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SUIT - SHORT CAUSE CIVIL SUIT

Mr. Mohd Salim ManiyarVsMCGM

CNR MHCC0100009620204-COURT 04 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 24th June 2025

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100031/2020
Registration Date
04 Jan 2020

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Respondent

    1. 1MCGM

    Acts & Sections

    1
    Hindu Marriage Act · Sec 35 · 36

    Case History / Proceedings

    Case History
    Date: 04-01-2020
    Business: NOB TOB (By Preceipe)
    Adv. Mukesh Dubey for plaintiff present and tendered draft NM
    t.o.r. - Leave is granted to register the NM.
    Adv. Ms. Hajare h/f Patil for defendant/BMC present and tendered
    compilation of documents t.o.r.
    Copy served to other side.
    Heard both sides.
    F.R.S.R. Following order is passed on Ad-interim.
                               ORDER
    Ad-interim relief is rejected.
    Authenticate copy be given to both parties.
    Adjd. for NM reply to 17/3/2020.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-03-2020
    
    Date: 17-03-2020
    Business: None for plaintiff
    Adv. Ms. Patil for MCGM/Defendant present.
     Matter adjd to 09.07.2020    for Nm reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 09-07-2020
    
    Date: 09-07-2020
    Business: Parties and advocates absent.
    Matter adjd to 29/10/2020 for N/m reply/rejoinder.
                                                                                       Judge
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 29-10-2020
    
    Date: 29-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 27-01-2021
    
    Date: 27-01-2021
    Business: None for plaintiff.
    Adv. Khandagle h/f Adv. Ms. Smita Chavan for deft/MCGM present and requests for time to reply to NM. Time is granted till next date.
    Matter adjd to 30/03/2021 for NM Reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 30-03-2021
    
    Date: 30-03-2021
    Business: Court is on leave.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 24-06-2021
    
    Date: 24-06-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 26-08-2021
    
    Date: 26-08-2021
    Business: As Court is on leave today
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-10-2021
    
    Date: 16-10-2021
    Business: As per office Order No.213/2021 dated 12/10/2021, holiday is declared on 16/10/2021. Hence, board of dated 16/10/2021 is discharged and mater is adjourned to 23.10.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 23-10-2021
    
    Date: 23-10-2021
    Business: Adv Mukesh Dubey for plaintiff present.
    None for defendant / MCGM (N-Ward).
    Adjd. To 21/12/2021 for   NM Reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 21-12-2021
    
    Date: 21-12-2021
    Business: None for plaintiff.
    Adv. Rawade for MCGM present and on her request, adjd. for filing reply to NM.
    Matter is adjd to 24/3/2022 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 24-03-2022
    
    Date: 24-03-2022
    Business: None for plaintiff.
    Adv Mrs Rawade for defendant / MCGM is present and requests for time to file reply to NM. Time is granted till next date.
    Adjd. To 14/07/2022 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 14-07-2022
    
    Date: 14-07-2022
    Business: None for plaintiff.
    Adv. Mrs. Rawade for defendant/ MCGM is present and requested time to file reply on N/M. Time is granted till next date.
    Plaintiff is directed to register the N/M till next date.
    Adjd. to 22/09/2022 for compliance by plaintiff/ N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 22-09-2022
    
    Date: 22-09-2022
    Business: P.O. is on leave (afternoon session).
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 29-11-2022
    
    Date: 22-09-2022
    Business: H.H.J. is on half day C.L.(afternoon session)
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 29-11-2022
    
    Date: 29-11-2022
    Business: Court is busy in urgent ad-interim hearing. Hence, board is discharged.
    Adjd. to 16/02/2023 for N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-02-2023
    
    Date: 16-02-2023
    Business: Court is busy in urgent N/M and ad-interim hearing, board is discharged.
    Adjd. to 04/05/2023 for N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 04-05-2023
    
    Date: 16-02-2023
    Business: Court is busy in urgent N/M and ad-interim hearing, board is discharged.
    Adjd. to 04/05/2023 for N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 04-05-2023
    
    Date: 04-05-2023
    Business: None for plaintiff.
    Adv. Khandagale h/f Adv. Mhatre for deft BMC present and request for time to file NM reply. Granted.
    Adjd. to 25/07/2023 for NM reply
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 25-07-2023
    
    Date: 25-07-2023
    Business: Court is on leave
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-09-2023
    
    Date: 16-09-2023
    Business: None present for plaintiff.
    Advocate Mhatre for defendant/BMC present and seeks time to file reply to NM. Time is granted.
    Plaintiff is directed to register NM till next date.
    Adjd  to  16.01.2024   for  NM Reply
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-01-2024
    
    Date: 16-01-2024
    Business: As Court is busy in hearing of urgent matters and Ch/s Order, Board is discharged, hence matter adjourned.
    Plaintiff is directed to register NM till next date.
    Adjd  to 19.03.2024  for NM Reply
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 19-03-2024
    
    Date: 19-03-2024
    Business: As court is busy in hearing of NM HCTB suit No. 2197/2023 and suit No. 2198/2023, Board is discharged, hence matter adjourned.
    Adjd  to 25.06.2024    for NM Reply
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 25-06-2024
    
    Date: 25-06-2024
    Business: None present for plaintiff
    Advocate Metakari   for defendant/BMC present and seeks time to file reply to NM. Time is granted as a last chance
    Adjd  to 10.09.2024    for NM Reply and service of writ of summons
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 10-09-2024
    
    Date: 10-09-2024
    Business: None for plaintiff present.
    Advocate Metakari for defendant/BMC present.
    Plaintiff is directed to register the draft NM till next date.
    Adjd  to 05-12-2024 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 05-12-2024
    
    Date: 05-12-2024
    Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
    None present for plaintiff
    Advocate Bharti for defendant/BMC present and seeks time to file reply to NM. Time is granted.
    This is DPL Suit and there appears element of settlement, hence  matter referred to Mahalokadalat on 14.12.2024
    Issue Notice to the plaintiff on Court Motion.
    Plaintiff is directed to remain present on 14.12.2024 before 10.30 a.m
    Adjd  to  14.12.2024 for  Lokadalat
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 14-12-2024
    
    Date: 14-12-2024
    Business: Adv. Swapnil Bharti present for BMC N ward.
    Plaintiff absent. Their counsel is absent. Hence matter could not be settled. Hence matter returned back to the concerned court.
    Adj to 06/02/2025.
    Next Purpose: FOR___________________
    Next Hearing Date: 06-02-2025
    
    Date: 06-02-2025
    Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
    None present for the plaintiff to tender registered NM. Adv. Mr. Swapnil Bharti for defendant/MCGM is present. The matter is kept back.
    Later on at 3.42 pm
    The appearance is as above.  The NM is posted for NM dismissal.
    Adjourned for NM dismissal to 04.03.2025.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 04-03-2025
    
    Date: 04-03-2025
    Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
    In view of the directions dtd 04.01.2020, 14.07.2022, 16.09.2023 and 16.01.2024, none present for the plaintiff to tender registered NM. Hence, Draft Notice of Motion stands dismissed in default. Keeping open the Office objection, if any, it be registered for the statistical purpose. Adv. Ms. Sangita Honmane for defendant/ MCGM is present.
    Adjourned for registration of NM (disposed of)/writ of summons  to  24.06.2025
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 24-06-2025
    
    Date: 24-06-2025
    Business: CORAM : H.H.J. SHRI. A.A LAULKAR (C.R. No. 04)
    None present for the plaintiff.
    Adv. Ms. Rupali Patil for defendant/MCGM is present.
    Order Below Exhibit No. 01:
           Today, the plaintiff is absent to proceed with the matter.
    Though the matter is filed in the year of 2020, till date the plaintiff couldn't ensure due service of the suit summons on the defendants, even after mandate of law. It seems that he is absent since last considerable time for no justified reasons. Nor any Order, staying this proceeding, is brought to notice of this Court.  No ad-interim reliefs were granted in favour of plaintiff. Even NM is rejected on merit. This Court has observed while specific Order on NM that the Corporation has followed due process of law carrying out demolition process supported by Speaking Order. In fact demolition dtd 30.08.2019 has been suppressed by the plaintiff. This finding goes to the root of the matter. Since passing of NM Order the plaintiff has not turned up to the Court.  It is, thus, clear that the plaintiff lost his interest in the suit. Hence, the suit stands dismissed Under Order IX, Rule 2 of the CPC, 1908. All the pending applications are filed. He is called upon to bear the costs of the litigation. Bill of costs be drawn-up accordingly.
     	The Original documents, if any, filed on record be returned to the respective parties, on their submitting its Certified Copies, if the documents are exhibited, or Self-attested True Copies, if the documents are not exhibited, along-with undertaking to furnish the originals as and when required by the Court. The concerned Department to do the needful. The proceeding is closed.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 24-06-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 100133/2020
    Filing Date: 03-01-2020
    First Hearing Date: 04th January 2020
    Decision Date: 24th June 2025
    Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE

    Orders

    3
    Final Order 2Full order available
    24 Jun 2025

    Order Details: Other Pdf Text: 9 Dt:24.06.2025 SU 31/20 CORAM : H.H.J. SHRI. A.A LAULKAR (C.R. No. 04) None present for the plaintiff. Adv. Ms. Rupali Patil for defendant/MCGM is present. Order Below Exhibit No. 01: Today, the plaintiff is absent to proceed with the matter. Though the matter is filed in the year of 2020, till date the plaintiff couldn't ensure due service of the suit summons on the defendants, even after mandate of law. It seems that he…

    Read Full Order
    Interim Order 1Full order available
    04 Jan 2020

    Order Details: Other Pdf Text: 1 Ad-Int - Un.Reg.NM in Su.No.31-20 IN THE CITY CIVIL COURT FOR GREATER BOMBAY AT MUMBAI. ORDER ON AD INTERIM RELIEF ON UN REGISTERED NOTICE OF MOTION IN L.C. SUIT NO. 31 OF 2020 (CNR no. MHCC010000962020) MOHD. SALIM KODIA MANIYAR, Adult, Age 54 Yrs. Occ. Business having premises at Akbarlala Compound, Azad Nagar, DVS Road, Opp. Gulshan EBagdada, Masjid, Ghatkopar (W), Mumbai400 086. ]... Plaintiff Versus The Mumbai Municipal Corporation of Greater Mumbai, Having…

    Read Full Order
    Order 1Full order available
    04 Jan 2020

    Order Details: Other Pdf Text: 1 Ad-Int - Un.Reg.NM in Su.No.31-20 IN THE CITY CIVIL COURT FOR GREATER BOMBAY AT MUMBAI. ORDER ON AD INTERIM RELIEF ON UN REGISTERED NOTICE OF MOTION IN L.C. SUIT NO. 31 OF 2020 (CNR no. MHCC010000962020) MOHD. SALIM KODIA MANIYAR, Adult, Age 54 Yrs. Occ. Business having premises at Akbarlala Compound, Azad Nagar, DVS Road, Opp. Gulshan EBagdada, Masjid, Ghatkopar (W), Mumbai400 086. ]... Plaintiff Versus The Mumbai Municipal Corporation of Greater Mumbai, Having…

    Read Full Order

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