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SUIT - SHORT CAUSE CIVIL SUIT

Dr. Satish Shrikrishna KamathVsDilip Ramaraya Bhandarkar +1 more

CNR MHCC01013180201966-COURT 66 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 13th September 2023

TrustJury record updated 24 Sept 2026

Case Overview

Registration Number
100072/2020
Registration Date
07 Jan 2020

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1

    Case History / Proceedings

    Case History
    Date: 28-01-2020
    Business: P.O. is on Leave.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 03-02-2020
    
    Date: 03-02-2020
    Business: Advocate Mr. T. B. Joshi 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.  Copy of Notice of Motion be served upon other side.
    Advocate G. N. Salunkhe i/b Ajit Rajgole for Defendants present and filed vakalatnama for Defendants, t.o.r.  He also filed an application for production of compilation of documents with list, t.o.r. O-Production allowed.
    Heard Plaintiff\''s advocate about ad-interim relief.  On perusal of the plaint, it becomes clear that Plaintiff has not given the exact date of his dispossession from suit property.  Further, it is noticed that Plaintiff has pleaded that he was shifted to his newly purchased premises and he had kept valuable articles like golden ornaments in suit premises along with other articles like furniture, T.V. etc.  It can not be believed that Plaintiff would have left behind the  golden ornaments in the locked suit premises and he would have shifted to his newly purchased premises. It seems that Plaintiff is trying to exaggerate the facts and as already observed Plaintiff even has not given exact date of his dispossession hence it becomes clear that Plaintiff is not knowing exact date of suit premises.  Plaintiff\''s advocate submitted that according to Plaintiff he is dis-possessed from suit premises on 07/08/2019 however in plaint no where the exact date of dispossession is given by Plaintiff in such circumstances I find that ad-interim relief as prayed by Plaintiff can not be granted.  It is made clear that, Notice of Motion will be decided on merits after filing detailed reply filed by Defendants.
    Case is adjourned to 09/03/2020 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 09-03-2020
    
    Date: 09-03-2020
    Business: Advocate Sahil Ansari for Plaintiff present
    Advocate Rajgole for Defendant present and sought time to file NM reply.  Considering submissions adjourned.
    Case is adjourned to 27/04/2020 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 27-04-2020
    
    Date: 27-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 18-05-2020
    
    Date: 18-05-2020
    Business: Due to Covid 19 pandemic, matters are adjourned as per Office order no.77.2020
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 05-06-2020
    
    Date: 05-06-2020
    Business: Case is adjd.to 23.06.20 in view of extension of Lockdown period as per office order no.83/20 dtd.01.06.20
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 23-06-2020
    
    Date: 23-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 20-08-2020
    
    Date: 20-08-2020
    Business: Adjourned due to Covid-19.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 04-11-2020
    
    Date: 04-11-2020
    Business: None present for Plaintiffs.
    None present for Defendants.
    It seems that due to Corona pandemic, parties are absent, hence case is adjourned to  04/02/2021 for Notice of Motion reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 04-02-2021
    
    Date: 04-02-2021
    Business: Adv Mr. Singh for plff. present and seeks time to tender registered NM 1025/2020.
    Adv Mr. Jugal Varma for deft present and seeks time to file reply to said NM.
    By consent, matter is adjd. for tendering registered NM by the plff and for reply of deft to 26.03.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 26-03-2021
    
    Date: 26-03-2021
    Business: Adv.Ankita Jain for Plaintiff present.
    Adv. Ajit Rajgole for Defendant present and filed reply in NM No.1025 of 2020. He also filed draft NM alongwith affidavit in support for delay condonation. O-leave to register is granted.
    Proposed WS of defendant is kept on record with direction that it will be considered only if the NM for delay condonation is allowed.
    Advocate for plaintiff seeks time to tender registered NM No.1025 of 2020.
    By consent, matter adjourned for NM reply and rejoinder to 16/06/2021.
                                                          Judge.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-06-2021
    
    Date: 16-06-2021
    Business: Adv Ms. Vedanshi Shah h/f Adv Mr.Joshi for plff present and seeks extended time to tender registered NM No.1025/2020. O- Time extended till next date.
    None present for deft.
    Adv. for the plff also seeks time to file reply to the NM taken out by the deft on the previous date.
    As nobody is present for the deft, considering the present pandemic condition, matter is adjd. at same stage till next date.
    Matter is adjd. for NM reply to 12.08.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 12-08-2021
    
    Date: 12-08-2021
    Business: Adv Ms. Priya Lad for plff present.
    Adv Mr. Rajgole for defts present and tendered registered N.M.No.1195/2021 along with affidavit in support.
    Adv. for plff seeks time to file reply.
    By consent, matter is adjd. for NM reply to 21.09.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 21-09-2021
    
    Date: 21-09-2021
    Business: Adv Ms.Vendanshi Shah for plff present and tendered registered N.M.No.1025/2020 along with affidavit in support. She seeks time to file rejoinder in said NM. O- Time granted till next date. She also seeks time to file reply to N.M.No.1195/2021. O- Time granted till next date.
    None present for deft.
    Matter is adjd. for NM rejoinder and NM reply to 26.11.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 26-11-2021
    
    Date: 26-11-2021
    Business: Court is on leave.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 25-01-2022
    
    Date: 25-01-2022
    Business: Due to Covid-19, matter is adjd.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 21-03-2022
    
    Date: 25-01-2022
    Business: Due to Covid-19, matter is adjd.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 21-03-2022
    
    Date: 25-01-2022
    Business: Due to Covid-19, matter is adjd.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 21-03-2022
    
    Date: 21-03-2022
    Business: None present for plff.
    Adv Mr. Rajgole present for deft.and submitted that reply to NM No.1025/2020 is already filed by the deft.
    As nobody present for plff, NM No.1195/2021 of the deft to proceed without reply of the plff.
    Matter is adjd. for NM hearing to 28.06.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-06-2022
    
    Date: 28-06-2022
    Business: Adv.Sakshi Agarwal for plaintiff present.
    Adv.Ajit Rajgole for deft. present.
    The pltff. wants to take instructions regarding reply in NM No.1195/21 and wants to argue therein.
    Matter adjd to 18.08.2022 at morning for steps by the pltff in NM 1195/21 and hearing of both NM.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-08-2022
    
    Date: 18-08-2022
    Business: None present for plaintiff.
    Adv.Reshma Rajgole h/f.Adv.Ajit Rajgole for deft. Nos.1 and 2 present. She orally requested for adjournment.
    Heard Adv.for defts. in NM No.1195/2021 (delay).
    KB
    LO at 01.00 pm
    Adv.Reshma Rajgole h/f.Adv.Ajit Rajgole for deft. Nos.1 and 2 present.
    Adv.Sakshi Agarwal for plaintiff present. She filed handwritten reply raising objection in NM No.1195/2021.
    Heard Adv.for plaintiff in NM No.1195/2021 (delay).
    Matter adjd to 20.08.2022 for NM order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 20-08-2022
    
    Date: 18-08-2022
    Business: None present for plaintiff.
    Adv.Reshma Rajgole h/f.Adv.Ajit Rajgole for deft. Nos.1 and 2 present. She orally requested for adjournment.
    Heard Adv.for defts. in NM No.1195/2021 (delay).
    KB
    LO at 01.00 pm
    Adv.Reshma Rajgole h/f.Adv.Ajit Rajgole for deft. Nos.1 and 2 present.
    Adv.Sakshi Agarwal for plaintiff present. She filed handwritten reply raising objection in NM No.1195/2021.
    Heard Adv.for plaintiff in NM No.1195/2021 (delay).
    Matter adjd to 20.08.2022 for NM order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 20-08-2022
    
    Date: 20-08-2022
    Business: None present for plaintiff.
    Adv.Ajit Rajgole for defendant No.1 and 2 present.
    F.R.S.R. the following order is passed.
    ORDER
    1. Notice of Motion No.1195/2021 is allowed.
    2. Delay in filing written statement by the defendants is condoned.
    3. The defendants are allowed to file their written statement.
    4. Costs of this notice of motion shall follow the event.
    5. Notice of Motion No.1195/2021 is disposed of accordingly.
    In view of above order written statement filed by deft.No.1 and 2 is t.o.r. and marked as Exh.4.
    Matter adjd to 10.11.2022 for framing of issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 10-11-2022
    
    Date: 10-11-2022
    Business: Adv.Ajit Rajgole for deft. present. He submits that by today\''s order this suit is transferred to CR No.66. The plaintiff is absent. Sheristedar to verify about the order of transfer and comply accordingly.
    KB
    LO at 02.45 pm
    Adv. Sakshi Agarwal for plaintiff present, she submits that suit has been transferred to C.R. No. 66
    Adv. Sneha Nandgaonkar for Defendant present.
    Matter adj. to  07.12.2022  for Compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 07-12-2022
    
    Date: 07-12-2022
    Business: Adv. Siddhant Singh h/f Adv. Bipin Joshi  for plaintiff present.
    Adv. Ankita Ture  for defendant present.
    Matter is adjd.to 17-01-2023 for issues, NM Hrg. 11.00 am.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-01-2023
    
    Date: 17-01-2023
    Business: Adv. Gaurav Gadhatra for plaintiff present and submitted that he wants to withdraw Suit. He  prayed for adjournment  - allowed
    Adv. Ajit Rajgole for defendant present.
    Matter is adjd.to 06-02-2023 for evidence of PW - 1 Satish  in  Suit no. 634/12 and NM Hrg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-02-2023
    
    Date: 17-01-2023
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-02-2023
    
    Date: 06-02-2023
    Business: Adv.  Gaurav Gadatra for plaintiff present.
    Adv. Ajit Rajgole for defendant present and prayed for adjournment - allowed
    Matter is adjd.to 15-03-2023 for  evidence of PW - 1 Satish in suit no. 634/12
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 15-03-2023
    
    Date: 15-03-2023
    Business: None for plaintiff.
    Adv. Ajit Rajgole for defendant present.
    LO at 12.00 pm.
    Adv. Sindhukala K.  for plaintiff present.
    Matter is adjd.to 18-04-2023 for evidence of PW - 1 Satish in suit no. 634/12 on Exh. 9
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 18-04-2023
    
    Date: 18-04-2023
    Business: None for plaintiff.
    Adv. Ajit Rajgole for defendant  present.
    Matter is adjd.to 05-07-2023 for evidence of PW - 1 Satish in suit no. 634/12 on Exh. 9
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 05-07-2023
    
    Date: 05-07-2023
    Business: Adv. Sakshi Agarwal for plaintiff present and seek adjourment for withdrawal of suit as plaintff do not want to continue with the suit. Considering the above submission adjourment granted.
    Adv. Ajit Rajgole for defendant present.
    Matter adjourned to 29/08/2023 for withdrawal.
    Next Purpose: WITHDRAWAL
    Next Hearing Date: 29-08-2023
    
    Date: 05-07-2023
    Business: Adv. Sakshi Agarwal for plaintiff present and seek adjourment for withdrawal of suit as plaintff do not want to continue with the suit. Considering the above submission adjourment granted.
    Adv. Ajit Rajgole for defendant present.
    Matter adjourned to 29/08/2023 for withdrawal.
    Next Purpose: WITHDRAWAL
    Next Hearing Date: 29-08-2023
    
    Date: 29-08-2023
    Business: None for  plaintiff present.
    Adv. Ajit Rajesh for defendant present.
    Matter adjourned for withdrawal 13.09.2023.
    Next Purpose: WITHDRAWAL
    Next Hearing Date: 13-09-2023
    
    Date: 29-08-2023
    Business: None for  plaintiff present.
    Adv. Ajit Rajesh for defendant present.
    Matter adjourned for withdrawal 13.09.2023.
    Next Purpose: WITHDRAWAL
    Next Hearing Date: 13-09-2023
    
    Date: 13-09-2023
    Business: Adv. Sakshi Agarwal for plaintiff present.
    Adv. A. Rajghole for defendant present.
    Today matter is kept for withdrawal of suit/dismissal for want of prosecution. The roznma shows that plaintiff Mr. Satish Kamat is supposed to remain present for cross examination but since long plaintiff is absent. The plaintiff  many times submitted that he is withdrawing suit along with counter claim and on that ground seek 5 to 6 times adjournment, so  it shows that plaintiff is not interested to continue with the suit, thus there is no point in keeping matter pending. Considering this I passed following order :-
    1) Suit no. 72 of 2020 is dismissed for want of prosecution.
    2) Notice of Motion No. 1025 of 2020 is also disposed off.
    3) Proceeding closed.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 13-09-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 113916/2019
    Filing Date: 16-12-2019
    First Hearing Date: 28th January 2020
    Decision Date: 13th September 2023
    Court Number And Judge: 66-COURT 66 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    13 Sept 2023
    Order Details: Other
    Pdf Text: Back
    Daily Status
    IN THE COURT OF :COURT 66 ADDL SESSIONS JUDGE
    Case No. :SUIT/0100072/2020
    Dr. Satish Shrikrishna Kamath Vs Dilip Ramaraya Bhandarkar
    Date : 13-09-2023
    Business : Adv. Sakshi Agarwal for plaintiff present. Adv. A. Rajghole
    for defendant present. Today matter is kept for withdrawal of
    suit/dismissal for want of prosecution. The roznma shows that
    plaintiff Mr. Satish Kamat is supposed to remain present for
    cross examination but since long plaintiff is absent. The
    plaintiff many times submitted that he is withdrawing suit
    along with counter claim and on that ground seek 5 to 6 times
    adjournment, so it shows that plaintiff is not interested to
    continue with the suit, thus there is no point in keeping matter
    pending. Considering this I passed following order :- 1) Suit
    no. 72 of 2020 is dismissed for want of prosecution. 2) Notice
    of Motion No. 1025 of 2020 is also disposed off. 3)
    Proceeding closed.
    Nature of Disposal : DISMISSED IN DEFAULT
    Disposal Date : 13-09-2023
    COURT 66 ADDL SESSIONS JUDGE
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