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SUIT - SHORT CAUSE CIVIL SUIT

Nivrutti Pandurang thukarulVsMacrotech Developers Ltd. and Anr. +2 more

CNR MHCC01001471202017-COURT 17 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 14th June 2023

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100390/2020
Registration Date
05 Feb 2020

Advocates

2

For Petitioner

For Respondent

Parties

4

Acts & Sections

2
Hindu Marriage Act · Sec 37 · 38And39
Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act · Sec 33 (7)

Case History / Proceedings

Case History
Date: 26-02-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-04-2020

Date: 13-04-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-04-2020

Date: 28-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-05-2020

Date: 19-05-2020
Business: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-06-2020

Date: 06-06-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-06-2020

Date: 24-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-11-2020

Date: 10-11-2020
Business: Due to lockdown because of Covid-19, board is discharged and as per SOP only urgent matters are taken up.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-02-2021

Date: 25-02-2021
Business: Plff. And his adv. Absent.
Adv. Pathak for deft.nos.2 and 3 present.
Matter is adjd. to 29.04.2021 for reply on N/M No.878/20.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-04-2021

Date: 29-04-2021
Business: due to covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-07-2021

Date: 20-07-2021
Business: Adv. Mr. Pophale for the plaintiff present.
Adv. Mr. Pophale for the plaintiff filed vakalatnama. It is t.o.r.
None for defendant.
Matter is adjd. to 07/09/2021 for reply to NM No.878/2020/ filing WS of defendant No.1.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-09-2021

Date: 07-09-2021
Business: Court is on leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-10-2021

Date: 11-10-2021
Business: None for plaintiffs.
Adv. Mr. Gautam Jain h/f Adv. Mr Dandekar for defendant No.1 present.
Adv. Mr. Pathak h/f Adv. Mr. Kandekar for the defendant Nos.2 and 3 present.
Matter is adjd. to 18/11/2021 for NM reply-rejoinder.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-11-2021

Date: 18-11-2021
Business: Adv Shenoy present for the defendant no.1.  He filed draft NM a/w affidavit in support TOR O- Granted. Leave to register. Serve to other side.
Matter is adjd. to 08.12.2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-12-2021

Date: 08-12-2021
Business: court is on leave
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-01-2022

Date: 24-01-2022
Business: None for plaintiff.
Adv.Akshata Naik h/f Dandekar for defendant no.1 is present.
She tendered registered NM No. 3051/21 along with affidavit in support TOR.
Matter is adjd. to 15.03.2022 for reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-03-2022

Date: 15-03-2022
Business: Adv. Pofale for Plff. present.
Adv for Deft. present.
By consent Matter is adjd. to 22-04-2022 for N/m reply rejoinder.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-04-2022

Date: 22-04-2022
Business: plaintiff present and filed reply to NM 3051/21 t.o.r.
Adv. Shenoy for defendant no. 1 present.
Court is busy in hearing High Court time bound matter in Stamp No. 6984/18 and R.E. in Suit No. 3641/2012.
Hence, board is discharged.
Matter is adjd. to 13.07.2022 for reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-07-2022

Date: 13-07-2022
Business: Adv. Ashok K. Phopale for plaintiff present.
Adv. Akshata Naik for defendant no.1 present.
Perusing record it appears that no reply filed against the NM 878/20. Hence no reply order passed against plaintiff.
Adv Pathak h/f Adv Kandekar present for Defendant no.3/ MHADA.
Matter is adjd. to 07.09.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-09-2022

Date: 07-09-2022
Business: None present for plaintiff for hearing.
Adv Pathak H/f Adv Kandekar present for MHADA/Deft.
Matter is adjd. to 03.11.2022 for NM hearing.
LO at 3.23
Adv. Ashok Pophale for plaintiff present.
Adv. Atharv Dandekar for deft.no. 1 present
Perusing record, it appears that No reply order reply passed against plaintiff but plaintiff filed their reply to NM filed by the deft.
One NM No. 878/20 filed by the plaintiff. Today the deft.no. 1 is filed the reply to NM No. 878/20. Copy of reply served to the plaintiff.
By consent of both parties, date is changed Hence, matter 15.10.2022 for both the NMs hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-10-2022

Date: 15-10-2022
Business: None present for plaintiff.
Adv. Atharva Raganekar for defendant no. 1 present.
Adv Pathak H/f Adv Kandekar present for MHADA/Deft.No.2 and 3.
Court is busy in dictating judgment in suit No. 725/2021. Hence, Matter is adjd. to 19.11.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-11-2022

Date: 19-11-2022
Business: Plaintiff is present and submitted that his advocate is not present and seeking time for hearing Notice of Motion. Time is granted.
Adv. Pathak h/f Adv. Kandekar for defendant No.2/MHADA  present.
Matter is adjd. to 18.01.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-01-2023

Date: 18-01-2023
Business: Court is on leave.
Hence, Board is discharged.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-02-2023

Date: 20-02-2023
Business: None present for plaintiff.
Adv. Harshida Darji h/f Adv. Kandekar for defendant No.2/MHADA present.
Adv. Padmini Ainapure for Defendant No.1 present and submitted that the claim made by the plaintiff is influctuous and disposed suit. But Notice of Motion is pending it will better to hear Notice of Motion and decide the matter.
Matter is adjourned to 30.03.2023 for Notice of Motion hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-03-2023

Date: 30-03-2023
Business: None present for plaintiff.
Adv. Atharva Dandekar for defendant No.1 present.
Adv. Janhavi Kandekar for defendant/MHADA present.
KB for plaintiff for hearing.
LO at 4.39 pm
None present for plaintiff for hearing NM No. 3051/21.
Heard the Ld. Advocate for defendant on last date. The plaintiff absent for argument hence, adjourned for order on Notice of Motion
Matter is adjourned to 15.04.2023 for NM no. 3051/21 for order.
Next Purpose: NM  ORDERS
Next Hearing Date: 15-04-2023

Date: 15-04-2023
Business: court is on leave
Next Purpose: NM  ORDERS
Next Hearing Date: 29-04-2023

Date: 29-04-2023
Business: None present for plaintiff.
Adv. Harshal Lohakare I/b Adv. Atharva Dandekar for defendant No.1 present.
Adv. Harshida Darji h/f Adv. Kandekar for Deft Nos.2 and3/MHADA present.
Court is busy in other matters on board. Hence, Matter is adjourned to 14.06.2023 for NM No. 3051/21 orders.
Next Purpose: NM  ORDERS
Next Hearing Date: 14-06-2023

Date: 14-06-2023
Business: Adv. Janhavi kandekar for defendant nos. 2 and 3 (MHADA) is present.
Adv. Harshal Lohakare i/b Adv. Atharva Dandekar for defendant is present.
F.R.S.R. following order is passed below N/M no. 3051/21 :-
OPERATIVE PART OF ORDER
1.	Notice of Motion No.3051/2021 is made absolute in terms of prayer clause (a).
2.	Notice of Motion No.3051/2021 is disposed of accordingly.
F.R.S.R following order is passed below Exh. 1 :-
OPERATIVE PART OF FINAL ORDER
1.	Suit is dismissed as it became infructuous.
2.	As the suit is disposed of, notice of motion No.878/2020 does not survive, hence notice of notice No.878/2020 is disposed of accordingly.
3.	Proceedings be closed.
4.	Matter is sent back to concerned court.
Nature Of Disposal: DISMISSED
Disposal Date: 14-06-2023

Additional Case Details

Additional Case Details
Filing Number: 101555/2020
Filing Date: 04-02-2020
First Hearing Date: 26th February 2020
Decision Date: 14th June 2023
Court Number And Judge: 17-COURT 17 ADDL SESSIONS JUDGE

Orders

1
Final Order 1Full order available
14 Jun 2023

Order Details: Other Pdf Text: 1 MHCC010014712020 Presented on : 04-02-2020 Registered on : 05-02-2020 Decided on : 14-06-2023 Duration : 3Y, 3M,10D BEFORE THE CITY CIVIL COURT, MUMBAI ( Court No.17 ) (Presided Over by SHRI S.N.PATIL) SHORT CAUSE SUIT NO. 390 OF 2020 Nivrutti Pandurang Thukarul ..Plaintiff VERSUS 1. Macrotech Developers Ltd and ors ..Defendants _______________________________________________ None present for plaintiff Adv. Harshal Lokare i/b adv.Atharva Dandekar for defendant No.1 Adv.Janvi Kandekar for defendant Nos.2 and 3 __________________________________________________ CORAM:…

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