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SUIT - SHORT CAUSE CIVIL SUIT

Mrs. Rema Sankarankutty NairVsMCGM

CNR MHCC01001380201811-COURT 11 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHERWISE
Decision Date: 24th March 2022

TrustJury record updated 08 Sept 2026

Case Overview

Registration Number
100266/2018
Registration Date
25 Jan 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Petitioner

    1. 1Mrs. Rema Sankarankutty Nair

    Respondent

    1. 1MCGM

    Acts & Sections

    1
    Hindu Marriage Act · Sec 34 · 38

    Case History / Proceedings

    Case History
    Date: 02-02-2018
Business: Prima facie from the circular produced on record at page no. 168 to the plaint by the Plaintiff himself. It reveals that covering of such terrace is permitted subject to conditions. No side enclosure and roof shall be a sloping roof. Further Prima facie it appears that the said covering shall also liable to be removed at verification of any bonafide complaint from the occupants of upper floor about nuisance. Further more the permission shall be renewable every year on payment of annual fees. In the present suit, Prima facie basically in view of this circular, the Plaintiff has not filed on record any permission sought prior to making construction over the terrace. Further Prima facie from photograph, it reveals that the Plaintiff has even enclosed sides of the said terrace and even the Plaintiff has not filed on record, permission obtained or even if it is with the Plaintiff then renewed permission for every year. Therefore, mere assessment of the said area at this prima facie stage do
Next Purpose: REPLY
Next Hearing Date: 21-03-2018

Date: 21-03-2018
Business: As court is busy in dictating Judgment in SU no. 8793/98, mediation matter and other matters on board. Hence, board is discharged.
Next Purpose: REPLY
Next Hearing Date: 20-06-2018

Date: 20-06-2018
Business: Court is on leave
Next Purpose: REPLY
Next Hearing Date: 13-08-2018

Date: 13-08-2018
Business: Court is vacant. Hence today board is discharged.
Next Purpose: REPLY
Next Hearing Date: 10-10-2018

Date: 10-10-2018
Business: Court is busy in hearing urgent applications and Notice of Motion  in suit no.464/09, hence board is discharged and case is adjourned to 17/12/2018.
Next Purpose: REPLY
Next Hearing Date: 17-12-2018

Date: 17-12-2018
Business: Court is busy in hearing and dictating order on Notice of Motion in suit no.2661/10 and dictating order on Chamber Summons in suit no.1692/18, hence case is adjourned to 04/03/2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-03-2019

Date: 04-03-2019
Business: Advocate Mr. Jain h/f adv. Kudalkar for Plaintiff present and submitted that, Plaintiff is intending to withdraw the suit, hence matter may be adjourned.
Advocate Ms. Tondwalkar for BMC/Deft present and NM reply-cum-Written Statement t.o.r. Copy served upon Plaintiff\''s advocate.
Considering submissions made by advocate for Plaintiff, case is adjourned to 10/04/2019 for filing withdrawal pursis by Plaintiff.
It is made clear that if on next date, Plaintiff will not file pursis for withdrawal of suit, Court will have to dismiss the suit for want of prosecution.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-04-2019

Date: 10-04-2019
Business: Advocate Ms. Pawar h/f Adv. Kudalkar  for Plaintiff present.
Advocate Ms. Tondwalkar for BMC/Deft present.
LO at 5.10pm
Adv. Mr. Kudalkar for Plaintiff  Present.
Advocate Ms. Tondawalkar for BMC/Deft present.
Case is adjourned to 03.05.2019 for withdrawal/ dismissal of the suit.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-05-2019

Date: 03-05-2019
Business: Advocate Jain h/f adv. Kudalkar for plaintiff present.
Advocate Ms. Tondwalkar for defendant/MCGM present.
Adv. for plaintiff submitted that the plaintiff is not in contact and therefore the withdrawal pursis can not be filed.
Considering submissions, it is clear that the plaintiff has lost interest in the proceedings. The N/M is ripe for hearing. However, the registered NM is not  tendered and is not being argued. Hence, the NM no. 497/18 is dismissed for want of prosecution.
The Case is adjd. To 30.07.2019  for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 30-07-2019

Date: 30-07-2019
Business: As Court is on leave. Board is discharged.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 17-09-2019

Date: 17-09-2019
Business: As Court is busy in hearing Chamber Summons in suit no. 1571/15, 1572/15, 5099/12, 6493/03 and 2363/19 and in hearing ad interim in ST no. 9928/19 also in dictating orders in Suit no. 1571/15, 1572/15, 6493/03. The case is adjourned.
The case is adjourned to 19.10.2019  for Draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 19-10-2019

Date: 19-10-2019
Business: As Court is busy in dictating NM order in Suit no.660/19 and ch/s order in suit no.947/17, 2034/17, 2275/17 and also in hearing NM in SU no.345/17,1016/19 and in other matters on board. The case is adjourned.
The case is adjourned to 04.12.2019 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 04-12-2019

Date: 04-12-2019
Business: None for plaintiff present.
Adv. Ms. Chavhan for deft./MCGM present.
Matter is adjd. for issues on 14.02.2020.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 14-02-2020

Date: 14-02-2020
Business: Court is on leave.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 25-03-2020

Date: 25-03-2020
Business: As Holiday of Gudi Padwa matter adjd. to
Next Purpose: DRAFT ISSUES
Next Hearing Date: 26-03-2020

Date: 26-03-2020
Next Purpose: DRAFT ISSUES
Next Hearing Date: 07-04-2020

Date: 07-04-2020
Next Purpose: DRAFT ISSUES
Next Hearing Date: 18-04-2020

Date: 18-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: DRAFT ISSUES
Next Hearing Date: 08-05-2020

Date: 08-05-2020
Business: National Lockdown
Next Purpose: DRAFT ISSUES
Next Hearing Date: 29-05-2020

Date: 29-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: DRAFT ISSUES
Next Hearing Date: 16-06-2020

Date: 16-06-2020
Business: Due to Covid -19
Next Purpose: DRAFT ISSUES
Next Hearing Date: 25-08-2020

Date: 25-08-2020
Business: Due to Ganpati Holiday matter adjd.to
Next Purpose: DRAFT ISSUES
Next Hearing Date: 29-10-2020

Date: 29-10-2020
Business: Due to Covid-19
Next Purpose: DRAFT ISSUES
Next Hearing Date: 06-01-2021

Date: 06-01-2021
Business: None present for plaintiff.
Adv. Mrs. Mhatre for deft./MCGM present.
Matter is adjd. for draft issues to 04.03.21.
                                                                               Judge
Next Purpose: DRAFT ISSUES
Next Hearing Date: 04-03-2021

Date: 04-03-2021
Business: None present for plaintiff.
Adv. Ms. Tondwalkar for deft./MCGM present.
Matter is adjourned for draft issues to 04.05.21.
                                                                               Judge
Next Purpose: DRAFT ISSUES
Next Hearing Date: 04-05-2021

Date: 04-05-2021
Business: Due to Covid-19, matter is adjourned to next date.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 05-08-2021

Date: 05-08-2021
Business: None present for plaintiff.
Adv. Mr. Khandagale  for deft./MCGM present.
Issues are framed at Exh.5.
Matter is adjourned for R.E to 18.09.2021.
                                                                               Judge
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-09-2021

Date: 18-09-2021
Business: Court is Vacant. Matter adj. to next date.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-10-2021

Date: 28-10-2021
Business: Court is Vacant. Matter is adj. to next date.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-12-2021

Date: 16-12-2021
Business: None present for Plaintiff.
Adv. Ms. Mhatre for Defendant/MCGM is present.
The case is pending for evidence. As the plaintiff is the absent, it is adjourned for dismissal order.
Adjourned for dismissal order to 03/02/2022.
Next Purpose: DISMISSAL
Next Hearing Date: 03-02-2022

Date: 03-02-2022
Business: None for the plaintiff is present.
Adv. Mrs. J.V. Mhatre 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 dismissal order to 08.03.2022.
Next Purpose: DISMISSAL
Next Hearing Date: 08-03-2022

Date: 08-03-2022
Business: Adv. Mr. Darshan Jain for plaintiff is present and orally requested to keep back the matter.
Adv. Ms. J.V. Mhatre for defendant/MCGM is present.
KB LO at 12.13 pm.
None present for plaintiff.
Matter adjourned for dismissal order to 24.03.2022.
Next Purpose: DISMISSAL
Next Hearing Date: 24-03-2022

Date: 24-03-2022
Business: Adv. Mr. Kudalkar for plaintiff is present.
Adv. Mr. Khandagale h/f Adv. Mhatre for defendant/MCGM is present.
Advocate for the plaintiff made the statement that already, the suit premises is demolished and therefore, nothing survives in this matter. He further submitted that this position is verified even from the plaintiff. His statement is taken on record. In the circumstances, as there remained nothing in the suit and as it became infructous, the same stands disposed off. The parties to this suit to bear their own costs. Bill of costs be drawn-up accordingly.
Nature Of Disposal: OTHERWISE
Disposal Date: 24-03-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 101505/2018
Filing Date: 24-01-2018
First Hearing Date: 22nd March 2018
Decision Date: 24th March 2022
Court Number And Judge: 11-COURT 11  ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1
    24 Mar 2022
    Order Details: Other
Pdf Text: 24.03.2022
Sr. No. 4
CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11)
SU 266/18 Adv. Mr. Kudalkar for plaintiff is present.
Adv. Mr. Khandagale h/f Adv. Mhatre for defendant/MCGM is
present.
Advocate for the plaintiff made the statement that already, the suit
premises is demolished and therefore, nothing survives in this
matter. He further submitted that this position is verified even from
the plaintiff. His statement is taken on record. In the circumstances,
as there remained nothing in the suit and as it became infructous,
the same stands disposed off. The parties to this suit to bear their
own costs. Bill of costs be drawnup accordingly.
Judge
-- 1 of 1 --
    Order 1
    24 Mar 2022
    Order Details: Other
Pdf Text: 24.03.2022
Sr. No. 4
CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11)
SU 266/18 Adv. Mr. Kudalkar for plaintiff is present.
Adv. Mr. Khandagale h/f Adv. Mhatre for defendant/MCGM is
present.
Advocate for the plaintiff made the statement that already, the suit
premises is demolished and therefore, nothing survives in this
matter. He further submitted that this position is verified even from
the plaintiff. His statement is taken on record. In the circumstances,
as there remained nothing in the suit and as it became infructous,
the same stands disposed off. The parties to this suit to bear their
own costs. Bill of costs be drawnup accordingly.
Judge
-- 1 of 1 --

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