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SUIT - SHORT CAUSE CIVIL SUIT

Smt. Reena Dilip KhatavkarVsMCGM

CNR MHCC01000115202011-COURT 11 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 16th November 2024

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100069/2020
Registration Date
06 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: 07-01-2020
    Business: By Precipe.
    Adv. Mr. Mukesh Dubey for Plaintiff, filed draft NM along-with affidavit.- Leave is granted for registration, prayed for ad-interim injunction.
    Adv. Mrs. Mhatre for deft./MCGM present, raised objection to grant interim relief.
    Plff to submit HWL of suit property, unscaled map, photographs with date.  Plff to submit affidavit of landlord that structure is same as he handed over to plff in 1999.
    Deft is restrain to act upon notice dtd. 16.12.2019 till 4.00 p.m on 08.01.2020.
    At the request of Adv. Mr. Dubey next date is 08.01.2020.  Deft to submit affidavit on reply.
    Authenticated copy be given of both side.
    Matter is adjd.for NM on 08.01.2020 at 4.00 p.m.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 08-01-2020
    
    Date: 08-01-2020
    Business: Adv. Mr. Mukesh Dubey for plaintiff present.
    Adv. Mr. Tondawalkar for deft./MCGM present.
    Exh.2- Documents with affidavit submitted by plff, copy supplied to deft.
    K.B.
    LO at 4.30 p.m.
    adv. Mr. Mukesh Dubey for plaintiff present..
    Plff has tendered registered NM no. 125/2020.
    Exh.3- List of document submitted by MCGM, copy
    supplied to plff.
    Heard arguments of both side on NM no. 125/2020.
    F.R.S.R. following order is passed on NM no. 125/2020.
                                      ORDER
    1. Notice of Motion no.125/2020 stands dismissed.
    2. NM no.125/2020  disposed of accordingly
    3. MCMG to W.S. to expedite hearing.
    Matter is adjd. for W.S. on 18.03.2020.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 18-03-2020
    
    Date: 18-03-2020
    Business: Adv. Mukesh Dubey for plaintiff, prayed for adjmnt.
    Adv. Ms. Mhatre for Deft./MCGM present.
    Matter is adjd. for W.S. on 08.04.2020.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 08-04-2020
    
    Date: 08-04-2020
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 18-04-2020
    
    Date: 18-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 08-05-2020
    
    Date: 08-05-2020
    Business: National Lockdown
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 29-05-2020
    
    Date: 29-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 16-06-2020
    
    Date: 16-06-2020
    Business: Due to Covid -19
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 24-08-2020
    
    Date: 24-08-2020
    Business: Due to Holiday of Ganapati Festival matter adjd.to
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 31-10-2020
    
    Date: 31-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 16-12-2020
    
    Date: 16-12-2020
    Business: None for plaintiff.
    Adv. Mhatre for deft./MCGM , prayed for time to file WS.
    Matter is adjd.to   22-03-2021  for WS
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 22-03-2021
    
    Date: 22-03-2021
    Business: None present for plaintiff.
    Adv. Ms. Mhatre for deft./MCGM present and requested short time to file w/s.
    Matter is adjourned for filing w/s to 23.06.21.
                                                                                   Judge
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 23-06-2021
    
    Date: 23-06-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 20-08-2021
    
    Date: 20-08-2021
    Business: Court vacant
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 20-10-2021
    
    Date: 20-10-2021
    Business: Court is vacant. Matter is adj. to next date.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 15-12-2021
    
    Date: 15-12-2021
    Business: Adv. Mr. M.K. Dubey for plaintiff is present.
    Adv. Mr. Khandagale for Defendant/MCGM is present.
    Adv. for the defendant orally requested for time to file WS.
    Adjourned for WS to 18/02/2022.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 18-02-2022
    
    Date: 18-02-2022
    Business: Adv. Mukesh Dubey for the plaintiff is present.
    Defendant No. 1 is absent.
    Adv. Mr. Khandagale for defendant No. 2/MCGM is present and orally requested for time to file WS. Granted as a last chance.
    Later on at 03.00 p.m.
    Mr. Khandagale for defendant No. 2 filed reply cum written statement. TOR. O-Filed.Marked as Exh. 4.
    Copy supplied to other side.
    Adjourned for file WS of defendant no.1 to 25.03.2022.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 25-03-2022
    
    Date: 25-03-2022
    Business: None present for plaintiff.
    Adv. Mr. Khandagale for defendant/MCGM is present and orally requested for time to file WS. Granted.
    Adjourned for WS to 20.07.2022.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 20-07-2022
    
    Date: 20-07-2022
    Business: Adv. Mr. Mukesh Dueby for the plaintiff is present.
    Adv. Mr. Khandagale for defendant/MCGM is present and submitted that WS is already filed at exhibit 04.
    Adjourned for draft issues to 23.09.2022.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 23-09-2022
    
    Date: 23-09-2022
    Business: None present for the plaintiff.
    Adv. Khandagale for defendant/MCGM is present.
    The parties are absent to file draft issues. Hence, the matter is posted for framing of issues.
    Adjourned for framing of issues to 23.11.2022.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 23-11-2022
    
    Date: 23-11-2022
    Business: HHJ is on leave
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 04-02-2023
    
    Date: 04-02-2023
    Business: None present for the plaintiff.
    Adv. Mr. S.C. Khandagale for defendant/MCGM is present.
    Adjourned for framing of issues to 03.04.2023.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 03-04-2023
    
    Date: 03-04-2023
    Business: PO is on leave
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 19-06-2023
    
    Date: 19-06-2023
    Business: None present for the plaintiff.
    Adv. Mr. G.O. Giri for defendant/MCGM is present.
    Court is busy hearing arguments of SU No. 1598/2009 and 1059/2012.
    Adjourned for issues to 28.08.2023.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 28-08-2023
    
    Date: 28-08-2023
    Business: None present for the plaintiff.
    Adv. Mr. G.O. Giri for defendant/MCGM is present.
    Adjourned for issues to 23.10.2023.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 23-10-2023
    
    Date: 23-10-2023
    Business: None present for the plaintiff.
    Adv. Mr. G.O. Giri for defendant/MCGM is present.
    Adjourned for issues to 05.01.2024.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 05-01-2024
    
    Date: 05-01-2024
    Business: None present for the plaintiff.
    Adv. Mr. G.O. Giri for defendant/MCGM is present.
    Adjourned for issues to 02.03.2024.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 02-03-2024
    
    Date: 02-03-2024
    Business: None present for the plaintiff.
    Adv. Mr. G.O. Giri for defendant/MCGM is present.
    Adjourned for issues to 29.04.2024.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 29-04-2024
    
    Date: 29-04-2024
    Business: Adv. Mr. Mukesh Dubey for the plaintiff is present.
    Adv. Mr. G.O. Giri for defendant/MCGM is present.
    Adjourned for issues to 12.07.2024.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 12-07-2024
    
    Date: 12-07-2024
    Business: None present for the plaintiff.
    Adv. Mr. Arvind Rathod for defendant/MCGM is present.
    Adjourned for issues to 09.09.2024.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 09-09-2024
    
    Date: 09-09-2024
    Business: Adv. Mr. Mukesh Dubey for the plaintiff is present and informed that the plaintiff is not in contact.
    Adv. Mr. V.G. Shinde for defendant/MCGM is present.
    Issues are framed at Exhibit 5.
    Adjourned for filing documents on affidavit/RE to 04.11.2024.
    Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
    Next Hearing Date: 04-11-2024
    
    Date: 04-11-2024
    Business: Adv. Mr. Mukesh Dubey for the plaintiff is present and informed that the plaintiff is not in contact. In view of his statement, the suit is posted for dismissal. None present for defendants.
    Adjourned for dismissal to 16.11.2024.
    Next Purpose: DISMISSAL
    Next Hearing Date: 16-11-2024
    
    Date: 16-11-2024
    Business: Adv. Mr. Mukesh Dubey for the plaintiff is present. He submitted that the plaintiff is not in contact. Adv. Mrs. S.R. Charatkar a/w Mr. S.R. Yadav h/f Adv. Mr. Botlawar for defendant/MCGM is present.
    Order below Exhibit No. 01
          The record shows that the plaintiff is absent to proceed further with the matter since last considerable time and hence, it is posted for dismissal order. Even today, she was absent and hence, the suit was kept back for her appearance, but in vain. She is not in contact even with her advocate to conduct the suit. Nor, any stay order is communicated on record. The suit is more than 04 years old. It is, thus, clear that she is not worried to proceed further with the suit. In the result, the suit is dismissed for want of her prosecution U/O. IX, Rule 8 of the C.P.C.,1908. All the pending applications are filed. The parties to bear their own costs of litigation. Bill of costs be drawn-up accordingly.
    The Original documents 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: 16-11-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 100137/2020
    Filing Date: 03-01-2020
    First Hearing Date: 07th January 2020
    Decision Date: 16th November 2024
    Court Number And Judge: 11-COURT 11  ADDL SESSIONS JUDGE

    Orders

    5
    Final Order 3Full order available
    16 Nov 2024

    Order Details: Other Pdf Text: 16.11.2024 CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11) Sr. No. 16 SU 69/20 Adv. Mr. Mukesh Dubey for the plaintiff is present. He submitted that the plaintiff is not in contact. Adv. Mrs. S.R. Charatkar a/w Mr. S.R. Yadav h/f Adv. Mr. Botlawar for defendant/MCGM is present. Order below Exhibit No. 01: The record shows that the plaintiff is absent to proceed further with the matter since last considerable time and hence, it is posted…

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    Interim Order 2
    09 Sept 2024
    Order Details: Other
    Pdf Text: Exhibit - 5
    IN THE CITY CIVIL COURT FOR GREATER MUMBAI
    L. C. SUIT NO. 69 OF 2020
    Reena Dilip Khatavkar … Plaintiff.
    V/s.
    MCGM … Defendant.
    ISSUES
    01. Does the plaintiff prove that the notice dtd. 16.12.2019 is bad
    in law?
    02. Does the plaintiff prove that the suit premises, consisting of Ground
    plus Mezzanine/loft floor, existed even prior to the year of 1998?
    03. Does the plaintiff prove that the suit premises is situated at Slum
    area?
    04. Whether the suit is bad for want of notice U/s. 527 of the MMC Act?
    05. Whether the plaintiff is entitled for the relief of declaration, as
    sought?
    06. Whether the plaintiff is entitled for the relief of perpetual injunction,
    as sought ?
    07. What Order and Decree?
    (A.G. Santani)
    Mumbai. Judge
    Dated : 09.09.2024. City Civil Court, Gr. Mumbai.
    -- 1 of 1 --
    Interim Order 1Full order available
    08 Jan 2020

    Order Details: Notice of Motion Pdf Text: N/m No. 125/2020 in Suit No. 69/2020. 1 Order. IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. NOTICE OF MOTION NO. 125 OF 2020 (CNR NO. MHCC010003072020) IN LONG CAUSE SUIT NO. 69 OF 2020 (CNR NO. MHCC010001152020) Smt. Reena Dilip Khatavkar ...Plaintiff Versus The Municipal Corporation Of Greater Mumbai ...Defendants CORAM : SHRI G.G.BHANSALI. (C.R.NO.11). DATE : 8th JANUARY, 2020. Mr. Mukesh Dubey, Advocate for Plaintiff. Mrs. Tondwalkar, Advocate for Defendant /…

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    Order 2
    09 Sept 2024
    Order Details: Other
    Pdf Text: Exhibit - 5
    IN THE CITY CIVIL COURT FOR GREATER MUMBAI
    L. C. SUIT NO. 69 OF 2020
    Reena Dilip Khatavkar … Plaintiff.
    V/s.
    MCGM … Defendant.
    ISSUES
    01. Does the plaintiff prove that the notice dtd. 16.12.2019 is bad
    in law?
    02. Does the plaintiff prove that the suit premises, consisting of Ground
    plus Mezzanine/loft floor, existed even prior to the year of 1998?
    03. Does the plaintiff prove that the suit premises is situated at Slum
    area?
    04. Whether the suit is bad for want of notice U/s. 527 of the MMC Act?
    05. Whether the plaintiff is entitled for the relief of declaration, as
    sought?
    06. Whether the plaintiff is entitled for the relief of perpetual injunction,
    as sought ?
    07. What Order and Decree?
    (A.G. Santani)
    Mumbai. Judge
    Dated : 09.09.2024. City Civil Court, Gr. Mumbai.
    -- 1 of 1 --
    Order 1Full order available
    08 Jan 2020

    Order Details: Notice of Motion Pdf Text: N/m No. 125/2020 in Suit No. 69/2020. 1 Order. IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. NOTICE OF MOTION NO. 125 OF 2020 (CNR NO. MHCC010003072020) IN LONG CAUSE SUIT NO. 69 OF 2020 (CNR NO. MHCC010001152020) Smt. Reena Dilip Khatavkar ...Plaintiff Versus The Municipal Corporation Of Greater Mumbai ...Defendants CORAM : SHRI G.G.BHANSALI. (C.R.NO.11). DATE : 8th JANUARY, 2020. Mr. Mukesh Dubey, Advocate for Plaintiff. Mrs. Tondwalkar, Advocate for Defendant /…

    Read Full Order

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