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SUIT - SHORT CAUSE CIVIL SUIT

Shri Sunil Atmaram Choudhari +1 moreVsMCGM +1 more

CNR MHCC01002219201811-COURT 11 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 09th March 2022

TrustJury record updated 09 Sept 2026

Case Overview

Registration Number
100447/2018
Registration Date
13 Feb 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    4

    Acts & Sections

    1
    Hindu Marriage Act · Sec 34 · 37

    Case History / Proceedings

    Case History
    Date: 15-02-2018
    Business: Ld adv for the Plaintiff has submitted that he is ready to accept the notice, for filing reply, though it is in the name of Nilesh Kudalkar and he will not raise objection on the ground of issuance of notice dtd 9.01.2018 in the name of earlier owner/ occupier Nilesh Kudalkar. Thus, considering the prima facie case in view of section 485 of MMC act and above submissions of Ld adv for the Plaintiff, it is hereby directed to the Plaintiff to submit reply to the notice dtd 9.01.2018 to the Defendant within two weeks from today without fail.
    The Defendant is hereby directed to consider the reply of the Plaintiffs and documents if any submitted within two weeks from today and pass a fresh speaking order in respect of notice structure.  With above directions, draft Notice of Motion stands disposed of and it be registered for statistical purpose.
    Matter adjd to 20.03.2018 for w.st by the defendant.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 20-03-2018
    
    Date: 20-03-2018
    Business: None present for the plaintiff and none present for defendant.
    Matter adjd to 13.06.2018 for passing no w/s order.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 13-06-2018
    
    Date: 13-06-2018
    Business: Plaintiff and adv absent.
    Adv Hajare for the def/BMC present.
    Adjourned to 03.09.2018  for filing W.S.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 03-09-2018
    
    Date: 03-09-2018
    Business: Court is vacant. Hence today board is discharged.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 23-10-2018
    
    Date: 23-10-2018
    Business: Court is busy in dictating judgment in suit no.2776 of 2009, hence board is discharged and case is adjourned to 26/11/2018.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 26-11-2018
    
    Date: 26-11-2018
    Business: Court is on leave (first session) as Presiding Officer has gone to G. T. Hospital  for medical check up.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 11-02-2019
    
    Date: 11-02-2019
    Business: AS PO IS ON LEAVE
    Reason For Adjournment: court time is over
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 22-04-2019
    
    Date: 22-04-2019
    Business: As Court is busy in hearing arguments in Suit no. 423/07 and in Suit no. 1071/19 and St. 4909/19 hence,the Case is adjd. To 01.07.2019  for W/S.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 01-07-2019
    
    Date: 01-07-2019
    Business: Advocate Ankush Mhatugade h/f adv. Harish Pawar for plaintiff present.
    Advocate Mr. Giri for defendant /MCGM present and sought time. Time is granted.
    Plaintiff to clarify whether the directions in order dated 15.02.2018 are complied with by the plaintiff.
    The case is adjourned to 30.07.2019 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 30-07-2019
    
    Date: 30-07-2019
    Business: Court is on leave. Board is discharged.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 18-09-2019
    
    Date: 18-09-2019
    Business: As Court is busy in hearing NM in suit no. 2453/15, 2057/19 and in hearing ad-interim matters in ST no. 2469/19 and ST 10053/19 and also in dictating Judgment in suit no.926/11 and NM orders in suit no.4593/12. The case is adjourned.
    The case is adjourned to 18.10.2019 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 18-10-2019
    
    Date: 18-10-2019
    Business: Advocate Ms. Surabhi Gujar h/f adv. Pawar for plaintiff present.
    Advocate Giri for defendant/MCGM present.
    The case is adjourned to 18.11.2019 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 18-11-2019
    
    Date: 18-11-2019
    Business: Court is on leave.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 09-01-2020
    
    Date: 09-01-2020
    Business: Adv. Ms. Lokre h/f adv. Mr. Harish Pawar for Plff, submits that suit property is demolished, prayed for adjd to take proper steps.
    Adv. Mrs. Mhatre for deft./MCGM present.
    Matter is adjd.for compliance on 02.04.2020.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 02-04-2020
    
    Date: 02-04-2020
    Next Purpose: COMPLIANCE
    Next Hearing Date: 24-04-2020
    
    Date: 24-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: COMPLIANCE
    Next Hearing Date: 15-05-2020
    
    Date: 15-05-2020
    Business: National Lockdown.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 04-06-2020
    
    Date: 04-06-2020
    Business: National Lockdown
    Next Purpose: COMPLIANCE
    Next Hearing Date: 22-06-2020
    
    Date: 22-06-2020
    Business: adjd.to
    Next Purpose: COMPLIANCE
    Next Hearing Date: 28-08-2020
    
    Date: 28-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: COMPLIANCE
    Next Hearing Date: 19-10-2020
    
    Date: 19-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: COMPLIANCE
    Next Hearing Date: 09-12-2020
    
    Date: 09-12-2020
    Business: None for plaintiff.
    Adv. Mhatre  for deft./MCGM present.
    Matter is adjd.to 03-03-2021  for compliance.
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: COMPLIANCE
    Next Hearing Date: 03-03-2021
    
    Date: 03-03-2021
    Business: Adv. Mr. Tapal h/f Mr. Harish Pawar for plaintiff present and requested short time for compliance.
    Adv. Ms. Mhatre for deft./MCGM present.
    Matter is adjourned for compliance to 16.04.21.
                                                                                   Judge
    Next Purpose: COMPLIANCE
    Next Hearing Date: 16-04-2021
    
    Date: 16-04-2021
    Business: Due to surge in Covid-19, on 16.04.2021 declared as holiday , hence, matter is adjourned to next date.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 14-07-2021
    
    Date: 14-07-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: COMPLIANCE
    Next Hearing Date: 30-08-2021
    
    Date: 30-08-2021
    Business: Court is Vacant. Matter adj. to next date.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 04-10-2021
    
    Date: 04-10-2021
    Business: Court is Vacant. Matter adj. to next date.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 26-11-2021
    
    Date: 26-11-2021
    Business: Court is vacant. Matter is adj. to next date.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 10-01-2022
    
    Date: 10-01-2022
    Business: Adv. Mr. Pawan Tiwari h/f Adv. Harish Pawar for plaintiff is present.
    Adv. Mr. Khandagale for defendant No.1/MCGM is present.
    None present for defendant no.2.
    Mr. Imran Shaikh power of attorney holder for plaintiff is present.
    He made the statement that the plaintiff does not want the proceed with the suit. He is filed the application for withdrawal of the suit t.o.r. It is marked at Exh.03
    The copy of power of attorney executed in his favor is also filed alongwith the suit. This power of attorney is silent as regards this power to withdraw the suit. Hence, the matter is adjourned for suitable the steps.
    Adjourned for steps to 21.02.2022.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 21-02-2022
    
    Date: 21-02-2022
    Business: Adv. Mr. Pawan Tiwari h/f Adv. Harish Pawar for plaintiff is present and orally requested time for taking steps. Granted.
    Adv. Mr. Khandagale for defendant/MCGM is present.
    Adjourned for taking steps to 09.03.2022.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 09-03-2022
    
    Date: 09-03-2022
    Business: Plaintiff is absent.
    Adv. Ms. Rashmi Parab h/f Adv. Harish Pawar for plaintiffs is present and orally requested to keep back the matter for withdrawal. She filed the application for withdrawal. It is marked at Exh. 04.
    Adv. Ms. J.V. Mhatre h/f Adv. Khandagale for defendant No. 1/
    MCGM is present.
    None present for defendant No.2.
    KB  LO at 2.56 pm.
    Adv. Mr. Pawan Tiwari h/f Adv. Harish Pawar for plaintiffs is present and filed original copy of general power of attorney on the record.
    Mr. Imran Shaikh CA of plaintiffs is present. He submitted that the plaintiffs are not interested to proceed with the matter.
    Advocate for defendant No. 1 endorsed say on the application for withdrawal exhibit 03.
    O- In view of this application, the plaintiffs are permitted to withdraw the suit unconditionally.
    Order below Exhibit No. 01.
    In view of the order passed below the application exhibit 03, the suit stands disposed off as withdrawn unconditionally by the plaintiffs. All the pending applications are, therefore, filed.
    The parties to bear their own costs. Bill of costs be drawn-up accordingly.
    Nature Of Disposal: WITHDRAWL
    Disposal Date: 09-03-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 102409/2018
    Filing Date: 13-02-2018
    First Hearing Date: 10th April 2018
    Decision Date: 09th March 2022
    Court Number And Judge: 11-COURT 11  ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    09 Mar 2022

    Order Details: Other Pdf Text: 09.03.2022 Sr. No. 25 CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11) SU 447/18 Exh. 04 Plaintiff is absent. Adv. Ms. Rashmi Parab h/f Adv. Harish Pawar for plaintiffs is present and orally requested to keep back the matter for withdrawal. She filed the application for withdrawal. It is marked at Exh. 04. Adv. Ms. J.V. Mhatre h/f Adv. Khandagale for defendant No. 1/ MCGM is present. None present for defendant No.2. KB LO at 2.56…

    Read Full Order
    Order 1Full order available
    09 Mar 2022

    Order Details: Other Pdf Text: 09.03.2022 Sr. No. 25 CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11) SU 447/18 Exh. 04 Plaintiff is absent. Adv. Ms. Rashmi Parab h/f Adv. Harish Pawar for plaintiffs is present and orally requested to keep back the matter for withdrawal. She filed the application for withdrawal. It is marked at Exh. 04. Adv. Ms. J.V. Mhatre h/f Adv. Khandagale for defendant No. 1/ MCGM is present. None present for defendant No.2. KB LO at 2.56…

    Read Full Order

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