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SUIT - SHORT CAUSE CIVIL SUIT

Hoorbai Mohammed Hanif MansuriVsMCGM +1 more

CNR MHCC0100161520195-COURT 05 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHER
Decision Date: 24th September 2024

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
100697/2019
Registration Date
14 Mar 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    Hindu Marriage Act · Sec 37 · 38 · 39

    Case History / Proceedings

    Case History
    Date: 08-04-2019
    Business: As Court is buys in dictating judgment in SU 2076/05, SU 2324/05 and SU 2582/13, hence, board discharged.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 25-04-2019
    
    Date: 25-04-2019
    Business: Court is busy in dictating order and hearing urgent matter. Hence board is discharged.
    Matter adjd 23.07.19 for Direction.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 23-07-2019
    
    Date: 23-07-2019
    Business: Adv.Mr.Manek for plaintiff present.
    Adv.Smt.Rawade for defendant/MCGM present.
    Adv.of Plaintiff filed Summons to answer plaint t.o.r.
    Matter adjd to 03.08.2019 for Ch/s reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 03-08-2019
    
    Date: 03-08-2019
    
    Date: 31-08-2019
    Business: COURT IS ON LEAVE
    Next Purpose: C/S REPLY
    Next Hearing Date: 29-09-2019
    
    Date: 29-09-2019
    
    Date: 30-09-2019
    
    Date: 07-11-2019
    Business: Plaintiff and Adv. Absent.
    Adv. Mrs. Dhuri  for defendant/MCGM present.
    Matter adjd to 07/12/2019 for orders on ch/s.
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 07-12-2019
    
    Date: 07-12-2019
    Business: Plaintiff and Adv. Absent.
    Adv. Mrs. Rawade  for defendant/MCGM present.
    Matter adjd to 17/12/2019 for arguments on ch/s.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 17-12-2019
    
    Date: 17-12-2019
    Business: Adv Rawde for BMC/deft present.
    Adv. J. P. Takkar for plaintiff present.
    Heard ch/s. arguments from both sides.
    Matter adjd to 09.01.2020 for reply and argument .
    Next Purpose: REPLY
    Next Hearing Date: 09-01-2020
    
    Date: 09-01-2020
    Business: Adv.Ms. Thakkar for plaintiff present.
    Adv.Smt. Rawde for defendant/MCGM present.
    As the PO is busy in dictating the Orders and Judgments in other matters, the matter is adjourned.
    Board is discharged.
    Matter adjd to    06.02.2020 for Reply.
    Next Purpose: REPLY
    Next Hearing Date: 06-02-2020
    
    Date: 06-02-2020
    Business: Adv. Mr. Nandesh Mane for plaintiff present.
    Adv. Mr. Suryavanshi for the defendant  MCGM  present .
    Matter is adjd to 15/02/2020 for order.
    Next Purpose: ORDER
    Next Hearing Date: 15-02-2020
    
    Date: 15-02-2020
    Business: Plaintiff and advocate absent.
    Adv. Mr. Nandanwar for MCGM/deft present.
    F. R. S. R. Following order is passed on Chamber Summons No. 387/2019-
                           O R D E R
    1)  Chamber Summons No. 387/2019 is allowed.
    2)  The plaintiff to carry out the amendment in the plaintiff
          within 14 days from the date of order.
    3)  Chamber summons stands disposed off.
    Matter is adjd to 07/02/2020 for amendment.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 07-03-2020
    
    Date: 07-03-2020
    Business: Adv. Mr. Manik for plaintiff present.
    Adv. Mrs. Rawade for MCGM/deft present.
    Adv. Mr. Mayur Fairiya for intervener present and filed vakalatnama t.o.r. and marked as Exh. Order- Filed.
    Adv. Mr. Mayur Fariya also filed draft chamber summons alongwith affidavit t.o.r.
    Order- Leave granted. Chamber Summons be register.
    Matter is adjd to 09/06/2020 for reply on ch/s.
    Next Purpose: C/S REPLY
    Next Hearing Date: 09-06-2020
    
    Date: 09-06-2020
    Business: COVID-19
    Adv Chandra More for MCGM/defendant present.
    Matter adjourned for CS reply to 25.06.2020.
    Next Purpose: C/S REPLY
    Next Hearing Date: 25-06-2020
    
    Date: 25-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: C/S REPLY
    Next Hearing Date: 29-07-2020
    
    Date: 29-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: C/S REPLY
    Next Hearing Date: 08-09-2020
    
    Date: 08-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: C/S REPLY
    Next Hearing Date: 08-10-2020
    
    Date: 08-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: C/S REPLY
    Next Hearing Date: 31-10-2020
    
    Date: 31-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: C/S REPLY
    Next Hearing Date: 26-11-2020
    
    Date: 26-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: C/S REPLY
    Next Hearing Date: 18-12-2020
    
    Date: 18-12-2020
    Business: As P.O. is on Leave, hence matter is adjd. to.
    Next Purpose: C/S REPLY
    Next Hearing Date: 21-01-2021
    
    Date: 21-01-2021
    Business: Court is on CSIC Training.
    Next Purpose: C/S REPLY
    Next Hearing Date: 09-02-2021
    
    Date: 09-02-2021
    Business: Adv Manek present for plaintiff.
    Adv Rawade present for MCGM/defendant.
    Earlier order if any to continue till the next date.
    Matter adjourned for CS reply to 02.03.2021.
    Next Purpose: C/S REPLY
    Next Hearing Date: 02-03-2021
    
    Date: 02-03-2021
    Business: Adv JP Thakkar present for plaintiff and sought two weeks time to carryout amendment in the plaint as per earlier order which is passed in February 2020. Hence last chance is given subject to cost Rs.200/- to legal aid account for causing said delay.
    Adv Rawade present for MCGM/defendant.
    Matter adjourned for compliance to 18.03.2021.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 18-03-2021
    
    Date: 18-03-2021
    Business: Adv. Manek (hf) present for plaintiff.
    Adv. Rawade present for MCGM/defendant.
    Adv of plaintiff filed application for extension of time to comply amendment. O- Last chance subject to cost Rs.500/- payable to legal aid for causing said delay.
    Matter adjourned for compliance to 01.04.2021.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 01-04-2021
    
    Date: 01-04-2021
    Business: None present for plaintiff.
    Adv. Rawade present for MCGM/defendant.
    Matter adjourned for compliance to 04.05.2021.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 04-05-2021
    
    Date: 04-05-2021
    Business: Due to covid-19 pandemic matter is adjd.t o
    Next Purpose: COMPLIANCE
    Next Hearing Date: 22-06-2021
    
    Date: 22-06-2021
    Business: Adjourned due to Covid 19.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 03-08-2021
    
    Date: 03-08-2021
    Business: Adv. absent for plaintiff.
    Adv. Sutar present  for MCGM/defendant.
    Matter adjourned for Complince to. 09-09-2021.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 09-09-2021
    
    Date: 09-09-2021
    
    Date: 22-10-2021
    Business: None present for plaintiff.
    Adv. Kumuda Soraan @ Adv. Amol Diwate  present  for MCGM/defendant.
    As court is busy in dictatating order on nm no. 3292-2019 in suit no. 2073/13 and on nm 2015/21 in suit no. 459/16 hence remaining matter is adjd.
    Matter adjourned for compliance to. 24/11/21.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 24-11-2021
    
    Date: 24-11-2021
    Business: None present for plaintiff
    Adv. Soran @ Adv. Divate for MCGM/defendant.
    Matter adjourned for Compliance on 21-01-2022.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 21-01-2022
    
    Date: 21-01-2022
    Business: In view of the office order no. 07/2022 dated. 07/01/22 of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06/01/22 of Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge of COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s. Hence, matter is adjd.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 04-03-2022
    
    Date: 04-03-2022
    Business: As presiding officer is on leave. Hence, matter is adjourned to
    Next Purpose: COMPLIANCE
    Next Hearing Date: 13-04-2022
    
    Date: 13-04-2022
    Business: The court is busy in dictating orders i.e. Suit No.2558/2008 and Suit No.2562/2008  hence, for want of time board discharged.
    Matter is adjd for compliance on 01-07-2022
    Next Purpose: COMPLIANCE
    Next Hearing Date: 01-07-2022
    
    Date: 01-07-2022
    Business: The Court is busy in urgent matters and orders hence, for want of time following board discharged.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 19-08-2022
    
    Date: 19-08-2022
    Business: None for Plaintiff.
    Adv. Mr. Diwate for MCGM/ defendant  present.
    Matter is adjd for compliance on 10-10-2022.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 10-10-2022
    
    Date: 10-10-2022
    Business: As court is busy  in Recording of Evidence in High Court Time Bound Matter and dictating Order/Judgment in other matters. Hence, want of time board is discharged.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 14-12-2022
    
    Date: 14-12-2022
    Business: As Court is busy in urgent hearing in High Court Time Bound Matter i.e. Suit No. 1700 of 2010. Hence, want of time board is discharged.
    Matter is adjd for compliance on 27-01-2023
    Next Purpose: COMPLIANCE
    Next Hearing Date: 27-01-2023
    
    Date: 27-01-2023
    Business: First session P.O. is on leave. Hence matter is adjourned.
    Matter is adjd for compliance on 22-02-2023
    Next Purpose: COMPLIANCE
    Next Hearing Date: 22-02-2023
    
    Date: 22-02-2023
    Business: As court is on leave. Hence, matter adjourned.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 01-04-2023
    
    Date: 01-04-2023
    Business: As presiding officer is on leave. Hence, matter is adjourned to
    Next Purpose: COMPLIANCE
    Next Hearing Date: 29-04-2023
    
    Date: 29-04-2023
    Business: None for Plaintiff.
    Adv.  Shinde for MCGM/ defendant  present.
    As Court is busy in recording statement u/s 313 of Cr.P.C. in Session Case No. 406/2020.
    Matter is adjd for compliance on 01-08-2023
    Next Purpose: COMPLIANCE
    Next Hearing Date: 01-08-2023
    
    Date: 01-08-2023
    Business: None for Plaintiff.
    Adv. Gajanan Shinde with Adv. Rawade for defendant/ BMC present.
    Matter is adjd. to 31/08/2023 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 31-08-2023
    
    Date: 31-08-2023
    Business: None for Plaintiff.
    Adv. Gajanan Shinde along with Adv. Ms. Ravade for MCGM present.
    The plaintiff is directed to serve the amended plaint upon Defendant/MCGM on or before next date.
    Matter is adjd to  02.11.2023 for written statement.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 02-11-2023
    
    Date: 02-11-2023
    Business: None for Plaintiff.
    Adv. Gajanan Shinde along with Adv.  Vidya Vyavahare for defendant/MCGM present.
    On oral request of Ld. Adv. For defendant matter is adjourned.
    Matter is adjd  to 11.01.2024 for additional written statement.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 11-01-2024
    
    Date: 11-01-2024
    Business: None for Plaintiff.
    Adv. Ms. Rawade for MCGM present.
    On oral request of Ld. Adv. For defendant matter is adjourned.
    Matter is adjd  to  19.03.2024 for written statement.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 19-03-2024
    
    Date: 19-03-2024
    Business: Adv. J. P. Thakkar for Plaintiff present.
    Adv. Gajanan Shinde h/f Adv. Rawade for MCGM/Defendant present.
    On oral request of Ld. Adv. For plaintiff matter is adjourned.
    Matter is adjd  to 19.04.2024 for withdrawal.
    Next Purpose: WITHDRAWAL
    Next Hearing Date: 19-04-2024
    
    Date: 19-04-2024
    Business: Adv. Nandesh Manek h/f Adv. J. P. Thakkar for plaintiff present.
    Adv. Nafisa Asarwak h/f Adv. Gajanan Shinde a/w Adv. Pradeep Patil for MCGM present.
    Ld. Adv. for plaintiff submitted that the plaintiff is not in touch though tried to be contacted by the advocate for the plaintiff. Hence, matter be kept for passing dismissal order.
    Matter is adjd  to 03.07.2024 for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 03-07-2024
    
    Date: 03-07-2024
    Business: None for Plaintiff.
    Adv. Gajanan Shinde a/w Adv. G. V. Jawale for MCGM present.
    Matter is adjd  to  17.08.2024 for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 17-08-2024
    
    Date: 17-08-2024
    Business: None for Plaintiff.
    Adv. Gajanan Shinde a/w Adv. Chaitanya Dalvi for Defendant/MCGM present.
    Matter is adjd  to 24.09.2024 for withdrawal.
    Next Purpose: WITHDRAWAL
    Next Hearing Date: 24-09-2024
    
    Date: 24-09-2024
    Business: Adv. J. P. Thakkar for Plaintiff present.
    Adv. Gajanan Shinde a/w Adv. Chaitanya Dalvi for Defendant/MCGM present.
    The Ld. Adv. for the plaintiff though submitted that entire purpose for filing this suit already been served, she has not filed any application for withdrawal of the suit though matter is kept on her request which was made on last date for withdrawal. On the other hand, Ld. Adv. for the defendant/MCGM has submitted that inspite amending the plaint copy of amended plaint is not supplied so as to file additional written statement. Hence, considering all these circumstances, there is no propriety by keeping the case in abeyance when the plaintiffs are not interested to proceed with the matter. Thus, following order is passed -
    ORDER
    1. Suit Stands dismissed for want of compliance.
    2. L. C. Suit No. 697 of 2019 stands disposed of accordingly.
    Nature Of Disposal: OTHER
    Disposal Date: 24-09-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 101808/2019
    Filing Date: 12-02-2019
    First Hearing Date: 08th April 2019
    Decision Date: 24th September 2024
    Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    24 Sept 2024
    Order Details: Other
    Pdf Text: 24.09.2024 CORAM: SHRI R. M. MISHRA, ADDL. SESSIONS JUDGE C.R.NO.5
    SU. 697/19 Adv. J. P. Thakkar for Plaintiff present.
    Adv. Gajanan Shinde a/w Adv. Chaitanya Dalvi for Defendant/MCGM
    present.
    The Ld. Adv. for the plaintiff though submitted that entire purpose for
    filing this suit already been served, she has not filed any application for
    withdrawal of the suit though matter is kept on her request which was
    made on last date for withdrawal. On the other hand, Ld. Adv. for the
    defendant/MCGM has submitted that inspite amending the plaint copy
    of amended plaint is not supplied so as to file additional written
    statement. Hence, considering all these circumstances, there is no
    propriety by keeping the case in abeyance when the plaintiffs are not
    interested to proceed with the matter. Thus, following order is passed -
    ORDER
    1. Suit Stands dismissed for want of compliance.
    2. L. C. Suit No. 697 of 2019 stands disposed of accordingly.
    Judge
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