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SUIT - SHORT CAUSE CIVIL SUIT

Iqbal Hussain s/o.Jamir AhmedVsMCGM

CNR MHCC01002396202111-COURT 11 ADDL SESSIONS JUDGE
Fort, City Civil Court
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHER
Decision Date: 18th August 2023

TrustJury record updated 01 Oct 2026

Case Overview

Registration Number
100774/2021
Registration Date
10 Mar 2021

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Respondent

    1. 1MCGM

    Acts & Sections

    1
    Specific Relief Act · Sec 37 · 38

    Case History / Proceedings

    Case History
    Date: 25-03-2021
    Business: By precipe.
    Adv. Mr. Asit Singh for plaintiff present and filed draft NM. Leave is granted to register the NM.
    Adv. Ms. Tondwalkar  for deft./MCGM present and submitted that notice is not served to the defendant corporation. Therefore, it is necessary to hear the defendant Municipal Corporation before issuing injunction. Plaintiff is directed to serve the notice to the defendant.
    Matter is adjourned for ad interim hearing to 31.03.21.
                                                                                   Judge
    Next Purpose: N/M FOR AD-INTERIM
    Next Hearing Date: 31-03-2021
    
    Date: 31-03-2021
    Business: Adv. Mr.Asid Singh for plaintiff and tendered registered N/M No.961/2021.
    Adv. Mr. Mhatre for deft./MCGM present with officer Mr. Sagar Karpe. Asst. Eng. (B & F) \''L\'' Ward and filed affidavit in reply. t.or. and marked Exh.3. She also requested for short adjourned to file list of documents.
    Adv. Mr. Bhadang for applicant present and filed V/P. t.o.r. and marked at Exh.2.   He also tendered draft Ch/s. Leave is granted to register the Ch/s.
    Copies of Ch/S are served to plaintiff and defendant/ MCGM.
    Matter is adjourned for Ch/s reply/ hearing to 5/04/2021.
    Next Purpose: REPLY
    Next Hearing Date: 05-04-2021
    
    Date: 05-04-2021
    Business: Mr. Asit Singh  for plaintiff present and filed reply to CH/s. 693/2021.
    Adv. Ms. Mhatre for deft./MCGM present alongwith officer Aakash Pawar Jr. Eng.(J&F) \''L\'' Ward & filed list of documents.
    Adv. Mr. Bhadang for applicant present and filed register Chs No.693/2021. He also filed list of documents.
    Matter is adjourned for Ad-interim hearing/Ch/s. Hearing to 9/04/2021.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 09-04-2021
    
    Date: 09-04-2021
    Business: Adv. Mr. Asit Singh for plaintiff present and requested short time to file documents.
    Adv. Ms. Mhatre for deft./MCGM present with officer Mr. Akash Pawar, Jr. Engineer, B and F Dept., L/ward.
    Adv. Mr. Bhadang for applicant is present.
    Matter is adjourned for ad interim/Ch.s hearing to 23.04.2021.
                                                                                   Judge
    Next Purpose: C/S  HEARING
    Next Hearing Date: 23-04-2021
    
    Date: 23-04-2021
    Business: Due to Covid-19, matter is adjourned to next date.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 30-04-2021
    
    Date: 30-04-2021
    Business: None present for plaintiff.
    Adv.  Ms. Mhatre for deft./MCGM present alongwith Officer Shri. Akash Pawar, Jr. Eng. (B&F) \''L\'' Ward.
    Adv. Mr. Chaturvedi h/f Adv. Bhadang for applicant present.
    Matter is adjourned for Ch/s hearing to 5/5/2021.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 05-05-2021
    
    Date: 05-05-2021
    Business: Adv. Mr. Asit Singh for plaintiff present.
    Adv. Ms. Mhatre for deft./MCGM present with officer Akash Pawar, Jr. Eng. (B&F) \''L\'' Ward.
    Adv. Mr. Bhadang for applicant present.
    With consent of both the parties and applicant matter is adjourned till next date.
    Matter is adjourned for Ch/s hearing /Ad-interim hearing to 11/6/2021.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 11-06-2021
    
    Date: 11-06-2021
    Business: Adv. Mr. Asit Singh for plaintiff present and requested for short adjourned.
    Adv. Ms. Mhatre for deft./MCGM present.
    Adv. Ms.Paridhi Sachdeva h/f Adv. Mr. Bhadang  for applicant present.
    Matter is adjourned for Ad-interim hearing/Ch/s. Hearing to 28/6/2021.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 28-06-2021
    
    Date: 28-06-2021
    Business: Adv. Mr. Asit Singh for plaintiff present.
    Adv. Mr. Khandagale for deft./MCGM present.
    Adv. Mr. Frederick h/f Mr. Bhadang for applicant is present and requested for short adjournment.
    Matter is adjourned for ad interim hearing/Ch.s hearing to 09.06.2021.
                                                                                   Judge
    Next Purpose: C/S  HEARING
    Next Hearing Date: 09-07-2021
    
    Date: 09-07-2021
    Business: None present for plaintiffs.
    Adv. Khandagale for deft./MCGM present.
    Adv. Ms. Paridhi h/f Adv. Mr. Bhadang present and requested for short adjournment.
    Matter is adjourned for Ad-interim hearing/ Ch/s hearing to 6/8/2021.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 06-08-2021
    
    Date: 06-08-2021
    Business: Adv. Mr. Asit Singh for plaintiff present.
    Adv. Mr. Khandagale for deft./MCGM present.
    Adv. Mr. Vinay Kumar h/f Mr. Bhadang for applicant is present and requested for short adjournment.
    Matter is adjourned for ch/s hearing/ad interim hearing to 17.08.2021.
                                                                                   Judge
    Next Purpose: C/S  HEARING
    Next Hearing Date: 17-08-2021
    
    Date: 17-08-2021
    Business: Court is Vacant. Matter adj. to next date
    Next Purpose: C/S  HEARING
    Next Hearing Date: 30-08-2021
    
    Date: 30-08-2021
    Business: Court is Vacant. Matter adj. to next date.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 17-09-2021
    
    Date: 17-09-2021
    Business: Court is Vacant. Matter adj. to next date.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 27-09-2021
    
    Date: 27-09-2021
    Business: Court is Vacant. Matter adj.to next date.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 06-10-2021
    
    Date: 06-10-2021
    Business: Court is Vacant. Matter adj.to next date.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 13-10-2021
    
    Date: 13-10-2021
    Business: Court is vacant. Matter is adj. to next date.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 25-10-2021
    
    Date: 25-10-2021
    Business: Court is Vacant. Matter adj. to next date.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 15-11-2021
    
    Date: 15-11-2021
    Business: Court is Vacant. Matter is adj. to next date.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 03-12-2021
    
    Date: 03-12-2021
    Business: Adv. Mr. Singh for plaintiff present.
    Adv. Mr. Khandagale for Defendant/MCGM present.
    Adv. Mr. Ali Kazmi for applicant present.
    Adv for plaintiff requested short adjournment. Adjournment granted
    only for today
    Matter adjd for Ch/s hearing to 17/12/2021.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 17-12-2021
    
    Date: 17-12-2021
    Business: Adv. Mr. Asit Singh for plaintiff is present.
    Adv. Mr. Virendra Kumar for applicant is present.
    Adv. Mr. Khandagale for Defendant/MCGM is present.
    Adv. for the applicant orally requested for time to for C/S hearing.
    Adjourned for C/S hearing to 07/01/2022.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 07-01-2022
    
    Date: 07-01-2022
    Business: Adv Asit Singh present for plaintiff.
    Adv. Mr. Khandagale for defendant/MCGM is present.
    Adv Vinay Kumar for applicant is present.
    Court busy in other matters.
    Adjourned for C/s hearing to 02/02/2022.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 02-02-2022
    
    Date: 02-02-2022
    Business: Adv. Mr. Asit Singh for plaintiff is present.
    Adv. Mr. Bhadang for applicant is present.
    Adv. Mr. Khandagale for defendant/MCGM is present.
    Adv. for plaintiff orally requested for time to file C/S hearing. Granted.
    Adjourned for C/S hearing/C/S reply/NM hearing to 16.02.2022.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 16-02-2022
    
    Date: 16-02-2022
    Business: Adv. Mr. Asit Singh for plaintiff is present.
    Adv. Mr. Vinay Kumar for applicant is present and orally requested time for Ch/s hearing. Granted as a last chance.
    Adv. Mr. Khandagale for defendant/MCGM is present.
    Adjourned for Ch/s hearing/NM hearing/Ch/s reply to 09.03.2022.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 09-03-2022
    
    Date: 09-03-2022
    Business: Adv. Mr. Asit Singh for plaintiff is present.
    Adv. Ms. Sonal for applicant is present.
    Adv. Ms. J.V. Mhatre h/f Adv. Khandagale for defendant/MCGM is present.
    Heard both the sides on Ch/s No. 693/2021.
    Adjourned for Ch/s Orders/NM hearing to 30.03.2022.
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 30-03-2022
    
    Date: 30-03-2022
    Business: Adv. Mr. Asit Singh for plaintiff is present.
    None present for applicant.
    Adv. Mr. Khandagale for defendant/MCGM is present.
    Court busy in hearing urgent praecipe matters SU No. 1183/22, SU1184/22, SU 770/22, SU 1196/18 and SU 277/22.
    Adjourned for NM hearing/Ch/s Order to 22.04.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-04-2022
    
    Date: 22-04-2022
    Business: PO is on training.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-07-2022
    
    Date: 01-07-2022
    Business: Adv. Mr. Asit Singh for the plaintiff is present and filed citations. TOR. Copy is supplied to the other side.
    Adv. Mr. Vinay Kumar for the applicant is present and orally requested for time to file some citations in reply. Time is granted.
    Adv. Mr. Khandagale for defendant/MCGM is present.
    Adjourned for citations/Ch/s Order/NM hearing to 25.07.2022.
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 25-07-2022
    
    Date: 25-07-2022
    Business: Adv. Mr. Asit Singh for the plaintiff is present.
    Adv. Ms. Supriya Chowrasiya for the applicant is present and orally requested for keeping back the matter. Considering the board, this request is discarded.
    Adv. Mr. Khandagale for defendant/MCGM is present.
    Adjourned for citations/Ch/s Order/NM hearing to 08.08.2022.
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 08-08-2022
    
    Date: 08-08-2022
    Business: Adv. Mr. Amin Patel for the plaintiff is present and submitted that the plaintiff does not want to file further citations.
    Adv. Ms. Supriya Chowrasiya for the applicant is present and filed citations. TOR. Copy is supplied to the other sides.
    Adv. Mr. Khandagale for defendant/MCGM is present.
    Adjourned for Ch/s Order to 24.08.2022.
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 24-08-2022
    
    Date: 24-08-2022
    Business: Adv. Mr. Asit Singh for the plaintiff is present.
    Adv. Mr. Ali Kazi for the applicant is present.
    Adv. Mrs. J.V. Mhatre h/f Adv. Khandagale for defendant/MCGM is present.
    The Court is busy in recording evidence in SU No. 54/2012 and SC No. 119/2022.
    Adjourned for Ch/s Order to 19.09.2022.
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 19-09-2022
    
    Date: 19-09-2022
    Business: Adv. Mr. Asit Singh present for the plaintiff.
    Adv. Mr. Vinitkumar for applicant present.
    Adv. Mr. Khandagale for defendant/MCGM is present.
    Court busy in recording evidence in HCTB Suit No. 735/2016 and passing order in HCTB NM No. 3053/2022.
    Adjourned for Ch/s orders to 04.10.2022.
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 04-10-2022
    
    Date: 04-10-2022
    Business: Adv. Amin Patel for the plaintiff is present.
    Adv. Ali Kazmi for the applicant is present.
    Adv. J.V. Mhatre for defendant/MCGM is present.
    KB LO at 05:15 pm.
    Adv. Supriya Chowrasiya for the applicant is present.
    F.R.S.R. following order is passed on Ch/s No. 693/2021:
                                        ORDER
    (i).     Chamber of Summons No. 693/2021 stands dismissed.
    (ii).    Chamber of Summons No. 693/2021 is, accordingly,
              disposed of.
    Adjourned for NM hearing to 23.11.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-11-2022
    
    Date: 23-11-2022
    Business: HHJ is on leave
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-02-2023
    
    Date: 03-02-2023
    Business: Adv. Mr. Asit Singh for the plaintiff is present and filed reply rejoinder in NM No. 961/2021. TOR. O- Filed. Copy is supplied to the other side.
    Adv. Mrs. J.V. Mhatre h/f Adv. Khandagale for defendant/MCGM is present.
    Adjourned for NM hearing to 03.04.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-04-2023
    
    Date: 03-04-2023
    Business: PO is on leave
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-06-2023
    
    Date: 16-06-2023
    Business: Adv. Mr. Pal h/f Mr. Asit Singh for the plaintiff is present and orally requested for time to file written submissions on NM. Time is granted.
    Adv. Mr. G. O. Giri for defendant/MCGM is present.
    Adjourned for written submissions on NM to 18.08.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-08-2023
    
    Date: 18-08-2023
    Business: Adv. Mr. Asit Singh for the plaintiff is present.
    Adv. Mr. G.O. Giri for defendant/MCGM is present and filed list of documents along-with letter dtd. 11.08.2023 issued by the Assistant Commissioner, ‘L’ Ward. TOR. It is marked as Exhibit 4.
    O- Filed. Copy is supplied to the other side.
    Mr. Sachin Laxmanrao Sarwade, JE, is present. He submitted that in view of the above referred letter dtd. 11.08.2023 issued by the Assistant Commissioner, ‘L’ Ward  and as per the directions of the Hon’ble Supreme Court in Civil Appeal No. 5159 of 2009,
    dtd. 06.08.2014, the defendant/MCGM is going to withdraw the notice, issued in this suit, with liberty to proceed against the structure in future as per law. His statement is taken on record. At this stage, Ld. Advocate for the plaintiff submitted that in view of this position, even the suit may be disposed of.
    Order below Exhibit 1:
         In view of the statement of Mr. Sachin Laxmanrao Sarwade, JE, and on the submissions of the advocate for plaintiff, the suit stands disposed of. All the pending applications, along-with Notice of Motion No. 961/2021, are, therefore, filed. The parties to bear their own costs of this suit. Bill of costs be drawn-up accordingly. The proceeding is closed.
    Nature Of Disposal: OTHER
    Disposal Date: 18-08-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 102610/2021
    Filing Date: 10-03-2021
    First Hearing Date: 25th March 2021
    Decision Date: 18th August 2023
    Court Number And Judge: 11-COURT 11  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    18 Aug 2023

    Order Details: Other Pdf Text: 18.08.2023 Sr. No. 26 CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11) SU 774/21 NM 961/21 Exh.4 Adv. Mr. Asit Singh for the plaintiff is present. Adv. Mr. G.O. Giri for defendant/MCGM is present and filed list of documents along-with letter dtd. 11.08.2023 issued by the Assistant Commissioner, ‘L’ Ward. TOR. It is marked as Exhibit 4. O- Filed. Copy is supplied to the other side. Mr. Sachin Laxmanrao Sarwade, JE, is present. He submitted that…

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