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SUIT - SHORT CAUSE CIVIL SUIT

Banshilal Chandrika Nishad +5 moreVsThe Assistant Municipal Commissioner

CNR MHCC01001358201811-COURT 02 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 21st February 2026

TrustJury record updated 08 Sept 2026

Case Overview

Registration Number
100398/2018
Registration Date
08 Feb 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    7

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 05-04-2018
    Business: None present for the plaintiff.
    Plaint.
    Vakalatnama of the Plaintiff. t.o.r.
    Matter adjd to 2.07.2018 for service affidavit.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 02-07-2018
    
    Date: 02-07-2018
    Business: Plaintiff and adv absent.
    Adv Tondwalkar for def/BMC present.
    Adjourned to 24.09.2018  for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 24-09-2018
    
    Date: 24-09-2018
    Business: Advocate for Plaintiff
    Advocate Ms. Tondvalkar for BMC/Deft. present.
    Court is busy in hearing urgent application and Notice of Motion as well as dictating order on Notice of Motion in suit no.1714/18 and 1407/18, hence board is discharged and case is adjourned to 02/11/2018.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 02-11-2018
    
    Date: 02-11-2018
    Business: Court is busy in hearing urgent applications in suit no.2985/18, 789/16 and other matters, hence board is discharged and case is adjourned to 09/01/2019.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 09-01-2019
    
    Date: 09-01-2019
    
    Date: 20-03-2019
    Business: Advocate Mr. Srinivas Singh for Plaintiff present and sought time for taking steps in the matter.  Considering submissions adjourned.
    Advocate for BMC/Deft present.
    Case is adjourned to 19/06/2019 for Steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 19-06-2019
    
    Date: 19-06-2019
    Business: As Court is busy in hearing urgent ad-interim matters. The board is discharged.
    The case is adjourned to 02.08.2019  for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 02-08-2019
    
    Date: 02-08-2019
    Business: As Court is busy in hearing NM in suit no. 354/18 and in hearing urgent matter so also in dictating order in Chamber Summons in suit no. 1577/16 the case is adjourned.
    The case is adjourned to 11.09.2019 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 11-09-2019
    
    Date: 11-09-2019
    Business: As Court is busy in recording evidence in suit no. 9349/93 and in suit no. 7328/04 in the morning session and in dictating orders in suit no.354/18 in afternoon session. The case is adjourned.
    The case is adjourned to 14.10.2019 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 14-10-2019
    
    Date: 14-10-2019
    Business: Advocate Ms.Richa Singh for plaintiff present.
    Advocate Ms. Chavan for defendant /MCGM present.
    Plaintiff has not served writ of summons on the defendant. Failure of plaintiff to serve writ of summons on the defendant on or before next date, will result in further orders.
    The case is adjourned to 04.12.2019 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 04-12-2019
    
    Date: 04-12-2019
    Business: Adv. Ms. Rich Singh for plaintiff present.
    Adv. Mr. Giri for deft./MCGM present, prayed for adjd.
    Exh.3- Writ of summons filed by Plaintiff.
    Matter is adjd. for W.S. on 10.02.2020.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 10-02-2020
    
    Date: 10-02-2020
    Business: None for plaintiff.
    Adv. Mrs. Chavhan for deft./MCGM, prayed for adjd.
    Matter is adjd. for W.S. on 30.03.2020.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 30-03-2020
    
    Date: 30-03-2020
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 08-04-2020
    
    Date: 08-04-2020
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 18-04-2020
    
    Date: 18-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 08-05-2020
    
    Date: 08-05-2020
    Business: National Lockdown
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 29-05-2020
    
    Date: 29-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 16-06-2020
    
    Date: 16-06-2020
    Business: Due to Covid -19
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 24-08-2020
    
    Date: 24-08-2020
    Business: Due to Holiday of Ganapati Festival matter adjd.to
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 29-10-2020
    
    Date: 29-10-2020
    Business: Due to Covid-19
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 11-01-2021
    
    Date: 11-01-2021
    Business: None present for plaintiff.
    Adv. Ms. Mhatre h/f Ms. Tondwalkar for deft./MCGM present and requested short time to file W/s. Time is granted.
    Matter is adjd. for filing w/s to 25.03.21.
                                                                                   Judge
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 25-03-2021
    
    Date: 25-03-2021
    Business: None present for plaintiff.
    Adv. Ms. Tondwalkar for deft./MCGM present and requested short time to file w/s.
    Matter is adjourned for w/s to 24.06.21.
                                                                                   Judge
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 24-06-2021
    
    Date: 24-06-2021
    Business: Due to covid-19 matter adjourned to next date
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 05-08-2021
    
    Date: 05-08-2021
    Business: Adv. Mr. Shriniwas Singh for plaintiff present.
    Adv. Mr. Khandagale for deft./MCGM present and requested short time to file w/s.
    Matter is adjourned for w/s to 23.09.2021.
                                                                                   Judge
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 23-09-2021
    
    Date: 23-09-2021
    Business: Court is vacant
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 16-11-2021
    
    Date: 16-11-2021
    Business: Court is vacant. Matter is adj. to next date.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 16-12-2021
    
    Date: 16-12-2021
    Business: None present for Plaintiff.
    Adv. Ms. Mhatre for Defendant/MCGM is present.
    Adv. for the defendant orally requested for time to file WS. Hence, time granted as a last chance.
    Adjourned for WS to 04/02/2022.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 04-02-2022
    
    Date: 04-02-2022
    Business: None present for plaintiff.
    Adv. Ms. J.V. Mhatre for defendant/MCGM is present and orally requested for time to file WS. Granted.
    Adjourned for WS to 31.03.2022.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 31-03-2022
    
    Date: 31-03-2022
    Business: None present for plaintiff.
    Adv. Mr. Khandagale h/f Adv. Mhatre 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 filing affidavit of documents (No WS) to 02.07.2022.
    Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
    Next Hearing Date: 02-07-2022
    
    Date: 02-07-2022
    Business: None present for plaintiff.
    Adv. Mrs. J. V. Mhatre for defendant/MCGM is present.
    The plaintiffs are absent to file the documents on affidavit. Hence, the matter is posted for R/E.
    Adjourned for R/E (without WS) to 18.08.2022.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 18-08-2022
    
    Date: 18-08-2022
    Business: Adv. Mr. Vijaykumar Kamble for the plaintiff is present and orally requested for time to lead evidence. Time is granted shortly.
    Adv. Mrs. J.V. Mhatre for defendant/MCGM is present.
    Adjourned for R/E (No WS) to 04.10.2022.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 04-10-2022
    
    Date: 04-10-2022
    Business: Adv. Shrinivas Singh for the plaintiff is present and orally requested for time to lead evidence. Time is granted strictly as a last chance.
    Adv. J.V. Mhatre for defendant/MCGM is present.
    Adjourned for R/E (No WS) to 03.11.2022.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 03-11-2022
    
    Date: 03-11-2022
    Business: Adv. Ms. Richa Singh for the plaintiff is present and orally requested for time to lead evidence. Sufficient time is already granted. Hence, this request is discarded. The suit is posted for dismissal Order.
    Adv. Ms. J.V. Mhatre for defendant/MCGM is present.
    Adjourned for dismissal (no WS) to 15.12.2022.
    Next Purpose: DISMISSAL
    Next Hearing Date: 15-12-2022
    
    Date: 15-12-2022
    Business: Adv. Mr. Shrinivas Singh for the plaintiff is present and orally requested for keeping back the matter.
    Adv. Mrs. J.V. Mhatre for defendant/MCGM is present.
    KB LO at 12:08 pm.
    None present for the plaintiff.
    Adjourned for dismissal Order (no WS) to 07.02.2023.
    Next Purpose: DISMISSAL
    Next Hearing Date: 07-02-2023
    
    Date: 07-02-2023
    Business: PO is on leave
    Next Purpose: DISMISSAL
    Next Hearing Date: 18-03-2023
    
    Date: 18-03-2023
    Business: Adv. Mr. Vijaykumar Kamble for the plaintiff is present. On his oral request, the matter is kept back.
    Adv. Mrs. S.S. Chavan for defendant/MCGM is present.
    KB LO at 12:00 pm.
    Advocate for the plaintiff filed the application for change of caption. TOR. It is marked at Exh.04. O- Considering the reasons, the caption is changed, subject to payment of costs of Rs. 1,500/- (Rs. One Thousand Five Hundred) to be deposited in favour of DLSA, Mumbai, till the next date. In default, the suit would stand dismissed.
    Adjourned for costs/compliance/dismissal Order to 20.04.2023.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 20-04-2023
    
    Date: 20-04-2023
    Business: Adv. Mr. Kamble h/f Mr. Shriniwas Singh for the plaintiff is present and informed that the Order of costs is complied with.
    Adv. Mrs. S.G.Chavan for the defendant/MCGM is present.
    Adjourned for R/E (No W/s) to 15.06.2023.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 15-06-2023
    
    Date: 15-06-2023
    Business: Adv. Mr. Kamble for the plaintiff is present and orally requested for time to proceed with the matter. Time is granted.
    Adv. Mrs. Smita Chavan for defendant/MCGM is present.
    Adjourned for R/E (no WS) to 27.07.2023.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 27-07-2023
    
    Date: 27-07-2023
    Business: Adv. Mr. Shriniwas Singh for the plaintiff is present and filed evidence on affidavit. TOR. It is marked as Exhibit 5. O- R&R. He also filed list of documents. TOR. It is marked as Exhibit 6.
    O- Filed. Copy is supplied to the other side.
    Adv. G.O. Giri h/f Adv. S.S. Chavan for defendant/MCGM is present.
    PW-1 Banshilal Chandrika Nishad is resumed on SA and his cross-examination is deferred till the next date.
    Adjourned for admission/denial/RE (PH) (No WS) to 12.09.2023.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 12-09-2023
    
    Date: 12-09-2023
    Business: Adv. Mr. Kamble h/f Adv. Shrinivas Singh for the plaintiff is present.
    Adv. Mr. Khandagale h/f Adv. Mrs. Chavan for defendant/MCGM is present and sought time to file say.
    Adjourned for admission denial/RE (PH) to 26.10.2023.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 26-10-2023
    
    Date: 26-10-2023
    Business: Adv. Mr. Vijaykumar Kamble h/f Mr. Shrinivas Singh for the plaintiff is present.
    Adv. Mr. Khandagale h/f Mrs. Chavan for defendant/MCGM is present and requested time to file say. Time is granted.
    Adjourned for admission/denial to 05.12.2023.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 05-12-2023
    
    Date: 05-12-2023
    Business: Adv. Mr. Ritesh Singh h/f Adv. Shrinivas Singh for the plaintiff is present.
    Adv. Mr. Khandagale for defendant/MCGM is present and endorsed say on list of documents Exhibit 6.
    Adjourned for consideration to 18.01.2024.
    Next Purpose: CONSIDERATION
    Next Hearing Date: 18-01-2024
    
    Date: 18-01-2024
    Business: PO is on leave.
    Next Purpose: CONSIDERATION
    Next Hearing Date: 27-02-2024
    
    Date: 27-02-2024
    Business: None present for the plaintiff.
    Adv. Mr. Khandagale for defendant/MCGM is present.
    Adjourned for consideration to 18.04.2024.
    Next Purpose: CONSIDERATION
    Next Hearing Date: 18-04-2024
    
    Date: 18-04-2024
    Business: PO is on leave.
    Next Purpose: CONSIDERATION
    Next Hearing Date: 27-06-2024
    
    Date: 27-06-2024
    Business: Adv. Ms. Richa Singh h/f Adv. Shrinivas Singh for the plaintiff is present. She informed that during pendency of the suit, the structure is demolished and the plaintiff want to file Ch/s. in this matter. Time is granted.
    Adv. Mr. S.R. Yadav a/w Adv. Ms. Nagarthawar for defendant/ MCGM is present.
    Adjourned for steps/consideration to 25.07.2024.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 25-07-2024
    
    Date: 25-07-2024
    Business: None present for the plaintiff.
    Adv. Ms. Nagarthawar for defendant/MCGM is present. Owing to the heavy rain falls and disturbance at Central, Trans- Harbour as well as Western local lines, the matter is adjourned, without passing any adverse Orders.
    Adjourned for consideration to 17.08.2024.
    Next Purpose: CONSIDERATION
    Next Hearing Date: 17-08-2024
    
    Date: 17-08-2024
    Business: Court is on leave
    Next Purpose: CONSIDERATION
    Next Hearing Date: 01-10-2024
    
    Date: 01-10-2024
    Business: None present for the plaintiff. Adv. Mrs. S.R. Charatkar a/w Mr. S.R. Yadav for defendant/MCGM is present.
    Adjourned for consideration to 07.11.2024.
    Next Purpose: CONSIDERATION
    Next Hearing Date: 07-11-2024
    
    Date: 07-11-2024
    Business: None present for the plaintiff. Adv. Mrs. S.R. Charatkar a/w Mr. S.R. Yadav for defendant/MCGM is present.
    Adjourned for consideration to 19.12.2024.
    Next Purpose: CONSIDERATION
    Next Hearing Date: 19-12-2024
    
    Date: 19-12-2024
    Business: Adv. Mr. Shrinivas Singh for the plaintiff is present. He submitted that the as per instructions, the structure is demolished and sought time to take steps in this matter. Time is granted. Adv. Mrs. S.R. Charatkar a/w Mr. S.R. Yadav for defendant/MCGM is present.
    Adjourned for steps (LN) to 28.01.2025.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 28-01-2025
    
    Date: 28-01-2025
    Business: None present for the plaintiff.
    Adv. Mrs. Sheetal Metakari a/w Adv. Mr. S.R. Yadav for defendant/BMC is present. Matter Adjourned for steps as per rozanama order dated 19.12.2024.
    Adjourned for steps to 06.03.2024.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 06-03-2025
    
    Date: 06-03-2025
    Business: None present for the plaintiff. Adv. Mrs. Sheetal Metakari a/w Adv. Mr. S.R. Yadav for defendant/BMC is present. Asper roznana dtd 19.12.2024 matter is adjourned steps by the plaintiff as structure is demolished today none present for the plaintiff. Hence, matter is adjourned for admission denial of documents.
    Adjourned for admission denial to 08.05.2024.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 08-05-2025
    
    Date: 08-05-2025
    Business: None present for the plaintiff. Adv. Mrs. Sheetal Metakari a/w Adv. Mr. S.R. Yadav for defendant/BMC is present.
    Adjourned for admission denial to 08.07.2025.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 08-07-2025
    
    Date: 08-07-2025
    Business: None present for the plaintiff to proceed with Exhibit 6. Adv. Mr. S.R. Yadav for defendant/BMC is present.
    Adjourned for hearing on document Exhibit 6 (No WS) to 26.08.2025.
    Next Purpose: HEARING
    Next Hearing Date: 26-08-2025
    
    Date: 26-08-2025
    Business: None present for the plaintiff to proceed with the matter. Adv. Mrs. Sheetal Metakari a/w Adv. Mr. S.R. Yadav for defendant/BMC is present.
    Adjourned for hearing on Exhibit 6 to 03.10.2025.
    Next Purpose: HEARING
    Next Hearing Date: 03-10-2025
    
    Date: 03-10-2025
    Business: court is on leave, hence adjd. to
    Next Purpose: HEARING
    Next Hearing Date: 07-11-2025
    
    Date: 07-11-2025
    Business: court is on leave, hence adjd. to
    Next Purpose: HEARING
    Next Hearing Date: 18-12-2025
    
    Date: 18-12-2025
    Business: None present for the plaintiff to proceed with mater. Adv. Mrs. Sheetal Metakari a/w Adv. Mr. S.R. Yadav for defendant/BMC is present.
    Adjourned for dismissal to 21.02.2026.
    Next Purpose: DISMISSAL
    Next Hearing Date: 21-02-2026
    
    Date: 21-02-2026
    Business: None present for the plaintiff. Adv. Mr. S.R. Yadav for defendant/ BMC is present. Kept back.
    Later on 12.27 p.m.
    The appearance is as above. Kept back.
    Later on 1.49 p.m.
    The appearance is as above.
    The plaintiff and his advocate called repeatedly but absent. No any application is on record for seeking adjournment. Today matter is fixed for passing dismissal order. Record shows that on 27.07.2023 plaintiff has filed affidavit of his examination-in-chief in record but after that he remain absent for the purpose of cross-examination. Record shows that even on the point that hearing below Exhibit 6 he remain absent and no steps have been taken by plaintiff. Here considering the fact available on record in terms of absence of plaintiff in this suit. I am of the opinion that no purpose would be serve to keep the matter pending unattended. Hence, with these words, I proceed to pass following order.
    ORDER
    01.	Suit No.398/2018 is dismissed for want of prosecution.
    02.	Pending applications if any, are automatically disposed of 	accordingly.
    03.	Proceeding is closed.
    
    The Original documents filed on record be returned to the respective parties, on their submitting its Certified Copies, if the documents are exhibited, or Self-attested True Copies, if the documents are not exhibited, along-with undertaking to furnish the originals as and when required by the Court. The concerned Department to do the needful. The proceeding is closed.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 21-02-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 101487/2018
    Filing Date: 24-01-2018
    First Hearing Date: 05th April 2018
    Decision Date: 21st February 2026
    Court Number And Judge: 11-COURT 02 ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    21 Feb 2026

    Order Details: Other Pdf Text: 21.02.2026 CORAM: H.H.J. SHRI. R. K. DESHPANDE (C.R. NO.11) Sr. No. 14 SU 398/18 None present for the plaintiff. Adv. Mr. S.R. Yadav for defendant/ BMC is present. Kept back. Later on 12.27 p.m. The appearance is as above. Kept back. Later on 1.49 p.m. The appearance is as above. The plaintiff and his advocate called repeatedly but absent. No any application is on record for seeking adjournment. Today matter is fixed for passing dismissal…

    Read Full Order
    Order 1Full order available
    21 Feb 2026

    Order Details: Other Pdf Text: 21.02.2026 CORAM: H.H.J. SHRI. R. K. DESHPANDE (C.R. NO.11) Sr. No. 14 SU 398/18 None present for the plaintiff. Adv. Mr. S.R. Yadav for defendant/ BMC is present. Kept back. Later on 12.27 p.m. The appearance is as above. Kept back. Later on 1.49 p.m. The appearance is as above. The plaintiff and his advocate called repeatedly but absent. No any application is on record for seeking adjournment. Today matter is fixed for passing dismissal…

    Read Full Order

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