SUIT - SHORT CAUSE CIVIL SUIT
Faiyazuddin Gyasuddin ShaikhVsMCGM
CNR MHCC01003859202011-COURT 11 ADDL SESSIONS JUDGE
Fort, City Civil Court
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 21st January 2023
TrustJury record updated 28 Sept 2026
Case Overview
- Registration Number
- 101237/2020
- Registration Date
- 04 Nov 2020
Advocates
1For Petitioner
For Respondent
Not available
Parties
2Petitioner
Respondent
- 1MCGM
Acts & Sections
1Specific Relief Act · Sec 35 · 36
Case History / Proceedings
Case History
Date: 03-12-2020
Business: None for plaintiff.
Adv. Tondwalkar h/f Adv. Mhatre for deft./MCGM , prayed for time to file reply..
Matter is adjd.to 09-03-2021 for NM Reply
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-03-2021
Date: 09-03-2021
Business: None present for plaintiff.
Adv. Ms. Tondwalkar for deft./MCGM present and requested short time to file reply.
Matter is adjourned for NM reply to 15.06.21.
Judge
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-06-2021
Date: 15-06-2021
Business: Due to covid 19 matter adjourned to next date
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-08-2021
Date: 24-08-2021
Business: Court is Vacant. Matter adj. to next date
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-09-2021
Date: 30-09-2021
Business: Court is Vacant. Matter adj. to next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-11-2021
Date: 16-11-2021
Business: Court is Vacant. Matter is adj. to next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-12-2021
Date: 14-12-2021
Business: None present for plaintiff.
Adv. Ms. Mhatre for Defendant/MCGM is present.
Exh. 03 Report filed by adv. for the defendant as regards demolished by this structure.
Adv. for the defendant oral requested for time to file reply granted as a last chance.
Adjourned for NM reply to 25/01/2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-01-2022
Date: 25-01-2022
Business: None present for plaintiff to verify the status report Exh. 03, filed by the defendant, as regards demolition of the suit structure.
Adv. Ms. Mhatre for defendant /MCGM is present.
Adv. for defendant orally requested for time to file NM reply. Granted.
Adjourned for status report/NM reply to 10.03.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-03-2022
Date: 10-03-2022
Business: None present for plaintiff.
Adv. Ms. J.V. Mhatre for defendant/MCGM is present and orally requested for time to file NM reply. Granted.
The plaintiff is absent to verify and inform as regards the suit structure, as per the report exhibit 03 filed by the defendant.
Hence, the suit is posted for dismissal order, in view of the report exhibit 03.
Adjourned for NM reply and WS/dismissal order to 10.06.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-06-2022
Date: 10-06-2022
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/dismissal order to 19.08.2022.
Next Purpose: DISMISSAL
Next Hearing Date: 19-08-2022
Date: 19-08-2022
Business: Adv. Mr. Mukesh Dubey for the plaintiff is present and orally requested for time to file report on status of the structure. He informed that the plaintiff is not in contact.
Adv. Mr. Khandagale h/f Adv. Mhatre for defendant/MCGM is present.
The record shows that already demolition report is filed by the defendant as per exhibit 03. Hence, the plaintiff is directed to file his report on the next date. In default, the suit would stand dismissed.
Adjourned for dismissal order to 13.10.2022.
Next Purpose: DISMISSAL
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/MCGM is present.
Adjourned for dismissal order to 17.12.2022.
Judge
Next Purpose: DISMISSAL
Next Hearing Date: 17-12-2022
Date: 17-12-2022
Business: None present for the plaintiff to proceed with the matter.
Adv. Mrs. J.V. Mhatre for defendant/MCGM is present.
Adjourned for dismissal Order to 21.01.2023.
Next Purpose: DISMISSAL
Next Hearing Date: 21-01-2023
Date: 21-01-2023
Business: Even today, none present for the plaintiff to comply with directions of this Court, given as per roznama dated 19/08/2022.
Adv. Mr. Khandagale for defendant/MCGM is present.
Order below exhibit No.01:
The record shows that the plaintiff is absent to proceed with the matter since last considerable time and therefore, it is posted for dismissal order. Whereas, the defendant reported demolition of this structure. No stay Order is communicated on the record. It is, thus, clear that the plaintiff is not worried to proceed further with the suit. In the result, the suit is dismissed in default for want of compliance of the Court\''s Order. All the pending applications and draft Notice of Motion stand disposed of. The parties are called upon to bear their own costs of litigation. Bill of costs be drawn-up accordingly. The plaintiff is directed to tender register N/M within period of 2 weeks. The proceeding stands closed.
Nature Of Disposal: DISMISSED
Disposal Date: 21-01-2023Additional Case Details
Additional Case Details
Filing Number: 104310/2020 Filing Date: 28-08-2020 First Hearing Date: 03rd December 2020 Decision Date: 21st January 2023 Court Number And Judge: 11-COURT 11 ADDL SESSIONS JUDGE
Orders
1Final Order 121 Jan 2023
21 Jan 2023
Order Details: Other Pdf Text: 21.01.2023 Sr. No.37 CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11) SU. 1237/2020. Even today, none present for the plaintiff to comply with directions of this Court, given as per roznama dated 19/08/2022. Adv. Mr. Khandagale for defendant/MCGM is present. Order below exhibit No.01: The record shows that the plaintiff is absent to proceed with the matter since last considerable time and therefore, it is posted for dismissal order. Whereas, the defendant reported demolition of this structure. No stay Order is communicated on the record. It is, thus, clear that the plaintiff is not worried to proceed further with the suit. In the result, the suit is dismissed in default for want of compliance of the Court's Order. All the pending applications and draft Notice of Motion stand disposed of. The parties are called upon to bear their own costs of litigation. Bill of costs be drawnup accordingly. The plaintiff is directed to tender register N/M within period of 2 weeks. The proceeding stands closed. Judge -- 1 of 1 --
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