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SUIT - SHORT CAUSE CIVIL SUIT

Mr. Vijaypal Ahibaran YadavVsM/s. Omkar Realtor Project Pvt. Ltd.

CNR MHCC0101337520191-COURT 01 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--LOKADALAT
Decision Date: 28th September 2024

TrustJury record updated 24 Sept 2026

Case Overview

Registration Number
100459/2020
Registration Date
06 Feb 2020

Advocates

1

For Respondent

    Not available

    Parties

    2

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 27-02-2020
    Business: None for plaintiff.
    None for defendants.
    Exh. 1 Plaint
    Exh. 2 Vakalatnama of adv. of plaintiff.
    Exh. 3 Address memorandum.
    Exh. 4 List of documents.
    Issue writ of summons to the defendant for settlement of issues.
    Adjd to  30-04-2020 for  Service.
    Next Purpose: SERVICE
    Next Hearing Date: 30-04-2020
    
    Date: 30-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SERVICE
    Next Hearing Date: 21-05-2020
    
    Date: 21-05-2020
    Business: In view of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pademic by WHO and as per Office Order 78 of 2020, matter adjourned
    Next Purpose: SERVICE
    Next Hearing Date: 09-06-2020
    
    Date: 09-06-2020
    Business: In view of declaration of Novel Corona Virus (COVID 19 as Global Pandemic by WHO and Office Order No.83/2020, matter is adjourned.
    Next Purpose: SERVICE
    Next Hearing Date: 29-09-2020
    
    Date: 29-09-2020
    Business: Both the parties are absent.  Due to Covid-19, the matter is adjourned to 15.12.2020.
    Next Purpose: SERVICE
    Next Hearing Date: 15-12-2020
    
    Date: 15-12-2020
    Business: Adv. Shahin Sayyad for plaintiff present.
    None for deft.
    Ld. counsel for plaintiff seeks extension of writ of summons.  O. - Granted.
    The matter is adjd for service to 15.03.2021.
    Next Purpose: SERVICE
    Next Hearing Date: 15-03-2021
    
    Date: 15-03-2021
    Business: None present.
    Plaintiff failed to file proof of service.  Plaintiff to file service affidavit on or before next date.
    The matter is adjd for affidavit of service to 05.05.2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 05-05-2021
    
    Date: 05-05-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 11-08-2021
    
    Date: 11-08-2021
    Business: None present.
    Issue notice to both the parties for attending National Lok Adalat scheduled to be held on 25.09.2021 at 10.00 a.m.
    Matter adjd for Lok Adalat on 25.09.2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 25-09-2021
    
    Date: 25-09-2021
    Business: Matter pertaining to C.R.No.1
    None appeared.
    Matter be kept on 27/10/2021 before regular Court.
    Next Purpose: FOR___________________
    Next Hearing Date: 27-10-2021
    
    Date: 27-10-2021
    Business: None present.
    Keep for dismissal.
    Matter adjd for dismissal on 07.02.2022.
    Next Purpose: DISMISSAL
    Next Hearing Date: 06-12-2021
    
    Date: 06-12-2021
    Business: N.O.B. T.O.B.
    Issue Notice to all the parties for attending the National Lok Adalat Schedule to be held on 11.12.2021 at 10.00 am.
    Adjd. To 11.12.2021 for Lok Adalat.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 11-12-2021
    
    Date: 11-12-2021
    Business: None present.
    Matter is already adjd to 24.02.2022.
    Next Purpose: FOR___________________
    Next Hearing Date: 24-02-2022
    
    Date: 24-02-2022
    Business: None present.
    Keep for dismissal.
    Matter is adjd to 27/06/2022 for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 27-06-2022
    
    Date: 27-06-2022
    Business: P.O. is on leave. Matter adjd to
    Next Purpose: DISMISSAL
    Next Hearing Date: 06-09-2022
    
    Date: 06-09-2022
    Business: Adv. Pallavi Gaikwad for plaintiff is present.
    None present for defendant.
    KB LO at 12.15 p.m.
    Same appearance.
    The Ld. Adv.for plaintiff has filed an application for removing the caption of dismissal and to keep the matter for issues t.o.r marked as Exh.5. Allowed. The matter is remove from the caption from dismissal and kept for  issues.
    Matter adjd to 28.11.2022 for draft issues.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 28-11-2022
    
    Date: 28-11-2022
    Business: Adv. Pallavi Gaikwad for plaintiff is present.
    None present for defendant.
    On oral request of Ld.Adv.for plaintiff matter adjourned for draft issues.
    Matter adjd to 16.01.2023 for draft issues.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 16-01-2023
    
    Date: 16-01-2023
    Business: Adv.Shahin Sayyed for plaintiff is present.
    None present for defendant
    Matter adjd to 27.03.2023 for draft issues.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 27-03-2023
    
    Date: 27-03-2023
    Business: Adv. S.K.Pise for plaintiff is present.
    None present for defendant.
    Matter adjd to 26.06.2023 for draft issues.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 26-06-2023
    
    Date: 26-06-2023
    Business: Adv. S.K. Pise for plaintiff is present.
    None present for defendant.
    On oral request of advocate for plaintiff last chance given for filing draft issues.
    Matter adjd to 14.08.2023 for draft issues.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 14-08-2023
    
    Date: 14-08-2023
    Business: Adv. Pallavi Gaikwad for plaintiff is present
    None present for defendant.
    On oral request of plaintiff, matter is adjourned.
    Matter adjd to 18.10.2023 for draft issues.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 18-10-2023
    
    Date: 18-10-2023
    Business: None present for plaintiff and defendant.
    Upon perusal of record it reveals that yet the plaintiff has not served writ of summons on the defendant. However inadvertently the matter is shown under the caption of draft issue. Therefore it be removed from the caption of draft issue and last chance granted to the plaintiff to file affidavit of service, else appropriate order will be passed.
    Matter stands adjourned on 12.01.2024 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 12-01-2024
    
    Date: 12-01-2024
    Business: P.O is on leave
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 12-02-2024
    
    Date: 12-02-2024
    Business: None present for plaintiff and defendant.
    Matter adjd to 29.04.2024 for affidavit of service/steps.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 29-04-2024
    
    Date: 29-04-2024
    Business: Adv. Sayeed for plaintiff is present and seek time for service of writ of summons. O- Time granted.
    None present for defendant.
    Matter adjd to 01.07.2024 for steps on the request of Adv. for plaintiff.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 01-07-2024
    
    Date: 01-07-2024
    Business: Adv. Pallavi Gaikwad h/f Pise for plaintiff is present and seek time for service of writ of summons. O- Time granted as last chance.
    None present for defendant.
    Matter adjd to 05.08.2024 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 05-08-2024
    
    Date: 05-08-2024
    Business: Adv. Shaheen Sayyed for plaintiff is present and seek time. O- Time granted as last chance, on failure further order will be passed on next date.
    None present for defendant.
    Matter adjd to 21.09.2024 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 21-09-2024
    
    Date: 21-09-2024
    Business: Adv. Pallavi Gaikwad for plaintiff is present.
    Plaintiff present.
    None present for defendant.
    The Ld. Adv. for plaintiff requested to refer matter before Lok Adalat and also undertake to give notice to defendant. There is element of settlement. Hence, matter be referred before Lok Adalat to be held on 28.09.2024.
    Matter adjd to 28.09.2024 for Lok Adalat.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 28-09-2024
    
    Date: 28-09-2024
    Business: Matter pertains to C.R. No. 01
    Plaintiff absent.
    Advocate Pallavi Gaikwad for Plaintiff present.
    None present for Defendant.
    KB
    Later on at 1.21 p.m.
    Plaintiff present.
    Advocate Pallavi Gaikwad for Plaintiff present and filed application for withdrawal of suit. Taken on record. marked as Exh.6. O.- Plaintiff is present with his advocate. He wants to withdraw the suit. Hence permission granted to withdraw the suit.
    None present for Defendant.
    Memo filed. Taken on record. marked as Exh.7. O.- Read and recorded.
    ORDER BELOW EXH.1
    Plaintiff is present along with the advocate. Plaintiff wants to withdraw the suit unconditionally. He filed application at Exh.6 and  memo at Exh.7 for withdrawal of suit. In view of application at Exh.6 and memo at Exh.7 suit is disposed off as withdrawn. Parties to bear their respective cost. Court fee be refunded to the plaintiff as per rule.
    Proceeding closed.
    Adv. Ms.Priya Bharatbushan Chivarikar (Panel Member)
    HHJ. Shri.A.S.Salgar (Panel Head)
    Nature Of Disposal: LOKADALAT
    Disposal Date: 28-09-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 114151/2019
    Filing Date: 19-12-2019
    First Hearing Date: 27th February 2020
    Decision Date: 28th September 2024
    Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    28 Sept 2024
    Order Details: Other
    Pdf Text: 28.09.2024 NATIONAL LOK-ADALAT HELD ON 28.09.2024 (Panel-04)
    Sr. No. 31
    Suit
    459/2020
    Exh.6
    Exh.7
    Matter pertains to C.R. No. 01
    Plaintiff absent.
    Advocate Pallavi Gaikwad for Plaintiff present.
    None present for Defendant.
    KB
    Later on at 1.21 p.m.
    Plaintiff present.
    Advocate Pallavi Gaikwad for Plaintiff present and filed application for
    withdrawal of suit. Taken on record. marked as Exh.6. O.- Plaintiff is
    present with his advocate. He wants to withdraw the suit. Hence
    permission granted to withdraw the suit.
    None present for Defendant.
    Memo filed. Taken on record. marked as Exh.7. O.- Read and recorded.
    ORDER BELOW EXH.1
    Plaintiff is present along with the advocate. Plaintiff wants to withdraw
    the suit unconditionally. He filed application at Exh.6 and memo at
    Exh.7 for withdrawal of suit. In view of application at Exh.6 and memo
    at Exh.7 suit is disposed off as withdrawn. Parties to bear their
    respective cost. Court fee be refunded to the plaintiff as per rule.
    Proceeding closed.
    Adv. Ms.Priya Bharatbushan Chivarikar HHJ. Shri.A.S.Salgar
    Panel Member Panel Head
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