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SUIT - SHORT CAUSE CIVIL SUIT

Gorakhnath Liladhar PatilVsPatil Wadi Rahiwasi Sangh +1 more

CNR MHCC0101301120193-COURT 03 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 27th February 2026

TrustJury record updated 24 Sept 2026

Case Overview

Registration Number
103331/2019
Registration Date
12 Dec 2019

Advocates

1

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    Hindu Marriage Act · Sec 34 and 38

    Case History / Proceedings

    Case History
    Date: 18-12-2019
    Business: Adv. Zenobia S. Irani for Plaintiff is present.
    Exh.1  Plaint.
    Exh.2  Vakalatnama
    Exh.3   Address Memo.
    Exh.4  List of docutments.
    Adv. Shilpan Gaonkar I/b S.K. Legal and Associates for defendant no.1 is present and filed Vakalatnama. TOR and marked as Exh.5.
    None present for defendant No.2.
    Draft motion seeking leave. Order- Leave is granted to register N.M. Applicant to file affidavit of service with regard to defendant no.2.
    Advocate for defendant no.1 to file reply.
    Adjourned to 20.12.2019 for filing affidavit of service and reply to N.M.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 20-12-2019
    
    Date: 20-12-2019
    Business: Adv. Prashant Tikre for plfft. is present and tendered registered N.M. No.4880/19 alongwith affidavit of service.  Affidavit of service is marked as exh.6
    Adv. Shilpan Goankar for deft. no.1 is present and filed reply to N.M. No.4880/16 . It is taken on record.
    Adv. Rama Subramaniam for deft no.2 is present. and filed Vakaltnama. TOR and marked as exh.7.
    Adv. for respondent no.2 seeks time to file reply. O- Time granted.
    Adv. for plff waive the service of writ of summons.
    Adjourned to 13.01.2020 for reply of deft no.2 and Hearing on N.M.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-01-2020
    
    Date: 13-01-2020
    Business: Adv. Prashant Tikare  for plaintiff present.
    Adv. Shilpan Gavkar  for defendant no. 1 present.
    Adv. Rama Subramanyam  for defendant no. 2 present.
    On oral request of Ld. Adv. for deft. no. 1 adjournment granted.
    Adjd to 30-01-2020  for  NM Hearing .
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-01-2020
    
    Date: 30-01-2020
    Business: As Court is on half day leave. Hence, board is discharged.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-02-2020
    
    Date: 21-02-2020
    Business: Court busy in administrative work.
    Hence, board is discharged.
    Adjd to 17-04-2020   for  NM Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-04-2020
    
    Date: 17-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-05-2020
    
    Date: 06-05-2020
    Business: Covid-19
    Lockdown from 23-03-2020
    Matter adj. to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-05-2020
    
    Date: 28-05-2020
    Business: In view of extension 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
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-09-2020
    
    Date: 25-09-2020
    Business: Court is on leave. Hence, matter is adjd.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-12-2020
    
    Date: 17-12-2020
    Business: Pursuant to office order No. 166/2020 dtd. 27.11.2020 of Hon''ble Principal Judge City Civil and Sessions Court, Greater Bombay in view of standard operating procedure (SOP) dtd. 27.11.2020 of Hon''ble Bombay High Court, after taking into account the present situation of COVID-19 pandemic, the matter is adjourned owing to absence of the parties.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-04-2021
    
    Date: 08-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-06-2021
    
    Date: 29-06-2021
    Business: In view of office order No. 100/2021 dtd. 04.06.2021  of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dtd. 16.04.2021 issued by Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases and the views of stakeholders, the matter is adjourned.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-09-2021
    
    Date: 01-09-2021
    Business: Matter called out at 04.33 p.m.
    None present for plaintiff.
    Adv. Minal Lodaya I/b S. K. Legal Associates LLP for Deft. No. 1 present.
    Deft. No. 1 tendered detailed reply to the NM No. 4880/19.
    O-Seen and filed
    She undertakes to serve the other side.
    Deft. No. 1 also tendered draft NM. TOR.
    O-Leave granted to register.
    undertakes to serve the plaintiff.
    Draft NM handed over to the Deft. No. 1 for registration
    Matter stands adjourned to 06.10.2021 for NM reply.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-10-2021
    
    Date: 06-10-2021
    Business: Matter called out at 4.09 p.m.
    None present for plaintiff.
    Adv. Minal Lodaya for Deft. No.1 present.
    Deft. No.1 tendered registered NM No.1967/21. TOR.
    Deft. No.1 informed that she has tried to serve upon the advocate of plaintiff but the envelope returned back with endorsement, second day closed. Deft No.1 is directed to serve upon the plaintiff.
    Matter stands adjourned to 20.12.2021 for service.
    Later on at 4.25 p.m.
    Adv. Zenobia Irani a/w Prashant V. Tikare for plaintiff present.
    Already adjourned to 20.12.2021
    Next Purpose: SERVICE
    Next Hearing Date: 20-12-2021
    
    Date: 20-12-2021
    Business: Matter called out at 03.34 pm.
    Plaintiff in person present.
    Adv. Priyanka Shukla @ Adv. Prashant Tikare and adv. Z. S. Irani for plaintiff present.
    Adv. Minal Lodaya ib Adv. S. K. Legal Ass. for Defendant no. 01 present.
    At the request of plaintiff, Matter is kept back.
    Matter stands adjourned to 25/01/2022 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 25-01-2022
    
    Date: 25-01-2022
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: SERVICE
    Next Hearing Date: 09-03-2022
    
    Date: 09-03-2022
    Business: Matter called out at 3.14 p.m.
    Plaintiff in person present.
    Adv. Minal Lodaya I/b S. K. Legal for Deft. no.1 present.
    Plaintiff till date did not file reply to the NM.  He is seeking time to file reply on the ground that someone expired in the family of advocate. Request accepted by way of last chance.
    Matter stands adjourned to 28.04.2022 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 28-04-2022
    
    Date: 28-04-2022
    Business: Plaintiff in person present.
    Adv. Nehal Deshmukh I/b S. K. legal for Deft. no.1 present.
    By consent, matter stands adjourned to 08.07.2022 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 08-07-2022
    
    Date: 08-07-2022
    Business: Adv. Prashant Tikare a/w Z. S. Irani for plaintiff present.  He is seeking time. Time granted.
    Counsel for defendant no. 1 has not appeared in proper dress code hence, her presence is not taken on record.
    Matter stands adjourned to 19.08.2022 for Reply.
    Next Purpose: REPLY
    Next Hearing Date: 19-08-2022
    
    Date: 19-08-2022
    Business: Plaintiff in person present.
    None present for defendant.
    Matter stands adjourned to 09.11.2022 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 09-11-2022
    
    Date: 09-11-2022
    Business: Plaintiff in person present. His advocate absent.
    None present for defendant.
    Matter stands adjourned to 17.01.2023 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 17-01-2023
    
    Date: 17-01-2023
    Business: Court is on leave.
    Next Purpose: REPLY
    Next Hearing Date: 27-02-2023
    
    Date: 27-02-2023
    Business: None present for plaintiff.
    Adv. Siddhi Talekar for defendant No.1 present.
    Plaintiff absent and failed to file reply on NM No.1967/2021 hence, proceed without reply.
    Matter stands adjourned on 24.04.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-04-2023
    
    Date: 24-04-2023
    Business: Plaintiff in person present. He is seeking time. Time granted.
    Adv. Nirav Joshi for defendant present.
    Matter stands adjourned on 20.07.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-07-2023
    
    Date: 20-07-2023
    Business: Court is on Leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-10-2023
    
    Date: 09-10-2023
    Business: None for Plaintiff present.
    Adv Nirav Doshi for defendant no.1 present and seeks time for NM hearing. O- Time granted.
    Matter stands adjourned on 07-12-2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-12-2023
    
    Date: 07-12-2023
    Business: None present for Plaintiff.
    Advocate Doshi present for Defendant.
    Plaintiff failed to argue NM, hence put up for dismissal of NM.
    Matter stands adjourned on 20-02-2024 for NM dismissal.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 20-02-2024
    
    Date: 20-02-2024
    Business: P. O. is on leave.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 08-04-2024
    
    Date: 08-04-2024
    Business: None for Plaintiff present.
    Adv. Lubna shaikh i/b. S.K. Legal Associates LLP present for defendant.
    The roznama indicates that the plaintiff is continuously absent and failed to argue on notice of motion. Hence, Notice of Motion were kept for dismissal. Today also nobody is present on behalf of the plaintiff. No adjournment application is filed on record. Hence, Notice of Motion No.4880/2019 is dismissed for want of prosecution.
    Matter stands adjourned on 25.06.2024 for NM Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-06-2024
    
    Date: 25-06-2024
    Business: None for Plaintiff.
    None for defendant.
    Matter stands adjourned on 02.09.2024 for NM hearing.
    Later on 3.40 p.m.
    Adv. Harsh Joshi i/b. S. K. Legal for defendant no.1 present.
    Matter already adjourned on 02.09.2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-09-2024
    
    Date: 02-09-2024
    Business: None for Plaintiff present.
    Adv. Harsh Joshi for defendant present.
    NM No. 4880/2019 is already disposed of vide dtd. 08.04.2024 inadvertently it was shown in the roznama dtd. 25.06.2024.
    Since long the plaintiff is not appearing and not pursuing the matter, hence, suit be kept for dismissal.
    Matter stands adjourned on 08-11-2024 for dismissal order.
    Next Purpose: DISMISSAL
    Next Hearing Date: 08-11-2024
    
    Date: 08-11-2024
    Business: None for Plaintiff present.
    Adv. L. Shaikh for defendant present.
    Matter stands adjourned on 04-01-2025 for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 05-12-2024
    
    Date: 05-12-2024
    Business: Not on Board. Taken on Board.
    Matter referred to Lok-adalat on 14.12.2024, keep the parties present on that day.
    O- Issue notice to both parties.
    Matter stands adjourned on 14.12.2024 for Lok-adalat.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 14-12-2024
    
    Date: 14-12-2024
    Business: NATIONAL LOK-ADALAT HELD ON 14/12/2024 (PANEL-07)
    CORAM : H.H. JUDGE SHRI. S. H. GWALANI
    None present for plaintiff.
    None present for defendant.
    Therefore, matter is not settled.
    Matter is adjourned to 20.01.2025.
             HHJ. Shri. S. H. Gwalani                           Adv. Shilpa R. Sharma
                  HEAD OF PANEL                                       PANEL MEMBER
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 20-01-2025
    
    Date: 20-01-2025
    Business: CORAM - H.H.J. SMT. A. B. SHARMA (CR. 03)
    None for Plaintiff present.
    Adv. A. Shaikh for defendant No. 1 present.
    Matter stands adjourned on 05-04-2025 for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 27-02-2025
    
    Date: 27-02-2025
    Business: CORAM - H.H.J. SMT. A. B. SHARMA (CR. 03)
    Not on Board. Taken on Board.
    Matter referred to Lok-adalat on 22.03.2025, keep the parties present on that day.
    O- Issue notice to both parties.
    Matter stands adjourned on 22.03.2025 for Lok-adalat.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 22-03-2025
    
    Date: 22-03-2025
    Business: NATIONAL LOK-ADALAT HELD ON 22/03/2025
    CORAM : H.H. JUDGE SHRI. B. D. SHELKE
    (Matter pertains from CR No.3)
    None present for plaintiff.
    None present for defendant.
    As both parties are absent in National Lok Adalat. Hence matter be kept before regular Court. Matter is adjd to 13/06/2025.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 09-04-2025
    
    Date: 09-04-2025
    Business: CORAM - H.H.J. SMT. A. B. SHARMA (CR. 03)
    Not on Board. Taken on Board.
    Matter referred to Lok-adalat on 10.05.2025, keep the parties present on that day.
    O- Issue notice to both parties.
    Matter stands adjourned on 10.05.2025 for Lok-adalat.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 10-05-2025
    
    Date: 10-05-2025
    Business: None present for plaintiff.
    None present for defendant.
    In the absence of parties matter can not be settled.
    Matter is adjd to  20.06.2025.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 20-06-2025
    
    Date: 20-06-2025
    Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
    None present.
    Court is busy in other matters, hence adjourned.
    Matter stands adjourned to 18-11-2025 for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 18-11-2025
    
    Date: 18-11-2025
    Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
    Advocate Milkesh N. Sangle i/b Advocate S. K. Legal for defendant present in morning session.
    Later on at 3.00 p.m.
    None present.
    The plaintiff  to file documents like property card, share certificate, photo pass or equivalent documents  in terms of Para 8, Chapter 2 of Civil Manual.  Failure of which necessary order will be passed. The plaintiff also failed to file reply on Notice of Motion, hence his right to file reply is hereby forfeited.
    Matter stands adjourned for compliance/argument to 12-02-2026.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 12-02-2026
    
    Date: 12-02-2026
    Business: None for Plaintiff present.
    Adv. Vaibhav Bane for defendant no.1 present.
    The record shows that the plaintiff is absent since 09.10.2023. No steps taken since long. He has not complied with the order dated 18.11.2025.
    Matter stands adjourned for Dismissal Order to 27.02.2026.
    Next Purpose: DISMISSAL
    Next Hearing Date: 27-02-2026
    
    Date: 27-02-2026
    Business: CORAM - H.H.J. SHRI. S. M. BUKKE (CR. 03)
    None for Plaintiff present.
    Advocate Vaibhav Bane for defendant present.
    This suit is instituted on 11.12.2019 for declaration and injunction under section 34 and 38 of specific relief act. The plaintiff and his advocate absent since 27.02.2023. Subsequently NM as well as other interim applications taken out by plaintiff were dismissed for want of prosecution. The plaintiff and his advocate not made any effort to take necessary steps since more than 3 year. It is suit more than 7 years. The conduct of plaintiff shows that he lost interest in the litigation. The plaintiff is not interested in prosecuting the suit. Hence the Suit  No. 3331 of 2019 is dismissed for want of prosecution. No order as to costs. Notice of Motion, Chamber Summons if any, disposed of as infructuous.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 27-02-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 113798/2019
    Filing Date: 11-12-2019
    First Hearing Date: 18th December 2019
    Decision Date: 27th February 2026
    Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    27 Feb 2026
    Order Details: Other
    Pdf Text: Daily Status
    IN THE COURT OF :COURT 03 ADDL SESSIONS JUDGE
    Case No. :SUIT/0103331/2019
    Gorakhnath Liladhar Patil Vs Patil Wadi Rahiwasi Sangh
    Date : 27-02-2026
    Business : CORAM - H.H.J. SHRI. S. M. BUKKE (CR. 03) None for
    Plaintiff present. Advocate Vaibhav Bane for defendant
    present. This suit is instituted on 11.12.2019 for declaration
    and injunction under section 34 and 38 of specific relief act.
    The plaintiff and his advocate absent since 27.02.2023.
    Subsequently NM as well as other interim applications taken
    out by plaintiff were dismissed for want of prosecution. The
    plaintiff and his advocate not made any effort to take
    necessary steps since more than 3 year. It is suit more than 7
    years. The conduct of plaintiff shows that he lost interest in
    the litigation. The plaintiff is not interested in prosecuting the
    suit. Hence the Suit No. 3331 of 2019 is dismissed for want of
    prosecution. No order as to costs. Notice of Motion, Chamber
    Summons if any, disposed of as infructuous.
    Nature of Disposal : DISMISSED IN DEFAULT
    Disposal Date : 27-02-2026
    COURT 03 ADDL SESSIONS JUDGE
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