Order Details: Other Pdf Text: Ad-Interim in NM No.1191/2019 1 L.C. Suit No.335/2019 (CNR NO. MHCC01-003062-2019) IN THE BOMBAY CITY CIVIL COURT AT BOMBAY AD-INTERIM ORDER IN NOTICE OF MOTION NO. 1191 OF 2019 IN L.C. SUIT NO. 335 OF 2020 Shri. Mukesh Pitya Mundarkar )...Plaintiff V/s. M/s Aalay Developers & Ors. ) ....Defendants APPEARANCE:- Ld. Adv. Mr. Jubin Dalal for the plaintiff. Ld. Adv. Mrs. Vidya Vyavahare for the defendant/MCGM. Ld. Satish Kekane for the defendant No.1. CORAM :…
SUIT - SHORT CAUSE CIVIL SUIT
Shri. Mukesh Pitya MundarkarVsAalay Developers +3 more
CNR MHCC0100124520195-COURT 05 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
PENDING
TrustJury record updated 17 Sept 2026
Case Overview
- Registration Number
- 100335/2019
- Registration Date
- 07 Feb 2019
- Next Hearing Date
- 15 Oct 2026
- Case Stage
- DISMISSAL
Advocates
1For Petitioner
For Respondent
Not available
Parties
5Acts & Sections
1Hindu Marriage Act · Sec 34 · 37
Case History / Proceedings
Case History
Date: 04-03-2019
Business: By precipe.
Advocate for plaintiff present and filed draft NM. Leave is granted to register. Copy served to other side.
Advocate Mr. Kumawat for deft./MMC present.
Adjourned for reply to NM to 08.04.2019.
Next Purpose: REPLY
Next Hearing Date: 08-04-2019
Date: 08-04-2019
Business: None present for plaintiff.
Advocate for defendant no. 1 is present.
Advocate Mr. Sutar for deft./MMC present.
Plaintiff is directed to file register NM and writ of summons.
Adjourned for NM reply/writ of summons to 22.07.2019.
Judge
Next Purpose: REPLY
Next Hearing Date: 22-07-2019
Date: 22-07-2019
Business: None present for plaintiff.
Advocate Mr. Sutar for defendant/BMC present.
Plaintiff is not filed register NM and writ of summons.
It is directed to the plaintiff to file register NM and writ of summons on next date. Otherwise, necessary order will be passed.
Adjourned for writ of summons / dismissal to 04.10.2019.
Judge
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 04-10-2019
Date: 04-10-2019
Business: Advocate for plaintiff is present and filed registered NM No. 1191/19.
Advocate Mr. Sutar for defendant/BMC present.
Adjourned for NM reply to 18.12.2019.
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-11-2019
Date: 22-11-2019
Business: By precipe
Advocate for plaintiff is present and filed additional affidavit in support of NM.
Advocate Mr. Sutar for defendant/BMC is present.
Advocate for defendant no. 1 is present.
Matter is already adjourned to 18.12.2019.
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-12-2019
Date: 18-12-2019
Business: Advocate for plaintiff is present.
Advocate Ms. Vyavahare for defendant/BMC is present and requested for short adjournment for filing reply. Request is allowed.
Adjourned for NM hearing to 26.02.2020.
Next Purpose: NM FOR HEARING
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 17/06/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-06-2020
Date: 17-06-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-08-2020
Date: 21-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-10-2020
Date: 16-10-2020
Business: Due to Covid-19. Matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-10-2020
Date: 27-10-2020
Business: By precipe
Adv. Dalal a/w Ashraf Patel for plaintiff present. He has filed additional affidavit in support of NM.
Adv. Vyavahare for defendant/BMC absent.
Heard arguments of advocate for plaintiff on ad-interim relief.
Kb
L.O. at 12.30 p.m
Adv. Harish Devani for defendant No.1 is present. He says that he was seating in C.R.No.06 and he was not knowing that C.R.No.06 is functioning from the court hall bearing Room No.09. As learned advocate for plaintiff has left the court and for the reasons which are placed on record by defendant No.1 and the fact that there are other order matters, this matters is placed tomorrow for hearing of defendant No.1.
Matter adjd. to 28.10.2020 for Order.
Next Purpose: ORDER
Next Hearing Date: 28-10-2020
Date: 28-10-2020
Business: None present for plaintiff.
Adv. Satish Kekane a/w Adv. Ritesh Kirkiya for D/1 present. He has filed written submission t.o.r. Copy served to defendant BMC.
Adv. Vyavahare for defendant/BMC present.
Court is busy in hearing argument in H.C.T.B. Suit No.4418/2011 along with Suit No.2742/11 and other urgent matters, Matter adjd. to 02.11.2020 for Ad-interim hearing.
Next Purpose: HEARING
Next Hearing Date: 02-11-2020
Date: 02-11-2020
Business: Adv. Jubin Dalal for plaintiff present.
Adv. Vyavahare for defendant/BMC present.
Adv. Satish Kekane for D/1 present.
Heard arguments on both the sides on ad-interim relief.
Matter adjd. to 07.11.2020 for Order.
Next Purpose: ORDER
Next Hearing Date: 07-11-2020
Date: 07-11-2020
Business: None present for plaintiff.
None present for defendant/BMC.
Adv. for defendant No.1 present.
F. R.S.R Following order is passed on Ad-interim relief.
Prayer of plaintiff with respect to Ad-interim relief is rejected.
Matter adjd. for NM reply to 18.01.2021.
Next Purpose: REPLY
Next Hearing Date: 18-01-2021
Date: 18-01-2021
Business: Court is on leave.
Next Purpose: REPLY
Next Hearing Date: 17-03-2021
Date: 17-03-2021
Business: Advocate for plaintiff present.
Advocate for defendant/BMC present.
Court is busy in hearing argument in Suit No. 1132/2020 to 1134/2020.
Adjourned for reply to 09/07/2021.
Next Purpose: REPLY
Next Hearing Date: 09-07-2021
Date: 09-07-2021
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: REPLY
Next Hearing Date: 12-08-2021
Date: 12-08-2021
Business: As court is busy in hearing arguments on Chs. 632/2020 in suit no. 2922/2015, on Exh. 11 in suit no. 315/15 , on chs. 509/2019 in SU 1600/2016, on Chs. 377/19 in Suit no. 2505/2011 and on Chs. 1289/2018 in Suit 2130/17 and on suit no. 1914/19. Hence, remaining board is discharged and matter is adjd. 23/09/2021.
Next Purpose: REPLY
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 reply to. 05-10-21.
Next Purpose: REPLY
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: REPLY
Next Hearing Date: 23-11-2021
Date: 23-11-2021
Business: None Present For Plaintiff.
Adv. Vyavhare @ Adv. Sutar for MCGM/defendant and sought time to file reply.
Adv. Deepak Talvar present for Def. no. 01.
Matter adjourned for NM reply on 07-12-2021.
Next Purpose: NM REPLYREJOINDER
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.
As plaintiff and his adv. absent, Matter adjourned for nm dismissal order to. 27/01/22.
Next Purpose: NM FOR HEARING
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: NM FOR HEARING
Next Hearing Date: 16-04-2022
Date: 16-04-2022
Business: H.H.J gone to training programe at Uttan hence, board discharged matter adjd to.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-07-2022
Date: 16-07-2022
Business: None for Plaintiff.
Adv. Mr. Bibhishan Sutar for MCGM/ defendant present.
FRSR the following order is passed on Notice of Motion No. 1191 of 2019
ORDER
Plaintiff is absent since long. Neither he appeared nor argued the Notice of motion. Defendants are present. They have not admitted the suit claim. Hence, the Notice of Motion No. 1191 of 2019 is dismissed in default as per order 9 rule 8 of Civil Procedure Code.
Matter is adjd for service of writ of summons on 18-08-2022
Next Purpose: WRIT OF SUMMONS
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 and urgent hearing in Suit No. 2593/2010 hence, want of time board is discharged.
Next Purpose: WRIT OF SUMMONS
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: WRIT OF SUMMONS
Next Hearing Date: 16-11-2022
Date: 16-11-2022
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 19-12-2022
Date: 19-12-2022
Business: None for Plaintiff.
Adv Smt. Kumud Soraan for defendant/MCGM present.
Plaintiff is absent and failed to take necessary steps to serve deft by writ of summons. Hence, matter be posted for dismissal on next date.
Matter is adjd for dismissal on 20-01-2023
Next Purpose: DISMISSAL
Next Hearing Date: 20-01-2023
Date: 20-01-2023
Business: Plaint at Exh.1.
V/P at Exh.2.
Memorandum of address at Exh.3.
List of documents at Exh.4.
Affidavit in support of plaint. Exh.5
None for Plaintiff.
Adv Mustafa Kachwala for defendant no.1 present.
Adv Smt. Kumud Soraan for defendant/MCGM present.
KB L.O.
Adv Arvind Giriraj for Plaintiff present and and filed application for withdrawal of V/P along with the notice issued to the Plaintiff. TOR. Exh.6. O - Issue Court Motion Notice.
Adv for deft no. 1 present.
Matter is adjd for report on 02-03-2023
Next Purpose: REPORT
Next Hearing Date: 02-03-2023
Date: 02-03-2023
Business: As P.O. is on leave. Hence matter adjourned.
Next Purpose: 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 report.
Next Purpose: REPORT
Next Hearing Date: 17-08-2023
Date: 17-08-2023
Business: Plaintiff present and requested for time to appoint another advocate.
Adv. Ketki Pansare i/b Majumdar & 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: None for plaintiff
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.4341/25 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. 4341/25.
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. 4341/25.
Heard argumnets of both sides on NM No. 4341/25.
FRSR the following order is passed -
Order on NM No. 4341 of 2025
1. Notice of motion No. 4341 of 2025 is made absolute in terms of prayer clause (a), (b) and (c).
2. Notice of motion No. 4341 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. 7 - 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. 8 - 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. 09. 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: 101377/2019 Filing Date: 01-02-2019 First Hearing Date: 04th March 2019 Court Number And Judge: 5-COURT 05 ADDL SESSIONS JUDGE
Orders
2Interim Order 1Full order available
07 Nov 2020
Order 1Full order available
07 Nov 2020
Order Details: Other Pdf Text: Ad-Interim in NM No.1191/2019 1 L.C. Suit No.335/2019 (CNR NO. MHCC01-003062-2019) IN THE BOMBAY CITY CIVIL COURT AT BOMBAY AD-INTERIM ORDER IN NOTICE OF MOTION NO. 1191 OF 2019 IN L.C. SUIT NO. 335 OF 2020 Shri. Mukesh Pitya Mundarkar )...Plaintiff V/s. M/s Aalay Developers & Ors. ) ....Defendants APPEARANCE:- Ld. Adv. Mr. Jubin Dalal for the plaintiff. Ld. Adv. Mrs. Vidya Vyavahare for the defendant/MCGM. Ld. Satish Kekane for the defendant No.1. CORAM :…
TrustJury presents public court-record information for legal discovery and reference. Record availability and detail can vary by source and case.
