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SUIT - SHORT CAUSE CIVIL SUIT

Shamim Ahmed KhanVsRashid Islam +1 more

CNR MHCC0100360120204-COURT 04 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 21st February 2026

TrustJury record updated 28 Sept 2026

Case Overview

Registration Number
102799/2023
Registration Date
28 Nov 2023

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    Specific Relief Act · Sec 34

    Case History / Proceedings

    Case History
    Date: 24-01-2024
    Business: None present for plaintiff
    Advocate Mhatre h/f Suryavanshi  for defendant/BMC present and seeks time to file WS. Time is granted.
    Adjd  to 26.04.2023   for filing WS
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 26-04-2024
    
    Date: 26-04-2024
    Business: None present for plaintiff.
    Advocate Suryavanshi for defendant No. 2/BMC present.
    None present for deft No. 1.
    Adjd  to  12.08.2024    for writ of summons upon deft No. 1 and 2
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 12-08-2024
    
    Date: 12-08-2024
    Business: None present for plaintiff
    Suit is filed in the year 2020 and it is pending for writ of summons but plaintiff has not taken steps to serve the writ of summons upon deft No.1. Suit is dismissed against deft No. 1.
    Adv. Botlawar for deft No. 2/BMC present and requested time to file WS. Hence time is granted as a last chance.
    Adjd  to  11.10.2024  for filing WS by deft/BMC
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 11-10-2024
    
    Date: 11-10-2024
    Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
    None present for plaintiff
    Advocate Botlawar   for defendant/BMC present and requested time to file evidence.  Hence time is granted one more last chance.
    Adjd  to 11.11.2024  for evidence of deft/BMC/R.E.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 11-11-2024
    
    Date: 11-11-2024
    Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
    None present for plaintiff.
    Advocate Sujata Puri for defendant No.2/BMC present.
    Suit is stage of filing WS by deft No. 2/BMC. However on previous date it is wrongly shown in evidence of deft/BMC. Hence roznama is corrected accordingly.
    Adv for deft/BMC requested to time to file WS. Hence matter adjourned.
    Adjd  to  13.01.2025  for filing WS by deft/BMC
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 13-01-2025
    
    Date: 13-01-2025
    Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
    None present for the plaintiff. Adv. Mr. Swapnil Bharti h/f Adv. Ms. Sujata Puri for defendant No. 2/MCGM is present and sought time to file WS. Time is granted. Rest of the defendant are absent.
    Adjourned for written statement to 16.04.2025.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 16-04-2025
    
    Date: 16-04-2025
    Business: P. O. is on leave. Hence, Matter is adjourned.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 28-07-2025
    
    Date: 28-07-2025
    Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
    None present for the plaintiff.
    Adv. Ms. Vidya Vyavhare for defendant/MCGM is present and sought time to file written statement. Time is granted strictly as a last chance.
    Adjourned for written statement to 10.09.2025.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 10-09-2025
    
    Date: 10-09-2025
    Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
    None present for the plaintiff.
    Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
    Despite opportunity no  WS filed by defendant no. 2. Hence suit to proceed without WS.
    Suit is already dismissed against defendant No. 1
    Adjourned for RE( Without WS) to 15.09.2025.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 15-09-2025
    
    Date: 15-09-2025
    Business: Court is on leave
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 26-11-2025
    
    Date: 26-11-2025
    Business: CORAM : H.H.J. SHRI. A. K. KALE (C.R. No. 04)
    None present for the plaintiff.
    Adv.  Rupali Patil h/f Adv. Vyavhare for defendant No. 2/MCGM is present.
    None present for defendant No. 1.
    Adjourned for RE( Without WS) to 19.01.2026
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 19-01-2026
    
    Date: 19-01-2026
    Business: CORAM : H.H.J. SHRI. C. S. DATIR(C.R. No. 04)
    Plaintiff is absent.
    Adv. Ms.Vidya Vyavahare for defendant No.02/MCGM is present.
    Adjourned for dismissal order to 07.02.2026.
    Next Purpose: DISMISSAL
    Next Hearing Date: 07-02-2026
    
    Date: 07-02-2026
    Business: CORAM : H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
    Plaintiff and his Adv is absent. Hence, kept for dismissal order.
    Adv. Ms. Rupali Patil for defendant/MCGM is present.
    Adjourned for dismissal to 21.02.2026
    Next Purpose: DISMISSAL
    Next Hearing Date: 21-02-2026
    
    Date: 21-02-2026
    Business: CORAM : H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
    None present for the plaintiff.
    Adv. Ms. Rupali Patil for defendant/MCGM is present.
    	Plaintiff and his advocate are absent when called repeatedly. It appears, plaintiff is absent since long and failed to take appropriate steps in order to proceed. As plaintiff is not attending the Court, it means, he is not keenly interested to proceed. Suit is pending since 2023. It would not be appropriate to keep the suit pending unnecessary for years together. Thus, suit stands dismissed for want of prosecution and finally disposed off.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 21-02-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 103987/2020
    Filing Date: 23-07-2020
    First Hearing Date: 24th January 2024
    Decision Date: 21st February 2026
    Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    21 Feb 2026
    Order Details: Other
    Pdf Text: 17 Dt:21.02.2026
    SU 2799/23
    CORAM : H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
    None present for the plaintiff.
    Adv. Ms. Rupali Patil for defendant/MCGM is present.
    Plaintiff and his advocate are absent when called
    repeatedly. It appears, plaintiff is absent since long and failed to
    take appropriate steps in order to proceed. As plaintiff is not
    attending the Court, it means, he is not keenly interested to
    proceed. Suit is pending since 2023. It would not be appropriate
    to keep the suit pending unnecessary for years together. Thus,
    suit stands dismissed for want of prosecution and finally
    disposed off.
    Judge
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