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
2For Petitioner
For Respondent
Parties
3Petitioner
Acts & Sections
1Hindu 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
2Final Order 123 Mar 2026
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 123 Mar 2026
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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