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SUIT - SHORT CAUSE CIVIL SUIT

Guru Gobind Singh English High School and Junior CollegeVsMCGM

CNR MHCC01003453201811-COURT 11 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 24th January 2023

TrustJury record updated 10 Sept 2026

Case Overview

Registration Number
100802/2018
Registration Date
20 Mar 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Hindu Marriage Act · Sec 34 · 38

    Case History / Proceedings

    Case History
    Date: 21-03-2018
    Business: Advocate Mr. K. P. Tiwari for the Plaintiff present.
    Advocate Mr. Khandagle for BMC/deft present.
    Mr. Amit Patil, Junior Engineer, B and F \''S\'' Ward present.
    List of the documents tendered by the BMC/deft. t.o.r.
    Earlier order to continue till next date.
    Matter adjd to 4.04.2018 for ad-interim hearing at 11.00a.m.
    Next Purpose: HEARING
    Next Hearing Date: 04-04-2018
    
    Date: 04-04-2018
    Business: Advocate Mr. K. P. Tiwari for the Plaintiff present.
    Advocate Ms. Tondwalkar for BMC/deft present.
    Adv for the Plaintiff has submitted that he will tender undertaking by taking responsibility in respect of notice structure in view of stability of the structure, if any mishap occur. Further he has submitted that the Plaintiff will not held responsible to the defendant for any mishap.
    KB at 2.45p.m.
    LO at 4.35 p.m.
    Same appearance.
    Undertaking with photographs tendered by the Plaintiff. t.o.r.
    Earlier order be continued till next date.
    Matter adjd to 16.04.2018 for N/M reply and hearing/ w.st by the defendant.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-04-2018
    
    Date: 16-04-2018
    Business: HHJ is on leave. Hence today board is discharged.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 25-04-2018
    
    Date: 25-04-2018
    Business: Advocate Mr. Manoj Sonawane h/f Tiwari for the plaintiff present.
    Advocate Ms. Tondwalkar for BMC/deft present.
    Officer Mr. Pradip Kumar Pathak Sub-Engineer Building proposal \\\''S\\\'' ward present.
    List of the documents tendered by the BMC/deft. t.o.r. O-filed.
    KB at 2.45p.m.
    LO at 4.00p.m.
    Advocate Mr. K. P. Tiwari for the Plaintiff present.
    Advocate Ms. Tondwalkar for BMC/deft present.
    Officer Mr. Pradip Kumar Pathak Sub-Engineer Building proposal \\\''S\\\'' ward present.
    Heard arguments.
    Matter adjd to 26.04.2018 for N/M orders.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 26-04-2018
    
    Date: 26-04-2018
    Business: Advocate Mr. Manoj Sonawane for the Plaintiff present.
    Advocate Mr. Khandagle for BMC/deft present.
    Earlier order to continue till next date.
    Matter adjd to 3.05.2018 for N/M order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 03-05-2018
    
    Date: 03-05-2018
    Business: Plaintiff present. Advocate present.
    Advocate Mr. Khandagle for Bmc/deft present.
    The court is busy in other matters on board.
    Hence, matter adjd to 4.05.2018 for N/M order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 04-05-2018
    
    Date: 04-05-2018
    Business: Adv. Sonawane for the Plaintiff prsent.
    Adv. Tondwalkar for the BMC/Deft.present.
    Court busy in other matter on the board.
    Matter adjd to 5.05.2018 for N/M orders.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 05-05-2018
    
    Date: 05-05-2018
    Business: Advocate Mr. Tiwari  for the Plaintiff present.
    Advocate Ms. Tondwalkar for BMC/deft present.
    Earlier order to continue till next date.
    The court is busy in hearing arguments in urgent matters.
    Hence matter adjd to 8.06.2018.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 08-06-2018
    
    Date: 08-06-2018
    Business: Adv Tiwari for the plaintiff present.
    Adv Tondwalkar for the def/BMC present.
    Earlier order to continue till next date.
    Adjourned to 25.06.2018  for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-06-2018
    
    Date: 25-06-2018
    Business: Adv Sonawane h/f adv Tiwari for plaintiff present.
    Adv Hajare h/f adv Tondwalkar for def/BMC present.
    Earlier order to continue till next date.
    Adjourned to 02.07.2018  for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-07-2018
    
    Date: 02-07-2018
    Business: Adv K P Tiwari for plaintiff present.
    Adv Tondwalkar for def/BMC present.
    Earlier order to continue till next date.
    Adjourned to 25.07.2018  for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-07-2018
    
    Date: 25-07-2018
    Business: Adv Sonawane for plaintiff present.
    Adv Tondwalkar for def/BMC present.
    Earlier order to continue till next date.
    Adjourned to 13.08.2018  for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-08-2018
    
    Date: 13-08-2018
    Business: Court is vacant. Hence today board is discharged.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-10-2018
    
    Date: 03-10-2018
    Business: Advocate for Plaintiff present.
    Advocate for BMC/Deft present.
    Earlier order to continue till next date.
    Court is busy in R/E in suit no.975/08 and dictating order in suit no.1866/10 and other matters, hence board is discharged and matter is adjourned to 24/10/2018.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-10-2018
    
    Date: 24-10-2018
    Business: Court is on leave. Hence today board is discharged
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-11-2018
    
    Date: 14-11-2018
    Business: Court is busy in hearing and dictating order in urgent applications, hence board is discharged and case is adjourned to 12/12/2018.
    Earlier order to continue till next date.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-12-2018
    
    Date: 14-11-2018
    Business: Court is busy in hearing and dictating order in urgent applications, hence board is discharged and case is adjourned to 12/12/2018.
    Earlier order to continue till next date.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-12-2018
    
    Date: 12-12-2018
    Business: Advocate Ms. Tondwalkar for Defendant/BMC filed list of documents, t.o.r.
    Court is busy in hearing and dictating order on Chamber Summons in suit no.493/16 and court has to hear urgent matters, hence case is adjourned to 14/01/2019.
    Earlier order to continue till next date.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-01-2019
    
    Date: 14-01-2019
    Business: Advocate Ms. Kiran Mishra for Plaintiff present.
    Advocate for BMC/Deft present.
    Earlier order to continue till next date.
    K.B.
    L.O.
    Advocate Mr. K. P. Tiwari for Plaintiff present.
    Court is busy in hearing urgent matters, hence case is adjourned to 28/01/2019 for hearing of Notice of Motion.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-01-2019
    
    Date: 28-01-2019
    Business: Advocate Ms.Chetna Agrawal h/f Adv. Tiwari for Plaintiff present and submitted that, advocate Mr. Tiwari is held up in  Hon\''ble High Court, hence matter may be adjourned.  Considering submissions adjourned.
    Advocate Ms. Tondwalkar for BMC/Deft present.
    Earlier order to continue till next date.
    Case is adjourned to 13/02/2019 for hearing of NM.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-02-2019
    
    Date: 13-02-2019
    Business: Advocate Mr. Sonavne h/f Adv. Y. K. Tiwari for Plaintiff present and requested to keep matter back.
    Advocate Ms. Tondwalkar for BMC/Deft present.
    K.B.
    L.O.
    Court is busy in hearing Chamber Summons in suit no.825/18 and Court has to hear urgent matters, hence case is adjourned to 06/03/2019.
    Earlier order to continue till next date.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-03-2019
    
    Date: 06-03-2019
    Business: Court is busy in dictating order on Notice of Motion in suit no.2563/2018 and court has to hear urgent matters, hence case is adjourned to 05/04/2019.
    Earlier order to continue till next date.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-04-2019
    
    Date: 05-04-2019
    Business: Adv. Sonawane h/f Adv. Tiwari for plaintiff present.
    Adv. Ms. Tondwalkar for MCGM/Deft present.
    Adv. Sonawane sought time as his senior is not available.
    Granted as last opportunity.
    Adjd to 22/04/2019 for NM hearing.
    Earlier order to continue till next date.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-04-2019
    
    Date: 22-04-2019
    Business: As Court is busy in hearing arguments in Suit no. 423/07 and in Suit no. 1071/19 and St. 4909/19 hence,the Case is adjd. To 10.06.2019  for  NM hearing.
    Earlier order to continue till next date.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-06-2019
    
    Date: 10-06-2019
    Business: Advocate Raju Pankar I/b adv. K.P.Tiwari and Co.  for plaintiff present.
    Advocate Ms.Chavan for defendant/MCGM present.
    KB
    LO
    Adv. Manoj Sonawane for Plaintiff present.
    Advocate Ms.Chavan for defendant/MCGM present.
    Earlier order to continue till next date.
    The case is adjourned to 05.08.2019   for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-08-2019
    
    Date: 05-08-2019
    Business: Advocate Ms.Kiran Mishra h/f adv. K.P.Tiwari for plaintiff present and submitted that adv. Tiwari is suffering from fever.  She sought time. Time is granted.
    Advocate Ms. Chavan for defendant/MCGM present.
    Earlier order to continue till next date.
    The case is adjourned to 09.09.2019 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-09-2019
    
    Date: 09-09-2019
    Business: Advocate Yash Tiwari for plaintiff present.
    Advocate Ms. Chavan  for defendant/MCGM present.
    Earlier order to continue till next date.
    The case is adjourned to 16.10.2019  for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-10-2019
    
    Date: 16-10-2019
    Business: Advocate Ms. Kiran Mishra h/f adv. K.P.Tiwari for plaintiff present and sought time. Time is granted as last opportunity. Failure of plaintiff to proceed with NM on next date will result in its dismissal without reference to the Court.
    Advocate Ms. Chavan for defendant/MCGM present.
    Earlier order to continue till next date.
    The case is adjourned to 11.11.2019  for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-11-2019
    
    Date: 11-11-2019
    Business: Advocate Mr. Devendra Yadav h/f adv. K.P. Tiwari and Co. for plaintiff present, prayed to keep back the matter.
    Advocate Ms. Chavhan for defendant/MCGM present.
    Earlier order to continue till next date.
    Matter is adjd. for NM order on 27.11.2019.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 27-11-2019
    
    Date: 27-11-2019
    Business: Adv. Mr. Tiwari for plaintiff present,prayed for adjd
    Adv. Mrs. Chavhan for deft./MCGM present.
    It is notice that draft NM is yet not registered.  Plaintiff to take proper steps for registration in four days, in default it be dismissed without reference to court.
    Earlier order to continue till next date.
    Matter is adjd. for NM registration on 11.12.2019.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 11-12-2019
    
    Date: 11-12-2019
    Business: Adv. Mr. Tiwari for plaintiff, tendered Registered NM no.4519/19., prayed for adjd to file rejoinder.
    Adv.Mrs. Chavhan for deft./MCGM present.
    Exh.7- List of documents filed by MCGM.
    Earlier order to continue till next date, if any.
    Matter is adjd. for NM hearing on 27.01.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-01-2020
    
    Date: 27-01-2020
    Business: Adv. Mr. Vinit Dubey h/f adv. K.P. Tiwari and Co. for plff., prayed for adjd as adv. Mr. Tiwari is busy on Dindoshi Court.
    Adv. Mrs. Chavhan for deft./MCGM present, raised objection for adjd.
    Exh.8- Adjournment application filed by plff.- Granted as last chance, plff to argue positively on next date, r/o. 17.02.2020 as prayed.
    Earlier order, if any, to continue till next date.
    Matter is adjd. for NM hearing 17.02.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-02-2020
    
    Date: 17-02-2020
    Business: Adv. Mr. Vinit Dubey h/f Adv. Mr. Y.K. Tiwari for plaintiff, submits that his senior Adv. Mr. Y.K. Tiwari is busy befor the Hon\''ble High Court, prayed for adjd.
    Adv. Mrs. Chavhan for deft./MCGM present, raised objection as last chance was granted on 27.01.2020.
    Adjournment is granted as prayed r/o. 18.02.2020 at 11.30a.m
    Matter is adjd. for NM hearing on 18.02.2020 at
    11.30 a.m.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-02-2020
    
    Date: 18-02-2020
    Business: Adv. Mr. Tiwari for plaintiff present.
    Adv. Mrs. Chavhan for deft./MCGM present.
    Heard arguments of both side.
    Posted for order.
    Matter is adjd for order on 11.03.2020.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 11-03-2020
    
    Date: 11-03-2020
    Business: Adv. Mr. Vinit Dubey for plff. present.
    Adv. Mrs. Chavan for deft./MCGM present.
    F.R.S.R. following order is passed on NM no. 4519/19.
                                       ORDER
    1. Notice of Motion no. 4519/19 stands dismissed.
    2. NM no. 4519/19 is disposed off accordingly.
    Matter is adjd. for W.S. on 24.06.2020.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 12-03-2020
    
    Date: 12-03-2020
    Business: By Precipe.
    Adv. Mr. Devendra Yadav for plaintiff present.
    Adv. Mrs. Chavan for deft./MCGM present.
    Exh.9- Application submitted for ad-interim EOC for six weeks to prefer appeal- Perused reply, it is strongly objected by adv. Mrs. Chavan.
    Order is uploaded.  However, ad-interim EOC is continued
    for three weeks, as a time to prefer appeal.  Plff. to note
    further extension will be given by this court.
    Matter is already adjd. for W.S. on 24.06.2020.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 24-06-2020
    
    Date: 24-06-2020
    Business: Adjd. to
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 30-07-2020
    
    Date: 30-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 05-10-2020
    
    Date: 05-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 26-11-2020
    
    Date: 26-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 20-02-2021
    
    Date: 20-02-2021
    Business: None present for plaintiff.
    Adv. Ms. Tondwalkar for deft./MCGM present and submitted that reply be treated as written statement. Written statement is marked at Exh.10.
    Matter is adjourned for issues to 20.04.21.
                                                                                   Judge
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 20-04-2021
    
    Date: 20-04-2021
    Business: Due to surge in Covid-19 matter is adjourned to next date.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 10-08-2021
    
    Date: 10-08-2021
    Business: Court is vacant
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 21-09-2021
    
    Date: 21-09-2021
    Business: Court is Vacant. Matter adj.to next date.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 30-10-2021
    
    Date: 30-10-2021
    Business: Court is vacant. Matter is adj. to next date.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 23-12-2021
    
    Date: 23-12-2021
    Business: P.O. is on leave.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 25-01-2022
    
    Date: 25-01-2022
    Business: None for plaintiff is present.
    Adv. Ms. Mhatre for defendant/MCGM is present.
    Adjourned for Draft issues to 08.03.2022.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 08-03-2022
    
    Date: 08-03-2022
    Business: None present for plaintiff.
    Adv. Ms. J.V. Mhatre for defendant/MCGM is present.
    Matter adjourned for draft issues to 26.04.2022.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 26-04-2022
    
    Date: 26-04-2022
    Business: PO is on training.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 27-06-2022
    
    Date: 27-06-2022
    Business: None present for plaintiff.
    Adv. Mr. Khandagale for defendant/MCGM is present.
    Even today, the parties did not file draft issues on the record.
    Adjourned for framing of issues to 29.08.2022.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 29-08-2022
    
    Date: 29-08-2022
    Business: None present for the plaintiff.
    Adv. Mr. Khandagale for defendant/MCGM is present.
    KB LO at 12:20.
    Issues framed. It is marked at Exh. 11.
    Adjourned for filing affidavit of documents to 31.10.2022.
    Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
    Next Hearing Date: 31-10-2022
    
    Date: 31-10-2022
    Business: None present for the plaintiff to file documents on affidavit.
    Adv. J.V. Mhatre for defendant/MCGM is present.
    Adjourned for R.E  to 20.12.2022.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 20-12-2022
    
    Date: 20-12-2022
    Business: None present for the plaintiff.
    Adv. Mrs. J.V. Mhatre for the defendant/MCGM is present.
    Adjourned for dismissal Orders to 24.01.2023.
    Next Purpose: DISMISSAL
    Next Hearing Date: 24-01-2023
    
    Date: 24-01-2023
    Business: Even today, none present for the plaintiff to proceed with the suit.
    Adv. Mrs. J.V. Mhatre for defendant/MCGM is present.
    Order below exhibit No.01:
         The record shows that the plaintiff is absent to proceed with the matter since last considerable time and therefore, it is posted for dismissal order. Nor, any stay order is communicated on the record. It is, thus, clear that he is not worried to proceed further with the suit. In the result, the suit stands dismissed for want of prosecution on his behalf in view of Order IX Rule 8 of the C.P.C., 1908. All the pending applications are filed. The parties are called upon to bear their own costs of litigation. Bill of costs be drawn-up accordingly. The proceeding stands closed.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 24-01-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 103838/2018
    Filing Date: 12-03-2018
    First Hearing Date: 21st March 2018
    Decision Date: 24th January 2023
    Court Number And Judge: 11-COURT 11  ADDL SESSIONS JUDGE

    Orders

    4
    Final Order 2
    24 Jan 2023
    Order Details: Other
    Pdf Text: 24.01.2023
    Sr. No. 10
    CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11)
    SU 802/18 Even today, none present for the plaintiff to proceed with the suit.
    Adv. Mrs. J.V. Mhatre for defendant/MCGM is present.
    Order below exhibit No.01:
    The record shows that the plaintiff is absent to proceed with the
    matter since last considerable time and therefore, it is posted for
    dismissal order. Nor, any stay order is communicated on the record.
    It is, thus, clear that he is not worried to proceed further with the
    suit. In the result, the suit stands dismissed for want of prosecution
    on his behalf in view of Order IX Rule 8 of the C.P.C., 1908. All the
    pending applications are filed. The parties are called upon to bear
    their own costs of litigation. Bill of costs be drawnup accordingly.
    The proceeding stands closed.
    Judge
    -- 1 of 1 --
    Interim Order 1Full order available
    11 Mar 2020

    Order Details: Notice of Motion Pdf Text: N/m No. 4519/19 in Suit No. 802/18. 1 Order. IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. NOTICE OF MOTION NO. 4519 OF 2019 (CNR NO. MHCC01-012320-2019) IN L. C. SUIT NO. 802 OF 2018 (CNR NO. MHCC01-003453-2018) Guru Gobind Singh English High School & Junior College ...Plaintiffs Versus The Municipal Corporation of Gr. Mumbai ...Defendants CORAM : SHRI G.G.BHANSALI. (C.R.NO.11). DATE : 11th MARCH, 2020. Mr. Tiwari, Advocate for Plaintiffs. Mrs. Chavan,…

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    Order 2
    24 Jan 2023
    Order Details: Other
    Pdf Text: 24.01.2023
    Sr. No. 10
    CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11)
    SU 802/18 Even today, none present for the plaintiff to proceed with the suit.
    Adv. Mrs. J.V. Mhatre for defendant/MCGM is present.
    Order below exhibit No.01:
    The record shows that the plaintiff is absent to proceed with the
    matter since last considerable time and therefore, it is posted for
    dismissal order. Nor, any stay order is communicated on the record.
    It is, thus, clear that he is not worried to proceed further with the
    suit. In the result, the suit stands dismissed for want of prosecution
    on his behalf in view of Order IX Rule 8 of the C.P.C., 1908. All the
    pending applications are filed. The parties are called upon to bear
    their own costs of litigation. Bill of costs be drawnup accordingly.
    The proceeding stands closed.
    Judge
    -- 1 of 1 --
    Order 1Full order available
    11 Mar 2020

    Order Details: Notice of Motion Pdf Text: N/m No. 4519/19 in Suit No. 802/18. 1 Order. IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. NOTICE OF MOTION NO. 4519 OF 2019 (CNR NO. MHCC01-012320-2019) IN L. C. SUIT NO. 802 OF 2018 (CNR NO. MHCC01-003453-2018) Guru Gobind Singh English High School & Junior College ...Plaintiffs Versus The Municipal Corporation of Gr. Mumbai ...Defendants CORAM : SHRI G.G.BHANSALI. (C.R.NO.11). DATE : 11th MARCH, 2020. Mr. Tiwari, Advocate for Plaintiffs. Mrs. Chavan,…

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