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NOTICE OF MOTION

Mr. Rizwan Ahmed Mahmood Shaikh Suit St. No. - 4017/2020VsThe Asst. Municipal Commissioner +1 more

CNR MHCC0100364620204-COURT 04 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 05th May 2025

TrustJury record updated 28 Sept 2026

Case Overview

Registration Number
101274/2020
Registration Date
30 Jul 2020

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    CODE OF CIVIL PROCEDURE · Sec 9

    Case History / Proceedings

    Case History
    Date: 16-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 04-12-2020
    
    Date: 04-12-2020
    Business: None for plaintiff.
    Adv. Smita Chavan h/f Adv. Khandagale for deft/MCGM present and requests for time to file reply to NM.
    Time is granted till next date.
    Plaintiff is directed to tender original registered NM No.1274/2020 till next date.
    He is also directed to register the Suit till next date.
    Matter adjd to 05/03/2021 for NM Reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 05-03-2021
    
    Date: 05-03-2021
    Business: Adv. Shirish Shigwan h/f Adv. Ansari Asggar Kalim for plaintiff present.
    Adv. Khandagle for deft/MCGM present and requests for time to file reply to NM. Time is granted till next date.
    Plaintiff is directed to tender original NM and register the Suit till next date.
    Matter adjd to 11/06/2021 for NM Reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 11-06-2021
    
    Date: 11-06-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 19-07-2021
    
    Date: 19-07-2021
    Business: Due to Covid-19 pandemi
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 13-08-2021
    
    Date: 13-08-2021
    Business: Adv Ansari Asggar Kalim for plaintiff present.
    Adv. Mrs. Tondwalkar for Defendant/MCGM is present and requests for time to file reply to NM. Time is granted till next date.
    Adjd. To 06/10/2021 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 06-10-2021
    
    Date: 06-10-2021
    Business: Adv Ansari Asggar Kalim for plaintiff present.
    Adv. Mrs. Tondwalkar for Defendant/MCGM is present and requests for time to file reply to NM. Time is granted till next date.
    Adjd. To 13/12/2021 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 13-12-2021
    
    Date: 13-12-2021
    Business: Adv Shirish Shigwan h/f Adv Ansari Asggar Kalim for plaintiff present.
    Adv. Mrs. Tondwalkar for Defendant /MCGM is present and requests for time to file reply to NM.
    Time is granted till next date.
    Adjd. To 18/02/2022 for  NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 18-02-2022
    
    Date: 18-02-2022
    Business: HHJ is on leave.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 02-03-2022
    
    Date: 02-03-2022
    Business: Adv Shirish Shigwan h/f Adv Ansari Asggar Kalim for plaintiff present.
    Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
    By consent of both the parties, matter is referred to National Lok-adalat will be held on 12.03.2022 at 10.30 a.m.
    Earlier order, if any, to continue till next date.
    Adjd. to 12/03/2022 for National Lok-adalat.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 12-03-2022
    
    Date: 12-03-2022
    Business: Parties absent.
    As parties absent, could not be settled.
    Matter is adjd to 25.4.22.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 25-04-2022
    
    Date: 25-04-2022
    Business: Adv. Mr. Sigwan h/f Adv. Ansari Asggar Kalim for plaintiff present.
    Adv Mrs Tondwalkar for defendant No. 1 and 2/ MCGM is present.
    Matter is kept before National-Lok-Adalat will be held on 07.05.2022 at 10.30 a.m.
    Advocate for Plaintiff is directed to keep his client present on 07.05.2022 at 10.30 a.m.
    Adjd. To 07/05/2022 for Lok-Nayalay.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 07-05-2022
    
    Date: 07-05-2022
    Business: None for plaintiff.
    Adv Tondwalkar for defendant / BMC present.
    Matter stands Adj to 14/06/2022.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 14-06-2022
    
    Date: 14-06-2022
    Business: As Court is on leave today, board is discharged.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 03-08-2022
    
    Date: 03-08-2022
    Business: Adv. Ansari Asggar Kalim for plaintiff present.
    Adv. Mrs. Tondwalkar for defendant 1 and 2/ BMC is present.
    None for deft. Nos. 3.
    Matter is already referred to National Lok-Adalat will be held on 13/08/2022.
    Both parties are directed to remain present on 13/08/2022 at 10.30 a.m.
    Earlier order, if any, to continue till next date.
    Adjd. to 13/08/2022 for National Lok-Adalat.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 13-08-2022
    
    Date: 13-08-2022
    Business: NATIONAL LOK ADALAT HELD ON 13-08-2022 (PANEL-VII)
    Matter pertains to CR No.04
    None for plaintiff present.
    Adv Tondwankar for defendant/BMC present.
    Matter is adj to 12-10-2022.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 12-10-2022
    
    Date: 12-10-2022
    Business: Adv. Ansari Asggar Kalim for plaintiff present.
    Adv. Mrs. Tondwalkar for defendant Nos.1 and 2/ BMC is present and requested time to file reply to N/M. Time is granted till next date.
    None for deft. Nos.3.
    Earlier order, if any, to continue till next date.
    Adjd. to 23/11/2022 for N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 23-11-2022
    
    Date: 23-11-2022
    Business: As Court is busy in urgent ad-interim hearing, board is discharged.
    Earlier order, if any, to continue till next date.
    Adjd. to 08/02/2023 for N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 08-02-2023
    
    Date: 08-02-2023
    Business: Adv. Ansari Asggar Kalim for plaintiff present.
    Adv. Chavan h.f. Adv. Mr. Suryavanshi for defendants no. 1 and 2/ BMC is present and requested for time to file reply to NM. Time is granted.
    None for defendant no.3.
    Earlier order, if any, to continue till next date.
    Adjd. to 10/04/2023 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 10-04-2023
    
    Date: 10-04-2023
    Business: Adv. Mr. Ansari Asggar Kalim for plaintiff present.
    Adv. Mr. Suryavanshi for defendant / BMC is present.
    Earlier order, if any, to continue till next date.
    Matter is referred for National Lok-Adalat will be held on 30.04.2023.
    Both parties are directed to remain present before National Lok-Adalat at 10.30 A.M..
    Adjd. to 30.04.2023 for Lok-adalat.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 30-04-2023
    
    Date: 30-04-2023
    Business: NATIONAL LOK ADALAT HELD ON 30.04.2023 (PANEL- X)
    Matter pertains to CR No.4
    None present for plaintiff
    Advocate Suryawanshi for defendant/BMC present.
    Settlement not arrived at.
    Matter posted before regular Court.
    Matter is adjd to 19-07-2023
            Panel Head                                             Panel Member
    HHJ Smt. A.H. Kashikar                         Adv. Smt. Nalini Sonawane
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 19-07-2023
    
    Date: 19-07-2023
    Business: Advocate Ansari for plaintiff present.
    Advocate Suryavanshi for defendant/BMC present and seeks time to file reply to NM. Time is granted.
    Adjd  to 30.10.2023 for steps against defendant No. 3
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 30-10-2023
    
    Date: 30-10-2023
    Business: None present for plaintiff.
    Advocate Mhatre h/f Suryavanshi  for defendant 1 and 2/BMC present and seeks time to file reply to NM. Granted.
    It appears that there are only two defendants. However on previous date matter has been kept for steps against deft No. 3 Therefore roznama is corrected accordingly and matter adjourned for reply as a last chance as matter is of year 2021.
    Adjd  to 12.01.2024 at afternoon session for  NM Reply
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 12-01-2024
    
    Date: 12-01-2024
    Business: None present for plaintiff
    Advocate Suryavanshi for defendant/BMC present and seeks time to file reply to NM. Time is granted.
    Adjd  to  15.04.2024  for NM Reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 15-04-2024
    
    Date: 15-04-2024
    Business: As Court is busy in ad-interim hearing,  ch/s and NM order, Board is discharged. hence matter adjourned.
    Adjd  to 24.06.2024    for NM Reply
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 24-06-2024
    
    Date: 24-06-2024
    Business: Advocate Ansari Kalim for plaintiff present.
    Advocate  Boltwar for defendant/BMC present and seeks time to file reply to NM. Time is granted.
    Adjd  to 25.09.2024    for NM Reply
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 25-09-2024
    
    Date: 25-09-2024
    Business: Advocate Ansari for plaintiff present.
    Advocate  Botlawar  for defendant/BMC present and seeks time to file reply to NM.  Time is granted.
    This suit is DPL suit and there is element of settlement. Hence matter is referred to Lokadalat.
    Plaintiff is directed to remain present on 28.09.2024 before  10.30 p.m
    Adjd  to 28.09.2024  for Lokadalat.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 28-09-2024
    
    Date: 28-09-2024
    Business: Matter pertain to Court Room No. 04
    CA of Plaintiff Ramesh Dattatray Yarzal and Adv. Ansari Karim present.
    Adv Botlawar for Defendant/MMC (Ward M/East)
    present.
    Officer of concern ward (M/East) is absent.
    As officer of concern ward is absent, therefore, matter is not setteled.
    Matter is adjd on N/M Reply on 29.11.2024.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 29-11-2024
    
    Date: 29-11-2024
    Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
    As Court is busy in NM orders in group matters. Board is discharged. Hence matter adjourned
    Adjd  to 13.01.2025 for NM Reply
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 13-01-2025
    
    Date: 13-01-2025
    Business: Matter is already adjourned to 29.01.2025
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 29-01-2025
    
    Date: 29-01-2025
    Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
    Adv. Ms. Nikita Kamble h/f Adv. Mr. Kalim Ansair for the plaintiff is present and sought time to tender registered NM. Time is extended till the next date, subject to payment of costs of Rs. 3,000/- ( Rs. Three Thousand) in favour of the DLSA, Mumbai. In default, the suitable Orders would follow. Adv. Ms. Sujata Puri for defendant Nos. 1 and 2/MCGM is present. None present for defendant No.3.
    Adjourned for costs/compliance/tendering registered NM/NM reply to 24.03.2025.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 24-03-2025
    
    Date: 24-03-2025
    Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
    None present for the plaintiff to tender registered NM. Hence, it is posted for dismissal. Adv. Ms. Sujata Puri for defendant Nos. 1 and 2/MCGM is present. None present for defendant No. 3.
    Adjourned for NM Dismissal to 19.04.2025.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 19-04-2025
    
    Date: 19-04-2025
    Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
    None present for the plaintiff to proceed with the NM. Hence, it is posted for NM dismissal. Adv. Mr. Swapnil Bharti h/f Adv. Ms. Sujata Puri for defendant Nos. 1 and 2/MCGM is present. None present for defendant No. 3.
    Adjourned for NM dismissal to 05.05.2025.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 05-05-2025
    
    Date: 05-05-2025
    Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
    Adv. Mr. Ansari Asggar Kalim for the plaintiff is present. He submitted that the plaintiff is absent to tender the registered NM and therefore, the matter may be referred to Lok Adalat. Sufficient time is already granted. Hence, the untendered registered NM No. 1274/2020 is dismissed. Adv. Ms. Sujata Purli h/f Adv. Ms. Sangita Honmane for defendant No.3/MCGM is present. By consent of the parties, the matter is referred to ensuing Lok-Adalat and issuance of separate notices is dispensed with.
    Adjourned for Lokadalat to 10-05-2025.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 05-05-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 104086/2020
    Filing Date: 30-07-2020
    First Hearing Date: 16th October 2020
    Decision Date: 05th May 2025
    Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    05 May 2025
    Order Details: Other
    Pdf Text: Dt:05.05.2025
    Sr. No. 13
    SU 767/21
    NM 1274/20
    CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
    Adv. Mr. Ansari Asggar Kalim for the plaintiff is present. He
    submitted that the plaintiff is absent to tender the registered NM
    and therefore, the matter may be referred to Lok Adalat. Sufficient
    time is already granted. Hence, the untendered registered NM No.
    1274/2020 is dismissed. Adv. Ms. Sujata Purli h/f Adv. Ms. Sangita
    Honmane for defendant No.3/MCGM is present. By consent of the
    parties, the matter is referred to ensuing Lok-Adalat and issuance
    of separate notices is dispensed with.
    Adjourned for Lokadalat to 10-05-2025. Judge
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