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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

1

For Respondent

    Not available

    Parties

    2

    Respondent

    1. 1MCGM

    Acts & Sections

    1
    Specific 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: 21-01-2023

    Additional 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

    1
    Final Order 1
    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
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