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SUIT - SHORT CAUSE CIVIL SUIT

Islam GymkhanaVsThe commissioner +1 more

CNR MHCC0100217920185-COURT 05 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHERWISE
Decision Date: 28th November 2019

TrustJury record updated 09 Sept 2026

Case Overview

Registration Number
100427/2018
Registration Date
13 Feb 2018

Advocates

1

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    Terrorist and Disruptive and Activities (Prevention) Act · Sec 351 · 354 · 354A · 527

    Case History / Proceedings

    Case History
    Date: 10-04-2018
    Business: Resumed.
    The P.O. is busy in order in NM No. 820/2012 in L.C. Suit No. 800/2012.
    Adjd. for directions to 21.04.2018
    Next Hearing Date: 21-04-2018
    
    Date: 21-04-2018
    Business: Resumed.
    Adv Naccha for Plaintff and Adv Dhumale for defendant are present.
    Kept back.
    As the P.O was busy in hearing NM for ad-interim  reliefs in various matters, it was directed to discharge the board and accordingly the Sheristedar adjourned the matter to 10.07.2018. Adv for the Plaintiff left the Court hall.
    L.O after  completion of hearing of N.M for ad-interim reliefs, Adv Vipin Kamdi a/w Adv Sagar Dusane i/b S. K. Legal for Intervenor  submitted that today the Chamber Summons no. 443/2018 has been kept for filing of reply  by the plaintiff. However, the reply is not tendered. According to him, the order for demolition of structure is already passed by the Collector and the defendant/corporation at the complaint of intervenor and therefore the Chamber Summons should be heard and decided expeditiously. In the circumstances, the matter is preponed to 26.04.2018. The intervenor inform the plaintiff by issuing notice about preponment of the date.
    Matter is  adjourned for rep
    Next Purpose: REPLY
    Next Hearing Date: 26-04-2018
    
    Date: 26-04-2018
    Business: Resumed.
    Today the P. O. is busy in Judgment in Sessions Case No. 22/2016 and Ad-interim orders in Suit No. 1141/2018 and 1157/2018.  Earlier order if any to continue till the next date.
    Adjd. for NM reply to 21.06.2018.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 21-06-2018
    
    Date: 21-06-2018
    Business: Resumed.
    Adv. Nechan for plaintiff.  Adv. Sagar Dusane for applicant and Adv. Dhumale for MCGM are present.
    Adv. Dusane seeks time to go through the reply of Ch/s.  Time is granted.
    Adv. Nechan filed reply to Ch/s.  O - R and R.
    Adjd for arguments on Ch/s to 17.07.2018.
    Next Purpose: C/S ARGUMENTS
    Next Hearing Date: 17-07-2018
    
    Date: 17-07-2018
    Business: Resumed.
    Adv. Nachan for plaintiff, Adv. Shravani Dalvi for applicant and Adv. Dhumale for MCGM are present.
    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.
    Adjd for Ch/s arguments to 04.08.2018 at 11.00 a.m.
    Next Purpose: C/S ARGUMENTS
    Next Hearing Date: 04-08-2018
    
    Date: 04-08-2018
    Business: Resumed.
    Adv. Nathan for plaintiff and Adv. Dhumale for MCGM and Adv. Bipin Kambdi for intervenor.
    The P.O. is busy in dictating judgment in Suit no.
    Adjd for Ch/s arguments to 07.08.2018.
    Next Purpose: C/S ARGUMENTS
    Next Hearing Date: 07-08-2018
    
    Date: 07-08-2018
    Business: Resumed.
    The P.O. is on leave.
    Adjd for Chs/s arguments to 01.09.2018.
    Next Purpose: C/S ARGUMENTS
    Next Hearing Date: 01-09-2018
    
    Date: 01-09-2018
    Business: Resumed.
    The P.O. is busy in recording evidence in Sessions Case No. 231/2018 and 329/2018.  For want of time the board is discharge.
    Adjd for Ch/s arguments to 11.10.2018.
    Next Purpose: C/S ARGUMENTS
    Next Hearing Date: 11-10-2018
    
    Date: 11-10-2018
    Business: Resumed.
    The P.O. is on leave.
    Adjd for Ch/s arguments to 16.10.2018.
    Next Purpose: C/S ARGUMENTS
    Next Hearing Date: 16-10-2018
    
    Date: 16-10-2018
    Business: Resumed.
    Adv. for plaintiff is present.  Mr. Suraj Khode, JE, C ward for MCGM is present.
    Adv. Dhumale for MCGM is absent.
    Adjd for Ch/s arguments to 30.10.2018.
    Next Purpose: C/S ARGUMENTS
    Next Hearing Date: 30-10-2018
    
    Date: 30-10-2018
    Business: Resumed.
    Adv. Dhumale for MCGM filed affidavit in reply.
    The P.O. is busy in passing judgment in Suit No. 577/2012 and recording evidence in sessions case no. 260/2017 and hearing ad-interim in Suit No. 1250/2009, 2811/2018 and 2830/2018.
    For want of time the board is discharged.
    Adjd for Ch/s arguments to 13.11.2018.
    Next Purpose: C/S ARGUMENTS
    Next Hearing Date: 13-11-2018
    
    Date: 13-11-2018
    Business: Resumed.
    Adv. Parth Zaveri for plaintiff, Adv. Ms. Padmini Ainapure for applicant and Adv. Dhumale for MCGM are present.
    Adv. Ainapure and Adv. Zaveri seeks time to argue the Ch/s No. 443/2018.  The Ch/s is pending for arguments since July 2018.   Granted as last chance with a direction if the applicant fails to argue the Ch/s necessary orders will be passed.
    Adjd for arguments on Ch/s or dismissal orders to 29.11.2018.
    Next Purpose: C/S ARGUMENTS
    Next Hearing Date: 29-11-2018
    
    Date: 29-11-2018
    Business: Resumed.
    Adv. Parth Zaveri with Adv. Nachan for plaintiff and Adv. Yuvraj Narvankar for applicant and Adv. Dhumale for MCGM are present.
    Heard. Adv. Narvankar and Adv. Nachan for plaintiff and Adv. Dhumale MCGM on Ch/s no. 443/2018.
    FRSR the following order is passed on Ch/s no. 443/2018.
    ORDER
    1.  Chamber summon no. 443/2018 is dismissed.
    2.  Parties to bear their own costs of the Ch/s.
    3.  Certified copy is expedited.
    Adjd for NM arguments to 18.12.2018.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 18-12-2018
    
    Date: 18-12-2018
    Business: Resumed.
    The P.O. is on leave.
    Adjd for NM argument to 10.01.2019
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 10-01-2019
    
    Date: 10-01-2019
    Business: P.O. is on leave
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 31-01-2019
    
    Date: 31-01-2019
    Business: Resumed.
    Adv. Parth Zaveri with Adv. Indira Bhushan for plaintiff and Adv. Dhruvi Kapadia    with Adv. Dhumale for MCGM are present.
    Heard, Adv. Kapadia on NM no. 635/2018.
    Adv. Bhushan seeks time to argue the NM.  Time is granted.
    Adjd for NM arguments to 01.02.2019.
    Next Purpose: NM  ARGUMENTS P.H.
    Next Hearing Date: 01-02-2019
    
    Date: 01-02-2019
    Business: Resumed.
    Adv. P.D. Gandhi for plaintiff and Adv. Dhumale with Adv. Dhruvi Kapadia for MCGM are present.
    Adv. Gandhi filed additional affidavit in reply. O- filed.
    Heard, Adv. Gandhi and Adv. Kapadia on NM No. 635/2018 at length.
    Adjd for NM orders to 16.02.2019.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 16-02-2019
    
    Date: 16-02-2019
    Business: Adv. Sharma for plaintiff present.
    Adv. Dhumale for defendant no. /MCGM present.
    Matter posed for fresh arguments.
    Earlier order if any to continue till the next date.
    Matter adjd. To 27.2.19 for Nm Arguments.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 27-02-2019
    
    Date: 27-02-2019
    Business: Adv.P. D. Gandhi for plaintiff present.
    Adv. Dhruvi Kapadiya with Adv. Dhumale for defendant no. /MCGM present.
    As court busy in dictating judgment in Suit no. 1330 of 2012. Hence board is discharged.
    Earlier order if any to continue till the next date.
    Matter adjd. to 6.3.19 for NM Arguments.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 06-03-2019
    
    Date: 06-03-2019
    Business: Adv. Indira Bhushan for plaintiff present.
    Adv. Mr. Patil with Adv. Shruti Kapadiya for defendant no. /MCGM present.
    As court busy in dictating judgment in Suit no. 1676 of 2009. Hence board is discharged.
    Matter adjd. to 8.3.19 for NM Arguments.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 08-03-2019
    
    Date: 08-03-2019
    Business: Adv. P. D. Gandhi for plaintiff present.
    Adv. Dhruti Kapadiya for defendant no. /MCGM present.
    Heard arguments of both sides.
    Earlier order if any to continue till the next date
    Matter adjd. to 30.3.18 for Order on Nm no. 635 of 2018
    Next Purpose: NM  ORDERS
    Next Hearing Date: 30-03-2019
    
    Date: 30-03-2019
    Business: Adv.Mr.Parth Javeri for plaintiff present.
    Adv.Shri Dhumale for defendant/MCGM present.
    As Court is busy in hearing in sessions case and also ad-interim, hence, matter adjourned.
    Earlier order if any to continue till the next date.
    Matter adjd to 09.04.2019 for NM Order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 09-04-2019
    
    Date: 30-03-2019
    Business: Adv.Mr.Parth Javeri for plaintiff present.
    Adv.Shri Dhumale for defendant/MCGM present.
    As Court is busy in hearing in sessions case and also ad-interim, hence, matter adjourned.
    Earlier order if any to continue till the next date.
    Matter adjd to 09.04.2019 for NM Order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 09-04-2019
    
    Date: 09-04-2019
    Business: None for plaintiff.
    Adv.Shri Dhumale for defendant/MCGM present.
    Earlier order if any to continue till the next date.
    (As Court is busy in dictating judgment/orders in other matters, hence, adjourned.)
    Matter adjd to 16.04.2019 for NM Order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 16-04-2019
    
    Date: 16-04-2019
    Business: Adv. for plaintiff present.
    Adv.Dhruti Kapadiya a/w. Adv.Shri Dhumale for defendant/MCGM present.
    As Court is busy in dictating NM order and judgment hence board discharged.
    Matter adjd to  20.04.2019 for NM Order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 20-04-2019
    
    Date: 20-04-2019
    Business: None for plaintiff present.
    Adv.Shri Dhumale for defendant/MCGM present.
    Regular Steno is absent.
    Matter adjd to 23.04.19 for NM Order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 23-04-2019
    
    Date: 23-04-2019
    Business: Adv.Parth Javeri for plaintiff present.
    Adv.Dhruti Kapadiya a/w. Adv.Shri Dhumale for defendant/MCGM present.
    F.R.S.R. the following order is passed
                       ORDER
    The Notice of Motion No.635/2018 is dismissed.
    Adv.of plff filed application for extension of status-quo t.o.r.
    O-Defendant to say.
    Say given by adv.of deft. on the backside of same application.
    Order-The status quo was granted in the present notice of motion. The notice of motion is dismissed. The status quo already granted is extended till 3rd May 2019 enabling the plaintiff to challenging the order passed today in notice of motion.
    Matter adjd to 13.06.2019 for WS.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 03-05-2019
    
    Date: 03-05-2019
    Business: BY PRECIPEE
    Adv.Indira Bhushan for plaintiff present and filed application for matter taken on today\''s board. O-Allowed.
    Adv.Mr.Pradeep Patil for defendant/MCGM present.
    Exh.1-Plaint
    Exh.2-Vakalatnama. O-Seen and filed.
    Exh.3-Address Memo. O-R and R.
    Exh.4-List of documents. O-Seen and filed.
    Exh.5 - Affidavit in support of plaint.
    Exh.6 - Application filed by Adv.of Plaintiff for extension of stay t.o.r. O-Otherside to say.
    Say given by Adv.of deft. on the backside of same application. Order-The interim protection granted extended till 10th May 2019.
    Matter adjd to 13.06.2019 for WS.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 13-06-2019
    
    Date: 13-06-2019
    Business: Plaintiff and his Adv.absent.
    Adv.Mrs.Tondulkar for defendant/MCGM present.
    Adv.of  defendant/MCGM requested time to file WS. Last chance granted.
    Matter adjd to 04.07.2019 for WS.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 04-07-2019
    
    Date: 04-07-2019
    Business: Plaintiff and his Adv.absent.
    Adv.Smt. Rawade for defendant/MCGM present.
    Matter adjd to 01.08.2019 for WS.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 01-08-2019
    
    Date: 01-08-2019
    Business: Adv.Parth Zaveri for plaintiff present.
    Adv.Smt.Rawade for defendant/MCGM present.
    Ld.Adv.for corporation seeks time for filing written statement.
    Matter adjd to 19.09.2019 for WS.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 19-09-2019
    
    Date: 19-09-2019
    Business: Plaintiff and Adv. Absent.
    Adv. Mrs. Dhuri  for defendant/MCGM present and filed Written Statement t.o.r. Order-Filed.
    Adv. Mrs. Dhuri also filed list of documents t.o.r. and marked as Exh.  Order- Filed.
    Matter adjd to 17/10/2019 for framing issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 17-10-2019
    
    Date: 17-10-2019
    Business: Plaintiff absent.
    Adv. Mrs. Meena Dhuri for defendant / MCGM present.
    K.B.
    L.O. at 3.25 p.m.
    None for plaintiff present.
    Adv. Dhruti Kapadia defendants present.
    Matter is adjd to 14.11.2019 for framing issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 14-11-2019
    
    Date: 14-11-2019
    Business: Plaintiff and Adv. Absent.
    Adv. Mrs. Dhuri for defendant/MCGM present.
    Matter adjd to  23/11/2019 for framing issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 23-11-2019
    
    Date: 23-11-2019
    Business: plaitiff and his adv absent
    Adv for defendant absent.
    Matter adjd to 18/01/2020 for issues .
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 28-11-2019
    
    Date: 28-11-2019
    Business: N. O. B. T. O. B.
    Received writ from Hon\''ble High Court bearing Appeal from
    Order No. 1029 of 2019 and inward no. 12410 dtd. 25/11/19
    Original copy of the writ is send back to the concerned dept.
    and the copy of writ is kept in proceeding.
    Order- Concerned to Comply .
                                         O R D E R
    In view of the order passed in Hon\''ble High Court,
    permitting the plaintiff to withdraw the suit .
    Hence, the suit is withdrawn.
    Nature Of Disposal: OTHERWISE
    Disposal Date: 28-11-2019

    Additional Case Details

    Additional Case Details
    Filing Number: 102328/2018
    Filing Date: 12-02-2018
    First Hearing Date: 10th April 2018
    Decision Date: 28th November 2019
    Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1
    28 Nov 2019
    Order Details: Other
    Pdf Text: IN THE COURT OF :COURT 5 ADDL SESSIONS JUDGE
    Case No. :SUIT/0100427/2018
    Islam Gymkhana Vs 1.The Commissioner 2.Assistant Enginner B and F C Ward
    Date : 28-11-2019
    Business : N. O. B. T. O. B. Received writ from Hon’ble High Court
    bearing Appeal from Order No. 1029 of 2019 and inward
    no. 12410 dtd. 25/11/19 Original copy of the writ is send
    back to the concerned dept. and the copy of writ is kept in
    proceeding. Order- Concerned to Comply . O R D E R In
    view of the order passed in Hon’ble High Court, permitting
    the plaintiff to withdraw the suit . Hence, the suit is
    withdrawn.
    Nature of Disposal : OTHERWISE
    Disposal Date : 28-11-2019
    -- 1 of 1 --
    Order 1
    28 Nov 2019
    Order Details: Other
    Pdf Text: IN THE COURT OF :COURT 5 ADDL SESSIONS JUDGE
    Case No. :SUIT/0100427/2018
    Islam Gymkhana Vs 1.The Commissioner 2.Assistant Enginner B and F C Ward
    Date : 28-11-2019
    Business : N. O. B. T. O. B. Received writ from Hon’ble High Court
    bearing Appeal from Order No. 1029 of 2019 and inward
    no. 12410 dtd. 25/11/19 Original copy of the writ is send
    back to the concerned dept. and the copy of writ is kept in
    proceeding. Order- Concerned to Comply . O R D E R In
    view of the order passed in Hon’ble High Court, permitting
    the plaintiff to withdraw the suit . Hence, the suit is
    withdrawn.
    Nature of Disposal : OTHERWISE
    Disposal Date : 28-11-2019
    -- 1 of 1 --

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