SUIT - SHORT CAUSE CIVIL SUIT

Ms. Smita Ramesh GaiwadVsM/s. Arihant Developers Office +3 more

CNR MHCC0101258620199-COURT 09 ADDL SESSIONS JUDGE

City Civil Court, Mumbai

Mumbai · Maharashtra (MH)

CASE DISPOSED

Uncontested--DISMISSED

Decision Date: 29th March 2025

TrustJury record updated 24 Sept 2026

Case Overview

Registration Number: 100011/2020
Registration Date: 02 Jan 2020

Advocates

For Petitioner

Mr. Vijay S. Thakur

For Respondent

Not available

Parties

Petitioner

1Ms. Smita Ramesh Gaiwad

Respondent

Acts & Sections

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

Case History / Proceedings

Case History

Date: 27-02-2020
Business: Adv. for plaintiff absent.
Adv. Ravi Gupta for defendant No.1 present.
Vakalatnama filed by Adv. for defendant no. 1. t.o.r.
KB...
Adjd. for  to 06/03/2020.
Next Purpose: DIRECTIONS
Next Hearing Date: 06-03-2020

Date: 06-03-2020
Business: Adv. Kiran Chaudhari for the Plaintiff present.
Adv. Mr. Ravi Gupta for Defendant 1 and 2 present and he filed Vakalatnama on behalf of Defendant no. 2. t.o.r. O-filed.
Matter is adjd. to 9.07.2020 for WS of Defendant nos. 1 and 2 and proof of service on other defts.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 09-07-2020

Date: 09-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 23-11-2020

Date: 23-11-2020
Business: Due to lockdown because of Covid-19, board is discharged and as per SOP only urgent matters are taken up.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 01-03-2021

Date: 01-03-2021
Business: Adv. Ms. Khanvilkar for plaintiff.
Adv. Mr. Pravin Gupta for the defendants No.1 and 2.
Defendant No.1 and 2 have failed to file WS. Hence, the suit to proceed without WS against defendants No1 and 2.
Last chance is granted to the plaintiff to file affidavit of service as regards service of summons to defendant No.3.
Matter is adjd. to 21/04/2021 for filing affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 21-04-2021

Date: 21-04-2021
Business: Due to Covid-19, matter is adjd. to
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 13-07-2021

Date: 13-07-2021
Business: due to covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 06-09-2021

Date: 06-09-2021
Business: Court is on leave.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 15-11-2021

Date: 15-11-2021
Business: Adv. Aniket Shende for plaintiff present and filed affidavit of service. t.o.r.
Adv. Ravi Gupta for the defendants No.1 and 2 present and tendered registered NM No.1112/2021 alongwith affidavit in support. t.o.r.
Advocate of plaintiff filed reply on NM NO.1112/2021.
Heard arguments of both sides.
Matter is adjd. to 23/11/2021 for Ex-parte order against defendants No.3 and 4/ NM No.1112/2021 order.
Next Purpose: NM  ORDERS
Next Hearing Date: 23-11-2021

Date: 23-11-2021
Business: court is on leave
Next Purpose: NM  ORDERS
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 15.12.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-12-2021

Date: 15-12-2021
Business: Court is on Leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-02-2022

Date: 25-02-2022
Business: Plaintiff in person present and seeks time as her advocate is not present. Time is granted.
Adv Suraj Gupta for defendant nos.1 and 2 present and seeks time to file reply on NM.
Matter is adjd. to 08.04.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-04-2022

Date: 08-04-2022
Business: Adv. Shaikh h/f Adv. Vijay for plaintiff present.
Adv.Gupta for defendant nos. 1and 2 present.
Court is busy in other matter on board.
Matter is adjd. to 17-06-2022 for N/m hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-06-2022

Date: 17-06-2022
Business: Adv. Aniket Shendekar for plaintiff present
Adv. Gupta for defendant 1 and 2 present.
Heard both advocate on N/m 1112/21.
Adv. for plaintiff filed draft N/m along with affidavit in support. O- Leave is granted to register the same. Serve other side.
Matter is adjd. to 27-06-2022 for  order on N/m 1112/21.
Next Purpose: NM  ORDERS
Next Hearing Date: 27-06-2022

Date: 27-06-2022
Business: court is on leave
Next Purpose: NM  ORDERS
Next Hearing Date: 30-06-2022

Date: 30-06-2022
Business: Adv. Suraj Gupta for defendant nos. 1 and 2 present.
For the reason separately recorded, the following order is passed.
                                    ORDER
1.Notice of Motion No.1112 of 2021  is hereby allowed subject to the payment of costs of Rs.2,000/- (Rupees Two Thousand only) payable by defendant Nos.1 and 2 jointly to the plaintiff on or before next date.
2.On payment of costs, order of “No WS”  order is set aside and delay be condoned and defendant Nos.1 and 2 are allowed to file written statement on record on or before next date.
3.Failure to make compliance, notice of motion will be dismissed automatically.
4.Notice of Motion No. 1112 of 2021 stands disposed of accordingly.  Adv. for defendant no.1,2 filed WS.
Matter is adjd. to 19-08-2022 for compliance.
Next Purpose: NM  ORDERS
Next Hearing Date: 19-08-2022

Date: 19-08-2022
Business: None present for plaintiff.
Adv. Suraj Gupta for defendant present.
The plaintiff is not present.
Therefore defendant requested to deposit cost amount in the court. Permission is granted to deposit cost amount in the court and submit the receipt of deposit amount till next date.
Matter is adjd. to 30.09.2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 30-09-2022

Date: 30-09-2022
Business: None present for both parties.
The defendant No. 1 and 2 deposited the cost amount of Rs.2000/- in the court as per Order dtd.30.06.2022. No WS order is set aside. Hence, the Written Statement of defendant no.1 and 2 read and recorded Marked and Exh-6.
Matter is adjd. to 01.12.2022 for Draft Issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 01-12-2022

Date: 01-12-2022
Business: None present for plaintiff.
Adv. Suraj Gupta for defendant nos. 1 and 2 present and seeking time for filing draft issues. Time granted.
Matter is adjd. to 01.02.2023 for Draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 01-02-2023

Date: 01-02-2023
Business: As Court is busy in dictating Judgment in Suit No. 833/2015. Hence, Board is discharged.
Matter is adjourned to 29.03.2023 for Draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 29-03-2023

Date: 29-03-2023
Business: None for plaintiff.
Adv. Suraj Gupta h/f Adv. S.P. Srivastava for defendant Nos. 1 and 2 present.
Matter is adjourned to 04.07.2023 for Draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 04-07-2023

Date: 04-07-2023
Business: None present for both the sides.
Adjourned for draft issues to 08.09.2023.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 08-09-2023

Date: 08-09-2023
Business: None present for both the sides.
Matter is adjourned to 29.11.2023 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 29-11-2023

Date: 29-11-2023
Business: None present for both the sides.
Matter is adjourned to 13.03.2024 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 13-03-2024

Date: 13-03-2024
Business: None present for both the sides.
Matter is adjourned to 08.07.2024 for framing issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 08-07-2024

Date: 08-07-2024
Business: None present for both the sides.
Matter is adjourned to 23.08.2024 for draft issue.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 23-08-2024

Date: 23-08-2024
Business: None present for plaintiff.
None present for defendants.
As both parties and their advocates are absent, Matter is adjourned for Draft issues to 14/11/24.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 14-11-2024

Date: 14-11-2024
Business: None present for plaintiff.
None present for defendants.
As both parties and their advocates are absent, Matter is adjourned to 29/01/25 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 29-01-2025

Date: 29-01-2025
Business: None present for plaintiff.
None present for defendants.
Issues are framed at Exh. 7.
                            Issues
1. 	Whether the plaintiff proves that she is entitled for permanent
          injunction restraining defendant No.1 from constructing any
          commercial place or permitting any person from using the
          space so constructed for any commercial activity in the suit
          property as 	prayed ?
2. 	What order and decree ?
Matter is adjourned to 06/03/2025 for RE/Evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-03-2025

Date: 06-03-2025
Business: None present for plaintiff.
None present for defendants.
As both parties and their advocates are absent, Matter is adjourned for RE/dismissal to 29/03/25.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-03-2025

Date: 29-03-2025
Business: None present for plaintiff.
None present for defendants.
Perusal of the record shows that, the plaintiff and her advocate are absent from dt. 19-08-2022 and not taken any steps to proceed with the matter. This shows that, the plaintiff is not interested to proceed further with the suit. Hence, the following order.
                                      ORDER
1) The suit is dismissed for want of prosecution.
2) The Notice of Motion or Chamber summons if any pending in this
    matter are also disposed of  accordingly.
3) The suit is disposed of accordingly.
Nature Of Disposal: DISMISSED
Disposal Date: 29-03-2025

Additional Case Details

Filing Number: 113407/2019
Filing Date: 03-12-2019
First Hearing Date: 27th February 2020
Decision Date: 29th March 2025
Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE

Orders

Final Order 1

29 Mar 2025

Order Details: Other
Pdf Text: Daily Status
IN THE COURT OF :COURT 09 ADDL SESSIONS JUDGE
Case No. :SUIT/0100011/2020
Ms. Smita Ramesh Gaiwad Vs M/s. Arihant Developers Office
Date : 29-03-2025
Business : None present for plaintiff. None present for defendants.
Perusal of the record shows that, the plaintiff and his advocate
are absent from dt. 19-08-2022 and not taken any steps to
proceed with the matter. This shows that, the plaintiff is not
interested to proceed further with the suit. Hence, the
following order. ORDER 1) The suit is dismissed for want of
prosecution. 2) The Notice of Motion or Chamber summons if
any pending in this matter are also disposed of accordingly. 3)
The suit is disposed of accordingly.
Nature of Disposal : DISMISSED
Disposal Date : 29-03-2025
COURT 09 ADDL SESSIONS JUDGE
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Interim Order 2

29 Jan 2025

Order Details: Other
Pdf Text: EXHIBIT- 07
IN THE BOMBAY CITY CIVIL COURT AT GREATER MUMBAI
L.C. SUIT NO. 11 OF 2020
Ms. Smita Ramesh Gaikwad ].. Plaintiff.
V/s
M/s. Arihant Developers & Ors. ].. Defendants.
CORAM : HER HONOUR JUDGE
A. V. KASTURE
(C.R. No. 09).
DATE : 29th JANUARY, 2025
I S S U E S
1. Whether the plaintiff proves that she is entitled for permanent
injunction restraining defendant No.1 from constructing any
commercial place or permitting any person from using the space
so constructed for any commercial activity in the suit property as
prayed ?
2. What order and decree ?
-Sd/
(A. V. KASTURE)
Judge
City Civil Court, Mumbai.
Date: 29.01.2025 (C.R. No.09)
-- 1 of 1 --

Order 2