Order Details: Other Pdf Text: 9 Dt:11.08.2025 SU 749/18 CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04) None present for the plaintiff. Adv. Ms. Vidya Vyavhare for defendant/MCGM is present. keep back Later on at 12.30 p.m None present for the plaintiff. Rest appearance is as above. Order Below Exhibit 1 : It appears that the suit was fixed for tendering evidence affidavit wherein the plaintiff opt to remain absent. There is no separate application tendered on record…
SUIT - SHORT CAUSE CIVIL SUIT
Saira Ibrahim SayeedVsMCGM +1 more
CNR MHCC0100287820184-COURT 04 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 11th August 2025
TrustJury record updated 10 Sept 2026
Case Overview
- Registration Number
- 100749/2018
- Registration Date
- 16 Mar 2018
Advocates
2For Petitioner
For Respondent
Parties
3Petitioner
Respondent
Acts & Sections
1Bombay Tenancy and Agricultural Land (Vidarbha Region and Kutch Area) Act · Sec 39
Case History / Proceedings
Case History
Date: 08-06-2018 Business: None present for plaintiff. Adjd to 6.7.2018 for summons. Next Purpose: WRIT OF SUMMONS Next Hearing Date: 06-07-2018 Date: 06-07-2018 Business: Adv. And Plaintiff absent. Adv. Mr. Giri. for defendant / BMC present. Adjd. to 21.07.2018 for dismissal. Next Purpose: DISMISSAL Next Hearing Date: 21-07-2018 Date: 21-07-2018 Business: Court is on leave matter is adj to 20.08.2018 for Dismissal. Next Purpose: DISMISSAL Next Hearing Date: 20-08-2018 Date: 20-08-2018 Business: Adv. Rohit Naik for Plaintiff and tendered original writ of summons. Adv. Ms. Bhoir for defendant / BMC present. Plaintiff to provide copy of Plaint to the Corporation. Adjd. to 10.09.2018 for Direction. Next Purpose: DIRECTIONS Next Hearing Date: 10-09-2018 Date: 10-09-2018 Business: None for plaintiff. Adv. Bhoir for defendant no.1 / BMC present. None for deft. no. 2. Plaintiff to provided copy of plaint to the deft. corporation. Matter adjd. to 24.10.18 for Direction. Next Purpose: DIRECTIONS Next Hearing Date: 24-10-2018 Date: 24-10-2018 Business: None for plaintiff. Adv. Bhoir for defendant no. / BMC present. Plaintiff is directed to provided copy of plaint to the deft. corporation. Matter adjd. to 7.01.19 for Direction. Next Purpose: DIRECTIONS Next Hearing Date: 07-01-2019 Date: 07-01-2019 Business: As court is on leave today, hence Board is discharged. Reason For Adjournment: court time is over Next Purpose: DIRECTIONS Next Hearing Date: 27-02-2019 Date: 27-02-2019 Business: Court is on leave. Hence, matter is adjourned. Next Purpose: DIRECTIONS Next Hearing Date: 03-04-2019 Date: 03-04-2019 Business: Adv. Mr. Rohit Naik for Plff present. Adv. Mrs. Bhoir for MCGM/deft. present. Adv. for Plff requests for time to serve copy of plaint to Deft. Hence, adjourned. Adjd to 24/6/2019 for service. Next Purpose: SERVICE Next Hearing Date: 24-06-2019 Date: 24-06-2019 Business: None for plaintiff. Adv. Khandagle for MCGM/Deft. 1 present. None for def. no. 2. Adjd to 21.08.2019 for service. Next Purpose: SERVICE Next Hearing Date: 21-08-2019 Date: 21-08-2019 Business: As P.O. is on training at Uttan, matter is adjd. till next date. Next Purpose: SERVICE Next Hearing Date: 18-11-2019 Date: 18-11-2019 Business: None for plaintiff. Adv. Mr. S.C. Khandagale for Deft no. 1/MCGM present. None for defendant no. 2. Plaintiff and his Ld. advocate are absent when the matter is called on for hearing at 11.10 a.m. Hence kept for dismissal on next date. Adjd to 21-02-2020 for Dismissal Next Purpose: DISMISSAL Next Hearing Date: 21-02-2020 Date: 21-02-2020 Business: Adv.Kulakarni for plaintiff present. Adv. Khandagle for MCGM/Deft. present. Defendant No.2 is absent. It is submitted by the plaintiff that on next date he will file service as it is wrongly typed. Matter adjd to 17.06.2020 for Service/compliance. Next Purpose: SERVICE Next Hearing Date: 17-06-2020 Date: 17-06-2020 Business: Adjd to Next Purpose: SERVICE Next Hearing Date: 14-10-2020 Date: 14-10-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: SERVICE Next Hearing Date: 09-12-2020 Date: 09-12-2020 Business: None for plaintiff. Adv. Khandagale for deft no.1/MCGM present. None for deft no.2 Matter adjd to 05/03/2021 for Service/Compliance. Next Purpose: SERVICE Next Hearing Date: 05-03-2021 Date: 05-03-2021 Business: None for plaintiff. Adv. Khandagle for deft no.1/MCGM present. None for deft no.2. Matter adjd to 30/04/2021 for Service/Compliance. Next Purpose: SERVICE Next Hearing Date: 30-04-2021 Date: 30-04-2021 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: SERVICE Next Hearing Date: 05-07-2021 Date: 05-07-2021 Business: Due to Covid-19 pandemic, matter is adjourned. Next Purpose: SERVICE Next Hearing Date: 27-08-2021 Date: 27-08-2021 Business: HHJ is on leave. Next Purpose: SERVICE Next Hearing Date: 08-10-2021 Date: 08-10-2021 Business: None for plaintiff. Adv. Mrs. Tondwalkar for Defendant/MCGM is present. Matter be kept for steps. Adjd. To 20/12/2021 for taking steps by plaintiff. Next Purpose: FOR TAKING STEPS Next Hearing Date: 20-12-2021 Date: 20-12-2021 Business: None for plaintiff. Adv. Mrs. Tondwalkar for Defendant No.1/MCGM is present. None for Defendant No.2. Matter is adjd to 14/03/2022 for W.S. Next Purpose: WRITTEN STATEMENT Next Hearing Date: 14-03-2022 Date: 14-03-2022 Business: None for plaintiff. Adv Mrs Tondwalkar for defendant no.1/ MCGM is present and requests for time to file W/s. Time is granted till next date. None for defendant no.2. Adjd. To 22/04/2022 for W/s. Next Purpose: WRITTEN STATEMENT Next Hearing Date: 22-04-2022 Date: 22-04-2022 Business: None for plaintiff. Adv Mrs Tondwalkar for defendant no.1/ MCGM is present. None for defendant no.2. Adjd. To 11/07/2022 for w/s. Next Purpose: WRITTEN STATEMENT Next Hearing Date: 11-07-2022 Date: 11-07-2022 Business: None for plaintiff. Adv. Mrs. Tondwalkar for defendant No. 1/ MCGM is present and requested time to file W/S. Time is granted till next date. None for deft. No. 2. Plaintiff is directed to file affidavit of service regarding service upon deft. No. 2 on next date. Adjd. to 07/09/2022 for filing W/S by deft. No. 1/ for filing affidavit of service upon deft. No. 2, by plaintiff. Next Purpose: WRITTEN STATEMENT Next Hearing Date: 07-09-2022 Date: 07-09-2022 Business: None for plaintiff. Adv. Mrs. Rawade h/f Adv. Mrs. Tondwalkar for defendant No.1/ BMC is present filed W/S and list of documents, TOR and marked as Exh.2 and Exh.3 respectively. Copies be served to other side. Plaintiff is directed to file affidavit of service regarding service upon deft. No.2 on next date. Adjd. to 07/10/2022 for filing affidavit of service regarding service upon deft. No.2. Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 07-10-2022 Date: 07-10-2022 Business: None for plaintiff. Adv. Mrs. Tondwalkar for defendant No.1/ BMC is present. None for deft. No.2. Adjd. to 18/11/2022 for filing affidavit of service regarding service upon deft. No.2. Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 18-11-2022 Date: 18-11-2022 Business: None for plaintiff. Adv. Mr. Sutar h/f Adv. Mrs. Tondwalkar for defendant/ BMC is present. Matter is pending since long for affidavit of service for deft. No.2 but roznama shows that neither plaintiff nor his advocate are appearing hence, suit is adjourned for necessary order for not taking steps against deft. No.2. Adjd. to 06/02/2023 for necessary order against deft. No.2. Next Purpose: ORDER Next Hearing Date: 06-02-2023 Date: 06-02-2023 Business: None for plaintiff. Adv. Mr. Suryavanshi for defendant No.1/ BMC is present. None for defendant No.2. K.B. L.O. Same appearance. As Court is busy in hearing Ch/S No.138/2023. Hence, matter is adjourned. Adjd. to 03/03/2023 for necessary order against deft. No.2. Next Purpose: ORDER Next Hearing Date: 03-03-2023 Date: 03-03-2023 Business: None for plaintiff. Adv. Mr. Suryavanshi for defendant No.1/ BMC is present. None for defendant No.2. Suit is filed in February, 2018 and since then it is pending for writ of summons for defendant No.2. Roznama shows that since many dates neither plaintiff nor his advocate present and not filed writ of summons of defendant No.2. Plaintiff is directed to file writ of summons for service affidavit on defendant No.2. Adjd. to 05/07/2023 for filing writ of summons for service affidavit by defendant No.2. Next Purpose: WRIT OF SUMMONS Next Hearing Date: 05-07-2023 Date: 05-07-2023 Business: P O Court is on leave Next Purpose: WRIT OF SUMMONS Next Hearing Date: 29-09-2023 Date: 29-09-2023 Business: None present for plaintiff. Advocate Suryavanshi for defendant No. 1/BMC present. Plaintiff is directed to serve writ of summons upon deft No. 2 and file affidavit of service on next date. Adjd to 10.01.2024 for Service of writ of summons upon deft No. 2. Next Purpose: WRIT OF SUMMONS Next Hearing Date: 10-01-2024 Date: 10-01-2024 Business: None present for plaintiff Advocate Suryavanshi for defendant No.1/BMC present. None present for deft No. 2 Plaintiff has not taken steps to serve summons to deft No. 2. Hence isuse writ of summons to deft No. 2 through Bailiff of office of the Sheriff of Mumbai. Plaintiff to provide plaint and document within week to be served upon deft No. 2. Adjd to 15.03.2024 for service of writ of summons upon deft No. 2. Next Purpose: WRIT OF SUMMONS Next Hearing Date: 15-03-2024 Date: 15-03-2024 Business: None present for plaintiff. Advocate Suryavanshi for defendant No.1/BMC present. Adjd to 26.06.2024 for service of writ of summons upon deft No. 2 Next Purpose: WRIT OF SUMMONS Next Hearing Date: 26-06-2024 Date: 26-06-2024 Business: None present for plaintiff Advocate Vywahare for defendant/BMC present. Suit is of year 2018 and plaintiff has not taken to serve writ of summons upon D-2, hence suit is dismissed against D-2 for want of prosecution. Adjd to 09.09.2024 for Hearing on issues and draft issues. Next Purpose: DRAFT ISSUES Next Hearing Date: 09-09-2024 Date: 09-09-2024 Business: None for plaintiff present. Advocate Honmane h/f Adv. Botlawar for defendant no. 1/BMC present. None for defendant no. 2. Draft issues not submitted by parties. Adjd to 19-10-2024 for framing issues. Next Purpose: FRAMING ISSUES Next Hearing Date: 19-10-2024 Date: 19-10-2024 Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 ) None for plaintiff. Advocate Pooja Nagarthawar for defendants/BMC present. As Court is busy in order in Ch/s No. 68/2024 and Ch/s 66/2024 and in NM No. 1386/23. Hence due to paucity of time matter adjourned. Adjd to 23/10/2024 for framing of issues. Next Purpose: FRAMING ISSUES Next Hearing Date: 23-10-2024 Date: 23-10-2024 Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 ) None present for plaintiff Advocate Sujata Puri for defendant/BMC present. Exh. 4 - Issues framed Adjd to 06.12.2024 for list of witness and R.E. Next Purpose: RECORDING EVIDENCE Next Hearing Date: 06-12-2024 Date: 06-12-2024 Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 ) None present for plaintiff Advocate Honmane for defendant/BMC present. Adjd to 21.02.2025 for R.E. Next Purpose: RECORDING EVIDENCE Next Hearing Date: 21-02-2025 Date: 21-02-2025 Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04) None present for the plaintiff. Adv. Ms. Sangita Honmane h/f Adv. Ms. Sujata Puri for defendant No.1/MCGM is present. None present for defendant No. 2. Adjourned for RE. to 16.04.2025. Next Purpose: RECORDING EVIDENCE Next Hearing Date: 16-04-2025 Date: 16-04-2025 Business: P. O. is on leave. Hence, Matter is adjourned. Next Purpose: RECORDING EVIDENCE Next Hearing Date: 14-07-2025 Date: 14-07-2025 Business: Court is on leave Next Purpose: RECORDING EVIDENCE Next Hearing Date: 11-08-2025 Date: 11-08-2025 Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04) None present for the plaintiff. Adv. Ms. Vidya Vyavhare for defendant/MCGM is present. keep back Later on at 12.30 p.m None present for the plaintiff. Rest appearance is as above. Order Below Exhibit 1 : It appears that the suit was fixed for tendering evidence affidavit wherein the plaintiff opt to remain absent. There is no separate application tendered on record seeking adjournment. In the backdrop the plaintiff consistently remain absent. This conduct of the plaintiff shows that now he has lost his interest in the suit. Therefore there is no reason to postpone instant matter on next date for the same purpose. It is only due to absence of the plaintiff the suit could not proceed ahead and therefore considering the age of the lis, this Court is constrained to pass dismissal order. Ergo the Order. ORDER 01. Suit is dismissed for want of prosecution vide Order XVII Rule 3 r/w Order IX Rule 8 of the Code of Civil Procedure 1908. 02. The plaintiff to bear costs of this suit. Bill of costs be drawn-up. 03. 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. 04. The proceeding is closed accordingly. Nature Of Disposal: DISMISSED IN DEFAULT Disposal Date: 11-08-2025
Additional Case Details
Additional Case Details
Filing Number: 103204/2018 Filing Date: 26-02-2018 First Hearing Date: 08th June 2018 Decision Date: 11th August 2025 Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE
Orders
2Final Order 1Full order available
11 Aug 2025
Order 1Full order available
11 Aug 2025
Order Details: Other Pdf Text: 9 Dt:11.08.2025 SU 749/18 CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04) None present for the plaintiff. Adv. Ms. Vidya Vyavhare for defendant/MCGM is present. keep back Later on at 12.30 p.m None present for the plaintiff. Rest appearance is as above. Order Below Exhibit 1 : It appears that the suit was fixed for tendering evidence affidavit wherein the plaintiff opt to remain absent. There is no separate application tendered on record…
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