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SUIT - SHORT CAUSE CIVIL SUIT

Mrs. Sangeeta Shankar UnavaneVsM/s. M. K. Builders and Developers +1 more

CNR MHCC0100044220188-COURT 08 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 30th January 2026

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
100294/2018
Registration Date
31 Jan 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 21-02-2018
    Business: None present
    Plaintiff to serve Writ of summons upon defendant
    Matter Adjd for Writ of summons to 08.06.2018
    Reason For Adjournment: court time is over
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 08-06-2018
    
    Date: 08-06-2018
    Business: None present for Plaintiff.
    Adjourned to 06.09.2018 for Writ of Summons.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 06-09-2018
    
    Date: 06-09-2018
    Business: Court is on leave
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 17-11-2018
    
    Date: 17-11-2018
    Business: Matter adj. to 22/02/2019 for Writ of Summons.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 22-02-2019
    
    Date: 22-02-2019
    Business: Adv. Kumavat for plaintiff present and requested to issue fresh Writ of Summons. O- Allowed.
    Adjourned to 14.06.2019 for writ of summons.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 16-04-2019
    
    Date: 16-04-2019
    Business: By precipee.
    Adv. Wasim Khan for plaintiff present and tendered draft NM alongwith affidavit in support.
    O- Leave to register is granted with direction to serve defendants.
    Adv. Pradeep Gaikwad with Adv. Harshal Damania filed VP at Exh.6 on behalf of defendant no.1.
    Advocate for plaintiff is directed to file affidavit of service of NM on defendant no.2.
    During argument, learned advocate for the plaintiff had referred to order dtd.29.03.2018 passed by the Competent Authority.  The copy of said order shows that plaintiff is directed to vacate the suit premises within 15 days from the date of receipt of said order by the plaintiff.  On enquiry, learned advocate for the plaintiff\'' submitted that copy of said order is served on the plaintiff on 08.04.2019.  Considering the direction given in the order to vacate the suit premises within 15 days from the date of service of said order on the plaintiff, matter is adjourned for filing reply by defendant no.1 to 20.04.2019.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 20-04-2019
    
    Date: 20-04-2019
    Business: Adv. Wasim Khan for plaintiff present and filed affidavit of service.
    Adv. Pradip Gaikwad for defendant no.1 present and filed reply to draft NM.
    Defendant no.2 served properly but failed to appear hence, draft NM to proceed Exparte against defendant no.2.
    Heard arguments partly of both the parties in Draft NM.
    Advocate for defendant no.1 seeks time to produce certain more documents and case laws by submitting that the period of 15 days given to the plaintiff will expire on 23.04.2019.
    By consent, matter is adjourned to 23.04.2019 at 12.00 noon.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-04-2019
    
    Date: 23-04-2019
    Business: None present for plaintiff.
    Adv Danania with Adv. Gaikwad for defendant no.1 present and filed additional documents.  Matter was ordered to be taken up at 12.00 noon but nobody is present for the plaintiff hence, matter is kept back till 2.45 pm.
    LO
    Adv. Wasim Khan for plaintiff present and filed compilation of documents with list Exh.7.
    On request of plaintiffs advocate, by consent, suit is  adjourned to 25.04.2019 at 1.00 pm.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-04-2019
    
    Date: 25-04-2019
    Business: None present for plaintiff.
    Adv. Harshal Damania for defendant no.1 present.
    Despite specific directions issued on the previous date that matter will be taken up for further argument at 1.00 pm,  plaintiff and his  advocate did not appear.  Matter is kept back at 5.00 pm
    LO
    Adv. Wasim Khan for plaintiff present.
    Ms. Shilpa Kamble Clerk , Deputy Collector (ENC) present and tendered application for adjournment .
    O- Call say of plaintiff.
    Say filed by advocate for plaintiff on application itself.
    O- Order to proceed exparte is already passed in the matter against defendant no.2.  However, period of 30 days from the date of service of writ of summons is yet not expired hence, matter is adjourned by consent, to 30.04.2019 for further argument in  NM.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-04-2019
    
    Date: 30-04-2019
    Business: Adv. Wasim Khan for plaintiff present.
    Adv. Harshal Damania for defendant no.1 present.
    Heard both sides in Draft NM.
    Adjourned for orders in NM to 03.05.2019.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 03-05-2019
    
    Date: 03-05-2019
    Business: As court is busy in other old and urgent matters, for want of time adjourned for NM orders to 04.05.2019.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 04-05-2019
    
    Date: 04-05-2019
    Business: Adv. Wasim Khan for plaintiff present.
    Adv. Sundas Ansari for defendante no.1 present.
    For want of time, adjourned for orders to 06.05.2019.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 06-05-2019
    
    Date: 06-05-2019
    Business: Adv. Wasim Khan for plaintiff present.
    Adv. Sundas Ansari with Adv. Harshal Damania for defendant no.1 present.
    This matter was fixed on 04/05/2019 for passing order in NM NO.1715/2019 of the plaintiff but it was adjourned to today due to paucity of time. Perusal of the record shows that plaintiff has claimed interim relief to restrain the defendants from removing the plaintiff from the suit premises, pending final disposal of the suit. Learned advocate for the defendant No.1 submitted that there is no question of dispossessing the plaintiff by defendant No.1 and whatever action in that regard that has to be taken will be taken by defendant No.2. Defendant No.2 is the Competent Authority/Dy. Collector. The plaintiffs has produced copies of certain documents which prima-facie support her contentions in respect of the suit premises.   It is not in dispute that plaintiff is in possession of the suit premises. Matter on record shows that employee of the office of defendant No.2 had appeared before this court on 25/04/2019 and filed application seeking adjournment beyond the work of counting of votes is completed. Since defendant no.2 has passed order in respect of the suit premises having considered the contents of the order and the copies of the documents produced on record by the plaintiffs and the statement made by advocate by defendant No.1 that there is no question of dispossessing the plaintiff by defendant No.1 from the suit premises, it would be just to keep the matter after vacation so as to enable defendant No.2 to contest the Notice of Motion by filing reply to it, in view of the adjournment application filed on 25/04/2019. It would be in the interest of justice to direct that any coercive action shall not be taken against the plaintiff till then. Plaintiff is directed to intimate this order to defendant No.2 and about the next date fixed in the matter. Thus, matter adjourned to  06.06.2019 for  reply, if any, by defendant No.2 and for order.
    On request of advocates for plaintiff and defendant No.1, authenticate copy of this roznama be given to them.
    Next Purpose: REPLY
    Next Hearing Date: 06-06-2019
    
    Date: 06-06-2019
    Business: Court is busy in other matters on board. Hence, board discharged.
    Earlier ad interim order continued till next date.
    Matter is adjd. to 17.07.2019.
    Next Purpose: REPLY
    Next Hearing Date: 17-07-2019
    
    Date: 17-07-2019
    Business: Adv. Wasim Khan for the Plaintiff present.
    Adv. Harshal Damania for Defendant No. 1  present.
    Court is busy in dictating judgment of suit No. 1227/10 and other NM orders. Hence board is discharged.
    Earlier Ad-interim order, if any be continued till next date.
    Matter is adjd. to 09/08/2019 for reply
    Next Purpose: REPLY
    Next Hearing Date: 09-08-2019
    
    Date: 09-08-2019
    Business: Adv. Khan for the Plaintiff present.
    Adv. Damania for Defendant-1 present.
    Earlier ad interim order be continued till next date.
    Matter is adjd. to 5.11.2019.
    Next Purpose: REPLY
    Next Hearing Date: 05-11-2019
    
    Date: 05-11-2019
    Next Purpose: REPLY
    Next Hearing Date: 16-12-2019
    
    Date: 16-12-2019
    Next Purpose: REPLY
    Next Hearing Date: 04-02-2020
    
    Date: 04-02-2020
    Business: Court is busy hearing in Su No-9835/1999 and dictating N/M orders in suit nos. 271/2017, 2082/2018, 2816/2019 and suit no. 2591/2017.  Hence board is discharged.
    Earlier Ad-interim order, if any be continued till next date.
    Matter is adjd.  for reply to 07/04/2020.
    Next Purpose: REPLY
    Next Hearing Date: 07-04-2020
    
    Date: 07-04-2020
    Next Purpose: REPLY
    Next Hearing Date: 18-04-2020
    
    Date: 18-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPLY
    Next Hearing Date: 08-05-2020
    
    Date: 08-05-2020
    Next Purpose: REPLY
    Next Hearing Date: 29-05-2020
    
    Date: 29-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPLY
    Next Hearing Date: 16-06-2020
    
    Date: 16-06-2020
    Business: national lock down
    Next Purpose: REPLY
    Next Hearing Date: 20-10-2020
    
    Date: 20-10-2020
    Business: Due to lockdown because of Covid-19, board is discharged and as per SOP only urgent matters are taken up.
    Next Purpose: REPLY
    Next Hearing Date: 02-02-2021
    
    Date: 02-02-2021
    Business: Both the parties and their advocates are absent.
    Last chance is granted for filing reply to NM.
    Matter is adjd. to 16/04/2021 for NM reply.
    Next Purpose: REPLY
    Next Hearing Date: 16-04-2021
    
    Date: 16-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPLY
    Next Hearing Date: 17-06-2021
    
    Date: 17-06-2021
    Business: Due to COVID-19 pandemic.
    Matter is adjourned.
    Next Purpose: REPLY
    Next Hearing Date: 27-07-2021
    
    Date: 27-07-2021
    Business: court is on leave
    Next Purpose: REPLY
    Next Hearing Date: 07-09-2021
    
    Date: 07-09-2021
    Business: Court is on leave.
    Next Purpose: REPLY
    Next Hearing Date: 14-10-2021
    
    Date: 14-10-2021
    Business: None present.
    Matter is adjd. to 18/01/2022 for passing dismissal order on  Suit and  NM No.1715/2019.
    Next Purpose: DISMISSAL
    Next Hearing Date: 18-01-2022
    
    Date: 18-01-2022
    Business: Due to SOP only urgent matters are taken up.
    Matter is adjd. to 02.03.2022 for Dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 02-03-2022
    
    Date: 02-03-2022
    Business: (As per order of Hon\''ble Principal Judge dtd.25/2/22, matter is reassigned to this court.)
    None present for plaintiff.
    Adv Priyanka Gaokar h/f Adv Sachin Gharat for deft No.2 present.
    From the record it appears that since long plaintiff and his adv are absent and therefore matter is kept for dismissal order.
    KB
    LO (At 2.45 p.m.)
    From the record it appears that since long plaintiff and his adv are absent and therefore matter is kept for dismissal order.
    As the plaintiff and his adv are absent. Matter adjd for dismissal to 28/3/22.
    Next Purpose: DISMISSAL
    Next Hearing Date: 28-03-2022
    
    Date: 28-03-2022
    Business: Adv. Vasim khan present  for plaintiff.
    Adv. Pradeep gaikwad present for defendants 01.
    Adv. Khatib for defendant no. 02 state.
    kb.
    l.o. at 04.07 pm
    Adv. Vasim khan present for plff.
    From the record, appears that, deff. no. 02 has not filed reply to nm no. 1715/2019 since long. Hence, nm no. 1715/19 be proceeded without reply of def.no. 02.
    Matter adjourned for nm hrg. To 30/04/22.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-04-2022
    
    Date: 30-04-2022
    Business: None present for Plaintiff.
    Adv Harshal Damaniya present for Defendant no 01.
    Adv Kapse h/f for defendant no 02.
    As plaintiff and his adv are absent.
    Matter adjourned for dismissal order to 14.07.2022.
    Next Purpose: DISMISSAL
    Next Hearing Date: 14-07-2022
    
    Date: 14-07-2022
    Business: None present for plaintiff.
    None present for defendant.
    Kb
    l.o. at 02.43 pm.
    Adv. Mushraf Khan present for the plaintiff and sought adjournment.
    Adv. Kapse present for defendant no. 02 and tendered WS of defendant no. 02. t.o.r. marked as Ex. 09.
    He also tendered reply to the nm no. 1715/2019.
    Matter adjourned for nm hearing/order to 11/08/22.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-08-2022
    
    Date: 11-08-2022
    Business: As P.O. is on leave. Matter is adjd. to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-09-2022
    
    Date: 26-09-2022
    Business: None present for plaintiff.
    Adv. Harshal Damania present for defendant 01.
    Adv. Pratik korgaonkar hf adv. Sachin kadam present for defendant 02.
    As plaintiff and his adv. are absent, Matter adjourned for nm dismissal order to 15/10/22.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 15-10-2022
    
    Date: 15-10-2022
    Business: Adv. Gogri present for plaintiff and sought adjournment.
    Adv. Pratik korgaonkar hf adv. Sachin kadam present for defendant 02.
    None present for other defendants.
    Matter adjourned for nm hearing to 23/11/22.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-11-2022
    
    Date: 23-11-2022
    Business: None present for plaintiff.
    Adv. kajal present for defendant 01.
    As plaintiff and his adv. are absent, Matter adjourned for dismissal order of nm no. 1715/2019 to 17/12/22.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 17-12-2022
    
    Date: 17-12-2022
    Business: Adv. Kinjal present for plaintiff and sought adjournment on the ground of personal difficulty of advocate for plaintiff.
    Adv. Pratik korgaonkar hf adv. Sachin kadam present for defendant 02.
    Adv. Harshal Damania present for defendant no. 01.
    Matter adjourned for nm hearing as a last chance to 30/01/23.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-01-2023
    
    Date: 30-01-2023
    Business: Adv. Vasim khan present for plaintiff and sought adjournment.
    Adv. Kajal Rajat present for defendant no. 01.
    Adv. Kapse present for defendant no. 02.
    Matter adjourned for nm hearing to 28/02/23.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-02-2023
    
    Date: 28-02-2023
    Business: Court is on leave.
    Adjourned to.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-03-2023
    
    Date: 29-03-2023
    Business: Adv. Vasim Khan present for plaintiff.
    Adv. Harshal Damania present for defendant no. 01.
    Adv. Kadam present for defendant no. 02.
    Heard arguments of ld. Advocate for plaintiff and ld. Advocate for defendant no. 01 and 02 on Notice of Motion no. 1715/2019.
    Matter adjourned for order on nm no. 1715/19 to 12/04/23.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 12-04-2023
    
    Date: 12-04-2023
    Business: None present for plaintiff.
    Adv. Kajal Rajat present for defendant no. 1.
    Adv. Priyanka gavkar hf. Adv. kudalkar present for deff. no. 02.
    As court is busy in dictating order on nm no. 3864 of 2022 in suit no. 174/2023. Hence, Matter adjourned for order to 20/04/23.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 20-04-2023
    
    Date: 20-04-2023
    Business: None present for plaintiff.
    Adv. Kajal Rajat present for defendant no. 01.
    None present for other defendant no. 02.
    F.R.S.R. following order is passed on Notice Of Motion No. 1715 of 2019.
                                            ORDER
    1) Notice of Motion No. 1715 of 2019 is dismissed.
    2) Notice of Motion No. 1715 of 2019  is disposed off accordingly.
    Authenticated copy of Roznama be given to both the parties if
    requested.
    Matter adjourned for WS/no ws order to 12/06/23.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 12-06-2023
    
    Date: 12-06-2023
    Business: As court is on leave. Board is discharge.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 13-07-2023
    
    Date: 13-07-2023
    Business: None present for plaintiff.
    C.A. of defendant No.1 present.
    Adv. Aarushi Yadav i/b. Harshal Damania present for defendant No.1 and tendered draft notice of motion alongwith written statement.  O-Leave granted to registered the notice of motion. Copy served upon defendant No.2.
    Adv. Khedekar h/f. Adv. Sachin Kadam for defendant No.2 present.
    Order passed below Exh.1.
         Defendant No.2 failed to file written statement. Suit shall proceed without written statement of defendant No.2.
    Later on
    Ld. Consel of defendant No.2 submitted that defendant No.2 has already filed its written statement (Exh.09).  Therefore, above order is passed inadvertantly.  It is set aside.
    Matter adjourned for NM Service on plaintiff and NM reply to 01.08.2023.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 01-08-2023
    
    Date: 01-08-2023
    Business: None present for plaintiff.
    Adv. Harshal Damania present for defendant No.1 and tendered registered notice of motion No.2617/2023 alongwith affidavit in support.
    Advocate for defendant No.1 tendered affidavit of service in respect of notice of motion unserved. TOR and marked as Exh.10.
    C.A. of defendant No.1 is present.
    Matter adjourned for Affidavit of service of NM on plaintiff and NM reply to 01.09.2023.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 01-09-2023
    
    Date: 01-09-2023
    Business: Adv. Kinjal Gogri present for plaintiff.
    Adv. Harshal Damania present for defendant No.1 and tendered affidavit of service in respect of NM No.2617/2023.
    C.A. of defendant No.1 is present.
    Matter adjourned for Affidavit of service of NM on plaintiff and NM reply to 30.10.2023.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 30-10-2023
    
    Date: 30-10-2023
    Business: Plaintiff in-person present.
    Adv. Kinjal Gogri present for plaintiff.
    Adv. Kajal Rajak h/f. Adv. Harshal Damania present for defendant No.1.
    Defendant No.1 is directed to serve copy of NM to plaintiff.
    Matter adjourned for Affidavit of service of NM on plaintiff and NM reply to 09.01.2024.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 09-01-2024
    
    Date: 09-01-2024
    Business: Adv. Kinjal Gogri present for plaintiff.
    Adv. Kajal Rajak h/f. Adv. Harshal Damania present for defendant No.1.
    Copy of notice of motion served by advocate for defendant No.1 to advocate for plaintiff.
    Matter adjourned for NM Reply to 06.03.2024.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 06-03-2024
    
    Date: 06-03-2024
    Business: Adv. Wasim Khan present for plaintiff and tendered reply to notice of motion No.2617/2023. Taken on record. Copy served on defendant no.1.
    Adv. Harshal Damania present for defendant No.1.
    Adv. Khedekar h/f. Adv. Sachin Kadam present for defendant No.2.
    Matter adjourned for NM Hearing to 23.04.2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-04-2024
    
    Date: 23-04-2024
    Business: Both parties and their counsels are absent.
    Matter adjourned for NM Hearing to 12.07.2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-07-2024
    
    Date: 12-07-2024
    Business: None present for plaintiff.
    Adv. Harshal Damania for defendant No.1 present.
    Adv. Sachin Kadam for defendant/State present.
    Matter adjourned for NM Hearing to 20.07.2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-07-2024
    
    Date: 20-07-2024
    Business: None present for plaintiff.
    None present for defendants.
    Matter adjourned for NM Hearing to 10.09.2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-09-2024
    
    Date: 10-09-2024
    Business: None present for plaintiff.
    Adv. Harshal Damania present for defendant No.1.
    Matter adjourned for NM Hearing to 20.11.2024.
    Later on
    Adv. Kinjal Gogri h/f. Adv. Wasim Khan for plaintiff present.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-11-2024
    
    Date: 20-11-2024
    Business: In view of office order No.273 of 2024 dated 14.24.11.2024, office delared holiday on 20.24.11.2024 on account of Poling Day of General Eelction of State Legistative Assembly of Maharashtra and lieu thereof Tuesday, the 24.12.2024 is declared as Court Working Day.  Hence, matter is adjourned to 24.12.2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-12-2024
    
    Date: 24-12-2024
    Business: Court is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-02-2025
    
    Date: 12-02-2025
    Business: Adv. Arifa Shah h/f. Adv. Wasim Khan for plaintiff present.
    Adv. Harshal Damania for defendant No.1 present .
    Adv. Amit Kapse h/f. Adv. Sachin Kadam for defendant No.2 present.
    Order on Notice of Motion No.2617 of 2023
         Defendant No.1 has taken out present notice of motion seeking condonation of delay of 1549 days in filing written statement.
        Plaintiff has strongly objected the motion by filing reply.
    Mr. Harshal Damania Ld. Adv. for defendant No.1 submits that, till date plaintiff has not served writ of summons on defendant No.1.
    Defendant No.1 appeared in the suit on the basis of private notice served upon defendant No.1. The matter was dragged by the plaintiff by not taking steps to proceed with notice of motion filed by her. The matter was placed for dismissal order on many occasions. The notice of motion filed by plaintiff ultimately came to be dismissed by this Court by order dated 20.04.2023. Thereafter defendant No.1 on its own has filed present motion. Ld. Adv. submits that, there is no intentional or deliberate delay in filing present notice of motion/written statement. He also submits that, due to intervening Covid-19 Pandemic, some delay is occurred in filing written statement.
          Adv. Arifa Shah Ld. Adv. for plaintiff strongly objects the motion. She submits that, there is huge and unexplained delay. The defendant No.1 has caused appearance on 16.04.2019. He was aware about the suit and the reliefs claimed. Though defendant No.1 filed reply to the NM filed by plaintiff, however failed to file written statement within the time stipulated by law. She submits that, the Covid-19 Pandemic cannot be good reason to seek condonation of delay.
         From record it transpired that, defendant No.1 till date is technically not served with writ of summons. However it cannot be denied that, defendant No.1 was well aware about the suit and therefore he ought to have filed written statement within the time stipulated under rule 1 order 8 of C.P.C. The record further reveal that, defendant No.1 had filed reply to the NM of plaintiff on 20.04.2019. However, hearing on the motion filed by plaintiff finally concluded recently on 20.04.2023 whereby NM filed by plaintiff came to be dismissed. The record further shows that, on few occasion matter was listed for dismissal order due to absence of the plaintiff.
         As the defendant No.1 has already filed his reply to NM of the plaintiff, his defense, thus, is already on record. Though there is some delay, however it does not seem to be intentional or deliberate. It needs to be noted that, defendant No.1 being a contesting defendant, filing written statement by him is necessary for decision of suit on merit. At the same time the delay caused by defendant No.1 needs to be balanced by imposing appropriate cost. Hence, the order
    ORDER
    1. Notice of Motion No.2617 of 2023 is allowed.
    2. The delay in filing written statement is hereby condoned subject to cost of Rs.5,000/- (Rupees five thousand only)
    3. Cost to be deposited in the Court or paid to the plaintiff within four weeks from today.
    4. After compliance of the cost, written statement of defendant No.1 be taken on record.
    Matter adjourned for compliance (Payment of cost) to 12.03.2025.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 12-03-2025
    
    Date: 12-03-2025
    Business: Matter called at 11.36 a.m.
    None for the parties.
    Keep back.
    Later on at 03.00 p.m.
    Adv. Wasim Khan for plaintiff present.
    Adv. Harshal Damania for defendant No.1 present .
    Adv. Suraj Kudalkar h/f. Adv. Sachin Kadam for defendant No.2 present.
    Ld. Adv. for defendant No.1 submitted that, cost of Rs.5,000/- paid to plaintiff as per order dated 12.02.2025 in NM No.2617/2023. Hence, written statement of defendant No.1 is taken on record and marked as Exh.11. O-Ld. Adv. for defendant No.1 submits that, cost is paid to plaintiff. Hence, written statement is read and recorded.
    Matter adjourned for draft issues to 19.06.2025.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 19-06-2025
    
    Date: 19-06-2025
    Business: None present for plaintiff and defendant.
    Draft issues are not filed. Suit to proceed further.
    Matter adjourned for framing issues to 05.07.2025.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 05-07-2025
    
    Date: 05-07-2025
    Business: None present for plaintiff.
    Mr. Iqbal Khan representative of defendant No.1 present.
    Adv. Pranali Misal for defendant No.1 present.
    Adv. Martina Sapkal for defendant No.2/State present.
    Heard advocate for defendant on the point of framing issue.
    Issues are framed at Exh.12.
    Matter adjourned for Recording Evidence to 26.09.2025.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 26-09-2025
    
    Date: 26-09-2025
    Business: None present for plaintiff and defendants.
    Matter adjourned for Recording Evidence to 03.12.2025.
      Judge
    Later on at 11.20 a.m.
    Adv. Arifa Shaikh h/f. Adv. Wasim Khan for plaintiff present.
    Adv. Priyanka Gaonkar h/f. Adv. Sachin Kadam for defendant No.2 present.
    Matter is already adjourned for Recording Evidence to 03.12.2025.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 03-12-2025
    
    Date: 03-12-2025
    Business: None present for plaintiff and defendants.
    There are element of settlement in this matter. Hence, matter is referred for Lok Adalat.
    Issue notice to both parties.
    Matter adjourned for Lok Nyayalay/Recording Evidence to 13.12.2025.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 13-12-2025
    
    Date: 13-12-2025
    Business: PANEL HEAD - HHJ  Shri. A. K. KALE
    Panel Member - Prof. Dipak Kumar Chattopadhyay
    Matter pertains to CR No. 8
    None present for Plaintiff.
    None present for Defendant.
    Matter is not settled. Hence,  sent to regular Court.
    Matter Adjourned to 28.01.2026
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 28-01-2026
    
    Date: 28-01-2026
    Business: None present for plaintiff.
    Adv. Harshal Damania for defendant No.1 present.
    Plaintiff failed to lead the evidence though availed sufficient opportunities. It seems that, plaintiff is not interested. Hence, matter be kept for dismissal order.
    Matter adjourned for dismissal order to 30.01.2026.
    Next Purpose: DISMISSAL
    Next Hearing Date: 30-01-2026
    
    Date: 30-01-2026
    Business: None present for plaintiff.
    Adv. Sadaf Ansari h/f. Adv. Harshal Damania for defendant No.1 present.
    Adv. Priyanka Gaonkar h/f. Ad. Sachin Kadam for defendant No.2 present.
    Keep back.
    Later on at 01.03 p.m.
    None present for plaintiff and defendants.
    Since the plaintiff failed to lead the evidence, the matter is listed for dismissal order. Inspite of that, plaintiff failed appear and to lead the evidence. Hence, matter is dismissed for want of prosecution.
    Nature Of Disposal: DISMISSED
    Disposal Date: 30-01-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 100472/2018
    Filing Date: 10-01-2018
    First Hearing Date: 21st February 2018
    Decision Date: 30th January 2026
    Court Number And Judge: 8-COURT 08 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    30 Jan 2026
    Order Details: Other
    Pdf Text: Sr. No.09
    30.01.2026
    Coram: H.H.J. Shri. P. A. SABLE, City Civil Court, Mumbai.(C.R.08)
    Suit No.
    294/2018
    None present for plaintiff.
    Adv. Sadaf Ansari h/f. Adv. Harshal Damania for defendant No.1
    present.
    Adv. Priyanka Gaonkar h/f. Ad. Sachin Kadam for defendant No.2
    present.
    Keep back.
    Later on at 01.03 p.m.
    None present for plaintiff and defendants.
    Since the plaintiff failed to lead the evidence, the matter is listed for
    dismissal order. Inspite of that, plaintiff failed appear and to lead the
    evidence. Hence, matter is dismissed for want of prosecution.
    Judge
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