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SUIT - SHORT CAUSE CIVIL SUIT

Sampat Vishnu ManeVsThe commissioner +2 more

CNR MHCC01002919202011-COURT 11 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 19th October 2024

TrustJury record updated 28 Sept 2026

Case Overview

Registration Number
100211/2021
Registration Date
01 Feb 2021

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    4

    Acts & Sections

    1
    CODE OF CIVIL PROCEDURE · Sec Order 39 · Rule 2

    Case History / Proceedings

    Case History
    Date: 30-03-2021
    Business: Adv. Santosh Mahamuni for plaintiff present.
    Adv. Tondwalkar for deft./MCGM present.
    Plff is directed to serve Writ of Summons to defendants.
    Matter is adjourned for Writ of Summons to 24.06.2021.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 24-06-2021
    
    Date: 24-06-2021
    Business: Due to covid-19 matter adjourned to next date
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 31-08-2021
    
    Date: 31-08-2021
    Business: Court is Vacant. Matter is adj. to next date
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 28-10-2021
    
    Date: 28-10-2021
    Business: Court is Vacant. Matter is adj. to next date.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 16-12-2021
    
    Date: 16-12-2021
    Business: Plaintiff - Mr. Sampat Vishnu Mane is present.
    Adv. Mr. Santosh Mahamuni for plaintiff is present.
    Adv. Ms. Mhatre for Defendant/MCGM is present.
    Adv. for the defendant orally requested for time to file WS.
    Adjourned for WS to 08/02/2022.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 08-02-2022
    
    Date: 08-02-2022
    Business: Adv. Mr. Santosh Mahamuni for plaintiff is present.
    Adv. Ms. J.V. Mhatre for defendant/MCGM is present and orally requested for time to file WS. Granted.
    Adjourned for WS to 05.04.2022.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 05-04-2022
    
    Date: 05-04-2022
    Business: None present for plaintiff.
    Adv. Ms. J.V. Mhatre for defendant Nos. 1 and 2/MCGM is present and orally requested for time to file WS. Granted.
    None present for defendant No.3. The suit is posted for Orders against him.
    Adjourned for WS/No WS Order against defendant No.3 to 19.07.2022.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 19-07-2022
    
    Date: 19-07-2022
    Business: Adv. Ms.  Kavita Kondhalkar for the plaintiff is present and tendered draft NM along-with affidavit. Leave is granted to register till the next date. Copy is supplied to the other side.
    Adv. Mrs. J.V. Mhatre for defendant Nos. 1 and 2/MCGM is present and orally requested for keeping back the matter.
    None present for defendant No.3.
    KB at 04:00 pm.
    Advocate for defendant Nos. 1 and 2 filed written statement. TOR. It is marked at Exh.02.
    The plaintiff is called upon to ensure service of suit summons and NM on defendant No.3.
    Adjourned for writ of summons/steps/NM reply to 15.09.2022.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 15-09-2022
    
    Date: 15-09-2022
    Business: Adv. Santosh Mahamuni for the plaintiff is present and filed original writ of summons. TOR. It is marked at Exh.02 . O-Filed.  It seems that this writ of summons is not bearing baileef report. He orally requested for keeping back the matter.
    Adv. J.S. Mhatre for defendant Nos. 1 and 2/MCGM is present and filed list of documents. TOR. It is marked at Exh.03. O- Filed.
    Copy is  supplied to the other side.
    None present for defendant No. 3.
    KB LO at 03:26 pm.
    None present for the plaintiff. He is directed to secure due service of summons.
    Adjourned for tendering registered NM/writ of summons to 10.11.2022.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 10-11-2022
    
    Date: 10-11-2022
    Business: Adv. Ms. Kavita Kondalkar for the plaintiff is present and orally requested time to file compliance. Time is granted.
    Adv. Ms. J.V. Mhatre for defendant/MCGM is present.
    Adjourned for tendering registered NM/writ of summons to 06.01.2023.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 06-01-2023
    
    Date: 06-01-2023
    Business: PO is on leave
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 09-03-2023
    
    Date: 09-03-2023
    Business: The plaintiff is present in person. He informed that his advocate is busy in other matters and baileef report is awaited.
    Adv. Mrs. S.S. Chavan for defendant/MCGM is present.
    Adjourned for tendering registered NM/writ of summons to 20.04.2023.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 20-04-2023
    
    Date: 20-04-2023
    Business: None present for plaintiff.
    Adv. Mrs. S.G.Chavan for the defendant/MCGM is present.
    Adjourned for NMwrit of summons to 22.06.2023.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 22-06-2023
    
    Date: 22-06-2023
    Business: None present for the plaintiff to proceed with the suit.
    Adv. Ms. S.S. Chavan for defendant No.1 and 2/MCGM is present and orally requested for time to file NM reply/WS. Time is granted.
    Rest of the defendants are absent.
    Adjourned for Writ of summons /NM reply to 22.08.2023
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 22-08-2023
    
    Date: 22-08-2023
    Business: None present for the plaintiff to file writ of summons.
    Adv. Mr. S.C. Khandagale h/f Adv. Mrs. Chavan for defendant
    Nos. 1 and 2/ MCGM is present and requested time to file NM reply/WS. Time is granted. Rest of the defendants are absent.
    Adjourned for wirt of summons/NM reply/WS to 17.10.2023.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 17-10-2023
    
    Date: 17-10-2023
    Business: None present for the plaintiff to file writ of summons.
    Adv. Mr. Khandagale h/f Adv. Mrs. Chavan for defendant Nos. 1  and 2/MCGM is present and requested time to file NM reply/WS. Time is granted. None present for defendant No.3.
    Adjourned for writ of summons/NM reply/WS to 14.12.2023.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 14-12-2023
    
    Date: 14-12-2023
    Business: None present for the plaintiff.
    Adv. Mr. Khandagale for defendant Nos. 1 and 2/MCGM is present and requested time to file NM reply/WS. Time is granted.
    Rest of the defendants are absent.
    Adjourned for filing writ of summons/WS to 17.02.2024.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 17-02-2024
    
    Date: 17-02-2024
    Business: None present for the plaintiff to tender registered NM and to file writ of summons. Hence, it is posted for dismissal.
    Adv. Mr. Khandagale for defendant Nos. 1 and 2 MCGM is present.
    Adjourned for NM dismissal/filing writ of summons to 20.04.2024.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 20-04-2024
    
    Date: 20-04-2024
    Business: PO is on leave.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 11-07-2024
    
    Date: 11-07-2024
    Business: None present for the plaintiff to tender registered NM. Hence, NM No. 3068/2022 stands disposed of.
    Adv. Mr. S.R. Yadav a/w Adv. Ms. Nagarthawar for defendant Nos. 1 and 2/ MCGM is present. Rest of the defendants are absent.
    Adjourned for tendering registered NM (disposed of)/writ of summons/dismissal to 06.09.2024.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 06-09-2024
    
    Date: 06-09-2024
    Business: None present for the plaintiff to tender registered NM (disposed of) and writ of summons. Hence, the matter is posted for dismissal.
    Adv. Mrs. S.R. Charatkar for defendant Nos. 1 and 2/MCGM is present.
    Adjourned for dismissal to 19.10.2024.
    Next Purpose: DISMISSAL
    Next Hearing Date: 19-10-2024
    
    Date: 19-10-2024
    Business: None present for the plaintiff. Adv. Mr. S.R. Yadav for defendant Nos.1 and 2/MCGM is present. Rest of the defendants are absent.
    The matter is kept back.
    Later on 12.50 p.m.
    The appearance is as above.
    Order below Exhibit No. 01
          The record shows that the plaintiff is absent to proceed further with the matter since last considerable time and hence, it is posted for dismissal order. Even today, he was absent and hence, the suit was kept back for his appearance, but in vain. Nor, any stay order is communicated on record. He is absent even to tender the registered NM No. 3068/2022 (disposed of on 11.07.2024). It is, thus, clear that he is not worried to proceed further with the suit. In the result, the suit is dismissed for want of his prosecution. All the pending applications are filed. The parties to bear their own costs of litigation. Bill of costs be drawn-up accordingly.
    The Original documents 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: DISMISSED IN DEFAULT
    Disposal Date: 19-10-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 103256/2020
    Filing Date: 06-03-2020
    First Hearing Date: 30th March 2021
    Decision Date: 19th October 2024
    Court Number And Judge: 11-COURT 11  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    19 Oct 2024

    Order Details: Other Pdf Text: 19.10.2024 CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11) Sr. No. 19 SU 211/21 None present for the plaintiff. Adv. Mr. S.R. Yadav for defendant Nos.1 and 2/MCGM is present. Rest of the defendants are absent. The matter is kept back. Later on 12.50 p.m. The appearance is as above. Order below Exhibit No. 01: The record shows that the plaintiff is absent to proceed further with the matter since last considerable time and hence, it…

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