SUIT - SHORT CAUSE CIVIL SUIT
Mr. Irshad Ahmed Khan +5 moreVsMCGM +1 more
CNR MHCC0100467920204-COURT 04 AD-HOC JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 07th December 2024
TrustJury record updated 29 Sept 2026
Case Overview
- Registration Number
- 101201/2020
- Registration Date
- 27 Oct 2020
Advocates
1For Petitioner
For Respondent
Not available
Parties
8Acts & Sections
1CODE OF CIVIL PROCEDURE · Sec 9
Case History / Proceedings
Case History
Date: 04-11-2020
Business: NOB TOB (BY PRECIPE)
Adv. Kapil Shetye for Plaintiff present and tendered draft NM
along with affidavit in support. TOR.
O - Leave is granted to register the draft NM, returnable till
next date.
Adv. Mr. Khandagale for Defendant/MCGM present.
Despite of service to Defendant/Corporation, they have failed to
file affidavit cum reply today. Advocate Khandgale seeking time
to file reply. Heard both sides. Advocate Khandagale objected for
any relief in favour of Plaintiff.
To decide controversial issue on merit, affidavit cum reply on
behalf of the Defendant/Corporation is very material. Hence, I
pass the following order -
Defendant Corporation shall not take any coercive action
against Suit premises till next date.
Authenticated copies be given to the both parties.
Matter adjd to 25/11/2020 for reply/ad-interim hearing.
Next Purpose: REPLY
Next Hearing Date: 25-11-2020
Date: 25-11-2020
Business: None for plaintiff.
Adv. Khandagale for deft/MCGM present.
Mr. Manohar Anand Pandit, Estate Inspector, M/ West Ward, MCGM present.
On oral request of advocate for deft/MCGM, matter is adjourned.
Short time granted at the request of officer Mr. Pandit.
Matter adjd to 11/12/2020 for NM Reply.
Later On. At 11.10 am.
Adv. Kapil Shetye for plaintiff present.
Plaintiff is directed to tender registered NM till next date.
Earlier order, if any, to continue till next date.
Matter is already adjd to 11/12/2020.
Next Purpose: REPLY
Next Hearing Date: 11-12-2020
Date: 11-12-2020
Business: Adv. Mr. P. N. Kulkarni for plaintiff present and filed V/P, TOR and marked at Exh.2.
Adv. Khandagale for deft/MCGM present and tendered list of documents, TOR and marked at Exh.3. Copy is supplied to other side.
Advocate for deft/MCGM also filed reply to draft Notice of Motion cum Written statement, TOR and marked at Exh.4.
Officer Ms. Pushpa B. Mane, Estate officer, M/W Ward, MCGM, present.
Advocate for plaintiff tendered draft NM along-with affidavit in support. TOR. Leave is granted to register the NM, returnable on next date.
Adv. Khandagale has submitted that the verification report filed on record with affidavit cum reply shows that the sanction letter filed by the plaintiff are sham and bogus. Therefore, EOC should not be continued and matter be heard for ad-interim injunction on merit. Adv. Kulkarni for plaintiff has submitted that the affidavit cum reply filed by the deft/ Corporation supported by the various documents needs to be challenged by way of filing rejoinder. One fair opportunity shall be given to plaintiff to file rejoinder to the reply filed by deft/Corporation.
Heard both sides.
I am the opinion that fair opportunity shall be given to the plaintiff to file the rejoinder to the reply filed by the deft/Corporation.
Hence, Order :-
ORDER
1) Plaintiff is directed to file rejoinder on or before next date with direction to serve copy to defendant.
2) Both parties are directed to argue on ad-interim injunction without fail.
Authenticated copies be given to the both parties.
Earlier order, if any, to continue till next date.
Matter adjd to 19/12/2020 for Ad-interim hearing.
Next Purpose: HEARING
Next Hearing Date: 19-12-2020
Date: 19-12-2020
Business: Adv. Mr. Jamkhandi h/f. Adv. Mr. Kulkarni for Plaintiff present.
Adv. Mr. Khandagale for Defendant/MCGM present.
Officer Ms. Pushpa B. Mane, Estate officer, M/W Ward, MCGM, present.
On oral request of advocate for plft - adjournment granted.
Earlier order, if any, to continue till next date.
Matter adjd to 21/12/2020 for ad-interim hearing.
Next Purpose: HEARING
Next Hearing Date: 21-12-2020
Date: 21-12-2020
Business: None for plaintiff.
Adv. Khandagle for deft/MCGM present.
Officer Smt. Pushpa B. Mane, Estate officer, M/W Ward, MCGM and Mr. Manohar A. Pandit, Estate Inspector, M/W Ward, MCGM are present.
KB
Later On. At 12.00 noon.
Adv. Keyur Kulkarni for plaintiff present.
It is submitted by ld. advocate Kulkarni that adjournment may be granted to file rejoinder to the reply filed by the deft/Corporation on medical grounds of uncle Mr. Neelkanth Kulkarni. No medical certificate is filed on record. Advocate Khandagale for deft/ MCGM strongly objected for any adjournment to file rejoinder and arguments on ad-interim relief. It is submitted that the adverse order passed against Corporation and the plaintiff is taking the benefit of it since last two dates. Heard both sides. Arguments advanced by advocate for defendant is true and correct. Considering the genuine circumstances, last chance is given till tomorrow to file rejoinder/argument on ad-interim relief sharp at 11.00 am as since there is vacation from next day tomorrow. In failure to file rejoinder, the argument will be heard tomorrow itself without fail.
Earlier order, if any, to continue till next date.
Adjd to 22.12.2020 rejoinder by filed plaintiff/arguments on ad-interim reliefs.
Next Purpose: HEARING
Next Hearing Date: 22-12-2020
Date: 22-12-2020
Business: None for plaintiff.
Adv. Khandagle for deft/MCGM present.
Officer Smt. Pushpa B. Mane, Estate officer, M/W Ward, MCGM and Mr. Manohar A. Pandit, Estate Inspector, M/W Ward, MCGM are present.
KB .Later On. At 12.05 pm.
Adv. Mr. Keyur Kulkarni for plaintiff present and tendered rejoinder filed by the deft/ MCGM to NM. TOR. Copy is served to other side.
Advocate for plaintiff tendered Contempt NM alongwith affidavit in support. TOR. Leave is granted to register the Contempt NM,
returnable on next date. Copy is served to other side.
It is submitted by Adv. Khandgale that Suit premises are in the possession of Corporation. Plaintiff is taking advantage of order passed in favour of them. No coercive order may be set-aside by passing status quo order. Officer Smt. Pushpa Mane is present. Deft/Corporation has apprehension about encroachment of plaintiff on the basis of order and therefore pressing for ad interim hearing.
Learned Advocate Mr. Keyur Kulkarni submitted that the his uncle Mr. Neelkanth Narayan Kulkarni his suffering from Cancer and admitted at Shanti Avedana Care Center, Bandra. He is at last stage and therefore he alongwith his father Adv. Mr. P. N. Kulkarni cannot argue on ad-interim relief today. He assured that he will argue on 04.01.2021 i.e first day after reopening of Court after Vacation. Advocate for plaintiff is directed to produce medical document supported by affidavit for adjournment.
KB. Later On. At 02.15 pm.
Adv. for plaintiff tendered common pursis alongwith copies of medical papers (Exh.5), kept in Suit No.1202/2020.
Earlier order, if any, to continue till next date.
Authenticated copies be given to the both parties.
Plaintiff is directed to register the original Notice of Motion till next date.
With the Consent of both the parties, Matter adjd to 04/01/2021 for Argument on Ad-interim relief.
Next Purpose: ARGUMENTS
Next Hearing Date: 04-01-2021
Date: 04-01-2021
Business: None for plaintiff.
Adv. Khandagle for deft/MCGM present.
Officer Smt. Pushpa B. Mane, Estate officer, M/W Ward, MCGM and Mr. Manohar A. Pandit, Estate Inspector, M/W Ward, MCGM are present.
KB
Later On. At 11.55 am.
Adv. P. N. Kulkarni for plaintiff present.
It is submitted by Ld. Adv. P. N. Kulkarni for plaintiff that his brother Mr. Nilkanth Kulkarni is expired and he needs to be attend his last rites and rituals. One last chance to be given to argue on ad-interim relief to the plaintiff, in failure necessary order will be passed on next date. The matter is pending for argument on ad- interim injunction since last two dates. Last day it was adjourned on the request of advocate for plaintiff as his brother Late Nilkanth Kulkarni was hospitalized.
It is submitted by the Adv. Khandagale for deft/MCGM he has urgency as order running against the BMC. The allotment by the MCGM/ Corporation is stuck up in order and to be allowed to authorized PAP holders. Considering genuine reason of plaintiff, matter is adjourned. On Monday i.e. dt. 11.01.2021 at 11.45 am for argument on ad-interim relief, if plaintiff remains absent necessary order will be passed for vacating EOC.
The copies of Electricity Bills of Suit premises is filed by Adv. Khandagale for deft/MCGM. TOR, and marked at Exh.5.
Copy received by plaintiff.
Earlier order, if any, to continue till next date.
Matter adjd to 11/01/2021 for Arguments on Ad-interim relief.
Next Purpose: ARGUMENTS
Next Hearing Date: 11-01-2021
Date: 11-01-2021
Business: Adv. Mr. P. N. Kulkarni a/w Adv. Mr. Keyur Kulkarni for plaintiff present.
Adv. Khandagle for deft/MCGM present and filed common written notes of argument in NM (for ad-interim reliefs) in Suit No.1200/2020.
Officer Smt. Pushpa B. Mane, Estate officer, M/W Ward, MCGM and Mr. Manohar A. Pandit, Estate Inspector, M/W Ward, MCGM are present. Heard both sides on Ad-interim reliefs.Perused plaint alongwith NM and all documents filed by the plaintiff with the plaint. Perused affidavit cum reply filed by the deft/MCGM alongwith the all documents and additional documents. Heard advocate Mr. P. N. Kulkarni for plaintiff who pithily submitted that plaintiffs are authorized PAP holders as there original hutments were demolished in road wide scheme. The Municipal Corporation has issued allotment letters in favour of plaintiffs and also plaintiffs are consumer of Adani Electricity Power Company and accordingly they have filed electricity bills. The plaintiffs also filed maintenance receipt of Shivsai Co-op. Soc. and Aadhar Card etc.
He further submitted that the verification reports issued by Sub Engineer Road (E-Ward) with the remark Not issued by the officer are invalid. This verification reports nowhere states that the allotment letters issued were sham and bogus. Hence prayed for continuation of ad-interim protection in favour of plaintiff.
Adv. Mr. Keyur Kulkarni has shown photographs in mobile where the party has taken newspaper in hand. According to him, it shows they were in possession on 02.11.2020.Adv. Mr. Khandagale for deft/MCGM pithily submitted that plaintiffs have taken law in hand with bogus documents. We have never admitted their possession. The remarks given by the Sub Engineer Road (E-Ward) on the letter given by the Estate Department as it was requested to give remarks immediately on this letter only and nothing else. It is to be noted that verification reports are nowhere challenged by plaintiffs. The electricity bill dated November,2020 are of Room No.104 standing in the name of A/E (Maintenance) department and not in the name of plaintiff Shaifunissa. He further submitted that the additional documents filed by Deft/MCGM are all electricity bills in the name of the A/E (Maintenance) department of the Corporation and not in the name of plaintiffs.I have gone from the allotment letters filed by the plaintiff which are prima facie suspicious it no where mentioned Plot No., Survey No of the suit property. The letters are with fill in the blanks (_____). This letter does not mentioned any reference about the exact structure/ Room/Hut Number which affected in road widening project. This letters transpires fill in the blanks(_____) in front of structure/ Room/Hut Number. It is pertain to note that the name of plaintiffs mentioned in this allotment letters are also without structure/Room/Hut Number.
In support of contention defendant also filed the verification reports from A/E Maintenance (E-Ward) dt. 26.11.2020 which transpires that all these allotment letters were not issued by the Road Department of MCGM. To Counter blast this verification report no documents filed by the plaintiffs. In support of verification report possession receipt from 1) MMRDA, 2) Eagle Security, 3) A.O (Estate) to R. C. F Police Station, 4) A. O Estate eviction Report dt. 28.09.2020 and 5) A. O Estate M/W to A.E (Maintenance)
(E-ward) dt. 12.11.2020 all this list of documents indicates that the Suit PAP are handed over to MCGM by MMRDA on 02.02.2012 and 14.02.2012. The letter from Eagle Security clearly mentioned the incident of Encroachment dt. 22.09.2020 and immediate action by MCGM officer for removal of Encroachment with the help of police on 28.09.2020. The Online Statement of PAP allotment which also clearly shows that Suit PAP are already alloted to actual project affected persons. Per contra the documents filed by the plaintiffs do not substantiate that they are in possession of suit property. Taking help of Sham and bogas documents to obtain ad-interim relief is against principle of equatable relief. The document at Exh.3 filed by the MCGM transpires that the plaintiffs have filed bogus allotment letter without any other sufficient documents to prove that they are authorized PAP holders for concern road widening project of MCGM.
It is settled law that one who seeks equity shall come with clean hands. He should have capacity to stand on his own leg and mere Aadhar Card would not suffices the purpose to support the claim. After careful perusal of the documents filed by plaintiff and defendant. I am of the view that plaintiffs are not entitled for ad-interim relief. Hence Order -
ORDER
1. The praye for ad-interim relief is rejected being devoid of merits.
2. Authenticated copies be given to the both parties.
It is submitted by Adv. Mr. P. N. Kulkarni that six weeks\'' time be granted to challenge this order before the Hon\''ble High Court. Adv. Mr. Khandagale for deft/MCGM strongly objected as there is no scope to enhance the protection to the plaintiff as ad-interim is rejected and authorized PAP holders has to give possession.
Heard both sides.
I am of the view that, some time should be given to challenge the order to Hon\''ble High Court.
Hence Order -
ORDER
Two weeks time may be granted to challenge the order. The MCGM should not take any action against plaintiff for these two weeks. No further extension of protection period would be granted.
Adv. for plaintiff tendered original registered Contempt Notice of Notion No.2024/2020 along-with affidavit in support. TOR.
Matter adjd to 03/02/2021 for Reply to NM No.04/2021 and Contempt NM No.2024/2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-02-2021
Date: 03-02-2021
Business: Adv. Jamkhande h/f Adv. P. N. Kulkarni for plaintiff present.
Adv. Khandagle for deft/MCGM present and requests for time to file reply to Original NM and Contempt NM.
Matter adjd to 05/04/2021 for Reply to Original NM and Contempt NM.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-02-2021
Date: 11-02-2021
Business: NOB TOB (By Precipe)
Adv. Mr. P. N. Kulkarni a/w Adv. Mr. Keyur Kulkarni for plaintiff present and tendered draft NM along-with affidavit in support. TOR. Leave is granted to register the NM, returnable on next date.
Adv. Khandagle for deft/MCGM present.
Officer Smt. Pushpa B. Mane, Estate officer, M/W Ward, MCGM present and submits that she doesn\''t know legal words and, therefore, she has wrongly mentioned as a \''Suit disposed\'' instead of \''ad-interim relief is rejected\'' at Exh. A filed by the plaintiff. There is no deliberate error. Advocate Kulkarni also submitted that Officer also present on every day of hearing and she was very well aware about the order and she must be explained by advocate Khandagale about the order. Mistake is not acceptable, she being Estate Officer.
Heard both sides on Ad-interim reliefs.Therefore, I am inclined to pass following order -
ORDER ON AD-INTERIM REEIF
1. The prayer for ad-interim relief in draft Notice of Motion is rejected being devoid of merits.
2. Authenticated copies be given to the both parties.
Plaintiff is directed to tender original registered NM No.4/2021 on next date.
Matter is already adjd to 05/04/2021 for Reply to original NM/Contempt NM and draft NM.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-04-2021
Date: 05-04-2021
Business: Due to Covid-19 SOP, matter is adjourned till next date.
Matter adjd to 05/05/2021 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-05-2021
Date: 05-05-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-07-2021
Date: 26-07-2021
Business: Due to covid-19.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-09-2021
Date: 27-09-2021
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present and requests for time to file reply to NM. Time is granted till next date.
Adjd. To 17/11/2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-11-2021
Date: 17-11-2021
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present and seeks time to file reply to NM. Time is granted till next date.
Matter is adjd to 18/02/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-02-2022
Date: 18-02-2022
Business: HHJ is on leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-04-2022
Date: 08-04-2022
Business: HHJ is on leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-06-2022
Date: 10-06-2022
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for defendant/ MCGM is present request time to file reply on N/M. Time is granted till next date.
Plaintiff is directed to register the N/M till next date.
Adjd. to 08/08/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-08-2022
Date: 08-08-2022
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for defendant/ BMC is present and requested time to file reply to N/M. Time is granted till next date.
Plaintiff is directed to register the draft N/M till next date and also directed to tendered original N/M No. 4/2021 along with affidavit in support thereof.
Adjd. to 07/10/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-10-2022
Date: 07-10-2022
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Contempt N/M No.2024/2020 has been filed for breach of the interim order passed by this Court under order 39, rule 1 of the CPC. Hon\''ble Bombay High Court judgment of Rampyaribai Sukhadeo Daga V/s Niladevi Narayandas Jakhotiya and Ors. held that an application under order 39, rule 2-A of the CPC is to be separately registered as Miscellaneous Application and should be tried by framing issues independently. Hence, in view of the above cited judgment office is directed to register contempt N/M No. 2024/2020 as separate Miscellaneous Application. Hence, contempt N/M No. 2024/2020 is removed from the CIS.
Plaintiff is directed to tender original N/M No.4/2021 on next date.
Plaintiff is further directed to register draft N/M and serve copy of N/M to defendant/ corporation till next date.
Adjd. to 12/12/2022 for N/M hrg. and service of draft N/M.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-12-2022
Date: 12-12-2022
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Plaintiff is directed to register draft N/M till next date and serve the copy of draft N/M to deft./ BMC.
Adjd. to 15/02/2023 for service and reply to draft N/M.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-02-2023
Date: 15-02-2023
Business: None for plaintiff.
Adv. Mr. Suryavanshi for defendant/ BMC is present.
Plaintiff has not registered N/M as plaintiff is directed to register N/M till next date and serve the copy to defendant/ BMC failing which N/M will be dismissed for want of compliance.
Plaintiff is also directed to tender N/M No.4/2021 failing which N/M will be dismissed for want of compliance.
Adjd. to 24/03/2023 for compliance by plaintiff and service of N/M.
Next Purpose: COMPLIANCE
Next Hearing Date: 24-03-2023
Date: 15-02-2023
Business: None for plaintiff.
Adv. Mr. Suryavanshi for defendant/ BMC is present.
Plaintiff has not registered N/M as plaintiff is directed to register N/M till next date and serve the copy to defendant/ BMC failing which N/M will be dismissed for want of compliance.
Plaintiff is also directed to tender N/M No.4/2021 failing which N/M will be dismissed for want of compliance.
Adjd. to 24/03/2023 for compliance by plaintiff and service of N/M.
Next Purpose: COMPLIANCE
Next Hearing Date: 24-03-2023
Date: 24-03-2023
Business: None present for plaintiff.
Adv. Suryavanshi for defendant/BMC present.
Plaintiff was repeatedly directed to register the draft NM and directed to tender NM No. 04/2021, however plaintiff has not complied the said order. Therefore, on previous date matter adjourned for compliance i.e to register the draft NM and tender NM No. 04/2021 with condition that if order is not complied both the motions will be dismissed for want of compliance. However, plaintiff has not complied said order. Therefore, draft NM and NM No. 04/2021 is dismissed for want of compliance.
Plaintiff is directed to register the disposed of draft NM for statistical purpose.
Matter adjd for draft issues to 19.08.2023.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 19-08-2023
Date: 19-08-2023
Business: None present for plaintiff
Advocate Mhatre h/f Suryavanshi for defendant/BMC present.
Adjd to 07.10.2023 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 07-10-2023
Date: 07-10-2023
Business: None present for plaintiff
Advocate Mhatre for defendant/BMC present.
Exh. …. Issues are framed.
Adjd to 14.12.2023 for List of witness and R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-12-2023
Date: 14-12-2023
Business: Advocate Mhatre for defendant/BMC present.
The issues are framed on 7/10/2023
Adjd to 16/1/2024 for Plff’s evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-01-2024
Date: 16-01-2024
Business: None present for plaintiff.
Advocate Mhatre for defendant/BMC present.
Today is second date for filing evidence of plaintiff. Hence matter adjourned.
Adjd to 18.04.2024 for plaintiff evidence/R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-04-2024
Date: 18-04-2024
Business: Court is on leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-06-2024
Date: 25-06-2024
Business: None present for plaintiff
Advocate Metakari h/f Vyawahare for defendant/BMC present.
Adjd to 22.07.2024 for evidence of plaintiff /R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-07-2024
Date: 22-07-2024
Business: None present for plaintiff
Advocate Honmane for defendant/BMC present.
Due to heavy rain there are direction not to pass adverse order due to absence of the parties/Advocates. Hence matter adjourned
Adjd to 02.09.2024 for plaintiff evidence /R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-09-2024
Date: 02-09-2024
Business: None present for plaintiff
Advocate Honmane for defendant/BMC present.
Matter is pending since many dates for plaintiff evidence but roznama shows that neither plaintiff nor his adv remains present. plaintiff has not lead evidence, hence matter adjourned and kept for dismissal of suit
Adjd to 21.09.2024 for dismissal of suit.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-09-2024
Date: 21-09-2024
Business: PO is on leave, hence board is discharged and matter is adjourned.
Next Purpose: SUIT DISMISSAL
Next Hearing Date: 19-10-2024
Date: 19-10-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
None for plaintiff.
Advocate Pooja Nagarthawar for defendants/BMC present.
Adjd to 16/11/2024 for dismissal of Suit.
Next Purpose: SUIT DISMISSAL
Next Hearing Date: 16-11-2024
Date: 16-11-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
None present for plaintiff.
Adv. Santosh Yadav for defendant/BMC present.
As Court is busy in Targeted matter and judgment in Suit No. 1908/2016 and 1909/2016. Hence matter adjourned.
Adjd to 07.12.2024 for suit dismissal.
Next Purpose: SUIT DISMISSAL
Next Hearing Date: 07-12-2024
Date: 07-12-2024
Business: None present for plaintiff
Advocate Honmane for defendant/BMC present.
keep back
Later on 4.00 p.m
Same appearance
Order below Exh. 1
The suit is of year 2020 and issues are framed on 07.10.2024 and there after matter repeatedly adjourned for the plaintiff’s evidence. The roznama shows that neither plaintiff nor his Adv remains present. Thereafter matter adjourned to 02.09.2024, 21.09.2024, 19.10.2024 and 16.11.2024 for dismissal of suit but insipite of that none was appeared for plaintiff. Today also none present for plaintiff. This shows that plaintiff is not interested to proceed with the suit. Hence I pass following order.
ORDER
Suit is dismissed under order IX Rule 8 of Civil Procedure Code.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 07-12-2024Additional Case Details
Additional Case Details
Filing Number: 105014/2020 Filing Date: 15-10-2020 First Hearing Date: 04th November 2020 Decision Date: 07th December 2024 Court Number And Judge: 4-COURT 04 AD-HOC JUDGE
Orders
1Final Order 107 Dec 2024
07 Dec 2024
Order Details: Other Pdf Text: 17 Dt:07.12.2024 SU 1201/20 CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 ) None present for plaintiff Advocate Honmane for defendant/BMC present. keep back Later on 4.00 p.m Same appearance Order below Exh. 1 The suit is of year 2020 and issues are framed on 07.10.2024 and there after matter repeatedly adjourned for the plaintiff’s evidence. The roznama shows that neither plaintiff nor his Adv remains present. Thereafter matter adjourned to 02.09.2024, 21.09.2024, 19.10.2024 and 16.11.2024 for dismissal of suit but insipite of that none was appeared for plaintiff. Today also none present for plaintiff. This shows that plaintiff is not interested to proceed with the suit. Hence I pass following order. ORDER Suit is dismissed under order IX Rule 8 of Civil Procedure Code. Judge -- 1 of 1 --
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