SUIT - SHORT CAUSE CIVIL SUIT
Kalpana Kamalakar Kotakar +19 moreVsMCGM +2 more
CNR MHCC0100278220214-COURT 04 ADDL SESSIONS JUDGE
Fort, City Civil Court
Mumbai · Maharashtra (MH)
PENDING
TrustJury record updated 01 Oct 2026
Case Overview
- Registration Number
- 101709/2021
- Registration Date
- 07 Sept 2021
- Next Hearing Date
- 22 Oct 2026
- Case Stage
- NM FOR DISMISSAL
Advocates
1For Petitioner
For Respondent
Not available
Parties
23Petitioner
- 1Kalpana Kamalakar Kotakar
- 2Khan Abdulla A Karim
- 3Santosh Atmaram Ghag
- 4Jairam Raghunath Pawar
- 5Irfan A. Ansari
- 6Anwar Khan Mohmmad Husen
- 7Rahees Mushataq S/o Abbas ali Nawab Ali
- 8Chandrakant Dhaklu Shelke
- 9Atikur Rehaman Jabbar Husen
- 10Mhate Samir Jainuddin
- 11Narayan Keshav Raut
- 12Akbar Ali Sawant
- 13Rehamtulla Sharif A Rahim
- 14Motorwala Mohammed Siddique Mohd
- 15Naeema Ibrahim Palekar
- 16Khalid Abdul Gaffar Ansari
- 17Shahida Begam Ahamad Kasam Khan
- 18Gulerana Rashid Khan
- 19Laxmi Hirachand Devkule
- 20Mushir Alam Ziyauddin
Respondent
Acts & Sections
1Specific Relief Act · Sec 34 · 37and38
Case History / Proceedings
Case History
Date: 07-09-2021
Business: Adv Hussain for plaintiff present and filed Vakalatnama, t.o.r. and marked as Exh.2.
Adv Vyas with Adv Mrs Rawade for defendant / MCGM present.
Adjd. To 07/10/2021 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 07-10-2021
Date: 07-10-2021
Business: None for plaintiff.
Adv Mrs Rawade for defendant / MCGM present.
Adjd. To 21/12/2021 for written statement.
L.O. at 12.25 p.m.
Adv Vyas for defendant / MCGM present with Adv Mrs Rawade.
Already adjd. To 21/12/2021 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 21-12-2021
Date: 21-12-2021
Business: Adv.Amina Momin I/b Hussain & Co. for plaintiff present.
Adv. Rawade for Defendants/MCGM present and seek time to file W/S on record. Time is granted till next date.
Matter is adjd to 15/2/2022 for W/S of defendant/MCGM.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 15-02-2022
Date: 15-02-2022
Business: Adv Hussain for plaintiff present.
Adv Mrs Rawade for defendant / MCGM present and requests for time to file W/s.
Time is granted till next date.
Adjd. to 29/03/2022 for W/s.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 29-03-2022
Date: 29-03-2022
Business: None for plaintiff.
Adv. Rawade For defendant/MCGM present.
Adv. for defendant seeks time to file WS on record. Time granted till next date.
Adv. For plaintiff is directed to tender original NM No.1264/21 (disposed of) along-with affidavit in support on next date.
Adjd. To 07/07/2022 for WS of defendant/MCGM.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 07-07-2022
Date: 07-07-2022
Business: Adv. Hussain for plaintiff present.
Adv. Mrs. Rawade for defendant/ MCGM is present and requested time to file W/S. Time is granted till next date.
Adv. for plaintiff is directed to tender original N/M No. 1264/2021 (disposed of) along with affidavit in support on next date.
Adjd. to 18/08/2022 for filing W/S.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 18-08-2022
Date: 18-08-2022
Business: Adv. Hussain for plaintiff present.
Adv. Mrs. Rawade for defendant/ BMC is present requested time to file W/S. Time is granted till next date.
Counsel Adv. Vyas is absent.
Adjd. to 06/10/2022 for W/S.
L.O.
Writ received from Hon\''ble High Court in O/W No. C0801627/2022 dated 12/08/2022 in A.O. No. 310/2021. Containing order dated 01/08/2022 and along-with copy of order dated 15/07/2022.
Aleady adjd. to 06/10/2022 for W/S.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 06-10-2022
Date: 06-10-2022
Business: Adv. Hussain for plaintiff present.
Adv. Mrs. Rawade for defendant/ BMC is present and tendered pursis to adapt N/M reply and additional reply as W/S, TOR and marked as Exh.8. O - Allowed.
Exh. 9 and 9-A - W/S.
On perusal of record it appears that, Ch/S No.786/2021, N/M No. 1263/2021 and N/M No. 1264/2021 are still pending and not yet tendered by plaintiff. Hence, plaintiff is directed to tender the same on next date.
Adjd. to 22/11/2022 for draft issues and compliance by plaintiff.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 22-11-2022
Date: 22-11-2022
Business: Adv. Amina Momin for plaintiff present.
Adv. Mrs. Rawade for defendant/ BMC is present.
Plaintiff is directed to tender Ch/S No.786/2021, N/M No.1263/2021 and N/M No.1264/2021 till next date.
Adjd. to 18/02/2023 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 18-02-2023
Date: 18-02-2023
Business: None for plaintiff.
Adv. Mrs. Mhatre for defendant/ BMC is present.
Draft issues not tendered by both parties. Hence, matter adjourned for framing issues.
Adjd. to 29/04/2023 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 29-04-2023
Date: 29-04-2023
Business: None for plaintiff.
Adv. Ms. Mhatre for defendant / BMC is present.
As court is busy in dictating judgment in Suit no. 3317/2014, matter is adjourned.
Adjd. to 16.09.2023 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 16-09-2023
Date: 16-09-2023
Business: Advocate Pooja Jadhav h/f Holamagi for plaintiff present.
Adv. Visaria h/f Counsel Adv. Vyas a/w Advocate Mhatre for defendant/BMC present.
Exh. Issues framed
Adjd to 06.11.2023 for List of witness and R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-11-2023
Date: 06-11-2023
Business: None present for plaintiff
Advocate Suryavanshi for defendant/BMC present.
Today is first date for recording evidence but none present for plaintiff. Hence matter adjourned.
Adjd to 12.01.2024 for Plaintiff evidence/ R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-01-2024
Date: 12-01-2024
Business: Advocate Monibah Iram i/b Hussein and Co. for plaintiff present and seeks time to file evidence. Hence matter adjourned on request of plaintiff.
Counsel Adv Dharmesh Vyas a/w Advocate Suryavanshi for defendant/BMC present.
Adjd to 21.02.2024 for plaintiff evidence/R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-02-2024
Date: 21-02-2024
Business: Adv. Munibah Iram h/f Holamagi for plaintiff present and undertake to tender ch/s Ch/s No. 786/2021 and NM No. 1263/21 and NM 1264/21 and also requested time to file evidence.
Adv. Nisha Gogare h/f Counsel Adv. Dharmesh Vyas a/w Advocate Suryavanshi h/f Jyhoti Mhatre- Patil for defendant/BMC present.
Adjd to 16.04.2024 for Compliance/R.E
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-04-2024
Date: 16-04-2024
Business: Advocate Husain h/f Holamagi for plaintiff present and submitted that plaintiff has applied for document under RTI and seeks adjournment.
Counsel Adv. Dharmesh Vyas a/w Advocate Mhatre for defendant/BMC present.
Adv for plaintiff submitted that he will take instruction from the plaintiff as to pending ch/s and NMs.
Plaintiff is directed to tender NM No. 1263/21, NM No. 1264/21 and ch/s No. 786/21 on next date.
Adjd to 18.07.2024 for Compliance and plaintiff evidence/R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-07-2024
Date: 18-07-2024
Business: Advocate Hussain h/f Holamagi for plaintiff present and submitted that in the Appeal From Order of Hon’ble Bombay High Court directed to BMC to put up proposal, how the plaintiff will be re-located and therefore plaintiff are waiting for proposal of BMC and requested for adjournment.
Advocate Waghmare h/f Metakari for defendant/BMC present. Hence matter adjourned for compliance as per direction dated 16.04.2024.
Adjd to 12.09.2024 for Compliance/R.E.
Later on 12.20 p.m
Counsel Adv. Dharmesh Vyas for BMC submitted that corporation has filed affidavit today before the Hon’ble Bombay High Court.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-09-2024
Date: 12-09-2024
Business: P. O. is on leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-10-2024
Date: 17-10-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
Advocate Puniba h/f Holamagi for plaintiff present and submitted Appeal From order is pending in Hon’ble Bombay High Court and there is chance of settlement and Appeal is listed before Hon’ble Bombay High Court on 24.10.2024. hence matter adjourned
Adv. Kartik h/f Counsel Adv. Dharmesh Vyas a/w Advocate Nagarthawar for defendant/BMC present and requested to keep back the matter.
Later on
Adv Dharmesh Vyas for MCGM present .
Adjd to 21.11.2024 for plaintiff evidence/R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-11-2024
Date: 21-11-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
Advocate Javeed Hussein a/w Mubashir Hussein for plaintiff present and submitted that Appeal From order is pending before Hon’ble Bombay High Court and there is chance of settlement.
Advocate Bharti for defendant/BMC present.
Adjd to 23.01.2025 for plaintiff evidence
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-01-2025
Date: 23-01-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
Adv. Mr. Javed Hussain for the plaintiff is present. He sought time to lead evidence, as the AO is pending before the Hon’ble Bombay High Court and it is still not listed. Adv. Mr. D.K. Vyas a/w Adv. Ms. Pooja Nagarthawar for defendant/MCGM is present.
Adjourned for R.E.to 27.03.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-03-2025
Date: 27-03-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
Adv. Mr. Jay Patel i/b M/s. Hussain and Co. for the plaintiff is present. He informed that AO is pending before Hon’ble Bombay High Court and sought time to proceed with the matter. Sufficient time is already granted. Hence, time is granted strictly as a last chance. Adv. Mr. Swapnil Bharti h/f Adv. Mr. D.K. Vyas for defendant/MCGM is present.
Adjourned for RE. /Suitable Order to 17.07.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-07-2025
Date: 17-07-2025
Business: P. O. is on leave. Hence, Matter is adjourned.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-10-2025
Date: 17-10-2025
Business: CORAM : H.H.J. SHRI. A. K. KALE (C.R. No. 04)
None present for the plaintiff.
Adv. Ms. Vidya Vyavhare h/f Adv. Mr. Dharmesh Vyas for defendant/MCGM is present.
Adjourned for R.E/Suitable Order to 09.12.2025
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-12-2025
Date: 09-12-2025
Business: CORAM : H.H.J. SHRI. A. K. KALE (C.R. No. 04)
Adv. Hussain for the plaintiff is present and requested for adjournment. Granted
Adv. Ms. Rupali Patil h/f Adv. Dharmesh Vyas for defendant/MCGM is present.
Adjourned for R.E./Suitable order to 29.01.2026
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-01-2026
Date: 29-01-2026
Business: CORAM : H.H.J. SHRI. C. S. DATIR(C.R. No. 04)
Adv. Hussain for plaintiff is present.
Adv. Ms. Rupali Patil h/f Adv. Dharmesh Vyas for defendant/MCGM is present.
Adv of plaintiff to tender registered Ch/s and NM till next date without fail.
Adjourned for filing evidence/R.E. to 09.04.2026
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-04-2026
Date: 09-04-2026
Business: PO is on official training. Hence matter adjourned to 23.06.2026
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-06-2026
Date: 23-06-2026
Business: CORAM H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
Adv. Mr. Hussain for the plaintiff is present.
Adv. Ms. Rupali Patil for defendant/MCGM is present.
It appears, suit and chamber summons and Notice of Motion have filed in the year of 2021. As on today, one C/s and NM have not tendered by the plaintiff though sufficient opportunities have been granted. There is no progress as such. It shows, plaintiffs are not interested to proceed. At the request of Ld. Adv for plaintiff, last chance granted to comply.
Keep it for dismissal order.
Adjourned for dismissal order of C/s and NM to 07.07.2026
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 07-07-2026
Date: 07-07-2026
Business: CORAM H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
Adv. Hussain for the plaintiff is present, urge that, he dont have the copy of Chs and NM.
It appears Chs and NM have not tendered by the plaintiff though sufficient opportunity have been granted since 2021. There is no progress as such. Plaintiff is also absent. It shows he is not interested to proceed. Even he has not tendered NM No. 1263/21, NM 1264/21 and Chs 786/2021. He is directed to tender the same on next date/dismissal.
Adv. Diya Jain h/f Adv. Mr. Dharmesh Vyas a/w Adv. Rupali Patil for defendant/MCGM is present.
Adjourned for dismissal to 16.07.2026
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 16-07-2026
Date: 16-07-2026
Business: CORAM H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
Plaintiff is absent.
Adv. Hussain for the plaintiff is present. They have not tendered
registered NM No. 1263/2021 and NM 1264/2021 and Chs 786/21, inspite of sufficient opportunity. Today it is kept for dismissal order. However, the Ld Adv. of plaintiff has urge that, the connecting matter is pending in the Honble High Court and today it is fixed for hearing, seeking adjournment as a last chance. O- Considering the same, last chance is granted.
Adv. Ms. Rupali Patil h/f Adv. Mr. Dharmesh Vyas for defendant/MCGM is present.
Adjourned for dismissal order to 06.08.2026.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 06-08-2026
Date: 06-08-2026
Business: CORAM H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
Adv. Hussain for the plaintiff is present.
Adv. Ms. Rupali Patil h/f Adv. Mr. Dharmesh Vyas for defendant/MCGM is present.
Adjourned for dismissal order to 18.08.2026.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 18-08-2026
Date: 18-08-2026
Business: CORAM H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
Adv. Hussain for the plaintiff is present and seeks time to take appropriate steps as Appeal From Order is pending before Honble High Court. O- Time is granted.
Adv. Ms. Rupali Patil for defendant/MCGM is present.
Adjourned for dismissal to 24.09.2026
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 24-09-2026
Date: 24-09-2026
Business: CORAM H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
Adv. Mubashir Hussein for the plaintiff is present and seeks time
to take appropriate steps as Appeal From Order is pending before Honble High Court. O-Time is granted.
However as the suit is pending here and plaintiff are absent since long without progress, therefore, plaintiff are directed to remain present before the Court to ensure what is the progress in Appeal From Order or whether they are interested to proceed or otherwise.
Adv. Ms. Rupali Patil for defendant/MCGM is present.
Adjourned for taking steps/ dismissal to 22.10.2026
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 22-10-2026Additional Case Details
Additional Case Details
Filing Number: 102681/2021 Filing Date: 12-03-2021 First Hearing Date: 07th September 2021 Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE
Orders
0No order text is available in this record.
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