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SUIT - SHORT CAUSE CIVIL SUIT

Ashok Sinna AnchanVsThe Manager +1 more

CNR MHCC0100173620209-COURT 09 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 13th April 2022

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100475/2020
Registration Date
11 Feb 2020

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 39

    Case History / Proceedings

    Case History
    Date: 14-02-2020
    Business: By Praecipe.
    Adv. Girish Sawant  for plaintiff is present. He shows acknowledgement of service of N/M.  Plaintiff is directed to file affidavit of service.  He requested to prepone the matter. O granted.
    Matter is  adjd. N/M service to 17/02/2020.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 17-02-2020
    
    Date: 17-02-2020
    Business: Adv. Girish Sawant for plaintiff is present.  On his request matter is KB
    None present for defendants.
    KB
    L.O.at  05.00  pm
    Adv Girish Sawant for plaintiff is present. He filed affidavit of service.
    Heard argument of plaintiff. It is contention of plaintiff that defendant no. 2 has passed order dt. 16/01/2020 of eviction of plaintiff from the suit premises on the ground that plaintiff has created sub-tenancy illegally. The plaintiff has filed the copies of rent receipts, electricity bill, ration card, aadhar card on record. However, the order dt. 16/01/2020 shows that the said order was passed because of creation of illegal subtenancy by plaintiff. Adv of plaintiff has relied on copy of government resolution dt 11/10/1994  wherein para no. 3 it is mentioned that before any action regarding breach of tenancy agreement viz arrears of rent unauthorized construction in gala, unauthorized construction in premises, sub-tenant permission, unauthorized transfer of premises, Sub-tenant, permission of the  State Government should be taken. No such permission is taken by defendant no. 1 and 2 before passing order dt. 16/01/2020.  From the documents filed on record, it appears that without giving opportunity of filing reply to the defendants, no ad-interim relief can be granted. Hence the Order.
    1)   Prayer of ad interim relief is rejected
    2) Authenticated copy of roznama be provided to the parties.
    Matter is adjd. for N/M reply  to 31/03/2020.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 31-03-2020
    
    Date: 31-03-2020
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-04-2020
    
    Date: 17-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 06-05-2020
    
    Date: 06-05-2020
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 28-05-2020
    
    Date: 28-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 15-06-2020
    
    Date: 15-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 03-11-2020
    
    Date: 03-11-2020
    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: 22-02-2021
    
    Date: 22-02-2021
    Business: Both the parties and their advocates are absent.
    Matter is adjd. to 28/04/2021 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 28-04-2021
    
    Date: 28-04-2021
    Business: due to covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 15-07-2021
    
    Date: 15-07-2021
    Business: Due to COIVD-19 pandemic.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-09-2021
    
    Date: 16-09-2021
    Business: Adv Parkar present for plaintiff.
    Adv absent for defendant.
    As court is busy in inspection of Notary Work,  hence, Matter adjourned for nm reply rejoinder to. 25/10/21.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 25-10-2021
    
    Date: 25-10-2021
    Business: Court busy in dictating order in NM No. 2016/2019 (SU 1507/2019), NM No.2014/2019 (SU No.1508/2019), NM No.2016/2019 (SU No.1509/2019), NM No.2008/2019 (SU No. 1453/2019) and NM No.2013/2019 (SU 1455/2019). Hence, board is discharged.
    Matter is adjd. to 14/12/2021 for reply-rejoinder.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 14-12-2021
    
    Date: 14-12-2021
    Business: None present.
    Matter is adjd. to 03.03.2022 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 03-03-2022
    
    Date: 03-03-2022
    Business: Court is busy in arguments of NM in Suit No. 2428/2017 and Suit No. 501/2021 to 514/2021, dictating order in suit No. 2101/2021.
    Matter is adjd. for NM reply on 27-04-2022
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 13-04-2022
    
    Date: 13-04-2022
    Business: (Matter pertains to C.R.No.9)
    By Precipe
    Adv.Girish Sawant present for plaintiff.
    None present for defendant.
    Plaint
    Vakalatnama. O-Seen and filed.
    Address Memo. O-R and R.
    List of documents. O-Seen and filed.
    Affidavit in support of plaint
    and he tendered application for withdrawal of the suit t.o.r. Marked as Exh-06.
    Order on Exh-06.
    Order-Perused the application and record. As the advocate for plaintiff submitted that, plaintiff wants to withdraw the suit unconditionally, it will be appropriate to permit the Plaintiff to withdraw the suit unconditionally as prayed. Hence, application Exh-06 is allowed and plaintiff is permitted to withdraw the suit unconditionally.
            Advocate for plaintiff submitted to dispose of the suit as withdrawn unconditionally. Hence suit is disposed of as withdrawn unconditionally. Pending Notice of Motion 797 of 2020 is disposed off as filed. Proceeding is closed.
    Nature Of Disposal: WITHDRAWL
    Disposal Date: 13-04-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 101876/2020
    Filing Date: 10-02-2020
    First Hearing Date: 14th February 2020
    Decision Date: 13th April 2022
    Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    13 Apr 2022
    Order Details: Other
    Pdf Text: Back
    Daily Status
    IN THE COURT OF :COURT 09 ADDL SESSIONS JUDGE
    Case No. :SUIT/0100475/2020
    Ashok Sinna Anchan Vs The Manager
    Date : 13-04-2022
    Business 	: (Matter pertains to C.R.No.9) By Precipe Adv.Girish Sawant present for
    plaintiff. None present for defendant. Plaint Vakalatnama. O-Seen and filed.
    Address Memo. O-R and R. List of documents. O-Seen and filed. Affidavit in
    support of plaint and he tendered application for withdrawal of the suit t.o.r.
    Marked as Exh-06. Order on Exh-06. Order-Perused the application and
    record. As the advocate for plaintiff submitted that, plaintiff wants to withdraw
    the suit unconditionally, it will be appropriate to permit the Plaintiff to withdraw
    the suit unconditionally as prayed. Hence, application Exh-06 is allowed and
    plaintiff is permitted to withdraw the suit unconditionally. Advocate for plaintiff
    submitted to dispose of the suit as withdrawn unconditionally. Hence suit is
    disposed of as withdrawn unconditionally. Pending Notice of Motion 797 of
    2020 is disposed off as filed. Proceeding is closed.
    Nature of Disposal 	: WITHDRAWL
    Disposal Date 	: 13-04-2022
    COURT 09 ADDL SESSIONS JUDGE
    Case History 	http://172.16.148.30/swecourtis/kiosk/cases/case_no.p...
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