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SUIT - SHORT CAUSE CIVIL SUIT

Laxmi alias Radha Anand Waghchure +4 moreVsSanjay Anand Waghchure +2 more

CNR MHCC01013293201962-COURT 62 AD-HOC ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 16th September 2023

TrustJury record updated 24 Sept 2026

Case Overview

Registration Number
100125/2020
Registration Date
07 Jan 2020

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    8

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    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 submitted that Plaintiff is intending to file draft Notice of Motion and its copy is already served upon Defendants.
    Advocate Mr. Mangesh Nalavde for Defendant no.3 present and filed  vakalatnama for Defendant no.3, t.o.r.  He submitted that legible copy of plaint, documents annexed to the plaint and Notice of Motion is not served upon Defendant no.3.  Plaintiff is directed to serve legible copies of the documents upon Defendant no.3.
    K.B.
    L.O. at 2.45 p.m.
    Advocate Ms. Shagupta Shaikh 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.  If already served, Plaintiff to file affidavit of service of Notice of Motion. Plaintiff is also directed to file affidavit of service of writ of summons.
    Advocate Mr. Mangesh Nalavde for Defendant no.3 present
    Case is adjourned to 29/02/2020 for Service/NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 29-02-2020
    
    Date: 29-02-2020
    Business: Advocate Mr. T. B. Joshi for Plaintiff present and filed an application for reconstruction of Notice of Motion, t.o.r. O-Other side to say.
    Advocate Mr. Mangesh Nalavde for Defendant no.3 present
    On request of advocate for Plaintiff, case is adjourned to 21/03/2020 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-03-2020
    
    Date: 21-03-2020
    Business: Advocate for Plaintiff present
    None present for Defendant.
    In view of circular of Hon\''ble Principal Judge in respect of Corona Virus, only urgent matters are to be heard, hence case is adjourned to 12/06/2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-06-2020
    
    Date: 12-06-2020
    Business: In view of extension of Lockdown period case is adjd. to 07.08.2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-08-2020
    
    Date: 07-08-2020
    Business: Adjourned due to Covid-19.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-09-2020
    
    Date: 09-09-2020
    Business: Due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-12-2020
    
    Date: 03-12-2020
    Business: None present for Plaintiff.
    Adv.Mangesh Nalawade for Defendant no.3 present.
    It seems that due to Corona pandemic, parties are absent, hence case is adjourned to 17/02/2021 for Notice of Motion hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-02-2021
    
    Date: 17-02-2021
    Business: None present for plaintiff.
    Adv. Mangesh Nalawade for defendants present and seeks time to file reply to appln. Exh.3. Granted till next date as nobody is present for plaintiff.
    Adjd. reply on Exh.3 to 29/4/2021.
    Next Purpose: REPLY
    Next Hearing Date: 29-04-2021
    
    Date: 29-04-2021
    Business: Due to Covid matter is adjd.
    Next Purpose: REPLY
    Next Hearing Date: 30-07-2021
    
    Date: 30-07-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPLY
    Next Hearing Date: 20-10-2021
    
    Date: 20-10-2021
    Business: None present for plff.
    Adv Ms. Asmita Rajbhar h/f Adv MR. Nalawde for deft No.3 present and seeks time to file reply on Exh.3.
    As nobody is present for the plff,  time till next date is granted.
    Matter is adjd. for reply on Exh.3 to 23.12.2021.
    Next Purpose: REPLY
    Next Hearing Date: 23-12-2021
    
    Date: 23-12-2021
    Business: Court is on leave.
    Next Purpose: REPLY
    Next Hearing Date: 11-03-2022
    
    Date: 11-03-2022
    Business: None present for plff.
    Adv Ms. Asmita Rajbhar h/f Adv Nalawde present for deft No.3 and submitted that plff has not served copy of application Exh.3 on the deft No.3 till date. O-Plff is directed to serve copy of application Exh.3 on the defts if not already served.
    Matter is adjd. for compliance to 17.06.2022.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 17-06-2022
    
    Date: 17-06-2022
    Business: Court is on Leave.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 06-07-2022
    
    Date: 06-07-2022
    Business: Adv.Asmita Rajbhar for deft.3 present.
    Plaintiff absent. No compliance of roznama dated 18.03.2022.
    Matter adjd to 14.09.2022 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 14-09-2022
    
    Date: 14-09-2022
    Business: None present for both sides.
    Read the roznama dated 11.03.2022 and 06.07.2022, the plaintiff to serve copyof application Exh.3 to the defendant on or before next date without fail. In default application Exh.3 will be dismissed.
    Registered NM is not tendered.
    Matter adjd to 01.12.20221 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 01-12-2022
    
    Date: 01-12-2022
    Business: None present for both sides. The plaintiff failed to comply with directions in roznama dated 14.09.2022. Hence, application Exh.3 is dismissed for default.
    Matter adjd to 24.02.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-02-2023
    
    Date: 24-02-2023
    Business: Adv. Shagufta Ansari for plaintiff present.
    Adv. Asmita N. Rajbhar h/f Mangesh Nalawade for deft. no.3 present.
    As court is busy in dictation of judgment in suit no. 4883 of 2007 and 4964 of 2007 Hence matter adjourned.
    Matter adj. to 15-06-2023 for NM Hrg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-06-2023
    
    Date: 15-06-2023
    Business: None for plaintiff
    None for defendant
    Plaintiff directed to tender registered NM No. 634/20.
    Matter is adjd.to 05-08-2023 for filing registered NM
    Next Purpose: FOR___________________
    Next Hearing Date: 05-08-2023
    
    Date: 05-08-2023
    Business: None for plaintiff.
    None for defendant
    Matter is adjd.to 16-09-2023
    Next Purpose: FOR___________________
    Next Hearing Date: 16-09-2023
    
    Date: 16-09-2023
    Business: None for plaintiff.
    Adv. Asmita Rajbhar for defendant no. 3 present and she would make submission that despite a direction being given to the plaintiff to supply legible copy of plaint and the documents annexed therewith, vide order dtd. 03-02-2020, the plaintiff didnt comply the same nor does the plaintiff take effective steps in the matter. Hence, according to the Ld. Counsel for  defendant no. 3 the suit is liable to be dismissed for default. After perusal of the material available on record it is apparent that the plaintiffs have not yet served the defendants no. 1 and 2 with the writ of summons nor has taken any steps in that regard. The plaintiffs also doesnt appear to have complied with the order dtd. 03-02-2020 to supply the defendant no. 3 legible copy of the plaint and documents annexed therewith. In the overall of the matter therefore, I find substance in the contention made by The Ld. Counsel for  defendant no. 3 to dismissed the suit for default. The suits stands accordingly dismissed. The pending NM if any stands disposed off accordingly.
    Nature Of Disposal: DISMISSED
    Disposal Date: 16-09-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 114031/2019
    Filing Date: 18-12-2019
    First Hearing Date: 28th January 2020
    Decision Date: 16th September 2023
    Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    16 Sept 2023

    Order Details: Other Pdf Text: Back Daily Status IN THE COURT OF :COURT 62 ADDL SESSIONS JUDGE Case No. :SUIT/0100125/2020 Laxmi alias Radha Anand Waghchure Vs Sanjay Anand Waghchure Date : 16-09-2023 Business : None for plaintiff. Adv. Asmita Rajbhar for defendant no. 3 present and she would make submission that despite a direction being given to the plaintiff to supply legible copy of plaint and the documents annexed therewith, vide order dtd. 03-02-2020, the plaintiff didnt comply the same…

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