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SUIT - SHORT CAUSE CIVIL SUIT

Mr. Vijay Jayram MalwadVsMrs. Ramani Vijay Malwad +1 more

CNR MHCC0101138020193-COURT 03 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 30th July 2026

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
103056/2019
Registration Date
19 Nov 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 02-12-2019
    Business: By praecipe matter is taken on today\''s board.
    Adv. Seema Singh for plaintiff present and filed draft NM along with affidavit.
    Defendant no. 1 and 2 present in person and submitted that they want to engage advocate and want to file reply to NM. Defendant no. 1 and 2 sought time.
    Ld. counsel for plaintiff prayed for interim protection to the plaintiff on the ground that the defendants have threatened the plaintiff to be ousted from suit premises and plaintiff has lodged police complaint in this regard on 16.10.2019. It is submitted that plaintiff is husband of defendant no. 1 while defendant2 is his brother in law. Suit premises belong to the plaintiff but, the plaintiff has purchased the same in the name of defendant no. 1 as per her suggestion by selling his flat by Nalasopara. Under the above circumstances , it is submitted that till defendants file their reply, they be directed to maintain status quo.
    I have perused the plaint, motion supported by affidavit and considered
    the documents filed on record. In view of the submissions made before the court and the apprehension of the Ld. counsel for plaintiff, I am of the view that it will be just and proper the parties maintain status quo till motions is decided on merits.
    In view of the above, the defendant no. 1 and 2 are directed to maintain status quo regarding possession of suit premises as on today till next date.
    Time granted to defendant no. 1 and 2 for engaging counsel and for filing reply.
    Matter already adjn to 10.12.2020.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 10-12-2019
    
    Date: 10-12-2019
    Business: None present for plaintiff.
    Defendant present.
    Adv. Poonam Tiwari for defendant present and filed VP.
    Vakalatnama filed on behalf of defendant.
    Court is busy in dictating order in st. no. 2036/19 and 12457/19. and suit no. 1337/19.
    Matter stands Adj for directions to 04.01.2020.
    Later on.
    Plaintiff present.
    Adv. Seema Singh for plaintiff present.
    Earlier order, if any, to continue till next date.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 04-01-2020
    
    Date: 04-01-2020
    Business: (Matter pertains to CR No. 03)
    Adv. Seema Singh for plaintiff present.
    None present for defendant.
    Earlier order, if any, to continue till next date.
    Matter stands Adj for Directions to 04.02.2020.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 04-02-2020
    
    Date: 04-02-2020
    Business: Court is busy in dictating order in suit no. 380/18 and in 725/18.
    Hence, board is discharged.
    Earlier order, if any, to continue till next date.
    Matter stands Adj for directions to 16.03.2020.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 16-03-2020
    
    Date: 16-03-2020
    Business: None present for plaintiff and defendant.
    Earlier order to continue till next date.
    Matter stands Adj for directions to 20.06.2020.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 20-06-2020
    
    Date: 20-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: DIRECTIONS
    Next Hearing Date: 28-08-2020
    
    Date: 28-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: DIRECTIONS
    Next Hearing Date: 05-11-2020
    
    Date: 05-11-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: DIRECTIONS
    Next Hearing Date: 07-01-2021
    
    Date: 07-01-2021
    Business: Advocate Ms.Seema Singh for Plaintiff present and sought leave to register the NM.
    None for defendant.
    Perusal of roznama dated 02.12.2019 reveals that though my Predecessor has granted interim relief, leave has not granted to register NM. Hence, leave is granted to register NM.  Plaintiff shall get the NM registered before next date.
    Earlier order is to be continued till next date.
    The case is adjourned to 12.02.2021 for NM reply.
    Next Purpose: REPLY
    Next Hearing Date: 12-02-2021
    
    Date: 12-02-2021
    Business: Advocate Ms. Seema Singh for plaintiff present and tendered registered Notice of Motion No. 403/21 along with affidavit in support of Notice of Motion. T.O.R.
    Advocate Tariq Choudhary for defendants present and seeks time to file reply. Time is granted.
    Earlier order is to be continued till next date.
    The case is adjourned to 23.03.2021 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 23-03-2021
    
    Date: 23-03-2021
    Business: Advocate Ms. Seema Singh for plaintiff present.
    Advocate Jafri h/f adv. Jafri  for defendants present and filed written statement. TOR and marked as Exh. 3.
    He filed pursis treating written statement  as reply to NM. TOR. Marked as Exh. 4
    Earlier order is continued till next date.
    The case is adjourned to 11.06.2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-06-2021
    
    Date: 11-06-2021
    Business: In view of office order No. 100/2021 dtd. 04.06.2021  of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dtd. 16.04.2021 issued by Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases and the views of stakeholders, the matter is adjourned owing to absence of the parties.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-08-2021
    
    Date: 06-08-2021
    Business: Dt. 06.08.2021
    SU – 3056/19
    CORAM : H.H.J SHRI. S. T. SOOR (C.R.NO.2)
    In charge of C. R. No. 3
    Adv. Shraddha Singh h/f Adv. Seema Singh for plaintiff present.
    None for defendant.
    Earlier order if any, continue till next date.
    Adjd to 11.10.2021 for NM hearing.
                                                                                       Judge
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-10-2021
    
    Date: 11-10-2021
    Business: Adv. Seema Singh for plaintiff present.
    Adv. Tariq Chaudhary I/b Noman Jafri for defendant present.
    Earlier order if any, to continue.
    By consent, matter stands adjourned to 01.12.2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-12-2021
    
    Date: 01-12-2021
    Business: Matter called out at 3.31 p.m.
    Adv. Shraddha Singh h/f Adv. Seema Singh for plaintiff present.  She is seeking time. Time granted.
    Adv. Noman Jafri for defendant present.
    Earlier order if any, to continue.
    Matter stands adjourned to 09.02.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-02-2022
    
    Date: 09-02-2022
    Business: Matter called out at 3.08 p.m.
    Adv. Seema Singh for plaintiff present.
    Defendant in person present.
    Earlier order if any, to continue.
    Matter stands adjourned to 30.03.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-03-2022
    
    Date: 30-03-2022
    Business: Matter called out at 3.20 p.m.
    Plaintiff in person present.
    Adv. Jafri h/f Noman Jafri for defendant present.
    Matter stands adjourned to 30.06.2022 for NM hearing.
    Later on at 4.32 p.m.
    Adv. Shraddha Singh h/f Adv. Seema Singh for plaintiff present.
    Earlier order if any, to continue.
    Already adjourned to 30.06.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-06-2022
    
    Date: 30-06-2022
    Business: CORAM :- H.H.J. SHRI K.P. KSHIRSAGAR (COURT ROOM. 08)
    Matter pertains to C.R. No.03.
    Adv. Shraddha Singh h/f Adv. Seema Singh for plaintiff present.
    Adv. Moomon h/f Adv. Jafari for defendant present.
    Earlier order is continued till next date.
    Matter adj to 18.08.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-08-2022
    
    Date: 18-08-2022
    Business: Adv. Seema Singh for plaintiff present.
    Adv. Mooman for defendant present. She is seeking time. Time granted.
    Earlier order if any, to continue.
    Matter stands adjourned to 09.11.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-11-2022
    
    Date: 09-11-2022
    Business: Adv. Shraddha Singh h/f Adv. Seema Singh for plaintiff present.  She is seeking time. Time granted.
    Adv. Mooman h/f Adv. Jafri for defendant present.
    Earlier order if any, to continue.
    Matter stands adjourned to 16.01.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-01-2023
    
    Date: 16-01-2023
    Business: Court is on Leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-03-2023
    
    Date: 15-03-2023
    Business: None present for plaintiff.
    Defendant No.1 a/w Adv. Noman Jafri present.
    Plaintiff absent.
    Put up for dismissal of NM.
    Matter stands adjourned on 19.06.2023 for NM dismissal.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 19-06-2023
    
    Date: 19-06-2023
    Business: As Court is on leave.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 22-08-2023
    
    Date: 22-08-2023
    Business: As Court is on leave, matter adjourned.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 18-10-2023
    
    Date: 18-10-2023
    Business: None present for Plaintiff.
    Adv present a/w Defendant no.1.
    Plaintiff absent and failed to press NM since 11.10.2021, hence the earlier order dtd. 02.12.2019 is vacated and NM is posted for dismissal.
    Matter stands adjourned on 18-12-2023 for NM dismissal.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 18-12-2023
    
    Date: 18-12-2023
    Business: None present for Plaintiff.
    Advocate Nayna Orak i/b Noman Jafri present a/w Defendant no.1.
    Order - Plaintiff failed to press NM 403/2021 since 06.08.2021. Hence NM 403/2021 is dismissed for want of prosecution. Notice of Motion No. 403/2021 is disposed off.
    Matter stands adjourned on 18-03-2024 for framing issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 18-03-2024
    
    Date: 18-03-2024
    Business: None for Plaintiff present.
    Adv. Naina Orak i/b Noman Jafri for defendant no. 1 present.
    Matter stands adjourned on 25-04-2024 for framing issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 25-04-2024
    
    Date: 25-04-2024
    Business: P.O. is on leave
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 01-07-2024
    
    Date: 01-07-2024
    Business: None for Plaintiff present.
    Adv. Nayna Orak i/b Adv. Noman Jafri for defendant no.1 present.
    Matter stands adjourned on 03-09-2024 for framing issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 03-09-2024
    
    Date: 03-09-2024
    Business: None for Plaintiff present.
    None for defendant present.
    Matter stands adjourned on 08-11-2024 for framing issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 08-11-2024
    
    Date: 08-11-2024
    Business: None for Plaintiff present.
    None for defendant present.
    Matter stands adjourned on 29-01-2025 for framing issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 29-01-2025
    
    Date: 29-01-2025
    Business: CORAM - H.H.J. SMT. A. B. SHARMA (CR. 03)
    None for Plaintiff present.
    None for defendant present.
    Matter stands adjourned on 19-04-2025 for framing issue.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 19-04-2025
    
    Date: 19-04-2025
    Business: CORAM - H.H.J. SMT. A. B. SHARMA (CR. 03)
    None for Plaintiff present.
    None for defendant present.
    Matter stands adjourned on 19-07-2025 for framing issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 19-07-2025
    
    Date: 19-07-2025
    Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
    None present.
    Matter stands adjourned to 13-09-2025 for Lok-adalat.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 13-09-2025
    
    Date: 13-09-2025
    Business: Matter pertaining to C.R. No.03
    None present for plaintiff.
    None present  for defendant.
    In the absence of parties matter can not be settled.
    Matter is adjd to 04.11.2025.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 04-11-2025
    
    Date: 04-11-2025
    Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
    None present.
    Matter kept in Lok-adalat. Issue notice to both parties to appear in Lok-adalat.
    Matter stands adjourned for Lok-adalat to 13-12-2025.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 13-12-2025
    
    Date: 13-12-2025
    Business: None present for plaintiff.
    None present for defendant.
    Matter is adjd to 15.01.2026 for Settlement.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 15-01-2026
    
    Date: 15-01-2026
    Business: Government has declared holiday on 15.01.2026 due to election of Municipal Corporation. Hence board is discharged and adjourned.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 09-02-2026
    
    Date: 09-02-2026
    Business: CORAM - H.H.J. SHRI S.M. BUKKE (CR. 03)
    NOB-TOB.
    O - Issue Notice to both parties. Matter kept in Lok-adalat.
    Matter stands adjourned on 14.03.2026 for  Lok-adalat.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 14-03-2026
    
    Date: 14-03-2026
    Business: Matter pertaining to C.R. No.03
    None present for the plaintiff.
    None present for defendant.
    Matter not settled.
    Matter adjourned to 09.04.2026.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 09-04-2026
    
    Date: 09-04-2026
    Business: CORAM - H.H.J. SHRI. S. M. BUKKE (CR. 03)
    None present. Matter referred to Lok-adalat.
    O - Issue notice to all parties on Court Motion.
    Matter stands adjourned for Lok-adalat to 09-05-2026.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 09-05-2026
    
    Date: 09-05-2026
    Business: NATIONAL LOK-ADALAT HELD ON 09.05.2026 (Panel No.2)
    Matter pertaining to C.R. No.03.
    None present for Plaintiff.
    None present for Defendant.
    Matter is adjourned to 17.06.2026.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 17-06-2026
    
    Date: 17-06-2026
    Business: CORAM - H.H.J. SHRI. S. M. BUKKE (CR. 03)
    None present.
    Plaintiff is absent since 15.03.2023. No steps taken since last more than three years. On many dates notice issued on Court Motion. Plaintiff and his advocate frequently remained absent. Matter be fixed for dismissal order. Inform concerned accordingly.
    O - Issue notice on Court Motion.
    Matter stands adjourned for dismissal order to 30-07-2026.
    Next Purpose: DISMISSAL
    Next Hearing Date: 30-07-2026
    
    Date: 30-07-2026
    Business: CORAM - H.H.J. SHRI. S. M. BUKKE (CR. 03)
    None present.
    When called repeatedly neither plaintiff nor his advocate present till 11.30 AM.
    The suit is instituted on 07.11.2019. The Plaintiff and his advocate was remained absent since 15.03.2023. Therefore on 15.03.2023  suit was fixed for dismissal order. Subsequently the advocate for plaintiff as well as plaintiff continuously remained absent.  However, the plaintiff has not taken any steps since 11.10.2021. After 7 years the suit is pending for steps by plaintiff. It is pending since last more than 7 years. There is no progress in suit, no purpose will serve by keeping the matter pending without any progress. The conduct of plaintiff shows that he lost interest in the litigation. The plaintiff is not interested in prosecuting the suit. As a abundant precaution the Court has issued notice dtd.20.06.2026 vide Exh.5. The report of bailiff shows that the plaintiff was not available at address mentioned in plaint.  Hence the Suit  No. 3056 of 2019 is dismissed for want of prosecution and necessary steps. No order as to costs. Notice of Motion, Chamber Summons if any, disposed of as infructuous.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 30-07-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 112099/2019
    Filing Date: 07-11-2019
    First Hearing Date: 02nd December 2019
    Decision Date: 30th July 2026
    Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    30 Jul 2026

    Order Details: Other Pdf Text: SU No. 3056/2019 - 1 - MHCC010113802019 Presented on : 07-11-2019 Registered on : 19-11-2019 Decided on : 30-07-2026 Duration : 6 y, 8 m, 23 d IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY SUIT NO. 3056/2019 CNR No. MHCC010113802019 Mr. Vijay Jayram Malwad .. Plaintiff Vs. Mrs. Ramani Vijay Malwad .. Defendants Appearances :- Adv. none present for plaintiff Adv. none present for defendant CORAM: HIS HONOUR JUDGE S.M. BUKKE COURT ROOM…

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