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SUIT - SHORT CAUSE CIVIL SUIT

Asif KhanVsMCGM

CNR MHCC01000899201811-COURT 11 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 17th December 2022

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
100139/2018
Registration Date
13 Jan 2018

Advocates

1

For Respondent

    Not available

    Parties

    2

    Petitioner

    1. 1Asif Khan

    Respondent

    1. 1MCGM

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 19-01-2018
    Business: Advocate Ms. Gauri Lingayat for the Plaintiff present.
    None present for BMC/deft.
    Court is busy in dictating order in SU no. 408/15. Hence,
    Matter adjd to 6.03.2018 for N/M reply.
    Earlier order to continue till next date.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 06-03-2018
    
    Date: 06-03-2018
    Business: HHJ is on leave. Hence today board is discharged.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 04-05-2018
    
    Date: 04-05-2018
    Business: Adv. Megha h/f Shinde for Plaintiff present.
    Adv. Khandagale for BMC/Deft.present.
    Adv.for the Defendant seeks adjournment for filing reply. Granted as last chance.
    Earlier order continued till next date.
    Matter adjd to 16-08-2018 for N/m reply /no Ws order against Defendant.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-08-2018
    
    Date: 16-08-2018
    Business: Court is vacant. Hence today board is discharged
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 03-10-2018
    
    Date: 03-10-2018
    Business: Advocate for Plaintiff
    Advocate for BMC/Deft present.
    Earlier order to continue till next date.
    Court is busy in R/E in suit no.975/08 and dictating order in suit no.1866/10 and other matters, hence board is discharged and matter is adjourned to 29/11/2018.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 29-11-2018
    
    Date: 29-11-2018
    Business: Adv.for BMC present and filed
    List of documents Exh. 2 and
    Reply cum Written statement Exh. 3.
    Court is busy in dictating Judgment in Suit No. 5644/04 and hearing argument in Suit no. 1125/11, hence board is discharged and case is adjourned to 12/02/2019.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 12-02-2019
    
    Date: 12-02-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 23-04-2019
    
    Date: 23-04-2019
    Business: None for plaintiff.
    Advocate Ms.Hajare for defendant/MCGM present.
    Adv. Hajare sought time. Time is granted.
    The Case is adjd. To 24.07.2019   for  NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 24-07-2019
    
    Date: 24-07-2019
    Business: Court is on leave. Hence today board is discharged.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 30-08-2019
    
    Date: 30-08-2019
    Business: As court is busy in hearing Notice of Motion in suit no. 1016/19 and in ad-interim matters in ST No. 9431/19, SU 2355/19, ST 9599/19 and other matters on board. The case is adjourned.
    Earlier order to continue till next date.
    The case is adjourned to 16.10.2019 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-10-2019
    
    Date: 16-10-2019
    Business: None for plaintiff.
    Advocate Ms.Mhatre for defendant/MCGM present and sought time. Time is granted.
    Earlier order to continue till next date.
    The case is adjourned to 07.01.2020 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 07-01-2020
    
    Date: 07-01-2020
    Business: None for plaintiff.
    Adv. Mrs. Mhatre for deft./MCGM present, submits that documents and W.S. is already there on Exh.2 and 3.
    Matter is adjd. for NM hearing on 01.02.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-02-2020
    
    Date: 01-02-2020
    Business: None for plaintiff.
    Adv. Mrs. Todawalkar for deft./MCGM present.
    F.R.S.R. following order is passed on Draft NM.
                                  ORDER
    1. Notice of motion at draft level stands dismissed.
    2. Notice of motion at draft level disposed of accordingly.
    3. Draft NM be registered for statistical purpose.
    Matter is adjd. for framing issues on 08.04.2020.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 08-04-2020
    
    Date: 08-04-2020
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 18-04-2020
    
    Date: 18-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 08-05-2020
    
    Date: 08-05-2020
    Business: National Lockdown
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 29-05-2020
    
    Date: 29-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 16-06-2020
    
    Date: 16-06-2020
    Business: Due to covid-19
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 25-08-2020
    
    Date: 25-08-2020
    Business: Due to Ganpati Holiday matter adjd.to
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 29-10-2020
    
    Date: 29-10-2020
    Business: Due to Covid-19
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 05-01-2021
    
    Date: 05-01-2021
    Business: None present for plaintiff.
    Adv. Mrs. Tondwalkar h/f Mrs. Mhatre for deft./MCGM present.
    Matter is adjd. for framing of issues to 24.02.21.
                                                                                   Judge
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 24-02-2021
    
    Date: 24-02-2021
    Business: None present for plaintiff.
    Adv. Ms. Mhatre for deft./MCGM present.
    Matter is adjourned for issues to 26.04.21.
                                                                                   Judge
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 26-04-2021
    
    Date: 26-04-2021
    Business: Court is on leave.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 04-08-2021
    
    Date: 04-08-2021
    Business: None present for plaintiff.
    Adv. Mr. Khandagale  for deft./MCGM present.
    Issues are framed at Exh.4.
    Matter is adjourned for R.E. to 24.09.2021.
                                                                                   Judge
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 24-09-2021
    
    Date: 24-09-2021
    Business: Court is Vacant. Matter adj.to next date.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 17-11-2021
    
    Date: 17-11-2021
    Business: Court is Vacant. Matter  is adj. to next date.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 07-01-2022
    
    Date: 07-01-2022
    Business: None present for plaintiff.
    Adv. Mr. Khandagale for defendants/MCGM is present.
    Adjourned for R/E to 21.02.2022.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 21-02-2022
    
    Date: 21-02-2022
    Business: None present for plaintiff.
    Adv. Mr. Khandagale for defendant/MCGM is present.
    Adjourned for dismissal order to 16.03.2022.
    Next Purpose: DISMISSAL
    Next Hearing Date: 16-03-2022
    
    Date: 16-03-2022
    Business: None present for plaintiff.
    Adv. Ms. J.V. Mhatre h/f Adv. Khandagale for defendant/MCGM is present.
    The matter is old one and even today, the plaintiff is absent.
    Adjourned for dismissal order to 29.04.2022.
    Next Purpose: DISMISSAL
    Next Hearing Date: 29-04-2022
    
    Date: 29-04-2022
    Business: PO is on training.
    Next Purpose: DISMISSAL
    Next Hearing Date: 15-07-2022
    
    Date: 15-07-2022
    Business: None present for plaintiff.
    Adv. Mr. Khandagale for defendant/MCGM is present.
    KB LO at 05:18 pm.
    The Court is busy in order in Ch/s. 934/22 and hearing on Ch/s Nos. 29/2022, 30/2022, 31/2022, 32/2022 and 33/2022.
    Adjourned for dismissal to 24.09.2022.
    Next Purpose: DISMISSAL
    Next Hearing Date: 24-09-2022
    
    Date: 24-09-2022
    Business: Working day cancelled as per circular dated 08.12.2022 Office Order No. 169/2022 and compensate on 08.10.2022
    Next Purpose: DISMISSAL
    Next Hearing Date: 08-10-2022
    
    Date: 08-10-2022
    Business: None present for the plaintiff.
    Adv. Khandagale for defendant/MCGM is present.
    Adjourned for dismissal to 17.12.2022.
    Next Purpose: DISMISSAL
    Next Hearing Date: 17-12-2022
    
    Date: 17-12-2022
    Business: Even today, none present for the plaintiff. The matter is KB.
    Adv. Mrs. J.V. Mhatre h/f Adv. Khandagale 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 therefore, it is posted for dismissal order. The suit is about 5 years old. Nor, any stay order is communicated on the record. It is, thus, clear that he is not interested to proceed further with the suit. In the result, the suit stands 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 drawn-up accordingly. The proceeding stands closed.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 17-12-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 100726/2018
    Filing Date: 13-01-2018
    First Hearing Date: 19th January 2018
    Decision Date: 17th December 2022
    Court Number And Judge: 11-COURT 11  ADDL SESSIONS JUDGE

    Orders

    3
    Final Order 2
    17 Dec 2022
    Order Details: Other
    Pdf Text: 17.12.2022 CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11)
    Sr. No. 15
    SU 139/18
    Even today, none present for the plaintiff. The matter is KB.
    Adv. Mrs. J.V. Mhatre h/f Adv. Khandagale 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 therefore, it is
    posted for dismissal order. The suit is about 5 years old. Nor, any
    stay order is communicated on the record. It is, thus, clear that he
    is not interested to proceed further with the suit. In the result, the
    suit stands 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
    -- 1 of 1 --
    Interim Order 1Full order available
    01 Feb 2020

    Order Details: Notice of Motion Pdf Text: Draft N/m in Suit No. 139/2018. 1 Order. IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. DRAFT NOTICE OF MOTION IN SUIT NO. 139 OF 2018 (CNR NO. MHCC01-000899-2018) Asif Khan ...Plaintif Versus Municipal Corporation of Greater Mumbai ...Defendants CORAM : SHRI G.G.BHANSALI. (C.R.NO.11). DATE : 1st FEBRUARY, 2020. Mr. Shinde, Advocate for Plaintif absent). Mrs. Tondwalkar, Advocate for Defendants / MCGM. ORDER This is a motion taken out by plaintif to challenge…

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    Order 1Full order available
    01 Feb 2020

    Order Details: Notice of Motion Pdf Text: Draft N/m in Suit No. 139/2018. 1 Order. IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. DRAFT NOTICE OF MOTION IN SUIT NO. 139 OF 2018 (CNR NO. MHCC01-000899-2018) Asif Khan ...Plaintif Versus Municipal Corporation of Greater Mumbai ...Defendants CORAM : SHRI G.G.BHANSALI. (C.R.NO.11). DATE : 1st FEBRUARY, 2020. Mr. Shinde, Advocate for Plaintif absent). Mrs. Tondwalkar, Advocate for Defendants / MCGM. ORDER This is a motion taken out by plaintif to challenge…

    Read Full Order

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