SUIT - SHORT CAUSE CIVIL SUIT
Kiran Parekh +30 moreVsMCGM
CNR MHCC0100306920194-COURT 04 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 18th July 2026
TrustJury record updated 19 Sept 2026
Case Overview
- Registration Number
- 101494/2019
- Registration Date
- 18 Jun 2019
Advocates
2For Petitioner
For Respondent
Not available
Parties
32Petitioner
- 1Kiran Parekh
- 2Megha Saurabh Tamboli
- 3Nitin M. Botadra
- 4Nilesh S. Shah
- 5Rajendra Jain
- 6Anand P. Shanbag
- 7Manjula K. Shah
- 8Dr. Deepa D. Bajani
- 9Amit J. Shah
- 10N. Sivarama Krishnan
- 11Valji V. Patel
- 12Pratik J. Shah
- 13Sudam H. Bhor
- 14Mahesh B. Madhani
- 15Surjit Singh Aurora
- 16Ajay S. Doshi
- 17Jyoti A. Doshi
- 18Kamal K. Vora
- 19Bharat J. Bhuta
- 20Narendra M. Parekh
- 21Jivraj V. Patel
- 22Paresh V. Hamlai
- 23Hemant B. Mehta
- 24Rakesh M. Shah
- 25Prasad Deole
- 26Dr. Dinesh A. Patel
- 27Nalin S. Shah
- 28Madhu G. Lakhani
- 29Giridhar V. Lakhani
- 30Mukesh V. Malavia
- 31Shree Parasnath Co-operative Housing Society Limited
Respondent
- 1MCGM
Acts & Sections
1Hindu Marriage Act · Sec 34 · 37
Case History / Proceedings
Case History
Date: 25-06-2019 Business: None for plaintiff. Adv. Ms. Patil for MCGM/Defendant present. Adv. A. B. Dubey for applicant present. Plaintiff and his ld. Advocate are absent when called at 2.55 p.m. Last chance was granted on previous date to file ch/s reply. Despite that the plaintiff has not turned up or filed reply. Hence Ch/s will be heard without reply of plaintiff. Kept back. L.O. at 3.50 p.m. Adv. Dharmesh Joshi for plaintiff present and tendered registered NM No. 2162/19 with affidavit. On oral request of ld adv for plff, order of no reply passed today is set aside and affidavit in reply is taken on record. Heard arguments of Adv. for plaintiff and Adv. for applicant on Ch/s. Ld. adv. for plaintiff makes oral statement that regularization proposal is still pending. Adjd to 06.07.2019 for Ch/s orders. Next Purpose: CH/S ORDERS Next Hearing Date: 06-07-2019 Date: 06-07-2019 Business: As P.O. is on leave, hence board is discharged. Adjd to 16.07.2019 for Ch/s order. Next Purpose: CH/S ORDERS Next Hearing Date: 16-07-2019 Date: 16-07-2019 Business: Court is on leave today hence, Board is discharged. Next Purpose: CH/S ORDERS Next Hearing Date: 03-08-2019 Date: 03-08-2019 Business: Court is on leave. Hence, matter is adjd. next date. Next Purpose: CH/S ORDERS Next Hearing Date: 20-08-2019 Date: 20-08-2019 Business: As P.O. is on training at Uttan, matter is adjd. till next date. Next Purpose: CH/S ORDERS Next Hearing Date: 05-09-2019 Date: 05-09-2019 Business: As Court is on leave today, board is discharged. Matter is adjd. to 13-09-2019 for CH/s Order. Next Purpose: CH/S ORDERS Next Hearing Date: 13-09-2019 Date: 13-09-2019 Business: Adv. Mr. Joshi for plaintiff present. Adv. Mrs. D.D. Patil for Deft/MCGM present. Adv. Dubey for applicant. K.B./L.O. at 3.35 p.m. Court is busy in hearing on ad-interim reliefs in fresh suits and N/M in old suit no. 387/14 Adjd to 30.09.2019 for Ch/sum order. Next Purpose: CH/S ORDERS Next Hearing Date: 30-09-2019 Date: 30-09-2019 Business: Adv. Paranjpe for plaintiff present. Adv. Mrs. R.M. Hazare h/f Adv. Mr. S.C. Khandagale for Deft /MCGM present. Adv. A.B. Dubey for Applicant is present. KB LO Order on C/S No. - 865/19 - Instant C/S is taken out by the applicant claiming that, the deft./MCGM initiated action under MRTP Act against the plaintiffs at the instance of his complaint and persuasion to it\''s officers. It is also contended that in the plaint name of the applicant has been mention and the plaintiffs have attributed mala fide intention of the applicant for the said action and therefore he is necessary party. The plaintiff have objected the C/S by filing affidavit in reply. After going through the plaint and prayers therein, the plaintiff are challenging action of a local authority viz. Deft./MCGM of issuing notice u/s 53(1) of MRTP Act and the allegation are that the said authority acted mala fide and /or did not follow due process of law. From the plaint as a whole, the prayers and allegations are against deft./MCGM and not the intention of the applicant hearing. The scope of the suit is restricted to the impugned notices u/s 53(1) of MRTP Act. The deft./MCGM can bring the applicant as witness if it so desires. Only because the action was initiated at the instance of the applicant, his presence as defendant is not necessary for the determination of the real matter in dispute. Hence, C/S is rejected. Adjd to 03-01-2020 for N/M Reply. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 03-01-2020 Date: 03-01-2020 Business: Adv. Joshi for Plaintiff present. APP Ms. Hajare h/f Khandagale for the defendant /BMC present and on her request, adjd. for filing reply. Adjd. for NM reply to 26/2/2020. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 26-02-2020 Date: 26-02-2020 Business: Adv.Samrin for plaintiff present. Adv. Khandagle h/f adv.Patil for MCGM/Deft. present. Matter adjd to 28.04.2020 for NM reply. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 28-04-2020 Date: 28-04-2020 Reason For Adjournment: National Lock Down Next Purpose: NM REPLYREJOINDER Next Hearing Date: 19-05-2020 Date: 19-05-2020 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: NM REPLYREJOINDER Next Hearing Date: 06-06-2020 Date: 06-06-2020 Reason For Adjournment: National Lock Down Next Purpose: NM REPLYREJOINDER Next Hearing Date: 24-06-2020 Date: 24-06-2020 Business: adjd to Next Purpose: NM REPLYREJOINDER Next Hearing Date: 28-10-2020 Date: 28-10-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: NM REPLYREJOINDER Next Hearing Date: 27-01-2021 Date: 27-01-2021 Business: Adv. Nikunj Shingade for plaintiff present. Adv. Khandagle h/f Adv. Ms. Smita Chavan for deft/MCGM present and requests for time to file reply to NM. Time is granted till next date. Matter adjd to 18/03/2021 for NM Reply. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 18-03-2021 Date: 18-03-2021 Business: None for plaintiff. Adv. Ms. Smita Chavan for deft/MCGM present and requests for time to file reply to NM. Time is granted till next date. Matter adjd to 19/06/2021 for NM Reply. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 19-06-2021 Date: 19-06-2021 Business: Due to Covid-19 pandemic, matter is adjourned. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 29-07-2021 Date: 29-07-2021 Business: Due to Covid-19 pandemic Next Purpose: NM REPLYREJOINDER Next Hearing Date: 21-09-2021 Date: 21-09-2021 Business: None for plaintiff. Adv Mrs Rawade for defendant / MCGM present requests for time to file reply to NM. Time is granted till next date. Adjd. To 18/11/2021 for NM reply. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 18-11-2021 Date: 18-11-2021 Business: None for plaintiff. Adv Mrs Rawade for defendant / MCGM present and and requests for time to file reply to NM. Time is granted till next date. Matter is adjd to 24/02/2022 for NM reply. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 24-02-2022 Date: 24-02-2022 Business: None for plaintiff. Adv Mrs Rawade for defendant / MCGM present and requests for time to file reply to NM. Time is granted till next date. Adjd. to 28/04/2022 for NM Reply. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 28-04-2022 Date: 28-04-2022 Business: None for plaintiff. Adv Mrs Rawade for defendant / MCGM is present and requests for time to file reply to NM. Time is granted till next date. Adjd. To 11/08/2022 for NM Reply. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 11-08-2022 Date: 11-08-2022 Business: None for plaintiff. Adv Mrs Rawade for defendant / MCGM is present and requests for time to file reply to N/M. Time is granted till next date. Adjd. to 13/10/2022 for N/M reply. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 13-10-2022 Date: 13-10-2022 Business: None for plaintiff. Adv. Mrs. Tondwalkar h/f Adv. Mrs. Rawade for defendant/ BMC is present and requested time to file reply to N/M. Time is granted till next date. Adjd. to 13/12/2022 for N/M reply. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 13-12-2022 Date: 13-12-2022 Business: Court is busy in urgent hearing, board is discharged. Adjd. to 02/03/2023 for N/M reply. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 02-03-2023 Date: 02-03-2023 Business: As Court is busy in urgent N/M and Ch/S hearing, board is discharged. Adjd. to 27/06/2023 for N/M reply. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 27-06-2023 Date: 27-06-2023 Business: As court is busy in hearing urgent matters, Board is discharged and adjourned to 12.09.2023 Next Purpose: NM REPLYREJOINDER Next Hearing Date: 12-09-2023 Date: 12-09-2023 Business: None present for plaintiff Advocate Mhatre for defendant/BMC present and seeks time to file reply to NM. Time is granted Adjd to 07.12.2023 for NM reply Next Purpose: NM REPLYREJOINDER Next Hearing Date: 07-12-2023 Date: 07-12-2023 Business: Matter pertains to C. R. No. 4 Plaintiff No. 1 present Adv. Riya Makwana for plaintiff present. Adv Mhatre for defendant /BMC present. Adv. for plaintiff submitted that plaintiffs wants to withdraw the suit and therefore, it may be referred to Lok-Adalat. Hence matter is referred to ensuing Lok-Adalat and issuance of separate notices is dispensed with. Adjd to 09.12.2023 for Lok Adalat Report. Next Purpose: REPORT Next Hearing Date: 09-12-2023 Date: 09-12-2023 Business: Plaintiff\''s absent. Adv Riya Makwana for plaintiff present. Advocate Mhatre for defendant/BMC present. Settlement are not arrived at as plaintiffs are not present. Matter posted before regular Court. Matter is adjd for 11.01.2024 for NM Hearing Next Purpose: NM FOR HEARING Next Hearing Date: 11-01-2024 Date: 11-01-2024 Business: None present for plaintiffs Advocate Mhatre for defendant/BMC present. Matter wrongly shown in the caption of hearing. Hence it removed the caption of hearing of NM. Corporation seeks time to file reply to NM. Time is granted. Adjd to 27.02.2024 for NM Reply. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 27-02-2024 Date: 27-02-2024 Business: As Court is busy in Hearing and dictating NM HC Expdted NM and ad-interim hearing, Board is discharged, hence matter adjourned. Adjd to 21.03.2024 for NM Reply Next Purpose: NM REPLYREJOINDER Next Hearing Date: 21-03-2024 Date: 21-03-2024 Business: Court is on leave , hence matter adjourned. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 03-05-2024 Date: 03-05-2024 Business: As Court is busy in part heard argument in NM and NM order and dictating Judgment in Suit No. 4509/12, board is discharged. Hence matter adjourned. Adjd to 16.07.2024 for NM Reply Next Purpose: NM REPLYREJOINDER Next Hearing Date: 16-07-2024 Date: 16-07-2024 Business: At. 1.15 p.m Adv. Ami Parekh for plaintiff tendered VP marked as Exh. 5 keep back Later on 3.25 p.m Advocate Metakari for defendant/BMC present and seeks time to file reply to NM. Time is granted as a last chance as suit is of year 2019. Adjd to 05.09.2024 for NM reply and service of writ of summons Next Purpose: NM REPLYREJOINDER Next Hearing Date: 05-09-2024 Date: 05-09-2024 Business: None present for plaintiffs Advocate Metakari for defendant/BMC present and seeks time to file reply to NM. Time is granted as a one more last chance as suit is of year 2019 Adjd to 22.10.2024 for NM Reply and service of writ of summons. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 22-10-2024 Date: 22-10-2024 Business: Court is on leave Next Purpose: NM REPLYREJOINDER Next Hearing Date: 17-12-2024 Date: 17-12-2024 Business: 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 30.01.2025 for NM Reply and service of writ of summons. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 30-01-2025 Date: 30-01-2025 Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04) None for plaintiff is present. Adv. Mr. Swapnil Bharti for defendant/MCGM is present and sought time to file NM reply. Sufficient time is already granted. Hence, this request is discarded. NM is proceeded without reply. Adjourned for NM hearing (no reply) to 27-03-2025. Next Purpose: NM FOR HEARING Next Hearing Date: 27-03-2025 Date: 27-03-2025 Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04) None present for the plaintiff. Adv. Mr. Swapnil Bharti for defendant/MCGM is present and tendered draft Notice of Motion, along-with affidavit in support. O- Leave is granted to register within 7 working days. In default, the draft NM would stand dismissed. He undertook to supply its copy to other side after registration. Adjourned for tendering registered NM/NM reply/NM hearing (No reply) to 10.06.2025. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 10-06-2025 Date: 10-06-2025 Business: Court is on leave Next Purpose: NM REPLYREJOINDER Next Hearing Date: 17-06-2025 Date: 17-06-2025 Business: CORAM : H.H.J. SHRI. A.A LAULKAR (C.R. No. 04) None present for plaintiff Adv. Mr. Swapnil Bharti for defendant/MCGM is present. Registered N.M. 2393 of 2025 tendered by defendant/MCGM Adjourned for NM reply (NM No. 2393/2025) to 10.07.2025 Next Purpose: NM REPLYREJOINDER Next Hearing Date: 10-07-2025 Date: 10-07-2025 Business: Court is on leave Next Purpose: NM REPLYREJOINDER Next Hearing Date: 11-09-2025 Date: 11-09-2025 Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04) None present for the plaintiff. Adv. Ms. Rupali Patil for defendant/MCGM is present. No reply filed by the plaintiff on NM No. 2393/2025. Hence, said NM to proceed further without reply of the plaintiff. Heard adv for defendant/MCGM on NM. Adjourned for NM Order to 16.09.2025. Next Purpose: NM ORDERS Next Hearing Date: 16-09-2025 Date: 16-09-2025 Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04) None present for the plaintiff. Adv. Ms. Rupali Patil for defendant/MCGM is present. F.R.S.R. the following Order is passed in Notice of Motion. No. 2393/2025: ORDER 1. Notice of Motion No.2393 of 2025 is allowed. 2. The no reply order dated 30.01.2025 is hereby set aside. 3. Defendant/MCGM is permitted to tender their reply to notice of motion on record. 4. Both parties are directed to expedite the hearing of notice of motion positively. Adjourned for writ of summons to 07.11.2025. Next Purpose: WRIT OF SUMMONS Next Hearing Date: 07-11-2025 Date: 07-11-2025 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. Ms. Patil for defendant/MCGM is present. Adjourned for writ of summons to 20.01.2026 Next Purpose: WRIT OF SUMMONS Next Hearing Date: 20-01-2026 Date: 20-01-2026 Business: CORAM : H.H.J. SHRI. C. S. DATIR(C.R. No. 04) None present for the plaintiff. Adv. Ms. Rupali Patil for defendant/MCGM is present. Advocate of Defendant filed reply on NM 2162/2019. Copy of plaintiff is place on record and it be served to the Plaintiff. Adjourned for NM hearing to 21-02-2026. Next Purpose: NM FOR HEARING Next Hearing Date: 21-02-2026 Date: 21-02-2026 Business: CORAM : H.H.J. SHRI. C. S. DATIR (C.R. No. 04) None present for the plaintiff. Adv. Ms. Rupali Patil for defendant/MCGM is present. Plaintiff is absent when called repeatedly. It appears, plaintiff is absent since long and failed to take appropriate steps in order to proceed. It shows, he is not keenly interested to proceed with the NM. Suit is pending unattended. It would not be appropriate to keep it pending for the same steps since long. Thus, NM No. 2162/2019 stands dismissed for want of prosecution and finally disposed of. Adjourned for written statement to 28.04.2026 Next Purpose: WRITTEN STATEMENT Next Hearing Date: 28-04-2026 Date: 28-04-2026 Business: CORAM H.H.J. SHRI. C. S. DATIR (C.R. No. 04) None present for the plaintiff. Adv. Ms. Rupali Patil for defendant/MCGM is present and seeks time to file written statement. O Time is granted. Adjourned for written statement to 20.06.2026 Next Purpose: WRITTEN STATEMENT Next Hearing Date: 20-06-2026 Date: 20-06-2026 Business: CORAM H.H.J. SHRI. C. S. DATIR (C.R. No. 04) None present for the plaintiff. Adv. Ms. Rupali Patil for defendant/MCGM is present and failed to file Written statement. Hence, no Ws Order has been passed against the defendant/MCGM. Adjourned for R. E..to 04.07.2026 Next Purpose: RECORDING EVIDENCE Next Hearing Date: 04-07-2026 Date: 04-07-2026 Business: CORAM : H.H.J. SHRI. C. S. DATIR (C.R. No. 04) None present for the plaintiff. Adv. Ms. Rupali Patil for defendant/MCGM is present. Plaintiff is absent, hence matter adjourned for dismissal. Adjourned for dismissal order to 18.07.2026 Next Purpose: DISMISSAL Next Hearing Date: 18-07-2026 Date: 18-07-2026 Business: CORAM H.H.J. SHRI. C. S. DATIR (C.R. No. 04) None present for the plaintiff. Adv. Ms. Rupali Patil for defendant/MCGM is present. Plaintiff and his advocate are absent when called repeatedly. It appears, plaintiff is absent since long and failed to take appropriate steps in order to proceed. Even, his NM No. 2162/2019 also stood dismissed for want of prosecution on 21.02.2026. As plaintiff is not attending the Court, it means, he is not keenly interested to proceed. Suit is pending since 2019. It would not be appropriate to keep the suit pending unnecessary for years together. Thus, suit stands dismissed for want of prosecution and finally disposed off. Nature Of Disposal: DISMISSED IN DEFAULT Disposal Date: 18-07-2026
Additional Case Details
Additional Case Details
Filing Number: 103303/2019 Filing Date: 16-03-2019 First Hearing Date: 25th June 2019 Decision Date: 18th July 2026 Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE
Orders
1Final Order 118 Jul 2026
18 Jul 2026
Order Details: Other Pdf Text: 4 Dt:18.07.2026 SU 1494/19 CORAM H.H.J. SHRI. C. S. DATIR (C.R. No. 04) None present for the plaintiff. Adv. Ms. Rupali Patil for defendant/MCGM is present. Plaintiff and his advocate are absent when called repeatedly. It appears, plaintiff is absent since long and failed to take appropriate steps in order to proceed. Even, his NM No. 2162/2019 also stood dismissed for want of prosecution on 21.02.2026. As plaintiff is not attending the Court, it means, he is not keenly interested to proceed. Suit is pending since 2019. It would not be appropriate to keep the suit pending unnecessary for years together. Thus, suit stands dismissed for want of prosecution and finally disposed off. Judge -- 1 of 1 --
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