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SUIT - SHORT CAUSE CIVIL SUIT

Firoz Idris KhanVsMCGM

CNR MHCC0100145020184-COURT 04 AD-HOC JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 11th October 2024

TrustJury record updated 08 Sept 2026

Case Overview

Registration Number
100272/2018
Registration Date
30 Jan 2018

Advocates

2

For Petitioner

For Respondent

Parties

2

Petitioner

  1. 1Firoz Idris Khan

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: 31-01-2018
Business: By Precipee
Adv.Mr.B.P.Shukla for Plff.present.
He tendered draft N/m along with affidavit t.o.r.  Leave granted to register N/m.  Returnable on next date.
Adv.Mr.Giri for BMC/Deft.present.
K.B.L.O.at 4.00 pm
Jr.Engineer, Mr.Vaibhav Kamble is present.
Order below draft N/m.
This draft N/m is taken out by the plff.for grant of temporary injunction restraining the defendant /MCGM from not taking any action in pursuance to the order dated 12.01.2018(document at Exh.L, page no.38 of the Plaint) The officer present before the court has made a statement at bar that the MCGM will not be taking any action of demolition in pursuance to said order dated 12.01.2018 as they have passed the fresh order.  Hence draft N/m stands disposed of as the MCGM has made a statement to that effect.  It be registered for statistical purpose.
Adjd.for written statement on 02.02.2018.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 02-02-2018

Date: 02-02-2018
Business: Adv. Yadav for plaintiff.
Adv.Mr.Giri for BMC/Deft.present.
Advocate for deft. Filed reply.
Adv. For plff. tendered draft cha/sum m. and notice of motion
Leave granted to registered the ch/sum. And notice of motion. Returnable on 5/02/2018
 Order below draft chamber summons.
Perused chamber summ. And reply.
Heard both the sides.
The plaintiff intends plead the subsequent events viz. passing of an order by the concerned authority of the MCGM.  The said order is in relation to the notice structure. The same is not going to change the nature of the suit, but is necessary to decide the real controversy between the parties.  Hence I pass the following order.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-02-2018

Date: 05-02-2018
Business: As Court is on leave today, Board is discharged.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-02-2018

Date: 28-02-2018
Business: Adv.Mr.Pal for Plff.present.
Adv.Mr.Giri for BMC/Deft.present.
Adjd.for N/m hearing on 11.06.2018.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-06-2018

Date: 11-06-2018
Business: Adv. B.P.Shukla  for Plaintiff present.
Adv. Mr. Giri  for defendant / BMC present.
Adv. For plff prayed for adjournment for filing rejoinder and N/m hrg granted as last chance.
Adjd. To 09.07.2018 for rejoinder/N/m hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-07-2018

Date: 09-07-2018
Business: Adv. Mr. B. P. Shukla for Plaintiff present.
Adv. Mr. Giri for defendant / BMC present.
Earlier order to continue till next date.
Matter is adjd. to 16.07.2018 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-07-2018

Date: 16-07-2018
Business: Adv. Mr. B.P. Shukla  for Plaintiff present.
Adv. Mr. Giri for defendant / BMC present.
Earlier order to continue till next date.
Adjd. to 13.08.2018 for N/m hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-08-2018

Date: 13-08-2018
Business: Adv Yadav for plff presnt.
Adv Giri for BMC/deft present.
Earlier order to continue till next date.
Adjd to 5/09/2018 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-09-2018

Date: 05-09-2018
Business: Matter pertains to C.R.No.8
Adv. B.P. Shukla for Plaintiff present.
Adv. Mhatre for Defendant /BMC present.
Earlier order to continue till next date.
Adjd for N/m hrg. to 22.10.18.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-10-2018

Date: 22-10-2018
Business: Adv. B. P. Shukla for plaintiff present and filed rejoinder.
Adv.  Bhoir for defendant no. / BMC present.
copy served to other side.
Earlier order, if any, to continue till next date.
Matter adjd. to 17.12.18 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-12-2018

Date: 17-12-2018
Business: CORAM - H.H.ADDL.JUDGE SHRI.K.P.NANDEDKAR
               (C.R.NO.11)
(Incharge Court of C.R.No.8)
Adv Shukla for plff present.
Adv Mrs.Bhoir for BMC/deft. present.
Earlier order, if any, to continue till next date.
Adjd to 13/02/2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-02-2019

Date: 13-02-2019
Business: Adv Ravindra Singh h/f adv Shukla for plff present. Adv Mrs.Bhoir for BMC/deft. present.
On oral request of ld adv for plff, adjournment granted.
Court busy in recording evidence in Sessions Case No.454/17, hearing arguments in suit no.1197/17 and 3109/07. hence, matter is adjourned.
Earlier order, if any, to continue till next date.
Adjd to 1/04/2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-04-2019

Date: 01-04-2019
Business: Adv. Mr. Yadav h/f Adv. Mr. Shukla for Plff present.
Adv. Mrs. Bhoir for MCGM/deft. present.
On oral request of advocate for Plff, adjournment granted as last chance.
Earlier order, if any, to continue till next date.
Adjd to 19/6/2019 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-06-2019

Date: 19-06-2019
Business: Adv. J. S. Yadav for plaintiff present.
Adv. Khandagle for Deft./MCGM present.
On oral request of ld adv for plff, adjournment granted.
Earlier order, if any, to continue till next date.
Adjd to 07.08.2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-08-2019

Date: 07-08-2019
Business: Adv. B. P. Shukla for plaintiff present.
Adv. Khandagle for MCGM/Deft. present.
On oral request of ld adv for plff, adjournment granted.
Adjd to 20.09.2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-09-2019

Date: 20-09-2019
Business: Adv. B.P. Shukla for plaintiff
Adv. Mr. S.C. Khandagale for Deft/MCGM present.
On oral request of advocate for plaintiff, adjournment granted as last chance.
Earlier order, if any, to continue till next date.
Adjd to 20-11-2019 for NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-11-2019

Date: 20-11-2019
Business: Adv. Mr. Yadav for plff present.
Adv. Khandagle for MCGM/Deft. present.
On oral request of advocate for Plaintiff, adjournment granted.
Earlier order, if any, to continue till next date.
Adjd to 10.02.2020 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-02-2020

Date: 10-02-2020
Business: I/c of Court Room No.08
Adv Mr. B.P. Shukla for plaintiff present.
Adv Mr. Khandagal for defendant/MCGM present.
Earlier order, if any, to continue till next date.
Matter adjd to 23/03/2020 for N.M. hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-03-2020

Date: 23-03-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-04-2020

Date: 15-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-04-2020

Date: 22-04-2020
Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No.77 of 2020 matter adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-06-2020

Date: 02-06-2020
Business: due to lockdown
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-06-2020

Date: 19-06-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-09-2020

Date: 16-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-11-2020

Date: 25-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-02-2021

Date: 05-02-2021
Business: Adv. Yadav h/f Adv. B. P. Shukla for plaintiff present.
Adv. Khandagle for deft/MCGM present.
On oral request of advocate for plaintiff to argue the NM No.453/18, matter is adjourned till next date.
Earlier order, if any, to continue till next date.
Matter adjd to 07/04/2021 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-04-2021

Date: 07-04-2021
Business: Adv. B. P. Shukla for plaintiff present.
None for deft/MCGM.
Earlier order, if any, to continue till next date.
Matter adjd to 23/06/2021 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-06-2021

Date: 23-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-08-2021

Date: 23-08-2021
Business: CORAM - H.H.J. SHRI K.P. KSHIRSAGAR, (C.R.NO.05)
(Matter pertains to C.R. NO.08)
Adv Yadav h/f Adv B.P. Shukla for plaintiff present.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Earlier order, if any, to continue till next date.
Adjd. To 04/10/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-10-2021

Date: 04-10-2021
Business: Adv Yadav h/f Adv B.P. Shukla for plaintiff present and requests for time to argue on NM. Time is granted till next date.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Earlier order, if any, to continue till next date.
Adjd. To 22/11/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-11-2021

Date: 12-11-2021
Business: Adv Yadav h/f Adv B.P. Shukla for plaintiff present and requests for time to argue on NM.
Time is granted till next date as last chance.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Earlier order, if any, to continue till next date.
Adjd. To 05/01/2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-01-2022

Date: 05-01-2022
Business: Adv Mukesh Dubey h/f B.P. Shukla for plaintiff present and requests for time to argue NM.
Time is granted till next date as last chance.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Earlier order, if any, to continue till next date.
Adjd. To 31/01/2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-01-2022

Date: 31-01-2022
Business: In view of office order no.7/2022 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.
Earlier order, if any, to continue till next date.
Adjd. to 11/03/2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-03-2022

Date: 11-03-2022
Business: None for plaintiff.
Adv Mrs Tondwalkar for defendant / MCGM is present.
Today matter is kept for NM hearing. But neither plaintiff nor his advocate present. It shows that plaintiff is not interested to proceed with the NM, hence NM be kept for dismissal.
Earlier order, if any, to continue till next date.
Adjd. To 04/04/2022 for NM dismissal.
K.B.
L.O. at 3.30 p.m.
Adv Yadav h/f Adv B.P. Shukla for plaintiff present.
Adjd. To 04/04/2022 for NM dismissal.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 04-04-2022

Date: 04-04-2022
Business: CORAM  H.H.J. SHRI A.G. SANTANI, (C.R.NO.11)
(Matter pertains to C.R. No.04)
Adv Yadav h/f Adv B.P. Shukla for plaintiff present.
Adv Mrs Tondwalkar for defendant / MCGM is present.
Earlier order, if any, to continue till next date.
Adjd. To 29/04/2022 for NM dismissal.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 29-04-2022

Date: 29-04-2022
Business: Adv Yadav h/f Adv B.P. Shukla for plaintiff present and requests for time to argue on NM. Time is granted till next date.
Adv Mrs Tondwalkar for defendant / MCGM is present.
Earlier order, if any, to continue till next date.
Adjd. To 17/06/2022 for NM hearing / dismissal.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-06-2022

Date: 17-06-2022
Business: CORAM  H. H. J. SHRI K.P. KSHIRSAGAR (C. R. No.08)
(Matter pertains to C.R. No. 4)
Adv. Yadav h/f Adv. B. P. Shukla for plaintiff present.
Adv Mrs Tondwalkar for defendant/ MCGM is present.
Earlier order, if any, to continue till next date.
Adjd. to 10/08/2022 for NM hearing/dismissal.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-08-2022

Date: 10-08-2022
Business: Adv. Sunita Dubey h/f Adv. B. P. Shukla for plaintiff present and requested time to argue on N/M. Time is granted till next date.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Earlier order, if any, to continue till next date.
Adjd. to 12/09/2022 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-09-2022

Date: 12-09-2022
Business: Adv. Sunita Dubey h/f Adv. B. P. Shukla for plaintiff present and requested time to argue on N/M. Time is granted till next date as a last chance.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Earlier order, if any, to continue till next date.
Adjd. to 30/09/2022 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-09-2022

Date: 30-09-2022
Business: Adv. Sunita Dubey h/f Adv. B. P. Shukla for plaintiff present and requested time to argue on N/M. Time is granted till next date.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Earlier order, if any, to continue till next date.
Adjd. to 18/11/2022 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-11-2022

Date: 18-11-2022
Business: Adv. Sunita Dubey h/f Adv. B. P. Shukla present and submitted that advocate on record is busy in Hon\''ble High Court hence, requested time to argue on N/M. N/M is pending since long for hearing and adjourned time to time for hearing. However, as a last chance matter is adjourned.
Adv. Mr. Sutar h/f Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Earlier order, if any, to continue till next date.
Adjd. to 11/01/2023 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-01-2023

Date: 11-01-2023
Business: Adv. Yadav h/f Adv. B. P. Shukla for plaintiff present and requested time to argue on N/M.  Hence, one more last chance is granted.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Earlier order, if any, to continue till next date.
Adjd. to 30/01/2023 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-01-2023

Date: 30-01-2023
Business: Adv. B. P. Shukla for plaintiff present and requested time to argue on N/M on ground of his ill health. Hence, time is granted till next date.
Adv. Mrs. Chavan h/f Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Earlier order, if any, to continue till next date.
Adjd. to 24/02/2023 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-02-2023

Date: 24-02-2023
Business: Adv. Sunita Dubey h/f Adv. B. P. Shukla for plaintiff present and requested time to argue on N/M. Time is granted till next date as a last chance.
Adv. Mr. Suryavanshi for defendant/ BMC is present.
Earlier order, if any, to continue till next date.
Adjd. to 15/03/2023 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-03-2023

Date: 15-03-2023
Business: Adv. B. P. Shukla for plaintiff present.
Adv. Mhatre  h.f. Adv. Suryavanshi for defendant/ BMC is present.
KB
LO
Same appearance.
Earlier order, if any, to continue till next date.
Adjd. to 31.03.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-03-2023

Date: 31-03-2023
Business: Adv Sunita Dubey h/f Adv B.P. Shukla for plaintiff present and submitted that Adv B.P. Shukla is  not feeling well hence, requested time.  O- Granted.
Adv Suryavanshi for deft/BMC present.
Earlier order, if any, to continue till next date.
Matter is adjd. to 12-04-2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-04-2023

Date: 12-04-2023
Business: Adv. Sunita Dubey for plaintiff present and submitted that senior Adv. Shukla has urgent matter in Hon\''ble High Court, hence request for time to argue on N.M. It appears that since 2018 NM is pending for hearing and repeatedly adjourned on request of plaintiff. However as a last chance time granted.
Adv. Mr. Suryavanshi for defendant/ BMC is present.
Earlier order, if any, to continue till next date.
Adjd. to 02.05.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-05-2023

Date: 02-05-2023
Business: Adv.Mr. Yadav hf Adv. B.P. Shukla for plaintiff present and  seeks time to argue on NM as he is not prepared.                     O-Granted as a one more last chance.
Adv. Ms. Mhatre for defendant/ BMC is present.
Earlier order, if any, to continue till next date.
Adjd. to 13.07.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-07-2023

Date: 13-07-2023
Business: Advocate Sunita Dubey h/f B.P. Shukla for plaintiff present and submitted that Sr. Adv is at Dindoshi Court. He further submitted that keep back the matter
Advocate Mhatre h/f adv. Suryavanshi for defendant/BMC present.
Keep back.
L. O.
Adv. B.P.  Shukla for plaintiff present.
Heard argument of both side on NM.
Earlier order, if any, to continue till next date.
Adjd to  26.07.2023 for NM Order
Next Purpose: NM  ORDERS
Next Hearing Date: 26-07-2023

Date: 26-07-2023
Business: Advocate Sunita Dubey h/f Shukla for plaintiff present.
Advocate Suryavanshi for defendant/BMC present.
As court is busy in hearing and dictating of ad-interim order and Due to paucity of time matter adjourned
Earlier order, if any, to continue till next date.
Adjd to 18.08.2023 for NM Order
Next Purpose: NM  ORDERS
Next Hearing Date: 18-08-2023

Date: 18-08-2023
Business: Advocate J. S. Yadav h/f B.P. Shukla for plaintiff present.
Advocate Suryavanshi  for defendant/BMC present.
Keep back
L.O.
As court is busy in recording evidence and hearing Ch/s. Due paucity of time matter adjourned.
Earlier order, if any, to continue till next date.
Adjd to  31.08.2023 for NM Order
Next Purpose: NM  ORDERS
Next Hearing Date: 31-08-2023

Date: 31-08-2023
Business: Advocate Ravindra Singh h/f B. P. Shukla for plaintiff present.
Advocate Mhatre h/f  Sur for defendant/BMC present.
Matter adjourned as court is busy in dictating judgment in SU No. 2400/2013 and due to paucity of time. Adjourned.
Earlier order, if any, to continue till next date.
Adjd to 18.09.2023 for NM ORder
Next Purpose: NM  ORDERS
Next Hearing Date: 18-09-2023

Date: 18-09-2023
Business: Matter pertains to C. R. No. 4
Advocate Abhishek Shukla h/f B.P. Shukla for plaintiff present.
None present for defendant/BMC.
Earlier order, if any, to continue till next date.
Adjd  to 04.10.2023   for  NM Order.
Next Purpose: NM  ORDERS
Next Hearing Date: 04-10-2023

Date: 04-10-2023
Business: Adv. Karan Chaudhary h/f B.P. Shukla for plaintiff present.
Adv. Ms. Dhuri for defendant/BMC present.
F.R.S.R. Following order is passed on Notice of Motion No. 453/2018.
ORDER
Notice of Motion is dismissed
Adv for plaintiff tendered application for extension of ad-interim relief. Marked as Exh. 2 O- Other side to say.
Adv Dhuri h/f Suryavanshi for defendant/BMC filed say on Exh.2.
Heard argument of both sides on Exh. 2
Order on below Exh.2
1.   After pronouncing the order on NM. Adv for plf moved this application for continuation of EOC dated 09.12.2019. Adv for corporation strongly opposed prayer for continuation of EOC.
2.   Heard adv for the parties and perused record and proceeding.
3.  The NM for temporary injunction has been dismissed. The plaintiff intends to challenge order dismissing NM. It appears that ad-interim relief was continued during the pendency of NM. The appeal is the statutory right of the parties, Hence, I pass following order.
ORDER
Defendant/B.M.C. Shall not take coercive action for a period of one week from the date of uploading of order of Notice of Motion on the official Website.
Adjd to 27.10.2023  for WS
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 27-10-2023

Date: 27-10-2023
Business: Advocate Sunita Dubey h/f Shukla for plaintiff present.
Advocate Suryavanshi  for defendant/BMC present and submitted that NM Reply be treated as WS. O-Allowed.
WS marked as Exh.3
Adjd  to  02.11.2023    for  Hearing on issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 02-11-2023

Date: 02-11-2023
Business: Advocate Sunita Dubey h/f Shukla for plaintiff present.
Advocate Mhatre for defendant/BMC present.
Adjd  to  06.01.2024    for framing issues
Next Purpose: FRAMING ISSUES
Next Hearing Date: 06-01-2024

Date: 06-01-2024
Business: Advocate Yogita Singh h/f B. P. Shukla for plaintiff present.
Advocate Suryavanshi  for defendant/BMC present.
Exh. 4 – Issues are framed
Adjd  to  16.02.2024 for  List of Witness/R.E
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-02-2024

Date: 16-02-2024
Business: None present for plaintiff.
Advocate Suryavanshi  for defendant/BMC present.
Today is first date for filing evidence of plaintiff. Hence matter adjourned
Adjd  to  13.03.2024    for plaintiff evidence /R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-03-2024

Date: 13-03-2024
Business: PO is on leave, hence board is discharged and matter is adjourned.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-04-2024

Date: 03-04-2024
Business: Note : P.O. is nominated of Judicial officers for 5 days Special Course on “ Criminal Justice and Digital Forensic” at NFSU Delhi Campus (03.04.2024 to 05.04.2024). Hence matter is adjourned.
Adjd  to   06/05/2024 for Plaintiff’s evidence(R/E).
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-05-2024

Date: 06-05-2024
Business: Advocate J. S. Yadav h/f Shukla  for plaintiff present and requested time to file evidence. Hence matter adjourned.
Advocate Suryavanshi  for defendant/BMC present.
Adjd  to   26.06.2024     for plaintiff evidence/R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 26-06-2024

Date: 26-06-2024
Business: None present for plaintiff
Advocate Botlawar for defendant/BMC present.
The suit is fixed for evidence of plaintiff. The suit is of year 2018 and issues are framed on 06.01.2024. This is third date for evidence of plaintiff. The roznama shows that since framing of issues neither plaintiff nor Adv remains present. Hence matter adjourned and kept for dismissal of suit for want of prosecution.
Adjd  to  20.07.2024 for dismissal of suit/R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-07-2024

Date: 20-07-2024
Business: Advocate J. S. Yadav h/f Shukla for plaintiff present and submitted that plaintiff is not present and requested adjournment. On previous date conditional order was passed but due to heavy rain there is direction not to pass adverse order. Hence matter adjourned
Advocate Waghamare h/f Botlawar for defendant/BMC present.
Adjd  to  09.08.2024   for  R.E./dismissal of suit
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-08-2024

Date: 09-08-2024
Business: None present for plaintiff
Advocate Botlawar  for defendant/BMC present.
hence keep back for some time.
Later on 5.40 p.m
Due to paucity of time, matter adjourned
Adjd  to  23.08.2024    for R.E/Dismissal of suit.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-08-2024

Date: 23-08-2024
Business: Advocate J. S. Yadav h/f Shukla for plaintiff present and submitted that plaintiff is not present and he has issued letter. If on next date plaintiff not appear he will withdraw the VP. Hence matter adjourned as a last chance
Advocate Botlawar   for defendant/BMC present.
Adjd to 18.09.2024   for R. E./Dismissal
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-09-2024

Date: 18-09-2024
Business: Advocate Sunita Dubey h/f Shukla for plaintiff present and submitted that plaintiff is not contacting and requested for adjournment.
Since last two dates matter adjourned on request of Adv for plaintiff but today also Adv for plaintiff seeking adjournment. Hence matter adjourned with condition that on next date if plaintiff failed to lead evidence necessary order will be passed.
Advocate  Botlawar   for defendant/BMC present.
Adjd  to  11.10.2024    for dismissal of suit/R.E.P.H.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 11-10-2024

Date: 11-10-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
None present for plaintiff.
Advocate Botlawar   for defendant/BMC present.
On previous date matter was adjourned with conditional order but none present for plaintiff, hence kept back.
keep back
Later on 3.45 p.m
Adv Sunita Dubey h/f Shukla for plaintiff submitted that plaintiff is not present in the Court means he may be out of Mumbai and requested for adjournment. However roznama show that 26.6.2024 matter is kept for dismissal fo suit and thereafter adjourned on 20.07.2024, 09.08.2024, 23.08.2024 for dismissal of suit and then adjourned to 18.09.2024. On that on request of Adv for plaintiff matter was adjourned till today with conditional order but inspite of that neither plaintiff present nor lead evidence. This shows that plaintiff is not interested to proced with the suit. Hence I have no option but to dismiss the suit. Hence I pass following order.
ORDER
Suit is dismissed for want of prosecution under Order IX Rule 8 of Civil Procedure Code.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 11-10-2024

Additional Case Details

Additional Case Details
Filing Number: 101613/2018
Filing Date: 29-01-2018
First Hearing Date: 27th March 2018
Decision Date: 11th October 2024
Court Number And Judge: 4-COURT 04 AD-HOC JUDGE

Orders

2
Final Order 1
11 Oct 2024
Order Details: Other
Pdf Text: 18 Dt:11.10.2024
SU 272/18
CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
None present for plaintiff.
Advocate Botlawar for defendant/BMC present.
On previous date matter was adjourned with conditional
order but none present for plaintiff, hence kept back.
keep back
Later on 3.45 p.m
Adv Sunita Dubey h/f Shukla for plaintiff submitted that
plaintiff is not present in the Court means he may be out of
Mumbai and requested for adjournment. However roznama
show that 26.6.2024 matter is kept for dismissal fo suit and
thereafter adjourned on 20.07.2024, 09.08.2024,
23.08.2024 for dismissal of suit and then adjourned to
18.09.2024. On that on request of Adv for plaintiff matter
was adjourned till today with conditional order but inspite
of that neither plaintiff present nor lead evidence. This
shows that plaintiff is not interested to proceed with the
suit. Hence I have no option but to dismiss the suit. Hence I
pass following order.
ORDER
Suit is dismissed for want of prosecution under Order IX Rule
8 of Civil Procedure Code.
Judge
-- 1 of 1 --
Order 1
11 Oct 2024
Order Details: Other
Pdf Text: 18 Dt:11.10.2024
SU 272/18
CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
None present for plaintiff.
Advocate Botlawar for defendant/BMC present.
On previous date matter was adjourned with conditional
order but none present for plaintiff, hence kept back.
keep back
Later on 3.45 p.m
Adv Sunita Dubey h/f Shukla for plaintiff submitted that
plaintiff is not present in the Court means he may be out of
Mumbai and requested for adjournment. However roznama
show that 26.6.2024 matter is kept for dismissal fo suit and
thereafter adjourned on 20.07.2024, 09.08.2024,
23.08.2024 for dismissal of suit and then adjourned to
18.09.2024. On that on request of Adv for plaintiff matter
was adjourned till today with conditional order but inspite
of that neither plaintiff present nor lead evidence. This
shows that plaintiff is not interested to proceed with the
suit. Hence I have no option but to dismiss the suit. Hence I
pass following order.
ORDER
Suit is dismissed for want of prosecution under Order IX Rule
8 of Civil Procedure Code.
Judge
-- 1 of 1 --

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