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SUIT - SHORT CAUSE CIVIL SUIT

Pradnya Rajesh Mhatre +1 moreVsPravin Dattatray Mhatre +3 more

CNR MHCC01011851201962-COURT 62 AD-HOC ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 08th April 2022

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
103090/2019
Registration Date
25 Nov 2019

Advocates

1

For Respondent

    Not available

    Parties

    6

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 16-12-2019
    Business: Advocate Mr. Shirke for Plaintiff present and filed draft Notice of Motion with affidavit in support of Notice of Motion.  Leave to register Notice of Motion is granted.  He also requested to issue writ of summons.  O-Issue writ of summons as prayed.
    None present for Defendant.
    Court is busy in recording evidence in suit no.7793/00 and suit no.6329/04, hence case is adjourned to 28/02/2020.
    Next Purpose: SERVICE
    Next Hearing Date: 28-02-2020
    
    Date: 28-02-2020
    Business: Advocate Ms. Sawant for Plaintiff present and filed affidavit of service in respect of writ of summons,  NM, plaint and documents t.o.r.  He also filed registered Notice of Motion no.4817/19 with affidavit in support, t.o.r.
    None present for Defendants.
    Case is adjourned to 24/07/2020 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 24-07-2020
    
    Date: 24-07-2020
    Business: Adjd. to 21.09.2020 due to Covid-19.
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 21-09-2020
    
    Date: 21-09-2020
    Business: None present for plaintiff.
    None present for Defendant.
    Due to Corona it seems no parties turn to the court hence adjd. to 14/12/2020.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 14-12-2020
    
    Date: 14-12-2020
    Business: court is on Leave.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 26-02-2021
    
    Date: 26-02-2021
    Business: None present for plaintiff and defendant.
    Plaintiff has already filed affidavit of service. Defendants did not appear.
    Matter adjourned for order to 04.05.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 04-05-2021
    
    Date: 26-02-2021
    Business: None present for plaintiff and defendant.
    Plaintiff has already filed affidavit of service. Defendants did not appear.
    Matter adjourned for order to 04.05.2021.
    Judge
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 04-05-2021
    
    Date: 04-05-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 27-07-2021
    
    Date: 04-05-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 27-07-2021
    
    Date: 27-07-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 05-10-2021
    
    Date: 27-07-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 05-10-2021
    
    Date: 05-10-2021
    Business: None present for both parties.
    Affidavit of service filed by the plff on 28.02.2020 shows that deft No.1 and 2 are properly served with N.M. and writ of summons but they did not appear hence, suit and N.M.No.4817/2019 to proceed ex-parte against those defts.
    Deft Nos.3 and 4 are not served properly hence, plff to serve those defts properly.
    Matter is adjd. for service on deft Nos.3 and 4 to 15.12.2021.
    Judge
    Next Purpose: SERVICE
    Next Hearing Date: 15-12-2021
    
    Date: 15-12-2021
    Business: None present for both parties.
    Plff has not taken steps to serve deft No.3 and 4 properly with NM No.4817/2019 and suit summons hence, matter be kept for order on next date as nobody is present for plff.
    Matter is adjd. for order to 04.03.2022.
    Next Purpose: ORDER
    Next Hearing Date: 04-03-2022
    
    Date: 04-03-2022
    Business: None present for plff.
    None present for deft.
    K.B.
    L.O. at 3.45 p.m.
    None appeared for the plaintiff.
    Steps not taken to serve the deft nos3 and 4 properly with NM No.4817/2019 hence, said NM is dismissed in default for want of prosecution.
    Plaintiff has also not served defendant Nos.3 and 4 properly with writ of summons hence, suit is dismissed in default against deft Nos.3 and 4.
    Matter is adjd. for Ex-parte evidence against deft nos.1 and 2 to 09.06.2022.
    Judge
    L.O. at 4.05 p.m.
    Adv Ms. Bhagyashree Shelke h/f Adv Sawant for plff present and submitted that plaintiffs want to withdraw the suit and plaintiffs have sent a letter to that effect to the advocate on whatsapp.
    She requested to prepone the date for withdrawal of the suit. On her request, for the reason stated by her, date is preponed and the date given earlier is changed to 31.03.2022 for ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 31-03-2022
    
    Date: 31-03-2022
    Business: None present for both parties.
    K.B.
    L.O.at 11.40 a.m.
    Adv Ms. Shelke h/f Adv Sawant for plff present and seeks adjournment by submitting that plffs want to withdraw the suit but letter in that regard is received under signature of plff No.1 only by the adv on record.
    None present for defts.
    On request oif adv for plff, matter is adjd. for withdrawal to 08.04.2022.
    Next Purpose: WITHDRAWAL
    Next Hearing Date: 08-04-2022
    
    Date: 08-04-2022
    Business: None present for both parties.
    K.B.
    L.O. at 5.15 pm.
    None appeared for the plff despite keeping back the matter till  5.15 p.m.
    Adjournment was claimed by adv for plff on previous date by submitting that plaintiffs want to withdraw the suit. Any application is not filed today for seeking permission to withdraw the suit. Plffs have failed to adduce evidence hence, suit is dismissed in default for want of prosecution.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 08-04-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 112663/2019
    Filing Date: 20-11-2019
    First Hearing Date: 16th December 2019
    Decision Date: 08th April 2022
    Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    08 Apr 2022
    Order Details: Other
    Pdf Text: 08/04/2022 CORAM : H.H.J. SHRI P.P.RAJVAIDYA (C.R. NO.62)
    18
    SU 3090/19
    None present for both parties.
    K.B.
    L.O. at 5.15 pm.
    None appeared for the plff despite keeping back the matter till 5.15 p.m.
    Adjournment was claimed by adv for plff on previous date by submitting that
    plaintiffs want to withdraw the suit. Any application is not filed today for seeking
    permission to withdraw the suit. Plffs have failed to adduce evidence hence, suit
    is dismissed in default for want of prosecution.
    Judge
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