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SUIT - SHORT CAUSE CIVIL SUIT

Mohammed Yakub Ibrahim SayyedVsMCGM

CNR MHCC0100353420204-COURT 04 AD-HOC JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 24th December 2024

TrustJury record updated 28 Sept 2026

Case Overview

Registration Number
100787/2021
Registration Date
11 Mar 2021

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Respondent

    1. 1MCGM

    Acts & Sections

    1
    CODE OF CIVIL PROCEDURE · Sec 2 · Order 39 · Rule 1

    Case History / Proceedings

    Case History
    Date: 06-05-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: DIRECTIONS
    Next Hearing Date: 15-07-2021
    
    Date: 15-07-2021
    Business: Due to covid-19.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 03-09-2021
    
    Date: 03-09-2021
    Business: None for plaintiff.
    Adjd. To 20/10/2021 for directions.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 20-10-2021
    
    Date: 20-10-2021
    Business: None present for plaintiff.
    Adjd. for direction to 12.01.2022.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 12-01-2022
    
    Date: 12-01-2022
    Business: In view of office order no.7/2022 dated 07.01.2022 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06.01.2022 of Hon\''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s.
    Adjd. to 08/04/2022 for direction .
    Next Purpose: DIRECTIONS
    Next Hearing Date: 08-04-2022
    
    Date: 08-04-2022
    Business: HHJ is on leave.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 04-07-2022
    
    Date: 04-07-2022
    Business: H.H.J. is on leave today.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 08-08-2022
    
    Date: 08-08-2022
    Business: None for plaintiff.
    Adjd. to 21/09/2022 for service of writ of summons.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 21-09-2022
    
    Date: 21-09-2022
    Business: None for plaintiff.
    Adjd. to 23/11/2022 for writ of summons.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 23-11-2022
    
    Date: 21-09-2022
    Business: None for plaintiff.
    Adjd. to 23/11/2022 for writ of summons.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 23-11-2022
    
    Date: 23-11-2022
    Business: None for plaintiff.
    Adjd. to 10/02/2023 for writ of summons.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 10-02-2023
    
    Date: 10-02-2023
    Business: None for plaintiff.
    Suit is pending since long for writ of summons. Neither plaintiff nor his advocate remains present. The plaintiff has not filed writ of summons and also not filed affidavit of service. Hence, matter is kept for dismissal order.
    Adjd. to 24/03/2023 for dismissal order.
    Next Purpose: DISMISSAL
    Next Hearing Date: 24-03-2023
    
    Date: 24-03-2023
    Business: None present for plaintiff.
    Matter adjd for suit dismissal order to 30.06.2023.
    L.O.11.40 a.m.
    Adv. Keyur Kulkarni h/f Adv. P.N. Kulkarni for plaintiff present.
    Next Purpose: DISMISSAL
    Next Hearing Date: 30-06-2023
    
    Date: 30-06-2023
    Business: None present for plaintiff.
    Advocate Suryavanshi for defendant/BMC present.
    Keep back
    L.O. 4.00 p.m.
    None present for plaintiff.
    Adjd  to 11.08.2023  for dismissal of suit.
    Next Purpose: DISMISSAL
    Next Hearing Date: 11-08-2023
    
    Date: 11-08-2023
    Business: None present for plaintiff. Suit has been filed in the year 2020 inspite of direction plaintiff does not taken steps for service of writ of summons for defendants. Hence, suit was kept for dismissal for want of prosecution. Today none present for plaintiff. Hence, matter adjourned and kept for dismissal of suit.
    Adjd to  16.09.2023  for  dismissal of suit
    Next Purpose: SUIT DISMISSAL
    Next Hearing Date: 16-09-2023
    
    Date: 16-09-2023
    Business: Advocate Shree Bhosale h/f P. N.Kulkarni for plaintiff present and submitted that Sr. Adv. P. N. Kulkarni has under gone Angiography surgery. However considering the  illness of Advocate. Last chance has been granted.
    Advocate Mhatre for defendant/BMC present.
    Adjd  to 21.10.2023   for Dismissal of suit.
    Next Purpose: SUIT DISMISSAL
    Next Hearing Date: 21-10-2023
    
    Date: 21-10-2023
    Business: Advocate Mr. Kulkarni for plaintiff present and submitted that he is not having instructions and seeks time to take instructions. Hence adjourned by way of a last chance and adjourned for plaintiff’s evidence
    Adjd to 16/12/2023 for Plaintiff’s evidence.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 16-12-2023
    
    Date: 16-12-2023
    Business: As PO is on training at Uttan, matter is adjourned
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 03-02-2024
    
    Date: 03-02-2024
    Business: None present for plaintiff
    Advocate Suryavanshi  for defendant/BMC present.
    Writ of summons is not served upon other side but on 21.10.2023 matter was adjourned and wrongly shown in caption of  plaintiff evidence. Hence matter adjourned and kept for service of writ of summons.
    Adjd  to  24.04.2024  for   service of writ of summons
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 24-04-2024
    
    Date: 24-04-2024
    Business: None present for plaintiff
    Adjd  to  19.07.2024   for service of writ of summons
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 19-07-2024
    
    Date: 19-07-2024
    Business: None present for plaintiff
    Suit is of year 2021 and pending since long for writ of summons but plaintiff has not taken steps to serve writ of summons. Hence matter adjourned and kept for dismissal of suit for want of prosecution.
    Adjd  to  17.08.2024    for dismissal of suit.
    Next Purpose: SUIT DISMISSAL
    Next Hearing Date: 17-08-2024
    
    Date: 17-08-2024
    Business: Court is on leave
    Next Purpose: SUIT DISMISSAL
    Next Hearing Date: 21-09-2024
    
    Date: 21-09-2024
    Business: PO is on leave, hence board is discharged and matter is adjourned
    Next Purpose: SUIT DISMISSAL
    Next Hearing Date: 19-10-2024
    
    Date: 19-10-2024
    Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
    None for plaintiff present.
    Advocate Pooja Nagarthawar for defendants/BMC present.
    Adjd  to 16/11/2024 for dismissal of Suit.
    Next Purpose: SUIT DISMISSAL
    Next Hearing Date: 16-11-2024
    
    Date: 16-11-2024
    Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
    None present for plaintiff.
    Adv. Santosh Yadav  for defendant/BMC  present.
    As Court is busy in Targeted matter and judgment in Suit No. 1908/2016 and 1909/2016. Hence matter adjourned.
    Adjd  to  21.12.2024    for suit dismissal.
    Next Purpose: SUIT DISMISSAL
    Next Hearing Date: 21-12-2024
    
    Date: 21-12-2024
    Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
    None present for plaintiff
    Advocate Nagarthawar   for defendant/BMC present.
    As Court is busy in argument in Targeted matters suit No. 5035/2004 and 2024/2008 and judgment in suit No. 123/13. hence due to paucity of time matter adjourned
    Adjd  to 24.12.2024  for suit dismissal
    Next Purpose: SUIT DISMISSAL
    Next Hearing Date: 24-12-2024
    
    Date: 24-12-2024
    Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
    None present for plaintiff
    Advocate  Nagarthawar  for defendant/BMC present.
    keep back
    Later on
    Order below Exh. 1
    Suit is filed in the year 2020 and since many dates it is pending for service of writ of summons. The roznama shows that neither plaintiff nor his adv remains present. Today also none present for plaintiff. This shows that plaintiff is not interested to proceed with the suit. Hence I pass following order.
    ORDER
    Suit is dismissed for want of prosecution
    Draft Notice of Motion be disposed of and be registered for statistical
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 24-12-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 103912/2020
    Filing Date: 14-07-2020
    First Hearing Date: 06th May 2021
    Decision Date: 24th December 2024
    Court Number And Judge: 4-COURT 04 AD-HOC JUDGE

    Orders

    1
    Final Order 1
    24 Dec 2024
    Order Details: Other
    Pdf Text: 4 Dt:24.12.2024
    SU 787/21
    CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
    None present for plaintiff
    Advocate Nagarthawar for defendant/BMC present.
    keep back
    Later on
    Order below Exh. 1
    Suit is filed in the year 2020 and since many dates it is
    pending for service of writ of summons. The roznama
    shows that neither plaintiff nor his adv remains present.
    Today also none present for plaintiff. This shows that
    plaintiff is not interested to proceed with the suit. Hence I
    pass following order.
    ORDER
    Suit is dismissed for want of prosecution
    Draft Notice of Motion be disposed of and be registered for
    statistical
    Judge
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