Order Details: Notice of Motion Pdf Text: 1 IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY Draft notice of motion In S.C.Suit No.218 of 2019 Shri Gerald Martis ...Plaintiff Versus M/s Aalay Developers and Ors ... Defendants Advocate Mr. Zubin Dalal for plaintiff Advocate B.S. Sutar for defendant/MMC CORAM : HIS HONOUR JUDGE SHRI. G.B.GURAO DATE : 11th February , 2019 (Court Room No.06) O R D E R 1 Plaintiff has taken out this draft notice of motion…
SUIT - SHORT CAUSE CIVIL SUIT
Gerald MartisVsM/s. Aalay Developers +3 more
CNR MHCC0100092620195-COURT 05 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
PENDING
TrustJury record updated 17 Sept 2026
Case Overview
- Registration Number
- 100218/2019
- Registration Date
- 25 Jan 2019
- Next Hearing Date
- 15 Oct 2026
- Case Stage
- DISMISSAL
Advocates
1For Petitioner
For Respondent
Not available
Parties
5Petitioner
Acts & Sections
1Hindu Marriage Act · Sec 34 · 38 · 39
Case History / Proceedings
Case History
Date: 28-01-2019
Business: By precipe.
Advocate Mr. Dalal for plaintiff present
Advocate Mr. Sutar for deft./MMC present.
Plaintiff is directed to serve writ of summons and file affidavit of service on next date. Short service is allowed.
Adjourned for writ of summons to 30.01.2019.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 30-01-2019
Date: 30-01-2019
Business: Advocate Mr. Dalal for plaintiff present and filed draft NM.
Advocate Mr. Sutar for deft./MMC present.
Plaintiff is directed to serve the draft NM, affidavit in support of NM and plaint to the defendants. Short service is allowed through bailiff.
Adjourned for appearance/ad interim hearing to 01.02.2019.
Judge
Next Purpose: N/M FOR AD-INTERIM
Next Hearing Date: 01-02-2019
Date: 01-02-2019
Business: Advocate Mr. Dalal for plaintiff present and filed bailiff report.
Advocate Mr. Sutar for deft./MMC present.
Adjourned for ad interim hearing to 06.02.2019 (12.00 noon).
Judge
Next Purpose: N/M FOR AD-INTERIM
Next Hearing Date: 06-02-2019
Date: 06-02-2019
Business: Advocate Mr. Dalal for plaintiff present.
Advocate Mr. Sutar for deft./MMC present with officer Shri Dasharath Zole (Admin. Officer, E/ward).
None present for other defendants.
Defendant-corporation is directed to keep present the concern officer present on the next date.
Adjourned for ad interim hearing to 08.02.2019.
Judge
Next Purpose: N/M FOR AD-INTERIM
Next Hearing Date: 08-02-2019
Date: 08-02-2019
Business: Advocate for plaintiff present.
Advocate Mr. Sutar for deft./MMC present.
Court is busy in other urgent matters.
Adjourned for ad interim orders to 11.02.2019.
Judge
Next Purpose: N/M FOR AD-INTERIM
Next Hearing Date: 11-02-2019
Date: 11-02-2019
Business: Advocate for plaintiff present.
Advocate Mr. Kumawat for deft./MMC present.
F.R.S.R. the following order is passed on draft NM -
ORDER
1. Defendant no. 1 is directed to reserve one flat in the rehab
building on the suit premises i.e. being C.S.No.1871 off. Byculla
Division, know as Sarvodaya Nagar, Farooq S. Umarbhoy Road,
Agripada, Mumbai-40011.
2. Plaintiff to comply order 39 rule 3 of CPC.
3. Draft NM be registered.
Adjourned for reply/hearing on NM/writ of summons to 26.04.2019.
Judge
Next Purpose: REPLY
Next Hearing Date: 26-04-2019
Date: 26-04-2019
Business: Advocate for plaintiff present and filed registered NM No. 1188/19 a/w affidavit of service.
Representative of defendant no. 1 Mr. Jitendra Phadanis is present.
Advocate Mr. Sutar for deft./MMC present.
Earlier order, if any, to continue till next date.
Plaintiff is directed to serve the copy to defendant no. 1.
Defendant no. 1 is directed to furnish the address to the court.
Adjourned for reply/hearing on NM to 29.07.2019.
Judge
Next Purpose: REPLY
Next Hearing Date: 29-07-2019
Date: 29-07-2019
Business: Advocate for plaintiff is present.
Advocate Mr. Sutar for defendant/BMC present.
Representative of defendant no. 1 present.
Earlier order, if any, to continue till next date.
Adjourned for filling reply on NM to 16.10.2019.
Judge
Next Purpose: REPLY
Next Hearing Date: 16-10-2019
Date: 16-10-2019
Business: Advocate for plaintiff is present.
Advocate Mr. Sutar for defendant/BMC is present.
Advocate Mr. Ritesh S. Karkera for defendant no. 1 present and filed Vakalatnama at Exh. 02.
Earlier order, if any, to continue till next date.
Adjourned for NM reply to 18.12.2019.
Judge
Next Purpose: REPLY
Next Hearing Date: 18-12-2019
Date: 18-12-2019
Business: Advocate for plaintiff is present.
Advocate Ms. Vyavahare for defendant/BMC is present.
Advocate for defendant no. 1 is present.
Earlier order, if any, to continue till next date.
Adjourned for NM reply to 26.02.2020.
Judge
Next Purpose: REPLY
Next Hearing Date: 26-02-2020
Date: 26-02-2020
Business: Court busy in Hearing of Precipe ad-interim matters Su. 144/20, St. 2484/2020, 509/2020 and 1948/2020 therefore board discharged.
Adjourned for N/M Hearing to 27/04/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-04-2020
Date: 27-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-05-2020
Date: 18-05-2020
Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 77 of 2020 matter adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-06-2020
Date: 05-06-2020
Business: As per office order No. 83/2020 dated 01/06/2020 matter adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-06-2020
Date: 23-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-07-2020
Date: 28-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-09-2020
Date: 17-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-11-2020
Date: 07-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-02-2021
Date: 04-02-2021
Business: Advocate for plaintiff present.
Advocate for defendant/BMC present.
Advocate for defendante no. 1 present.
Earlier order, if any, to continue till next date.
Court busy in dictating order in suit No. 4064/13, 1216/2020 and R/E in Suit No. 2891/11 and other orders.
Adjourned for NM Hearing to 01-04-2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-04-2021
Date: 01-04-2021
Business: Advocate for plaintiff present.
Advocate for deft/BMC present.
Earlier order, if any, to continue till next date.
Adjourned for NM Hearing to 08.07.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-07-2021
Date: 08-07-2021
Business: In view of Office Circular/Order 106/2021 Dt. 14-06-2021 , only urgent matters are taken, hence the remaining board is discharged hence matter is adjd. to
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-08-2021
Date: 10-08-2021
Business: Adv. absent for plaintiff.
Adv. Hitesh present for defendant no. 01 and tendered affidavit in reply to NM no. 1186/19 @ list of documents, t.o.r.
Adv. Vyavahare present for MCGM/defendant and requested date for filling reply. hence, Matter adjourned for filling reply/hearing to. 16/09/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-09-2021
Date: 16-09-2021
Business: court is on leave, adjd
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-09-2021
Date: 23-09-2021
Business: Adv. absent for plaintiff.
Adv. Vidya Vyavahare present for MCGM/defendant.
Adv. Shailesh present for defendant no. 01.
l.o. at 05.25 pm.
Adv. Nitesh present for defendant no. 01.
Matter adjourned for nm hearing to. 05-10-2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-10-2021
Date: 05-10-2021
Business: As court is busy in hearing arguments on Nm no. 3220/2012 in suit no. 4743/12, in Suit no. 1633/2021, in SU 2451/2019, on NM no. 1052/2012 in suit no. 986/2012 and in suit st. no. 6122/21 and dictating order on draft Chs. in suit no. 2945/15, hence remaining board is discharged, and matter is adjd. to.23/11/21.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-11-2021
Date: 23-11-2021
Business: None Present For Plaintiff.
Adv. Vyavhare @ Adv. Sutar for MCGM/defendant.
Adv. Ritesh Khadke present for Def. no. 01.
As plaintiff and his Adv. are absent.
Matter adjourned for NM dismissal order on 07-12-2021.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 07-12-2021
Date: 07-12-2021
Business: None present for plaintiff.
Adv. Vidya present for MCGM/defendant no. 02 and 03.
Adv. Hitesh present for deff 01.
none present for deff no. 04.
Perusal of record reveals that, plaintiff and his adv. are absent since long and therefore, matter is kept for NM dismissal order.
Today also plaintiff and her adv. are absent and they failed to argue the Notice of Motion No. 1188/2019. As such it appears that, plaintiff is not interested to proceed further with the above Notice of Motion. hence, Notice of Motion No. 1188-19 is dismissed as per Order 9 Rule 1 of The Code of Civil Procedure.
Matter adjourned for writ of summons to. 27/01/22.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 27-01-2022
Date: 27-01-2022
Business: In view of the office order no. 07/2022 dated. 07/01/22 of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06/01/22 of Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge of COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s. Hence, matter is adjourned to
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 07-04-2022
Date: 07-04-2022
Business: None for plaintiff.
Adv. Smt. Vidya Vyavahare for MCGM/ defendant present.
For the defendant which shows that the deft is served with the writ of summons though at the time of NM hence, matter be fixed for written statement.
Matter is adjd for W/S on 21-07-2022
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 21-07-2022
Date: 21-07-2022
Business: None for Plaintiff.
Adv. Mr. Bibhishan Sutar for MCGM/ defendant present.
The matter shows elements of settlements between the parties hence, it be posted before upcoming Lok-adalat dated. 13.08.2022 and issue notice to the parties.
Matter is adjd for Lok-adalat on 13-08-2022
Next Purpose: Lok-Nyayalay
Next Hearing Date: 13-08-2022
Date: 13-08-2022
Business: Matter pertaining to C.R.No.5
The Plaintiff is present.
Advocate Mr.Arvind Giriraj for the plaintiff is present.
Advocate Mrs.Vidya Vyavhare for BMC-E Ward for defendant Nos.2 and 3 is present.
Defendant No.1 and 4 absent.
As the other defendants are absent for discussions, the matter could not be settled.
Matter is adjourned to 18/8/2022 before regular court.
Next Purpose: HEARING
Next Hearing Date: 18-08-2022
Date: 18-08-2022
Business: Court is busy in High Court Time Bound Matters i.e. Suit No. 216/2012 and Suit. No. 285/2020 hence want of time board is discharged.
Next Purpose: HEARING
Next Hearing Date: 03-10-2022
Date: 03-10-2022
Business: As court is busy in NM order in Suit no. 30/18. Hence, matter is adjourned to
Next Purpose: HEARING
Next Hearing Date: 16-11-2022
Date: 16-11-2022
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: HEARING
Next Hearing Date: 19-12-2022
Date: 19-12-2022
Business: None for Plaintiff.
Adv Smt. Kumud Soraan for defendant/MCGM present.
Matter is adjd for W/S on 20-01-2023
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 20-01-2023
Date: 20-01-2023
Business: Plaintiff is present and his adv is absent.
Adv Mustafa Kachwala for defendant no.1 present.
Adv Smt. Kumud Soraan @ Adv Vidya Vyavhare for defendant/MCGM present.
There is elements of settlement in the present matter. Hence,matter is referred for mediation.
Matter is adjd for mediation report on 02-03-2023
Next Purpose: MEDIATION REPORT
Next Hearing Date: 02-03-2023
Date: 02-03-2023
Business: As P.O. is on leave. Hence, matter adjourned.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 20-06-2023
Date: 20-06-2023
Business: None for Plaintiff.
Adv. Ms. Vyavahare for MCGM present.
Adv. Ketki h/f Adv. Defendant present.
Matter is adjd to 17.08.2023 for mediation report.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 17-08-2023
Date: 17-08-2023
Business: Plaintiff present.
Adv. Ketki Pansare i/b Majumdar and Partners for D-1 present.
Matter is adjd to 03.10.2023 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 03-10-2023
Date: 03-10-2023
Business: Plaintiff present. His advocate is absent.
Adv. Vidya Vyavahare for defendant/MCGM present.
On oral request of plaintiff matter is adjourned.
Matter is adjd to 14.12.2023 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 14-12-2023
Date: 14-12-2023
Business: Plaintiff present. His advocate is absent.
Adv. Ketki Pansare i/b Kachwala Misar for D-1 present.
Adv. Vidya Vyavahare for defendant/MCGM present.
Matter is adjd to 12.03.2024 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 12-03-2024
Date: 12-03-2024
Business: None for Plaintiff.
Adv. Vyavahare for defendant/BMC present.
Adv. Rohini Sewlani i/b Kachwala and Co. for D-1 present.
Matter is adjd to 27.06.2024 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 27-06-2024
Date: 27-06-2024
Business: None for Plaintiff.
Adv. Shaikh Yusuf Ali i/b Kachwala and Co. for D-1 present.
Adv. Sachin Vajale for defendant/BMC present.
Matter is adjd to 13.08.2024 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 13-08-2024
Date: 13-08-2024
Business: None for Plaintiff.
Adv. Shrusti Shetty i/b Krishnamurti and Co. for D-1 present.
Adv. Sachin Vajale for defendant no. 2 and 3/BMC present.
None for D-4.
Matter is pending since long for taking steps. Hence, last chance granted for taking steps to secure presence of D-4.
Matter is adjd to 15.10.2024 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 15-10-2024
Date: 15-10-2024
Business: None for Plaintiff.
Adv. Shrushti Shetty i/b Krishnamurthy and Co.for D-1 present.
Matter is adjd to 07.01.2025 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-01-2025
Date: 07-01-2025
Business: None for plaintiff present.
Adv. Shrushti Shetty i/b Krishnamuttay and co. D-1 present.
Since long matter is for taking steps but plaintiff failed to do so. Hence the suit be fixed for dismissal order on next date.
Matter is adjd to 15-02-2025 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 15-02-2025
Date: 15-02-2025
Business: The P.O. is on leave hence, matter to adjd
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-04-2025
Date: 17-04-2025
Business: The P.O. is on leave hence, matter is adjd.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 01-07-2025
Date: 01-07-2025
Business: None for Plaintiff.
Adv. Srishti Shetty i/b Krishnamurthey and Co. for D-1 present.
Adv. Sachin Vajale for defendant No. 2 and 3/BMC present.
None for D-4.
No steps have been taken against Defendant No. 4. Hence, suit dismissed against defendant No. 4 only.
Matter is adjd to 05.08.2025 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 05-08-2025
Date: 05-08-2025
Business: None for Plaintiff.
Adv. Srishti Shetty i/b Krishnamurthy and Co. for D-1 present and tendered draft NM along with affidavit in support along with written statement. Taken on record. O- Leave granted to register the NM.
Adv. Chaitanya Dalvi for Defendant/MCGM present.
Matter is adjd to 07.08.2025 for NM hearing.
Later on at 4.00 p.m. Learned advocate for D-1 has tendered registered Notice of Motion No.4338/25 along with affidavit in support. Taken on record.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-08-2025
Date: 07-08-2025
Business: None for Plaintiff.
Adv. Sachin Vajale for defendant No/BMC present and filed say on overleaf of the NM No. 4338/25.
Adv. Srishti Shetty i/b Krishnamurthy and Co. for D-1 present.
Nobody appeared on behalf of plaintiff, not filed say. Hence, put for hearing without say of plaintiff.
Matter is adjd to 19.08.2025 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-08-2025
Date: 19-08-2025
Business: None for Plaintiff.
Adv. Chaitanya Dalvi for Defendant/MCGM present.
Due to heavy rain and in view of the circular of Hon’ble PJ the board is discharged.
Matter is adjd to 09-09-2025 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-09-2025
Date: 09-09-2025
Business: None for Plaintiff.
Adv. Kavish Arora i/b Krishnamurthy and Co. for D-1 present.
Adv. Chaitanya Dalvi h/f Adv. Sachin Vajale for Defendant No.2/MCGM present and filed say on overleaf of the NM No. 4338/25.
Heard argumnets of both sides on NM No. 4338/25.
FRSR the following order is passed -
Order on NM No. 4338 of 2025
1. Notice of motion No. 4338 of 2025 is made absolute in terms of prayer clause (a), (b) and (c).
2. Notice of motion No. 4338 of 2025, stands disposed of accordingly.
Matter is adjd to 11.11.2025 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 11-11-2025
Date: 11-11-2025
Business: None for Plaintiff.
Adv. Sangita Honmane for defendant No. 2 and 3/BMC present.
Adv. Shrishti Shetty i/b Krishnamurthy and Co. for D-1 present.
Exh. 6 - Written statement of D-1.
Despite of giving sufficient opportunity defendant/MCGM has failed to file written statement. Hence, suit to proceed without written statement of defendant/MCGM.
Matter is adjd to 20.12.2025 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 20-12-2025
Date: 20-12-2025
Business: None for Plaintiff.
Adv. Chaitanya Dalvi for Defendant No.2 and 3/MCGM present.
Adv. Sakshi Sri i/b Krishnamurthy and Co. for D-1 present.
Exh. 7 - Issues are framed.
Matter is adjd to 08.01.2026 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-01-2026
Date: 08-01-2026
Business: None for Plaintiff.
Adv. Sakshi Dri i/b Krishnamurthy and Co. for D-1 present.
Adv. Sangita Honmane for defendant/BMC present.
From the record it appears that on last date issues are framed, but since long none present for plaintiff. Matter is of the year 2019, so plaintiff is directed that to take necessary steps in the matter otherwise it will be kept for dismissal order.
Matter is adjd to 10.03.2026 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-03-2026
Date: 10-03-2026
Business: None for Plaintiff.
Adv. Shristi Shetty i/b Krishnamurthy and Co. for D-1 present.
Adv. Sangita Honmane for defendant/MCGM present.
In view of order dated 08.01.2026 suit be kept for dismissal order on next date.
Matter is adjd to 23.04.2026 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 23-04-2026
Date: 23-04-2026
Business: Matter pertains to CR No.5
None for plaintiff.
Adv. Mortuza Zoeb Engineer for Defendant No. 1 Present and he filed Vakalatnama for Defendent No. 3 a/w No objection. Taken on record. Marked as Exh. 08. O- Filed.
Adv. V. G. Shinde for defendant/ MCGM present.
Matter is adjd to 23.06.2026 for Dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 23-06-2026
Date: 23-06-2026
Business: Court is vacant
Next Purpose: DISMISSAL
Next Hearing Date: 01-08-2026
Date: 01-08-2026
Business: None for Plaintiff.
Adv. V. G. Shinde for Defendant/MCGM present.
Matter is adjd to 15.10.2026 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 15-10-2026Additional Case Details
Additional Case Details
Filing Number: 101039/2019 Filing Date: 24-01-2019 First Hearing Date: 28th January 2019 Court Number And Judge: 5-COURT 05 ADDL SESSIONS JUDGE
Orders
2Interim Order 1Full order available
11 Feb 2019
Order 1Full order available
11 Feb 2019
Order Details: Notice of Motion Pdf Text: 1 IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY Draft notice of motion In S.C.Suit No.218 of 2019 Shri Gerald Martis ...Plaintiff Versus M/s Aalay Developers and Ors ... Defendants Advocate Mr. Zubin Dalal for plaintiff Advocate B.S. Sutar for defendant/MMC CORAM : HIS HONOUR JUDGE SHRI. G.B.GURAO DATE : 11th February , 2019 (Court Room No.06) O R D E R 1 Plaintiff has taken out this draft notice of motion…
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