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SUIT - SHORT CAUSE CIVIL SUIT

Arvind Hukumchand ShahVsMHADA +2 more

CNR MHCC0101319920199-COURT 09 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 21st October 2023

TrustJury record updated 24 Sept 2026

Case Overview

Registration Number
103376/2019
Registration Date
17 Dec 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    4

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 17-01-2020
    Next Purpose: DIRECTIONS
    Next Hearing Date: 27-03-2020
    
    Date: 27-03-2020
    Next Purpose: DIRECTIONS
    Next Hearing Date: 08-04-2020
    
    Date: 08-04-2020
    Next Purpose: DIRECTIONS
    Next Hearing Date: 20-04-2020
    
    Date: 20-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: DIRECTIONS
    Next Hearing Date: 11-05-2020
    
    Date: 11-05-2020
    Next Purpose: DIRECTIONS
    Next Hearing Date: 30-05-2020
    
    Date: 30-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: DIRECTIONS
    Next Hearing Date: 17-06-2020
    
    Date: 17-06-2020
    Business: Lockdown
    Next Purpose: DIRECTIONS
    Next Hearing Date: 02-11-2020
    
    Date: 02-11-2020
    Business: Due to lockdown because of Covid-19, board is discharged and as per SOP only urgent matters are taken up.
    Matter is adjd. to 17.12.2020.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 17-12-2020
    
    Date: 17-12-2020
    Business: Court is on Leave.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 03-04-2021
    
    Date: 03-04-2021
    Business: Due to SOP only urgent matter  are taken up. Hence, the Board is
    discharged.
    Matter is adjd. to 14.06.2021 for directions
    Next Purpose: DIRECTIONS
    Next Hearing Date: 14-06-2021
    
    Date: 14-06-2021
    Business: due to covid-19
    Next Purpose: DIRECTIONS
    Next Hearing Date: 26-07-2021
    
    Date: 26-07-2021
    Business: Court is on leave
    Next Purpose: DIRECTIONS
    Next Hearing Date: 22-09-2021
    
    Date: 22-09-2021
    Business: None for plaintiff.
    Adv. Sujata Natekar for D/1 present.
    Since long leave is granted to register NM.  That NM is registered by 468/20 and 4912/19 but till today the same is not furnished by plaintiff before the court.  This is not proper practice.  However record disclosed that till today deft.no.1 is not served summons.  Therefore plff. is directed to take steps regarding observation otherwise necessary order will be passed on next date.
    Matter is adjd. to 9/11/2021 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 09-11-2021
    
    Date: 09-11-2021
    Business: Court is on leave.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 06-01-2022
    
    Date: 06-01-2022
    Business: Court is on Leave.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 14-03-2022
    
    Date: 14-03-2022
    Business: None present for Plff.
    Plff. is absent.No steps are taken.
    Adv. Kandekar for Deft. No. 1/MHADA present.
    Matter is adjd. to 15-06-2022 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 15-06-2022
    
    Date: 15-06-2022
    Business: None present for parties
    No steps have taken.
    Matter is adjd. to 10-08-2022 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 10-08-2022
    
    Date: 10-08-2022
    Business: None present for plaintiff.
    Adv Pathak H/f Adv Kandekar present for MHADA/Deft.no. 1 and 2.
    Perusing record it appears that NM no 468/20 and NM No. 4912/19 not tendered by the Plaintiff.
    Since long the matter is pending for taking steps, if the plaintiff fails to take the steps NM will be dismiss on next date.
    Matter is adjd. to 30.08.2022 for NM dismissal.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 30-08-2022
    
    Date: 30-08-2022
    Business: None present for plaintiff.
    Adv Pathak H/f Adv Kandekar present for MHADA/Deft.no. 1 and 2
    Adv. Sujata Natekar for defendant no. 3 present.
    The plaintiff not tendered the register NM. The matter is kept for dismissal order on the next date.
    Matter is adjd. to 17.09.2022 for NM dismissal
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 17-09-2022
    
    Date: 17-09-2022
    Business: None present for plaintiff.
    Adv Pathak H/f Adv Kandekar present for MHADA/Deft.no. 1 and 2.
    It appears that both the original NM No. 468/2020 and NM No.4912/2019 are not tendered by the plaintiff and deft.no.3.
    The plaintiff and deft.no. 3 are absent for hearing of NM Nos. 3912/19 and 468/20. Both NMs was kept for dismissal since 10.08.2022. Sufficient opportunities have been given to plaintiff and deft.no. 3 for hearing of respective NMs. Today also plaintiff and deft.no. 3 are absent for hearing. It appears that they do not want to proceed with this NMs. Hence, both NM is hereby dismissed for want of prosecution.
    Matter is adjd. to 23.11.2022 for W/St.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 23-11-2022
    
    Date: 23-11-2022
    Business: None present for plaintiff.
    Adv. Pathak h/f Adv. Kandekar for deft no. 1/MHADA present.
    Adv. Sujata Natekar for defendant no. 3 present.
    The adv. for deft. no. 1 and 3 submitted that the suit summons are not duly served to them. Therefore, plaintiff is directed to take necessary steps otherwise plaintiff\''s suit will be dismissed for want of not taking steps.
    Matter is adjd. to 19.12.2022 for Written Statement.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 19-12-2022
    
    Date: 19-12-2022
    Business: None present for plaintiff.
    Adv. Pathak h/f Adv. Kandekar for MHADA/Deft present and seeking time for filing WS. Time granted subject to limitation.
    it appears that writ of summons was not duly served to deft.no. 1 and 3. Direction was given to plaintiff but today plaintiff is absent and not complied the same.
    Matter is adjourned to 14.02.2023 for Written Statement.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 14-02-2023
    
    Date: 14-02-2023
    Business: As Court is busy in High Court Time Bound matter i.e. Suit No. 833/2015.  Hence, Board is discharged.
    Matter is adjourned to 24.03.2023 for written statement.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 24-03-2023
    
    Date: 24-03-2023
    Business: court is on leave
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 23-06-2023
    
    Date: 23-06-2023
    Business: None present for plaintiff.
    Adv. Ms. Sujata D. Natekar i/b Advocate Vijay Vaghela for defendant no.3 is present.
    Adv Pushapa Thapa for defendant nos.1 and 2 present.
    Exh.5 -Advocate for defendant no.3 filed application for dismissal of the suit.
    O. -Other side to say.
    Advocate for defendant no.3 submitted that writ of summons is not served upon defendant and prayed for dismissal of the suit.
    Adjourned for compliance to 10.08.2023.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 10-08-2023
    
    Date: 10-08-2023
    Business: None present for the plaintiff.
    Adv. Ms. Harshida Darji h/f Adv. Kandekar for defendant Nos. 1 and 2/MHADA is present.
    Adv. Ms. Sujata Natekar i/b Adv. Vaghela for defendant No. 3 is present.
    On perusal of roznama it shows that plaintiff is not appearing and proceeding with the matter since many dates. Hence, his both NMs are also dismissed for want of prosecution.
    Advocate for defendant No. 3 filed application at exhibit 05 for keeping matter for dismissal. Since, plaintiff is not appearing and taking steps into the matter. Hence, matter is posted for dismissal Order.
    Matter is adjourned to 16.10.2023 for Dismissal Order
    Next Purpose: DISMISSAL
    Next Hearing Date: 16-10-2023
    
    Date: 16-10-2023
    Business: None present for the plaintiff.
    Adv. Ms. Harshida Darji h/f Adv. Kandekar for defendant No.2 /MHADA is present.
    Adv. Ms. Sujata Natekar for defendant No. 3 is present.
    It appears from the roznama that plaintiff is not appearing since many dates. Today, also plaintiff is absent. Hence, matter is kept for dismissal Order.
    Matter is adjourned to 21.10.2023 for dismissal Order
    Next Purpose: DISMISSAL
    Next Hearing Date: 21-10-2023
    
    Date: 21-10-2023
    Business: None present for both the sides.
    Order below exhibit 01:
    Plaintiff absent when called out repeatedly. On perusal of roznama it reveals that plaintiff is not appearing and proceeding with the matter since many dates. Hence, matter was kept for dismissal Order. Thereafter, also plaintiff failed to appear and proceed with the matter. Thus, it shows that plaintiff is not interested to proceed with the matter. Hence suit stands dismissed for want of prosecution.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 21-10-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 113995/2019
    Filing Date: 17-12-2019
    First Hearing Date: 17th January 2020
    Decision Date: 21st October 2023
    Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    21 Oct 2023
    Order Details: Other
    Pdf Text: -- 1 of 2 --
    21.10.2023
    Sr. No. 09
    CORAM: H.H.J. SHRI. V.V. PATIL (C.R. NO.09)
    SU 3376/19 None present for both the sides.
    Order below exhibit 01:
    Plaintiff absent when called out repeatedly. On perusal of roznama
    it reveals that plaintiff is not appearing and proceeding with the
    matter since many dates. Hence, matter was kept for dismissal
    Order. Thereafter, also plaintiff failed to appear and proceed with
    the matter. Thus, it shows that plaintiff is not interested to proceed
    with the matter. Hence suit stands dismissed for want of
    prosecution.
    Judge
    -- 2 of 2 --

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