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SUIT - SHORT CAUSE CIVIL SUIT

Mr. Pratap Arjunsing Rajput +1 moreVsMr. Chandu Jagan Tudawe +2 more

CNR MHCC0100220520184-COURT 04 AD-HOC JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 22nd August 2022

TrustJury record updated 09 Sept 2026

Case Overview

Registration Number
100423/2018
Registration Date
13 Feb 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    5

    Acts & Sections

    1
    Hindu Marriage Act · Sec 34 · 37

    Case History / Proceedings

    Case History
    Date: 14-02-2018
    Business: By Precipee
    Adv Mr.Harish Pawar for Plff.present.
    He filed draft N/m along with affidavit t.o.r. Leave granted to register N/m.  Returnable on next date.
    Adv. Mr. Kumawat/ Adv.Mr.Giri for deft./BMC present.
    Adv.Mr.Vaity for deft.no.1 present.
    It is submitted that deft.no.1 has undergone eye operation and adv,for deft.no.1 has made statement at Bar that pressently deft.no.1 is not carrying out any construction in the suit premises.
    Adjd.for N/m reply on 17.02.2018.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-02-2018
    
    Date: 17-02-2018
    Business: HHJ is Nominated as trainer for training on mediation hence today Board is discharged.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 01-03-2018
    
    Date: 01-03-2018
    Business: By precipe.
    Matter pertains to C.R. No.
    Advocate Mr. Mahatogade for plaintiff present.
    Advocate Mr. Giri for deft./BMC present.
    Advocate Mr. Vaidi for defendant no.1 present.
    Date is preponded to 12.03.2018 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-03-2018
    
    Date: 12-03-2018
    Business: Matter pertains to C.R.No.08.
    Advocate for plaintiff present.
    Advocate Mr. Vaiti for defendant no.1 present and filed Vakalatnama at Exh.2. He also tendered reply to NM No.624/18 and W.S. at Exh.3.
    Advocate Mr. Giri for deft. nos.2 and 3/BMC present.
    Adjourned for NM hearing to 20.03.2018.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-03-2018
    
    Date: 20-03-2018
    Business: Plff.and Adv.Mr.Harish Pawar for Plff.present.
    Adv.Mrs.Tadavi for BMC/Deft. no.2 present.
    Deft.no.1 and Adv.Mr.Vaity for deft.no.1 present.
    Adv.for deft.no.1 tendered draft N/m along with affidavit t.o.r  Leave granted to register N/m. Returnable on next date.
    Adv.for Plff.filed rejoinder to N/m No.624/18 t.o.r.
    He also tendered original registered N/m No.624/18.
    Adv.for Plff.filed photographs t.o.r.and marked at Art.A1 to A9.
    The concerned officer is directed to inspect the premises and submit the report on next date.  The plff and deft.no.1 have consented for referring the matter for mediation.  Considering the nature of the dispute, as the plff and deft.no.1 are ready to explore the possibility of settlement through ADR process, this matter is referred for mediation as per the Section 89 of CPC.  Parties to attend the District Mediation Center on 26.03.2018 at 11.00 am.
    Adjd.for mediation report and Inspection report of the MCGM on 09.04.2018.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 09-04-2018
    
    Date: 09-04-2018
    Business: None for plff.
    Adv.Mr.Giri for BMC/Defts.no.2 and 3 present.
    None for deft.no.1.
    Adjd.for Mediation report on 04.06.2018
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 04-06-2018
    
    Date: 04-06-2018
    Business: Adv. Ms. Charushila Gorad  for plaintiff present.
    Defendant no. 1 absent.
    Adv. Mr. Giri for BMC/defendant no. 2 and 3 present.
    Mediation report  received from Judge Mediator. t.o.r. It is marked as Exh. 4.
    Mediation failed.
    KB at 2.45 p.m. for N/M hearing.
    L.O.
    Adv. Mr. Harish Pawar for plaintiff present.
    Adv. Mr. Gajendra Waity for defendant no. 1 present.
    Advocate of defendant no. 1 to register the draft N/M.
    Adjd to 13.6.2018 for N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 13-06-2018
    
    Date: 13-06-2018
    Business: Adv. Mr. Yogesh Pavaskar h/.f adv. Mr. Ajit for plaintiff present.
    Adv. Mr. Vaiti for defendant no. 1 present.
    He tendered registered N/M no. 2124/18.
    Adv. Mr. Giri for BMC/ defendant no. 2 and 3 present. He filed inspection report. Copy served to other side. Adjd to 2.7.2018 for reply
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 02-07-2018
    
    Date: 02-07-2018
    Business: Adv. Mrs. Charushila for plff present.
    Adv. Mr. Vaity for defendant no.1  present.
    Adv. Mr. Giri for defendant no.2 / BMC present.
    Adjd. to 18.07.2018 for N/m reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 18-07-2018
    
    Date: 18-07-2018
    Business: Adv. Mr. Hardik Pawar for Plaintiff present.
    Adv. Mr. Giri for defendant no.2 and 3 / BMC present.
    None for deft.no.1.
    Adv. for plff tendered for reply to N/m No. 2124/18.  He also filed objection to the inspection report dtd. 08.06.2018.
    Adjd. to 01.08.2018 for N/m argument.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 01-08-2018
    
    Date: 01-08-2018
    Business: Adv. Mr. Harish Pawar for Plaintiff present.
    Adv. Mr. Gajendra Vaity for defendant no.1 present and filed reply to N/m and affidavit in rejoinder to N/m No.2124/18.
    Adv. Mr. Giri for defendant no.2 and 3/ BMC present.
    Adjd. to 27.08.2018 for N/m hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-08-2018
    
    Date: 27-08-2018
    Business: Adv. Rohan for plaintiff present.
    Adv. Mrs. Bhoir for defendant no. / BMC present.
    On oral request of Adv. for Plaintiff , adjournment granted.
    Matter adjd. to 26.09.18 for NM Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-09-2018
    
    Date: 26-09-2018
    Business: Adv. Harish Pawar for plaintiff present.
    Adv. Vaytti for deft. no. 1 present.
    Adv. Bhoir for defendant no. 2 and 3/ BMC present.
    On oral request of Adv. for Deft. no. 1, adjournment granted as a last chance.
    Matter adjd. to 10.10.18 for NM Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-10-2018
    
    Date: 10-10-2018
    Business: Adv. Harish Pawar for plaintiff present.
    Adv. Vattiy for deft. no 1 present.
    Adv. Bhoir for defendant no. 2 and 3  / BMC present.
    Matter adjd. to 28.11.18 for NM Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-11-2018
    
    Date: 28-11-2018
    Business: Adv. Mr. Harish Pawar for Plaintiff present.
    Adv. Mrs. Bhoir for Defendant No.2 and 3/BMC present.
    Defendant No.1 present. Adv. absent.
    On oral request of Defendant No.1, adjournment granted as last chance.
    Adjd. to 12.12.2018 for N/m hearing.
    L.O.
    Adv. Mr. Vaity for Defendant No.1 present.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-12-2018
    
    Date: 12-12-2018
    Business: Adv. Harish Pawar for plff present
    Adv. Vaity for deft. no. 1 present
    Adv. Bhoir for deft/BMC 2 and 3 present
    K.B.
    Later on,
    Adv. Harish Pawar for plff present
    Adv. Vaity for deft. no. 1 present
    Adv. Bhoir for deft/BMC 2 and 3 present
    Court busy in hearing N/M in suit no.1820/12, 1821/12, dictation of N/M orders and urgent matters. Hence, matter is adjourned.
    Adjd to 07/01/2019 for N/M hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-01-2019
    
    Date: 07-01-2019
    Business: As court is on leave today, hence Board is discharged.
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-02-2019
    
    Date: 18-02-2019
    Business: Adv Ms.Surbhi Gujar for plff present.
    None present for deft no.1
    Adv Mrs.Bhoir for BMC/defts. no.2 and 3 present
    Adjd to 3/04/2019 for NM hearing.
    Later on...
    Adv Gajendra Vaity for deft no.4 present.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-04-2019
    
    Date: 03-04-2019
    Business: Adv. Mr. Harish Pawar for Plff present.
    Deft No.1 present and his Adv. absent.
    Adv. Mrs. Bhoir for MCGM/defts No.2 and 3 present.
    KB - LO at 4.10 p.m.
    Adv. Harish Pawar for Plff present.
    Adv. Mr. Vaity for Deft No.1 present.
    Adv. Mrs. Bhoir for MCGM/defts No.2 and 3 present.
    As Court is busy in ad-interim hearing in Stamp No. 3931/19.
    Adjd to 24/4/2019 for N/M hearing at morning session.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-04-2019
    
    Date: 24-04-2019
    Business: None for Plff.
    Deft No.1 present and his Adv. absent.
    Adv. Mrs. Bhoir for MCGM/Deft No.2 and 3 present.
    KB - LO at 11.40 a.m.
    Adv. Mr. Harish Pawar for Plff present.
    Adv. Mr. Vaity for Deft No.1 present.
    Deft No.1 also present.
    Adv. Mrs. Bhoir for MCGM/Deft No.2 and 3 present.
    Heard arguments of both side on N/M No.2124/18 and 624/18.
    Adjd to 12/6/19 for order on N/M.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 12-06-2019
    
    Date: 12-06-2019
    Business: Adv. Ankush Mhatugad for Plaintiff present.
    Adv.  Khandagle for Defendant/BMC 2 and 3 present.
    Adv.  Vaity for Defendant No. 1 present.
    FRSR the following order is passed on NM No. 2124/18 and 624/18 -
    ORDER
    1.  The Notice of Motion No. 2124 of 2018 is dismissed.
    2.  The Notice of Motion No. 624 of 2018 is dismissed.
    Adjd. to 07.08.2019 for filing w.s. by def. MCGM.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 07-08-2019
    
    Date: 07-08-2019
    Business: Adv. Surbhi Gujar for plaintiff present.
    Adv. Khandagle for MCGM/Deft. 2 and 3 present.
    Def. no. 1 present, his advocate is absent.
    On oral request of ld. Adv. for def. no. 2 and 3., adjournment granted.
    Adjd to 07.10.2019 for written statement.
    L.o. at 11.45 a.m. Adv. Vaity for def. no. 1 present.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 07-10-2019
    
    Date: 07-10-2019
    Business: Adv. Surbhi Gujar for plaintiff present.
    Adv. Mr. S.C. Khandagale for Defts. no. 2 and 3/MCGM present.
    Adv. Gajendra Waity for deft. no. 1 present.
    On oral request of advocate for Defendant no.2 and 3, adjournment granted as last chance.
    Adjd to 13-01-2020  for WS of defts. no.2 and 3
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 13-01-2020
    
    Date: 13-01-2020
    Business: Adv. Surabhi  for plaintiff present.
    Adv. for Vaity for defendant No.1 present.
    Adv.Mrs.Patil h/f Adv.Khandagale for MCGM/Defendant present.
    Heard both side.
    Adv. Patil for MCGM requested for last chance to file W/S.
    Request rejected suit to proceed without W/S.
    Adjd to 03.02.2020 for evidence of plaintiff .
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 03-02-2020
    
    Date: 03-02-2020
    Business: Adv.Redekar   for plaintiff present.
    Adv.Vaity for defendant No.1 present.
    Adv. Khandagle for MCGM/Deft. No.2present.
    On oral request of advocate for plaintiff, adjournment granted as last chance.
    Adjd to 23.03.2020  for R/E of plaintiff .
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 23-03-2020
    
    Date: 23-03-2020
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 01-04-2020
    
    Date: 01-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 16-04-2020
    
    Date: 16-04-2020
    Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No.77 of 2020 matter adjourned.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 27-05-2020
    
    Date: 27-05-2020
    Business: In view of extension of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 12-06-2020
    
    Date: 12-06-2020
    Business: Adjd
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 29-09-2020
    
    Date: 29-09-2020
    Business: Adjourned due to Covid-19
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 24-11-2020
    
    Date: 24-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 28-01-2021
    
    Date: 28-01-2021
    Business: Adv. Ms. Surbhi Gujar h/f Adv. Harish Pawar for plaintiff present.
    None for deft no.1.
    Adv. Ms. Hajare h/f Adv. Khandagale for deft no.2 and 3/MCGM present.
    On perusal of record it appears that deft no.1 has already filed WS (Exh.3), hence matter is kept for draft Issues.
    Matter adjd to 23/03/2021 for Draft Issues.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 23-03-2021
    
    Date: 23-03-2021
    Business: Adv. Pawan Tiwari h/f Adv. Harish Pawar for plaintiff present.
    None for deft no.1.
    Adv. Ms. Smita Chavan h/f Adv. Khandagale for deft no.2 & 3/ MCGM present.
    Matter adjd to 16/06/2021 for Draft Issues.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 16-06-2021
    
    Date: 16-06-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 23-08-2021
    
    Date: 23-08-2021
    Business: HHJ is on leave
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 08-10-2021
    
    Date: 08-10-2021
    Business: Adv Pawan Tiwari h/f Adv Harish Pawar for plaintiff present and requests for time to file draft issues.
    Time is granted till next date.
    None for defendant no.1 .
    Adv. Mrs. Tondwalkar for Defendant nos.2 and 3/MCGM is present.
    Adjd. To 17/12/2021 for draft issues.
    L.O. at 11.50 p.m.
    Defendant no.1 present.
    Already adjd. To 17/12/2021 for draft issues.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 17-12-2021
    
    Date: 17-12-2021
    Business: None for plaintiff.
    Defendant no.1 present. His advocate absent.
    Adv. Mrs. Tondwalkar for Defendant nos.2 and 3/MCGM is present.
    Draft issues are not tendered by both parties. Hence matter be fixed for framing issues.
    Adjd. To 18/02/2022 for framing issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 18-02-2022
    
    Date: 18-02-2022
    Business: HHJ  is on leave.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 28-03-2022
    
    Date: 28-03-2022
    Business: None for plaintiff
    Defendant no.1 present and his advocate is absent.
    Adv. Smita Chavan h/f Adv. Tondwalkar for defendant no.2 and 3  MCGM present.
    Kept back.
    Latter on.
    Adv Tiwari for plaintiff present.
    Defendant no. 1 present and his advocate is absent.
    Adv. Smita Chavan h/f Adv. Tondwalkar for defendant no. 2 and 3  MCGM present.
    Issues are framed. Exh.
    Adjd. to. 13-06-2022   for recording evidence.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 13-06-2022
    
    Date: 13-06-2022
    Business: As Court is on leave today, board is discharged.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 20-07-2022
    
    Date: 20-07-2022
    Business: Adv. Mahesh Govarkar for plaintiff present and requested time to file evidence. Time is granted till next date.
    Adv. Mrs. Tondwalkar for defendant/ MCGM is present.
    Adjd. to 22/08/2022 for plaintiff\''s evidence.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 22-08-2022
    
    Date: 22-08-2022
    Business: Adv. Harish Pawar for plaintiff present and tendered application for withdrawal of suit, t.o.r. and marked as Exh.6.
    Plaintiff Nos. 1 and 2 are present.
    Defendant No.1 is present. His advocate is absent.
    Adv Mrs Tondwalkar for defendant no.2 and 3/BMC is present.
    The advocate for plaintiff is present.
    The plaintiff\''s have filed the application below Exh.6 for withdrawal of suit unconditionally. The plaintiff\''s nos. 1 and 2 submitted that they want to withdraw the suit. The admitted signature and contents of withdrawal application. Defendant No 1 submitted that he has no objection for withdrawal of the suit. Advocate for corporation also give no objection. Hence, I pass the following order -
    ORDER.
    1. L.C. Suit No. 423/2018 is disposed off as withdrawn in view of application below Exh.6.
    Nature Of Disposal: WITHDRAWL
    Disposal Date: 22-08-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 102334/2018
    Filing Date: 12-02-2018
    First Hearing Date: 10th April 2018
    Decision Date: 22nd August 2022
    Court Number And Judge: 4-COURT 04 AD-HOC JUDGE

    Orders

    2
    Final Order 1
    22 Aug 2022
    Order Details: Other
    Pdf Text: Daily Status
    IN THE COURT OF :COURT 04 AD-HOC ASST SESSIONS JUDGE
    Case No. :SUIT/0100423/2018
    1. Mr. Pratap Arjunsing Rajput 2. Mr. Uday Arjunsing Rajput Vs 1. Mr. Chandu Jagan Tudawe 2.
    MCGM 3. The Asst. Municipal Commissioner
    Date : 22-08-2022
    Business : Adv. Harish Pawar for plaintiff present and tendered
    application for withdrawal of suit, t.o.r. and marked as
    Exh.6. Plaintiff Nos. 1 and 2 are present. Defendant No.1 is
    present. His advocate is absent. Adv Mrs Tondwalkar for
    defendant no.2 and 3/BMC is present. The advocate for
    plaintiff is present. The plaintiff&amp#039s have filed
    the application below Exh.6 for withdrawal of suit
    unconditionally. The plaintiff&amp#039s nos. 1 and 2
    submitted that they want to withdraw the suit. The admitted
    signature and contents of withdrawal application. Defendant
    No 1 submitted that he has no objection for withdrawal of
    the suit. Advocate for corporation also give no objection.
    Hence, I pass the following order - ORDER. 1. L.C. Suit
    No. 423/2018 is disposed off as withdrawn in view of
    application below Exh.6.
    Nature of Disposal : WITHDRAWL
    Disposal Date : 22-08-2022
    COURT 04 AD-HOC ASST SESSIONS JUDGE
    -- 1 of 1 --
    Order 1
    22 Aug 2022
    Order Details: Other
    Pdf Text: Daily Status
    IN THE COURT OF :COURT 04 AD-HOC ASST SESSIONS JUDGE
    Case No. :SUIT/0100423/2018
    1. Mr. Pratap Arjunsing Rajput 2. Mr. Uday Arjunsing Rajput Vs 1. Mr. Chandu Jagan Tudawe 2.
    MCGM 3. The Asst. Municipal Commissioner
    Date : 22-08-2022
    Business : Adv. Harish Pawar for plaintiff present and tendered
    application for withdrawal of suit, t.o.r. and marked as
    Exh.6. Plaintiff Nos. 1 and 2 are present. Defendant No.1 is
    present. His advocate is absent. Adv Mrs Tondwalkar for
    defendant no.2 and 3/BMC is present. The advocate for
    plaintiff is present. The plaintiff&amp#039s have filed
    the application below Exh.6 for withdrawal of suit
    unconditionally. The plaintiff&amp#039s nos. 1 and 2
    submitted that they want to withdraw the suit. The admitted
    signature and contents of withdrawal application. Defendant
    No 1 submitted that he has no objection for withdrawal of
    the suit. Advocate for corporation also give no objection.
    Hence, I pass the following order - ORDER. 1. L.C. Suit
    No. 423/2018 is disposed off as withdrawn in view of
    application below Exh.6.
    Nature of Disposal : WITHDRAWL
    Disposal Date : 22-08-2022
    COURT 04 AD-HOC ASST SESSIONS JUDGE
    -- 1 of 1 --

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