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SUIT - SHORT CAUSE CIVIL SUIT

Muslim Ambulance Society +1 moreVsMCGM +2 more

CNR MHCC0100408420185-COURT 05 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 08th January 2019

TrustJury record updated 11 Sept 2026

Case Overview

Registration Number
101163/2018
Registration Date
23 Apr 2018

Advocates

1

For Respondent

    Not available

    Parties

    5

    Acts & Sections

    2
    Hindu Marriage Act · Sec 34 · 36
    Terrorist and Disruptive and Activities (Prevention) Act · Sec 527

    Case History / Proceedings

    Case History
    Date: 24-04-2018
    Business: Resumed.
    Adv. Navin Parekh for plaintiff and Adv. Rawade with Ms. Surekha Parwadi, AO, Education department, for BMC are present.
    Heard, the matter is heard at length.  The parties have squarely submitted their pleadings on NM by filing affidavit additional  affidavit and affidavit in rejoinder.  Therefore, it is expedient to fix the matter for passing the orders on NM No. 1313/2018.  Earlier order if any to continue till the next date.
    Adjd. for orders on NM No. 1313/2018 to 03.05.2018.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 03-05-2018
    
    Date: 03-05-2018
    Business: Resumed.
    The P.O. is busy in hearing of NM in suit NO. 138/2018 and passed order on NM No. 1620/2018 in Stamp No. 5514/2018.
    Adjd for NM orders to 04.05.2018.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 04-05-2018
    
    Date: 04-05-2018
    Business: Resumed.
    The P.O. is busy in recording evidence in Sessions Case No. 2/2018 and arguments/order on ad-interim reliefs in Suit No. 1117/2018, 1239/2018, 1139/2018 and 1234/2018.  For want of time the board is discharged.
    Adjd for NM orders to 05.05.2018.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 05-05-2018
    
    Date: 05-05-2018
    Business: Resumed Adv. Navin Parekh i.b. s.k. Srivastva for plaintiff and Adv. Rawade for BMC are present.  FRSR following order is passed in NM no. 1313 of 2018. ORDER 1. Notice of motion no. 1313 of 2018 is dismissed with costs. 2. Ad interim protection granted earlier to the suit building is extended till 21.5.2018 It will not be extended further on any count.  3. An ordinary copy of this order duly authenticated by the sheristedar of this court be supplied to the plaintiffs and the defendants. Adv. Rawade for defendants waived the service of writ of summons. Adjd for written statement to 17.7.2018
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 17-07-2018
    
    Date: 17-07-2018
    Business: Resumed.
    The P.O. is busy in recording evidence in Sessions Case no. 421/2016 and order on NM No. 1768/2016 in Suit No. 1537/2016 and orders on Ch/s No. 667/2018 in Suit no. 1292/2011, Ch//s No. 668/2018 in Suit No. 1293/2011, Ch/s No. 669/2018 in Suit No. 1285/2011.
    Adj for written statement to 02.08.2018.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 02-08-2018
    
    Date: 02-08-2018
    Business: Resumed.
    Adv. Priyanka Gharge for plaintiff and Adv. Rawade for MCGM are present.
    Adv. Gharge submits that the A.O. stamp no. 14934 of 2018 is kept for hearing on 09.08.2018.
    Adv. Rawade seeks time to file w.s.  Granted as last chance.
    Adjd for written statement to 04.10.2018.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 04-10-2018
    
    Date: 04-10-2018
    Business: Resumed.
    Adv. Priyanka Garge for plaintiff submits that A.O. no. 523/2018, is pending for hearing and kept on 23.10.2018.
    Adv. Dhumale h/f Adv. Rawade for MCGM seeks time to file w.s.  Granted as last chance.
    Adjd for written statement or orders to 08.01.2019.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 08-01-2019
    
    Date: 08-01-2019
    Business: Resumed.
    Adv. Ms. Shaikh for plaintiff and Adv. Ravade for MCGM are present.  Adv. Shaikh submits that plaintiff wishes to withdraw the suit.
    For the purpose of proper record the following Exh. Numbers are marked.
    Exh. 1 - Plaint
    Exh. 2 - Vakalatnama. O- Seen and filed.
    Exh. 3 - Address Memo. O- R and R.
    Exh. 4 - List of documents. O - Seen and filed.
    Exh. 5 - Affidavit in support of plaint.
    Exh. 6 -  Application for unconditional withdrawal of the suit.
    
    Order on Exh. 6
    Read the application.   The plaintiffs wish to withdraw the suit unconditionally. Ld. Adv. for plaintiff submits that in furtherance of the dismissal of A.O. No. 523/2018 the plaintiffs have already shifted to new place and the defendant took the possession of the suit premises and therefore, the plaintiff may be permitted to withdraw the suit.   Accordingly permission is granted to withdraw the suit unconditionally.
    Order on Exh. 1
    1.  In view of the permission granted below Exh. 6 for  withdrawal of the suit unconditionally, the suit is dismissed as withdrawn.
    2.  No order as to costs.
    3.  Court fee be refunded to the plaintiff as per rules.
    Nature Of Disposal: WITHDRAWL
    Disposal Date: 08-01-2019

    Additional Case Details

    Additional Case Details
    Filing Number: 104498/2018
    Filing Date: 26-03-2018
    First Hearing Date: 24th April 2018
    Decision Date: 08th January 2019
    Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    08 Jan 2019

    Order Details: Other Pdf Text: IN THE COURT OF :COURT 5 ADDL SESSIONS JUDGE Case No. :SUIT/0101163/2018 1. Muslim Ambulance Society 2. Dr. Abdul Rauf Sumar Vs 1. MCGM 2. The Municipal Commissioner3.The Administrative Office 4. Techinical Advisory Committee Date : 08-01-2019 Business : Resumed. Adv. Ms. Shaikh for plaintiff and Adv. Ravade for MCGM are present. Adv. Shaikh submits that plaintiff wishes to withdraw the suit. For the purpose of proper record the following Exh. Numbers are marked. Exh.…

    Read Full Order
    Order 1Full order available
    08 Jan 2019

    Order Details: Other Pdf Text: IN THE COURT OF :COURT 5 ADDL SESSIONS JUDGE Case No. :SUIT/0101163/2018 1. Muslim Ambulance Society 2. Dr. Abdul Rauf Sumar Vs 1. MCGM 2. The Municipal Commissioner3.The Administrative Office 4. Techinical Advisory Committee Date : 08-01-2019 Business : Resumed. Adv. Ms. Shaikh for plaintiff and Adv. Ravade for MCGM are present. Adv. Shaikh submits that plaintiff wishes to withdraw the suit. For the purpose of proper record the following Exh. Numbers are marked. Exh.…

    Read Full Order

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