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SUIT - SHORT CAUSE CIVIL SUIT

Mr. Tukaram Babu@ Baburao GawasVsMr. Ratnakar Rajaram Gawas

CNR MHCC01002361202066-COURT 66 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--PLAINT REJECTED
Decision Date: 11th March 2025

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100719/2021
Registration Date
05 Mar 2021

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    CODE OF CIVIL PROCEDURE · Sec 9

    Case History / Proceedings

    Case History
    Date: 26-03-2021
    Business: Adv. Shrutika Lakhan for plaintiff present and tendered vakalatnama on behalf of plaintiff.  Tor and marked at Exh. 5.
    She has also tendered draft NM along with affidavit.  Leave granted to register the NM.  Copy be served to other side.
    None for defendants.
    Adjd to 17.04.2021 for NM service.
    Next Purpose: SERVICE
    Next Hearing Date: 17-04-2021
    
    Date: 17-04-2021
    Business: Declared as holiday.
    Next Purpose: SERVICE
    Next Hearing Date: 22-07-2021
    
    Date: 22-07-2021
    Business: Nobody present.
    Due to COVID-19 pandemic, adjd to 05.10.2021.
    Adjd to 05.10.2021 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 26-08-2021
    
    Date: 26-08-2021
    Business: BY PRECIPE O- Allowed to take on board
    Exh-3 Adv. Girish Pawar along with Adv. Sarambalkar and Adv. S. P. Chaugule filed vakalatnama on behalf of defendant.
    Adv. for defendant filed Written statement. t.o.r. for consideration.
    Already adjd to 05/10/2021
    Next Purpose: SERVICE
    Next Hearing Date: 05-10-2021
    
    Date: 05-10-2021
    Business: At 2.57 pm
    None present for both parties.
    Adjd for service to 12/11/2021
    Next Purpose: SERVICE
    Next Hearing Date: 12-11-2021
    
    Date: 12-11-2021
    Business: Dt.12/11/2021
    Suit  719/21
    NM 1091/21
    IN THE COURT OF H.H.J. SMT. S. S. NAGUR JUDGE CITY CIVIL COURT C.R. NO. 04
    At 3.00 pm
    None present when called. Kb
    L. O at 5.10 pm none present  when again called
    Record shows that plaintiff received the Notice of motion for registration but till date not filed registered Notice of motion.
    Hence adjd for dismissal of notice of motion to 21/01/2022
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 21-01-2022
    
    Date: 21-01-2022
    Business: As per office order no. 07 of 2022 and 03 of 2022 only urgent matters are to be taken up for hearing therefore matter is adjourned for NM dismissal to 14/03/2022
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 14-03-2022
    
    Date: 14-03-2022
    Business: Adv. Ms. Shrutika Lakhan for plaintiff present.
    Application filed by adv. For plaintiff. T.O.R. O- Other side to say.
    Plaintiff to serve copy of this application to defendant.
    Adjd for hearing on application to 06/06/2022
    Next Purpose: HEARING
    Next Hearing Date: 06-06-2022
    
    Date: 06-06-2022
    Business: None for plaintiff.
    None for defendant
    Matter is adjd.to 25-07-2022 for say on application dtd.
    14-03-2022.
    Next Purpose: FILING SAY
    Next Hearing Date: 25-07-2022
    
    Date: 25-07-2022
    Business: Adv. Shrutika Lakhan for plaintiff present.
    None for defendant
    Matter is adjd.to 21-09-2022 for say on application dtd. 14-03-2022.
    Next Purpose: FILING SAY
    Next Hearing Date: 21-09-2022
    
    Date: 21-09-2022
    Business: None for plaintiff.
    None for defendant
    Matter is adjd.to 29-11-2022 for say on application dtd. 14-03-2022 as a last chance.
    Next Purpose: FILING SAY
    Next Hearing Date: 29-11-2022
    
    Date: 29-11-2022
    Business: Adv. Shrutika Lakhan for plaintiff present and prayed for adjournment  - allowed
    None for defendant.
    As the defendant has not  filed by say on application dtd. 14-03-2022, it is kept for hearing without say.
    Matter is adjd.to 07-01-2023 for Hrg on application dtd. 14-03-2022.
    Next Purpose: HEARING
    Next Hearing Date: 07-01-2023
    
    Date: 07-01-2023
    Business: None for plaintiff.
    None for defendant
    Matter is adjd.to 17-03-2023 for Hrg on application dtd. 14-03-2022.
    Next Purpose: HEARING
    Next Hearing Date: 17-03-2023
    
    Date: 17-03-2023
    Business: None for plaintiff.
    None for defendant.
    Matter is adjd.to 13-07-2023 for hearing on application dated 14/03/2022.
    Next Purpose: HEARING
    Next Hearing Date: 13-07-2023
    
    Date: 13-07-2023
    Business: Adv.  Shrutika Lakhand  for plaintiff present and seek time for hearing. Time granted till next date.
    None for defendant present.
    Matter adjourned for hearing to 07/10/2023.
    Next Purpose: HEARING
    Next Hearing Date: 07-10-2023
    
    Date: 07-10-2023
    Business: None For plaintiff present.
    None For defendant present.
    Matter adjourned for hearing to 15/01/2024.
    Next Purpose: HEARING
    Next Hearing Date: 15-01-2024
    
    Date: 15-01-2024
    Business: Son of plaintiff present and seek adjournment for hearing on application dated 14/03/2022. O-Adjournment granted.
    None For defendant present.
    Matter adjourned for hearing on application dated 14/03/2022 to 02/03/2024.
    Next Purpose: HEARING
    Next Hearing Date: 02-03-2024
    
    Date: 02-03-2024
    Business: None For plaintiff present.
    None For defendant present.
    Today matter is kept for hearing on application Exh. 4 filed by plaintiff. Application is pending since long, hence matter is kept for hearing/rejection of application want of prosecution
    Matter adjourned for hearing on application Exh. 4 to 02/05/2024.
    Next Purpose: HEARING
    Next Hearing Date: 02-05-2024
    
    Date: 02-05-2024
    Business: Adv. Prashant Gaikwad for plaintiff present and filed V/p at Exh. 4. Taken on record.
    Plaintiff seeks time for hearing. Time granted till next date.
    None for defendant present.
    Matter adjourned for NM hearing to 22/08/2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-08-2024
    
    Date: 22-08-2024
    Business: Mr. Makarand S/o plaintiff present. He submit that his advocate is sick, could not come.  Considering submission on behalf of plaintiff, the plaintiff is granted last chance to argue.
    None for defendant present.
    Matter adjourned for argument to 05/11/2024.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 05-11-2024
    
    Date: 05-11-2024
    Business: Adv. Prashant P. Gaikwad for plaintiff present.
    None for defendant.
    Matter adjourned for argument to 16.01.2025
    Next Purpose: ARGUMENTS
    Next Hearing Date: 16-01-2025
    
    Date: 16-01-2025
    Business: Plaintiff in person present and request matter kept back..
    None for defendant present. Kept back..
    Leter on..
    Advocate for plaintiff present and filed pursis at Exhibit-5 and submit that defendant is expired.
    He also submit that the plaintiff has no copy of notice of motion.  In view of his submission notice of motion no. 1091 of 2021 stands disposed of for want of prosecution.
    He also seeks time to take steps.  Moreover considering nature of relief sought by the plaintiff, it seems that this Court has no jurisdiction to grant such relief.  Therefore, the plaintiff to submit why the plaint shall not be rejected.
    Matter adjourned for compliance/ steps to 15/02/2025.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 15-02-2025
    
    Date: 15-02-2025
    Business: None present.
    The plaintiff failed to comply direction dated 16/01/2025, hence kept for necessary order.
    Matter adjourned for order to 11/03/2025.
    Next Purpose: ORDER
    Next Hearing Date: 11-03-2025
    
    Date: 11-03-2025
    Business: None present.
    Kept Back.
    The plaintiff has instituted suit to direct repairing board of MHADA to delete the name of the defendant as allottee. The plaintiff has not made said authority party to the suit. Moreover this court has no authority to pass such direction hence plaint is not maintainable. Apart from it the plaintiff has filed pursis at Exh.5 to submit that the defendant is expired. In such case there is no propriety to keep the matter pending on record. Thus, the plaint stands rejected.
    Nature Of Disposal: PLAINT REJECTED
    Disposal Date: 11-03-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 102524/2020
    Filing Date: 24-02-2020
    First Hearing Date: 26th March 2021
    Decision Date: 11th March 2025
    Court Number And Judge: 66-COURT 66 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    11 Mar 2025
    Order Details: Other
    Pdf Text: 11/03/2025
    SR. NO. 4
    CORAM : HIS HONOR JUDGE SHRI. U. C. DESHMUKH
    (C. R. No. 66)
    SU 719/2021 None present.
    Kept Back.
    The plaintiff has instituted suit to direct repairing board of
    MHADA to delete the name of the defendant as allottee.
    The plaintiff has not made said authority party to the suit.
    Moreover this court has no authority to pass such direction
    hence plaint is not maintainable. Apart from it the plaintiff
    has filed pursis at Exh.5 to submit that the defendant is
    expired. In such case there is no propriety to keep the
    matter pending on record. Thus, the plaint stands rejected.
    Judge
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