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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

2

For Respondent

    Not available

    Parties

    32

    Acts & Sections

    1
    Hindu 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

    1
    Final Order 1
    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
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