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SUIT - SHORT CAUSE CIVIL SUIT

Bali Balbir Singh Inder SinghVsMCGM +1 more

CNR MHCC0100217220185-COURT 05 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 28th September 2022

TrustJury record updated 09 Sept 2026

Case Overview

Registration Number
100420/2018
Registration Date
12 Feb 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    2
    Bombay Tenancy and Agricultural Land (Vidarbha Region and Kutch Area) Act · Sec 9
    Terrorist and Disruptive and Activities (Prevention) Act · Sec 351 · 527

    Case History / Proceedings

    Case History
    Date: 16-02-2018
    Business: Resumed.
    The P.O. is on leave.
    Adjd. for NM hearing to 21.02.2018.
    Next Purpose: REPLY
    Next Hearing Date: 21-02-2018
    
    Date: 21-02-2018
    Business: Resumed.
    Adv. Shukla for plaintiff, Adv. Ms. Patil for BMC  are present.
    Adv. Shukla submits   that the toilet blocks are already constructed by the BMC.  According to him there are two accesses to approach the toilet blocks one from north side and another from east side.  Adv. Shukla submits that the access way from north side should not be allowed to be used which passes near the window of kitchen of the plaintiff and the plaintiff would face nuisance of foul smell etc.  On the other hand Adv. Patil submits that the construction work is already completed and since beginning two accesses are available and that there are other toilet blocks near the window of kitchen.   Considering both the submissions the BMC is directed to file its reply alongwith photographs of the side depicting both the accesses and position of the window, so that necessary directions will be issued in the matter.  Adv. Shukla undertakes to submits register NM on next date.
    Adjd. for reply and hearing of NM
    Next Purpose: REPLY
    Next Hearing Date: 05-03-2018
    
    Date: 05-03-2018
    Business: Resumed.
    Plaintiff, Adv. Ajay Mishra for plaintiff and Adv. Patil for BMC are present.
    Adv. Ajay Mishra files registered NM  No. 724/2018 with affidavit and service affidavit.  Adv. Patil seeks time to file reply.  Granted as last chance.
    Adjd. for reply and hearing of  NM  to 19.03.2018.
    Next Purpose: REPLY
    Next Hearing Date: 19-03-2018
    
    Date: 19-03-2018
    Business: Resumed.
    The P.O. is busy in order on NM No. 1811/2017 in Suit No. 1084/2017 and NM No. 2927/2017 in Suit 945/2011 and also on NM Nos. 2262/2016 in Suit No. 72/2007.  For want of time the board is discharged.  Earlier order if any to continue till the next date.
    Adjd. for NM reply to 26.03.2018
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 26-03-2018
    
    Date: 26-03-2018
    Business: Resumed.
    Adv. B. P. Shukla for plaintiff, Adv. Patil for BMC are present.
    Adv. Patil seeks time to file reply.  Time is Granted.
    Adjd. for NM reply to 28.03.2018.
    Next Purpose: REPLY
    Next Hearing Date: 28-03-2018
    
    Date: 28-03-2018
    Business: Resumed.
    Adv. Patil for BMC filed reply.
    The P.O. is busy in hearing of NM No. 1259/2018 in L. C Suit No. 655/2018 and Judgment in Sessions Case No. 36/2016.  For want of time the board is discharged.  Earlier order if any to continue till the next date.
    Adjd. for NM arguments to 09.04.2018.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 11-04-2018
    
    Date: 11-04-2018
    Business: Resumed.
    Adv. Patil for BMC is present.
    Earlier on 09.04.2018 the suit was adjourned today however as the board was discharged on 09.04.2018, according to the Sheristedar the plaintiff was informed the next date 04.05.2018.
    Accordingly the matter is adjourned to 04.05.2018.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 04-05-2018
    
    Date: 04-05-2018
    Business: Resumed.
    The P.O. is busy in recording evidence in Sessions Case No. 2/2018 and arguments/order on ad-interim reliefs in Suit No. 1117/2018, 1239/2018, 1139/2018 and 1234/2018.  For want of time the board is discharged.
    Adjd. for NM arguments to 18.07.2018.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 18-07-2018
    
    Date: 18-07-2018
    Business: Adv. B.P. Shukla for plaintiff is present.
    The P.O. is busy in recording evidence in suit no. 2511/2011 and hearing of ad-interim in suit no. 1727/2018 and Orders on NM No. 1891/2011  in Suit no. 1746/2011.  For want of time the board is discharged.
    Earlier order if any to continue till the next date.
    Adjd for  NM arguments to 27.08.2018.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 27-08-2018
    
    Date: 27-08-2018
    Business: Resumed.
    None for plaintiff.  Adv. Ms. Patil h/f Adv. Pradip Patil for MCGM is present.
    Adjd for arguments on NM to 12.10.2018.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 12-10-2018
    
    Date: 12-10-2018
    Business: Resumed.
    The P.O. is busy in hearing in ad-interim in Suit No. 2533/2018 and Suit No. 2699/2018 and Order on NM in Suit No. 2543/2018.  For want of time the board is discharged.
    Adjd for NM arguments to 30.11.2018.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 30-11-2018
    
    Date: 30-11-2018
    Business: Resumed.
    Adv. J. S. Yadav for plaintiff is present.
    Adv. Ms. Patil seeks time on the ground that Adv. Pradip Patil for MCGM is on leave.
    Adjd for NM arguments to 25.01.2019.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 25-01-2019
    
    Date: 25-01-2019
    Business: Resumed.
    None for plaintiff.  Adv. Pradip Patil for MCGM is present.
    Adjd for NM arguments/ dismissal orders to 18.03.2019.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 18-03-2019
    
    Date: 18-03-2019
    Business: None present for plaintiff.
    Adv.Mr.Patil for defendant/MCGM present.
    NM No.724/18 is pending for hearing.
    None present from plaintiff. The motion was kept for argument/dismissal order. The notice of motion No.724/2018 is dismissed for want of prosecution.
    Matter adjd to 12.06.2019 for WS.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 12-06-2019
    
    Date: 18-03-2019
    Business: None present for plaintiff.
    Adv.Mr.Patil for defendant/MCGM present.
    NM No.724/18 is pending for hearing.
    None present from plaintiff. The motion was kept for argument/dismissal order. The notice of motion No.724/2018 is dismissed for want of prosecution.
    Matter adjd to 12.06.2019 for WS.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 12-06-2019
    
    Date: 18-03-2019
    
    Date: 12-06-2019
    Business: Plaintiff and adv. absent.
    Adv. Mrs. Tondalwalkar for defendant/MCGM  present.
    Matter is adjd to 01.07.2019 for W/S.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 01-07-2019
    
    Date: 01-07-2019
    Business: Plaintiff and his Adv.absent.
    Adv.Smt.Smita Tondwalkar for defendant/MCGM present.
    Matter adjd to 14.08.2019 for WS.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 14-08-2019
    
    Date: 14-08-2019
    Business: Matter adjd to 14.10.2019 for WS.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 14-10-2019
    
    Date: 14-10-2019
    Business: Plaintiff absent and Adv. Mr. Yadav present.
    Adv. Mr. Patil  for defendant/MCGM present.
    Plaint.
    Vakalatnama of Plaintiff.
    Memorandum of address.
    List of documents.
    Vakalatnama of defendant .
    N/M reply be treated as Written Statement.
    Order on Exh.06- Perused the contention of defendant corporation and say filed by the plaintiff.  In the interest of justice defendant accused to adopt say on W.S.
    Matter adjd to 30/11/2019 for framing issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 30-10-2019
    
    Date: 30-10-2019
    Business: Wrongly shown on today\''s board.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 30-11-2019
    
    Date: 30-11-2019
    Business: Plaintiff and Adv. Absent.
    Adv. Mrs.Dhuri/Rawade  for defendant/MCGM present.
    Matter adjd to 04/01/2020 for framing issue.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 04-01-2020
    
    Date: 04-01-2020
    Business: As Court is on leave.
    Matter is adjd to 25/02/2020 for framing issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 25-02-2020
    
    Date: 25-02-2020
    Business: Plaintiff and advocate absent.
    Adv. Mrs. Rawade for MCGM/deft present
    Matter is adjd to 15/06/2020 for framing issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 15-06-2020
    
    Date: 15-06-2020
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 06-07-2020
    
    Date: 06-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 06-08-2020
    
    Date: 06-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 15-09-2020
    
    Date: 15-09-2020
    Business: Adv for plaintiff absent.
    Adv Nandanwar for MCGM/defendant present.
    Exh. 7 - Issues framed.
    Matter adjourned for list of witnesses to 12/11/20.
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 12-11-2020
    
    Date: 15-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 12-11-2020
    
    Date: 12-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 19-12-2020
    
    Date: 19-12-2020
    Business: As court is on leave, hence matter is adjd to.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 13-01-2021
    
    Date: 13-01-2021
    Business: None present for plaintiff.
    Adv Nandanwar present for MCGM/defendant.
    Matter adjourned for RE to 15.02.2021.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 15-02-2021
    
    Date: 15-02-2021
    Business: None present for plaintiff.
    Adv Nandanwar present for MCGM/defendant.
    PW absent.
    Matter adjourned for evidence of plaintiff to 26.04.2021.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 26-04-2021
    
    Date: 26-04-2021
    Business: Due to covid-19 matter adjd. to
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 09-07-2021
    
    Date: 09-07-2021
    Business: In view of Office Circular/Order 106/2021 Dt. 14-06-2021 , only urgent matters are taken, hence the remaining board is discharged hence matter is adjd. to
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 13-08-2021
    
    Date: 13-08-2021
    Business: As court is busy in hearing arguments of NM NO. 3690/2018 in Suit no. 2209/2018, hence remaining board is discharged. hence matter is adjd. to.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 20-10-2021
    
    Date: 20-10-2021
    Business: As court is busy in hearing arguments and order in Suit st. No. 4193/2021 on ad-interim and Exh. 11 in suit no. 315/2011, Hence remaining morning session board is discharged and matter is adjd. to. 15/12/21.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 15-12-2021
    
    Date: 15-12-2021
    Business: None present for plaintiff.
    Adv. Soraan @ Adv. Diwate present for MCGM/defendant.
    it appears that, since long plaintiff has not adduced his evidence.
    Matter adjourned for RE/order to. 11/02/22
    Next Purpose: ORDER
    Next Hearing Date: 11-02-2022
    
    Date: 11-02-2022
    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 adjourned to
    Next Purpose: ORDER
    Next Hearing Date: 25-03-2022
    
    Date: 25-03-2022
    Business: As presiding officer is on leave. Hence, matter is adjourned to
    Next Purpose: ORDER
    Next Hearing Date: 13-04-2022
    
    Date: 13-04-2022
    Business: The court is busy in hearing  High Court time bound matters i.e. Suit No.1923/19, Suit No.775/2022, Suit No.419/2022 hence, for want of time board discharged.
    Matter is adjd for order on 17-06-2022
    Next Purpose: ORDER
    Next Hearing Date: 17-06-2022
    
    Date: 17-06-2022
    Business: As presiding officer is on leave. Hence, matter is adjourned to
    Next Purpose: ORDER
    Next Hearing Date: 18-07-2022
    
    Date: 18-07-2022
    Business: None for Plaintiff.
    Adv. Mr. Diwate for MCGM/ defendant  present.
    Plaintiff is absent. Matter be posted for dismissal on next date.
    Matter is adjd for dismissal on 24-08-2022
    Next Purpose: DISMISSAL
    Next Hearing Date: 24-08-2022
    
    Date: 24-08-2022
    Business: Court is busy in hearing in urgent matters i.e. Suit No. 3558/2013 and Suit No. 3560/2013 and Judgment dictating in SC No. 297/2019 and Order dictating in Suit No. 5057/12,5058/12,5058/12,1193/19 St. No. 9271/22 and St No. 9271/22. Hence want of time board is discharged.
    Next Purpose: DISMISSAL
    Next Hearing Date: 28-09-2022
    
    Date: 28-09-2022
    Business: None for Plaintiff.
    Adv. Mr. Diwate for MCGM/ defendant  present.
    FRSR the following order is passed on L.C. Suit No. 420 of 2018.
    ORDER
    1. L.C. Suit No.420 of 2018 stands dismissed in default.
    2. Proceedings is closed.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 28-09-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 102337/2018
    Filing Date: 12-02-2018
    First Hearing Date: 09th April 2018
    Decision Date: 28th September 2022
    Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    28 Sept 2022

    Order Details: Order below exhibit Pdf Text: 1 Order below Ex.1 in L.C.S.No.420 of 2018 CNR:MHCC010021722018 IN THE BOMBAY CITY CIVIL C0URT AT BOMBAY ORDER BELOW EX.1 IN L.C.SUIT NO.420 0F 2018 Bali Balbir Singh Inder Singh .. Plaintiff V/s. 1 The Municipal Corporation for Greater Mumbai & Anr. .. Defendants Appearance: None for plaintiff. Adv. Diwate for MCGM/defendant. CORAM : HER HONOUR ADHOC JUDGE SMT. A.H. KASHIKAR CITY CIVIL COURT, GR. BOMBAY (C.R. NO.05). DATE : 28/09/2022 ORDER 1…

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    Order 1Full order available
    28 Sept 2022

    Order Details: Order below exhibit Pdf Text: 1 Order below Ex.1 in L.C.S.No.420 of 2018 CNR:MHCC010021722018 IN THE BOMBAY CITY CIVIL C0URT AT BOMBAY ORDER BELOW EX.1 IN L.C.SUIT NO.420 0F 2018 Bali Balbir Singh Inder Singh .. Plaintiff V/s. 1 The Municipal Corporation for Greater Mumbai & Anr. .. Defendants Appearance: None for plaintiff. Adv. Diwate for MCGM/defendant. CORAM : HER HONOUR ADHOC JUDGE SMT. A.H. KASHIKAR CITY CIVIL COURT, GR. BOMBAY (C.R. NO.05). DATE : 28/09/2022 ORDER 1…

    Read Full Order

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