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
1For Petitioner
For Respondent
Not available
Parties
2Respondent
- 1MCGM
Acts & Sections
1CODE 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: 06-07-2022Additional 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
1Final Order 106 Jul 2022
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 -- 1 of 1 --
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