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SUIT - SHORT CAUSE CIVIL SUIT

Mahadev Limbaji SawantVsMHADA +1 more

CNR MHCC0101077120198-COURT 08 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 17th July 2025

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
102841/2019
Registration Date
07 Nov 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Respondent

    1. 1MHADA
    2. 2MBRRB

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec Order 39 · Rule 2

    Case History / Proceedings

    Case History
    Date: 07-11-2019
    Business: Suit newly assigned to this court.
    Adv. Kharatmol for the Plaintiff present.
    Registered N/M 4082/19 @ affidavit in support filed by adv. for Plaintiff. t.o.r.
    Affidavit of service tendered by Plaintiff. t.o.r.
    Adv. Satakmkar h/f Adv. Chandekar for defendant no. 1 and 2 present.
    Matter is adjd. to 12.12.2019 for N/M reply / W/s
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 12-12-2019
    
    Date: 12-12-2019
    Business: Adv.Kulkarni  for the Plaintiff is present.
    Adv. Satamkar h/f Adv. Kandekar  for Defendant is  present.  He seeks time for tendring reply O granted.
    Matter is NT
    Earlier Ad-interim order, if any be continued till next date.
    Matter is adjd. for NM reply  to 13/02/2020.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 13-02-2020
    
    Date: 13-02-2020
    Business: Adv. P.N.Kulkarni  for plaintiff is present.
    Adv. Satamkar h/f Kandekar for defendant is present. He seeks time for tendering N/M reply.  O granted.
    Matter is adjd. for N/M reply to 19/03/2020.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 19-03-2020
    
    Date: 19-03-2020
    
    Date: 23-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 05-11-2020
    
    Date: 05-11-2020
    Business: Due to lockdown because of Covid-19, board is discharged and as per SOP only urgent matters are taken up.
    Matter is adjd. to  14.01.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 14-01-2021
    
    Date: 14-01-2021
    
    Date: 24-03-2021
    
    Date: 19-05-2021
    Business: Matter pertains to C.R.No.12.
    Adv. Jamkhande for the plff.present. He has filed an application. t.o.r. marked as Exh.2.
    Ad-interim relief if any to continue till next date.
    Matter adjd.to 24/06/2021 for reply to N/m
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 24-06-2021
    
    Date: 24-06-2021
    
    Date: 19-07-2021
    
    Date: 20-09-2021
    Business: Adv. Mr. Jamkhandi for the plaintiff present.
    None for defendants.
    Advocate for the plaintiff filed application for extension ad-interim
    relief. O- Other side to say.
    Say not filed by defendants.
    Earlier order if any, is continued till next date.
    Defendants have failed to file WS. Hence, the suit to proceed without WS against defendants.
    Matter is adjd. to 03/12/2021 for No WS hearing.
    Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
    Next Hearing Date: 03-12-2021
    
    Date: 03-12-2021
    Business: Adv Mr.Jamkhandi present for the plaintiff.
    Adv Pathak H/f Adv Kandekar present for the MHADA.
    Earlier order if any to continue till next date.
    Matter is adjd. to 20.01.2022 to hearing without WS.
    Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
    Next Hearing Date: 20-01-2022
    
    Date: 20-01-2022
    Business: Adv.Jamkhandi for plaintiff is present.
    None for defendant.
    Earlier order if any to continue till next date.
    Matter is adjd. to 08.03.2022 for Without WS.
    Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
    Next Hearing Date: 08-03-2022
    
    Date: 08-03-2022
    Business: Adv. Jamkhandi present for plaintiff.
    Adv. Pathak hf. Adv. Kandekar present for defendant/MHADA and sought adjournment for nm hrg.
    Heard arguments of plaintiff on nm no. 4082/19.
    Earlier order, if any, to continue till next date.
    Matter adjourned for nm arguments of def. To 25/03/22.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 25-03-2022
    
    Date: 25-03-2022
    
    Date: 28-06-2022
    Business: Advocate Jamkhandi present for plaintiff and sought adjournment.
    Advocate Pathak h/f Advocate Kandekar present for defendants /MHADA and sought adjournment.
    Earlier order, if any, to continue till next date.
    Matter adjourned for NM Hearing to 27.07.2022.
    Next Purpose: HEARING
    Next Hearing Date: 27-07-2022
    
    Date: 27-07-2022
    Business: Adv. Kulkarni hf adv. jamkhandi present for plaintiff and sought adjournment.
    None present for defendants.
    Earlier order, if any, to continue till next date.
    Matter adjourned for arguments to 18/08/22.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 18-08-2022
    
    Date: 18-08-2022
    Business: Adv.Jamkhandi for plaintiff present.
    None present for defendant.
    Earlier order, if any, to continue till next date.
    As per request of adv for plaintiff,matter adjourned for N/M Hearing to 22.09.2022 .
    Next Purpose: HEARING
    Next Hearing Date: 22-09-2022
    
    Date: 22-09-2022
    
    Date: 19-10-2022
    
    Date: 01-12-2022
    Business: None present for plaintiff.
    None present for defendants.
    As plaintiff and his adv are absent.
    Earlier order, if any, to continue till next date.
    Matter adjourned for Notice of Motion dismissal order to 17.12.2022.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 17-12-2022
    
    Date: 17-12-2022
    Business: Adv. R. A. Yadav hf adv. Jamkhandi present for plaintiff.
    Adv. Pathak hf adv. Kandekar present for defendant/MHADA and sought adjournment.
    Earlier order, if any, to continue till next date.
    Matter adjourned for nm hearing to 27/01/23.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-01-2023
    
    Date: 27-01-2023
    Business: Adv. Shejal Nag hf adv. jamkhandi present for plaintiff and sought adjournment.
    Adv. Harshita Darji hf adv. kandekar present for defendant/MHADA.
    Earlier order, if any, to continue till next date.
    As court is busy in dictating order on nm  in group matter i.e. suit no. 901/20, 902/20, 961/20, 962/20, 963/20 and 1030/20. Hence,
    Matter adjourned for nm hearing of defendant to 14-02-23.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-02-2023
    
    Date: 14-02-2023
    
    Date: 17-03-2023
    
    Date: 11-04-2023
    Business: Adv. Shejal Nag present for plaintiff and undertake to file vp on next date and sought adjournment.
    None present for defendant.
    Plaintiff to remain present on the next date.
    None present for other defendants.
    Earlier order, if any, to continue till next date.
    Matter adjourned for nm hearing to 03/05/23.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-05-2023
    
    Date: 03-05-2023
    Business: P. O. is on leave
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-07-2023
    
    Date: 19-07-2023
    Business: Adv. Shejal Nag present for plaintiff.
    Adv. Janhavi Kandekar present for defendant/MHADA.
    Earlier order, if any, to continue till next date.
    Matter adjourned for NM Hearing to 23.08.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-08-2023
    
    Date: 23-08-2023
    Business: Adv. Shejal Nag h/f. Adv. Jamkhandi present for plaintiff.
    Adv.Harshida Darji h/f. Adv. Kandekar present for defendant/MHADA.
    Record shows that plaintiffs counsel are seeking repeated adjournments since 2019 and ad-interim relief is extended on every date. This shows the plaintiff abusing procees of law. Therefore interim relief shall not be extended.
    Matter adjourned for NM Hearing to 18.10.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-10-2023
    
    Date: 18-10-2023
    Business: None present for plaintiff.
    Adv. Janhavi Kandekar h/f. Adv. Kandekar present for defendant/MHADA.
         Notice of Motion No. 4082/2019 is pending since last four years. Plaintiff is absent he is not taking steps to proceed with Notice of Motion No. 4082/2019.  Therefore, it appears plaintiff is not interested in proceeding with Notioce of Motion No. 4082/2019. Hence, I passed following order.
    ORDER
    1) Notion of Motion No. 4082/2019 is dismissed in default.
    Matter adjourned for Recording evidence without written statement to 12.12.2023.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 12-12-2023
    
    Date: 12-12-2023
    Business: As court is on leave. Board is discharged. Matter is adjourned.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 05-02-2024
    
    Date: 05-02-2024
    Business: None present for plaintiff.
    None present for defendants.
    Matter adjourned for Recording evidence without written statement to 10.04.2024.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 10-04-2024
    
    Date: 10-04-2024
    Business: As Court is on leave. Board is discharged. Matter is adjourned.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 09-07-2024
    
    Date: 09-07-2024
    Business: None present for plaintiff.
    Adv. Shweta Yadav h/f Adv. Kandekar present for defendant/MHADA
    Matter adjourned for Recording evidence without written statement to 20.07.2024.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 20-07-2024
    
    Date: 20-07-2024
    Business: Exh.1- Plaint.
    Exh.2- Vakalatnama.
    Exh.3-Address Memo.
    Exh.4- List of documents.
    Adv. Sejal Nag h/f. Adv. Ashish Phalke present for plaintiff.  She tendered adjournment application. Taken on record and marked as Exh.5. O-Adjournment is granted as last chance.
    Adv. Harshida Darji h/f Adv. Kandekar present for defendant/MHADA.
    Matter adjourned for Recording evidence without written statement to 30.08.2024.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 30-08-2024
    
    Date: 30-08-2024
    Business: None present for plaintiff.
    Adv. Shweta Yadav h/f Adv. Kandekar present for defendant/MHADA.
    Matter adjourned for Recording evidence without written statement to 05.11.2024.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 05-11-2024
    
    Date: 05-11-2024
    Business: None present for plaintiff.
    Adv. Harshida Darji h/f Adv. Kandekar present for defendant/MHADA.
    Matter adjourned for Recording evidence without written statement to 10.02.2025.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 10-02-2025
    
    Date: 10-02-2025
    Business: None for plaintiff.
    None for defendants.
    Matter adjourned for Recording evidence without written statement to 21.04.2025.
    Later on at 12.02 p.m.
    Adv. Harshida Darji h/f. Adv. Kandekar for defendant/MHADA present.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 21-04-2025
    
    Date: 21-04-2025
    Business: None for plaintiff.
    None for defendants.
    Matter adjourned for Recording evidence without written statement to 17.07.2025.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 17-07-2025
    
    Date: 17-07-2025
    Business: None for plaintiff.
    Adv. Devyani Pawar h/f. Adv. Kandekar for defendant/MHADA present.
    Despite sufficient opportunity, plaintiff did not lead oral evidence. Plaintiff is absent since 30.08.2024. From the roznama it is seen that, plaintiff is not interested to proceed with the matter. Hence, suit stands dismissed for default.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 17-07-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 111563/2019
    Filing Date: 20-10-2019
    First Hearing Date: 07th November 2019
    Decision Date: 17th July 2025
    Court Number And Judge: 8-COURT 08 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    17 Jul 2025
    Order Details: Other
    Pdf Text: Sr. No.12
    17.07.2025
    Coram: H.H.J. Shri. R.R. PATARE, City Civil Court, Mumbai.(C.R.08)
    Suit No.
    2841/2019
    None for plaintiff.
    Adv. Devyani Pawar h/f. Adv. Kandekar for defendant/MHADA
    present.
    Despite sufficient opportunity, plaintiff did not lead oral evidence.
    Plaintiff is absent since 30.08.2024. From the roznama it is seen
    that, plaintiff is not interested to proceed with the matter. Hence,
    suit stands dismissed for default.
    Judge
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