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SUIT - SHORT CAUSE CIVIL SUIT

Mohd. Akram Naurang KhanVsThe Assistant Municipal Commissioner

CNR MHCC01003691202011-COURT 02 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHER
Decision Date: 07th October 2025

TrustJury record updated 28 Sept 2026

Case Overview

Registration Number
101208/2020
Registration Date
03 Nov 2020

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Specific Relief Act · Sec 39

    Case History / Proceedings

    Case History
    Date: 11-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: DIRECTIONS
    Next Hearing Date: 30-01-2021
    
    Date: 30-01-2021
    Business: None present for plaintiff.
    Adv. Ms. Tondwalkar for deft./MCGM present.
    Matter is adjourned for NM reply to 18.03.21.
                                                                                   Judge
    Next Purpose: DIRECTIONS
    Next Hearing Date: 18-03-2021
    
    Date: 18-03-2021
    Business: Adv. Wasim Khan for plaintiff present.
    Adv. Tondavalkar h/f advocate Mhatre for deft./MCGM present and requested short time to file reply.
    Matter is adjourned for reply to 11/06/2021.
    Next Purpose: REPLY
    Next Hearing Date: 11-06-2021
    
    Date: 11-06-2021
    Business: Due to Covid 19
    Next Purpose: REPLY
    Next Hearing Date: 11-08-2021
    
    Date: 11-08-2021
    Business: Court is vacant. matter adj. to next date
    Next Purpose: REPLY
    Next Hearing Date: 17-09-2021
    
    Date: 17-09-2021
    Business: Court is Vacant. Matter adj. to next date.
    Next Purpose: REPLY
    Next Hearing Date: 22-10-2021
    
    Date: 22-10-2021
    Business: Court is vacant. Matter is adj. to next date.
    Next Purpose: REPLY
    Next Hearing Date: 01-12-2021
    
    Date: 01-12-2021
    Business: None present for Plaintiff.
    	Adv. Mr. Khandagale for Defendant/BMC present.
    	Matter adj. to 24/01/2022 for NM Reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 24-01-2022
    
    Date: 24-01-2022
    Business: None for the plaintiff is present.
    Adv. Mr. Khandagale for defendant/MCGM is present.
    Adv. for defendant orally requested for time to file NM reply. Granted.
    Adjourned for NM reply to 25.03.2022.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 25-03-2022
    
    Date: 25-03-2022
    Business: None present for plaintiff.
    Adv. Mr. Khandagale for defendant/MCGM is present and orally requested for time to file NM reply. Granted.
    Adjourned for NM reply and WS to 25.07.2022.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 25-07-2022
    
    Date: 25-07-2022
    Business: Adv. Ms. Bushra Khan h/f Adv. Wasim Khan For the plaintiff is present.
    Adv. Mr. Khandagale for defendant/MCGM is present and orally requested for time to file NM reply. Granted.
    Adjourned for NM reply and WS to 24.09.2022.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 24-09-2022
    
    Date: 24-09-2022
    Business: Working day cancelled as per circular dated 08.12.2022 Office Order No. 169/2022 and compensate on 08.10.2022
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 08-10-2022
    
    Date: 08-10-2022
    Business: Adv. Wasim Khan for the plaintiff is present.
    Adv. Khandagale for defendant/MCGM is present.
    Adjourned for NM reply and WS to 12.12.2022.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 12-12-2022
    
    Date: 12-12-2022
    Business: Adv. Mr. Wasim Khan for the plaintiff is present.
    Adv. Mr. Khandagale for defendant/MCGM is present and orally requested for time to file NM reply. Time is granted.
    Adjourned for NM reply and WS to 22.02.2023.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 22-02-2023
    
    Date: 22-02-2023
    Business: Adv. Ms. Kinjal Gogri h/f Adv. Khan for the plaintiff is present.
    Adv. Mrs. S.G. Chavan h/f Adv. Khandagale for defendant/MCGM is present and requested for time to file NM reply. Granted as a last chance.
    Adjourned for NM reply and WS to 24.04.2023.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 24-04-2023
    
    Date: 24-04-2023
    Business: Adv. Ms. Kinjal h/f Mr. Wasim Khan for the plaintiff is present.
    Adv. G.O.Giri for defendant/MCGM is present and requested for time to file NM reply. Granted as a last chance.
    Adjourned for NM reply/WS to 01.07.2023.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 01-07-2023
    
    Date: 01-07-2023
    Business: Adv. Mr. Wasim Khan for the plaintiff is present.
    Adv. Mr. G.O. Giri for defendant/MCGM is present and requested for time to NM reply/WS. Sufficient time is already granted. Hence, this request is discarded.
    Adjourned for No reply/No WS Order to 11.08.2023.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 11-08-2023
    
    Date: 11-08-2023
    Business: Adv. Mr. Wasim Khan for the plaintiff is present.
    Adv. Mr. G.O. Giri for defendant/MCGM is present and requested time to file NM reply/WS. Sufficient time is already granted. Hence, this request is discarded. The suit is proceeded without NM reply and WS.
    Adjourned for NM hearing (No reply and No WS) to 25.10.2023.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 25-10-2023
    
    Date: 25-10-2023
    Business: Adv. Ms. Gogri h/f Adv. Wasim Khan for the plaintiff is present and requested time to argue the NM. Time is granted.
    Adv. Mr. G.O. Giri for defendant/MCGM is present.
    Adjourned for NM hearing (No reply No WS) to 06.01.2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-01-2024
    
    Date: 06-01-2024
    Business: Adv. Ms. Kinjal Gogri h/f Adv. Wasim Khan for the plaintiff is present and sought time to argue on NM. Time is granted.
    Adv. Mr. Giri h/f Adv. Khandagale for defendant/MCGM is present.
    Adjourned for NM hearing (No reply No WS) to 07.02.2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-02-2024
    
    Date: 07-02-2024
    Business: Adv. Ms. Kinjal Gogri h/f Adv. Wasim Khan for the plaintiff is present and requested time to argue the NM. The plaintiff is called upon to file written submissions on NM.
    Adv. Mr. G.O. Giri for defendant/MCGM is present.
    Adjourned for written submissions on NM to 06.04.2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-04-2024
    
    Date: 06-04-2024
    Business: Adv. Ms. Kinjal Gogri h/f Adv. Wasim Khan for the plaintiff is present and sought time to file written submission on NM. Granted.
    Adv. Mrs. Mhatre h/f Adv. Giri for defendant/MCGM is present.
    Adjourned for file written submissions on NM by plaintiff (No WS No reply) to 26.06.2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-06-2024
    
    Date: 26-06-2024
    Business: Adv. Ms. Kinjal Gogri h/f Adv. Mr. Wasim Khan for the plaintiff is present and filed the application for adjournment. Taken on record. It is marked as Exhibit 2. O- Considering the reasons, the matter is adjourned.
    Adv. Mr. Arvind Rathod for defendant/ MCGM is present.
    Adjourned for written submissions (No reply) on NM to 19.08.2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-08-2024
    
    Date: 19-08-2024
    Business: Court is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-10-2024
    
    Date: 25-10-2024
    Business: Adv. Ms. Kinjal Gogri h/f Adv. Mr. Wasim Khan for the plaintiff is present and sought time for written submissions on NM. Granted. Adv. Mr. Botlawar a/w Adv. Mr. V.G. Shinde for defendant/MCGM is present.
    Adjourned for written submissions on NM to 18.12.2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-12-2024
    
    Date: 18-12-2024
    Business: Adv. Mr. Wasim Khan for the plaintiff is present and requested time to file written submissions on NM. Time is granted. Adv. Mr. Botlawar for defendant/MCGM is present.
    Adjourned for written submissions on NM to 14.02.2025.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-02-2025
    
    Date: 14-02-2025
    Business: Adv. Mr. Wasim Khan for the plaintiff is present and requested time to argue the NM. Time is granted. Adv. Mr. V.G. Shinde for defendant/BMC is present.
    Adjourned for NM hearing to 05.04.2025.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-04-2025
    
    Date: 05-04-2025
    Business: Adv. Mr. Wasim Khan for the plaintiff is present and requested time to argue the NM. Time is granted. Adv. Mr. Botlawar a/w Adv. Mr. V.G. Shinde for defendant/BMC is present and requested time to argue the NM. Time is granted.
    Adjourned for NM hearing to 11.06.2025.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-06-2025
    
    Date: 11-06-2025
    Business: CORAM: H.H.J. SHRI. V. R. JAGDALE (C.R. NO.11)
    Adv. Mr. Wasim Khan for the plaintiff is present. Adv. Mr. Botlawar for defendant/BMC is present.
    keep back
    Later on  3.30 p.m
    Adv. Mr. V.G. Shinde for defendant/MCGM is present. Rest of the appearance is as above. Partly Heard both sides on NM.
    Adjourned for further argument on NM/P.H. to 25.06.2025.
                                                                                                     Judge
    Next Purpose: NM  P.H.
    Next Hearing Date: 25-06-2025
    
    Date: 25-06-2025
    Business: court is on leave, hence adjd. to
    Next Purpose: NM  P.H.
    Next Hearing Date: 25-07-2025
    
    Date: 25-07-2025
    Business: Adv. Mr. Wasim Khan for the plaintiff is present. Adv. Mr. Botlawar a/w Adv. Mr. V.G. Shinde for defendant/BMC is present. Heard both the sides on NM.
    Adjourned for NM Order to 14.08.2025.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 14-08-2025
    
    Date: 14-08-2025
    Business: PO is on leave.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 16-09-2025
    
    Date: 16-09-2025
    Business: Adv. Ms. Alifa Shah for the plaintiff is present. Adv. Mrs. Sheetal Metakari a/w Adv. Mr. S.R. Yadav for defendant/BMC is present.
    The Court is busy in other urgent matters.
    Adjourned for NM Order to 07.10.2025.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 07-10-2025
    
    Date: 07-10-2025
    Business: Adv. Ms. Arifa Shah h/f Adv. Mr. Wasim Khan for the plaintiff is present. Adv. Mrs. Sheetal Metakari for defendant/BMC is present.
    Kept back.
    Later on 3.40 p.m.
    Adv. Mr. Wasim Khan for the plaintiff is present. Rest appearance is as above.
    	Today, Notice of motion No. 1430/2020 is for Order. I have perused NM. The defendant has failed to file affidavit in reply. I had also heard Ld. advocate for the plaintiff and defendant.
    	In the NM plaintiff has sought relief of temporary injunction that defendant be restrained from demolishing the suit premises in pursuant to Notice dtd. 31.07.2020.
    	On perusal of the record it is clear that Speaking Order is not yet passed against the plaintiff.
    	In such a contingency defendant is directed to pass Speaking Order and also further directed that it should not take any coercive action in respect of suit premises till passing of Speaking Order.
    Therefore, cause of action does not survive and the NM No. 1430/2020 and suit is disposed of with liberty to the plaintiff to file fresh suit after Speaking Order is passed on new cause of action.
    Nature Of Disposal: OTHER
    Disposal Date: 07-10-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 104150/2020
    Filing Date: 07-08-2020
    First Hearing Date: 11th November 2020
    Decision Date: 07th October 2025
    Court Number And Judge: 11-COURT 02 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    07 Oct 2025

    Order Details: Other Pdf Text: 07.10.2025 CORAM: H.H.J. SHRI. V. R. JAGDALE (C.R. NO.11) Sr. No. 40 SU 1208/20 NM 1430/20 Adv. Ms. Arifa Shah h/f Adv. Mr. Wasim Khan for the plaintiff is present. Adv. Mrs. Sheetal Metakari for defendant/BMC is present. Kept back. Later on 3.40 p.m. Adv. Mr. Wasim Khan for the plaintiff is present. Rest appearance is as above. Today, Notice of motion No. 1430/2020 is for Order. I have perused NM. The defendant has failed…

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