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SUIT - SHORT CAUSE CIVIL SUIT

Prateek Manikchand OswalVsThe Ward Officer

CNR MHCC0101179620194-COURT 04 AD-HOC JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 08th May 2024

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
103294/2019
Registration Date
09 Dec 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Petitioner

    1. 1Prateek Manikchand Oswal

    Respondent

    1. 1The Ward Officer

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 13-02-2020
Business: None for plaintiff.
Matter adjd to 10.06.2020   for Direction.
L.O.
Adv.Vishal Jaju  for plaintiff present.
Matter adjd to 08.06.2020 for Direction.
Next Purpose: DIRECTIONS
Next Hearing Date: 08-06-2020

Date: 08-06-2020
Business: due to national lockdown
Next Purpose: DIRECTIONS
Next Hearing Date: 06-07-2020

Date: 06-07-2020
Business: Adjd to
Next Purpose: DIRECTIONS
Next Hearing Date: 04-11-2020

Date: 04-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DIRECTIONS
Next Hearing Date: 11-01-2021

Date: 11-01-2021
Business: Adv. Vishal V. Jaju for plaintiff present.
Matter adjd to 24/02/2021 for Directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 24-02-2021

Date: 24-02-2021
Business: Adv. Vishal V. Jaju for plaintiff present and requests for time to serve the writ of summons upon deft. Time is granted till next date.
Matter adjd to 24/03/2021 for Service of Writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 24-03-2021

Date: 24-03-2021
Business: None for plaintiff.
Matter adjd to 21/06/2021 for Service of Writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 21-06-2021

Date: 21-06-2021
Business: Due to Covid-19 pandemic, matter is adjourned.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 30-08-2021

Date: 30-08-2021
Business: None for plaintiff.
Adjd. To 13/10/2021 for service of writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 13-10-2021

Date: 13-10-2021
Business: H.H.J. is on half day leave (Morning Session)
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 08-12-2021

Date: 08-12-2021
Business: None present for the plaintiff. Since long matter is pending for writ of summons. The plaintiff is not taking steps since long, it shows that the plaintiff is not interested to proceed with the suit. Hence, matter be kept for dismissal for want of prosecution.
Matter is adjd to 11.04.2022 for dismissal of suit.
Next Purpose: DISMISSAL
Next Hearing Date: 11-04-2022

Date: 11-04-2022
Business: Adv Saurabh Mandlik for plaintiff present and tendered application for adjournment and to file Vakalatnama on next date. Time is granted till next date. Said application is TOR and marked as Exh.2.
Adv Mrs Tondwalkar for defendant / MCGM is present.
Adjd. To 29/06/2022 for directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 29-06-2022

Date: 29-06-2022
Business: Adv. Saurabh Mandlik for plaintiff present and requested time to file Vakalatnama.
On oral request of Adv. for plaintiff, matter is adjourned till next date.
Adjd. to 14/09/2022 for directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 14-09-2022

Date: 14-09-2022
Business: Adv. Vishal Mandlik for plaintiff present and tendered V/P, TOR and marked as Exh.3.
Adv. for plaintiff requested time to serve the writ of summons upon defendants.
Adjd. to 09/11/2022 for service of writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 09-11-2022

Date: 09-11-2022
Business: Court is on half day (morning session) leave.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 19-12-2022

Date: 19-12-2022
Business: Court is on leave.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 03-03-2023

Date: 03-03-2023
Business: None for plaintiff.
Adjd. to 19/07/2023 for service of writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 19-07-2023

Date: 19-07-2023
Business: Dt:19.07.2023
SU  3294/19
CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
None present for plaintiff.
Advocate Suryavanshi for defendant/BMC present.
Adjd  to  25.10.2023  for service of writ of summons.
                                                                                Judge
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 25-10-2023

Date: 25-10-2023
Business: Advocate Saurabh Mandlik for plaintiff present and requested for adjournment. Granted.
Adjd  to  22.01.2024     for Service of writ of summons
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 22-01-2024

Date: 22-01-2024
Business: None present for plaintiff
Adjd  to 29.04.2024   for service of writ of summons
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 29-04-2024

Date: 29-04-2024
Business: Court is on first session leave
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 08-05-2024

Date: 08-05-2024
Business: Plaintiff present
Advocate Pavitra Manesh for plaintiff present and tendered application for withdrawal of suit marked as Exh.4
O- other side to say.
Advocate Mhatre  h/f Suryavanshi  for defendant/BMC present and has given say on Exh. 4 overleaf.
Order below Exh. 1
    The plaintiff Prateek Oswal has filed an application below Exh. 4 for permission to withdraw the suit unconditionally.  It is contended that plaintiff had filed another suit No. 1338/2022 for declaration of civil death of his father Manikchand Gangajal Oswal and said suit has been decreed. Therefore this suit became infructuous. Hence he is withdrawing the suit unconditionally.   Application signed by the plaintiff and he is identified by his Advocate Pavitra Manesh. The plaintiff submitted that he is withdrawing suit unconditionally. Hence it be disposed of. The defendant/BMC  submitted that suit is not maintainable. Hence it be dismissed. Therefore considering the contention of application, I pass following order.
ORDER
1.  Suit is disposed of as withdrawn as per application below Exh. 4.
2.  Court fees be refunded as per rule.
Nature Of Disposal: WITHDRAWL
Disposal Date: 08-05-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 112630/2019
Filing Date: 19-11-2019
First Hearing Date: 13th February 2020
Decision Date: 08th May 2024
Court Number And Judge: 4-COURT 04 AD-HOC JUDGE

    Orders

    1
    Final Order 1
    08 May 2024
    Order Details: Other
Pdf Text: 21 Dt:08.05.2024
SU 3294/19
Exh. 4
CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
Plaintiff present
Advocate Pavitra Manesh for plaintiff present and tendered
application for withdrawal of suit marked as Exh.4
O- other side to say.
Advocate Mhatre h/f Suryavanshi for defendant/BMC
present and has given say on Exh. 4 overleaf.
Order below Exh. 1
The plaintiff Prateek Oswal has filed an application
below Exh. 4 for permission to withdraw the suit
unconditionally. It is contended that plaintiff had filed
another suit No. 1338/2022 for declaration of civil death of
his father Manikchand Gangajal Oswal and said suit has
been decreed. Therefore this suit became infructuous.
Hence he is withdrawing the suit unconditionally.
Application signed by the plaintiff and he is identified by
his Advocate Pavitra Manesh. The plaintiff submitted that
he is withdrawing suit unconditionally. Hence it be
disposed of. The defendant/BMC submitted that suit is not
maintainable. Hence it be dismissed. Therefore considering
the contention of application, I pass following order.
ORDER
1. Suit is disposed of as withdrawn as per application
below Exh. 4.
2. Court fees be refunded as per rule.
Judge
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