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SUIT - SHORT CAUSE CIVIL SUIT

Mrs. Falguni Ashit KananiVsMr. Ashit Vijaysingh Kanani

CNR MHCC01011946201961-COURT 61 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 08th January 2025

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
103091/2019
Registration Date
26 Nov 2019

Advocates

1

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 29-11-2019
    Business: By praecipe matter is taken on today\''s board.
    Adv. Jitendra Sorap for plaintiff present and filed draft NM along with affidavit. Copy served on other side. Leave granted to register draft NM.
    Adv. Sadaf Maldar h/f J. J. Shah for defendant present and filed VP. She further submitted that defendants want time to file reply to draft NM and made a statement at the Bar that the defendant has no intention to create Third party interest in respect of the suit premises. Her statement is recorded and time granted as prayed.
    Vakalatnama filed on behalf of defendant.
    Matter stands Adj for filing reply to NM on 17.12.2020.
    Next Purpose: REPLY
    Next Hearing Date: 17-12-2019
    
    Date: 17-12-2019
    Business: Adv. Jitendra Sorap for plaintiff present and filed original NM no. 4796/19 along with affidavit.
    Adv. Maldar for defendant present.
    Earlier order to continue till next date.
    Matter stands Adj for NM hearing to 12.02.2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-02-2020
    
    Date: 12-02-2020
    Business: Adv. Jadhav for plaintiff present.
    Defendant present.
    Earlier Order to continue till next date.
    Matter stands Adj for NM hearing to  03.04.2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-04-2020
    
    Date: 03-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-04-2020
    
    Date: 17-04-2020
    Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 77 of 2020 matter adjourned.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-05-2020
    
    Date: 06-05-2020
    Business: In view of declaration of Novel Corona Virus(COVID-19) as global pandemic by WHO and as per office order No. 77 of 2020, matter adjourned.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-05-2020
    
    Date: 28-05-2020
    Business: In view of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-06-2020
    
    Date: 15-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-09-2020
    
    Date: 29-09-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-12-2020
    
    Date: 07-12-2020
    Business: None present for plaintiff and defendant.
    Matter stands Adj for NM hearing to 03.02.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-02-2021
    
    Date: 03-02-2021
    Business: None present.
    The case is adjourned to 24.03.2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-03-2021
    
    Date: 24-03-2021
    Business: Advocate Jitendra Sorap for plaintiff present.
    Advocate Ms. Maldar h/f adv. Shah for defendant present and seeks time to file reply.
    Statement by advocate for defendant made on 29.11.2019 to continue till next date.
    The case is adjourned to 10.06.2021 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 10-06-2021
    
    Date: 10-06-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 05-08-2021
    
    Date: 05-08-2021
    Business: Court is vacant.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 04-10-2021
    
    Date: 04-10-2021
    Business: Adv. Shivaji Bankar h/f Jitendra Sorup for plaintiff present.
    None present for defendant.
    Earlier order, if any to continue.
    As court is busy in hearing final arguments in SU No.726/09. Hence,
    matter stands adjourned to 16.11.2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-11-2021
    
    Date: 16-11-2021
    Business: Matter called out at 4.06 p.m.
    Adv. Jitendra Sorap for plaintiff present.
    None present for defendant.
    Matter stands adjourned to 13.01.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-01-2022
    
    Date: 13-01-2022
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-03-2022
    
    Date: 08-03-2022
    Business: Matter called out at 4.01 p.m.
    None present.
    Matter stands adjourned to 26.04.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-04-2022
    
    Date: 26-04-2022
    Business: None present.
    Matter stands adjourned to 15.07.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-07-2022
    
    Date: 15-07-2022
    Business: None present.
    Matter stands adjourned to 13.09.2022 NM hearing/order.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-09-2022
    
    Date: 13-09-2022
    Business: None present.
    Matter stands adjourned to 24.11.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-11-2022
    
    Date: 24-11-2022
    Business: None present.
    Put up for NM dismissal.
    Matter stands adjourned to 16.02.2023 for NM dismissal.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-02-2023
    
    Date: 16-02-2023
    Business: None present.
    Matter stands adjourned on 26.04.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-04-2023
    
    Date: 26-04-2023
    Business: None present.
    Matter stands adjourned on 05.08.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-08-2023
    
    Date: 05-08-2023
    Business: None for Plaintiff present.
    None for defendant present.
    NM is pending for hearing since 12.02.2020 however, Plaintiff failed to press the NM hence put up for dismissal of NM.
    Matter stands adjourned on 08-11-2023 NM dismissal
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 08-11-2023
    
    Date: 08-11-2023
    Business: P.O. is on Leave.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 14-12-2023
    
    Date: 14-12-2023
    Business: Both parties absent.
    Plaintiff failed to argue on NM, which is pending for hearing since 12.02.2020. Hence, Notice of Motion No.4796/2019 is dismissed for want of prosecution.
    Defendant appear vide Exh.3 however failed to file Written Statement till date. Hence, suit is proceeded without Written Statement of defendant.
    Matter stands adjourned on 14.03.2024 for ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 14-03-2024
    
    Date: 14-03-2024
    Business: IN THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO. 61
    None for  plaintiff.
    None for defendant.
    Due to formation of new court and change of assignment matter is lastly adjourned.
    Matter adjourned for Ex-parte evidence (without WS)  to 20-06-2024.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 20-06-2024
    
    Date: 20-06-2024
    Business: The P.O. is on leave
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 28-08-2024
    
    Date: 28-08-2024
    Business: IN THE COURT OF H.H.J. R. D. DESHPANDE JUDGE CITY CIVIL COURT C.R. NO. 61
    None for plaintiff.
    None for defendant.
    KB.. LO at 12.39 pm.
    None for plaintiff.
    None for defendant.
    Roznama discloses that plaintiff is continuously absent since 13.01.2022. It shows that plaintiff is not interested in conducting this suit. Hence, it be kept for dismissal order.
    Matter adjourned for dismissal order to 18-10-2024.
    Next Purpose: DISMISSAL
    Next Hearing Date: 18-10-2024
    
    Date: 18-10-2024
    Business: IN THE COURT OF H.H.J. R. D. DESHPANDE JUDGE CITY CIVIL COURT C.R. NO. 61
    None for plaintiff.
    None for defendant.
    KB. LO  at 1.42 pm.
    None for plaintiff.
    None for defendant.
    Matter adjourned for dismissal to 08-01-2025.
    Next Purpose: DISMISSAL
    Next Hearing Date: 08-01-2025
    
    Date: 08-01-2025
    Business: None for plaintiff.
    None for defendant.
    Roznama discloses that plaintiff is continuously absent in this suit. It is kept for adducing her evidence from 14.03.2024. On 28.08.2024, this suit was kept for dismissal order on 18.10.2024. but on that date also plaintiff did not appear. Due to paucity of time, it came to be adjourned till today. But today also plaintiff is absent when called. She has failed to adduce her evidence. It shows that she is not interested in conducting this suit. Hence the order.
    ORDER
    1. Suit is dismissed as per Order-09, Rule-03 of the Code of Civil Procedure.
    2. No order as to costs.
    3. Accordingly Suit No.3091/2019 stands disposed off.
    Nature Of Disposal: DISMISSED
    Disposal Date: 08-01-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 112519/2019
    Filing Date: 16-11-2019
    First Hearing Date: 29th November 2019
    Decision Date: 08th January 2025
    Court Number And Judge: 61-COURT 61 ADDL  SESSIONS JUDGE

    Orders

    1
    Final Order 1
    08 Jan 2025
    Order Details: Other
    Pdf Text: 5. Dt. 08-01-2025
    SU 3091/19
    IN THE COURT OF H.H.J. R. D. DESHPANDE JUDGE CITY CIVIL
    COURT C.R. NO. 61
    None for plaintiff.
    None for defendant.
    Roznama discloses that plaintiff is continuously absent in this
    suit. It is kept for adducing her evidence from 14.03.2024. On
    28.08.2024, this suit was kept for dismissal order on 18.10.2024.
    but on that date also plaintiff did not appear. Due to paucity of
    time, it came to be adjourned till today. But today also plaintiff is
    absent when called. She has failed to adduce her evidence. It
    shows that she is not interested in conducting this suit. Hence the
    order.
    ORDER
    1. Suit is dismissed as per Order-09, Rule-03 of the Code of Civil
    Procedure.
    2. No order as to costs.
    3. Accordingly Suit No.3091/2019 stands disposed off.
    Judge
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