SUIT - SHORT CAUSE CIVIL SUIT

Amruteshwar CHS LtdVsMCGM

CNR MHCC0100186220185-COURT 05 ADDL SESSIONS JUDGE

City Civil Court, Mumbai

Mumbai · Maharashtra (MH)

CASE DISPOSED

Uncontested--DISMISSED

Decision Date: 04th April 2019

TrustJury record updated 09 Sept 2026

Case Overview

Registration Number: 100359/2018
Registration Date: 06 Feb 2018

Advocates

For Petitioner

Shri S. K. Dubey

For Respondent

Not available

Parties

Petitioner

1Amruteshwar CHS Ltd

Respondent

1MCGM

Acts & Sections

Bombay Tenancy and Agricultural Land (Vidarbha Region and Kutch Area) Act · Sec 9

Terrorist and Disruptive and Activities (Prevention) Act · Sec 527

Case History / Proceedings

Case History

Date: 08-02-2018
Business: On the other hand the Ld. Adv. Dubey submits that the said open space has been acquired by the plaintiff in 1972.  Thereafter the building was constructed.   According to him the set back portion has been handed over to the plaintiff for the purpose of beautification on 20.02.2001.  A chabutara was also constructed.  He further submits that in Suit No. 466/2009 ad-interim relief was granted, however the said suit was dismissed for default, as cause of action came to an end.  He submits that the defendant should adopt due process of law, as the said space is owned by the plaintiff.  The permission given by the defendant for beautification is not revoked.
  I have gone through the copies of documents placed by both the parties.  The Ld. Adv. for plaintiff brings my attention to the letter dtd. 20.06.2017, in which it is referred that said open space is reserved for parking purpose as per DP 2034.  The defendant has not filed its affidavit in reply.
Adjd. to 13.02.2018 for reply and argue
Next Purpose: REPLY
Next Hearing Date: 13-02-2018

Date: 13-02-2018
Business: Resumed.
Adv. S.K. Dubey for plaintiff tenders registered NM No. 584/2018.  Adv. Tavakuli with Adv. Dhumale for BMC are present.  Adv. Tavakuli files reply along with documents.
Mr. Sharad Barke, JE - C Ward is present.
Heard, respective advocates on  NM No. 584/2018.
Adjd. for orders on NM to 17.02.2018
Next Purpose: NM  ORDERS
Next Hearing Date: 17-02-2018

Date: 17-02-2018
Business: Resumed.
The court is busy in recording evidence in Sessions Case no. 716/2017  and 971/2010.
Adjd. for NM orders to 20.02.2018
Next Purpose: NM  ORDERS
Next Hearing Date: 20-02-2018

Date: 20-02-2018
Business: Resumed.
None for plaintiff.  Adv. Dhumale for BMC is present.
FRSR the following order is passed on NM No. 584/2018 -
ORDER
1.  Notice of Motion No. 584/2018 is dismissed.
2.  Parties to bear their respective costs.
Adjd. for written statement to 15.03.2018.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 15-03-2018

Date: 15-03-2018
Business: Resumed.
None for plaintiff. Adv. Dhumale seeks time to file w.s. Time is Granted.
Adjd. for written statement to  24.04.2018
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 24-04-2018

Date: 24-04-2018
Business: Resumed.
Plaintiff  and advocate are absent. Adv. Dhumale for defendant is present.
Adv. Dhumale seeks time to file w.s.  Granted as last chance.
Adjd for written statement to 21.06.2018.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 21-06-2018

Date: 21-06-2018
Business: Resumed.
The P.O. is busy in Judgment in Suit No. 3199/2013.
Adjd for written statement to 17.07.2018.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 17-07-2018

Date: 17-07-2018
Business: Resumed.
The P.O. is busy in recording evidence in Sessions Case no. 421/2016 and order on NM No. 1768/2016 in Suit No. 1537/2016 and orders on Ch/s No. 667/2018 in Suit no. 1292/2011, Ch//s No. 668/2018 in Suit No. 1293/2011, Ch/s No. 669/2018 in Suit No. 1285/2011.
Adj for written statement to 02.08.2018.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 02-08-2018

Date: 02-08-2018
Business: Resumed.
None for plaintiff.  Adv. Dhumale for MCGM is present.
Though w.s. Exh. 6 was filed on 24.04.2018, the matter was incorrectly kept for w.s.
Adjd for issues to 04.10.2018.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 04-10-2018

Date: 04-10-2018
Business: Resumed.
None for plaintiff.
Exh. 7 - Issues are framed.
Adjd for witness list and evidence of plaintiff to 15.11.2018.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-11-2018

Date: 15-11-2018
Business: Resumed.
None for plaintiff.  Adv. Dhumale for MCGM is present.
Adjd for evidence of plaintiff to 18.12.2018.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-12-2018

Date: 18-12-2018
Business: Resumed.
The P.O. is on leave.
Adjd for Recording evidence to 21.02.2019
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-02-2019

Date: 21-02-2019
Business: Plaintiff and his advocate absent.
Adv. Dhumale for defendant no. /MCGM present.
Matter adjd. to 4.4.19 for Steps/Order.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 04-04-2019

Date: 04-04-2019
Business: None present for plaintiff.
Adv.Shri Dhumale for defendant/MCGM present.
KB
LO
Adv.Shri Dhumale for defendant/MCGM present.
Plaintiff absent. Steps not taken to prosecute the suit. The suit stand dismissed for want of prosecution.
Nature Of Disposal: DISMISSED
Disposal Date: 04-04-2019

Additional Case Details

Filing Number: 102041/2018
Filing Date: 05-02-2018
First Hearing Date: 04th April 2018
Decision Date: 04th April 2019
Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE

Orders

Final Order 1

04 Apr 2019

Order Details: Other
Pdf Text: IN THE COURT OF :COURT 5 ADDL SESSIONS JUDGE
Case No. :SUIT/0100359/2018
Amruteshwar CHS Ltd Vs MCGM
Date : 04-04-2019
Business : None present for plaintiff. Adv.Shri Dhumale for defendant/
MCGM present. KB LO Adv.Shri Dhumale for defendant/
MCGM present. Plaintiff absent. Steps not taken to
prosecute the suit. The suit stand dismissed for want of
prosecution.
Nature of Disposal : DISMISSED
Disposal Date : 04-04-2019
COURT 5 ADDL SESSIONS JUDGE
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Order 1