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SUIT - SHORT CAUSE CIVIL SUIT

Shadab Ladle Husain SayedVsMCGM

CNR MHCC0100305120204-COURT 04 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 21st June 2025

TrustJury record updated 28 Sept 2026

Case Overview

Registration Number
101028/2020
Registration Date
12 Mar 2020

Advocates

1

For Respondent

    Not available

    Parties

    2

    Respondent

    1. 1MCGM

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 08-06-2020
    Business: due to national lockdown
    Next Purpose: DIRECTIONS
    Next Hearing Date: 12-10-2020
    
    Date: 12-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: DIRECTIONS
    Next Hearing Date: 18-12-2020
    
    Date: 18-12-2020
    Business: None for the plaintiff.
    Adv. Mrs. Hajare h/f Adv Khandagale for Defendant/MCGM present.
    Earlier order, if any, to continue till next date.
    Matter adjd to 05.02.2021 for Submission of documents/Ad-Interim Hearing.
    Next Purpose: HEARING
    Next Hearing Date: 05-02-2021
    
    Date: 05-02-2021
    Business: Adv. Mr. Karan Gajra h/f Adv. S. K. Bhosle for plaintiff present and requests for time. Time is granted.
    Adv. Khandagle for deft/MCGM present.
    Matter adjd to 08/03/2021 for Submission of documents/Ad-interim hearing.
    Next Purpose: HEARING
    Next Hearing Date: 08-03-2021
    
    Date: 08-03-2021
    Business: Adv. S. K. Bhosle for plaintiff present and tendered original registered NM No.104/2021 alongwith affidavit in support. TOR.
    Adv. Khandagle for deft/MCGM present.
    Earlier order, if any, to continue till next date.
    Matter adjd to 07/04/2021 for Hearing on Ad-interim.
    Next Purpose: HEARING
    Next Hearing Date: 07-04-2021
    
    Date: 07-04-2021
    Business: Adv. S. K. Bhosle for plaintiff present.
    None for deft/MCGM.
    Earlier order, if any, to continue till next date.
    Matter adjd to 14/06/2021 for Ad-interim hearing.
    Next Purpose: HEARING
    Next Hearing Date: 14-06-2021
    
    Date: 14-06-2021
    Business: Due to Covid-19, matter is adjd to
    Next Purpose: HEARING
    Next Hearing Date: 04-08-2021
    
    Date: 04-08-2021
    Business: (Matter pertains to C.R. NO.08)
    Adv S.K. Bhosale for plaintiff  present.
    Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
    Earlier order, if any, to continue till next date.
    Adjd. To 08/09/2021 for ad-interim hearing.
    Next Purpose: HEARING
    Next Hearing Date: 08-09-2021
    
    Date: 08-09-2021
    Business: Adv Sharad Bhosale for plaintiff present and tendered compilation of documents. TOR and marked as Exh.2.
    Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
    Earlier order, if any, to continue till next date.
    Adjd. To 22/09/2021 for ad-interim hearing.
    Next Purpose: HEARING
    Next Hearing Date: 22-09-2021
    
    Date: 22-09-2021
    Business: Adv Firoza Shaikh h/f Adv Sharad Bhosale for plaintiff present and and requests for time to argue on ad-interim reliefs. Time is granted till next date.
    Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
    Earlier order, if any, to continue till next date.
    Adjd. To 01/10/2021 for ad-interim hearing.
    Next Purpose: HEARING
    Next Hearing Date: 01-10-2021
    
    Date: 01-10-2021
    Business: CORAM - H.H.J. SMT S.G. SHAIKH, (C.R.NO.06)
    (Matter pertains to C.R. No.08)
    Adv S.K. Bhosale for plaintiff present.
    Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
    Earlier order, if any, to continue till next date.
    Adjd. To 27/10/2021 for ad-interim hearing.
    Next Purpose: HEARING
    Next Hearing Date: 27-10-2021
    
    Date: 27-10-2021
    Business: Adv. Firoza  Shaikh h/f. Adv. S.K. Bhosale for Plaintiff present and requests for time to argue on ad-interim reliefs. Time is granted till next date.
    Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
    Advocate for Plaintiff received copy of NM reply filed by Defendant/MCGM.
    Earlier order, if any, to continue till next date.
    Matter is adjd to 22/11/2021 for ad-interim hearing.
    Next Purpose: HEARING
    Next Hearing Date: 22-11-2021
    
    Date: 22-11-2021
    Business: Adv S.K. Bhosale for plaintiff present and filed rejoinder. Copy is served to the defendant.
    Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
    Earlier order, if any, to continue till next date.
    Adjd. To 10/01/2022 for NM hearing
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-01-2022
    
    Date: 10-01-2022
    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.
    Earlier order, if any, to continue till next date.
    Adjd. To 04/02/2022 for NM hearing
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-02-2022
    
    Date: 04-02-2022
    Business: In view of office order no.7/2022 dated 07.01.2022 and Office order No. 22/2022 dated 28.01.2022 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06.01.2022 and 27.01.2022 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.
    Earlier order, if any, to continue till next date.
    Adjd. to 14/03/2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-03-2022
    
    Date: 14-03-2022
    Business: Adv S.K. Bhosale  for plaintiff present.
    Adv Mrs Tondwalkar for defendant / MCGM is present.
    K.B.
    L.O. at 4.00 p.m.
    Same appearance.
    As connected Suit No.531/2020 is adjourned on 21.03.2022 for order on ad-interim, this matter is also adjourned till next date.
    Earlier order, if any, to continue till next date.
    Adjd. To 21/03/2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-03-2022
    
    Date: 21-03-2022
    Business: Adv S.K. Bhosale for plaintiff present and requests for time to argue on NM. Time is granted till next date.
    Adv Mrs Tondwalkar for defendant / MCGM is present.
    Earlier order, if any, to continue till next date.
    Adjd. To 01/04/2022 for NM Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-04-2022
    
    Date: 01-04-2022
    Business: Adv S.K. Bhosale for plaintiff present and requests for time to argue on NM. Time is granted till next date.
    Adv Mrs Rawade h/f Adv Tondwalkar for defendant / MCGM is present.
    Earlier order, if any, to continue till next date.
    Adjd. To 27/06/2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-06-2022
    
    Date: 27-06-2022
    Business: Adv. S. K. Bhosale for plaintiff present.
    Adv. Mrs. Tondwalkar for defendant/ MCGM is present.
    K.B.
    L.O. at 04.10 p.m.
    Same appearance.
    Adv. for plaintiff is submitted that he will produce copy of High Court order on next date.
    Earlier order, if any, to continue till next date.
    Adjd. to 08/07/2022 for N/M hrg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-07-2022
    
    Date: 08-07-2022
    Business: Adv. S. K. Bhosale for plaintiff present.
    Adv. Mrs. Tondwalkar for defendant/ MCGM is present.
    K.B. for N/M hrg.
    L.O.
    Same appearance.
    Adv. for plaintiff tendered list of documents, TOR and marked as Exh. 3.
    Heard both sides on N/M No. 104/2021.
    Earlier order, if any, to continue till next date.
    Adjd. to 18/07/2022 for order on N/M No. 104/2021
    Next Purpose: NM  ORDERS
    Next Hearing Date: 18-07-2022
    
    Date: 18-07-2022
    Business: None for plaintiff.
    Adv. Mrs. Tondwalkar for defendant/ MCGM is present.
    K.B.
    L.O.
    Adv. Praful Valvi h/f Adv. S. K. Bhosale for plaintiff present.
    Due to paucity of time, matter is adjourned till next date.
    Earlier order, if any, to continue till next date.
    Adjd. to 19/07/2022 for N/M order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 19-07-2022
    
    Date: 19-07-2022
    Business: Adv. S. K. Bhosale for plaintiff present and tendered application for production of certain documents. Said application is TOR and marked as Exh. 4.
    Adv. Mrs. Chavan h/f Adv. Mrs. Tondwalkar for defendant/ MCGM is present.
    Earlier order, if any, to continue till next date.
    Adjd. to 29/07/2022 for production of documents by plaintiff.
    Next Purpose: FOR___________________
    Next Hearing Date: 29-07-2022
    
    Date: 29-07-2022
    Business: Adv. Ravindra Singh h/f Adv. S. K. Bhosale for plaintiff present  submitted that advocate on record is not feeling well. Hence, requested time. Time is granted till next date.
    Adv. Mrs. Tondwalkar for defendant/ MCGM is present.
    K.B.
    L.O.
    Adv. for plaintiff tendered application for adjournment, TOR and marked as Exh.5. O - Other side to say.
    Adv. for defendant/ MCG has given say on Exh. 5 overleaf.
    Order on Exh. 5 - The matter is kept for order on N/M. Hence, considering the reason and in the interest of justice time granted as last chance.
    Earlier order, if any, to continue till next date.
    Adjd. to 03/08/2022 for production of documents by plaintiff.
    Next Purpose: FOR___________________
    Next Hearing Date: 03-08-2022
    
    Date: 03-08-2022
    Business: Adv. S. K. Bhosale for plaintiff present tendered list of compilation (of judgments and circulars), TOR and marked as Exh. 6 and tendered written submission in N/M, TOR and marked as Exh.7. Copies are supplied to other side.
    Adv. Mrs. Tondwalkar for defendant/ BMC is present.
    Heard further arguments of both sides on N/M No. 104/2021.
    Earlier order, if any, to continue till next date.
    Adjd. to 19/08/2022 for order on N/M No. 104/2021.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 19-08-2022
    
    Date: 19-08-2022
    Business: Adv. S. K. Bhosale for plaintiff present.
    Adv. Mrs. Tondwalkar for defendant/ BMC is present.
    Due to paucity of time, matter is adjourned.
    Earlier order, if any, to continue till next date.
    Adjd. to 07/09/2022 for N/M order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 07-09-2022
    
    Date: 07-09-2022
    Business: Adv. S. K. Bhosale for plaintiff present.
    Adv. Mrs. Tondwalkar for defendant/ BMC is present.
    Court busy in dictating order in Suit Nos. 1949/2008 and 1812/2015 and final arguments in Suit No. 3470/2014.
    Earlier order, if any, to continue till next date.
    Adjd. to 08/09/2022 for N/M orders.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 08-09-2022
    
    Date: 08-09-2022
    Business: Adv. Bhosale for plaintiff present.
    Adv. Mrs. Rawade h/f Adv. Mrs. Tondwalkar for defendant/ BMC is present.
    F.R.S.R. following order is passed on N/M No. 104/2021-
    O R D E R
    N/M No. 104/2021 is dismissed.
    K.B.
    L.O.
    Adv. for plaintiff tendered application for continuation of ad-interim for ten weeks as he wants to file appeal before the Hon\''ble High Court, said application is TOR and marked as Exh.8. Other side to say. Adv. for deft. Has given say on Exh.8 overleaf.
    O - Perused application and say and heard Adv. for parties. There was status quo duly pending of N/M. Hence, status quo extended for four weeks.
    Adjd. to 10/10/2022 for W/S.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 10-10-2022
    
    Date: 10-10-2022
    Business: None for plaintiff.
    Adv. Mrs. Tondwalkar for defendant/ BMC is present and filed pursis for treating reply to N/M as a W/S, marked as Exh.9.  Hence, N/M reply is treated as W/S, marked as Exh.10.
    Adjd. to 09/12/2022 for draft issues.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 09-12-2022
    
    Date: 09-12-2022
    Business: None for plaintiff.
    Adv. Mrs. Tondwalkar for defendant/ BMC is present.
    Adjd. to 17/02/2023 for draft issues.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 11-01-2023
    
    Date: 11-01-2023
    Business: N.O.B., T.O.B. (By preceipe).
    Adv. S. K. Bhosale for plaintiff present and tendered draft Ch/S, TOR. Leave is granted to register the same, returnable on next date. Copy be supplied to other side.
    Already adjd. to 17/02/2023 for draft issues and service and reply to draft Ch/S.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 17-02-2023
    
    Date: 17-02-2023
    Business: None for plaintiff
    Adv. Mr. Suryavanshi for defendant/ BMC is present.
    Plaintiff is directed to register original Ch/S till next date.
    Adjd. to 21/04/2023 for draft issues and service and reply to Ch/S
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 21-04-2023
    
    Date: 21-04-2023
    Business: Court is on leave, hence matter is adjourned to 19.06.2023.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 19-06-2023
    
    Date: 19-06-2023
    Business: Advocate Bhosale for plaintiff present and tendered registered Chamber Summons No.91/2023.
    Advocate Khandagale h/f Advocate Suryavanshi for defendant/BMC present.
    Copy of Chamber summons served upon defendant/BMC.
    Advocate for defendant request for time to file reply to Ch/s. O.-Granted.
    Adjd for Ch/s reply to 14.07.2023.
    Next Purpose: C/S REPLY
    Next Hearing Date: 14-07-2023
    
    Date: 14-07-2023
    Business: Advocate Latika h/f S.K.Bhosale  for plaintiff present.
    Advocate Suryavanshi for defendant/BMC present and has given reply on Ch/s No. 91/23 overleaf.
    Adjd  to 04.08.2023  for Ch/s Hearing
    Next Purpose: C/S  HEARING
    Next Hearing Date: 04-08-2023
    
    Date: 04-08-2023
    Business: None present for plaintiff
    Advocate Suryavanshi  for defendant/BMC present.
    Adjd  to 04.10.2023 for  ch/s Hearing
    Next Purpose: C/S  HEARING
    Next Hearing Date: 04-10-2023
    
    Date: 04-10-2023
    Business: None present for plaintiff.
    Adv. Ms. Dhuri for defendant/BMC present
    keep back
    L.O. 3.44 p.m.
    None present for plaintiff.
    It appears that plaintiff has taken out ch/s for adding M/s. Mighty Construction Pvt. Ltd. as a defendant but notice is not served upon it. Hence issue notice ch/s to respondent through Bailiff.
    Plaintiff to provide copy of ch/s to serve upon respondent.
    Adjd to 08.12.2023  for service of notice.
    Next Purpose: SERVICE
    Next Hearing Date: 08-12-2023
    
    Date: 08-12-2023
    Business: None present for plaintiff
    Advocate suryavanshi  for defendant/BMC present.
    The plaintiff has filed ch/s for mispleading respondent as a defendant. The plaintiff has not provided copy of ch/s as per order dated 04.10.2023.  Hence matter adjourned for service of ch/s upon respondent.
    Adjd  to 11.03.2023   for Service of ch/s
    Next Purpose: SERVICE
    Next Hearing Date: 11-03-2024
    
    Date: 11-03-2024
    Business: PO is on leave, hence board is discharged and matter is adjourned.
    Next Purpose: SERVICE
    Next Hearing Date: 19-04-2024
    
    Date: 19-04-2024
    Business: None present for plaintiff
    Advocate Suryavanshi  for defendant/BMC present.
    Adjd  to 28.06.2024   for service of ch/s upon respondent /Proposed deft No. 2
    Next Purpose: SERVICE
    Next Hearing Date: 28-06-2024
    
    Date: 28-06-2024
    Business: None present for plaintiff
    Advocate Botlawar for defendant/BMC present.
    The suit is pending for servic of chs upn respondent but none present for plaintiff. Hence no any steps taken. Hence matter adjourned for dismissal of ch/s for want of service upon  respondent.
    Adjd  to  07.08.2024   for ch/s dismissal
    Next Purpose: SERVICE
    Next Hearing Date: 07-08-2024
    
    Date: 07-08-2024
    Business: None present for plaintiff
    Advocate Botlawar  for defendant/BMC present.
    The suit is of year 2020 and sinc long it is pending for service of ch/s upon proposed deft but plaintiff has not taken steps to serve notice upon proposed defendant. Hence matter adjourned and kept today for dismissal of ch/s for want of service. Inspite of that none appeared for the plaintiff, this shows that plaintiff is not interested to proceed with the ch/s. hence ch/s No. 91/23 is dismissed for default.
    Adjd  to  09.10.2024  for writ  of summons upon deft/BMC.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 09-10-2024
    
    Date: 09-10-2024
    Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
    Advocate S. K. Bhosale for plaintiff present and requested time to take instruction from the plaintiff and to serve writ of summons. Time is granted as a last chance.
    Advocate  Botlawar  for defendant/BMC present.
    Adjd  to  17.12.2024  for service of writ of summons.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 17-12-2024
    
    Date: 17-12-2024
    Business: Advocate S. K. Bhosle  for plaintiff present and requested time to file writ of summons.
    Advocate  Swapnil Bharti   for defendant/BMC present.
    Adjd  to  20.02.2025    for service of writ of summons.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 20-02-2025
    
    Date: 20-02-2025
    Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
    None present for the plaintiff to serve writ of summons. Adv. Ms.Pooja Nagarthawar h/f Adv. Ms. Sujata Puri for defendant/ MCGM is present.
    Adjourned for writ of summons to 04.04.2025
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 04-04-2025
    
    Date: 04-04-2025
    Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
    None present for the plaintiff to tender writ of summons. Hence, the suit is posted for dismissal. Adv. Ms. Sangita Honmane for defendant/MCGM is present.
    Adjourned for dismissal to 21.06.2025.
    Next Purpose: DISMISSAL
    Next Hearing Date: 21-06-2025
    
    Date: 21-06-2025
    Business: CORAM : H.H.J. SHRI. A.A LAULKAR (C.R. No. 04)
    None present for the plaintiff. Adv. Ms. Pooja Nagarthawar h/f Adv. Mrs. Vyavhare for defendant/MCGM is present.
    keep back
    Later on at 1.30 pm
    None present for the plaintiff. Rest of the appearance is same.
    Order below exhibit No. 01:
           Even today, the plaintiff is absent to proceed with the matter. Though the matter is filed in the year of 2020, till date the plaintiff couldn't ensure due service of the suit summons on the defendants, even after specific directions. It seems that she is absent since last considerable time for no justified reasons. Nor any Order, staying this proceeding, is brought to notice of this Court. It is, thus, clear that the plaintiff lost her interest in the suit. Hence, the suit stands dismissed Under Order IX, Rule 2 of the CPC, 1908. 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 proceeding is closed.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 21-06-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 103393/2020
    Filing Date: 11-03-2020
    First Hearing Date: 08th June 2020
    Decision Date: 21st June 2025
    Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    21 Jun 2025
    Order Details: Other
    Pdf Text: 14 Dt:21.06.2025
    SU 1028/20
    CORAM : H.H.J. SHRI. A.A LAULKAR (C.R. No. 04)
    None present for the plaintiff. Adv. Ms. Pooja Nagarthawar h/f
    Adv. Mrs. Vyavhare for defendant/MCGM is present.
    keep back
    Later on at 1.30 pm
    None present for the plaintiff. Rest of the appearance is same.
    Order below exhibit No. 01:
    Even today, the plaintiff is absent to proceed with the matter.
    Though the matter is filed in the year of 2020, till date the
    plaintiff couldn't ensure due service of the suit summons on the
    defendants, even after specific directions. It seems that she is
    absent since last considerable time for no justified reasons. Nor
    any Order, staying this proceeding, is brought to notice of this
    Court. It is, thus, clear that the plaintiff lost her interest in the
    suit. Hence, the suit stands dismissed Under Order IX, Rule 2 of
    the CPC, 1908. 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 proceeding is closed.
    Judge
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