintiff.
Adv.Nikita More for D/1 present.
Adv Mrs Rawade h.f. Adv. Chavan for D/2 - BMC  is present.
Adjd. to 22/09/2022 for \''No W.S. order\'' against D/2-BMC.
Next Purpose: ORDER
Next Hearing Date: 22-09-2022

Date: 22-09-2022
Business: None for plaintiff.
Adv. for deft. Nos.1 and 3 absent.
Deft. No.1 absent.
Adv. Mrs. Tondwalkar h/f Adv. Mrs. Chavan for defendant No.2/ BMC is present and requested time to file W/S. However, since last 3 dates matter is posted for No W/S order but corporation has not filed W/S and today seeking time hence, request is rejected. No W/S order is passed against deft. No.2.
Deft. No.3 present.
Adjd. to 03/12/2022 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 03-12-2022

Date: 03-12-2022
Business: Court is on leave.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 04-02-2023

Date: 04-02-2023
Business: None for plaintiff.
None for defendant No.1.
Adv. Mrs. Chavan for defendant No.2/ BMC is present.
Defendant No.3 present, her advocate absent.
Draft issues not tendered by both the parties.
Adjd. to 18/03/2023 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 18-03-2023

Date: 18-03-2023
Business: None for plaintiff.
None Defendant no.1 present.
Adv. Mhatre h/f Adv. Mr. Suryavanshi for defendant no. 2/ BMC is present.
Defendant no. 3 present, his adv absent.
Adjd. to 17-06-2023 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 17-06-2023

Date: 17-06-2023
Business: None present for plaintiff.
None present for Defendant No. 1.
Advocate Suryavanshi h/f Mhatre for defendant No.2/BMC present.
Defendant No. 3 present and her advocate is absent.
Adjd  to  05.08.2023 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 05-08-2023

Date: 05-08-2023
Business: None present for plaintiff
None present for def No. 1
Advocate Mhatre for defendant No.2/BMC present.
Def NO. 3 present and her advocate is absent.
As court is busy in dictating NM Orders and due to paucity of time, matter is adjourned.
Adjd to 07.10.2023 for framing issues
Next Purpose: FRAMING ISSUES
Next Hearing Date: 07-10-2023

Date: 07-10-2023
Business: None present  for plaintiff
Advocate Mhatre for defendant/BMC present.
Exh. …. Issues are framed.
Adjd  to 29.11.2023     for  List of witness and R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-11-2023

Date: 29-11-2023
Business: None for plaintiff
None present for deft No.1
Advocate Mr. Suryavanshi for defendant No.2/ BMC present.
Deft No. 3 present and Adv is absent.
Today is first date for plaintiff’s evidence but none present for plaintiff, hence matter is adjourned.
Adjd  to 19.01.2024  for evidence of plaintiff /R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-01-2024

Date: 19-01-2024
Business: Advocate  for plaintiff present.
None present for deft No. 1.
Advocate Suryavanshi  for defendant No.2/BMC present.
Deft No. 3 present.
Issues are framed 07.10.2023 but none present for plaintiff.
Hence matter adjourned
Adjd  to  09.02.2024   for plaintiff evidence/R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-02-2024

Date: 09-02-2024
Business: None for plaintiff present.
None for defendant no. 1 present.
Defendant no. 3 in person present.
Adv. Suryavanshi for BMC-2 present.
Matter adjourned for R/E to 26/04/2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 26-04-2024

Date: 26-04-2024
Business: None present for plaintiff
Advocate Suryavanshi h/f Mhatre for defendant No.2/BMC present.
Issues are framed on 07.10.23 and there after matter adjourned on 29.11.2023, 19.01.2024 and 09.02.2024 for plaintiff evidence but neither plaintiff nor his Adv remains present.  Today none present for plaintiff, hence matter adjourned for dismissal of suit.
None present for deft NO. 1
Deft No. 3 present.
Adjd  to  04.05.2024   for dismissal of suit.
Next Purpose: SUIT DISMISSAL
Next Hearing Date: 04-05-2024

Date: 04-05-2024
Business: None present for plaintiff
Advocate  Amar Patil h/f Mhatre for defendant No. 2/BMC present.
Deft NO. 3 present
None  for D-1
keep back
Later on 1.30 p.m
    The suit is of year 2019 and pending since many dates for plaintiff evidence but neither the plaintiff nor his Advocate remains present. Therefore on previous date matter was adjourned and kept today for dismissal of suit but inspite of that none appeared for plaintiff. This shows that plaintiff is not interested to proceed with the suit. Therefore I have no option but to dismiss the suit for want of prosecution. Hence I pass following order
ORDER
Suit is dismissed under order XI Rule 8 of Civil Procedure Code.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 04-05-2024

Additional Case Details

Additional Case Details
Filing Number: 110733/2019
Filing Date: 03-10-2019
First Hearing Date: 27th January 2020
Decision Date: 04th May 2024
Court Number And Judge: 4-COURT 04 AD-HOC JUDGE

Orders

1
Final Order 1
04 May 2024
Order Details: Other
Pdf Text: 19 Dt:04.05.2024
SU 3020/19
CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
None present for plaintiff
Advocate Amar Patil h/f Mhatre for defendant No. 2/BMC
present.
Deft NO. 3 present
None for D-1
keep back
Later on 1.30 p.m
The suit is of year 2019 and pending since many dates for
plaintiff evidence but neither the plaintiff nor his Advocate
remains present. Therefore on previous date matter was
adjourned and kept today for dismissal of suit but inspite of
that none appeared for plaintiff. This shows that plaintiff is
not interested to proceed with the suit. Therefore I have no
option but to dismiss the suit for want of prosecution.
Hence I pass following order
ORDER
Suit is dismissed under order XI Rule 8 of Civil Procedure
Code.
Judge
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