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NOTICE OF MOTION

Yogesh Trimbak SableVsMCGM +2 more

CNR MHCC01003838202011-COURT 11 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 27th June 2024

TrustJury record updated 28 Sept 2026

Case Overview

Registration Number
101297/2020
Registration Date
27 Aug 2020

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    4

    Acts & Sections

    1
    CODE OF CIVIL PROCEDURE · Sec 9

    Case History / Proceedings

    Case History
    Date: 02-09-2020
    Business: Adjd. to
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 14-10-2020
    
    Date: 14-10-2020
    Business: Adv. Lanke for plff.
    Adv. Ms. Mhatre for deft./MCGM present.
    Adv. Kamble for Deft.no. 3 present and filed Vakalatnama as Exh. 2.
    Written Statement as Exh. 3.
    Reply of NM as Exh. 4.
    Counter Claim filed by Deft.no. 3 as Exh. 5.
    Earlier order, if any, to continue till next date.
    Matter is adjd. for reply of BMC on NM, reply on
    Counter claim on 09.11.2020.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 09-11-2020
    
    Date: 09-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 01-12-2020
    
    Date: 01-12-2020
    Business: None for plaintiff .
    Adv. Tondwalkar for deft. no. 1 and 2/MCGM , prayed for time to file reply..
    Adv. Kamble for deft. no. 3 present.
    Pltf to register the suit and NM within one week.
    Earlier order, if any, to continue till next date.
    Matter is adjd. to 16-12-2020 for NM Reply
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 16-12-2020
    
    Date: 16-12-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-02-2021
    
    Date: 17-02-2021
    Business: None for plaintiff present.
    Adv. Mhatre for deft./MCGM present and requested short time to file reply.
    Adv. Abhay Shinde for defendant no. 3 present.
    Earlier order, if any, to continue till next date.
    Matter is adjourned for N/M reply to 21.04.2021
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 21-04-2021
    
    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
    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: Yogesh Trimbak Sable
    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.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 27-06-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 104300/2020
    Filing Date: 27-08-2020
    First Hearing Date: 02nd September 2020
    Decision Date: 27th June 2024
    Court Number And Judge: 11-COURT 11  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    27 Jun 2024
    Order Details: Other
    Pdf Text: 27.06.2024
    Sr. No. 7
    CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11)
    SU 1365/20
    NM 1297/20
    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.
    Judge
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