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SUIT - SHORT CAUSE CIVIL SUIT

Mr. Shaikh Abdul KasedVsMCGM +1 more

CNR MHCC0100093820205-COURT 05 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 24th March 2025

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100285/2020
Registration Date
23 Jan 2020

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    Hindu Marriage Act · Sec 34 · 37 · 38

    Case History / Proceedings

    Case History
    Date: 24-01-2020
    Business: N. O. B. T. O. B.
    Adv. Mr. A. R. Pande for plaintiff present and filed draft notice of motion alongwith affidavit t.o.r.
    Order- Leave granted. Notice of Motion be register.
    Plaintiff present.
    Adv. Mrs. Rawade for the defendant  MCGM Present
    Plaint.
    Vakalatnama of Plaintiff.
    Memorandum of address.
    List of documents.
    Vakalatnama of defendant.
    Heard arguments of Adv. for plaintiff and defendant corporation for ad-interim relief.
    In the meantime defendant/corporation not to take any coercive action relating to the suit structure till 28/01/20.
    Matter is adjd to 30/01/2020 for orders.
    Next Purpose: ORDER
    Next Hearing Date: 30-01-2020
    
    Date: 30-01-2020
    Business: Adv. Mr. Dubey for plaintiff present and filed registered notice of motion 400/2020 with affidavit in support t.o.r.
    Adv. Mrs. Rawade for the defendant  MCGM  present
    As Court is busy in recording evidence, hearing arguments, passing orders and other misc. work hence,
    In the meantime Defendant/Corporation not to take any coercive action against notice structure till 31/01/2020.
    Matter is adjd to 31/01/2020 for ad-interim order.
    Next Purpose: ORDER
    Next Hearing Date: 31-01-2020
    
    Date: 31-01-2020
    Business: Adv. Mr. Shobhit Shukla for plaintiff present.
    Adv. Mr. Suryavanshi/Nandanwar for the defendant  MCGM  present
    The ad-interim order on notice of motion. The notice of motion was taken up for passing orders on notice of motion. Now at 04.45 p.m it is notice that the complete set of speaking order is not filed by the plaintiff. This fact was already pointed out to the advocate for the plaintiff when the arguments on the ad-interim relief was heard. Still till today the complete copy of the order is not filed by the plaintiff.
    Ld. Adv. Mr. Shukla for plaintiff submits that at present he doesn\''t have the compete copy and would be tendering on tomorrow morning at 11.00am. Put up for order.
    Matter is adjd to 01/02/2020 for order.
    Next Purpose: ORDER
    Next Hearing Date: 01-02-2020
    
    Date: 01-02-2020
    Business: Adv. Mr. A. R. Pande for plaintiff present.
    Adv. Mrs. Rawade for the defendant  MCGM  present
    F. R. S. R. Following order is passed ad-interim.
                                    O R D E R
    The prayer for ad-interim relief is rejected.
    Adv. Mr. A. R. Pande for plaintiff present and filed an application for extension of earlier order t.o.r. and marked as Exh.
    Order- Corporation not to take any coercive action for ten days. Enabling plaintiff to prefer appeal against order passed today.
    
    Matter is adjd to 19/03/2020 for reply on n.m.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 19-03-2020
    
    Date: 19-03-2020
    Business: Adv Som Sinha for plaintiff .
    Adv Tawde for defendant
    Matter adjd to 30/4/20 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 30-04-2020
    
    Date: 30-04-2020
    Business: COVID-19. Lockdown from 23.03.2020. Hence matter adjourned to 21.05.2020.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 21-05-2020
    
    Date: 21-05-2020
    Business: In view of extension of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 09-06-2020
    
    Date: 09-06-2020
    Business: COVID-19
    Adv Chandra More for MCGM/defendant present.
    Matter adjourned for NM reply to 17.07.2020.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-07-2020
    
    Date: 17-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 11-08-2020
    
    Date: 11-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 23-09-2020
    
    Date: 23-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-10-2020
    
    Date: 16-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 03-11-2020
    
    Date: 03-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 01-12-2020
    
    Date: 01-12-2020
    Business: None present for plaintiff.
    Adv Suryawanshi for MCGM/defendant present.
    Matter adjourned for NM reply to 19.12.2020.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 19-12-2020
    
    Date: 19-12-2020
    Business: As court is on leave, hence matter is adjd to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 22-01-2021
    
    Date: 22-01-2021
    Business: As Court is on leave hence matter is adjd to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 11-02-2021
    
    Date: 11-02-2021
    Business: Adv Dubey (hf) present for plaintiff.
    Adv Rawade present for MCGM/defendant.
    Adv of defendant of sought adjournment.
    Matter adjourned for NM reply to 09.03.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 09-03-2021
    
    Date: 09-03-2021
    Business: Court is on Leave.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 23-03-2021
    
    Date: 23-03-2021
    Business: Adv. Shukla present for plaintiff.
    Adv. Rawade present for MCGM/defendant.
    Matter adjourned for NM reply to 17.06.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-06-2021
    
    Date: 17-06-2021
    Business: In view of Office Circular/Order 106/2021 Dt. 14-06-2021 , only urgent matters are taken, hence the remaining board is discharged.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-07-2021
    
    Date: 16-07-2021
    Business: As presiding officer is on leave hence matter is adjd. to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 19-07-2021
    
    Date: 19-07-2021
    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 REPLYREJOINDER
    Next Hearing Date: 31-08-2021
    
    Date: 31-08-2021
    Business: As presiding officer is on leave, hence matter is adjd. to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 12-10-2021
    
    Date: 12-10-2021
    Business: As presiding officer is on leave, hence matter is adjd. to.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 02-12-2021
    
    Date: 02-12-2021
    Business: Adv. shobit shukla for plaintiff present.
    Adv. sutar present for MCGM/defendant and sought adjournment for filling reply.
    Matter adjourned for filing reply to. 03/02/22.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 03-02-2022
    
    Date: 03-02-2022
    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.
    Matter is adjd.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 21-04-2022
    
    Date: 21-04-2022
    Business: H.H.J gone to training programe at Uttan hence, board discharged matter adjd to.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 02-07-2022
    
    Date: 02-07-2022
    Business: As court is busy.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 07-07-2022
    
    Date: 07-07-2022
    Business: Adv.Dubey for Plaintiff present and tendered application with along with High Court order dtd.27.06.2022. TOR. Exh.8.
    Order-
    8. Learned Counsel for the respective parties state that the pleadings will be completed within a period of three weeks.
    9. The learned Judge is requested to decide the Notice of Motion within a period of four weeks thereafter.
    10. Appeal stands disposed of. Application, if any, stand disposed in view of disposal of the appeal.
    Matter adjourned for NM to.18-08-2022
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 19-07-2022
    
    Date: 19-07-2022
    Business: By precipe.
    Adv.A.R.Pandey for Plaintiff present.
    Adv. Mr. Bibhishan Sutar for MCGM/ defendant  present and tendered affidavit in  reply to NM. TOR. Exh.8 O- Allowed. Copy served upon other side.
    Matter is adjd for NM hearing on 02-08-2022
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 02-08-2022
    
    Date: 02-08-2022
    Business: None for Plaintiff
    Adv. Mr. Bibhishan Sutar for MCGM/ defendant  present.
    The Court is busy in judgment dictating in Suit No. 343/2010 and dictating orders in Suit No.1266/2011, Suit No.8310/2022 hence, for want of time board is discharged.
    Matter is adjd for NM reply on 04-08-2022
    Next Purpose: S.CT.H.CT. TIME BOUND
    Next Hearing Date: 04-08-2022
    
    Date: 04-08-2022
    Business: Adv. A.R. Pandey for Plaintiff present.
    Adv. Mr. Bibhishan Sutar for MCGM/ defendant  present.
    Plaintiff\''s advocate filed rejoinder. TOR.
    Partly heard arguments of adv for Plaintiff.
    Matter is adjd for arguments p.h. on 06-08-2022
    Next Purpose: S.CT.H.CT. TIME BOUND
    Next Hearing Date: 06-08-2022
    
    Date: 06-08-2022
    Business: Adv. A.R. Pandey for Plaintiff present.
    Adv. Mr. Bibhishan Sutar for MCGM/ defendant  present.
    Heard arguments of adv for Plaintiff and adv for defendant.
    Matter is adjd for order on 18-08-2022
    Next Purpose: S.CT.H.CT. TIME BOUND
    Next Hearing Date: 18-08-2022
    
    Date: 18-08-2022
    Business: Adv. Shukla h.f. A.R. Pandey for Plaintiff present.
    Adv. Mr. Bibhishan Sutar for MCGM/ defendant  present.
    FRSR the following order is passed on NM No. 400/2020.
    ORDER
    1. Notice of Motion No. 400 of 2018 is dismissed.
    2. Notice of Motion is disposed off.
    Adv. for Plaintiff present filed application for stay. TOR. Exh.--
    O- Other side to say.
    Say filed by other side.
    O- Read the application and say. It transpires that this matter has been made time bound by Hon\''ble Bombay High Court. The status-quo order continued till disposal of Notice of Motion. Plaintiff is having legal and statutory right to challenge the order passed by this Court on the Notice of Motion.
    Hence, considering said circumstances, the application is allowed and interim protection against impugned notice and order to continue for 4 weeks from today.
    Matter is adjd for issues on 14-10-2022
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 14-10-2022
    
    Date: 14-10-2022
    Business: As court is busy in hearing urgent matter i.e. Suit No. 2261 of 2022 and order dictating in High Court Time Bound Matter Suit No. 187 of 2019. Hence want of time board is discharged.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 09-01-2023
    
    Date: 09-01-2023
    Business: Adv Shukla h/f Adv Pande for Plaintiff present.
    Adv. Smt. Vidya Vyavahare for MCGM/ defendant  present.
    Issues are framed. Exh..
    Matter is adjd for RE on 12-04-2023
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 12-04-2023
    
    Date: 12-04-2023
    Business: Adv Deepanjali Mishra for Plaintiff.
    Adv Pradeep M. Patil for defendant /MCGM present.
    On oral request made by advocate for plaintiff short adjournment is granted.
    Matter is adjd for issues on 23-06-2023
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 23-06-2023
    
    Date: 23-06-2023
    Business: None for Plaintiff.
    Adv. Pradip Patil for MCGM present.
    Matter is adjd  to 31.07.2023 for framing issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 31-07-2023
    
    Date: 31-07-2023
    Business: Adv. Deepanjali h/f Adv. A. R. Pande for Plaintiff present.
    Adv. Pradip Patil for MCGM present.
    Matter is adjd  to  11.10.2023 for framing issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 11-10-2023
    
    Date: 11-10-2023
    Business: Adv. Shobhit Shukla h/f Adv. A. R. Pande for Plaintiff present.
    Adv. Pradip Patil for MCGM present.
    Matter is adjd  to 18.12.2023 for framing issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 18-12-2023
    
    Date: 18-12-2023
    Business: Adv. Deepanjali h/f Adv. A. R. Pande for Plaintiff present.
    Adv. Pradip Patil for MCGM present.
    Matter is adjd  to 20.02.2024 for framing issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 20-02-2024
    
    Date: 20-02-2024
    Business: Adv. Deepanjali h/f Adv. A. R. Pande for Plaintiff present.
    Adv. Vyavahare for defendant/BMC present.
    Matter is adjd  to 23.04.2024 for framing issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 23-04-2024
    
    Date: 23-04-2024
    Business: Adv. Deepanjali h/f Adv. A. R. Pande for Plaintiff present.
    Adv. Vyavahare for defendant/BMC present.
    Matter is adjd  to 11.07.2024 for framing issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 11-07-2024
    
    Date: 11-07-2024
    Business: The P.O. on Second session (half day) Leave. Hence adjourned.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 17-09-2024
    
    Date: 17-09-2024
    Business: wrongly on board.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 18-09-2024
    
    Date: 18-09-2024
    Business: Taken on board.
    Adv. Shobhit Shukla h/f Adv. A. R. Pande for Plaintiff present.
    Adv. A. K. Nandanwar for MCGM present.
    Matter is adjd  to 13.12.2024 for framing issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 13-12-2024
    
    Date: 13-12-2024
    Business: Adv. Shobhit Shukla h/f Adv. A. R. Pande for Plaintiff present.
    Adv. G. V. Jawale for MCGM present.
    Matter is adjd  to 03.03.2025 for framing issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 20-12-2024
    
    Date: 20-12-2024
    Business: Mentioned by pracipe. Not on board. Taken on board.
    Adv. A. R. Pande for Plaintiff present.
    Adv. Chaitanya Dalvi for Defendant/MCGM present.
    Mr. Sagar Tote, JE (B and F) C ward present.
    The Ld. Adv. For plaintiff has tendered draft NM along with affidavit in support.  Taken on record. O- Leave granted to register the NM.
    On oral request of Ld. Adv. For defendant matter is adjourned.
    Matter is adjd  to 23.12.2024 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 23-12-2024
    
    Date: 23-12-2024
    Business: Adv. Ashok Singh h/f Adv. Shobhit Shukla for Plaintiff present.
    Adv. Chaitanya Dalvi for Defendant/MCGM present.
    Ld. Adv. for MCGM has filed affidavit in reply to NM. Taken on record. Copy served to other side.
    He has also filed list of documents. Taken on record. Copy served to other side.
    Matter is adjd to 18.03.2025 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-03-2025
    
    Date: 18-03-2025
    Business: Adv. Ayman Khan h/f Adv. A. R. Pande for Plaintiff present and requested for short adjournment. It is granted.
    Adv. Chaitanya Dalvi for Defendant/MCGM present.
    Matter is adjd  to 20.03.2025 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-03-2025
    
    Date: 20-03-2025
    Business: Adv. Ayman Khan h/f Adv. A. R. Pande for Plaintiff present and requested for short adjournment. It is granted.
    Adv. Chaitanya Dalvi for Defendant/MCGM present.
    Matter is adjd  to 24.03.2025 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-03-2025
    
    Date: 24-03-2025
    Business: Adv. Shobhit Shukla along with plaintiff present and filed an application for withdrawal of suit. It is taken on record and marked at Exh. 9.
    Adv. Chaitanya Dalvi for Defendant/MCGM present and filed say on overleaf of the Exh. Taken on record.
    Order below Exh.1
    Today plaintiff along with his advocate present. On behalf of defendant/MCGM Adv. Chaitanya Dalvi has submitted that appropriate order be passed. The application itself discloses that in view of undertaking given by the plaintiff before the Honble High Court in A.O. No. 884/2022 he wants to withdraw this suit. Therefore, taking into consideration unconditional withdrawal of the suit by plaintiff and no objection of other side, I have no reason to hold anything contrary so in the result following order is passed -
    1. L. C. Suit No. 285 of 2020 is hereby dismissed cum withdrawn for want of prosecution.
    2. In view of the withdrawal of suit, the Notice of Motion No. 6290/24 does not survive so it is accordingly disposed off.
    The plaintiff is directed to tender the registered NM No. 6290/24 on record.
    3. Court fee be refunded to the plaintiff as per rules, if he find entitle for the same.
    4. No order as to costs.
    5. Bill of costs be drawn accordingly.
    Nature Of Disposal: WITHDRAWL
    Disposal Date: 24-03-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 101075/2020
    Filing Date: 23-01-2020
    First Hearing Date: 24th January 2020
    Decision Date: 24th March 2025
    Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    24 Mar 2025

    Order Details: Order below exhibit Pdf Text: 24.03.2025 CORAM: SHRI R. S. ARADHYE, ADDL. SESSIONS JUDGE C.R.NO.5 SU. 285/20 NM 6290/24 Exh. 9 Adv. Shobhit Shukla along with plaintiff present and filed an application for withdrawal of suit. It is taken on record and marked at Exh. 9. Adv. Chaitanya Dalvi for Defendant/MCGM present and filed say on overleaf of the Exh. Taken on record. Order below Exh.1 Today plaintiff along with his advocate present. On behalf of defendant/MCGM Adv.…

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