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SUIT - SHORT CAUSE CIVIL SUIT

Sayed Zakir HussainVsThe Assistant Engineer

CNR MHCC0100105520205-COURT 05 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 29th August 2024

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100273/2022
Registration Date
11 Feb 2022

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    CODE OF CIVIL PROCEDURE · Sec 39

    Case History / Proceedings

    Case History
    Date: 04-03-2022
    Business: As presiding officer is on leave. Hence, matter is adjourned to
    Next Purpose: DIRECTIONS
    Next Hearing Date: 06-04-2022
    
    Date: 06-04-2022
    Business: None for Plaintiff.
    Adv. Smt. Kumud Soraan for MCGM/ defendant  present.
    Matter is adjd for directions on 17-06-2022
    Next Purpose: DIRECTIONS
    Next Hearing Date: 17-06-2022
    
    Date: 17-06-2022
    Business: As presiding officer is on leave. Hence, matter is adjourned to
    Next Purpose: DIRECTIONS
    Next Hearing Date: 05-08-2022
    
    Date: 05-08-2022
    Business: None for Plaintiff.
    Adv Smt. Kumud Soraan for defendant/MCGM present.
    Matter is adjd for directions on 22-09-2022
    Next Purpose: DIRECTIONS
    Next Hearing Date: 22-09-2022
    
    Date: 22-09-2022
    Business: None for Plaintiff.
    Adv. Smt. Vidya Vyavahare for MCGM/ defendant  present.
    Matter is adjd for directions on 01-12-2022
    Next Purpose: DIRECTIONS
    Next Hearing Date: 01-12-2022
    
    Date: 01-12-2022
    Business: P.O. is on leave.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 02-02-2023
    
    Date: 02-02-2023
    Business: None for Plaintiff.
    Adv. Mr. Bibhishan Sutar for MCGM/ defendant  present.
    Matter is adjd for directions on 10-04-2023
    Next Purpose: DIRECTIONS
    Next Hearing Date: 10-04-2023
    
    Date: 10-04-2023
    Business: None for Plaintiff.
    Adv Pradeep M. Patil for defendant /MCGM present.
    Matter is adjd for directions on 03-07-2023
    Next Purpose: DIRECTIONS
    Next Hearing Date: 03-07-2023
    
    Date: 03-07-2023
    Business: None for Plaintiff.
    Adv. Pradip Patil for MCGM present.
    Matter is adjd  to 12.09.2023 for direction.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 12-09-2023
    
    Date: 12-09-2023
    Business: None for Plaintiff.
    Adv. Ms. Vyavahare for MCGM present.
    Matter is adjd  to 09.11.2023 for direction.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 09-11-2023
    
    Date: 09-11-2023
    Business: None for Plaintiff.
    Adv.  Vidya Vyavahare for defendant/MCGM present.
    Matter is adjd  to 11.01.2024  for direction.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 11-01-2024
    
    Date: 11-01-2024
    Business: None for Plaintiff.
    Adv. Vyavahare for defendant/BMC present.
    Today also the plaintiff and his advocate are absent. Perusal of roznama shows that since after transferring the matter in this court, neither plaintiff nor his advocate remains present. Inspite the matter is kept for directions, no any service report of writ of summons on defendant is filed on record. Therefore, there is no propriety by keeping the case in abeyance in the caption of directions. Hence, matter be kept for passing dismissal order for want of steps.
    Matter is adjd  to 02.04.2024 for dismissal for want of steps.
    Next Purpose: DISMISSAL
    Next Hearing Date: 02-04-2024
    
    Date: 02-04-2024
    Business: None for Plaintiff.
    Adv. Vyavahare for defendant/BMC present.
    Matter is adjd  to  20.06.2024 for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 20-06-2024
    
    Date: 20-06-2024
    Business: None for Plaintiff.
    Adv. Sachin Vajale for defendant/BMC present.
    Matter is adjd  to 29.08.2024 for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 29-08-2024
    
    Date: 29-08-2024
    Business: None for Plaintiff.
    Today also the plaintiff and his advocate are absent. Perusal of roznama shows that the matter is pending since 2022. however, till this date, no steps were taken to serve the writ of summons to the defendants. Inspite the matter is kept in the caption of dismissal nobody turned up on behalf of the plaintiff. In these circumstances, there will be no propriety by keeping the case in abeyance. Hence, following order is passed -
    ORDER
    1. Suit stands dismissed for want of steps.
    2. L. C. Suit No. 273 of 2022 stands disposed of accordingly.
    Nature Of Disposal: DISMISSED
    Disposal Date: 29-08-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 101243/2020
    Filing Date: 27-01-2020
    First Hearing Date: 04th March 2022
    Decision Date: 29th August 2024
    Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    29 Aug 2024
    Order Details: Other
    Pdf Text: 29.08.2024 CORAM: SHRI R. M. MISHRA, ADDL. SESSIONS JUDGE C.R.NO.5
    SU. 273/22 None for Plaintiff.
    Today also the plaintiff and his advocate are absent. Perusal of roznama
    shows that the matter is pending since 2022. however, till this date, no
    steps were taken to serve the writ of summons to the defendants.
    Inspite the matter is kept in the caption of dismissal nobody turned up
    on behalf of the plaintiff. In these circumstances, there will be no
    propriety by keeping the case in abeyance. Hence, following order is
    passed -
    ORDER
    1. Suit stands dismissed for want of steps.
    2. L. C. Suit No. 273 of 2022 stands disposed of accordingly.
    Judge
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