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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

1

For Petitioner

For Respondent

    Not available

    Parties

    23

    Acts & Sections

    1
    Specific 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: 22-10-2026

    Additional 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

    0

    No order text is available in this record.

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