NOTICE OF MOTION
Mr.Mohammad Shakir Mohammad SabirVsMCGM +1 more
CNR MHCC01004014201811-COURT 02 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 30th September 2019
TrustJury record updated 11 Sept 2026
Case Overview
- Registration Number
- 101256/2018
- Registration Date
- 23 Mar 2018
Advocates
1For Petitioner
For Respondent
Not available
Parties
3Petitioner
Respondent
Acts & Sections
1Public Premises (Eviction of Unauthorised Occupants) Act · Sec 9
Case History / Proceedings
Case History
Date: 16-04-2018
Business: HHJ is on leave. Hence today board is discharged
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 30-06-2018
Date: 30-06-2018
Business: Adv Pal h/f adv Pratap Singh for plaintiff present and filed original NM no.1256/18 alongwith affidavit t.o.r.
Adv Khandagale for def/BMC present.
Adv for plaintiff submits that he will serve affidavit of service on next date.
Directions given to plaintiff to serve the copy of NM to def/BMC or if they already served filed affidavit of service alongwith acknowledgement on record.
Earlier order to continue till next date.
Adjourned to 14.08.2018 for compliance.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 14-08-2018
Date: 14-08-2018
Business: Court is vacant. Hence today board is discharged
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 10-10-2018
Date: 10-10-2018
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-12-2018
Date: 19-12-2018
Business: Court is busy in hearing urgent matters and dictating order on Chamber Summons in suit no.1525/10 and suit no.1526/10, case is adjourned to 21/02/2019.
Earlier order to continue till next date.
Next Purpose: COMPLIANCE
Next Hearing Date: 21-02-2019
Date: 21-02-2019
Business: Advocate Mr. Pratap Singh for Plaintiff present and submitted that, on next date he will file affidavit of service of writ of summons. Adjourned. Time extended for filing service of writ of summons.
Advocate for BMC/Deft present.
Case is adjourned to 11/04/2019 for service.
Earlier order to continue till next date.
Next Purpose: COMPLIANCE
Next Hearing Date: 11-04-2019
Date: 11-04-2019
Business: Adv.Pratap Singh for the plaintiff present.
Adv. Hajare for the defendants no. 1 and 2 /BMC present.
Adv. Singh sought time to tender writ of summons and affidavit of service. Time is granted.
Failure of plaintiff to file affidavit of service on next date will result in further orders.
Earlier order to continue till next date.
Adjourned to 21.06.2019 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 21-06-2019
Date: 21-06-2019
Business: Advocate Ms.Kanchan Teli h/f adv. P.F.Singh for plaintiff present.
Advocate Mr. Giri for defendant /MCGM present.
Earlier order to continue till next date.
The case is adjourned to 29.06.2019 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 29-06-2019
Date: 29-06-2019
Business: Advocate Pal h/f adv. P.F.Singh for plaintiff present and sought time. Time is granted subject to costs of Rs. 500/- payable to Defendant.
Advocate Mr. Giri for defendant/MCGM present.
Earlier order to continue till next date.
The case is adjourned to 10.07.2019 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 10-07-2019
Date: 10-07-2019
Business: As Court is busy in NM hearing in Suit no. 1127/17 to 1130/17, suit no. 436/15, Suit no. 660/19. The board is discharged.
Earlier order to continue till next date.
The case is adjourned to 09.08.2019 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 09-08-2019
Date: 09-08-2019
Business: None for plaintiff.
Advocate Giri for defendant/MCGM present.
Plaintiff failed to tender writ of summons and affidavit of service despite granting ample opportunities. Even the costs imposed are not deposited. Failure of plaintiff to comply by next date will result in dismissal of the suit.
Earlier order to continue till next date.
The case is adjourned to 20.09.2019 for suit dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 20-09-2019
Date: 20-09-2019
Business: As Court is busy in hearing NM in suit no. 1014/09, 1016/09 and in hearing ad-interim matter in suit no. 2474/19 also in dictating orders in suit no. 598/16 and 1417/09, the case is adjourned.
The case is adjourned to 30.09.2019 for suit dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 30-09-2019
Date: 30-09-2019
Business: Advocate P.F.Singh for plaintiff present and submitted that the plaintiff is not in touch. He requested to discharge him from the proceedings.
The advocate for plaintiff can not be discharged in absence of statutory compliance by him of serving appropriate notice on his client and to produce such correspondence before the Court.
Since plaintiff has failed to prosecute the suit, I Pass following order -
ORDER
1. Suit is dismissed for want of prosecution.
2. Notice of Motion No.1256/18 is also dismissed for want of prosecution.
3. No order as to costs.
Nature Of Disposal: DISMISSED
Disposal Date: 30-09-2019Additional Case Details
Additional Case Details
Filing Number: 104420/2018 Filing Date: 23-03-2018 First Hearing Date: 16th April 2018 Decision Date: 30th September 2019 Court Number And Judge: 11-COURT 02 ADDL SESSIONS JUDGE
Orders
2Final Order 130 Sept 2019
30 Sept 2019
Order Details: Other Pdf Text: Advocate P.F.Singh for plaintiff present and submitted that the plaintiff is not in touch. He requested to discharge him from the proceedings. The advocate for plaintiff can not be discharged in absence of statutory compliance by him of serving appropriate notice on his client and to produce such correspondence before the Court. Since plaintiff has failed to prosecute the suit, I Pass following order - ORDER 1. Suit is dismissed for want of prosecution. 2. Notice of Motion No.1256/18 is also dismissed for want of prosecution. 3. No order as to costs. -- 1 of 1 --
Order 130 Sept 2019
30 Sept 2019
Order Details: Other Pdf Text: Advocate P.F.Singh for plaintiff present and submitted that the plaintiff is not in touch. He requested to discharge him from the proceedings. The advocate for plaintiff can not be discharged in absence of statutory compliance by him of serving appropriate notice on his client and to produce such correspondence before the Court. Since plaintiff has failed to prosecute the suit, I Pass following order - ORDER 1. Suit is dismissed for want of prosecution. 2. Notice of Motion No.1256/18 is also dismissed for want of prosecution. 3. No order as to costs. -- 1 of 1 --
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