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SUIT - SHORT CAUSE CIVIL SUIT

Hussain Ahmed Khalique AhmedVsThe Chief Commissioner +1 more

CNR MHCC0100281020194-COURT 04 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHER
Decision Date: 12th September 2025

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
103016/2019
Registration Date
14 Nov 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    Hindu Marriage Act · Sec Order 39 · Rule 2

    Case History / Proceedings

    Case History
    Date: 25-11-2019
    Business: Adv. Mr. Kharatmol for Plaintiff present.
    Adv. Khandagle for MCGM/Deft. present.
    K.B.
    L.O. Same appearance.
    Heard both sides in respect of ad-interim relief.
                        ORDER ON AD-INTERIM RELIEF
    Perused plaint, documents annexed thereto, Notice of Motion and heard both sides.  In this suit the Plaintiff is challenging notice issued by Defendant/MCGM u/s 55 of The Maharashtra
    Regional and Town Planning Act, 1966 (hereinafter MRTP Act) for removal of alleged unauthorized temporary development. Learned advocate for the Plaintiff has vehemently argued that the suit premises i.e. alleged unauthorized temporary development is located in slum area and private land therefore notice under MRTP Act is without jurisdiction. Learned advocate for Plaintiff has also pointed out that the Plaintiff has voluminous documents showing his occupation in the suit premises prior to the year 2000.  However, the Plaintiff has to prove authorization of the suit structure by bringing approved plan from competent authority or toleration of the suit structure prior to the datum line in 1962.  The structures are protected under The Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 (hereinafter Slum Act) only when they are located in slum area.  In this case mere survey receipt is not sufficient to show that the suit premises is located in slum area.  Moreover, the Plaintiff has come up before the court challenging the notice and speaking order dated 18/08/2018 which means he is coming before the court after one year from the order.  In other words, the Plaintiff has failed to show any urgency. As submitted rightly by learned advocate for Defendant/MCGM, there is no bar to take action under MRTP Act on private land. For all the aforesaid reasons Plaintiff is not entitled for ad-interim relief.  Hence, ad-interim relief is rejected.
    Authenticated copies be given to the both parties.
    Case is adjourned to 02/03/2020 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 09-12-2019
    
    Date: 09-12-2019
    Business: (By precipe)(N.O.B. T.O.B.)
    Adv. Sarita Donde  for plaintiff present.
    Adv. Mr. S.C. Khandagale for Deft/MCGM present.
    KB
    LO
    Adv. Sarita Donde  for plaintiff present and tendered original N/M no 4722/19 along with affidavit in support and original register C/S no. 2221/19 along with affidavit.
    Adjd to 06-01-2020  for N/M and C/S Reply .
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 06-01-2020
    
    Date: 06-01-2020
    Business: Adv. Sarita for plaintiff present.
    Adv. Ms. Hajare h/f Khandagale for defendant / MCGM present and on her oral request, adjd. for filing reply on NM and CS.
    Adjd. for reply on NM and Ch/s to 22/1/2020.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 22-01-2020
    
    Date: 22-01-2020
    Business: Adv.sarita Donde for plaintiff present.
    Adv. Khandagle for MCGM/Deft. present.
    Time granted for filing ch/s No.2221/19.
    Matter adjd to 05.02.2020 for reply on ch/s and NM.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 05-02-2020
    
    Date: 05-02-2020
    Business: Adv. Mrs.Sarita Donde for plaintiff present.
    Adv. Khandagle for MCGM/Deft. present and given say on ch/s No.2221/19 itself.
    Order on ch/s No.2221/2019
    Heard adv. Sarita Donde for plaintiff .
    Heard Khandagale for defendant who strongly objected.
    The plaintiff wants to make amendment in the body of plaint by inserting subsequestial Acts then after filing of the Suit. Certainly it will not change nature and character of suit by due delision the plaintiff filed this ch/s to decide controversial issue on merit ch/s needs to be allowed.
    Accordingly I  pass following order-
    1.  Chamber Summons No.2221 of 2019 in terms of prayer
         clause (a) is made absolute.
    2.  Plaintiff to carry out amendment within two weeks.
    3.  Chamber Summons No. 2221 of 2019  is  disposed off
          accordingly.
     Matter adjd to  06.03.2020  for compliance/ NM reply.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 03-03-2020
    
    Date: 03-03-2020
    Business: NOB.TOB.By precipe.
    Adv.Sarita Donde for plaintiff present and request for extension of time to carry out amendment.
    O- Time is granted to 06.03.2020 to carry out amendment.
    Matter already adjd to 06.03.2020 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 06-03-2020
    
    Date: 06-03-2020
    Business: Adv. Madhvi Mahadik for plaintiff present.
    Adv. Khandagle for MCGM/Deft. present.
    On oral request of advocate for plaintiff, adjournment granted as last chance.
     Matter adjd to 29.04.2020 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 29-04-2020
    
    Date: 29-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: COMPLIANCE
    Next Hearing Date: 20-05-2020
    
    Date: 20-05-2020
    Business: In view of extension of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
    Next Purpose: COMPLIANCE
    Next Hearing Date: 08-06-2020
    
    Date: 08-06-2020
    Business: due to national lockdown
    Next Purpose: COMPLIANCE
    Next Hearing Date: 16-10-2020
    
    Date: 16-10-2020
    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. Khandagale for deft/MCGM present.
    Matter adjd to 05/02/2021 for Compliance (to serve the copy of amended plaint upon defts).
    Next Purpose: COMPLIANCE
    Next Hearing Date: 05-02-2021
    
    Date: 05-02-2021
    Business: None for plaintiff.
    Adv. Khandagle for deft/MCGM present.
    Plaintiff is directed to serve the copy of amended plaint upon defendant till next date.
    Matter adjd to 24/03/2021 for Compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 24-03-2021
    
    Date: 24-03-2021
    Business: Adv. Sarita Donde for plaintiff present.
    Adv. Khandagale for deft/MCGM present and requests for time to file reply to NM No.4722/19. Time is granted till next date.
    By Consent, Matter adjd to 31/03/2021 for Hearing on Ad-interim relief and NM Reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 31-03-2021
    
    Date: 31-03-2021
    Business: None for plaintiff.
    Adv. Khandagle for deft/MCGM present and requests for time to file reply to NM. Time is granted till next date.
    Plaintiff is directed to register the NM till next date.
    Matter adjd to 21/06/2021 for NM Reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 21-06-2021
    
    Date: 21-06-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 02-08-2021
    
    Date: 02-08-2021
    Business: Adv Jayashree Randhiye h/f Adv Sarita Donde for plaintiff present and requests for short adjournment. Short adjournment is granted.
    Adv Tondwalkar for defendant / MCGM present.
    Adv for defendant / MCGM has strongly objected for adjournment.
    Adjd. To 13/08/2021 for ad-interim hearing on NM NO.4722/19.
    Next Purpose: HEARING
    Next Hearing Date: 13-08-2021
    
    Date: 13-08-2021
    Business: Adv Mahadik h/f Adv Sarita Donde for plaintiff present and submitted that she wants to take out Ch/s and requests for time. Time is granted.
    Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
    Adjd. To 03/09/2021 for  ad-interim hearing.
    Next Purpose: HEARING
    Next Hearing Date: 03-09-2021
    
    Date: 03-09-2021
    Business: None for plaintiff.
    Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
    Adjd. To 20/09/2021 for ad-interim hearing.
    Next Purpose: HEARING
    Next Hearing Date: 20-09-2021
    
    Date: 20-09-2021
    Business: Plaintiff no.1 present. His advocate absent.
    Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
    Adjd. To 08/10/2021 for ad-interim hearing on NM No.4722/19.
    Next Purpose: HEARING
    Next Hearing Date: 08-10-2021
    
    Date: 08-10-2021
    Business: Plaintiff present. His advocate absent.
    Plaintiff and tendered draft Ch/s alongwith affidavit in support thereof. TOR. Leave is granted to register the Ch/s, returnable on next date. Copy be supplied to other side.
    Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
    Adjd. To 22/11/2021 for service / ad-interim hearing.
    Next Purpose: HEARING
    Next Hearing Date: 22-11-2021
    
    Date: 22-11-2021
    Business: Adv Sarita Donde for plaintiff present and requests for time to argue on Ch/s.
    Time is granted till next date.
    Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
    Plaintiff is directed to tender original registered Ch/s along-with affidavit of support thereof on next date.
    Adjd. To 12/01/2022 for service and hearing on Ch/s.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 12-01-2022
    
    Date: 12-01-2022
    Business: In view of office order no.7/2022 dated 07.01.2022 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06.01.2022 of Hon\''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s.
    Adjd. to 04/03/2022 for service and hearing on Ch/s.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 04-03-2022
    
    Date: 04-03-2022
    Business: None for plaintiff.
    Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
    Adjd. to 18/04/2022 for Ch/s hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 18-04-2022
    
    Date: 18-04-2022
    Business: Adv Sarita Donde for plaintiff present and requests for time to argue on Ch/s. Time is granted till next date.
    Adv Mrs Tondwalkar for defendant / MCGM is present.
    Advocate for plaintiff is directed to register the  Ch/s till next date.
    Adjd. To 01/07/2022 for Ch/s hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 01-07-2022
    
    Date: 01-07-2022
    Business: Adv. Sarita Donde for plaintiff present and tendered original Ch/S No. 905/2022, TOR.
    Adv. Mrs. Tondwalkar for defendant/ MCGM is present and requested time to file reply to Ch/S. Time is granted till next date.
    Adv. for plaintiff is directed to serve the copy of Ch/S on proposed deft. and also on deft./MCGM.
    Adjd. to 12/09/2022 for compliance by plaintiff/reply to Ch/S.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 12-09-2022
    
    Date: 12-09-2022
    Business: Adv. Sarita Donde for plaintiff present.
    Adv. Mrs. Tondwalkar for defendant/ BMC is present and requested time to file reply to Ch/S. Time is granted till next date.
    Adv. for plaintiff is directed to serve the copy of Ch/S on proposed deft. and also on deft./BMC.
    Adjd. to 03/10/2022 for compliance by plaintiff/reply to Ch/S.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 03-10-2022
    
    Date: 03-10-2022
    Business: Adv. Sarita Donde for plaintiff present.
    Adv. Mrs. Tondwalkar for defendant/ BMC is present and requested time to file reply to Ch/S. Time is granted till next date.
    Adv. for plaintiff is directed to serve the copy of Ch/S on proposed deft. and also on deft./BMC.
    Adjd. to 04/11/2022 for compliance by plaintiff, Ch/S reply.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 04-11-2022
    
    Date: 04-11-2022
    Business: P.O. is on leave.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 25-11-2022
    
    Date: 25-11-2022
    Business: As Court is busy in hearing High Court time bound N/M No.2201/2019 in Suit No.1414/2019. Hence, matter is adjourned.
    Adjd. to 17/02/2023 for compliance by plaintiff, Ch/S reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 17-02-2023
    
    Date: 17-02-2023
    Business: As Court is busy in urgent N/M and ad-interim hearing, board is discharged.
    Adjd. to 26/04/2023 for compliance by plaintiff, Ch/S reply.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 26-04-2023
    
    Date: 26-04-2023
    Business: Adv. Sarita Donde for plaintiff is present and tendered affidavit of service
    Adv. Mr. Suryavanshi for defendant / BMC is present and has given say to C/S NO. 905/2022.
    Order below C/S. No. 905/2022
    The plaintiff has taken C/S under order 1 rule 10 (2) of the CPC for impleading respondent Mahesh Ramji Kukareja as a party defendant. It is submitted that the officer of the corporation written plaintiff to demolish the notice structure on 26.11.2019 and thereafter officer of the corporations with the help of respondent visited the suit premises / structure. The officer of the corporation submitted illegal act as such respondent is a necessary party to the suit.
          Notice sent to Respondent through RPAD returned unserved with postal remark refused. Corporation opposed C/S stating that in a suit to challenge notice issued u/S 55 of MRTP Act only necessary party is corporation.
     Heard advocate for the parties.
             Advocate for the plaintiff submitted that plaintiff is the dominus litis and it is for the plaintiff to decide who should be the party to the suit or who may be joined as a party to suit. The respondent refused to receive notice and did not remain present. It is stated by the plaintiff that respondent is proper and necessary party to the suit for effective and complete adjudication of dispute involved in suit. Therefore considering the contention made in the C/S I pass following order-
    ORDER
    1. Chamber Summons No. 905/2022 is made absolute in terms of prayer clause (a).
    2. Plaintiff is directed to carry out amendment within prescribed time
    3. Copy of amended plaint be served to other side.
    Adjd. to 28.06.2023 for Compliance and N/M hearing.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 28-06-2023
    
    Date: 28-06-2023
    Business: Advocate Sarita Donde for plaintiff present and seeks time to serve writ of summons upon defendant No. 3 and amended copy of plaint upon defendant No. 1 and 2/BMC.
    Advocate Suryavanshi for defendant No.1 and 2/BMC present.
    Adjd to 26.09.2023 to  service of writ  of summons upon def NO. 3 and service of copy of amended plaint of def No. 1 and 2
    Next Purpose: SERVICE
    Next Hearing Date: 26-09-2023
    
    Date: 26-09-2023
    Business: None present for plaintiff
    Advocate Mhatre for defendant/BMC present.
    Matter is pending for writ of summon upon deft No. 3 and service of amended plaint upon deft No. 1 and 2. hence matter adjourned for service of writ of summons upon deft No. 3 and service of copy of amended plaint to deft No .1 and 2
    Adjd  to 15.02.2024  for service of writ of summons upon deft No. 3 and service of copy of amended plaint to deft NO .1 and 2
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 15-02-2024
    
    Date: 15-02-2024
    Business: None present for plaintiff.
    Advocate Jyoti Patil- Mhatre h/f Suryavanshi for defendant No.1 and 2/BMC present.
    suit is of year 2019 and pending since long for service of writ of summon upon deft no. 3 but plaintiff has not served writ of summons. Hence matter adjourned and kept for dismissal of suit against deft NO. 3 and service of amended plaint upon deft No. 1 and 2
    Adjd  to 24.04.2024  for dismissal of suit against deft No. 3 and service upon deft No. 1 and 2
    Next Purpose: SUIT DISMISSAL
    Next Hearing Date: 24-04-2024
    
    Date: 24-04-2024
    Business: Advocate  Sarita Donde h/f Kharatmol for plaintiff present and tendered application  for extension of time to serve summons upon deft No. 3 marked as Exh. 4
    Advocate Suryavanshi for defendant No. 1 and 2/BMC present.
    Adjd  to  01.07.2024   for service of amended plaint upon deft No. 1 and 2 and service of summons upon deft No. 3
    Next Purpose: SERVICE
    Next Hearing Date: 01-07-2024
    
    Date: 01-07-2024
    Business: Advocate Sarita Donde for plaintiff requested time to serve writ of summons upon newly added deft No. 3 and also Deft No. 1 and 2, hence matter adjourned.
    Advocate Vyawahare   for defendant N./BMC present.
    Adjd  to 07.08.2024  for service of writ of summons upon newly added deft No. 3 and D- 1 and 2/NM Reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 07-08-2024
    
    Date: 07-08-2024
    Business: Advocate Sarita Donde for plaintiff present and requested time to serve writ of summons upon deft No. 3. Suit is of year 2019 and since long it is pending for writ of summons. Hence time is granted as a last chance.
    Advocate  Honmane  for defendant/BMC present and seeks time to file reply to NM. Time is granted as a last chance
    Adjd  to  23.09.2024   for NM Reply and service of writ of summons
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 23-09-2024
    
    Date: 23-09-2024
    Business: Advocate Sarita Donde  for plaintiff present and tendered writ of summons alongwith draft Chamber summons @ affidavit in support to bring on record LRs of deceased plaintiff.
    O – Leave granted to register ch/s.
    Adv for plaintiff served writ of summons upon deft/BMC below Exh. 5
    Advocate Honmane  for defendant No. 1 and 2/BMC present and received writ of summons.
    Adjd  to  04.11.2024 for service of ch/s upon defendants / writ of summons upon deft No. 3 and WS by deft/BMC.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 04-11-2024
    
    Date: 04-11-2024
    Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
    Advocate Sarita Donde for plaintiff present and tendered registered ch/s 2197/2024.
    Advocate  Honmane  for defendant no.1 and 2/BMC present and requested time to file reply to ch/s. hence time  granted as a last chance.
    None present for deft No. 3
    Adjd  to 25.11.2024  for ch/s Reply
    Next Purpose: C/S REPLY
    Next Hearing Date: 25-11-2024
    
    Date: 25-11-2024
    Business: Adv. Zende for plaintiff present.
    None for defendant No.3.
    Adv. Honmane for defendant Nos.1 and 2 present and filed reply to ch/s.
    Heard both sides.
    Adv. for plaintiff tendered true copy death Certificate of plaintiff. t.o.r. and marked as Exh.6.
    O- Production is allowed.
    Heard both sides on ch/s.
    Adjourned for ch/s order to 09.12.2024
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 09-12-2024
    
    Date: 09-12-2024
    Business: As HHJ gone for Medical Check-up, board is discharged and matter is adjourned.
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 17-12-2024
    
    Date: 17-12-2024
    Business: Advocate Sarita Donde for plaintiff present.
    Advocate  Swapnil Bharti   for defendant/BMC present.
    As Court is busy in ( Targeted suit ) Judgment in suit No. 2391/2011 and 1266/13 and ad-interim hearing/order, hence matter adjourned
    Adjd  to 06.01.2025 for  ch/s order
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 06-01-2025
    
    Date: 06-01-2025
    Business: CORAM : H.H.J. SHRI. A.G. SANTANI ( C.R. No. 04 )
    Adv. Ms. Sarita Donde a/w Adv. Mr. Kedar Prabhu for the plaintiff is present. Adv. Ms.Sangita Honmane for defendant Nos.1 and 2/ MCGM is present. She filed reply-cum-written statement. Taken on record. It is marked as Exhibit 7. She also filed list of documents. Taken on record. It is marked as Exhibit 8. O- Filed. Copies are supplied to the other side. She submitted that this reply be also treated as reply for both the NMs. None present for defendant No. 3. Heard both the sides Ch/s.
    F.R.S.R the following Order is passed on Ch/s. No. 2197/2024.
    -: O R D E R :-
    (i).	Chamber Summons No. 2197/2024 is made absolute in 	terms of Clause (a) only. Consequently, the applicants are 	called upon to carry out the proposed amendment/ 	substitution in the plaint, positively till the next date, and to 	file copy of amended plaint simultaneously.
    (ii).	Chamber Summons No. 2197/2024 is, accordingly,
    	disposed of.
    Adjourned for Compliance/NM hearing to 24.02.2025
    Next Purpose: COMPLIANCE
    Next Hearing Date: 24-02-2025
    
    Date: 24-02-2025
    Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
    Plaintiff No. 1(a) is present in person. Adv. Mr. Kedar Prabhu h/f Adv. Ms. Sarita S. Donde for plaintiff is present. He informed that the amendment is carried and sought longer date to tender amendment plaint. Time is granted. Adv. Ms. Sangita Honmane for defendant Nos. 1 and 2/MCGM is present. None present for defendant No. 3.
    Adjourned for filing amendment Plaint/NM hearing to 23-04-2025.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-04-2025
    
    Date: 23-04-2025
    Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
    Plaintiff 1(b) is present and sought time to file amended plaint, as his Advocate is absent. Time is granted. Adv. Ms. Sangita Honmane for defendant nos. 1 and 2/MCGM is present.
    Adjourned for filing amended plaint/NM hearing to 07.07.2025.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-07-2025
    
    Date: 07-07-2025
    Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
    None present for the plaintiff. Adv. Ms. Sangita Honmane for defendant/MCGM is present.
    keep back
    Later on at 3.53 pm.
    None present for the plaintiff.  Rest appearance is as above.
    The following Order is passed in NM No.1393/2019:
    ORDER
    	Today none present for the plaintiff. There is no separate application tendered on record seeking adjournment. While the matter was fixed for NM hearing and tendering amended plaint, neither nor their Advocate opt to remain present. They have not taken positive steps to proceed with NM hearing. It is not persuaded effectively. There is no reason before this Court to postpone present NM on next date for the same purpose. Even after demise of original plaintiff his LRs are brought on record which may deserves deliberation. I believe plaintiffs have lost their interest to persuaded present NM. It deserves dismissal in default. Ergo the Order.
    01	Notice of Motion NO. 1393/2019 is dismissed in default with 	liberty to the plaintiff to move NM afresh, if any.
    02.	Notice of Motion No. 1393/2019 is disposed of accordingly.
    The following Order is passed in NM No. 4722/2019 :
    ORDER
    Today none present for the plaintiff. There is no separate application tendered on record seeking adjournment. While the matter was fixed for NM hearing and tendering amended plaint, neither nor their Advocate opt to remain present. They have not taken positive steps to proceed with NM hearing. It is not persuaded effectively. There is no reason before this Court to postpone present NM on next date for the same purpose. Even after demise of original plaintiff his LRs are brought on record which may deserves deliberation. I believe plaintiffs have lost their interest to persuaded present NM. It deserves dismissal in default. Ergo the Order.
    01	Notice of Motion No. 4722/2019 is dismissed in default with 	liberty to the plaintiff to move NM afresh, if any.
    02.	Notice of Motion No. 4722/2019 is disposed of accordingly.
    Adjourned for amended plaint/Compliance/dismissal to 25.08.2025.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 25-08-2025
    
    Date: 25-08-2025
    Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
    None for the plaintiff is present.
    Adv. Sangita Honmane for defendant/MCGM is present.
    No steps taken by the plaintiff.
    Adjourned for amended plaint/Compliance/dismissal to 12.09.2025.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 12-09-2025
    
    Date: 12-09-2025
    Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
    None present for the plaintiff.
    Adv. Ms. Sangita Honmane for defendant/MCGM is present.
    keep back
    later on at 12.55 pm
    None present for the plaintiff. Rest appearance is as above.
    Keep back
    Later on at 1.55 pm
    None present for the plaintiff. Rest appearance is as above.
    Record reveals that suit was fixed for compliance's wherein LRs of the plaintiff opt to remain absent. They have not tendered amendment plaint. No steps are taken to proceed with the suit. Even Ld adv for defendant/MCGM submitted that the notice structure is already demolished. In view of aforesaid scenario I proceed to pass following order below Exhibit 1
    Order below exhibit No. 01:
           Today, the plaintiffs  are absent to proceed with the matter. Though the matter is  fixed for taking steps and compliance's
    None of the plaintiff opts to remain present. Despite specific direction they have not proceeded with the suit. It seems as of now they have lost their interest in the suit. Hence suit stands dismissed for want of prosecution and compliance. All the pending applications are filed. He is called upon to bear the costs of the litigation. Bill of costs be drawn-up accordingly.
    The Original documents, if any, filed on record be returned to the respective parties, on their submitting its Certified Copies, if the documents are exhibited, or Self-attested True Copies, if the documents are not exhibited, along-with undertaking to furnish the originals as and when required by the Court. The concerned Department to do the needful. The proceeding is closed.
    Nature Of Disposal: OTHER
    Disposal Date: 12-09-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 103035/2019
    Filing Date: 12-03-2019
    First Hearing Date: 25th November 2019
    Decision Date: 12th September 2025
    Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    12 Sept 2025

    Order Details: Other Pdf Text: 96 Dt:12.09.2025 SU 3016/19 CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04) None present for the plaintiff. Adv. Ms. Sangita Honmane for defendant/MCGM is present. keep back later on at 12.55 pm None present for the plaintiff. Rest appearance is as above. Keep back Later on at 1.55 pm None present for the plaintiff. Rest appearance is as above. Record reveals that suit was fixed for compliance's wherein LRs of the plaintiff opt…

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