SUIT - SHORT CAUSE CIVIL SUIT
Mr.Siraj Ahmed Khan S/o.Late Mustaq Ahmed KhanVsMCGM
CNR MHCC01003149201811-COURT 11 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHERWISE
Decision Date: 12th November 2022
TrustJury record updated 10 Sept 2026
Case Overview
- Registration Number
- 100658/2018
- Registration Date
- 06 Mar 2018
Advocates
1For Petitioner
For Respondent
Not available
Parties
2Respondent
- 1MCGM
Acts & Sections
1Hindu Marriage Act · Sec 35 · 36
Case History / Proceedings
Case History
Date: 12-03-2018
Business: (Incharge Court of C. R. No. 11)
Advocate Mr. S. K. Dubey for the Plaintiff present.
Advocate Ms. Hajare for BMC/deft. present.
Earlier order to continue till next date.
Matter adjd to 23.04.2018 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-04-2018
Date: 23-04-2018
Business: As the court is busy in preceipe matters and urgent matters. Hence, board is discharged. Earlier order to continue till next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-07-2018
Date: 25-07-2018
Business: Adv Mukesh Dubey h/f adv S K Dubey for plaintiff present and filed original NM 1105/18 alongwith affidavit t.o.r.
Writ of summons t.o.r.
Adv Hajare for def/BMC present.
Earlier order to continue till next date.
Adjourned to 11.09.2018 for reply.
Next Purpose: REPLY
Next Hearing Date: 11-09-2018
Date: 11-09-2018
Business: None for Plaintiff.
Advocate Ms. Tondvalkar for BMC/Deft. present.
Earlier order to continue till next date.
Court is busy in dictating orders on Notice of Motions in suit nos.215/11 and 705/11 and hearing urgent application in suit no.2409/18, hence, board is discharged and case is adjourned to 03/11/2018.
Next Purpose: REPLY
Next Hearing Date: 03-11-2018
Date: 03-11-2018
Business: Advocate Mr. Dubey for Plaintiff present.
Advocate Ms. Hajare for BMC/Deft present and sought time to file reply to Notice of Motion.
Earlier order to continue till next date.
By consent, case is adjourned to 08/01/2019 for reply/hearing of Notice of Motion.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-01-2019
Date: 08-01-2019
Business: Court is busy in dictating order on Notice of Motions in suit nos.1707/13, 2602/17 and court has to hear argument of NM in suit no.362/17, hence case is adjourned to 02/03/2019.
Earlier order to continue till next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-03-2019
Date: 02-03-2019
Business: Court is busy in hearing Notice of Motion in suit no.735/16 and dictating judgment in suit no.7320/88, hence case is adjourned to 06/06/2019
Earlier order to continue till next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-06-2019
Date: 02-03-2019
Business: Court is busy in hearing Notice of Motion in suit no.735/16 and dictating judgment in suit no.7320/88, hence case is adjourned to 06/06/2019
Earlier order to continue till next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-06-2019
Date: 06-06-2019
Business: Advocate Mukesh Dubey for plaintiff present.
Advocate Ms.Mhatre for defendant/MCGM present and sought time to file reply. Time is granted.
Earlier order to continue till next date.
The case is adjourned to 23.07.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-07-2019
Date: 23-07-2019
Business: Court is on leave. Hence today board is discharged.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-09-2019
Date: 04-09-2019
Business: Advocate Mukesh Dubey for plaintiff present.
Advocate Ms. Chavan for defendant/MCGM present.
Earlier order to continue till next date.
The case is adjourned to 05.11.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-11-2019
Date: 05-11-2019
Business: Advocate Mukesh Dubey for plaintiff present.
Advocate Ms. Mhatre for defendant/MCGM present and sought time. Time is granted.
Earlier order to continue till next date.
The case is adjourned to 16.01.2020 for NM reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-01-2020
Date: 16-01-2020
Business: Adv. Mr. Mukesh Dubey for Plaintiff present.
Adv. Mrs. Mhatre for deft./MCGM present, prayed for adjd to file reply.
Earlier order, if any, to continue till next date.
Matter is add.for NM rpely on 20.02.202.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-02-2020
Date: 20-02-2020
Business: (In charge Court to C.R. no.11)
Adv. Mr. S. K. Dubey for Plaintiff present.
Adv. Ms. Tondwalkar for deft./MCGM present.
Earlier order to continue till next date.
Matter is adjd. for NM reply on 15.04.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-04-2020
Date: 15-04-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-04-2020
Date: 22-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-05-2020
Date: 13-05-2020
Business: National Lockdown
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-06-2020
Date: 02-06-2020
Business: National Lockdown
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-06-2020
Date: 19-06-2020
Business: Adjd. to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-08-2020
Date: 19-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-10-2020
Date: 08-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-11-2020
Date: 23-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-02-2021
Date: 01-02-2021
Business: Adv. Mr. Dubey for plaintiff is present.
Adv. Ms. Mhatre for deft./MCGM present and requested short time to file reply.
Earlier order if any, to continue till next date.
Matter is adjourned for reply to 24.03.21.
Judge
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-03-2021
Date: 24-03-2021
Business: Adv. Mr. Mukesh Dubey for plaintiff present.
Adv. Ms. Mhatre for deft./MCGM present and requested short time to file reply.
Earlier order if any, to continue till next date.
Matter is adjourned for NM reply to 21.06.21.
Judge
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-06-2021
Date: 21-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-08-2021
Date: 25-08-2021
Business: Adv Ms. Shradha h/f Mr. S.R. Dubey for plaintiff present.
Adv. Khandagale for deft./MCGM present.
Earlier order if any, to continue till next date.
Matter is adjd. for NM reply to 08.10.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-10-2021
Date: 08-10-2021
Business: Adv.Mukesh Dubey for plaintiff present.
Adv. Mr. Khandagale for deft./MCGM present.
Earlier order if any, to continue till next date.
Matter is adjd. For NM reply to 26.11.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-11-2021
Date: 26-11-2021
Business: CORAM-H.H.J. SHRI. S.D. KULKARNI (C.R.No.08)
(Matter pertains to C.R. No.11)
Adv. Mukesh Dubey for plaintiff present.
Adv. Mrs. Mhatre for deft./MCGM present.
Earlier order if any, to continue till next date.
Matter is adjd. For NM reply to 03.01.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-01-2022
Date: 03-01-2022
Business: None present for plaintiff.
Adv. Mr. Khandagale for defendant/MCGM is present.
Adv. for defendant orally requested for time to file NM reply. Granted as a last chance.
Earlier order, if any, to continue till the next date.
Adjourned for NM reply to 09.02.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-02-2022
Date: 09-02-2022
Business: None present for plaintiff.
Adv. Mr. Khandagale for defendant/MCGM is present and orally requested for time to file NM reply and WS. Granted as a last chance.
Earlier order, if any, to continue till the next date.
Adjourned for NM reply and WS to 30.03.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-03-2022
Date: 30-03-2022
Business: Adv. Mr. Mukesh Dueby for plaintiff is present.
Adv. Mr. Khandagale for defendant/MCGM is present and orally requested for time to file NM reply. Sufficient time is already granted. Hence, this request is discarded. The suit is proceeded without NM reply and WS of the defendant.
Earlier order, if any, to continue till the next date.
Adjourned for NM hearing (No reply and WS) to 13.07.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-07-2022
Date: 13-07-2022
Business: Adv. Mukesh Dubey is present for plaintiff.
Adv. Mr. Khandagale for defendant/MCGM is present.
K.B.
After hearing the parties, the following order is passed on NM
No. 1105/2018.
ORDER
Heard both the sides on NM No. 1105/2018. Having considered there submissions, at the outset, it seems that in view of the notice dated 03.03.2018, the plaintiff filed his reply on 05.03.2018 and admittedly, as of now, the Speaking Order is awaited in the matter. The learned advocate for the plaintiff made the statement at bar that till date, no Speaking Order is communicated to the plaintiff. Even the defendant could not rebut this position. Needless to say that having received the notice reply, it was required from the defendant to consider the same and to communicated his response/outcome, in either form, to the plaintiff. However, this procedure is not followed. Nor, till date, the passing of speaking order is communicated on the record. On this background, it can safely be concluded that the defendant is yet to follow the due process of law before proceeding against the notice structure. In the result, the defendant is called upon to consider the notice reply dated 05.03.2018 filed by the plaintiff and to pass the speaking afresh, if he so desires. In the meantime, he is restrained to proceed against the notice structure, without following the due process of law, on the basis of the suit notice dated 03.03.2018. In case, the said order goes against the plaintiff, the effect and operation thereof may be stayed for the period of two weeks from the date of its communication to the plaintiff, so as to enable him to exercise the remedies legally available to him. In the light of these observations, NM No. 1105/2018 is disposed of as partly allowed.
Authenticated copy of this roznama be given to both the parties.
Adjourned for filing affidavit of documents to 24.08.2022.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 24-08-2022
Date: 24-08-2022
Business: None present for the plaintiff to proceed with the matter.
Adv. Mr. Khandagale for defendant/MCGM is present. He made the statement that still, the Speaking Order is awaited in this matter.
Adjourned for filing affidavit of documents to 19.10.2022.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 19-10-2022
Date: 19-10-2022
Business: None present for the plaintiff.
Adv. Khandagale for defendant/MCGM is present. He submitted that he has no instructions as regards passing of the Speaking Order. The defendant is directed to secure presence of the concerned Designated Officer to make the statement in this behalf.
Adjourned for compliance/filing affidavit of documents (LN) to 07.11.2022.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 07-11-2022
Date: 07-11-2022
Business: Adv. Mr. Mukesh Dubey for the plaintiff is present.
Adv. Mr. Khandagale for defendant/MCGM is present.
KB LO at 02:48 pm.
Appearance as above.
Mr. Nitin Baburao Kamble, EA, B&F, \''L\'' Ward is present. He submitted that till date, no Speaking Order is passed in this matter. He submitted that even after passing of the Speaking Order, if it goes against the plaintiff, the defendant would not proceed against the notice structure for the period of two weeks from the date of its passing. His statement is taken on record. On his statement, the advocate for the plaintiff requested for placing the matter before National Lok-adalat for the withdrawal of the suit. He undertook to secure presence of the plaintiff on that day. By consent of the parties, issuance of separate notice is dispensed with and the matter is referred to the ensuing Lok-adalat.
Adjourned for Lok-adalat to 12.11.2022.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 12-11-2022
Date: 12-11-2022
Business: NATIONAL LOK ADALAT HELD ON 12.11.2022 (PANEL-VII)
Matter pertains to CR No.11
Plaintiff present
Adv Mukesh Dubey for plaintiff present.
Shri Kandangale for defendant/BMC present.
Shri. Dilip Jadhav for BMC present.
Terms of compromise / settlement
Plaintiff has withdrawn the suit as per the noting of Court proceeding of 07.11.2022. Accordingly suit stands disposed off as withdrawn. Proceeding closed.
Nature Of Disposal: OTHERWISE
Disposal Date: 12-11-2022Additional Case Details
Additional Case Details
Filing Number: 103531/2018 Filing Date: 05-03-2018 First Hearing Date: 02nd May 2018 Decision Date: 12th November 2022 Court Number And Judge: 11-COURT 11 ADDL SESSIONS JUDGE
Orders
2Final Order 112 Nov 2022
12 Nov 2022
Order Details: Other Pdf Text: -- 1 of 2 -- 12.11.2022 SU 658/18 NATIONAL LOK ADALAT HELD ON 12.11.2022 (PANELVII) Matter pertains to CR No.11 Plaintiff present Adv Mukesh Dubey for plaintiff present. Shri Kandangale for defendant/BMC present. Shri. Dilip Jadhav for BMC present. Terms of compromise / settlement Plaintiff has withdrawn the suit as per the noting of Court proceeding of 07.11.2022. Accordingly suit stands disposed off as withdrawn. Proceeding closed. Panel Head Panel Member Panel Member HHJ Smt. A.H.Kashikar Adv. Ms. Pranjali Joshi Ms. Nalini Sonawane -- 2 of 2 --
Order 112 Nov 2022
12 Nov 2022
Order Details: Other Pdf Text: -- 1 of 2 -- 12.11.2022 SU 658/18 NATIONAL LOK ADALAT HELD ON 12.11.2022 (PANELVII) Matter pertains to CR No.11 Plaintiff present Adv Mukesh Dubey for plaintiff present. Shri Kandangale for defendant/BMC present. Shri. Dilip Jadhav for BMC present. Terms of compromise / settlement Plaintiff has withdrawn the suit as per the noting of Court proceeding of 07.11.2022. Accordingly suit stands disposed off as withdrawn. Proceeding closed. Panel Head Panel Member Panel Member HHJ Smt. A.H.Kashikar Adv. Ms. Pranjali Joshi Ms. Nalini Sonawane -- 2 of 2 --
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