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SUIT - SHORT CAUSE CIVIL SUIT

Helan Anthony Sabastian +1 moreVsMHADA +1 more

CNR MHCC0101221220198-COURT 08 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
PENDING

TrustJury record updated 24 Sept 2026

Case Overview

Registration Number
103113/2019
Registration Date
27 Nov 2019
Next Hearing Date
06 Oct 2026
Case Stage
NM REPLYREJOINDER

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    4

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 18-12-2019
    Next Purpose: DIRECTIONS
    Next Hearing Date: 04-01-2020
    
    Date: 04-01-2020
    Business: Matter is adjd.  for NM reply/hearing  to 05/02/2020 .
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 05-02-2020
    
    Date: 05-02-2020
    Business: Adv. A. A. Jain for Plaintiff is present.
    Adv.Satamkar h/f Adv. Kandekar for defendant/MHADA is present.
    Earlier Ad-interim order, if any be continued till next date.
    By consent matter is for N/M reply adjd.  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: 24-07-2020
    
    Date: 24-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 15-12-2020
    
    Date: 15-12-2020
    Business: None present for the both the side
    Matter is adjd. to 09.03.2021 for reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 09-03-2021
    
    Date: 09-03-2021
    Business: Adv. Mr. A. A. Jain for the plaintiff.
    Adv. Mr. Pathak h/f Adv. Mr. Kandekar for the defendant No.1.
    Matter is adjd. to 19/04/2021 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 19-04-2021
    
    Date: 19-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 13-07-2021
    
    Date: 13-07-2021
    Business: due to covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 06-09-2021
    
    Date: 06-09-2021
    Business: Court is on leave.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 29-11-2021
    
    Date: 29-11-2021
    Business: As Court is busy in hearing argument in SU 2173/21 of NM 2809/21. Hence, board is discharged.
    Matter is adjd. to 04.02.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-02-2022
    
    Date: 04-02-2022
    Business: Due to SOP only urgent matters taken up.
    Matter is adjd. to 26.04.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-04-2022
    
    Date: 26-04-2022
    Business: Adv. Mr. A.A. Jain for plaintiff is present and sought adjournment.
    Adv. Mr. Pathak h/f Adv. Kandekar for defendants/MHADA is present.
    Matter adjourned for NM hearing to 08.07.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-07-2022
    
    Date: 08-07-2022
    Business: None present for plaintiff.
    Adv Pathak h/f Adv Kandekar present for defendant/MHADA.
    As plaintiff and his Adv are absent.
    Matter adjourned for Notice of Motion dismissal order to 17.08.2022.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 17-08-2022
    
    Date: 17-08-2022
    Business: None present for plaintiff.
    Adv Pathak h/f Adv Kandekar present for defendant/MHADA.
    From the record it appears that, plaintiff and his Adv are absent since long and did not take steps to proceed further with the Notice of Motion no. 4667/19 and therefore matter is kept for dismissal order on Notice of Motion no. 4667/19. Today also plaintiff and his advocate are absent. From the above conduct of the plaintiff, it appears that plaintiff is not interested to proceed further with the Notice of Motion no. 4667/19. Therefore, it will be appropriate to dismiss the Notice of Motion no. 4667/19 as per Order 9 Rule 8 Of Code Of Civil Procedure. Hence, Notice of Motion no. 4667/19 is dismissed as per Order 9 Rule 8 Of Code Of Civil Procedure.
    Matter adjourned for proof of service of writ of summons to 16.09.22.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 16-09-2022
    
    Date: 16-09-2022
    Business: None present for plaintiff.
    Adv. Pathak hf adv. Kandekar present for defendant/MHADA.
    It appears that, since long plaintiffs and their advocates are absent and they did not take steps. Hence, Matter adjourned for service of writ of summons/proof of service of writ of summons to defendants/order to 14/11/22.
    Next Purpose: SERVICE
    Next Hearing Date: 14-11-2022
    
    Date: 14-11-2022
    Business: None present for plaintiff.
    None present for defendant.
    As plaintiff and his advocate are absent.
    And did not to take steps to proceed further with the suit.
    Matter adj. for dismissal order to 17.12.2022.
    Next Purpose: DISMISSAL
    Next Hearing Date: 17-12-2022
    
    Date: 17-12-2022
    Business: None present for plaintiff.
    Adv. Pathak hf adv. Kandekar present for defendant/MHADA.
    K.B.
    L.O. at 01.35 pm
    None present for plaintiff.
    From the record it appears that, plaintiffs and their advocates are absent since long and did not take steps to proceed further with the suit and for service of writ of summons to the defendants. Therefore matter is kept for dismissal order. Today also plaintiffs and their advocates are absent. From the above conduct of the plaintiffs, it appears that plaintiffs are not interested to proceed further with the suit. Therefore, it will be appropriate to dismiss the suit as per Order 9 Rule 2/5 and 08 Of Code Of Civil Procedure. Hence, suit is dismissed as per Order 9 Rule 2/5 and 08 Of Code Of Civil Procedure. Proceeding is closed.
    Disposal Date: 17-12-2022
    
    Date: 08-10-2024
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 27-11-2024
    
    Date: 27-11-2024
    Business: Adv. Divya Kangne h/f Adv. Holambe Patil for plaintiff present.
    Plaintiff present.
    None present for defendant.
    KB
    Later on at 03.00 p.m.
    Plaint.
    Vakalatnama.
    Address Memo.
    List of documents.
    Adv. Divya Kangne h/f Adv. Holambe Patil for plaintiff present and filed application for inspection of court file. t.o.r. Marked as Exh.5.
    Matter adjourned for affidavit of service to 27.01.2025.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 27-01-2025
    
    Date: 27-01-2025
    Business: Plaintiff present.
    None present for defendants.
         One Mr. Kandekar seems to have caused appearance for MHADA. However MHADA neither file written statement nor reply to NM No.4667/2019.
         It appears that, the Ld. Adv. for plaintiff had taken the draft NM for registration on 04.12.2019. Though the NM is got registered, however same does not seem to have tendered on record. Hence, plaintiff to comply the same.
         The Predecessor of this Court has passed order dated 02.12.2019 directing to maintain status-quo in respect of suit property. However MHADA still failed to file reply. Though NM NO. 4667/2019 was dismissed in default, however same is restored vide order dated 08.10.2024. Hence, plaintiff is directed to serve notice on the defendants intimating them restoration of suit and NM.
    Private service allowed.
    Matter adjourned for Report of Notice to 17.03.2025.
    Next Purpose: REPORT
    Next Hearing Date: 17-03-2025
    
    Date: 17-03-2025
    Business: Plaintiff present. Her advocate absent.
    She seeks time to comply order dated 27.01.2025.
    Time granted.
    Matter adjourned for Report of Notice to 17.06.2025.
    Next Purpose: REPORT
    Next Hearing Date: 17-06-2025
    
    Date: 17-06-2025
    Business: None present for plaintiff.
    Last chance granted to plaintiff for service of notice as per order dated 27.01.2025.
    Matter adjourned for service to 29.07.2025.
    Judge
    Later n at 04.00 p.m.
    Adv. Bhalchandra Kumbhar h/f. ADv. Holambe Patil for plaintiff present and filed affidavit of service in respect of NM No.4667/2019. Taken on record.
    Matter is already adjourned for service to 29.07.2025.
    Next Purpose: SERVICE
    Next Hearing Date: 29-07-2025
    
    Date: 29-07-2025
    Business: Plaintiff present and seek time for service. Time granted.
    None for defendant.
    Matter adjourned for service to 23.09.2025.
    Next Purpose: SERVICE
    Next Hearing Date: 23-09-2025
    
    Date: 23-09-2025
    Business: None for plaintiff and defendants.
    Matter adjourned for service to 12.11.2025.
    Judge
    Later on at 03.47 p.m.
    Adv. Divya Kangne h/f. Adv. Holmbe Patil for plaintiff present.
    Issue notice to defendants through bailiff.
    Matter is already adjourned for report to 12.11.2025.
    Next Purpose: REPORT
    Next Hearing Date: 12-11-2025
    
    Date: 12-11-2025
    Business: None present for plaintiff.
    Matter adjourned for service to 21.01.2026.
    Next Purpose: SERVICE
    Next Hearing Date: 05-12-2025
    
    Date: 05-12-2025
    Business: Not on board, taken on board.
    Received Bailiff report dated 18.10.2025. Notice is served on defendant Nos.1 and 2 on 17.10.2025. Report is taken on record and marked as Exh.6.
    Matter adjourned for service to 21.01.2026.
    Next Purpose: SERVICE
    Next Hearing Date: 21-01-2026
    
    Date: 21-01-2026
    Business: None present for plaintiff.
    Matter adjourned for service to 02.04.2026.
    Judge
    Later on at 04.04 p.m.
    Adv. B. M. Kumbhar h/f. Adv. K. M. Holambe Patil for plaintiff present.
    Matter is already adjourned for service to 02.04.2026.
    Next Purpose: SERVICE
    Next Hearing Date: 02-04-2026
    
    Date: 02-04-2026
    Business: Adv. K. R. Pachangane h/f. Adv. K. M. Holambe Patil for plaintiff present and submitted that, service is already made as per Exh.6 upon defendants. Hence, matter be kept for NM reply.
    Matter adjourned for NM reply to 08.07.2026.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 08-07-2026
    
    Date: 08-07-2026
    Business: Adv. Divya Kangane h/f. Adv. K. M. Holambe Patil for plaintiff present.
    None present for defendants.
    Notice served on defendant no 1 and 2 vide bailiff report hence keep for no reply order to N/M.
    Matter adjourned for no reply order to NM to 19-08-2026
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 19-08-2026
    
    Date: 19-08-2026
    Business: Adv. Divya Kangane h/f. Adv. K. M. Holambe Patil for plaintiff present. None present for defendants.
    Later on 4.06 p.m.
    Adv. K.N. Kandekar for MHADA is present.
    Matter adjourned for no reply order to NM to 06.10.2026.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 06-10-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 113005/2019
    Filing Date: 26-11-2019
    First Hearing Date: 18th December 2019
    Court Number And Judge: 8-COURT 08 ADDL SESSIONS JUDGE

    Orders

    4
    Interim Order 2Full order available
    08 Oct 2024

    Order Details: Other Pdf Text: Date 08.10.2024 32 to 35 Coram: H.H.J. Shri. V. G. Raghuwanshi, City Civil Court, Mumbai. (C.R.08) NM 323/2024 NM 324/2024 NM 325/2024 NM 326/2024 in Suit No. 3113/2019 (Disposed off) Plaintiff present. Adv. Divya Kangane h/f Adv. Holambe Patil for plaintiff present. None present for defendants. F.R.S.R. following order passed on Notice of Motion No.323/2024 ORDER 1. Notice of Motion No.323 of 2024 is allowed. 2. Delay in filing notice of motion for restoration of…

    Read Full Order
    Interim Order 1
    17 Dec 2022
    Order Details: Other
    Pdf Text: Daily Status
    IN THE COURT OF :COURT 08 ADDL SESSIONS JUDGE
    Case No. :SUIT/0103113/2019
    Helan Anthony Sabastian Vs MHADA
    Date : 17-12-2022
    Business : None present for plaintiff. Adv. Pathak hf adv. Kandekar
    present for defendant/MHADA. K.B. L.O. at 01.35 pm
    None present for plaintiff. From the record it appears that,
    plaintiffs and their advocates are absent since long and did
    not take steps to proceed further with the suit and for
    service of writ of summons to the defendants. Therefore
    matter is kept for dismissal order. Today also plaintiffs and
    their advocates are absent. From the above conduct of the
    plaintiffs, it appears that plaintiffs are not interested to
    proceed further with the suit. Therefore, it will be
    appropriate to dismiss the suit as per Order 9 Rule 2/5 and
    08 Of Code Of Civil Procedure. Hence, suit is dismissed as
    per Order 9 Rule 2/5 and 08 Of Code Of Civil Procedure.
    Proceeding is closed.
    Nature of Disposal : DISMISSED
    Disposal Date : 17-12-2022
    COURT 08 ADDL SESSIONS JUDGE
    -- 1 of 1 --
    Order 2Full order available
    08 Oct 2024

    Order Details: Other Pdf Text: Date 08.10.2024 32 to 35 Coram: H.H.J. Shri. V. G. Raghuwanshi, City Civil Court, Mumbai. (C.R.08) NM 323/2024 NM 324/2024 NM 325/2024 NM 326/2024 in Suit No. 3113/2019 (Disposed off) Plaintiff present. Adv. Divya Kangane h/f Adv. Holambe Patil for plaintiff present. None present for defendants. F.R.S.R. following order passed on Notice of Motion No.323/2024 ORDER 1. Notice of Motion No.323 of 2024 is allowed. 2. Delay in filing notice of motion for restoration of…

    Read Full Order
    Order 1
    17 Dec 2022
    Order Details: Other
    Pdf Text: Daily Status
    IN THE COURT OF :COURT 08 ADDL SESSIONS JUDGE
    Case No. :SUIT/0103113/2019
    Helan Anthony Sabastian Vs MHADA
    Date : 17-12-2022
    Business : None present for plaintiff. Adv. Pathak hf adv. Kandekar
    present for defendant/MHADA. K.B. L.O. at 01.35 pm
    None present for plaintiff. From the record it appears that,
    plaintiffs and their advocates are absent since long and did
    not take steps to proceed further with the suit and for
    service of writ of summons to the defendants. Therefore
    matter is kept for dismissal order. Today also plaintiffs and
    their advocates are absent. From the above conduct of the
    plaintiffs, it appears that plaintiffs are not interested to
    proceed further with the suit. Therefore, it will be
    appropriate to dismiss the suit as per Order 9 Rule 2/5 and
    08 Of Code Of Civil Procedure. Hence, suit is dismissed as
    per Order 9 Rule 2/5 and 08 Of Code Of Civil Procedure.
    Proceeding is closed.
    Nature of Disposal : DISMISSED
    Disposal Date : 17-12-2022
    COURT 08 ADDL SESSIONS JUDGE
    -- 1 of 1 --

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