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SUIT - SHORT CAUSE CIVIL SUIT

Nikhilesh K. Jhaveri +1 moreVsMHADA +2 more

CNR MHCC0101052020198-COURT 08 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 21st September 2024

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
102719/2019
Registration Date
16 Oct 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    5

    Acts & Sections

    1
    Hindu Marriage Act · Sec 34 · 36

    Case History / Proceedings

    Case History
    Date: 13-11-2019
    Business: None present.
    Matter adj for Direction to 07.02.2020.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 07-02-2020
    
    Date: 07-02-2020
    Business: None present for plaintiff is.
    Adv.  Ramchandran Narayanan  for applicants in Ch/s   is present.  Original registered Ch/s  No.2325/2019  along with affidavit in support tendered by the Plaintiff. t.o.r.
    Adv. Kandekar    for defendant no 1 and 2 is present.
    Matter is adjd.  for Ch/s reply  to 03/04/2020.
    Next Purpose: C/S REPLY
    Next Hearing Date: 03-04-2020
    
    Date: 03-04-2020
    Next Purpose: C/S REPLY
    Next Hearing Date: 17-04-2020
    
    Date: 17-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: C/S REPLY
    Next Hearing Date: 06-05-2020
    
    Date: 06-05-2020
    Next Purpose: C/S REPLY
    Next Hearing Date: 28-05-2020
    
    Date: 28-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: C/S REPLY
    Next Hearing Date: 15-06-2020
    
    Date: 15-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: C/S REPLY
    Next Hearing Date: 07-09-2020
    
    Date: 07-09-2020
    Business: National Lock Down
    Next Purpose: C/S REPLY
    Next Hearing Date: 21-12-2020
    
    Date: 21-12-2020
    Business: None present for the plaintiff
    Adv Kandekar present for the defendant no 1 and 2.
    Matter is adjd. to 16.04.2021 for Ch/s reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 16-04-2021
    
    Date: 16-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: C/S REPLY
    Next Hearing Date: 28-06-2021
    
    Date: 28-06-2021
    Business: due to covid-19
    Next Purpose: C/S REPLY
    Next Hearing Date: 12-08-2021
    
    Date: 12-08-2021
    Business: None for plaintiff.
    Adv. Mr. Sathamkar h/f Adv. Kandekar for defendant present.
    Defendants have failed to file reply to Ch/s. Hence, the Ch/s to proceed without reply against defendants.
    Defendants No.1 to 5 have failed to file WS. Hence, the suit to proceed without WS against defendants No.1 to 5.
    Matter is adjd. to 27/10/2021  for Ch/s hearing/no WS evidence.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 27-10-2021
    
    Date: 27-10-2021
    Business: Adv Sanket Mungale  for plaintiff present.
    Adv Pathak defendant MHADA present.
    Matter is adjd. To 14-01-2022 for Ch/s. Hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 14-01-2022
    
    Date: 14-01-2022
    Business: Due to SOP only urgent matters are taken up.
    Matter is adjd. to 30.03.2022 for CS hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 30-03-2022
    
    Date: 30-03-2022
    Business: Adv. S. M. Mungale present  for plaintiff.
    Adv. Pathak hf adv. Kandekar present for defendant 01 and 02/MHADA.
    None present for defendant no. 03.
    None present for applicant in chs. no. 2325/19.
    Matter adjourned for chs. no. 2325/19/dismissal order and nm hrg. To 11/04/22.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-04-2022
    
    Date: 11-04-2022
    Business: None present for plaintiff.
    None present for applicant in chs.
    Adv. Pathak hf adv. Kandekar present for defendant/MHADA.
    As plaintiff and apllicant in chs and their advocate are absent,
    Matter adjourned for cs 2325/19 dismissal order and nm hrg. To 18/06/22.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-06-2022
    
    Date: 18-06-2022
    Business: None present for plaintiff.
    Adv. Pathak h/f Adv. Kandekar present for defendant/MHADA.
    Applicant in Ch/S No. 2325/2019 are also absent.
    Matter adjourned for dismissal order of N/M and Ch/S to 08/07/2022.
    Next Purpose: DISMISSAL
    Next Hearing Date: 08-07-2022
    
    Date: 08-07-2022
    Business: Adv S.M. Mungle present for plaintiff.
    Adv Pathak h/f Adv Kandekar present for defendant no. 01 & 02.
    Applicant in Chamber Summons no.2325/19 is also absent.
    None present for defendant no. 03.
    From the record it appears that, applicant in Chamber Summons  no.2325/19 and there Adv are absent since long and did not take steps to proceed with the Chamber Summons  and therefore, today the matter is kept for dismissal order of Chamber Summons. Today also applicant in Chamber Summons and there Adv are absent. From the above conduct of applicant in Chamber Summons, it appears they are not interested to proceed further with Chamber Summons no.2325/19. Therefore, it will be appropriate to dismiss the Chamber Summons no.2325/19 as per Order 9 Rule 8 of the Code of Civil Procedure. Hence, Chamber Summons no.2325/19 is dismissed as per Order 9 Rule 8 of the Code of Civil Procedure.
    Adv for plaintiff sought adjournment for Notice of Motion Hearing.
    Matter adjourned for Notice of Motion Hearing to 12.08.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-08-2022
    
    Date: 12-08-2022
    Business: Adv. S. M. Mungale present for plaintiff and sought adjournment.
    None present for defendants.
    Matter adjourned for nm hearing/order to 19/09/22.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-09-2022
    
    Date: 19-09-2022
    Business: None present for plaintiff.
    Adv. Pathak hf adv. Kandekar present for defendant/MHADA.
    As plaintiff and his adv. are absent, Matter adjourned for dismissal order of nm no. 4250/2019 to 15/10/22.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 15-10-2022
    
    Date: 15-10-2022
    Business: None present for plaintiff.
    Adv. Pathak hf adv. Kandekar present for defendant 01 and 02/MHADA.
    None present for other defendant 03.
    From the record it appears that, plaintiff has taken out notice of motion no. 4250/2019.
    From the record it appears that, plaintiff and his adv. are absent since long and did not take steps to proceed further with the Notice of Motion no. 4250/2019 and therefore matter is kept for dismissal order of Notice of Motion no. 4250/2019. Today also plaintiff and his advocate are absent. From the above conduct of the plaintiff, it appears that plaintiff is not interested to proceed further with the Notice of Motion no. 4250/2019. Therefore, it will be appropriate to dismiss the Notice of Motion no. 4250/2019 as per Order 9 Rule 8 Of Code Of Civil Procedure. Hence, Notice of Motion no. 4250/2019 is dismissed as per Order 9 Rule 8 Of Code Of Civil Procedure.
    Matter adjourned for service of writ of summons/proof of service of defendant no. 03 to 30/11/22.
    l.o. at 04.13 pm.
    Adv. Sameer Solanki present for plaintiff.
    Next Purpose: SERVICE
    Next Hearing Date: 30-11-2022
    
    Date: 30-11-2022
    Business: None present for plaintiff.
    Adv. Harshida Darji hf adv. Kandekar present for defendant/MHADA.
    From the record it appears that, since long plaintiff and his advocate are absent and did not take steps to proceed further with the suit. Hence, Matter adjourned for order to 21/01/23.
    Next Purpose: ORDER
    Next Hearing Date: 21-01-2023
    
    Date: 21-01-2023
    Business: None present for plaintiff.
    None present for defendants.
    From the record it appears that, since long plaintiff and his adv are absent and did not take steps to proceed further. Today also plaintiffs are absent and did not take steps. Hence,
    Matter adjourned for dismissal order to 18.02.2023.
    Next Purpose: DISMISSAL
    Next Hearing Date: 18-02-2023
    
    Date: 18-02-2023
    Business: Adv. Sameer solaki  hf adv. Mungale present for plaintiff and sought adjournment.
    Adv. Pathak hf adv. Kandekar present for defendant no. 01 and 02/MHADA.
    None present for other defendants.
    Matter adjourned for steps to 23/03/23.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 23-03-2023
    
    Date: 23-03-2023
    Business: None present for plaintiffs.
    Adv. Janhvi Kandekar present for defendant/MHADA.
    From the record it appears that, since long plaintiff has not take steps for service of writ of summons to the defendants and did not filed affidavit of service to defendant no. 03. Hence, Matter adjourned for steps/order to 27/04/23.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 27-04-2023
    
    Date: 27-04-2023
    Business: None present for plaintiff.
    Adv. Kandekar present for defendant/MHADA.
    As plaintiff and his adv. are absent, and did not take steps for service of writ of summons to the defendant no. 03 Matter adjourned for dismissal order against defendant no. 03 to 28/06/23.
    Next Purpose: DISMISSAL
    Next Hearing Date: 28-06-2023
    
    Date: 28-06-2023
    Business: None present for plaintiff.
    None present for defendants.
    Order below Exh.01.
         Plaintiff and their counsel are absent. They failed to take steps against defendant No.3. Suit is dismissed against defendant No.3.
    Matter adjourned for Framing Issues to 24.07.2023.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 24-07-2023
    
    Date: 24-07-2023
    Business: None present for plaintiff.
    Adv.Harshida Darji h/f. Adv. Kandekar present for defendant/MHADA.
    Matter adjourned for Framing Issues to 22.08.2023.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 22-08-2023
    
    Date: 22-08-2023
    Business: None present for plaintiff.
    Adv.Harshida Darji h/f. Adv. Kandekar present for defendant/MHADA.
    Matter adjourned for Framing Issues to 10.10.2023.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 10-10-2023
    
    Date: 10-10-2023
    Business: As court is on leave board is discharged.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 07-12-2023
    
    Date: 07-12-2023
    Business: None present for plaintiff.
    Adv. K.N. Kandekar present for defendant/MHADA.
    Exh.7- Issues framed.
    Matter adjourned for Recording Evidence to 02.01.2024.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 02-01-2024
    
    Date: 02-01-2024
    Business: Adv. Swapna Khemlapure h/f. Adv. Sanket Mungle present for plaintiff. She prays for an adjournment. Adjournment is granted as last chance.
    Adv. Harshida Darji h/f. Adv. K.N. Kandekar present for defendant/MHADA.
    Matter adjourned for Recording Evidence to 20.02.2024.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 20-02-2024
    
    Date: 20-02-2024
    Business: Adv. Swapna Khemlapure h/f. Adv. Sanket Mungle present for plaintiff. She filed adjournment application at Exh.08. O- Other side to say.
    Say endorsed on Exh.8 defendant/MHADA.Hence, O- Adjournement is granted.
    Adv. K.N. Kandekar present for defendant/MHADA.
    Adv. Chandramore present for def/BMC.
    Matter adjourned for Recording Evidence to 02.05.2024.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 02-05-2024
    
    Date: 02-05-2024
    Business: None present for plaintiff.
    Adv. Harshida Darji h/f. Adv. K.N. Kandekar present for defendant/MHADA.
    Adv. Pradnya Chandramore present for defendant/BMC.
    Matter adjourned for Recording Evidence to 10.07.2024.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 10-07-2024
    
    Date: 10-07-2024
    Business: None present for plaintiff.
    Adv. Shweta Yadav h/f. Adv. K.N. Kandekar present for defendant/MHADA.
    Keep the matter for dismissal.
    Matter adjourned for Dismissal order to 20.07.2024.
    Later on at 12.04 p.m.
    Adv. Mangal Kadam for defendant/MHADA present.
    Next Purpose: DISMISSAL
    Next Hearing Date: 20-07-2024
    
    Date: 20-07-2024
    Business: None present for plaintiff.
    Adv. Harshida Darji h/f. Adv. K.N. Kandekar present for defendant/MHADA.
    Plaintiff failed to lead evidence. Hence, suit is dismissed in default.
    Later on at 01.30 p.m.
    Adv. Swapna Khemlapure h/f. Adv. Sanket Mungale for plaintiff present.
    Later on at 02.45 p.m.
    In view of heavy rains in Mumbai and disruption of traffic and local services, order of dismissal is set asides and matter is restored to its original number.
    Matter is adjourned for dismissal to 17.08.2024.
    Next Purpose: DISMISSAL
    Next Hearing Date: 17-08-2024
    
    Date: 17-08-2024
    Business: None present for plaintiff.
    Adv. Harshida Darji h/f. Adv. K.N. Kandekar present for defendant/MHADA.
    Matter is adjourned for dismissal to 21/9/24.
    Next Purpose: DISMISSAL
    Next Hearing Date: 21-09-2024
    
    Date: 21-09-2024
    Business: None present for plaintiff.
    Adv. K.N. Kandekar present for defendant/MHADA.
    Keep back
    Later on at 02.45 p.m.
    Plaintiff and his counsel are absent continuously since many dates. This shows they are not interested in proceeding with this case. Hence, this case is dismissed for want of prosecution.
    Nature Of Disposal: DISMISSED
    Disposal Date: 21-09-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 111187/2019
    Filing Date: 14-10-2019
    First Hearing Date: 13th November 2019
    Decision Date: 21st September 2024
    Court Number And Judge: 8-COURT 08 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    21 Sept 2024
    Order Details: Other
    Pdf Text: Date
    21.09.2024
    06
    Coram: H.H.J. Shri. V. G. Raghuwanshi, City Civil Court, Mumbai.
    (C.R.08)
    Suit No.
    2719/2019
    None present for plaintiff.
    Adv. K.N. Kandekar present for defendant/MHADA.
    Keep back
    Later on at 02.45 p.m.
    Plaintiff and his counsel are absent continuously since many dates.
    This shows they are not interested in proceeding with this case.
    Hence, this case is dismissed for want of prosecution.
    Judge
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