SUIT - SHORT CAUSE CIVIL SUIT

Ms. Lopa Arunkumar GajiwalaVsDaksha Kesarichand Jhaveri +13 more

CNR MHCC01010749201962-COURT 62 AD-HOC ADDL SESSIONS JUDGE

City Civil Court, Mumbai

Mumbai · Maharashtra (MH)

CASE DISPOSED

Uncontested--DISMISSED IN DEFAULT

Decision Date: 04th May 2026

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number: 100715/2022
Registration Date: 25 Mar 2022

Advocates

For Petitioner

Akhilesh Upadhyay

For Respondent

Harshil Parekh

Parties

Petitioner

1Ms. Lopa Arunkumar Gajiwala

Respondent

Acts & Sections

Specific Relief Act · Sec 34

Case History / Proceedings

Case History

Date: 27-09-2021

Date: 20-10-2022
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-10-2022

Date: 20-10-2022
Business: None present for plaintiff.
Adv.Harshil Parekh for deft.No.14 present. He filed vakalatnama on behalf of defendant No.14 t.o.r. and marked as Exh.6.
The plaintiff has not filed service affidavit. Matter adjd to 17.01.2023 for service affidavit.
Judge
LO at 01.45 pm
Adv.Akhilesh Upadhyay for plaintiff present. He requested time to file service affidavit.
Matter adjd to 17.01.2023 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-01-2023

Date: 17-01-2023
Business: None present for both sides. Plaintiff failed to file service affidavit. Considering the nature of dispute case is referred to lok-adalat.
Matter adjd to 11.02.2023 for lok-adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 11-02-2023

Date: 11-02-2023
Business: Parties and their Ld. Advocates are absent.
As parties and their Ld. Advocates are absent, hence, matter is kept in regular Court.
Matter is adjd to 21.03.2023.
Next Purpose: HEARING
Next Hearing Date: 21-03-2023

Date: 21-03-2023
Business: None present for both sides.
Matter adjd to 26.06.2023 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 26-06-2023

Date: 26-06-2023
Business: None for plaintiff.
None for defendant
Matter is adjd.to 29-08-2023 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 29-08-2023

Date: 29-08-2023
Business: Court is on leave.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-10-2023

Date: 09-10-2023
Business: Adv. Neelam Lodha h/f Adv. Akhilesh Upadhyay  for plaintiff present and filed application for substituted service t.o.r. marked as Exh.7
None for defendant
Matter is adjd.to 23-11-2023 for order on Exh. 7
Next Purpose: ORDER
Next Hearing Date: 23-11-2023

Date: 23-11-2023
Business: Adv. Neelam  h/f Adv. Upadhay for plaintiff present.
None for defendant.
Matter is adjourned to  09-01-2024 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-01-2024

Date: 09-01-2024
Business: Adv. Neelam Lodha h/f Adv. Upadhyay for plaintiff present.
None for defendant
Matter is adjourned to 03-02-2024 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-02-2024

Date: 03-02-2024
Business: Court is on leave.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 02-03-2024

Date: 02-03-2024
Business: Adv. Neelam Lodha for plaintiff present.
None for defendant
Matter is adjourned to 03-04-2024 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-04-2024

Date: 03-04-2024
Business: None for plaintiff.
None for defendant
Matter is adjourned to 08-07-2024 for affidavit of service and order against plaintiff.

LO 2.45 pm
Adv. Akhilesh Upadhyay for plaintiff present.
The Ld. Counsel for  plaintiff point out that though the draft NM was tendered by the plaintiff way back in the month of October 2019 along with the plaint, due to mistake on his part the leave to register the said draft NM is remained to be obtained. Hence, he would seek leave to register the said draft NM. Considering the submission made by the Ld. Counsel for  plaintiff and from the perusal of the record it reveals that draft NM is available in the record and proceeding which is affirmed by the plaintiff on 18-10-2019 and the same is accompanied with affidavit in support thereof. In view of the matter leave is granted to register the said draft NM. Plaintiff shall serve the defendants with the copy of NM and other relevant documents and shall file affidavit of service by next date.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-07-2024

Date: 08-07-2024
Business: Court is on leave.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 31-07-2024

Date: 31-07-2024
Business: Court is on leave.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 29-08-2024

Date: 29-08-2024
Business: Adv. Neelam Lodha h/f. Adv. Akhilesh for plaintiff present and tendered original NM No. 2623/24.
Adv. Ashna Shah for defendant No. 12 present and filed vakalatnama on behalf of defendant No. 12. It is taken on record and marked as Exh.07.
Matter is adjourned to   13-11-2024 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 13-11-2024

Date: 13-11-2024
Business: Adv. Neelam Lodha for plaintiff present.
Adv. Abdul Rehman  for defendant no. 12  present.
Matter is adjourned to 15.01.2025 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 15-01-2025

Date: 15-01-2025
Business: None for plaintiff present.
None for defendant present.
Matter is adjourned to 25-03-2025 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 25-03-2025

Date: 25-03-2025
Business: Adv. Vedprakash Choudhary for plaintiff present.
None for defendant.
Matter is adjourned to 08.05.2025 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-05-2025

Date: 08-05-2025
Business: Adv. Vedprakash Chaudhary for plaintiff present.
None for defendant.
At the request of adv. for plaintiff matter is adjourned to 23.07.2025 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 23-07-2025

Date: 23-07-2025
Business: Court is on leave.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 25-08-2025

Date: 25-08-2025
Business: None for plaintiff.
Adv. Abdul Rehman  for defendant no.12 present.
Matter is adjourned to 06.11.2025 for steps by plaintiff.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-11-2025

Date: 06-11-2025
Business: CORAM : H.H.J. SHRI. P. G. BHOSALE (C.R. NO.62)
None for plaintiff present.
Adv. Abdul Rehman for defendant no. 12 present.
The plaintiff has not filed affidavit of service since last more than 2 years. If the plaintiff doesnot appears and files affidavit of service on next necessary orders will be passed against him.
Matter is adjourned to 20.01.2026 for steps by the plaintiff.
                                                                                        Judge
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-01-2026

Date: 20-01-2026
Business: CORAM : H.H.J. SHRI. A. C. DAGA (C.R. NO.62)
None for plaintiff.
None for defendant.
Kept Back.
Later on at 03.50 pm
Adv. Akhilesh Upadhyay for plaintiff present and sought time to take appropriate steps. Plaintiff to take appropriate steps regarding service of writ of summons upon defendant no. 1 to 11 by next date failing which suit against defendant no. 1 to 11 will be dismissed.
Adv. Abdul Rehman for defendant no. 12 present.
Matter is adjourned to 16.02.2026 for steps by plaintiff.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-02-2026

Date: 16-02-2026
Business: CORAM : H.H.J. SHRI. N. V. JIWANE (C.R. NO.62)
None for plaintiff.
Adv. Abdul Rehman for defendant no. 12 present.
Record shows that plaintiff has tendered registered notice of motion no. 2623/2024 on 29/08/2024 and since then plaintiff has not taken any steps to serve the notice of motion on defendants. Today plaintiff and her Ld. Advocate are absent and no service affidavit has been filed on record or sought time. It seems that plaintiff is not interested in prosecuting the Notice of motion. Hence, NM no. 2623/2024 is dismissed for default.
Matter is adjourned to 27.02.2026 for dismissal orders.
Next Purpose: DISMISSAL
Next Hearing Date: 27-02-2026

Date: 27-02-2026
Business: None for plaintiff present.
None for defendant.
Matter is adjourned to 04-05-2026 for Dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 04-05-2026

Date: 04-05-2026
Business: CORAM : H.H.J. SMT. S. S. NAGUR (C.R. NO.62)
Matter called at 11.10 am
None for plaintiff.
None for defendant.
Again matter called at 01.50 pm
None present.
Order below Exh.1.
The plaintiff did not take steps to proceed with the suit since 2023. It seems that plaintiff is not interested to proceed with the suit as noted in the roznama dated 06/11/2025 and 16/02/2026.  Hence suit is dismissed for not taking steps.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 04-05-2026

Additional Case Details

Filing Number: 111520/2019
Filing Date: 19-10-2019
Decision Date: 04th May 2026
Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE

Orders

Final Order 2

04 May 2026

Order Details: Order below exhibit
Pdf Text: 04.05.2026 CORAM : H.H.J. SMT. S. S. NAGUR (C.R. NO.62)
Sr. No.14
SU.715/2022
Matter called at 11.10 am
None for plaintiff.
None for defendant.
Again matter called at 01.50 pm
None present.
Order below Exh.1.
The plaintiff did not take steps to proceed with the suit since
2023. It seems that plaintiff is not interested to proceed with the
suit as noted in the roznama dated 06/11/2025 and 16/02/2026.
Hence suit is dismissed for not taking steps.
Judge
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Interim Order 1

27 Sept 2021

Order Details: Other
Pdf Text: 7 27.09.2021
ST NO.
11520/19
SU 715/22
CORAM : HHJ SHRI K. M. JAISWAL, JUDGE, CITY CIVIL
COURT,GR.MUMBAI (C.R.NO.1)
None for plaintiff.
Plaint is lodged on 19.12.2019 till date office objection is
not removed, though the sufficient opportunity was given.
Hence, plaint is rejected for non removal of office
objection. Suit be registered for statistical purpose.
Judge
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Order 1