SUIT - SHORT CAUSE CIVIL SUIT
Mr. Mustaq Chandsaheb ShikalkarVsMCGM
CNR MHCC0100414320185-COURT 05 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 01st July 2023
TrustJury record updated 11 Sept 2026
Case Overview
- Registration Number
- 100949/2018
- Registration Date
- 03 Apr 2018
Advocates
1For Petitioner
For Respondent
Not available
Parties
2Petitioner
Respondent
- 1MCGM
Acts & Sections
1Hindu Marriage Act · Sec 34 · 39
Case History / Proceedings
Case History
Date: 05-04-2018
Business: Mentioned by praceipe. NOB. TOB.
Adv. L.K. Tripathi for plaintiff tenders draft NM with affidavit seeking ad-interim relief for restraining the defendant from interfering with or obstructing the plaintiff from carrying on business at the suit stall. Leave to register is granted. Adv. Dhumale with Mr. Shivaji Manaji Lahate, Senior Inspector, C Ward, for BMC.
Adv. Dhumale filed reply with compilation of documents. Adv. Tripathi seeks time to go through the same and argue on ad-interim reliefs.
Adjd. for arguments on ad-interim reliefs to 12.04.2018.
Next Purpose: ARGUMENTS
Next Hearing Date: 12-04-2018
Date: 12-04-2018
Business: Resumed.
Plaintiff with Adv. L.K. Tripathi are present. Adv. Dhumale with Mr. Shivaji Manaji Lahate Senior Inspector C ward are present.
Adv. L. K. Tripathi for plaintiff tender registered NM No. 1448/2018.
Heard, respective advocates on the point of ad-interim reliefs.
Adjd. for orders on ad-interim reliefs to 17.04.2018.
Next Purpose: AD-INTERIM ORDER
Next Hearing Date: 17-04-2018
Date: 17-04-2018
Business: Resumed.
Plaintiff is present. His advocate is absent. Adv. Dhumale for BMC is present.
FRSR the following order is passed on NM 949/2018
ORDER
1. Ad-interim relief in terms of prayer clause (a) is granted.
Adjd. for reply to NM to 05.06.2018.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-06-2018
Date: 05-06-2018
Business: Resumed.
Adv. Viren Tripathi for plaintiff, Adv. Rawade holding fro Adv. Dhumale for MCGM are present.
Adv. Rawade holding for Dhumale seeks time to file reply to NM. Granted as last chance. Earlier order if any to continue till the next date.
Adjd for NM reply and arguments to 07.07.2018.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-07-2018
Date: 07-07-2018
Business: Resumed.
Adv. Virendra Tripathi for plaintiff is present.
Earlier order if any to continue till the next date.
Adjd for NM reply to 23.08.2018.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-08-2018
Date: 23-08-2018
Business: Resumed.
Adv. V. K. Tripathi with plaintiff and Adv. Dhumale for MCGM are present.
Adv. Dhumale submits that the reply and documents dtd. 05.04.2018, be treated as reply to NM. Earlier order if any to continue till the next date.
Adjd for NM arguments to 09.10.2018.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 09-10-2018
Date: 09-10-2018
Business: Resumed.
Adv. Viren Tripathi for plaintiff.Adv. Dhumale for MCGM.
Adv.Tripathi seeks time to argue NM. Granted as last chance.
Adjd for arguments on NM to 22.11.2018
Next Purpose: NM ARGUMENTS
Next Hearing Date: 22-11-2018
Date: 09-10-2018
Business: Resumed.
Adv. Viren Tripathi for plaintiff.Adv. Dhumale for MCGM.
Adv.Tripathi seeks time to argue NM. Granted as last chance.
Adjd for arguments on NM to 22.11.2018
Next Purpose: NM ARGUMENTS
Next Hearing Date: 22-11-2018
Date: 22-11-2018
Business: Resumed.
The P.O. is busy in dictating judgment in Suit no. 154/1984. For want of time the board is discharged.
Adjd for NM arguments to 05.01.2019.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 05-01-2019
Date: 05-01-2019
Business: Resumed.
Adv. Virendra Tripathi with plaintiff and Adv. Dhumale for MCGM are present.
Adv. Tripathi seeks time to argue the NM. Time is granted.
Earlier order if any to continue till the next date.
Adjd for NM arguments to 26.02.2019.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 26-02-2019
Date: 26-02-2019
Business: Adv. Tripathi h/f. Adv. L. K. Tripathi for plaintiff present.
Adv. Dhumale for defendant no. /MCGM present.
Adv. of plaintiff seeks time to arguments. Time granted as a last chance.
Matter adjd. to 19.3.19 for NM Arguments.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 19-03-2019
Date: 19-03-2019
Business: Adv.Mr.Virendra Tripathi for plaintiff present.
Adv.Mr.Dhumale for defendant/MCGM present.
Adv.of plaintiff requested time. Granted.
Earlier order if any to continue till the next date.
Matter adjd to 15.06.2019 for NM Argument.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 15-06-2019
Date: 19-03-2019
Business: Adv.Mr.Virendra Tripathi for plaintiff present.
Adv.Mr.Dhumale for defendant/MCGM present.
Adv.of plaintiff requested time. Granted.
Earlier order if any to continue till the next date.
Matter adjd to 15.06.2019 for NM Argument.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 15-06-2019
Date: 15-06-2019
Business: Plaintiff present.
Adv.Mrs.Rawade for defendant/MCGM present.
Earlier order if any to continue till the next date.
Matter adjd to 27.06.2019 for NM Argument.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 27-06-2019
Date: 27-06-2019
Business: Adv.Mr.L.K.Tripathi for Plaintiff present.
Adv.Smt. Rawade for defendant/MCGM present.
As Court is busy in dictating judgment in S.C.329/2018, hence, matter adjourned.
Earlier order if any to continue till the next date.
Matter adjd to 08.08.2019 for NM Argument.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 08-08-2019
Date: 08-08-2019
Business: Adv.Virendra Tripathi for plaintiff present.
Adv.Meena Dhuri for defendant/MCGM present.
Earlier order if any to continue till the next date.
As Court is busy in dictating judgment in SC 774/2013, hence, board discharged.
Matter adjd to 19.09.2019 for NM Argument.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 19-09-2019
Date: 19-09-2019
Business: Plaintiff absent and Adv. Mr. Tripathi present.
Adv. Mr. Patil for defendant/MCGM present.
Earlier order if any to continue till the next date.
Matter adjd to 15/10/2019 for hrg.on n/m.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 15-10-2019
Date: 19-09-2019
Business: Plaintiff absent and Adv. Mr. Tripathi present.
Adv. Mr. Patil for defendant/MCGM present.
Earlier order if any to continue till the next date.
Matter adjd to 15/10/2019 for hrg.on n/m.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 15-10-2019
Date: 15-10-2019
Business: Plaintiff absent and Adv. Mr. Tiwari present.
Adv. Mrs. Meena Dhuri for defendant/MCGM present.
Earlier order if any to continue till the next date.
Matter adjd to 28/11/2019 for order against plaintiff.
Next Purpose: ORDER
Next Hearing Date: 28-11-2019
Date: 15-10-2019
Business: Plaintiff absent and Adv. Mr. Tiwari present.
Adv. Mrs. Meena Dhuri for defendant/MCGM present.
Earlier order if any to continue till the next date.
Matter adjd to 28/11/2019 for order against plaintiff.
Next Purpose: ORDER
Next Hearing Date: 28-11-2019
Date: 28-11-2019
Business: Adv. Mr. L. K. Tripathi for plaintiff present and seeks time.
Order- Granted time.
Adv. Mrs. Dhuri for defendant/MCGM present.
Earlier order if any to continue till the next date.
Matter adjd to 03/12/2019 for hrg. On n.m.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-12-2019
Date: 28-11-2019
Business: Adv. Mr. L. K. Tripathi for plaintiff present and seeks time.
Order- Granted time.
Adv. Mrs. Dhuri for defendant/MCGM present.
Earlier order if any to continue till the next date.
Matter adjd to 03/12/2019 for hrg. On n.m.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-12-2019
Date: 03-12-2019
Business: Plaintiff and his adv present.
Adv. Mrs. Rawde a/w Mrs. Tondwalkar present.
Matter is adjd to 10/12/2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-12-2019
Date: 03-12-2019
Business: Plaintiff and his adv present.
Adv. Mrs. Rawde a/w Mrs. Tondwalkar present.
Matter is adjd to 10/12/2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-12-2019
Date: 10-12-2019
Business: Adv. Mr. L. K. Tripathi for plaintiff present.
Adv. Mrs. Rawade for defendant/MCGM present.
Earlier order if any to continue till the next date.
Matter adjd to 16/12/2019 for order.
Next Purpose: ORDER
Next Hearing Date: 16-12-2019
Date: 10-12-2019
Business: Adv. Mr. L. K. Tripathi for plaintiff present.
Adv. Mrs. Rawade for defendant/MCGM present.
Earlier order if any to continue till the next date.
Matter adjd to 16/12/2019 for order.
Next Purpose: ORDER
Next Hearing Date: 16-12-2019
Date: 16-12-2019
Business: Adv. For plaintiff present.
Adv. Mr. Nandanwar/Suryavanshi for defendant/MCGM present.
As Cort is busy in hearing arguments, passing orders and misc. work hence.Matter adjd to 17/12/2019 for order
Next Purpose: ORDER
Next Hearing Date: 17-12-2019
Date: 16-12-2019
Business: Adv. For plaintiff present.
Adv. Mr. Nandanwar/Suryavanshi for defendant/MCGM present.
As Cort is busy in hearing arguments, passing orders and misc. work hence.Matter adjd to 17/12/2019 for order
Next Purpose: ORDER
Next Hearing Date: 17-12-2019
Date: 17-12-2019
Business: Adv Rawde for BMC/deft present.
Plff and adv are absent.
Matter adjd to 18/12/2019 for order.
Next Purpose: ORDER
Next Hearing Date: 18-12-2019
Date: 17-12-2019
Business: Adv Rawde for BMC/deft present.
Plff and adv are absent.
Matter adjd to 18/12/2019 for order.
Next Purpose: ORDER
Next Hearing Date: 18-12-2019
Date: 18-12-2019
Business: Adv. for plaintiff present.
Adv. Mr. Suryavanshi/Mr. Nandanwar for defendant/MCGM present.
F. R. S. R. Following order is passed on Notice of Motion 1448/2018 -
O R D E R
The Notice of motion No. 1448/2018 is dismissed.
L. O. at 04 10 p.m.
Adv. Ms. Bhushan filed an application for extension of eoc t.o.r. and marked as Exh.
Order- EOC is extended for 4 weeks to prefer appeal
Matter adjd to 23/01/2020 for W/st.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 23-01-2020
Date: 23-01-2020
Business: Plaintiff and advocate absent.
Adv. Mrs. Rawade for the defendant MCGM Present
Matter is adjd to 29/02/2020 for W/st.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 29-02-2020
Date: 29-02-2020
Business: Adv. Mr. G. V. Mhatre for plaintiff present.
Adv. Mrs. Rawade for MCGM/deft present.
Matter is adjd to 11/06/2020 for W/st.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 11-06-2020
Date: 11-06-2020
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 21-07-2020
Date: 21-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 08-09-2020
Date: 08-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 06-10-2020
Date: 06-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 29-10-2020
Date: 29-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 03-12-2020
Date: 03-12-2020
Business: None present for plaintiff.
Adv Mr. Nandanwar/Suryawanshi present for defendant/MCGM .
Matter adjourned for W/s. to 07/01/2021.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 07-01-2021
Date: 07-01-2021
Business: None present for plaintiff.
Adv Rawade present for MCGM/defendant.
Matter adjourned for WS to 10.02.2021.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 10-02-2021
Date: 10-02-2021
Business: None present for plaintiff.
Adv Soraan/Nandanwar (hf) present for MCGM/defendant.
Matter adjourned for WS to 23.03.2021.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 23-03-2021
Date: 23-03-2021
Business: None present for plaintiff.
Adv. Rawade present for MCGM/defendant.
Matter adjourned for WS to 24.06.2021.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 24-06-2021
Date: 24-06-2021
Business: In view of office circular only urgent matters are taken for hearing and remaining board is discharged. Matter adjourned for
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 22-07-2021
Date: 22-07-2021
Business: In view of Office Circular/Order 106/2021 Dt. 14-06-2021 , only urgent matters are taken, hence the remaining board is discharged, Hence matter is adjd. to
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 24-08-2021
Date: 24-08-2021
Business: Adv. absent for plaintiff.
Adv. Vyavahare present for MCGM/defendant.
as plainitff and his adv. absent, Matter adjourned for RE to. 28/10/21
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-10-2021
Date: 28-10-2021
Business: None present for plaintiff.
Adv. Vidya vyavahare present for MCGM/defendant.
As court is busy in dictating order on chs. no. 1186/21 in suit no. 2718/2015 hence remaining board is discharged and Matter adjourned for RE to 13/01/2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-01-2022
Date: 13-01-2022
Business: In view of the office order no. 07/2022 dated. 07/01/22 of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06/01/22 of Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge of COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s. Hence, matter is adjourned to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 31-03-2022
Date: 31-03-2022
Business: As Court is on leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-06-2022
Date: 14-06-2022
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-08-2022
Date: 02-08-2022
Business: The Court is busy in judgment dictating in Suit No. 343/2010 and dictating orders in Suit No.1266/2011, Suit No.8310/2022 hence, for want of time board is discharged.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-09-2022
Date: 22-09-2022
Business: None for Plaintiff.
Adv. Mr. Bibhishan Sutar for MCGM/ defendant present.
Plaintiff to tender evidence on next date without fail.
Matter is adjd for RE on 15-11-2022
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-11-2022
Date: 15-11-2022
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-01-2023
Date: 03-01-2023
Business: Plaintiff in person is present.
Adv. Mr. Bibhishan Sutar for MCGM/ defendant present.
Today neither evidence lead nor adjournment sought. Hence Plaintiff is directed to lead evidence on next date without fail otherwise necessary order will be passed.
Matter is adjd for necessary order on 14-02-2023
Next Purpose: ORDER
Next Hearing Date: 14-02-2023
Date: 14-02-2023
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: ORDER
Next Hearing Date: 24-02-2023
Date: 24-02-2023
Business: As Court is busy in High Court Time Bound Matters i.e. Suit No. 825/2014, Suit No. 1508/2014, and Suit No. 3243/2014. Hence want of time board is discharged.
Matter is adjd for hearing on 23-03-2023
Next Purpose: HEARING
Next Hearing Date: 23-03-2023
Date: 23-03-2023
Business: None for Plaintiff.
Adv Pradeep M. Patil for defendant /MCGM present.
Plaintiff is absent since long. No steps taken to proceed further. Hence, matter be posted for dismissal on next date.
Matter is adjd for dismissal on 15-04-2023
Next Purpose: DISMISSAL
Next Hearing Date: 15-04-2023
Date: 15-04-2023
Business: None for plaintiff.
Adv. Vyavahare @ Adv. Rawade present for MCGM/defendant.
Matter adjourned for dismissal on 01-07-2023.
Next Purpose: DISMISSAL
Next Hearing Date: 01-07-2023
Date: 01-07-2023
Business: None for Plaintiff.
Adv. Ms. Vyavahare for MCGM present.
It appear from the record that after dismissal of NM No. 1448/18, matter was kept for written statement. However, no w.s. is filed on record by the defendant, therefore, matter was kept for recording evidence. It appears that court motion notice was also issued to the plaintiff. As per the bailiff report the plaintiff is not traceable on the given address. Thus, it reveals that the plaintiff is not interested to proceed with the suit.
Hence, Suit No. 949 of 2018 stands dismissed in default.
Suit stands disposed off accordingly.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 01-07-2023Additional Case Details
Additional Case Details
Filing Number: 104527/2018 Filing Date: 27-03-2018 First Hearing Date: 27th June 2018 Decision Date: 01st July 2023 Court Number And Judge: 5-COURT 05 ADDL SESSIONS JUDGE
Orders
2Final Order 101 Jul 2023
01 Jul 2023
Order Details: Other Pdf Text: 01.07.2023 CORAM: SHRI R. M. MISHRA, ADDL. SESSIONS JUDGE C.R.NO.5 SU.949/18 None for Plaintiff. Adv. Ms. Vyavahare for MCGM present. It appear from the record that after dismissal of NM No. 1448/18, matter was kept for written statement. However, no w.s. is filed on record by the defendant, therefore, matter was kept for recording evidence. It appears that court motion notice was also issued to the plaintiff. As per the bailiff report the plaintiff is not traceable on the given address. Thus, it reveals that the plaintiff is not interested to proceed with the suit. Hence, Suit No. 949 of 2018 stands dismissed in default. Suit stands disposed off accordingly. Judge -- 1 of 1 --
Order 101 Jul 2023
01 Jul 2023
Order Details: Other Pdf Text: 01.07.2023 CORAM: SHRI R. M. MISHRA, ADDL. SESSIONS JUDGE C.R.NO.5 SU.949/18 None for Plaintiff. Adv. Ms. Vyavahare for MCGM present. It appear from the record that after dismissal of NM No. 1448/18, matter was kept for written statement. However, no w.s. is filed on record by the defendant, therefore, matter was kept for recording evidence. It appears that court motion notice was also issued to the plaintiff. As per the bailiff report the plaintiff is not traceable on the given address. Thus, it reveals that the plaintiff is not interested to proceed with the suit. Hence, Suit No. 949 of 2018 stands dismissed in default. Suit stands disposed off accordingly. Judge -- 1 of 1 --
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