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SUIT - SHORT CAUSE CIVIL SUIT

Shivdas Tulsiram MarkandeyaVsMCGM

CNR MHCC0100399020194-COURT 04 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 30th January 2025

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
101117/2019
Registration Date
26 Apr 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Respondent

    1. 1MCGM

    Acts & Sections

    1
    Hindu Marriage Act · Sec 34 · 38

    Case History / Proceedings

    Case History
    Date: 03-05-2019
    Business: (By preceipe).
    Adv. Ms. Arti Sharma for Plff present and tendered draft N/M alongwith affidavit.
    O. - Leave is granted to register the N/M.
    Adjd to 19/7/2019 for service and reply to N/M.
    Next Purpose: SERVICE
    Next Hearing Date: 19-07-2019
    
    Date: 19-07-2019
    Business: Adv. D. A. Thorat for plaintiff present and tendered original registered NM no. 1900/19 with affidavit.  He also tendered original writ of summons.  TOR.
    Adv. Khandagle h/f Adv. Hajare for MCGM/Deft. present.
    Adjd to 29.08.2019 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 29-08-2019
    
    Date: 29-08-2019
    Business: As P.O. is on training at Uttan, matter is adjd. till next date.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 24-10-2019
    
    Date: 24-10-2019
    Business: Adv. Aarti Sharma for plaintiff present.
    Adv. Mrs. R.M. Hazare for Deft/MCGM present.
    On oral request of advocate for Plaintiff, adjournment granted.
    Adjd to 06-02-2020  for NM Hearing
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-02-2020
    
    Date: 06-02-2020
    Business: Adv.Aditya Modi h/f D.A.Thorat for plaintiff present and file rejoinder in NM . Copy is served to other side.
    Adv. Mrs. Hajare for MCGM/Deft. present.
    On oral request of advocate for plaintiff,  adjournment granted as last chance.
     Matter adjd to  26.03.2020  for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-03-2020
    
    Date: 26-03-2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-04-2020
    
    Date: 07-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-04-2020
    
    Date: 18-04-2020
    Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No.77 of 2020 matter adjourned.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-05-2020
    
    Date: 28-05-2020
    Business: /home/ubuntu/Desktop/Please do careful
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-06-2020
    
    Date: 15-06-2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-09-2020
    
    Date: 21-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-12-2020
    
    Date: 21-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-12-2020
    
    Date: 04-12-2020
    Business: None for plaintiff.
    Adv. Smita Chavan h/f Adv. Ms. Hazare for deft/MCGM present.
    Matter adjd to 04/03/2021 for NM Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-03-2021
    
    Date: 04-03-2021
    Business: Adv. Aarti Sharma h/f Adv. D. A. Thorat for plaintiff present and requests for time to argue on NM No.1900/19. Time is granted till next date.
    Adv. Ms. Smita Chavan for deft/MCGM present.
    Matter adjd to 22/04/2021 for NM Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-04-2021
    
    Date: 22-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-08-2021
    
    Date: 24-08-2021
    Business: HHJ is on leave
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-09-2021
    
    Date: 30-09-2021
    Business: Adv Anjali Mishra h/f Adv D.A. Thorat for plaintiff present and requests for time to argue on NM. Time is granted till next date as a last chance.
    Adv Smita Chavan for defendant / MCGM present.
    Adjd. To 25/11/2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-11-2021
    
    Date: 25-11-2021
    Business: Adv. Aditya Modi h.f. Adv. D. A. Thorat for Plaintiff present and seeks time to argue on NM. Time is granted as a last chance till next date.
    Adv Mrs Rawade h.f. Adv. Chavan for defendant / MCGM present.
    Matter is adjd to 20/01/2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-01-2022
    
    Date: 20-01-2022
    Business: In view of office order no.7/2022 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.
    Matter is adjd to 03/02/2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-02-2022
    
    Date: 03-02-2022
    Business: In view of office order no.7/2022 dated 07.01.2022 and Office order No. 22/2022 dated 28.01.2022 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06.01.2022 and 27.01.2022 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.
    Matter is adjd to 10/03/2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-03-2022
    
    Date: 10-03-2022
    Business: Adv Aarti Sharma h/f Adv D.A. Thorat for plaintiff present and requests for time to argue on NM.
    Adv Mrs Smita Chavan for defendant / MCGM present.
    Adjd. To 16/06/2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-06-2022
    
    Date: 16-06-2022
    Business: H.H.J. is on leave today.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-08-2022
    
    Date: 18-08-2022
    Business: Adv. Anjali Mishra h/f Adv. R. D. Thorat for plaintiff present and requested time to argue on N/M. Time is granted till next date.
    Adv. Mrs. Chavan for defendant/ BMC is present.
    Adjd. to 22/09/2022 for N/M hrg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-09-2022
    
    Date: 22-09-2022
    Business: P.O. is on leave (afternoon session).
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-11-2022
    
    Date: 24-11-2022
    Business: As Court is busy in hearing urgent ad-interim relief of C.R. No.4 and 11, board is discharged.
    Adjd. to 02/02/2023 for N/M hrg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-02-2023
    
    Date: 02-02-2023
    Business: Adv. Arti Sharma h/f Adv. D. A. Thorat for plaintiff present and requested time to argue on N/M. Time is granted till next date.
    Adv. Mrs. Chavan for defendant/ BMC is present.
    Adjd. to 13/04/2023 for N/M hrg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-04-2023
    
    Date: 13-04-2023
    Business: Adv. Anjali Mishra h.f. Adv. Thorat for plaintiff present and requested for time to argue on N.M. Time is granted till next date.
    Adv. Mr. Suryavanshi h.f. Adv. Ms. Mhatre for defendant/ BMC is present.
    Adjd. to 06.07.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-07-2023
    
    Date: 06-07-2023
    Business: P O Court is on leave
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-08-2023
    
    Date: 17-08-2023
    Business: Court is on leave
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-10-2023
    
    Date: 05-10-2023
    Business: Advocate Jitendra Patel h/f D.A.Thorat for plaintiff present and seeks time to argue NM. Time is granted.
    Advocate Mhatre for defendant/BMC present
    Adjd  to 25.01.2024     for NM Hearing
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-01-2024
    
    Date: 25-01-2024
    Business: Advocate Jitendra Patel h/f D. A .Thorat for plaintiff present and submitted that D.A. Thorat was present in the morning but he is not feeling well. Hence left the Court and requested time.
    Advocate Mhatre for defendant/BMC present
    Adjd  to 07.03.2024   for NM  Hearing
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-03-2024
    
    Date: 07-03-2024
    Business: Advocate Sinead Remedious h/f D.A.Thorat for plaintiff present and seeks time to argue NM.
    Advocate Jyoti Patil- Mhatre for defendant/BMC present.
    Adjd  to 18.04.2024  for NM Hearing
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-04-2024
    
    Date: 18-04-2024
    Business: Court is on leave
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-06-2024
    
    Date: 20-06-2024
    Business: Advocate Shruti Chavan h/d D. A. Thorat for plaintiff present and requested time stating that Sr Adv is not available. The suit is of year 2019 and NM is pending since many dates. Hence time is granted as a last chance.
    Advocate Waghmare   for defendant/BMC present.
    Adjd  to 25.07.2024 for  NM Hearing
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-07-2024
    
    Date: 25-07-2024
    Business: Advocate Jitendra Patel h/f D. A. Thorat for plaintiff present and submitted that Sr. Adv is not available and requested for adjournment.
    Advocate Waghmare  for defendant/BMC present.
    Adjd  to  22.08.2024   for NM Hearing
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-08-2024
    
    Date: 22-08-2024
    Business: Advocate Jitendra Patel h/f D A. Thorat for plaintiff present  and submitted that Sr. Adv. Thorat is suffering from Throat infection and not able to argue NM. Hence matter adjourned as a one more last chance.
    Advocate Metakari   for defendant/BMC present.
    Adjd  to 19.09.2024   for NM Hearing
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-09-2024
    
    Date: 19-09-2024
    Business: Advocate D. A. Thorat for plaintiff present and requested time to argue NM. Hence matter adjourned.
    Advocate Metakari  for defendant/BMC present.
    Adjd  to 10.10.2024 for  NM hearing
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-10-2024
    
    Date: 10-10-2024
    Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
    Advocate D.A. Thorat for plaintiff present.
    Advocate   Nagarthwar  for defendant/BMC present.
    keep back
    Later on 3.30 p.m
    Adv Thorat for plaintiff present.
    Heard argument of adv for plaintiff in NM.
    Adjd  to  07.11.2024   for  NM Hearing/P.H.
    Next Purpose: NM  P.H.
    Next Hearing Date: 07-11-2024
    
    Date: 07-11-2024
    Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
    Advocate  D.A. Thorat for plaintiff present and requested time to argue NM. Matter is part heard. Time is granted as a last chance.
    Advocate Nagarthawar for defendant/BMC present.
    Adjd  to 21.11.2024  for NM hearing /P.H.
    Next Purpose: NM  P.H.
    Next Hearing Date: 21-11-2024
    
    Date: 21-11-2024
    Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
    Advocate  D. A. Thorat for plaintiff present and submitted that Adv for corporation has to take instruction as Corporation is ready to check the meter on payment of necessary charges.
    Advocate Waghmare  for defendant/BMC present and submitted if plaintiff deposit the charges corporation will check the water meter.
    Adv for plaintiff  submitted that matter be kept on 19.12.2024 meantime plaintiff will deposit the necessary charges.
    Adjd  to 19.12.2024   for argument on NM by deft/BMC. NM P.H.
    Next Purpose: NM  P.H.
    Next Hearing Date: 19-12-2024
    
    Date: 19-12-2024
    Business: Advocate Jitendra Patel for plaintiff present and submitted that BMC had taken the water meter for checking but reinserted it. He further submitted that plaintiff will deposit necessary charges.
    Advocate Bharti for defendant/BMC present and submitted  that after deposit in charges, meter will be checked. Hence matter adjournment for hearing of N/m
    Adjd  to  16/01/2025 for N/m hearing (part heard).
    Next Purpose: NM  P.H.
    Next Hearing Date: 16-01-2025
    
    Date: 16-01-2025
    Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
    Adv. Mr. D.A.Thorat for the plaintiff is present. He submitted that The plaintiff has paid all the dues and in view of the intimation, there are no further arreas pending against him. Hence, he sought time to withdraw the suit. Time is granted.  Adv. Ms.Pooja Nagarthawar for defendant/MCGM is present.
    Adjourned for NM hearing/withdrawal of suit to 30.01.2025.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-01-2025
    
    Date: 30-01-2025
    Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
    The plaintiff is present in person. He informed that he is not willing to proceed with the suit and wants to withdraw the same. Adv. Mr. Jitendra Patel h/f Adv. Mr. D.A. Thorat for the plaintiff is present. Adv. Ms. Pooja Nagarthwar for defendant/MCGM is present. The advocate for the plaintiff filed the application for withdrawal of the suit. TOR. It is marked at Exhibit 7. O- Other side to say. Say filed. Heard. O- Considering the reasons, as the plaintiff is not willing to proceed with the matter, he is permitted to withdraw the suit. The suitable Order follows below Exhibit 1.
    Order below Exhibit 1:
         In view of the Order on the application (Exhibit 7), the suit stands disposed of as withdrawn unconditionally by the plaintiff. All the pending applications, including Notice of Motion No. 1900/2019, are, therefore, filed. The plaintiff to bear costs of this suit. 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: WITHDRAWL
    Disposal Date: 30-01-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 104365/2019
    Filing Date: 09-04-2019
    First Hearing Date: 03rd May 2019
    Decision Date: 30th January 2025
    Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    30 Jan 2025

    Order Details: Other Pdf Text: Dt:30.01.2025 Sr. No. 19 SU 1117/2019 NM 1900/2019 Exhibit 7 CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04) The plaintiff is present in person. He informed that he is not willing to proceed with the suit and wants to withdraw the same. Adv. Mr. Jitendra Patel h/f Adv. Mr. D.A. Thorat for the plaintiff is present. Adv. Ms. Pooja Nagarthwar for defendant/MCGM is present. The advocate for the plaintiff filed the application for withdrawal…

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