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SUIT - SHORT CAUSE CIVIL SUIT

Shamsuddin Nasibulla Sheikh +2 moreVsMCGM +1 more

CNR MHCC0100075620198-COURT 08 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--LOKADALAT
Decision Date: 08th February 2020

TrustJury record updated 17 Sept 2026

Case Overview

Registration Number
100975/2019
Registration Date
08 Apr 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    5

    Acts & Sections

    1
    Hindu Marriage Act · Sec 36 · 37 · 38

    Case History / Proceedings

    Case History
    Date: 15-04-2019
    Business: Adv. Ms. Mudhuri h/f Adv. Donde for Plff present.
    Adv. Mrs. Bhoir for MCGM/deft. present.
    On oral request of advocate for Plff, adjournment granted.
    Adjd to 3/7/2019 for N/M hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-04-2019
    
    Date: 26-04-2019
    Business: (By preceipe).
    Adv. Ms. Sarita Donde for Plff present and tendered original registered N/M No.1651/19 alongwith affidavit.
    Adv. Mrs. Mhatre h/f Adv. Mrs. Bhoir for MCGM/ deft. present.
    Adjd to 3/5/2019 for reply to N/M.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 03-05-2019
    
    Date: 03-05-2019
    Business: Adv. Ms. Madhuri h/f Adv. Ms. Sarita Donde for Plff present.
    Adv. Mrs. Bhoir for MCGM/deft. present.
    KB - LO at 3.10 p.m.
    Adv. Ms. Sarita Donde for Plff present and tendered original registered Ch/s No.890/19 alongwith affidavit. Copy served to Deft/MCGM. Notice be served to proposed Deft on or before next date.
    Adv. Mrs. Bhoir for MCGM/deft. present.
    Adjd to 24/6/19 for reply to Ch/s and compliance.
    Next Purpose: C/S REPLY
    Next Hearing Date: 24-06-2019
    
    Date: 24-06-2019
    Business: Adv. Sarita Donde for plaintiff present.
    Adv. Siddhesh Rajput for applicant present.
    Adv. Khandagle for Defendant/MCGM present.
    On oral request of ld adv for plff, adjournment granted.
    Adjd. to 10.07.2019 for Ch/s hearing.
    Next Purpose: C/S REPLY
    Next Hearing Date: 10-07-2019
    
    Date: 10-07-2019
    Business: Adv. Sarita Donde for plaintiff present.
    Adv. Vagish Mishra for applicant present.
    Adv. Khandagle for MCGM/Deft. present.
    On oral request of ld adv for applicant, adjournment granted.
    Adjd to 13.07.2019 for Lok Nyayalay.
    Next Purpose: C/S REPLY
    Next Hearing Date: 13-07-2019
    
    Date: 13-07-2019
    Business: Adv. Sunil Khandagale for BMC present.
    Mr. Kate for BMC Officer present.
    Plaintiff absent.
    Matter Adjd. to 19.07.2019
    Next Purpose: C/S REPLY
    Next Hearing Date: 19-07-2019
    
    Date: 19-07-2019
    Business: Plaintiff no. 2 present.  His advocate is absent.
    Adv. Rajput for applicant present.
    Adv. Khandagle for MCGM/Deft. present.
    On oral request of for plff, adjournment granted.
    Adjd to 16.09.2019 for Ch/s reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 16-09-2019
    
    Date: 16-09-2019
    Business: Adv. Sarita Donde for plaintiff present.
    Adv. Mr. S.C. Khandagale for Deft/MCGM present.
    Adv. Rajput for proposed defendant present.
    On oral request of Ld. Adv. for proposed defendant, adjournment is granted.
    On oral request of Ld. Adv. for defendant, adjournment is granted.
    Adjd to 18/12/2019 for Ch/S and NM reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 14-11-2019
    
    Date: 14-11-2019
    Business: NOB TOB ( By Preceipe)
    Adv. Sarita Donde for plff present.
    Adv. Mrs. R.M. Hazare for Deft/MCGM present.
    Plff is at liberty to take out appropriate proceeding for amendment of
    plaint.
    Matter adjd. to 18/11/2019 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 18-11-2019
    
    Date: 18-11-2019
    Business: Adv.  Sarita Donde  for plaintiff present and tendered original C/S No. 2060/19 along with affidavit in support.
    Adv. Mr. S.C. Khandagale for Deft/MCGM present.
    Adv.  Rajput  for applicant present and filed reply to C/S No. 890/19. Copy served to other side.
    On oral request of advocate for Defendant, adjournment granted.
    Adjd to 25-11-2019  for NM Reply and CS Reply
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 25-11-2019
    
    Date: 25-11-2019
    Business: Advocate Ms. Sarita Dhonde for plaintiff present
    Adv. Mr. S.C. Khandagale for Deft/MCGM present.
    Mr. Yuvraj Waghole, Sub-Engineer, M/E Ward BMC present.
    Advocate Mr. Rajput for applicant present.
    Defendant/MCGM has failed to file reply to Chamber Summons no.890/19.  Oral prayer for adjmt is rejected.
    K.B.
    L.O. at 4.00 p.m. Same appearance.
           ORDER ON CHAMBER SUMMONS NO.890/19.
    The Plaintiff has made an endorsement on the Chamber Summons Not pressed.  In view thereof Chamber Summons is disposed off as withdrawn.
                      ORDER ON CH/S NO.2060/19.
    By this Chamber Summons Plaintiff wants to add prayer in the plaint and other averrments of subsequent events.  The Defendant/MCGM has objected the Chamber Summons. However, the proposed amendment does not change nature of the suit and the Chamber Summons is filed before commencement of hearing of the suit.  Therefore Chamber Summons no.2060/2019 is allowed and made absolute in terms of prayer clause (a).  The amendment be carried out in the plaint accordingly and copy be served to Defendant/MCGM on or before next date.
    Case is adjourned to 29/11/2019 for Compliance and NM reply.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 29-11-2019
    
    Date: 29-11-2019
    Business: Court is on leave. Hence, matter is adjd to next date.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 18-12-2019
    
    Date: 18-12-2019
    Business: Adv. Sarita Dhonde  for plaintiff present.
    Adv. Mrs. D.D. Patil h/f Adv. Khandagale for Deft/MCGM present.
    Amended copy of the plaint served to Defendant.
    Adjd to 15-01-2020  for  N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 15-01-2020
    
    Date: 15-01-2020
    Business: Adv. Sarita Tondale for plaintiff present.
    Plaintiff also present.
    Adv. Khandagle for MCGM/Deft. present.
    Heard Learned advocate for plaintiff.
    Perused the plaint along with documents and recent photographs filed by the plaintiff. The suit is DPL Suit. It is submitted Learned advocate for corporation submitted that he will file say reply without fail.
    Considering the facts and circumstances of the case if the notice structure found eligible certainly any action by the corporation will defeat the purpose of filing the Suit. Therefore, parties to maintain status quo till reply filed by the MCGM to the NM No. 1651/19.
    Adjd to 05.02.2020 for NM reply.
    Next Purpose: REPLY
    Next Hearing Date: 05-02-2020
    
    Date: 05-02-2020
    Business: Adv. Sarita Donde for plaintiff present.
    Adv. Khandagle for MCGM/Deft. present.
    With concern to both the parties matter is referred for NLA on 08.02.2020.
    Earlier order, if any, to continue till next date.
     Matter adjd to  08.02.2020  for settlement.
    Next Purpose: SETTLEMENT
    Next Hearing Date: 08-02-2020
    
    Date: 08-02-2020
    Business: Adv. Sarita Donde for plff. present.
    Plff. present.
    Adv. Khandagale for deft./BMC M East ward present.
    Shradha Mistry, AO Estate, M East ward present.
    Kiran Patil Sr. Inspector M East ward present.
    Sangita Chavan Sr. Estate Inspector M East ward present.
    Yuvraj Waghole SE Maintenance M East ward present.
    Matter is settled as per compromise pursis at Exh.3.
    As per compromise terms, hence suit is disposed of as decree.
    Attached copy of Aadhar card.
    Nature Of Disposal: LOKADALAT
    Disposal Date: 08-02-2020

    Additional Case Details

    Additional Case Details
    Filing Number: 100875/2019
    Filing Date: 21-01-2019
    First Hearing Date: 15th April 2019
    Decision Date: 08th February 2020
    Court Number And Judge: 8-COURT 08 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    08 Feb 2020
    Order Details: Other
    Pdf Text: IN THE COURT OF :COURT 8 ASST SESSIONS JUDGE
    Case No. :SUIT/0100975/2019
    Shamsuddin Nasibulla Sheikh Vs MCGM
    Date : 08-02-2020
    Business : Adv. Sarita Donde for plff. present. Plff. present.
    Adv. Khandagale for deft./BMC M East ward
    present. Shradha Mistry, AO Estate, M East ward
    present. Kiran Patil Sr. Inspector M East ward
    present. Sangita Chavan Sr. Estate Inspector M
    East ward present. Yuvraj Waghole SE
    Maintenance M East ward present. Matter is
    settled as per compromise pursis at Exh.3. As per
    compromise terms, hence suit is disposed of as
    decree. Attached copy of Aadhar card.
    Nature of Disposal : LOKADALAT
    Disposal Date : 08-02-2020
    COURT 8 ASST SESSIONS JUDGE
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