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SUIT - SHORT CAUSE CIVIL SUIT

Indus Towers Ltd.VsMCGM +1 more

CNR MHCC0100133320195-COURT 05 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHER
Decision Date: 23rd December 2025

TrustJury record updated 18 Sept 2026

Case Overview

Registration Number
101092/2019
Registration Date
18 Apr 2019

Advocates

1

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    Hindu Marriage Act · Sec 37 · 44

    Case History / Proceedings

    Case History
    Date: 24-04-2019
    Business: Adv. for plaintiff absent.
    Adv.Smt.Patil for defendant/MCGM present and sought time to file Written statement.
    Matter adjd to 03/05/2019 for Written statement.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 03-05-2019
    
    Date: 03-05-2019
    Business: Adv.Mr.Shahajad Irani for plaintiff present.
    Adv.Smt.Dipali Patil for defendant/MCGM present.
    Matter adjd to 10.06.2019 for WS/Order.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 10-06-2019
    
    Date: 10-06-2019
    Business: Adv.Mr.Irani for plaintiff present.
    Adv.Mr.Patil for defendant/MCGM present.
    Ld.Adv.for Plaintiff seeks to serve the writ of summons to the defendant.
    Matter adjd to 01.07.2019 for Service of writ of summons.
    Next Purpose: SERVICE
    Next Hearing Date: 01-07-2019
    
    Date: 01-07-2019
    Business: Adv.Trani for plaintiff present.
    Adv.Mr.Pradip Patil for defendant/MCGM present.
    Matter adjd to 19.08.2019 for Service
    Next Purpose: SERVICE
    Next Hearing Date: 19-08-2019
    
    Date: 19-08-2019
    Business: Matter adjd to 23.09.2019 for Service.
    Next Purpose: SERVICE
    Next Hearing Date: 23-09-2019
    
    Date: 23-09-2019
    Business: Plaintiff and Adv. Absent.
    Adv. Mr. Patil  for defendant/MCGM present.
    Matter adjd to 21/10/2019 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 21-10-2019
    
    Date: 21-10-2019
    Business: As Vidhansabha Election is today, Govt. of Maharashtra declared holiday.
    Next Purpose: SERVICE
    Next Hearing Date: 08-11-2019
    
    Date: 08-11-2019
    Business: As Court time is over in recording evidence, hearing arguments, passing orders and misc. work hence,
    Matter adjd to 29/11/2019 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 29-11-2019
    
    Date: 29-11-2019
    Business: As Court is busy in hearing arguments in Su.775/2012 with
    668/2012, 548/2010, passing orders and misc. work hence,
    board is discharged.
    Matter adjd to 24/01/2020 for W/st.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 24-01-2020
    
    Date: 24-01-2020
    Business: Plaintiff and advocate are absent.
    Adv. Mr. Suryavanshi for the defendant  MCGM Present
    N/m reply be treated as Written Statement.
    K. B.
    L. O. at 01 20 p.m
    Adv. Mr. Irani for plaintiff present and filed affidavit of service of the writ of summons t.o.r. Filed.
    Matter is adjd to  08/04/2020 for framing issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 08-04-2020
    
    Date: 08-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 20-04-2020
    
    Date: 20-04-2020
    Business: COVID-19. Lockdown from 23.03.2020. Hence matter adjourned to 30.05.2020.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 30-05-2020
    
    Date: 30-05-2020
    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: FRAMING ISSUES
    Next Hearing Date: 17-06-2020
    
    Date: 17-06-2020
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 14-07-2020
    
    Date: 14-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 01-10-2020
    
    Date: 01-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 20-10-2020
    
    Date: 20-10-2020
    Business: Plaintiff and adv absent.
    Adv Suryawanshi for MCGM/defendant present.
    Exh.7- Issues framed.
    Matter adjourned for R/E to 02.12.2020.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 02-12-2020
    
    Date: 02-12-2020
    Business: Adv Amit Khairwal (I/b) present for plaintiff.
    Adv Suryawanshi present  for MCGM/defendant.
    Plaintiff has not given evidence yet.
    Matter adjourned for evidence of plaintiff to 11.01.2021.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 11-01-2021
    
    Date: 11-01-2021
    Business: Adv Kamini Suhas present for plaintiff.
    Adv Soraan present for MCGM/defendant.
    Till today plaintiff was not filed evidence.
    Adv of plaintiff sought adjournment.
    Matter adjourned for RE to 05.02.2021.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 05-02-2021
    
    Date: 05-02-2021
    Business: Adv Thirvan present for plaintiff
    Adv Soran for defendant/BMC
    Adv of plaintiff sought adjournment
    Matter adjourned 08/03/21 evidence.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 08-03-2021
    
    Date: 08-03-2021
    Business: Adv Amit Khairwal present for plaintiff and sought adjournment.
    Adv Soraan present for MCGM/defendant.
    Matter adjourned for evidence of plaintiff to 09.06.2021.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 09-06-2021
    
    Date: 09-06-2021
    Business: Due to covid-19 pandemic matter is adjd. to
    Next Purpose: RECORDING EVIDENCE
    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: RECORDING EVIDENCE
    Next Hearing Date: 06-09-2021
    
    Date: 06-09-2021
    Business: As court is busy in administrative work, hence board is discharged, and hence matter is adjd.t to.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 12-11-2021
    
    Date: 12-11-2021
    Business: adv. amit khairwal present  for plaintiff and sought adjournment.
    Adv. soraan present for MCGM/defendant.
    Matter adjourned for RE to. 12/01/22.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 12-01-2022
    
    Date: 12-01-2022
    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 adjourned.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 04-03-2022
    
    Date: 04-03-2022
    Business: As presiding officer is on leave. Hence, matter is adjourned to
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 18-04-2022
    
    Date: 18-04-2022
    Business: H.H.J gone to training programe at Uttan hence, board discharged matter adjd to.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 27-06-2022
    
    Date: 27-06-2022
    Business: None for Plaintiff.
    Adv Smt. Kumud Soraan for defendant/MCGM present.
    Plaintiff is absent. He is directed to appear and lead evidence on next date.
    Matter is adjd for RE on 03-08-2022
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 03-08-2022
    
    Date: 03-08-2022
    Business: Adv. Kamini for Plaintiff present.
    Adv Smt. Kumud Soraan for defendant/MCGM present.
    Matter is adjd for RE  on 03-10-2022
    Next Purpose: RECORDING EVIDENCE
    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: RECORDING EVIDENCE
    Next Hearing Date: 21-11-2022
    
    Date: 21-11-2022
    Business: None for Plaintiff.
    Adv Smt. Kumud Soraan for defendant/MCGM present.
    Plaintiff is absent though directed to appear. Hence matter be posted for necessary order for next date.
    Matter is adjd for necessary order on 16-01-2023
    Next Purpose: ORDER
    Next Hearing Date: 16-01-2023
    
    Date: 16-01-2023
    Business: As presiding officer is on leave. Hence, matter is adjourned to
    Next Purpose: ORDER
    Next Hearing Date: 20-01-2023
    
    Date: 20-01-2023
    Business: As court is busy in recording evidence in Suit No. 1394 of 2018, Suit No. 1504 of 2012 and S C. No.340 of 2020. Hence want of time board is discharged.
    Matter is adjd for NM order on 25-01-2023
    Next Purpose: ORDER
    Next Hearing Date: 25-01-2023
    
    Date: 25-01-2023
    Business: Adv Kamini Suhas for Plaintiff present.
    Adv. Mr. Diwate for MCGM/ defendant  present.
    On oral request made by advocate for plaintiff short adjournment is granted as a last chance.
    Matter is adjd for necessary order on 12-04-2023
    Next Purpose: ORDER
    Next Hearing Date: 12-04-2023
    
    Date: 12-04-2023
    Business: Adv Kamini Suhas for Plaintiff present.
    Adv Pradeep M. Patil for defendant /MCGM present.
    Matter is adjd for order  on 05-07-2023
    Next Purpose: ORDER
    Next Hearing Date: 05-07-2023
    
    Date: 05-07-2023
    Business: None for Plaintiff.
    Adv. Ms. Vyavahare for MCGM/D-1 and D-2 present.
    Matter is adjd  to  04.09.2023 for passing necessary order.
    Next Purpose: ORDER
    Next Hearing Date: 04-09-2023
    
    Date: 04-09-2023
    Business: None for Plaintiff.
    Adv. Pradip Patil for MCGM present.
    Matter is adjd  to 20.10.2023 for evidence.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 20-10-2023
    
    Date: 20-10-2023
    Business: Adv. Swati Chandan i/b Link Legal for Plaintiffpresent.
    Adv. Pradip Patil for MCGM present.
    On oral request of Ld. Adv. For plaintiff matter is adjourned.
    Matter is adjd  to 04.01.2024 for evidence.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 04-01-2024
    
    Date: 04-01-2024
    Business: Adv. Divya Patel i/b Link Legal India Law Services for Plaintiff present.
    Adv. Vyavahare for defendant/BMC present.
    Ld. Adv. For plaintiff has filed affidavit of evidence of PW No. 1 Swapnil Geete. TOR and marked at Exh. 8. Copy served to other side.
    He has also filed list of documents. TOR and marked at Exh.9. Copy served to other side. Other side to say.
    Matter is adjd  to 13.03.2024 for admission denial/say on Exh. 9.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 13-03-2024
    
    Date: 13-03-2024
    Business: Adv. Divya Patel i/b Link Legal India Law Services for Plaintiff present.
    Adv. Pradip Patil for MCGM present.
    Ld. Adv. for MCGM has filed say on overleaf of the Exh.9. Taken on record.
    Matter is adjd  to 22.04.2024 for admission denial.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 22-04-2024
    
    Date: 22-04-2024
    Business: Adv. Divya Patel i/b Link Legal for Plaintiff present.
    Adv. Ms. Rawade h/f Adv. Pradeep Patil for MCGM present.
    On oral request of Ld. Adv. For plaintiff matter is adjourned.
    Matter is adjd  to 05.07.2024 for admission denial.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 05-07-2024
    
    Date: 05-07-2024
    Business: Adv. Swati Chandan i/b Link Legal for Plaintiff present.
    Adv. A. K. Nandanwar for MCGM present.
    On oral request of Ld. Adv. For plaintiff matter is adjourned.
    Matter is adjd  to 16.08.2024 for admission denial.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 16-08-2024
    
    Date: 16-08-2024
    Business: Adv. Divya Patel i/b Link Legal India Law Services for Plaintiff present.
    Adv. G. V. Jawale for MCGM present.
    On oral request of Ld. Adv. For plaintiff matter is adjourned.
    Matter is adjd  to 23.09.2024 for admission denial.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 23-09-2024
    
    Date: 23-09-2024
    Business: Adv. Divya Patel i/b Link Legal for Plaintiff present.
    Adv. G. V. Jawale for MCGM present.
    On oral request of Ld. Adv. For plaintiff matter is adjourned.
    Matter is adjd  to 08.11.2024 for admission denial.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 08-11-2024
    
    Date: 08-11-2024
    Business: None for Plaintiff.
    Adv. G. V. Jawale for MCGM present.
    Matter is adjd  to 08.01.2025 for admission denial.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 08-01-2025
    
    Date: 08-01-2025
    Business: Adv. Swati Chandan for Plaintiff present and filled application for granting liberty to withdraw/not press the evidence of Swapnil Gite PW.1. It is taken on record and marked on Exh.10. O- In view of the reason stated in the application permission as sought is granted.
    Adv. Jawale for MCGM present.
    Matter is adjd  to 24-02-2025  for  evidence.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 24-02-2025
    
    Date: 24-02-2025
    Business: None for Plaintiff.
    Adv. G. V. Jawale for MCGM present.
    Matter is adjd to 09.04.2025 for admission denial.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 09-04-2025
    
    Date: 09-04-2025
    Business: The P.O. is on leave hence, matter is adjd
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 02-07-2025
    
    Date: 02-07-2025
    Business: Adv. Ayush Morande i/b Link Legal India Law Sevices  for Plaintiff present.
    Adv. G. V. Jawale for MCGM present.
    Matter is adjd  to 13.08.2025 for admission denial.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 13-08-2025
    
    Date: 13-08-2025
    Business: Adv. Ayush Morande i/b Link Legal India Law Services for Plaintiff present.
    Adv. A. K. Nandanwar for MCGM/Defendant present.
    Matter is adjd  to 26.09.2025 for admission denial.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 26-09-2025
    
    Date: 26-09-2025
    Business: None for Plaintiff.
    Adv. G. V. Jawale for Defendant/MCGM present.
    Matter is adjd  to 03.12.2025 for cross examination of PW No.1.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 15-11-2025
    
    Date: 15-11-2025
    Business: Mentioned by praecipe. Not on board. Taken on board.
    Adv. Ayush Morande for Plaintiff present and filed an application for taking the matter on todays board. It is taken on record and marked at Exh.23.
    He has also filed an application for permission to withdraw the suit. It is taken on record and marked at Exh.24.  O- Other side to say.
    Adv. Sangita Honmane for defendant/BMC present.
    Matter is adjd  to 26.11.2025 for say on Exh.24.
    Next Purpose: REPLY
    Next Hearing Date: 26-11-2025
    
    Date: 26-11-2025
    Business: Adv. Ayush Morande for Plaintiff present and requested for short adjournment. It is granted.
    Adv. Chaitanya Dalvi for Defendant/MCGM present.
    Matter is adjd  to 04.12.2025  for withdrawal.
    Next Purpose: WITHDRAWAL
    Next Hearing Date: 04-12-2025
    
    Date: 04-12-2025
    Business: Adv. Ayush Morande for Plaintiff present and requested time to file rejoinder. Time granted.
    Adv. Sangita Honmane for defendant/BMC present and filed say Exh.12  on application Exh. 13.
    Matter is adjd to 09.12.2025 for hearing on Exh. 13.
    Next Purpose: HEARING
    Next Hearing Date: 09-12-2025
    
    Date: 09-12-2025
    Business: Adv. Ayush Morande for Plaintiff present and filed rejoinder Exh.14 for say filed on behalf of corporation vide Exh.13 for suit withdrawal application Exh. 12. Copy served to other side.
        He has also submitted for affidavit of Adarsh Divakar Pandey dated 15.11.2025 filed on record Exh. 15 on behalf of plaintiff be taken on record and it be marked separate exhibit number. In fact, plaintiff has already filed suit withdrawal pursis vide Exh. 12 so plaintiff has to explain the purpose for which present affidavit is filed and made request for exhibiting the same separately.
    Adv. Sangita Honmane for defendant/BMC present.
    Matter is adjd  to 11.12.2025 for hearing.
    Next Purpose: HEARING
    Next Hearing Date: 11-12-2025
    
    Date: 11-12-2025
    Business: Adv. Ayush Morande for Plaintiff present and requested for short adjournment. It is granted.
    Adv. Sangita Honmane for defendant/BMC present.
    Matter is adjd to 18.12.2025 for hearing.
    Next Purpose: HEARING
    Next Hearing Date: 18-12-2025
    
    Date: 18-12-2025
    Business: Adv. Noel Thomas for Plaintiff present and requested for short adjournment. It is granted.
    Adv. Sangita Honmane for defendant/BMC present.
    Matter is adjd to 23.12.2025 for hearing.
    Next Purpose: HEARING
    Next Hearing Date: 23-12-2025
    
    Date: 23-12-2025
    Business: Adv. Zubin Dalal a/w Adv. Noel Thomas for Plaintiff present.
    Adv. Sangita Honmane for defendant/BMC present.
         In this matter plaintiff filed suit withdrawal application Exh. 12 stating therein that in view of Judgment in PIL No. 91/2023 dated 26.08.2025 passed by Honble High Court, notice issued under MRTP Act 1966 now stands infructuous and therefore plaintiff want to withdraw the suit unconditionally. He has also submitted that, permission already granted by Government of Maharashtra, Telecommunication Department and based on said permission plaintiff do not want to proceed with the suit. The Adv for MCGM raised objection by filing detail say vide Exh. 13 and submitted that Defendant/MCGM has no objection for unconditional withdrawal only. In the circumstances, considering the contents in application Exh. 12 i.e. withdrawal application and submission made by advocate for plaintiff supported by filing additional affidavit of Adarsh Pandey Exh. 15 annexed with permission for lying utility intention form, it is clear that plaintiff is not interested to proceed with the suit. Therefore, plaintiff is allowed to withdraw the suit. Hence, Suit No. 1092/2019 stands disposed of. Both parties are at liberty to act as per provisions of law.
    Nature Of Disposal: OTHER
    Disposal Date: 23-12-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 101507/2019
    Filing Date: 04-02-2019
    First Hearing Date: 24th April 2019
    Decision Date: 23rd December 2025
    Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    23 Dec 2025

    Order Details: Other Pdf Text: 23.12.2025 CORAM: SHRI A. D. SALUNKHE ADDL. SESSIONS JUDGE C.R.NO.5 SU. 1092/19 Adv. Zubin Dalal a/w Adv. Noel Thomas for Plaintiff present. Adv. Sangita Honmane for defendant/BMC present. In this matter plaintiff filed suit withdrawal application Exh. 12 stating therein that in view of Judgment in PIL No. 91/2023 dated 26.08.2025 passed by Hon’ble High Court, notice issued under MRTP Act 1966 now stands infructuous and therefore plaintiff want to withdraw the suit unconditionally. He…

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