Skip to main content
SUIT - SHORT CAUSE CIVIL SUIT

Mr. Moin Ahmed Haseen Ahmed ChoudharyVsMCGM

CNR MHCC01001355201811-COURT 11 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 21st January 2023

TrustJury record updated 08 Sept 2026

Case Overview

Registration Number
100244/2018
Registration Date
25 Jan 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Petitioner

    1. 1Mr. Moin Ahmed Haseen Ahmed Choudhary

    Respondent

    1. 1MCGM

    Acts & Sections

    1
    Bombay Tenancy and Agricultural Land (Vidarbha Region and Kutch Area) Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 01-02-2018
Business: It appears Prima facie that notice is issued in respect of unauthorized construction of first floor above existing ground floor. The Plaintiff has not filed any documents in this suit to show the legality of first floor construction. But, it appears that after passing order on 16.11.2017, the Plaintiff has replied the notice on 22.11.2017 and also annexed various documents. Therefore, in view of principle of natural justice, it is just to give one more opportunity to the Plaintiff. With this I proceed to pass the order in the interest of justice.
Order.
1.  It is directed to the Defendant to pass a fresh order by considering documents and  reply dtd 22.11.2017.
2.  No question of demolition as alleged unauthorized structure till the decision and 24 hours thereafter.
3.  Accordingly draft N/M stands disposed of and it be registered for statistical purpose.
Matter adjd to 3.03.2018 for w.st by the Defendant.
Authenticated copy of roznama be supplied to the both parties.
Next Purpose: REPLY
Next Hearing Date: 03-03-2018

Date: 03-03-2018
Business: Advocate Mr. S. K. Dubey for the Plaintiff present.
Advocate Mr. Khandagle for BMC/deft present.
As the court is busy in dictating judgment in Suit No.3742/11. Hence board is discharged.
Matter adjd to 3.05.2018
Next Purpose: REPLY
Next Hearing Date: 03-05-2018

Date: 03-05-2018
Business: Advocate Mr. Shah h/f S. K. Dubey for the Plaintiff present.
Advocate Mr. Khandagle for BMC/deft present.
Matter adjd to 2.08.2018 for Compliance by the Plaintiff/ passing no w.st order.
Next Purpose: COMPLIANCE
Next Hearing Date: 02-08-2018

Date: 02-08-2018
Business: Court is vacant. Hence today board is discharged.
Next Purpose: COMPLIANCE
Next Hearing Date: 06-09-2018

Date: 06-09-2018
Business: Advocate Mr. Dubey for Plaintiff present.
Advocate Ms. Hazare for BMC/Deft. Present and submitted that previously advocate Mr. Khandagale was representing and at present Ms. Smita Chavan is representing BMC, but today she is absent, hence on next date, she will file written statement.  If Defendant is failed to file written statement on next date no written statement order will be passed.
Adjourned to 25/10/2018 for filing written statement by Defendant.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 25-10-2018

Date: 25-10-2018
Business: Court is on leave. Hence today board is discharged.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 08-01-2019

Date: 08-01-2019
Business: None present for Plaintiff.
Advocate for BMC/Deft present and sought time to file Written Statement.  Granted.
Case is adjourned to 02/04/2019 for Written Statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 02-04-2019

Date: 02-04-2019
Business: Advocate Mr. S. K. Dubey for Plaintiff present.
Advocate Ms. Chavan for BMC/Deft present and sought time to file Written Statement.
Case is adjourned to 04/07/2019 for Written Statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 04-07-2019

Date: 04-07-2019
Business: None for plaintiff.
Advocate Ms.Mhatre for defendant no. 1 and 2/MCGM present and sought time to file w/st. Time is granted as last opportunity.
The case is adjourned to 05.08.2019 for Written Statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 05-08-2019

Date: 05-08-2019
Business: Advocate Mukesh Dubey for plaintiff present.
Advocate Ms. Chavan for defendant/MCGM present and submitted that advocate representing L ward is unable to attend.
The case is adjourned to 24.09.2019 for Written Statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 24-09-2019

Date: 24-09-2019
Business: None for plaintiff.
Advocate Ms.Mhatre for defendant/MCGM present and sought time. Time is granted.
The case is adjourned to 19.11.2019 for Written Statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 19-11-2019

Date: 19-11-2019
Business: court is on leave
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 16-01-2020

Date: 16-01-2020
Business: None for plaintiff.
Adv. Mrs. Mhatre for deft./MCGM present,prayed for adjd to file W.S.
Matter is adjd. for W.S on 23.04.2020.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 23-04-2020

Date: 23-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 14-05-2020

Date: 14-05-2020
Business: National Lockdown
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 03-06-2020

Date: 03-06-2020
Business: National Lockdown
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 20-06-2020

Date: 20-06-2020
Business: adjd.to
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 02-09-2020

Date: 02-09-2020
Business: Adjd. to
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 10-11-2020

Date: 10-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 14-01-2021

Date: 14-01-2021
Business: None present for plaintiff.
Adv. Tondwalkar h/f Adv. Mhatre for deft./MCGM present.
Matter is adjd. to 06/03/2021 for Written Statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 06-03-2021

Date: 06-03-2021
Business: None present for plaintiff.
Adv. Ms. Mhatre for deft./MCGM present and requested short time to file w/s.
Matter is adjourned for filing w/s to 05.05.21.
                                                                               Judge
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 05-05-2021

Date: 05-05-2021
Business: Due to Covid 19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 30-07-2021

Date: 30-07-2021
Business: Due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 20-09-2021

Date: 20-09-2021
Business: Court is Vacant. Matter adj. to next date.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 15-11-2021

Date: 15-11-2021
Business: Court is Vacant. Matter is adj. to next date.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 12-01-2022

Date: 12-01-2022
Business: None present for plaintiff.
Adv. Mr. Khandagale for defendant/MCGM is present.
In view of office order no. 07/2022 dated 07.01.2022 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06.01.2022 of Hon\''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s.
Adjourned for written statement to 11.03.2022.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 11-03-2022

Date: 11-03-2022
Business: Adv. Mr. Mukesh Dueby for plaintiff is present.
Adv. Ms. J.V. Mhatre h/f Adv. Khandagale for defendant/MCGM is present and orally requested for time to file WS. Sufficient time is already granted. Hence, the request is discarded and the suit is posted for no WS order.
Adjourned for no WS Order to 13.04.2022.
Next Purpose: ORDER
Next Hearing Date: 13-04-2022

Date: 13-04-2022
Business: adjd to
Next Purpose: ORDER
Next Hearing Date: 27-06-2022

Date: 27-06-2022
Business: None present for the plaintiff.
Adv. Mr. Khandagale for defendant/MCGM is present and orally requested for time to file WS. Sufficient time is already granted. Hence, this request is discarded. The suit is posted for no WS order.
Adjourned for No WS Order to 06.08.2022.
Next Purpose: ORDER
Next Hearing Date: 06-08-2022

Date: 06-08-2022
Business: None present for plaintiff.
Adv. Mr. Khandagale for defendant/MCGM is present and orally requested for time to file WS. Sufficient time is already granted. Hence, this request is discarded. The suit is proceeded without WS of the defendant.
Adjourned for no WS order to 01.10.2022.
Next Purpose: FOR___________________
Next Hearing Date: 01-10-2022

Date: 01-10-2022
Business: Adv. Mukesh Dubey for the plaintiff is present.
Adv. Khandagale for defendant/MCGM is present.
The suit is proceeded without WS as per roznama dtd. 06.08.2022.
Adjourned for filing affidavit of documents to 16.12.2022.
Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
Next Hearing Date: 16-12-2022

Date: 16-12-2022
Business: Adv. Mr. Mukesh Dubey for the plaintiff is present and informed that the plaintiff is not in contact.
Adv. Khandagale for defendant/MCGM is present.
Adjourned for dismissal to 21.01.2023.
Next Purpose: DISMISSAL
Next Hearing Date: 21-01-2023

Date: 21-01-2023
Business: Even today, none present for the plaintiff.
Adv. Mr. Khandagale for defendant/MCGM is present.
Order below exhibit No.01
     The record shows that the plaintiff is absent to proceed with the matter since last considerable time and therefore, it is posted for dismissal order. Nor, any stay order is communicated on the record. The suit is old one. It is, thus, clear that he is not worried to proceed further with the suit. In the result, the suit is dismissed for want of prosecution on his behalf, in view of Order IX Rule 8 of the C.P.C., 1908. All the pending applications are filed. The parties are called upon to bear their own costs of litigation. Bill of costs be drawn-up accordingly. The proceeding stands closed.
Nature Of Disposal: DISMISSED
Disposal Date: 21-01-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 101501/2018
Filing Date: 24-01-2018
First Hearing Date: 22nd March 2018
Decision Date: 21st January 2023
Court Number And Judge: 11-COURT 11  ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1
    21 Jan 2023
    Order Details: Other
Pdf Text: 21.01.2023
Sr. No.3
CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11)
SU.
244/2018.
Even today, none present for the plaintiff.
Adv. Mr. Khandagale for defendant/MCGM is present.
Order below exhibit No.01:
The record shows that the plaintiff is absent to proceed with the
matter since last considerable time and therefore, it is posted for
dismissal order. Nor, any stay order is communicated on the record.
The suit is old one. It is, thus, clear that he is not worried to
proceed further with the suit. In the result, the suit is dismissed for
want of prosecution on his behalf, in view of Order IX Rule 8 of the
C.P.C., 1908. All the pending applications are filed. The parties are
called upon to bear their own costs of litigation. Bill of costs be
drawnup accordingly. The proceeding stands closed.
Judge
-- 1 of 1 --
    Order 1
    21 Jan 2023
    Order Details: Other
Pdf Text: 21.01.2023
Sr. No.3
CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11)
SU.
244/2018.
Even today, none present for the plaintiff.
Adv. Mr. Khandagale for defendant/MCGM is present.
Order below exhibit No.01:
The record shows that the plaintiff is absent to proceed with the
matter since last considerable time and therefore, it is posted for
dismissal order. Nor, any stay order is communicated on the record.
The suit is old one. It is, thus, clear that he is not worried to
proceed further with the suit. In the result, the suit is dismissed for
want of prosecution on his behalf, in view of Order IX Rule 8 of the
C.P.C., 1908. All the pending applications are filed. The parties are
called upon to bear their own costs of litigation. Bill of costs be
drawnup accordingly. The proceeding stands closed.
Judge
-- 1 of 1 --

    TrustJury presents public court-record information for legal discovery and reference. Record availability and detail can vary by source and case.