SUIT - SHORT CAUSE CIVIL SUIT
Mr. Ayub Mohommd ShriffVsDesignated Officer +1 more
CNR MHCC0100350220205-COURT 05 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 28th February 2025
TrustJury record updated 28 Sept 2026
Case Overview
- Registration Number
- 100777/2021
- Registration Date
- 11 Mar 2021
Advocates
1For Petitioner
For Respondent
Not available
Parties
3Petitioner
Respondent
Acts & Sections
1Specific Relief Act · Sec 34 · 37 · 38
Case History / Proceedings
Case History
Date: 20-08-2021
Business: As court is busy in hearing arguments on NM No. 4223/17 and NM no. 3257/17 in Suit no. 2037/2017. Hence remaining board is discharged. Hence, matter is adjd. to
Next Purpose: DIRECTIONS
Next Hearing Date: 20-10-2021
Date: 20-10-2021
Business: As court is busy in hearing arguments and order in Suit st. No. 4193/2021 on ad-interim and Exh. 11 in suit no. 315/2011, Hence remaining morning session board is discharged and matter is adjd. to. 06/12/2021.
Next Purpose: DIRECTIONS
Next Hearing Date: 06-12-2021
Date: 06-12-2021
Business: Adv. labde present for plaintiff and sought adjournment.
Adv. Soraan present for MCGM/defendant.
Matter adjourned for nm hrg. to 25/02/22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-02-2022
Date: 25-02-2022
Business: Adv. labde present for plaintiff and sought adjournment on the ground that plaintiff is not present for withdrawal of the suit.
Adv. Soraan present for MCGM/defendant.
Matter adjourned for withdrawal/order to 02/03/22.
Next Purpose: ORDER
Next Hearing Date: 02-03-2022
Date: 02-03-2022
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: ORDER
Next Hearing Date: 22-04-2022
Date: 22-04-2022
Business: H.H.J gone to training programe at Uttan hence, board discharged matter adjd to.
Next Purpose: ORDER
Next Hearing Date: 06-07-2022
Date: 06-07-2022
Business: Adv. Labde for plaintiff present.
Adv Smt. Kumud Soraan for defendant/MCGM present.
Matter adjourned for order to 24-08-2022
Next Purpose: ORDER
Next Hearing Date: 24-08-2022
Date: 24-08-2022
Business: Court is busy in hearing in urgent matters i.e. Suit No. 3558/2013 and Suit No. 3560/2013 and Judgment dictating in SC No. 297/2019 and Order dictating in Suit No. 5057/12,5058/12,5058/12,1193/19 St. No. 9271/22 and St No. 9271/22. Hence want of time board is discharged.
Next Purpose: ORDER
Next Hearing Date: 12-10-2022
Date: 12-10-2022
Business: Plaint at Exh.1.
V/P at Exh.2.
Memorandum of address at Exh.3.
List of documents at Exh.4.
Affidavit in support of plaint. Exh.5
Adv Mass for Plaintiff present.
Adv Smt. Kumud Soraan for defendant/MCGM present and tendered affidavit in reply cum W.S. TOR. Exh.6. She also tendered List of documents. TOR. Exh.7.
Matter is adjd for RE on 25-11-2022
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-11-2022
Date: 25-11-2022
Business: As Court is busy in High Court Time Bound Matter i.e. Suit No. 116 of 2012 and recording of evidence in Sessions Case No. 367 of 2020. Hence want of time board is discharged.
Matter is adjd for RE on 11-01-2023
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-01-2023
Date: 11-01-2023
Business: Adv Shah h/f Adv Gandhy for Plaintiff present.
Adv Smt. Kumud Soraan for defendant/MCGM present.
On oral request made by advocate for plaintiff short adjournment is granted. Matter is adjd for RE on 19-04-2023
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-04-2023
Date: 19-04-2023
Business: Adv. Khushi Verma for plaintiff.
Adv. Patil for MCGM/Defendant.
On oral request made by advocate for plaintiff short adjournment is granted as a last chance.
Matter adjourned for R/E on 14-07-2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-07-2023
Date: 14-07-2023
Business: None for plaintiff.
Adv. Pradip Patil for defendant/ BMC present.
Matter is adjd. to 15/09/2023 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-09-2023
Date: 15-09-2023
Business: Adv. Verma h/f Adv. Indira Labde for Plaintiff present.
Adv. Pradip Patil for MCGM present.
On oral request of Ld. Adv. For plaintiff matter is adjourned.
Matter is adjd to 25.10.2023 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-10-2023
Date: 25-10-2023
Business: Adv. Chudasama h/f Adv. P .D. Gandhi for Plaintiff present.
Adv. Pradip Patil for MCGM present.
On oral request of Ld. Adv. For plaintiff matter is adjourned.
Matter is adjd to 06.12.2023 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-12-2023
Date: 25-10-2023
Business: Adv. Chudasama h/f Adv. P .D. Gandhi for Plaintiff present.
Adv. Pradip Patil for MCGM present.
On oral request of Ld. Adv. For plaintiff matter is adjourned.
Matter is adjd to 06.12.2023 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-12-2023
Date: 06-12-2023
Business: Adv. Pratik for Plaintiff present.
Adv. Pradip Patil for MCGM present.
On oral request of Ld. Adv. For plaintiff matter is adjourned.
Matter is adjd to 07.02.2024 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-02-2024
Date: 07-02-2024
Business: Adv. Shah h/f Adv. P. D. Gandhi for Plaintiff present.
Adv. Pradip Patil for MCGM present.
Perusal of record shows that on 06.07.2022 notice of motion No. 1345/20 was kept for passing dismissal order. However, thereafter, on 12.10.2022 in view of filing reply cum written statement by the defendant/MCGM matter is directly posted for recording evidence. In fact neither NM is decided nor issues are framed.
Hence, matter be kept for hearing on NM No. 1345/20.
On oral request of Ld. Adv. For plaintiff matter is adjourned.
Matter is adjd to 03.04.2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-04-2024
Date: 03-04-2024
Business: Adv. Pendurkar h/f Adv. P. D. Gandhi for Plaintiff present.
Adv. Pradeep Patil for MCGM present.
On oral request of Ld. Adv. For plaintiff matter is adjourned.
Matter is adjd to 14.06.2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-06-2024
Date: 14-06-2024
Business: Adv. Shah for Plaintiff present.
Adv. Jawale for MCGM/deft. present.
On the request of Adv. for plaintiff, matter is adjourned.
Matter is adjd to 26-07-2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-07-2024
Date: 14-06-2024
Business: Adv. Shah for Plaintiff present.
Adv. Jawale for MCGM/deft. present.
On the request of Adv. for plaintiff, matter is adjourned.
Matter is adjd to 26-07-2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-07-2024
Date: 26-07-2024
Business: None for Plaintiff.
Adv. G. V. Jawale for MCGM present.
Matter is adjd to 09.09.2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-09-2024
Date: 09-09-2024
Business: Adv. Shah h/f Adv. P. D. Gandhi for Plaintiff present.
Adv. A. K. Nandanwar for MCGM present.
On oral request of Ld. Adv. For plaintiff matter is adjourned.
Matter is adjd to 14.10.2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-10-2024
Date: 14-10-2024
Business: Adv. Sayli Khare h/f Adv. P. D. Gandhi for Plaintiff present.
Adv. A. K. Nandanwar for MCGM present.
On oral request of Ld. Adv. For plaintiff matter is adjourned.
Matter is adjd to 22.11.2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-11-2024
Date: 22-11-2024
Business: Adv. Tejas Shah h/f Adv. P. D. Gandhi for Plaintiff present.
Adv. G. V. Jawale for MCGM present.
On oral request of Ld. Adv. For plaintiff matter is adjourned.
Matter is adjd to 17.01.2025 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-01-2025
Date: 17-01-2025
Business: Adv. Sayli Khare h/f Adv. P. D. Gandhi for Plaintiff present and requested for adjournment.
Adv. G. V. Jawale for MCGM present.
Matter is adjd to 29.01.2025 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-01-2025
Date: 29-01-2025
Business: Adv. P. D. Gandhi for Plaintiff present and requested for short adjournment. It is granted.
Adv. G. V. Jawale for MCGM present.
Matter is adjd to 12.02.2025 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-02-2025
Date: 12-02-2025
Business: Adv. Hridaya Mestry h/f Adv. P. D. Gandhy for Plaintiff present and requested for short adjournment. It is granted.
Adv. G. V. Jawale for MCGM present.
Matter is adjd to 28.02.2025 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-02-2025
Date: 28-02-2025
Business: Adv. Hridya Mestry h/f Adv. P. D. Gandhy along with plaintiff present and filed an application for withdrawal of suit. It is taken on record and marked at Exh.7
Adv. G. V. Jawale for MCGM present and filed say on overleaf of the Exh.7. Taken on record.
Order below Exh. 1.
Today plaintiff along with his advocate present and submitted that he do not want to proceed with the suit. On behalf of defendant/MCGM it has submitted that appropriate order be passed. Therefore, taking into consideration unconditional withdrawal of the suit by plaintiff and no objection of other side, I have no reason to hold anything contrary so in the result following order is passed -
1. L. C. Suit No. 777 of 2021 is hereby dismissed cum withdrawn for want of prosecution.
2. In view of the withdrawal of suit, NM No. 1345/20 does not survive so it is accordingly disposed off.
3. No order as to costs.
4. Bill of costs be drawn accordingly.
Nature Of Disposal: WITHDRAWL
Disposal Date: 28-02-2025Additional Case Details
Additional Case Details
Filing Number: 103878/2020 Filing Date: 08-07-2020 First Hearing Date: 07th April 2021 Decision Date: 28th February 2025 Court Number And Judge: 5-COURT 05 ADDL SESSIONS JUDGE
Orders
1Final Order 128 Feb 2025
28 Feb 2025
Order Details: Other Pdf Text: 28.02.2025 CORAM: SHRI R. S. ARADHYE, ADDL. SESSIONS JUDGE C.R.NO.5 SU. 777/21 NM 1345/20 Exh. 7 Adv. Hridya Mestry h/f Adv. P. D. Gandhy along with plaintiff present and filed an application for withdrawal of suit. It is taken on record and marked at Exh.7 Adv. G. V. Jawale for MCGM present and filed say on overleaf of the Exh.7. Taken on record. Order below Exh. 1. Today plaintiff along with his advocate present and submitted that he do not want to proceed with the suit. On behalf of defendant/MCGM it has submitted that appropriate order be passed. Therefore, taking into consideration unconditional withdrawal of the suit by plaintiff and no objection of other side, I have no reason to hold anything contrary so in the result following order is passed - 1. L. C. Suit No. 777 of 2021 is hereby dismissed cum withdrawn for want of prosecution. 2. In view of the withdrawal of suit, NM No. 1345/20 does not survive so it is accordingly disposed off. 3. No order as to costs. 4. Bill of costs be drawn accordingly. Judge -- 1 of 1 --
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