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SUIT - SHORT CAUSE CIVIL SUIT

Salil Arun Lanjekar +1 moreVsSatish Purustottam Khedekar +1 more

CNR MHCC01015999201862-COURT 62 AD-HOC ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 21st April 2025

TrustJury record updated 15 Sept 2026

Case Overview

Registration Number
100468/2019
Registration Date
20 Feb 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    4

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 39

    Case History / Proceedings

    Case History
    Date: 13-03-2019
    Business: Board department has not sent the matter.
    None for plaintiff.
    None for defendant.
    Hence kept back. Later on at 12.40 pm. Adv.  Ms .Bane for plaintiff present. Time extended for writ of summons.
    Writ of summons served through bailiff as well as registered post.
    Matter adj. for Affidavit of Service to 30.07.2019.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 10-04-2019
    
    Date: 10-04-2019
    Business: Not on Board Taken on Board By Precipe
    Adv. Khandeparkar for plaintiff present and filed draft notice of motion along with affidavit. Leave granted to register draft notice of motion.
    Adv. Prabhavalkar for defendant present and filed VP on behalf of defendant. He also filed reply in draft NM. Written statement be filed within 30 days from today by moving precipe.
    Heard both sides partly in draft NM. The Ld. Counsel for plaintiff submits that the plaintiff has made payment of Rs. 45 lacs towards sale consideration of suit flat. Ld. Counsel for defendants submits that his clients have received payment of Rs.20/- lacs and they are ready to deposit the said amount in Court in one month. He submits that till the deposit made, his client will not create third party interest in the suit property. Without prejudice rights and contentions to both sides, the defendants are permitted to deposit Rs. 20 lacs in this Court within one month. If the amount is deposited as undertaken, the Registrar is directed to invest the amount in a Nationalized Bank initially for a period of 3 year with auto renewal option. Both sides will explore the possibility of settlement.
    D-1 and 2 are senior citizens. Hence as per office order no.66/2019  dated 4.4.2019, matter be re-assigned to C.R. No.9.
    Matter already adj. to 30.07.2019 for Compliance and NM Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-07-2019
    
    Date: 30-07-2019
    Business: Court is busy in hearing Chamber Summons in suit no.9480/93 and dictating order on NM in suit no.8316/95, board of second session is discharged and case is adjourned to 19/11/2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-11-2019
    
    Date: 19-11-2019
    Business: Court is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-02-2020
    
    Date: 13-02-2020
    Business: Adv. Ujwala Bane for Plaintiff present and filed affidavit of service.
    None present for Defendant.
    As Court is busy in dictating Judgment in Suit No. 3677/11, board is discharged.
    Case is adjourned to 28/4/2020 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-04-2020
    
    Date: 13-02-2020
    Business: Adv. Ujwala Bane for Plaintiff present and filed affidavit of service.
    None present for Defendant.
    As Court is busy in dictating Judgment in Suit No. 3677/11, board is discharged.
    Case is adjourned to 28/4/2020 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-04-2020
    
    Date: 28-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-05-2020
    
    Date: 28-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-05-2020
    
    Date: 19-05-2020
    Business: Due to Covid 19 pandemic, matters are adjourned as per Office order no.78.2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-06-2020
    
    Date: 06-06-2020
    Business: Case is adjd.to 24.06.20 in view of extension of Lockdown period as per office order no.83/20 dtd.01.06.20
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-06-2020
    
    Date: 06-06-2020
    Business: Case is adjd.to 24.06.20 in view of extension of Lockdown period as per office order no.83/20 dtd.01.06.20
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-06-2020
    
    Date: 24-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-08-2020
    
    Date: 21-08-2020
    Business: Adjd. to 08.10.2020 due to Covid-19.
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-10-2020
    
    Date: 08-10-2020
    Business: None present for plaintiffs.
    None present for Defendants.
    Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 11/01/2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-01-2021
    
    Date: 11-01-2021
    
    Date: 08-04-2021
    Business: None present for both the parties.
    Considering the present pandemic condition, matter is adjd. at same stage till next date beyond summer vacation.
    Matter is adjd. for NM hearing to 22.06.2021.
    Judge
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-06-2021
    
    Date: 22-06-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-08-2021
    
    Date: 23-08-2021
    Business: Court is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-10-2021
    
    Date: 23-08-2021
    Business: Court is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-10-2021
    
    Date: 16-10-2021
    Business: Holiday declare, hence matter adjd.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-10-2021
    
    Date: 16-10-2021
    Business: Holiday declare, hence matter adjd.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-10-2021
    
    Date: 23-10-2021
    Business: None present for both the parties.
    Matter is adjd. for order to 15.01.2022.
    Next Purpose: ORDER
    Next Hearing Date: 15-01-2022
    
    Date: 15-01-2022
    Business: Adjd Due  to covid 19
    Next Purpose: ORDER
    Next Hearing Date: 05-04-2022
    
    Date: 15-01-2022
    Business: Adjd Due  to covid 19
    Next Purpose: ORDER
    Next Hearing Date: 05-04-2022
    
    Date: 05-04-2022
    Business: Adv Mr. Khandeparkar present for plff. and filed draft Ch/s alongwith affidavit in support for bringing on record HLRs of deceased deft No.1. O- Leave to register is granted with  direction to serve the proposed legal heirs.
    None present for deft.
    Matter is adjd. for Ch/s service to 07.06.2022.
    Next Purpose: CHAMBER SUMMONS SERVICE
    Next Hearing Date: 07-06-2022
    
    Date: 07-06-2022
    Business: Adv.Khandeparkar for plaintiff present.
    Plaintiff sought time for filing register chamber summons. Time granted.
    Matter adjd to 08.07.2022 for Ch/s.
    Next Purpose: CHAMBER SUMMONS SERVICE
    Next Hearing Date: 08-07-2022
    
    Date: 08-07-2022
    Business: Adv.Khandepalkar for plaintiff present.
    None present for deft.
    Adv. of plaintiff tendered registered Ch/s. No.624/22 a/w. Affidavit t.o.r.
    The plaintiff to file service affidavit of chamber summons.
    Matter adjd to 23.08.2022 for filing service affidavit and reply.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 23-08-2022
    
    Date: 23-08-2022
    Business: None present for deft.
    Adv.Khandeparkar for plaintiff present. He filed affidavit of service  in chamber summons No.624/2022 t.o.r. and marked as Exh.5
    As Court is busy in dictating order  in NM 2070/22 and NM 2072/22, hence, adjourned.
    Matter adjd to 04.11.2022 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 04-11-2022
    
    Date: 04-11-2022
    Business: Adv.Harsha More for plaintiff present.
    None present for deft.
    Read the service affidavit Exh.5. The defendant No.2 and proposed defendant No.1a though served with the chamber summons failed to file reply, hence, chamber summons to proceed without reply.
    Matter adjd to 19.01.2023 for hearing of chamber summons.
    Next Purpose: C/S ARGUMENTS
    Next Hearing Date: 19-01-2023
    
    Date: 04-11-2022
    Business: Adv.Harsha More for plaintiff present.
    None present for deft.
    Read the service affidavit Exh.5. The defendant No.2 and proposed defendant No.1a though served with the chamber summons failed to file reply, hence, chamber summons to proceed without reply.
    Matter adjd to 19.01.2023 for hearing of chamber summons.
    Next Purpose: C/S ARGUMENTS
    Next Hearing Date: 19-01-2023
    
    Date: 19-01-2023
    Business: Adv. Harsha More h/f Adv. Ashutosh Khandeporkar for plaintiff present.
    None for defendant.
    Advocate for plaintiff submit that defendant no. 1 has expired.
    Ch/s is already filed. It is submitted that death certificate is not available. Plaintiff to make communication for the same with advocate for defendant no. 1. Advocate for defendant no. 1 to comply.
    Matter adj. to 23/03/2023 for hearing of ch/s and compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 23-03-2023
    
    Date: 23-03-2023
    Business: Court is on leave.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 08-06-2023
    
    Date: 23-03-2023
    Business: Court is on leave.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 08-06-2023
    
    Date: 08-06-2023
    Business: Adv. Nisha Patole for plaintiff present and filed adjournment application t.o.r. marked as Exh. 6 - allowed.
    None for defendant
    Matter is adjd.to  04-08-2023 for steps
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 04-08-2023
    
    Date: 04-08-2023
    Business: Adv. Handeparkar for plaintiff present.
    Proposed defendant (1a) Praful Khedekar present.
    Matter is adjd.to 30-08-2023 for Argument on Chammber summons by plaintiff.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 30-08-2023
    
    Date: 30-08-2023
    Business: Court is on leave.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 15-09-2023
    
    Date: 15-09-2023
    Business: Court is on leave.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 20-10-2023
    
    Date: 20-10-2023
    Business: Court is on leave.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 10-11-2023
    
    Date: 20-10-2023
    Business: Court is on leave.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 10-11-2023
    
    Date: 10-11-2023
    Business: Adv. Khandeparkar a/w plaintiff present.
    Adv. Nidhi Revankar for defendant present and filed vakalatnma for proposed deft. in C/S  t.o.r. marked as Exh.7
    She also filed reply in C/S No. 624/22 taken on record marked as Exh.8
    Matter is adjourned to 08-12-2023 for Argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 08-12-2023
    
    Date: 08-12-2023
    Business: Plaintiff in person present.
    None for defendant
    Adv. Nidhi Revankar  for applicant in C/S No. 624/22 present.
    Matter is adjourned to 15-01-2024 for argument
    Next Purpose: ARGUMENTS
    Next Hearing Date: 15-01-2024
    
    Date: 15-01-2024
    Business: Adv. Ruby Tripathi for plaintiff present.
    Adv. Nidhi Revankar for proposed defendant 1a present.
    Heard The Ld. Counsel for  plaintiff and  proposed defendant 1a in C/S No. 624/22
    Matter is adjourned to 22-01-2024 for C/S order.
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 22-01-2024
    
    Date: 22-01-2024
    Business: None for plaintiff.
    None for defendant
    F. R.S.R. following order passed in C/S No. 624/22-
                                     ORDER
    1. The Chamber Summons No. 624 of 2022 is made absolute in terms of prayer clause (a).
    2. The plaintiffs shall carry out the amendment in the plaint on or before next date
    3. Chamber Summons No. 624 of 2022 stands disposed off accordingly.
    Matter is adjourned to 06-03-2024 for Compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 06-03-2024
    
    Date: 06-03-2024
    Business: Adv. Ruby Tripathi for plaintiff present.
    None for defendant
    Matter is adjourned to 23-04-2024 for compliance
    Next Purpose: COMPLIANCE
    Next Hearing Date: 23-04-2024
    
    Date: 23-04-2024
    Business: Adv. Rubi Tripathi for plaintiff present.
    None for defendant
    Matter is adjourned to 20-06-2024 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 20-06-2024
    
    Date: 20-06-2024
    Business: Adv. Ruby Tripathi i/b. Adv. Ashutosh Parkar for plaintiff present.
    None for defendant.
    Matter is adjourned to  06-09-2024 for Compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 06-09-2024
    
    Date: 06-09-2024
    Business: None for plaintiff.
    None for defendant.
    Matter is adjourned to 08.11.2024 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 08-11-2024
    
    Date: 08-11-2024
    Business: Adv. Ashutosh Khandeparkar a/w plaintiff No.2 present.
    None for defendant.
    Matter is adjourned to 03.12.2024 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 03-12-2024
    
    Date: 03-12-2024
    Business: None for plaintiff.
    None for defendant.
    Matter is adjourned to 31.01.2025 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 31-01-2025
    
    Date: 31-01-2025
    Business: None for plaintiff.
    None for defendant.
    Matter is adjourned to 20.02.2025 for compliance for amended plaint supply to Court.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 20-02-2025
    
    Date: 20-02-2025
    Business: None for plaintiff.
    None for defendant.
    Plaint supply to Court.
    Later on at 4.20 pm,
    Adv. Ashutosh Khandeparkar for plaintiff present.
    Matter is adjourned  to 19.03.2025 for plaint amendment.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 19-03-2025
    
    Date: 19-03-2025
    Business: None for plaintiff present.
    None for defendant.
    Matter is adjourned to 24-06-2025 for filing amended plaint.
    Next Purpose: FOR___________________
    Next Hearing Date: 21-04-2025
    
    Date: 21-04-2025
    Business: Not on board taken on board by preceipe. Exh. 7
    Adv. Ashutosh Kandeparkar for plaintiffs present. The plaintiff no.2 is present in person and she has filed application for withdrawing the suit unconditionally. It is taken on record and marked as Exh.8.
    She also filed Power of attorney. It is taken on record and marked as Exh.9.
    The plaintiff no.1 is absent. But plaintiff no.2 has filed power of attorney executed by plaintiff no.1 in her favour whereby he has authorized her power to withdraw the suit.
    Accordingly, suit is disposed of as withdrawn unconditionally. Court fees be refunded to the plaintiffs as per rule.
    Nature Of Disposal: WITHDRAWL
    Disposal Date: 21-04-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 116809/2018
    Filing Date: 19-12-2018
    First Hearing Date: 13th March 2019
    Decision Date: 21st April 2025
    Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1
    21 Apr 2025
    Order Details: Other
    Order 1
    21 Apr 2025
    Order Details: Other

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