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SUIT - SHORT CAUSE CIVIL SUIT

Shri Satyanarayan Beniprasad ChaurasiaVsM/s. Rubberwala Realty +4 more

CNR MHCC0101086720189-COURT 09 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 20th January 2024

TrustJury record updated 15 Sept 2026

Case Overview

Registration Number
102420/2018
Registration Date
07 Sept 2018

Advocates

4

Parties

6

Acts & Sections

1
Hindu Marriage Act · Sec 34 and 38

Case History / Proceedings

Case History
Date: 02-11-2018
Business: None present for Plaintiff.
Order Issue Writ of Summons upon Defendants.
Matter adj. to 22/01/2019 for Writ of Summons
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 22-01-2019

Date: 22-01-2019
Business: Adv. Saurabh Nikalje h/f Adv. Chourasia for plaintiff present and seeks time to effect service of Writ of summons on the defendants. O- Time extended.
Adjd. to 23.04.2019 for service of writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 23-04-2019

Date: 23-04-2019
Business: Matter is wrongly shown on on todays board.
It is already kept on 03.05.2019.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 03-05-2019

Date: 03-05-2019
Business: Adv. Neha Pande for plaintiff present.
Adv. Mithilesh Mishra for defendant present.
As court is busy in other urgent matters, board is discharged and by consent this suit is adjourned at same stage to 07.06.2019.
LO
Adv. Chourasia for plaintiff present and requested to direct that last chance is granted to the defendants to file reply to the NM.  Since date is given earlier by consent of the advocates appearing for the parties, any order cannot be passed as is requested by Learned advocate for plaintiff hence, his oral prayer is rejected.
Matter is already adjourned to 07.06.2019.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 07-06-2019

Date: 07-06-2019
Business: Adv. Mr. Shriwastav h/f Sarogi for the Plaintiff present.
Adv. Suryawanshi for MMC/Defendant No. 4 present
Adv. Mr. Hardik Desai for Defendant no 1 to 3 present.
Reply to N/M tendered by Defendant nos. 1 to 3. t.o.r.
Adv for Defendant no. 4 has submitted that no relief has been sought against Defendant no. 4 in the motion.
Draft N/M alongwith affidavit in support taken out by the Defendant nos. 1 to 3. t.o.r. Leave granted to register.
The Plaintiff has not tendered registered N/M.
Matter is adjd. to 5.08.2019 for Affidavit of service of defendant no. 5/ compliance by the Plaintiff in respect of registration of N/M or for order/ N/M hearing/ reply to N/M of Defendant nos. 1 to 3 by the Plaintiff.
Next Purpose: REPLY
Next Hearing Date: 05-08-2019

Date: 05-08-2019
Business: Adv. Shahajahan for the Plaintiff present.
Adv. Mangal Kadam for MHADA/Defendant present.
As Court is busy in dictating orders in other matters on board. Hence, board is discharged.
Matter is adjd. to 3.09.2019.
Next Purpose: REPLY
Next Hearing Date: 03-09-2019

Date: 03-09-2019
Business: Adv Mr. Chaurasiya  for the Plaintiff present.
Adv. Aviraj Sharma for Defendant nos. 1 to 3 present.
Adv. Ms. Chandramore for BMC/Defendant no. 4  present.
Adv. Satamkar h/f Mangal Kadam for Defendant no. 5 present.
Original registered N/M No. 2176/19 alongwith affidavit in support tendered by Defendant nos. 1 to 3. t.o.r.
Matter is adjd. to reply to N/M by the plffs/ reply to N/M by the defts/ rejoinder to reply, if any by the Plaintiff to N/M no. 1300/19
Next Purpose: REPLY
Next Hearing Date: 11-10-2019

Date: 11-10-2019
Next Purpose: REPLY
Next Hearing Date: 13-02-2020

Date: 13-02-2020
Business: Adv. Ram Nakti for plaintiff is present. He seeks time for reply on N/M no. 2176/2019.  O Granted as a last chance.
Adv. Preet Chavda for defendant no. 1 to 3 is present.
Earlier roznama dt. 13/01/2020 is pending. Interpreter is directed to paste the roznama.
Matter is adjd. for N/M reply to  20/03/2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-03-2020

Date: 20-03-2020
Business: Due to direction to combat Corona Virus, board is discharged, as
only urgent matters are taken up.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-08-2020

Date: 05-08-2020
Business: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-09-2020

Date: 29-09-2020
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: 20-01-2021

Date: 20-01-2021
Business: None for plaintiff.
Adv. Panchal for the  defendants no.1 to 3
Adv Chandramore for the defendant no.4
Matter is adjd. to 12/03/2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-03-2021

Date: 12-03-2021
Business: Adv. Ravindra Singh for the plaintiff.
Adv. Ashi for the defendants No.1 and 2.
Adv. Chandramore for the defendant No.4.
Adv. Mangal Kadam for defendant No.5.
Last chance is granted for filing reply.
Matter is adjd. to 06/04/2021 for filing 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 23.06.2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-06-2021

Date: 23-06-2021
Business: due to covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-08-2021

Date: 09-08-2021
Business: Adv. Mr. Ravindra Singh for the plaintiff present.
Adv. Mr. Aditya Khare h/f Adv. P. D. Gnadhi for defendant No.1 present.
Adv. Kadam  for the defendant No.5 present.
Matter is adj. to 20/08/2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-08-2021

Date: 20-08-2021
Business: court is on leave
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-10-2021

Date: 18-10-2021
Business: As  per Office Order No.213 of 2021. Holiday is declared today.
Matter is adjd. to 27/11/2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-11-2021

Date: 27-11-2021
Business: As Court is busy in hearing argument in NM 2890/21 in SU 2173/21 and other matter on board. Hence, board is discharged.
Matter is adjd. to 21.01.2022 for NM reply/ rejoinder.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-01-2022

Date: 21-01-2022
Business: Due to SOP only urgent matters are taken up.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-03-2022

Date: 30-03-2022
Business: Adv. Maz for defendant no. 1 to 3
Adv. Chandramore for BMC/Defendant no. 4
Adv.Mangal Kadam for defendant/MHADA present.
None for plaintiff
BY consent Matter is adjd. to 29-04-2022 N/m reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-04-2022

Date: 29-04-2022
Business: None present for plaintiff.
Adv. Hardik Desai for defendant nos. 1 to 3 present.
Adv. Chandramore for BMC present.
Adv.Mangal Kadam for defendant/MHADA present.
Matter is adjd. to 22-07-2022 for reply.
Next Purpose: REPLY
Next Hearing Date: 22-07-2022

Date: 29-04-2022
Business: None present for plaintiff.
Adv. Hardik Desai for defendant nos. 1 to 3 present.
Adv. Chandramore for BMC present.
Adv.Mangal Kadam for defendant/MHADA present.
Matter is adjd. to 22-07-2022 for reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-07-2022

Date: 29-04-2022
Business: None present for plaintiff.
Adv. Hardik Desai for defendant nos. 1 to 3 present.
Adv. Chandramore for BMC present.
Adv.Mangal Kadam for defendant/MHADA present.
Matter is adjd. to 22-07-2022 for reply.
Next Purpose: REPLY
Next Hearing Date: 22-07-2022

Date: 22-07-2022
Business: dv. for plaintiff absent.
Adv.Mangal Kadam for defendant 5/MHADA present.
Adv. Hardik Desai for defendant no.1 present.
Adv.Chandramore for defendant 4/BMC present.
Deft.no. 4 and 5 not going to file reply, Hence no reply order passed against them.
Matter is adjd. to 12.08.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-08-2022

Date: 22-07-2022
Business: dv. for plaintiff absent.
Adv.Mangal Kadam for defendant 5/MHADA present.
Adv. Hardik Desai for defendant no.1 present.
Adv.Chandramore for defendant 4/BMC present.
Deft.no. 4 and 5 not going to file reply, Hence no reply order passed against them.
Matter is adjd. to 12.08.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-08-2022

Date: 22-07-2022
Business: dv. for plaintiff absent.
Adv.Mangal Kadam for defendant 5/MHADA present.
Adv. Hardik Desai for defendant no.1 present.
Adv.Chandramore for defendant 4/BMC present.
Deft.no. 4 and 5 not going to file reply, Hence no reply order passed against them.
Matter is adjd. to 12.08.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-08-2022

Date: 12-08-2022
Business: None present for plaintiff
Adv. Aditya Khare for defendant 1,2,3
Adv.Chandramore for defendant no.4/BMC present.
Adv.Mangal Kadam for defendant no.5/MHADA present.
Matter is adjd. to 03.10.2022 for NM for hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-10-2022

Date: 12-08-2022
Business: None present for plaintiff
Adv. Aditya Khare for defendant 1,2,3
Adv.Chandramore for defendant no.4/BMC present.
Adv.Mangal Kadam for defendant no.5/MHADA present.
Matter is adjd. to 03.10.2022 for NM for hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-10-2022

Date: 12-08-2022
Business: None present for plaintiff
Adv. Aditya Khare for defendant 1,2,3
Adv.Chandramore for defendant no.4/BMC present.
Adv.Mangal Kadam for defendant no.5/MHADA present.
Matter is adjd. to 03.10.2022 for NM for hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-10-2022

Date: 03-10-2022
Business: None present for plaintiff.
Adv.Maaz for defendant nos.1 to 3 is present.
Adv.Chandramore for defendant no.4/BMC present.
Adv.Mangal Kadam for defendant No.5/MHADA present.
Perusing record, it appears that Notice of Motion No. 1300 of 2019 was pending for hearing on dtd.22.07.2022. Sufficient opportunity has been given to plaintiff, but remained absent for hearing of NM. Ld. advocate for defendant nos. 1 to 3 submitted that connected matters are pending in the Court Room No.8.  In those matters, the plaintiff absent. Hence, dismissed the NM. It appears that plaintiff does not want to proceed with this NM. Hence, NM No. 1300/19 is hereby dismissed for want of prosecution.
Matter is adjd. to 14.11.2022 for WS and NM 2176 of 2019 reply.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 14-11-2022

Date: 14-11-2022
Business: None present for plaintiff.
Adv. Maaz for defendant no.1, 2 and 3 present.
Adv. Hazare h/f Adv. Chandramore for deft.no. 4/BMC present.
Adv. Mangal Kadam for defendant no.5/MHADA present.
No reply filed by plaintiff hence, no reply order is passed against him.
Matter is adjd. to 21.12.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-12-2022

Date: 21-12-2022
Business: Court is on leave for 2nd Session.
Hence, Board is discharged.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-02-2023

Date: 08-02-2023
Business: As Court is busy in passing order in St. Suit Nos. 8432/2017, 3790/19 and 4244/21 and hearing other urgent matters on board. Hence, Matter is adjourned to 28.03.2023 for Notice of Motion hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-03-2023

Date: 28-03-2023
Business: None for plaintiff.
Adv. Yashvi Panchal for defendant Nos. 1 to 3 present.
Adv. Mangal Kadam for defendant/MHADA present.
Adv. Khandagale for Defendant/BMC present.
Matter is adjourned to 28.06.2023 for Notice of Motion hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-06-2023

Date: 28-06-2023
Business: None present for the plaintiff.
Adv. Mr. Priyank Chudasama h/f Adv. Hardik Desai for defendant Nos. 1 to 3 is present.
Adv. Ms. Chandramore for defendant No.4/BMC is present.
Adv. Ms. Mangal Kadam for defendant No.5/MHADA is present.
Adv. for defendant No. 4 filed reply in NM No. 2176/2019. Copy is supplied to the other side.
Adjourned for NM hearing to 06.09.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-09-2023

Date: 06-09-2023
Business: None for the plaintiff.
Adv.Mrs. Chandramore for defendant no. 4/BMC is present.
Adv. Ms. Mangal Kadam for defendant No.5/MHADA is present.
Matter is adjourned to 22-11-2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-11-2023

Date: 22-11-2023
Business: None present for the plaintiff.
Adv. Mr. Ganesh Verma for defendant Nos. 1 to 3 is present.
Adv. Ms. Chandramore for defendant No. 4/BMC is present.
Adv. Ms. Mangal Kadam for defendant No. 5/MHADA is present.
It is submitted on behalf of advocate for defendants that since long back plaintiff is not appearing and proceeding with the matter. Hence, his NM No. 1300/2019 was dismissed for want of prosecution. Thereafter, also plaintiff and his advocate are absent. Hence, matter be kept for dismissal Order. Perusal of roznama fortifies their contention. It appears that plaintiff is not appearing and proceeding with the matter. Hence, suit is kept for order of dismissal.
Matter is adjourned to 20.01.2024 for dismissal Order.
Next Purpose: DISMISSAL
Next Hearing Date: 20-01-2024

Date: 20-01-2024
Business: None for the plaintiff.
Adv. Mr.Tejas Shah h/f Adv. Hardik Desai for defendant no.1 and 2 is present.
Adv. Ms. Mangal Kadam for defendantno.5/MHADA is present.
Order below Exh-1
     It is submitted by advocate for plaintiff that plaintiff is not appearing in the matter. Hence, necessary order be passed. It appears from roznama that plaintiff is not appearing since many dates. It appears that plaintiff is not interested to proceed with the matter. Hence, suit stands dismissed for want of prosecution.
Pending NM No. 2176 of 2019 also stands dismissed  for want of prosecution.
Nature Of Disposal: DISMISSED
Disposal Date: 20-01-2024

Additional Case Details

Additional Case Details
Filing Number: 111826/2018
Filing Date: 28-08-2018
First Hearing Date: 02nd November 2018
Decision Date: 20th January 2024
Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE

Orders

2
Final Order 1
20 Jan 2024
Order Details: Other
Order 1
20 Jan 2024
Order Details: Other

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