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SUIT - SHORT CAUSE CIVIL SUIT

DAYARAM RAMBALI VISHWAKARMAVsMumbai Municipal Corporation +1 more

CNR MHCC0100161720204-COURT 04 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 18th March 2025

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
102648/2023
Registration Date
30 Oct 2023

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    CODE OF CIVIL PROCEDURE · Sec 9

    Case History / Proceedings

    Case History
    Date: 11-01-2024
    Business: None present for plaintiff
    Writ of summons be served upon defendant though Bailiff of office of the Sheriff of Mumbai and plaintiff is directed to supply copies of plaint and document to be served upon the defendants.
    Adjd  to 16.04.2024 for  Service of writ of summons.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 16-04-2024
    
    Date: 16-04-2024
    Business: None present for plaintiff.
    Adjd  to 25.07.2024    for service of writ of summons
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 25-07-2024
    
    Date: 25-07-2024
    Business: None present for plaintiff
    Adjd  to  26.09.2024    for Service of writ of summons
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 26-09-2024
    
    Date: 26-09-2024
    Business: None present for plaintiff
    Advocate  Metakari  for defendant/BMC present.
    The suit is pending since long for writ of summons but neither plaintiff nor his Adv remains present. No steps taken to serve writ of summons. Hence matter adjourned and kept for dismissal of suit.
    Adjd  to  19.10.2024    for dismissal of suit.
    Next Purpose: SUIT DISMISSAL
    Next Hearing Date: 19-10-2024
    
    Date: 19-10-2024
    Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
    None for plaintiff.
    Advocate Pooja Nagarthawar for defendants/BMC present.
    Adjd  to 16/11/2024 for dismissal of Suit.
    Next Purpose: SUIT DISMISSAL
    Next Hearing Date: 16-11-2024
    
    Date: 16-11-2024
    Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
    None present for plaintiff.
    Adv. Santosh Yadav  for defendant/BMC  present.
    As Court is busy in Targeted matter and judgment in Suit No. 1908/2016 and 1909/2016. Hence matter adjourned.
    Adjd  to 21.12.2024     for suit dismissal.
    Next Purpose: SUIT DISMISSAL
    Next Hearing Date: 21-12-2024
    
    Date: 21-12-2024
    Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
    None present for plaintiff
    Advocate Nagarthawar h/f Counsel Adv. Som Sinha for defendant/BMC present and tendered application for dismissal of suit Exh. 5 O- other side to say
    Adjd  to  24.12.2024  for say on Exh. 5/ suit dismissal
    Next Purpose: SUIT DISMISSAL
    Next Hearing Date: 24-12-2024
    
    Date: 24-12-2024
    Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
    None present for plaintiff
    Counsel Adv. Som Sinha a/w Advocate Nagarthawar        for defendant/BMC present and submitted that suit is filed in year 2020 but writ of summons is not served. Today neither plaintiff nor his adv remains present and he has filed application for dismissal of suit.
    keep back
    Later on
    As Court is busy in ad-interim hearing and ad-interim order in suit No. 6950/2024 and 6918/2024, hence matter adjourned.
    Adjd  to  18.01.2025    for suit dismissal
    Next Purpose: SUIT DISMISSAL
    Next Hearing Date: 18-01-2025
    
    Date: 18-01-2025
    Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
    None present for the plaintiff. Adv. Mr. Swapnil Bharti for defendant/MCGM is present. The matter is kept back.
    Later on at 1.15 p.m.
    The appearance is as above. The suit is posted for dismissal.
    Adjourned for suit dismissal to 13.03.2025.
    Next Purpose: SUIT DISMISSAL
    Next Hearing Date: 18-03-2025
    
    Date: 18-03-2025
    Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
    None present for the plaintiff to file writ of summons. Adv. Mr. Som Sinha a/w Adv. Ms. Pooja Nagarthawar for defendant/MCGM is present. On inquiry, he submitted that as per his instructions, no proceeding is pending before Hon’ble Bombay High Court. The matter is kept back.
    Later on at 1.00 pm
    None present for the plaintiff. Adv. Ms. Pooja Nagarthawar h/f Adv. Mr. Som Sinha for defendant/MCGM is present. The matter is kept back.
    Later on at 3.25 pm
    None present for the plaintiff. Adv. Ms. Pooja Nagarthawar h/f Adv. Mr. Som Sinha for defendant/MCGM is present.
    Order Below exhibit No. 01:
           Even today, the plaintiff is absent to proceed with the matter. Though the matter is filed in the year of 2020, till date the plaintiff couldn't ensure due service of the suit summons on the defendants, even after specific directions. It seems that he is absent since last considerable time for no justified reasons. Nor any Order, staying this proceeding, is brought to notice of this Court. It is, thus, clear that the plaintiff lost his interest in the suit. Hence, the suit stands dismissed Under Order IX, Rule 2 and 4 of the CPC, 1908. All the pending applications are filed. He is called upon to bear the costs of the litigation. Bill of costs be drawn-up accordingly. The 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
    Disposal Date: 18-03-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 101766/2020
    Filing Date: 07-02-2020
    First Hearing Date: 11th January 2024
    Decision Date: 18th March 2025
    Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    18 Mar 2025

    Order Details: Other Pdf Text: Dt:18.03.2025 Sr. No. 2 SU 2648/2023 CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04) None present for the plaintiff to file writ of summons. Adv. Mr. Som Sinha a/w Adv. Ms. Pooja Nagarthawar for defendant/MCGM is present. On inquiry, he submitted that as per his instructions, no proceeding is pending before Hon’ble Bombay High Court. The matter is kept back. Later on at 1.00 pm None present for the plaintiff. Adv. Ms. Pooja Nagarthawar…

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