NOTICE OF MOTION
Bhamabai Shamrao MateVsThe Asst. Municipal Commissioner And Ors
CNR MHCC0100437420204-COURT 04 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 26th February 2026
TrustJury record updated 29 Sept 2026
Case Overview
- Registration Number
- 101384/2020
- Registration Date
- 30 Sept 2020
Advocates
1For Petitioner
For Respondent
Not available
Parties
2Petitioner
Respondent
Acts & Sections
1CODE OF CIVIL PROCEDURE · Sec 9
Case History / Proceedings
Case History
Date: 09-12-2020 Business: None for Plaintiff. Adv. Khandagale for deft/MCGM present. Officer Mr. Manoj Hulge, Jr. Engg. (B and F), M/E ward, MCGM , is present. On oral request of advocate for deft, adjournment granted to file reply to NM. Matter adjd to 10/02/2021 for NM Reply. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 10-02-2021 Date: 10-02-2021 Business: Matter adjd to 26/03/2021 for NM Reply. Next Purpose: NOTICE OF MOTION Next Hearing Date: 26-03-2021 Date: 26-03-2021 Business: As Court is on leave, hence board is discharged. Next Purpose: NOTICE OF MOTION Next Hearing Date: 28-04-2021 Date: 28-04-2021 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: NOTICE OF MOTION Next Hearing Date: 14-07-2021 Date: 14-07-2021 Business: Due to Covid-19 pandemic Next Purpose: NOTICE OF MOTION Next Hearing Date: 20-08-2021 Date: 20-08-2021 Business: None for plaintiff. Adv. Tondwalkar for BMC/defendants No.1 and 2 present and and requests for time to file NM reply. Time is granted till next date. None for defendant No.3. Matter is adj. to 29/09/2021 for NM reply. Next Purpose: NOTICE OF MOTION Next Hearing Date: 29-09-2021 Date: 29-09-2021 Business: Adv Ansari Asggar Kalim for plaintiff present. Adv. Mrs. Tondwalkar for Defendant nos.1 and 2/MCGM is present. None for defendant no.3. Adjd. To 15/11/2021 for NM reply. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 15-11-2021 Date: 15-11-2021 Business: None for plaintiff. Adv. Mrs. Tondwalkar for Defendant No. 1 and 2/MCGM is present and seeks time to file reply to NM. Time is granted till next date. None for Defendant No.3. L.O. Adv. Ansari Asggar for the plaintiff present. Earlier order, if any, to continue till next date. Matter is adjd to 17/01/2022 for NM reply. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 17-01-2022 Date: 17-01-2022 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. Adjd. to 16.03.2022 for N/M reply. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 16-03-2022 Date: 16-03-2022 Business: Adv. Shrish Shigvan h.f. Ansari Assgar Kalim for Plaintiff present. Adv Mrs Tondwalkar for defendant / MCGM is present and seeks time to file reply to NM. Time is granted till next date. Earlier order, if any, to continue till next date. Adjd. To 27/06/2022 for NM reply. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 27-06-2022 Date: 27-06-2022 Business: Adv. Ansari Asggar Kalim for plaintiff present. Adv. Mrs. Tondwalkar for defendant Nos. 1 and 2/ MCGM is present and requested time to file reply on N/M. Time is granted till next date. None for deft. No. 3. Plaintiff is directed to submit status report of proposal of regularization. Adjd. to 22/08/2022 for N/M reply. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 22-08-2022 Date: 22-08-2022 Business: Adv. Shirish Shigvan h.f. Adv. Ansari Assgar for plaintiff present. Adv. Mrs. Tondwalkar for D/1 and D/2 BMC is present and requested for tile reply to NM. Time is granted till next date. None for D/3. Adjd. to 10/10/2022 for NM reply. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 10-10-2022 Date: 10-10-2022 Business: Adv. Jyoti Mishra h/f Adv. Ansari Asggar Kalim for plaintiff present. Adv. Mrs. Tondwalkar for defendant Nos.1 and 2/ BMC is present and requested time to file reply to N/M. Time is granted till next date. None for deft. No.3 and not filed reply. Adjd. to 07/12/2022 for N/M reply. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 07-12-2022 Date: 07-12-2022 Business: Court is busy in dictating order in Ch/S and urgent ad-interim hearing, board is discharged. Adjd. to 13/02/2023 for N/M reply. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 13-02-2023 Date: 13-02-2023 Business: As Court is busy in dictating orders in ad-interim relief and Ch/S order, board is discharged. Adjd. to 05/04/2023 for N/M reply. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 05-04-2023 Date: 05-04-2023 Business: Adv. Ansari Asggar Khan for plaintiff present. Adv. Mr. Suryavanshi for defendant no. 1 and 2/ BMC is present and requested for time to file NM reply. Time is granted till next date. None for defendant no. 3. Adjd. to 12/06/2023 for NM reply. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 12-06-2023 Date: 12-06-2023 Business: court is on leave Next Purpose: NM REPLYREJOINDER Next Hearing Date: 02-08-2023 Date: 02-08-2023 Business: Advocate Ansari for plaintiff present. Advocate Suryavanshi for defendant No. 1 and 2/BMC present and seeks time to file reply to NM. Time is granted. Plaintiff is directed to take against defendant No. 3 otherwise suit will be dismissed against defendant No.3. Adv for plaintiff submitted summon be served upon defendant No. 3, hence issue summons to defendant NO. 3 through bailiff of the office of the Sheriff of Mumbai. Adjd to 08.09.2023 for NM reply by BMC/ steps against def No. 3 Next Purpose: NM REPLYREJOINDER Next Hearing Date: 08-09-2023 Date: 08-09-2023 Business: Court is on leave Next Purpose: NM REPLYREJOINDER Next Hearing Date: 27-10-2023 Date: 27-10-2023 Business: Board is discharged as court is busy in hearing urgent Ad-interim and NM hearing matter, due to paucity of time, matter adjourned. Adjd to 22.01.2024 for NM reply by BMC/ steps against def No. 3 Next Purpose: NM REPLYREJOINDER Next Hearing Date: 22-01-2024 Date: 22-01-2024 Business: As court is busy in Judgment in Suit No. 2251/14 and other hearing urgent matter, Board is discharged, hence matter adjourned. Adjd to 20.03.2024 for NM reply by BMC/ steps against def No. 3 Next Purpose: NM REPLYREJOINDER Next Hearing Date: 20-03-2024 Date: 20-03-2024 Business: CORAM: H.H.J. SHRI. R. M. MISHRA (COURT ROOM No.05) Matter pertains to C. R. No. 4 None for plaintiff. Adv.Mr.Suryawanshi for Deft. Nos. 1 and 2/BMC present. Earlier order, if any, to continue till next date. Adjd. to 27/3/2024 for N/M reply by defendant Nos. 1 and 2/BMC and steps against defendant No. 3. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 27-03-2024 Date: 27-03-2024 Business: As Court is busy in hearing ad-interim matters and dictating ad-interim order, board is discharged. Hence matter adjourned. Earlier order, if any, to continue till next date. Adjd to 24.06.2024 for N/M reply by defendant Nos. 1 and 2/BMC and steps against defendant No. 3. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 24-06-2024 Date: 24-06-2024 Business: Advocate Ansari Kalim for plaintiff present. Advocate Botlawar for defendant/BMC present and seeks time to file reply to NM. Time is granted. Adv for plaintiff tendered report of service of writ of summons marked as Exh. 5. it appears writ of summons has been served upon D-3 on 14.09.2023 but he failed to appear. Hence suit to proceed exparte against D- 3. Plaintiff is direced to tender original NM No. 1384/20 till next date. Adjd to 23.09.2024 for NM Reply Next Purpose: NM REPLYREJOINDER Next Hearing Date: 23-09-2024 Date: 23-09-2024 Business: Advocate Ansari for plaintiff present submitted that in second session he has to go Bandra to attend Ground Breaking ceremony of High Court Building and requested adjournment. Advocate Honmane for defendant/BMC present and seeks time to file reply to NM. Time is granted. plaintiff to tender original NM till next date otherwise same will be dismissed for want of compliance. Earlier order, if any, to continue till next date. Adjd to 06.12.2024 for NM Reply Next Purpose: NM REPLYREJOINDER Next Hearing Date: 06-12-2024 Date: 06-12-2024 Business: Advocate Ansari Kalim for plaintiff present. Advocate Honmane for defendant/BMC present and seeks time to file reply to NM. Time is granted as a last chance. The suit is of year 2020 but plaintiff has not served writ of summons. Adv for plaintiff submitted that writ of summons has been served upon BMC and he will tender the same on next date. Plaintiff is directed to tender NM till next date. Adjd to 03.02.2024 for NM Reply Next Purpose: NM REPLYREJOINDER Next Hearing Date: 03-02-2025 Date: 03-02-2025 Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04) Adv. Ms. Nikita Kamble h/f Adv. Mr. Ansari Kalim for the plaintiff is present. On her say, the matter is kept back to tender registered NM. Adv. Ms. Sujata Puri for defendant No. 1 and 2/MCGM is present. Rest of the defendant are absent. Later on 4.40 p.m None present for the plaintiff to tender registered NM. Hence, the NM is posted for dismissal. Earlier order, if any, to continue till next date. Adjourned for NM dismissal/writ of summons to 15.03.2025. Next Purpose: NM FOR DISMISSAL Next Hearing Date: 15-03-2025 Date: 15-03-2025 Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04) Adv. Mr. Ansari Asggar Kalim for the plaintiff is present and filed registered NM No. 1384/2020, along-with affidavit in support. He also filed original writ of summons. Taken on record. It is marked as Exhibit 6. O- Filed. Adv. Mr. Swapnil Bharti h/f Adv. Ms. Sujata Puri for defendant/MCGM is present. Earlier Order, if any, is continued till the next date. Adjourned for NM reply/WS to 07-07-2025. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 07-07-2025 Date: 07-07-2025 Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04) None present for the plaintiff. Adv. Ms. Sangita Honmane h/f Adv. Ms. Vyavhare for defendant/MCGM is present and sought time to file NM reply. Granted lastly. Adjourned for NM Reply/Written statement to 13.08.2025. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 13-08-2025 Date: 13-08-2025 Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04) Adv. Mr. Ansari Kalim for the plaintiff is present. Adv. Ms. Vidya Vyavhare for defendant/MCGM is present and filed affidavit in reply to NM along-with list of document Taken on record. O- Filed. Copy is supplied to other side. Earlier Order, if any, is continued till the next date. Adjourned for NM hearing to 22.09.2025. Next Purpose: NM FOR HEARING Next Hearing Date: 22-09-2025 Date: 22-09-2025 Business: CORAM : H.H.J. SHRI. A. K. KALE (C.R. No. 04) None present for the plaintiff. Adv. Ms. Vidya Vyavhare for defendant/MCGM is present. Earlier Order, if any, is continued till the next date. Adjourned for Nm hearing .to 17.10.2025 Next Purpose: NM FOR HEARING Next Hearing Date: 17-10-2025 Date: 17-10-2025 Business: CORAM : H.H.J. SHRI. A. K. KALE (C.R. No. 04) None present for the plaintiff. Adv. Ms. Vidya Vyavhare for defendant/MCGM is present. Earlier Order, if any, is continued till the next date. Adjourned for NM hearing to 03.12.2025 Next Purpose: NM FOR HEARING Next Hearing Date: 03-12-2025 Date: 03-12-2025 Business: CORAM : H.H.J. SHRI. A. K. KALE (C.R. No. 04) None present for the plaintiff. Adv. Ms. Rupali Patil h/f Adv. Vyavhare for defendant/MCGM is present. Earlier Order, if any, is continued till the next date. Adjourned for NM hearing to 19.01.2026 Next Purpose: NM FOR HEARING Next Hearing Date: 19-01-2026 Date: 19-01-2026 Business: SUIT 101120/2020 is already adjourned on 26-02-2026 Next Purpose: DIRECTIONS Next Hearing Date: 26-02-2026 Date: 26-02-2026 Business: CORAM : H.H.J. SHRI. C. S. DATIR (C.R. No. 04) None present for the plaintiff. Adv. Ms. Rupali Patil h/f Vyavhare for defendant/MCGM is present. Plaintiff is absent when called repeatedly. It appears, plaintiff is absent since long and failed to take appropriate steps in order to proceed. It shows, he is not keenly interested to proceed with the NM. Suit is pending unattended. It would not be appropriate to keep it pending for the same steps since long. Thus, NM No. 1384/2020 stands dismissed for want of prosecution and finally disposed of. Later on at 3.53 pm Adv. Ansari Kalim for plaintiff is present. Adjourned for written statement to 27.04.2026 Nature Of Disposal: DISMISSED IN DEFAULT Disposal Date: 26-02-2026
Additional Case Details
Additional Case Details
Filing Number: 104756/2020 Filing Date: 30-09-2020 First Hearing Date: 09th December 2020 Decision Date: 26th February 2026 Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE
Orders
1Final Order 126 Feb 2026
26 Feb 2026
Order Details: Other Pdf Text: Dt:26.02.2026 SU 1120/20 NM 1384/20 CORAM : H.H.J. SHRI. C. S. DATIR (C.R. No. 04) None present for the plaintiff. Adv. Ms. Rupali Patil h/f Vyavhare for defendant/MCGM is present. Plaintiff is absent when called repeatedly. It appears, plaintiff is absent since long and failed to take appropriate steps in order to proceed. It shows, he is not keenly interested to proceed with the NM. Suit is pending unattended. It would not be appropriate to keep it pending for the same steps since long. Thus, NM No. 1384/2020 stands dismissed for want of prosecution and finally disposed of. Later on at 3.53 pm Adv. Ansari Kalim for plaintiff is present. Adjourned for written statement to 27.04.2026 Judge -- 1 of 1 --
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