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SUIT - SHORT CAUSE CIVIL SUIT

Dindayal Vinaykumar RaiVsThe Asst. Municipal Commissioner

CNR MHCC01000430201811-COURT 11 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 27th January 2023

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
100109/2018
Registration Date
11 Jan 2018

Advocates

1

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Bombay Tenancy and Agricultural Land (Vidarbha Region and Kutch Area) Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 25-01-2018
    Business: earlier draft N/M  is hereby disposed of. Heard. In today\''s N/M Ld adv for the Plaintiff has drawn my attention towards speaking order passed on 22.01.2018. It appears that the court has directed to the Defendant to initiate the action in respect of suit premises by following the due process of law. It further appears that the Plaintiff has replied the notice dtd 5.01.2018 and copy of reply submitted to the defendant is filed on record by the Plaintiff at page no. 38 of the suit plaint. It appears Prima facie that the said reply has been received by the Defendant on 9.01.2018. Prima facie, it appears from the speaking order dtd 22.01.2018 that designated officer has not taken into consideration reply dtd 9.01.2018 and passed order stating therein that the Plaintiff has neither replied and nor submitted any authentic document proving the authenticity of the notice structure. Thus, Prima facie this statement in the order is not correct one. Therefore, the Defendant is directed to conside
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 21-03-2018
    
    Date: 21-03-2018
    Business: Advocate Mr. N. K. Dubey for the Plaintiff present. And filed disposal N/M no. 474/18, 356/18, Ch/s no. 261/18
    Advocate Mr. Khandagle for BMC/deft present.
    Advocate for the plaintiff tendered disposal N/M no. 474/18, 356/18 and Ch/s no. 261/18. t.o.r.
    Application filed by the plaintiff for seeking extension of time to carry out amendment. t.o.r. . Extension is granted as a very last chance.
    Matter adjd to 20.06.2018 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 20-06-2018
    
    Date: 20-06-2018
    Business: Adv Pandey h/f adv V T Dubey for the plaintiff present.
    Adv Hajare for def/BMC present.
    KB
    LO
    Adv for plaintiff filed application for time to extension of amendment Exh.4 t.o.r.
    Adjourned to 10.08.2018  for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 21-06-2018
    
    Date: 21-06-2018
    Business: By precipe
    Adv V T Dubey for plaintiff present.
    He filed application for extension of time
    O- 15 days time granted to carry out amendment as a last chance.
    Already adjourned to 10.08.2018.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 10-08-2018
    
    Date: 10-08-2018
    Business: Court is vacant. Hence today board is discharged.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 18-09-2018
    
    Date: 18-09-2018
    Business: Advocate Mr. N. K. Dubey h/f Adv. V. T. Dubey for Plaintiff present and submitted that, short date may be given for filing copy of amended plaint and for serving copy of amended plaint upon Defendants.
    Advocate Ms. Hajare for BMC/Deft. present.
    Considering submissions made by Plaintiff\''s advocate case is adjourned to 20/10/2018 for Compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 20-10-2018
    
    Date: 20-10-2018
    Business: Court is busy in dictating judgment in suit no.2037/05, hence board is discharged and case is adjourned to 05/12/2018.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 05-12-2018
    
    Date: 05-12-2018
    Business: Advocate Mr. Dubey for Plaintiff present and submitted that, amendment in view of Chamber Summons order is carried out in plaint.  Plaintiff is directed to file typed copy of amended plaint and served copy of amended plaint on Defendants.
    Advocate for BMC/Deft present.
    Case is adjourned to 12/02/2019 for further compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 12-02-2019
    
    Date: 12-02-2019
    Business: AS THE P.O. IS ON LEAVE TODAY
    Next Purpose: COMPLIANCE
    Next Hearing Date: 11-04-2019
    
    Date: 11-04-2019
    Business: Adv.N.K.Dubey h/f adv. V.T.Dubey for the plaintiff present.
    Adv. Ms. Hajare for the defendant/BMC present.
    Adv. Dubey sought time for compliance. Time is granted.
    Adjourned to 25.06.2019 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 25-06-2019
    
    Date: 25-06-2019
    Business: Advocate N.K.Dubey for plaintiff present and submitted that copy of amended plaint is served on the defendant.
    Advocate Ms.Mhatre for defendant/MCGM present and sought time to file Written Statement.
    The case is adjourned to 16.09.2019  for NM reply/ Written Statement.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 16-09-2019
    
    Date: 16-09-2019
    Business: As Court is busy in hearing NM in suit No. 1759/13, 2057/19 and also in dictating orders. The case is adjourned.
    The case is adjourned to 06.11.2019 for Written Statement.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 06-11-2019
    
    Date: 06-11-2019
    Business: As Court is busy in recording evidence in SU No. 2523/19, 2524/19 and in SU No.3548/09 in morning session. The case is adjourned.
    The case is adjourned to 11.12.2019 for Written Statement.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 11-12-2019
    
    Date: 11-12-2019
    Business: None for plaintiff present.
    Adv.Mrs. Tondawalkar for deft./MCGM, prayed for adjd to file W.S.
    IN view of roznama dtd. 25.01.2018 and 21.03.2018, NM no. 474/18, 356/18 and Ch/s no. 261/18 are disposed of.  Hence, It be deleted from CIS.
    Matter is adjd. for W.S. on 11.03.2020.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 11-03-2020
    
    Date: 11-03-2020
    Business: Adv. Mr. N.K. Dubey h/f adv. V.T. Dubey for plff present.
    Adv. Mrs. Mhatre for deft./MCGM, prayed for adjd to file W.S.
    Matter is adjd. for W.S. on 24.06.2020.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 24-06-2020
    
    Date: 24-06-2020
    Business: Adjd. to
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 30-07-2020
    
    Date: 30-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 01-10-2020
    
    Date: 01-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 03-12-2020
    
    Date: 03-12-2020
    Business: None for plaintiff.
    Adv. Tondwalkar h/f Adv. Mhatre for deft./MCGM present.
    Matter is adjd.to 15-02-2021    for written statement.
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 15-02-2021
    
    Date: 15-02-2021
    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 of w/s as a last chance to 16.04.21.
                                                                                   Judge
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 16-04-2021
    
    Date: 16-04-2021
    Business: Due to surge in Covid-19, on 16.04.2021 declared as holiday. Hence, matter is adjourned to next date.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 07-07-2021
    
    Date: 07-07-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 27-08-2021
    
    Date: 27-08-2021
    Business: Court is Vacant. Matter adj. to next date.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 13-10-2021
    
    Date: 13-10-2021
    Business: Court is Vacant. Matter is adj. to next date.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 13-12-2021
    
    Date: 13-12-2021
    Business: Adv. Mr. Dubey for plaintiff present.
    Adv. Ms. Mhatre h/f Adv. Mr. for Defendant/MCGM present.
    On oral request for the defendant, matter is adjourned as a last chance.
    Adjourned for  written statement to 16/02/2022.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 16-02-2022
    
    Date: 16-02-2022
    Business: Adv. Ms. Vijayarani Prasad h/f adv. V.T. Dueby for plaintiff is present.
    Adv. Mr. Khandagale for defendant/MCGM is present and orally requested for time to file WS. Granted strictly as a last chance.
    Adjourned for WS to 28.03.2022.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 28-03-2022
    
    Date: 28-03-2022
    Business: Adv. Ms. Vijayarani Prasad for plaintiff is present.
    Adv. Mr. Khandagale for defendant/MCGM is present and orally requested for time to file WS. Sufficient time is already granted. Hence, this request is discarded. The suit is posted for no WS order.
    Adjourned for No WS order to 20.07.2022.
    Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
    Next Hearing Date: 20-07-2022
    
    Date: 20-07-2022
    Business: Adv. Mr. V.T. Dubey for the plaintiff is present.
    Adv. Mr. Khandagale for defendant/MCGM is present and orally requested for time to file WS. Sufficient time is already granted. Hence, this request is discarded. The suit is posted for No WS order.
    Adjourned for No WS order to 19.09.2022.
    Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
    Next Hearing Date: 21-09-2022
    
    Date: 21-09-2022
    Business: None present for the plaintiff.
    Adv. Khandagale for defendant/MCGM is present and orally requested for time to file WS. Sufficient time is already granted. Hence, this request is discarded. The suit is proceeded without WS of the defendant.
    Adjourned for filing affidavit of documents to 21.11.2022.
    Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
    Next Hearing Date: 21-11-2022
    
    Date: 21-11-2022
    Business: Adv. Mr. V.T. Dubey for the plaintiff is present. He informed that the plaintiff is not in contact and he has no instructions.
    Adv. Mr. Khandagale for defendant/MCGM is present.
    Adjourned for dismissal Order to 27.01.2023.
    Next Purpose: DISMISSAL
    Next Hearing Date: 27-01-2023
    
    Date: 27-01-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 100486/2018
    Filing Date: 10-01-2018
    First Hearing Date: 08th March 2018
    Decision Date: 27th January 2023
    Court Number And Judge: 11-COURT 11  ADDL SESSIONS JUDGE

    Orders

    3
    Final Order 2
    27 Jan 2023
    Order Details: Other
    Pdf Text: 27.01.2023
    Sr. No. 10
    CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11)
    SU 109/18 Adv. Ms. Prasad h/f Adv. V.T. Dubey for the plaintiff is present. She
    informed that the plaintiff is not in contact.
    Adv. Mr. S.C. Khandagale for defendant/MCGM is present.
    Order below exhibit No.01:
    The record shows that the plaintiff is absent to proceed with the
    matter and therefore, it is posted for dismissal order. Nor, any stay
    order is communicated on the record. It is, thus, clear that he is not
    worried to proceed further with the suit. In the result, the suit is
    dismissed for want of prosecution on his behalf, in view of Order IX
    Rule 8 of the C.P.C., 1908. All the pending applications are filed.
    The parties are called upon to bear their own costs of litigation. Bill
    of costs be drawnup accordingly. The proceeding stands closed.
    Judge
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    Interim Order 1Full order available
    25 Jan 2018

    Order Details: Chamber summons Pdf Text: SU- 109/2018 1 IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY DRAFT CHAMBER SUMMONS IN LONG CAUSE SUIT NO. 109 OF 2018 (CNR No. MHCC010004302018) Dindayal Vinaykumar Rai, Aged 42 ] year, adult, Indian Inhabitant of ] Mumbai having address at Gala no. 1] and 2, Mustaque Ahmed Chawl, ] Sunder Baug Lane, Kurla(West), ] Mumbai400 070. ] ..Plaintiff Versus The Asst. Municipal Commissioner ] “L” ward, MCGM office, new Market ] building,…

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    Order 1Full order available
    25 Jan 2018

    Order Details: Chamber summons Pdf Text: SU- 109/2018 1 IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY DRAFT CHAMBER SUMMONS IN LONG CAUSE SUIT NO. 109 OF 2018 (CNR No. MHCC010004302018) Dindayal Vinaykumar Rai, Aged 42 ] year, adult, Indian Inhabitant of ] Mumbai having address at Gala no. 1] and 2, Mustaque Ahmed Chawl, ] Sunder Baug Lane, Kurla(West), ] Mumbai400 070. ] ..Plaintiff Versus The Asst. Municipal Commissioner ] “L” ward, MCGM office, new Market ] building,…

    Read Full Order

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