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SUIT - SHORT CAUSE CIVIL SUIT

Yogesh Trimbak SableVsMunicipal Corporation For Greater Bombay +2 more

CNR MHCC01003692202011-COURT 11 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 19th October 2024

TrustJury record updated 28 Sept 2026

Case Overview

Registration Number
101365/2020
Registration Date
08 Dec 2020

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    4

    Acts & Sections

    1
    Specific Relief Act · Sec 34 · 36

    Case History / Proceedings

    Case History
    Date: 16-12-2020
    Business: None for plaintiff.
    Adv. Mhatre for deft.1 and 2/MCGM present.
    Adv. Kamble for deft. no.3 present.
    Earlier order, if any, to continue till next date.
    Matter is adjd.to 17-02-2021  for NM Reply.
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-02-2021
    
    Date: 17-02-2021
    
    Date: 21-04-2021
    Business: Due to surge in Covid-19, matter is adjourned to next date.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 23-07-2021
    
    Date: 23-07-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 27-09-2021
    
    Date: 27-09-2021
    Business: Court is Vacant. Matter adj.to next date.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 09-11-2021
    
    Date: 09-11-2021
    Business: Court is Vacant. Matter is adj. to next date.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 09-12-2021
    
    Date: 09-12-2021
    Business: Court is on leave.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 27-01-2022
    
    Date: 27-01-2022
    Business: CORAM-H.H.J. SHRI. S.D. KULKARNI (C.R.No.08)
    (Matter pertains to C.R. No.11)
    Adv. Mrs. Mhatre  for deft./MCGM present.
    In view of office order no. 07/2022 dated 07.01.2022 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06.01.2022 of Hon\''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s.
    Earlier order if any, to continue till next date.
    Matter is adjd. For NM reply to 17.03.2022.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-03-2022
    
    Date: 17-03-2022
    Business: None present for plaintiff.
    Adv. Ms. J.V. Mhatre for defendant No. 1 and 2/MCGM is present and orally requested for time to file NM reply. Granted.
    None present for defendant No. 3
    Earlier order, if any, to continue till the next date.
    Adjourned for NM reply to 23.06.2022.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 23-06-2022
    
    Date: 23-06-2022
    Business: None present for plaintiff.
    Adv. Mrs. J.V. Mhatre  for defendant Nos. 1 and 2/MCGM is present and filed list of documents. TOR. It is marked at Exh. 06. She orally requested for time to file NM reply. Time granted.
    None present for defendant NO.3.
    Earlier order, if any, to continue till the next date.
    Adjourned for NM reply and WS to 25.08.2022.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 25-08-2022
    
    Date: 25-08-2022
    Business: Adv. Mr. Abhinav Dubey for the plaintiff is present.
    Adv. Mrs. J.V. Mhatre for defendant Nos. 1 and 2 /MCGM is present. Copy of list of documents exhibit 6 is supplied to the plaintiff. She orally requested for time to file NM reply. Granted as a last chance.
    None present for the defendant No. 3
    Earlier order, if any, to continue till the next date.
    Adjourned for NM reply and WS  to 13.10.2022.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 13-10-2022
    
    Date: 13-10-2022
    Business: None present for plaintiff.
    Adv. Khandagale h/f Adv. Ms. J.V. Mhatre for defendant Nos.1 and 2 /MCGM is present and orally requested for time to file NM reply and W.S.. Granted as a last chance.
    None for defendant No.3.
    Earlier order, if any, to continue till the next date.
    Adjourned for NM reply/W.S. to 17.12.2022.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-12-2022
    
    Date: 17-12-2022
    Business: None present for the plaintiff.
    Adv. Mrs. J.V. Mhatre for defendant/MCGM is present and orally requested for time to file NM reply. Time is granted.
    Earlier order, if any, to continue till the next date.
    Adjourned for NM reply and WS to 18.02.2023.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 18-02-2023
    
    Date: 18-02-2023
    Business: None present for the plaintiff.
    Adv. Mrs. S.G. Chavan for defendant Nos. 1 and 2/MCGM is present and requested for time to file NM reply. Time is granted.
    None present for defendant No. 3.
    Earlier order, if any, to continue till the next date.
    Adjourned for NM reply and WS to 25.04.2023.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 25-04-2023
    
    Date: 25-04-2023
    Business: None present for the plaintiff.
    Adv. Mrs. Smita Chavan for defendant Nos. 1 and 2/MCGM is present and requested for time to file NM reply. Time is granted.
    Defendant No. 3 is absent.
    Earlier order, if any, to continue till the next date.
    Adjourned for NM reply/WS to 27.06.2023.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 27-06-2023
    
    Date: 27-06-2023
    Business: None present for the plaintiff.
    Adv. Ms. S.S. Chavan for defendant Nos. 1 and 2 /MCGM is present and requested for time to NM reply/WS. Time is granted.
    Rest of the defendants are absent.
    Earlier order, if any, to continue till next date.
    Adjourned for NM reply/WS to 19.08.2023.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 19-08-2023
    
    Date: 19-08-2023
    Business: None present for the plaintiff.
    Adv. Mr. Khandagale h/f Adv. Ms. S.S. Chavan for defendant Nos. 1 and 2/MCGM is present and requested time to file NM reply/WS. Time is granted.
    Adv. Mr. Ujwal Agandh Sugved for defendant No.3 is present. He informed that as per the instruction, the plaintiff is no more.
    Rest of the defendants are absent.
    Earlier order, if any, to continue till next date.
    Adjourned for NM reply/WS to 10.10.2023.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 10-10-2023
    
    Date: 10-10-2023
    Business: Matter pertains to C. R. No. 11
    None present for the plaintiff.
    None present for Defendant/MCGM.
    Adv. Mr. Mishra for defendant No. 3 is present.
    Earlier order, if any, to continue till next date.
    Adjourned for NM reply/WS to 02.12.2023.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 02-12-2023
    
    Date: 02-12-2023
    Business: Matter pertains to C. R. No. 11
    None present for the plaintiff.
    Adv. Mr. G.O. Giri for defendant/MCGM is present.
    Earlier order to continue till next date.
    Adjourned for NM Replyrejoinder to 06.02.2024.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 06-02-2024
    
    Date: 06-02-2024
    Business: None present for the plaintiff. On 19.08.2023, the advocate for defendant No.3 informed the Court that as per the instructions, the plaintiff is no more. Hence, the advocate for plaintiff is called upon to verify this aspect and to proceed with the matter by taking appropriate steps on next date. In default, suitable Order to follow.
    Adv. Mr. Khandagale for defendant Nos. 1 and 2/MCGM is present and sought time to file NM reply. Sufficient time is already granted. Hence, this request is discarded. The suit is posted without their WS and NM reply.
    Adv. Mr. Ujwal Agandsurve for defendant No. 3 is present.
    Earlier order, if any, to continue till next date.
    Adjourned for steps/NM hearing to 05.04.2024.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 05-04-2024
    
    Date: 05-04-2024
    Business: None present for the plaintiff to take steps in the matter on demise of the sole plaintiff. Hence, the suit is posted for suitable Order.
    Adv. Mr. Khandagale for defendant Nos. 1 and 2/MCGM is present.
    Rest of the defendants are absent.
    Earlier order, if any, to continue till next date.
    Adjourned for suitable Order to 27.06.2024.
    Next Purpose: ORDER
    Next Hearing Date: 27-06-2024
    
    Date: 27-06-2024
    Business: None present for the plaintiff. The matter is kept back.
    Adv. Mr. S.R. Yadav a/w Adv. Ms. Nagarthawar for defendant Nos. 1 and 2/ MCGM is present. Adv. Mr. Ujwal Agandsure for defendant No. 2 is present.
    Later on 4.00 p.m.
    Barring appearance of defendant Nos. 1 and 2, rest of the parties are absent. None present for the plaintiff to take steps as regards the reported demise of the sole plaintiff. It is, thus, clear the plaintiff is not interested to proceed with the matter. In the result, NM No. 1297/2020 stands dismissed in default. The suit is posted for suitable Order.
    Later on 4.48 p.m.
    Adv. Mr. Ujwal Agandsure for defendant No. 2 is present. He is informed that the matter is already adjourned.
    Adjourned for suitable Order to 30.07.2024.
    Next Purpose: ORDER
    Next Hearing Date: 30-07-2024
    
    Date: 30-07-2024
    Business: None present for the plaintiff to proceed with the matter.
    Adv. Mrs. S.R. Charatkar for defendant Nos. 1 and 2/MCGM is present. None present for defendant No.3.
    Adjourned for suitable Order to 05.09.2024.
                                                                                                     Judge
    Next Purpose: ORDER
    Next Hearing Date: 05-09-2024
    
    Date: 05-09-2024
    Business: None present for the plaintiff to proceed with the matter.
    Adv. Mrs. S.R. Charatkar for defendant Nos. 1 and 2/MCGM is present. Rest of the defendants are absent.
    Adjourned for dismissal to 19.10.2024.
    Next Purpose: DISMISSAL
    Next Hearing Date: 19-10-2024
    
    Date: 19-10-2024
    Business: None present for the plaintiff. Adv. Mr. S.R. Yadav for defendant Nos. 1 and 2/MCGM is present. Adv. Mr. Ujwal Agandh Sugved for defendant No. 3 is present. The matter is kept back.
    Later on 12.46 p.m.
    The appearance is as above.
    Order below Exhibit No. 01
          The record shows that the plaintiff is absent to proceed further with the matter since last considerable time and hence, it is posted for dismissal order. Even today, he was absent and hence, the suit was kept back for his appearance, but in vain. Nor, any stay order is communicated on record. As per roznama dtd. 19.08.2023, the advocate for defendant No.3 informed that the plaintiff is no more. However, thenceforth, nobody attended this matter for plaintiff. It is, thus, clear that he is not worried to proceed further with the suit. In the result, the suit is dismissed for want of his prosecution. All the pending applications are filed. The parties to bear their own costs of litigation. Bill of costs be drawn-up accordingly.
    The Original documents filed on record be returned to the respective parties, on their submitting its Certified Copies, if the documents are exhibited, or Self-attested True Copies, if the documents are not exhibited, along-with undertaking to furnish the originals as and when required by the Court. The concerned Department to do the needful. The proceeding is closed.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 19-10-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 104151/2020
    Filing Date: 07-08-2020
    First Hearing Date: 16th December 2020
    Decision Date: 19th October 2024
    Court Number And Judge: 11-COURT 11  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    19 Oct 2024

    Order Details: Other Pdf Text: 19.10.2024 CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11) Sr. No. 18 SU 1365/20 None present for the plaintiff. Adv. Mr. S.R. Yadav for defendant Nos. 1 and 2/MCGM is present. Adv. Mr. Ujwal Agandh Sugved for defendant No. 3 is present. The matter is kept back. Later on 12.46 p.m. The appearance is as above. Order below Exhibit No. 01: The record shows that the plaintiff is absent to proceed further with the matter since…

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