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SUIT - SHORT CAUSE CIVIL SUIT

Mr. Sayyed Ali AkhtarVsThe Municipal Commissioner +1 more

CNR MHCC0100365020184-COURT 04 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 23rd March 2026

TrustJury record updated 10 Sept 2026

Case Overview

Registration Number
100771/2018
Registration Date
17 Mar 2018

Advocates

2

For Respondent

Parties

3

Acts & Sections

1
Hindu Marriage Act · Sec 34 · 37

Case History / Proceedings

Case History
Date: 26-03-2018
Business: By Precipee
Adv.Mr.Mishra for Plff.present.
Adv.for Plff.tendered draft N/m along with affidavit t.o.r. Leave granted to register N/m.  Returnable on next date.
Adv.Mr.Giri for BMC/Deft present.
Adjd.for N/m reply on 04.04.2018.
Next Purpose: HEARING
Next Hearing Date: 04-04-2018

Date: 04-04-2018
Business: Adv.Dhopatkar for Plff.present.
Adv.for Plff.tendered original registered N/m No.1309/18 t.o.r.
Adv.Mr.Giri for BMC/Deft.present.
On oral request of adv.for BMC adjd.for reply on 06.06.2018.
Next Purpose: HEARING
Next Hearing Date: 06-06-2018

Date: 06-06-2018
Business: Adv. Mr. Mishra for plaintiff present.
He requested time to serve summons upon defendants.
O- Time granted.
Adv. Mr. Giri for BMC present.
He prayed time to file reply.
At his request, adjd to 4.7.2018 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-07-2018

Date: 04-07-2018
Business: Adv. Mr. Mishra  for Plaintiff present and tendered original Writ of summons. t.o.r.
Adv. Mr. Giri for defendant / BMC present.
Adjd. to 01.08.2018 for W/s.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 01-08-2018

Date: 01-08-2018
Business: None for Plaintiff.
Adv. Mr. Giri for defendant / BMC present.
Adjd. to 29.08.2018 for filing reply.
Next Purpose: REPLY
Next Hearing Date: 29-08-2018

Date: 29-08-2018
Business: Adv.P.V. Dhopatkar for plaintiff present.
Adv.Bhoir for defendant no. / BMC present.
Matter adjd. to 15.10.18 for Reply.
Next Purpose: REPLY
Next Hearing Date: 15-10-2018

Date: 15-10-2018
Business: Adv. Manjali Mishra for plaintiff present.
Adv. Bhoir for defendant no. / BMC present.
Matter adjd. to 10.12.18 for Reply.
Next Purpose: REPLY
Next Hearing Date: 10-12-2018

Date: 10-12-2018
Business: None for plff.
Adv Mrs.Bhoir for BMC/deft. present
Adjd to 4/02/2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-02-2019

Date: 04-02-2019
Business: Adv Dhopatkar for plff present.
Adv Mrs.Bhoir for BMC/deft. present
Adjd to 13/03/2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-03-2019

Date: 13-03-2019
Business: Adv. Mr. Dhopatkar with Adv. R.A. Khan for Plff present.
Adv. Mrs. Smita Chavan h/f Adv. Mrs. Vyavhare for MCGM/Deft present.
On oral request of advocate for Defendant, adjournment granted as last chance.
Adjd to 25/4/2019 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-04-2019

Date: 25-04-2019
Business: Adv. Mr. Dhopatkar for Plff present.
Adv. Mrs. Vyavhare h/f Adv. Mrs. Bhoir for MCGM/ deft present.
On oral request of advocate for Defendant/MCGM, adjournment granted as last chance.
Adjd to 15/7/2019 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-07-2019

Date: 15-07-2019
Business: The P.O. is on leave.
Hence board is discharged.
Adjd to 28.08.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-08-2019

Date: 28-08-2019
Business: As P.O. is on training at Uttan, matter is adjd. till next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-11-2019

Date: 13-11-2019
Business: None for plaintiff.
Adv. Mrs. R.M. Hazare for Deft/MCGM present.
On oral request of advocate for Defendant, adjournment granted.
Matter is adj to 20/01/2020 for N/M Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-01-2020

Date: 20-01-2020
Business: Adv. Dhoptkar h/f adv.Khan for plaintiff present.
Adv. Khandagle for MCGM/Deft. present.
Matter adjd to 04.03.2020 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-03-2020

Date: 04-03-2020
Business: None for plaintiff.
Adv. Khandagle for MCGM/Deft. present.
On oral request of advocate for Defendant, adjournment granted.
Matter adjd to 03.07.2020 for NM reply.
L.O.
Adv. Dhoptkar for plaintiff present.
Matter adjd to 10.06.2020 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-06-2020

Date: 10-06-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-09-2020

Date: 04-09-2020
Business: Adjd to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-11-2020

Date: 09-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-02-2021

Date: 05-02-2021
Business: None for plaintiff.
Adv. Khandagle for deft/MCGM present and requests for time to file reply to NM No.1309/18. Time is granted till next date.
Matter adjd to 12/04/2021 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-04-2021

Date: 12-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-07-2021

Date: 14-07-2021
Business: Due to Covid-19 pandemic
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-09-2021

Date: 03-09-2021
Business: Adv Dhopatkar h/f Adv R.A. Khan 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 11/10/2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-10-2021

Date: 11-10-2021
Business: None for plaintiff.
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 03/12/2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-12-2021

Date: 03-12-2021
Business: Adv. Dhopatkar for Plaintiff present.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present and seeks time to file reply to NM. Time is granted till next date.
Matter is adjd to 21/02/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-02-2022

Date: 21-02-2022
Business: HHJ is on leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-03-2022

Date: 28-03-2022
Business: Adv R.A. Khan for  plaintiff present.
Adv. Smita Chavan h/f Adv. Tondwalkar for defendant/   MCGM present and request for filing reply to NM. Time is granted till next date.
Adjd. To 04-04-2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-04-2022

Date: 04-04-2022
Business: HHJ is on leave
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-06-2022

Date: 17-06-2022
Business: H.H.J. is on leave today.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-08-2022

Date: 17-08-2022
Business: Adv R.A. Khan for plaintiff present.
Adv. Tondwalkar for defendant/ MCGM present and request for filing reply to NM. Time is granted till next date.
Adjd. to 26/09/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-09-2022

Date: 26-09-2022
Business: Adv. R. A. Khan for plaintiff present.
Adv. Tondwalkar for defendant/ BMC present and requested time to file reply to N/M. Time is granted till next date.
Adjd. to 16/11/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-11-2022

Date: 16-11-2022
Business: Adv. R. A. Khan for plaintiff present.
Adv. Mr. Sutar h/f Adv. Mrs. Tondwalkar for defendant/ BMC is present and requested time to file reply to N/M. Time is granted till next date.
Adjd. to 06/01/2023 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-01-2023

Date: 06-01-2023
Business: P.O. is on leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-02-2023

Date: 13-02-2023
Business: As Court is busy in dictating orders in ad-interim relief and Ch/S order, board is discharged.
Adjd. to 03/04/2023 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-04-2023

Date: 03-04-2023
Business: Adv. R.A. Khan for plaintiff present.
Adv Suryavanshi for BMC requested time to file NM reply, hence time granted.
Adjd. To 05/07/2023 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-07-2023

Date: 05-07-2023
Business: P O Court is on leave
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-09-2023

Date: 27-09-2023
Business: Advocate R.A. Khan for plaintiff present.
Advocate Suryavanshi  for defendant/BMC present and seeks time to file reply to NM.
This NM is pending since 2018. hence time is granted as a last chance
Adjd  to   29.11.2023  for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-11-2023

Date: 29-11-2023
Business: Advocate S. B. Tiwari h/f R.A. Khan for plaintiff present.
Advocate Suryavanshi for defendant/BMC present and seeks time to file reply to NM.
The NM is pending since 2018 for reply but deft/BMC not filed reply. On previous date last chance has been granted but  today corporation is seeking time. In the circumstances No say order passed against deft/bMC. Matter adjourned for NM Hearing.
Adjd  to  22.01.2024    for NM Hearing
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-01-2024

Date: 22-01-2024
Business: As court is busy in Judgment in Suit No. 2251/14 and other hearing urgent matters, Board is discharged, hence matter adjourned.
Adjd  to 22.03.2024  for  NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-03-2024

Date: 22-03-2024
Business: Court is on leave, hence matter adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-04-2024

Date: 12-04-2024
Business: None present for plaintiff.
Advocate Suryavanshi for defendant/BMC present.
None present for plaintiff. Hence matter adjourned as a last chance
Adjd  to 21.06.2024 for NM  Hearing.
Later on 3.25 pm.
Adv. R. A. Khan for plaintiff present.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-06-2024

Date: 21-06-2024
Business: Adv. Mr. Khan for plaintiff present
Adv. Mr. Botlawar for B. M. C. present
Adv. for plaintiff submitted that his senior is in the Hon’ble High Court and requested for adjournment. Granted.
Adjd. to 19/7/2024 for Notice of Motion hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-07-2024

Date: 19-07-2024
Business: None present for plaintiff
Advocate Honmane  for defendant/BMC present.
When called none present for plaintiff. Suit is of year 2018 and NM is pending since 22.01.2024. The roznama shows that since that date none appeared for plaintiff. Hence matter adjourned and kept for dismissal of NM for want of prosecution.
Adjd  to   17.08.2024  for  NM dismissal.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 17-08-2024

Date: 17-08-2024
Business: Court is on leave
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 25-09-2024

Date: 25-09-2024
Business: Adv. Rajnish Dubey for plaintiff present and tendered pursis Exh.5 to keep NM alongwith Suit.
Advocate Botlawar for defendant/BMC present.
Adv for plaintiff submitted that he will serve writ of summons.
Adjd  to 20.01.2025   for  service of writ of summons.
Next Purpose: SERVICE
Next Hearing Date: 20-01-2025

Date: 20-01-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
None present for the plaintiff. The plaintiff is directed to ensure due service of suit summons on the other side and to file the writ of summons/affidavit of service, positively on the next date. In default, the suit would stand dismissed.
Adjourned for writ of summons/service affidavit to 07.04.2025
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 07-04-2025

Date: 07-04-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
None present for the plaintiff to proceed with the matter. Adv. Ms. Sujata Puri for defendant/MCGM is present. The matter is kept back.
Later on at 3.40 pm.
None present for the plaintiff. Rest appearance is as above.
Adjourned for writ of summons/service affidavit to 23.06.2025.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 23-06-2025

Date: 23-06-2025
Business: CORAM : H.H.J. SHRI. A.A LAULKAR (C.R. No. 04)
Adv. Mr. Rajnish Dubey a/w Adv. Mr. R.A. Khan  for the plaintiff is present.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present. Ld. Adv for the plaintiff submitted that the NM No. 1309/2018 connected with present suit be heard along-with the suit. He made written endorsement upon NM.
I have perused NM. Heard plaintiff. Ld. Adv for Defendant/MCGM has no objection for hearing NM along-with the suit. In view of that instant NM be tagged with present suit and it be heard along-with final prayers.
NM No. 1309/2018 is disposed of, being tagged with main suit, accordingly.
Advocate for plaintiff tender service of writ of summons. Taken on record. It is marked as Exhibit 6. O- Filed.
Ld Adv Vidya Vyavhare for defendant/MCGM appeared and sought time for filing written statement.
Adjourned for written statement to 04.08.2025.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 04-08-2025

Date: 04-08-2025
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. She acknowledged that writ of service is served upon MCGM. She sought last chance for filing WS. Granted lastly.
Adjourned for written statement to  25.08.2025.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 25-08-2025

Date: 25-08-2025
Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
None for the plaintiff is present.
Adv. Vidya Vyavahare for defendant/MCGM is present.
Despite opportunity no written statement is filed by defendant MCGM. Hence, suit to proceed without WS against defendant/MCGM.
Adjourned for R.E(without WS) to 29.09.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-09-2025

Date: 29-09-2025
Business: CORAM : H.H.J. SHRI. A. K. KALE (C.R. No. 04)
None present for the plaintiff.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
Adjourned for R.E(without WS).to 17.10.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-10-2025

Date: 17-10-2025
Business: CORAM : H.H.J. SHRI. A. K. KALE (C.R. No. 04)
None present for the plaintiff.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
Adjourned for R.E(without WS).to 14.11.2025
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-11-2025

Date: 14-11-2025
Business: CORAM : H.H.J. SHRI. A. K. KALE (C.R. No. 04)
Adv. Mr. Yash Vora is present and filed Vakalatnama on behalf of plaintiff Taken on record. It is marked as Exhibit 7. O- Seen.
The plaintiff is present in person.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
Adjourned for RE. to 07.01.2026
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-01-2026

Date: 07-01-2026
Business: CORAM : H.H.J. SHRI. C. S. DATIR(C.R. No. 04)
None present for the plaintiff.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
Adjourned for filing evidence of plaintiff/R.E.(Without WS) to 23.03.2026
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-03-2026

Date: 23-03-2026
Business: CORAM : H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
None present for the plaintiff.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
	Plaintiff is absent with his Advocate when called repeatedly. It appears,  suit is old one, filed in the year of 2018. Sufficient time has been granted to file evidence affidavit and proceed but in vain by one or other pretext. It shows, he is not keenly interested to proceed. It would not be appropriate to keep the suit pending for the same stage years together. Thus, suit stands dismissed for want of prosecution and finally disposed.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 23-03-2026

Additional Case Details

Additional Case Details
Filing Number: 104033/2018
Filing Date: 16-03-2018
First Hearing Date: 11th June 2018
Decision Date: 23rd March 2026
Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE

Orders

2
Final Order 1
23 Mar 2026
Order Details: Other
Pdf Text: 21 Dt:23.03.2026
SU 771/18
CORAM : H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
None present for the plaintiff.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
Plaintiff is absent with his Advocate when called repeatedly.
It appears, suit is old one, filed in the year of 2018. Sufficient time
has been granted to file evidence affidavit and proceed but in vain
by one or other pretext. It shows, he is not keenly interested to
proceed. It would not be appropriate to keep the suit pending for
the same stage years together. Thus, suit stands dismissed for want
of prosecution and finally disposed.
Judge
-- 1 of 1 --
Order 1
23 Mar 2026
Order Details: Other
Pdf Text: 21 Dt:23.03.2026
SU 771/18
CORAM : H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
None present for the plaintiff.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
Plaintiff is absent with his Advocate when called repeatedly.
It appears, suit is old one, filed in the year of 2018. Sufficient time
has been granted to file evidence affidavit and proceed but in vain
by one or other pretext. It shows, he is not keenly interested to
proceed. It would not be appropriate to keep the suit pending for
the same stage years together. Thus, suit stands dismissed for want
of prosecution and finally disposed.
Judge
-- 1 of 1 --

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