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SUIT - SHORT CAUSE CIVIL SUIT

Mr. Bhavesh Kishore Oza +1 moreVsMCGM

CNR MHCC0100308520185-COURT 05 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 09th January 2025

TrustJury record updated 10 Sept 2026

Case Overview

Registration Number
100654/2018
Registration Date
03 Mar 2018

Advocates

1

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    2
    Bombay Tenancy and Agricultural Land (Vidarbha Region and Kutch Area) Act · Sec 9
    Terrorist and Disruptive and Activities (Prevention) Act · Sec 354-A

    Case History / Proceedings

    Case History
    Date: 02-05-2018
    Business: Resumed.
    Adv. for plaintiff tenders original NM.
    The P.O. is busy in passing orders on NM No. 410/2018 in L.C Suit No. 426/2018 and NM No. 3876/2015 in L.C. Suit No. 2543/2009.
    Adjd. for NM reply to 16.07.2018.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-07-2018
    
    Date: 16-07-2018
    Business: Resumed.
    The P.O. is busy in hearing of NM No.1015/2017 in Suit No. 673/2017 and orders on NM No. 2793/2017  in Suit No. 1812/2017.  For want of time the board is discharged.
    Adjd for NM reply to 10.08.2018.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 10-08-2018
    
    Date: 10-08-2018
    Business: Resumed.
    The P.O. is busy in dictating judgment in Suit Nos 2814/2009, 2815/2009, 2816/2009 and 2817/2009 and hearing of ad-interim in Suit no. 2011/2018 and 2012/2018 and Suit No. 3068/2007.  For want of time the board is discharged.
    Adjd for NM reply to 17.09.2018.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-09-2018
    
    Date: 17-09-2018
    Business: Resumed.
    None for plaintiff.  Matter pertains to C ward.
    Adjd for NM reply to 15.12.2018.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 15-12-2018
    
    Date: 15-12-2018
    Business: Resumed.
    The P.O. is on leave.
    Adjd for NM reply rejoinder to 28.02.2019
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 28-02-2019
    
    Date: 28-02-2019
    Business: As court busy in dictating judgment in Suit no. 1307 of 2013. Hence board is discharged.
    Matter adjd. to 18.4.19 for NM Reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 18-04-2019
    
    Date: 18-04-2019
    Business: None present for plaintiff.
    Adv.Shri Dhumale for defendant/MCGM present.
    Matter adjd to 11.07.2019 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 11-07-2019
    
    Date: 11-07-2019
    Business: PO is  on training program at Uttan, hence, board
    discharged.
    Matter adjd to 27.08.2019 for NM Reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 27-08-2019
    
    Date: 27-08-2019
    Business: Court is busy in hearing argument and dictating orders, hence, board is discharged.
    Matter adjd to 21.09.2019 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 21-09-2019
    
    Date: 21-09-2019
    Business: As Court is busy in recording evidence in Suit nos. 168/2019, 372/2018, Sessions Case nos. 3349/2014 and 5005/2012, hearing arguments in Suit nos. 3867/2007 and 492/2016, passing order in suit no.1610/2012, 1795/2011 and 1794/2011 and other misc. work hence, board discharged
    Matter adjd to 02/11/2019 for reply on n.m
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 02-11-2019
    
    Date: 21-09-2019
    Business: As Court is busy in recording evidence in Suit nos. 168/2019, 372/2018, Sessions Case nos. 3349/2014 and 5005/2012, hearing arguments in Suit nos. 3867/2007 and 492/2016, passing order in suit no.1610/2012, 1795/2011 and 1794/2011 and other misc. work hence, board discharged
    Matter adjd to 02/11/2019 for reply on n.m
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 02-11-2019
    
    Date: 02-11-2019
    Business: P. O. is on leave.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 05-12-2019
    
    Date: 02-11-2019
    Business: P. O. is on leave.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 19-12-2019
    
    Date: 05-12-2019
    Business: Matter is adjd to 19.12.2019 for Nm Reply
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 19-12-2019
    
    Date: 05-12-2019
    Business: Matter is adjd to 19.12.2019 for NM Reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 19-12-2019
    
    Date: 19-12-2019
    Business: As Court is on leave.
    Matter is adjd to  28/01/20 for hrg. on n.m
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 28-01-2020
    
    Date: 19-12-2019
    Business: As Court is on leave.
    Matter is adjd to  28/01/20 for hrg. on n.m
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 28-01-2020
    
    Date: 28-01-2020
    Business: Plaintiff and advocate absent.
    Adv. Mrs. Rawade for the defendant  MCGM  present
    None for plaintiff. Steps not taken to prosecute the Notice of Motion no. 1739/2018. Notice of Motion No. 1739/2018 is dismissed for want of prosecution.
    Matter is adjd to 07/03/2020 for W/st.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 07-03-2020
    
    Date: 07-03-2020
    Business: Plaintiff and advocate
    Adv. Mrs. Rawade for MCGM/deft present.
    Matter is adjd to  09/04/2020 for W/st.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 09-04-2020
    
    Date: 09-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 21-04-2020
    
    Date: 21-04-2020
    Business: COVID-19. Lockdown from 23.03.2020. Hence matter adjourned to 01.06.2020.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 01-06-2020
    
    Date: 01-06-2020
    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: WRITTEN STATEMENT
    Next Hearing Date: 18-06-2020
    
    Date: 18-06-2020
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 21-07-2020
    
    Date: 21-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 08-09-2020
    
    Date: 08-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 06-10-2020
    
    Date: 06-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 29-10-2020
    
    Date: 29-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 03-12-2020
    
    Date: 03-12-2020
    Business: None present for plaintiff.
    Adv  Mr. Nandanwar/Suryawanshi present for defendant/MCGM .
    Matter adjourned for W/s. to 07/01/2021.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 07-01-2021
    
    Date: 07-01-2021
    Business: None present for plaintiff.
    Adv Rawade present for MCGM/defendant.
    Matter adjourned for WS to 10.02.2021.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 10-02-2021
    
    Date: 10-02-2021
    Business: None present for plaintiff.
    Adv Soraan/Nandanwar (hf) present for MCGM/defendant.
    Matter adjourned for WS to 23.03.2021.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 23-03-2021
    
    Date: 23-03-2021
    Business: None present for plaintiff.
    Adv. Rawade present for MCGM/defendant.
    Matter adjourned for WS to 24.06.2021.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 24-06-2021
    
    Date: 24-06-2021
    Business: In view of office circular only urgent matters are taken for hearing and remaining board is discharged. Matter adjourned for
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 22-07-2021
    
    Date: 22-07-2021
    Business: In view of Office Circular/Order 106/2021 Dt. 14-06-2021 , only urgent matters are taken, hence the remaining board is discharged, Hence matter is adjd. to
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 24-08-2021
    
    Date: 24-08-2021
    Business: Adv. absent for plaintiff.
    Adv. Vyavahare present  for MCGM/defendant.
    as plainitff and his adv. absent, Matter adjourned for RE to. 28/10/21
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 28-10-2021
    
    Date: 28-10-2021
    Business: None present for plaintiff.
    Adv. Vidya vyavahare present  for MCGM/defendant.
    As court is busy in dictating order on chs. no. 1186/21 in suit no. 2718/2015 hence remaining board is discharged and Matter adjourned for RE to 11/01/2022.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 11-01-2022
    
    Date: 11-01-2022
    Business: In view of the above fact and In pursuance of the directions of the Hon''ble Bombay High Court in Covid SOP and direction in Covid SOP No. 07/2022 dt. 07/01/22. Hence, matter adjourned to
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 24-03-2022
    
    Date: 24-03-2022
    Business: As presiding officer is on leave. Hence, matter is adjourned to
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 29-04-2022
    
    Date: 29-04-2022
    Business: As presiding officer is on training at Uttan. Hence, matter is adjourned to
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 01-07-2022
    
    Date: 01-07-2022
    Business: The court is busy in hearing of HIGH COURT TIME BOUND matter Suit no. 1315 of 2015 and Suit no. 4640 of 2009 hence, for want of time following board discharged.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 22-08-2022
    
    Date: 22-08-2022
    Business: None for Plaintiff.
    Adv Smt. Kumud Soraan for defendant/MCGM present.
    Matter is adjd for  RE on 13-10-2022
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 13-10-2022
    
    Date: 13-10-2022
    Business: None for Plaintiff.
    Adv. Mr. Bibhishan Sutar for MCGM/ defendant  present.
    Plaintiff is directed to appear and lead evidence on next date without fail.
    Matter is adjd for RE on 12-01-2023.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 12-01-2023
    
    Date: 12-01-2023
    Business: None for Plaintiff.
    Adv. Smt. Vidya Vyavahare for MCGM/ defendant  present.
    Plaintiff is directed to appear and lead evidence on next date without fail. Matter is adjd for RE on 21-03-2023
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 21-03-2023
    
    Date: 21-03-2023
    Business: As presiding officer is on leave. Hence, matter is adjourned to
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 20-06-2023
    
    Date: 20-06-2023
    Business: None for Plaintiff.
    Adv. Ms. Vyavahare for MCGM present.
    Matter adjourned as last chance for evidence of plaintiff.
    Matter is adjd to 10.08.2023 for evidence.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 10-08-2023
    
    Date: 10-08-2023
    Business: None for Plaintiff.
    Adv. Ms. Vyavahare for MCGM present.
    Matter is adjd  to 10.10.2023 for evidence.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 10-10-2023
    
    Date: 10-10-2023
    Business: None for Plaintiff.
    Adv.  Vidya Vyavahare for defendant/MCGM present.
    Matter is adjd  to 07.12.2023  for evidence.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 07-12-2023
    
    Date: 07-12-2023
    Business: None for Plaintiff.
    Adv.  Vidya Vyavahare for defendant/MCGM present.
    Matter is adjd  to 06.02.2024 for evidence.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 06-02-2024
    
    Date: 06-02-2024
    Business: None for Plaintiff.
    Adv. Vyavahare for defendant/BMC present.
    It appears from record that though matter proceeded for recording evidence, written statement is not filed on record.
    Hence, suit to proceed without w.s. against the defendant/MCGM.
    Matter is adjd to 19.03.2024  for evidence without w.s.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 19-03-2024
    
    Date: 19-03-2024
    Business: None for Plaintiff.
    Adv. Vyavahare for defendant/BMC present.
    Matter is adjd  to 11.06.2024 for evidence.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 11-06-2024
    
    Date: 11-06-2024
    Business: None for Plaintiff.
    Adv. Om Suryawanshi for Defendant/MCGM present.
    It appears that the matter is proceeding for evidence since 28.10.2021. However, till this date no evidence is filed and the plaintiff continuously remained absent. Hence, matter be kept for passing dismissal order.
    Matter is adjd  to 20.07.2024 for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 20-07-2024
    
    Date: 20-07-2024
    Business: None for Plaintiff.
    Adv. Chaitanya Dalvi for Defendant/MCGM present.
    Due to heavy rains in Mumbai, matter is adjourned.
    Matter is adjd  to 03.09.2024 for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 03-09-2024
    
    Date: 03-09-2024
    Business: None for Plaintiff.
    Adv. Sachin Vajale for defendant/BMC present.
    Matter is adjd  to 05.11.2024 for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 05-11-2024
    
    Date: 05-11-2024
    Business: None for Plaintiff.
    Adv. Sachin Vajale for defendant/BMC present.
    Matter is adjd to 09.01.2025 for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 09-01-2025
    
    Date: 09-01-2025
    Business: None for Plaintiff.
    Adv. Chaitanya Dalvi for Defendant/MCGM present.
    Later on at 1.00 p.m.
    ORDER
         Vide order Dtd 11.06.2024, the present suit is kept for dismissal order as since 28.10.2021 plaintiff failed to file his evidence and remained absent continuously. Further from last three dates plaintiffs and their counsel are absent. It is therefore clear that plaintiffs are not interested to proceed with the suit so it deserves to be dismissed for want of prosecution. In the result following order is passed-
    1. L. C. Suit No. 654 of 2018 is dismissed in default for want of prosecution.
    2. No order as to costs.
    3. Bill of costs be drawn up accordingly.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 09-01-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 103472/2018
    Filing Date: 03-03-2018
    First Hearing Date: 02nd May 2018
    Decision Date: 09th January 2025
    Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    09 Jan 2025

    Order Details: Other Pdf Text: 09.01.2025 CORAM: SHRI R. S. ARADHYE, ADDL. SESSIONS JUDGE C.R.NO.5 SU. 654/18 None for Plaintiff. Adv. Chaitanya Dalvi for Defendant/MCGM present. Later on at 1.00 p.m. ORDER Vide order Dtd 11.06.2024, the present suit is kept for dismissal order as since 28.10.2021 plaintiff failed to file his evidence and remained absent continuously. Further from last three dates plaintiffs and their counsel are absent. It is therefore clear that plaintiffs are not interested to proceed with…

    Read Full Order
    Order 1Full order available
    09 Jan 2025

    Order Details: Other Pdf Text: 09.01.2025 CORAM: SHRI R. S. ARADHYE, ADDL. SESSIONS JUDGE C.R.NO.5 SU. 654/18 None for Plaintiff. Adv. Chaitanya Dalvi for Defendant/MCGM present. Later on at 1.00 p.m. ORDER Vide order Dtd 11.06.2024, the present suit is kept for dismissal order as since 28.10.2021 plaintiff failed to file his evidence and remained absent continuously. Further from last three dates plaintiffs and their counsel are absent. It is therefore clear that plaintiffs are not interested to proceed with…

    Read Full Order

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