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NOTICE OF MOTION

Mehernosh Noshir Patel - Suit St. No. 4678-2020VsMCGM

CNR MHCC01004854202011-COURT 11 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 06th July 2022

TrustJury record updated 29 Sept 2026

Case Overview

Registration Number
101513/2020
Registration Date
23 Oct 2020

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    CODE OF CIVIL PROCEDURE · Sec 9

    Case History / Proceedings

    Case History
    Date: 26-10-2020
    Business: Adv. Mr. Sangale a/w adv. Mr. Nilesh Pandey for plff., filed registered NM no. 1513/2020 along-with affidavit.
    Adv. Mrs. Mhatre for deft./MCGM present.
    In view of detail roznama in Suit at St. no.4817/2020, adjd is granted.
    Ld. Adv. Mrs. Mhatre submits that when officer of visited, it was locked. It require to verify by MCGM.  Accordingly, plff to keep open the suit premises and allow access to the officer of MCGM on dt. 28 and 29.10.2020.  Next date for hearing is fixed r/o 11.11.2020, in all group suits.
    The reply submitted by plff is not reflected in speaking order.  It is submitted by MCGM that after speaking order reply was filed by the plff.
    MCGM to proceed for fresh speaking order.  The plaint be consider as reply.
    Interim relief/ protection to the notice structure is granted till issuance of speaking order and 10 days thereafter, if order would adverse to the interest of plff.
    Matter is adjd. for NM hearing on 11.11.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-11-2020
    
    Date: 11-11-2020
    Business: Adv. Nilesh Pande for plaintiff present.
    Adv. Ms. Tondwalkar  for deft./MCGM present.
    In view of reasons given in roznama of 4817/20, adjd. is gtd.
    Earlier order, if any, to continue till next date.
    Matter is adjd. to  02-12-2020  for Compliance.
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-12-2020
    
    Date: 02-12-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-12-2020
    
    Date: 14-12-2020
    Business: Adv. Priyank Shukla for Plaintiff , submits that Adv. Pande went for Funeral of nearest relative, prayed for adjournment.
    Adv. Mhatre  for deft./MCGM , raised objection.
    Earlier order, if any, to continue till next date.
    Matter is adjd.to 13-01-2021 for NM Reply.
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 13-01-2021
    
    Date: 13-01-2021
    Business: Adv. Priyank Shukla for plaintiff present and requested for short adjournment. Adjournment granted.
    Adv. Tondwalkar for deft./MCGM present.
    Earlier order, if any, to continue till next date.
    Matter is adjd. to 22/02/2021 for NM Reply/Hearing.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 22-02-2021
    
    Date: 22-02-2021
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 03-03-2021
    
    Date: 03-03-2021
    Business: None present for plaintiff.
    Adv. Ms. Mhatre for deft./MCGM present.
    Earlier order if any, to continue till next date.
    Matter is adjourned for NM hearing to 05.04.21.
                                                                                   Judge
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 05-04-2021
    
    Date: 05-04-2021
    Business: Mr. Asit Singh  for plaintiff present and filed reply to CH/s. 693/2021.
    Adv. Ms. Mhatre for deft./MCGM present alongwith officer Aakash Pawar Jr. Eng.(J&F) \''L\'' Ward.
    Adv. Mr. Bhadang for applicant present and filed register Ch/s No.693/2021. He also filed list of documents.
    Matter is adjourned for Ad-interim hearing/Ch/s. Hearing to 9/04/2021.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 09-04-2021
    
    Date: 09-04-2021
    Next Purpose: C/S  HEARING
    Next Hearing Date: 09-07-2021
    
    Date: 09-07-2021
    Next Purpose: C/S  HEARING
    Next Hearing Date: 06-08-2021
    
    Date: 06-08-2021
    Business: None present for plaintiff.
    Adv. Mr. Khandagale for deft./MCGM present.
    Earlier order if any, to continue till next date.
    Matter is adjourned for 29.09.2021.
                                                                                   Judge
    Next Purpose: C/S  HEARING
    Next Hearing Date: 29-09-2021
    
    Date: 29-09-2021
    Business: Court is Vacant. Matter adj. to next date.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 29-10-2021
    
    Date: 29-10-2021
    Business: Court is vacant. Matter is adj. to next date.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 01-12-2021
    
    Date: 01-12-2021
    Business: Adv. Mr. Rahul Bhosale for Plaintiff present.
    	Adv. Mr. Khandagale for Defendant/BMC present.
    Exh. 5	Adv. for Plaintiff filed an application for continuation of earlier order.  Adv. Mr. Bhosale made a statement at bar that the structure is still existing.  In the circumstances, O :- Application allowed.  Earlier order, if any, to continue till the next date.
    	Leave to register the suit.
    	Matter adj. to 20/12/2021 for NM Hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 20-12-2021
    
    Date: 20-12-2021
    Business: Adv. Mr. Bhosale for plaintiff is present.
    Adv. Mr. Khandagale for Defendant/MCGM is present.
    Adv. for the plaintiff orally requested for registration of suit and NM hearing.
    Earlier order, if any, to continue till the next date.
    Adjourned for registration of suit/NM hearing to 02/02/2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-02-2022
    
    Date: 02-02-2022
    Business: None present for plaintiff.
    Adv. Mr. Khandagale for defendant/MCGM is present.
    In view of office order no. 07/2022 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.
    Earlier order, if any, to continue till the next date.
    Adjourned for compliance/ registration of suit to 21.03.2022.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 21-03-2022
    
    Date: 21-03-2022
    Business: Adv. Mr. Pathak h/f Adv. Pandey for plaintiff is present and orally requested for time for compliance/registration of suit. Sufficient time is already granted. Hence, this request is discarded and the suit is posted for dismissal order.
    Adv. Mr. Khandagale for defendant/MCGM is present.
    Earlier order, if any, to continue till the next date.
    Adjourned for dismissal to 06.07.2022.
    Next Purpose: DISMISSAL
    Next Hearing Date: 06-07-2022
    
    Date: 06-07-2022
    Business: None present for plaintiff.
    Adv. Mr. Khandagale for defendant/MCGM is present.
    KB LO at 05:30 pm.
    Order below exhibit No. 01:
    The plaintiff is absent to get registered the suit, even after repeated directions. It seems that initially on 20.02.2021, he was directed to get registered the suit and since then, he could not comply with the Order. As such, the suit is pending for dismissal. Even, today he is absent to proceed with the matter. No stay order is communicated in the suit. It is, thus, clear that he is not interested to proceed with the suit. Hence, the suit stands dismissed for want of prosecution on his behalf. All the pending applications, NM No. 1513/2020 and Ch/s No. 462/2021 accordingly stand disposed of. The plaintiff is directed to file the copy of original Ch/s on record and to get registered the suit within period of one week from this Order. The plaintiff is also called upon to bear their costs of litigation. Bill of costs be drawn-up accordingly. The proceeding stands closed.
    Nature Of Disposal: DISMISSED
    Disposal Date: 06-07-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 105191/2020
    Filing Date: 23-10-2020
    First Hearing Date: 26th October 2020
    Decision Date: 06th July 2022
    Court Number And Judge: 11-COURT 11  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    06 Jul 2022
    Order Details: Other
    Pdf Text: 06.07.2022
    DB. No. 2
    CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11)
    ST 4678/20
    NM 1513/20
    C/S 462/21
    None present for plaintiff.
    Adv. Mr. Khandagale for defendant/MCGM is present.
    KB LO at 05:30 pm.
    Order below exhibit No. 01:
    The plaintiff is absent to get registered the suit, even after repeated
    directions. It seems that initially on 20.02.2021, he was directed to
    get registered the suit and since then, he could not comply with the
    Order. As such, the suit is pending for dismissal. Even, today he is
    absent to proceed with the matter. No stay order is communicated
    in the suit. It is, thus, clear that he is not interested to proceed with
    the suit. Hence, the suit stands dismissed for want of prosecution
    on his behalf. All the pending applications, NM No. 1513/2020 and
    Ch/s No. 462/2021 accordingly stand disposed of. The plaintiff is
    directed to file the copy of original Ch/s on record and to get
    registered the suit within period of one week from this Order. The
    plaintiff is also called upon to bear their costs of litigation. Bill of
    costs be drawnup accordingly. The proceeding stands closed.
    Judge
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