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SUIT - SHORT CAUSE CIVIL SUIT

Mr. Keshav Vitthal TawadeVsMCGM +4 more

CNR MHCC0100494020199-COURT 09 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 16th June 2022

TrustJury record updated 20 Sept 2026

Case Overview

Registration Number
101470/2019
Registration Date
18 Jun 2019

Advocates

1

For Respondent

    Not available

    Parties

    6

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec Order 39

    Case History / Proceedings

    Case History
    Date: 20-06-2019
    Business: Adv. Ms. Kaveria for the Plaintiff present.
    Adv. Ms Krishan Patel for Defendant no 5 present.
    Adv. Mr. Dipesh Jain for Defendant no. 4 present.
    Adv. Jafari for the applicant in Ch/s no. 1106/19 present.
    Original registered Ch/s No 1106/19 alongwith affidavit in support tendered by applicant in Ch/s. t.o.r.
    Adv. Suryawanshi for MMC/Defendant No.1 and 2 present
    Vakalatnama of Defendant no. 1 and 2. t.o.r. O-filed.
    Reply cum Written Statement filed by Defendant nos. 1 and 2. t.o.r. O-filed
    List of documents tendered by Defendant nos. 1 and 2. t.o.r. O-filed.
    Reply to N/M tendered by Defendant no. 4. t.o.r.
    Written Statement tendered by Defendant no. 4 .t.o.r.
    Matter is adjd. to 27.06.2019 for reply to Ch/s by the Plaintiff/ N/M hearing/
    Next Purpose: REPLY
    Next Hearing Date: 27-06-2019
    
    Date: 27-06-2019
    Business: Adv. Renuka Kaveriya for the Plaintiff present.
    Adv. Suryawanshi for Defendant no. 1 and 2 present.
    Adv. Mr. Nooman Jafari for applicant in Ch/s no. 1192/16.
    Adv. Mr. Dipesh Jain for defendant no. 4 present.
    Advocate for plaintiff seeks adjournment for filing reply.
    O- Granted.
    Leave is granted to plaintiff to register the N/M.
    Order dtd. 15.6.2019 be continued till next date.
    Matter is adjd. to 6.7.2019 for N/M hearing/ reply to Ch/s
    Next Purpose: REPLY
    Next Hearing Date: 06-07-2019
    
    Date: 06-07-2019
    Business: Adv. Rohit Dhikle for the Plaintiff present.
    Adv. Jain for Defendant -4 present.
    Adv. Japhari for applicant in Ch/s no. 1106/19 present.
    Adv. Krishna Patel for Defendant no. 5 present.
    Written Statement tendered by Defendant no. 5. t.o.r. O-filed. Exh. 10
    Original registered N/M No. 2407/19 alongwith affidavit in support tendered by the Plaintiff. t.o.r.
    Reply to Ch/s tendered by the Plaintiff. t.o.r.
    Matter is adjd. to 24.07.2019 for Ch/s hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 24-07-2019
    
    Date: 24-07-2019
    Business: Adv. Renuka for Plaintiff present.
    Adv. Punam Gupta for SRA present.
    Adv. Jafri for applicant in Ch/s present.
    Adv. for BMC/deft 1 and 2 present.
    Earlier order to continue till next date.
    Adjd. to 21.08.2019 for Ch/s hearing
    Next Purpose: C/S  HEARING
    Next Hearing Date: 21-08-2019
    
    Date: 21-08-2019
    Business: Adv. Renuka  for the Plaintiff present.
    Adv. Chandra More for defendant nos. 1 and 2 present.
    Adv. Jitesh Jain for Defendant no. 4 present.
    Adv. Poonam Gupta for defendant no. 5 present.
    Adv. Tariq Choudhary for applicant in Ch/Summ no. 1106/19 present. He seeks adjournment. Matter is adjd. to 06/11/2019 for C. S. hearing/NM hearing. Earlier order to continue till then.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 06-11-2019
    
    Date: 06-11-2019
    Business: Adv. Renuka  for the Plaintiff present.
    Adv. Chandramore for Defendant no. 2present.
    Adv.  Sivoj Sule I/b Noman Jafri for proposed Deft. present.
    Earlier order to continue till next date.
    Matter is adjd. to 03.12.2019 for chamber summons and hearing
    Next Purpose: C/S  HEARING
    Next Hearing Date: 03-12-2019
    
    Date: 03-12-2019
    Business: As Court is busy in hearing urgent matter and passing interim order, board discharged.
    Earlier order if any, to be continued till next date.
    Matter adj for Ch/S hearing on 20/12/2019.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 20-12-2019
    
    Date: 20-12-2019
    Business: Adv.  Jafri for Applicants in Ch/S is present.
    Adv. Chandramore  for defendant no. 1 and 2 is present.
    Adv. Biz Samual for defendant no. 5 is present
    Adv.  Kaveria for Plaintiff is present
    Adv. Jain for defendant no. 4 is present.
    Heard argument of adv. of applicant and plaintiff.
    Matter is NT.
    Earlier Ad-interim order, if any be continued till next date.
    Matter is adjd. for Ch/S order to 13/01/2020 .
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 13-01-2020
    
    Date: 13-01-2020
    Business: Adv.Nooman Jafri applicant in C/S No.1106/19 is present.
    Adv. Samuel for defendant no.5 present.
    Matter is adjd. for compliance to 05/03/2020.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 05-03-2020
    
    Date: 05-03-2020
    Business: Adv. for the Plaintiff present.
    Adv. Poonam Gupta for Defendant no. 5 present.
    Board is discharged for recording evidence, hence matter is adjd. to 24.04.2020 for compliance.
    Earlier ad interim order be continued till next date.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 24-04-2020
    
    Date: 24-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: COMPLIANCE
    Next Hearing Date: 15-05-2020
    
    Date: 15-05-2020
    Business: National Lock Down
    Next Purpose: COMPLIANCE
    Next Hearing Date: 29-05-2020
    
    Date: 29-05-2020
    Business: National Lock Down
    Next Purpose: COMPLIANCE
    Next Hearing Date: 16-06-2020
    
    Date: 16-06-2020
    Business: national lock down
    Next Purpose: COMPLIANCE
    Next Hearing Date: 21-10-2020
    
    Date: 21-10-2020
    Business: Due to lockdown because of Covid-19, board is discharged and as per SOP only urgent matters are taken up.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 21-01-2021
    
    Date: 21-01-2021
    Business: None for plaintiff.
    Adv. Chandramore for the defendants no.1 and 2.
    Adv. Mr. Trivedi for the defendant no.5.
    Matter is adjd. to 09/03/2021 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 09-03-2021
    
    Date: 09-03-2021
    Business: Adv. Mr. Kaustubh Raut  for the plaintiff
    Adv. Chandramore for the defendants No.1 and 2.
    Adv. Mr. Trivedi for the defendant No.5.
    As per order dated 13/01/2020 in Ch/s No.1106/2019, permission was granted to the plaintiff to carry out amendment in the plaint in terms of prayer clause (a) and  (b). Despite extension of time by order dated 05/03/2020, the plaintiff has failed to carry out amendment in the plaint. The plaintiff has thus failed to comply with the order for more than one year. So, the request of the advocate for  the plaintiff for further extension of time to comply with the order dated  13/01/2020 in Ch/s No.1106/2019 cannot be considered.
    Matter is adjd. to 27/04/2021 for passing dismissal order.
    Next Purpose: DISMISSAL
    Next Hearing Date: 27-04-2021
    
    Date: 27-04-2021
    Business: due to covid-19
    Next Purpose: DISMISSAL
    Next Hearing Date: 29-06-2021
    
    Date: 29-06-2021
    Business: due to covid-19
    Next Purpose: DISMISSAL
    Next Hearing Date: 03-08-2021
    
    Date: 03-08-2021
    Business: Adv. Mr. Prashant Kulkarni for the plaintiff present.
    ADV. Chandramore for defendants No.1 and 2 present.
    Draft Ch/s along with affidavit in support of Ch/s tendered by advocate for the plaintiff. O-  Leave to register Ch/s is granted.
    Matter is adjd. to 16/09/2021 for tendering registered Ch/s.
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 16-09-2021
    
    Date: 16-09-2021
    Business: Adv Kaustubh Raut h/f adv. Anita Parab present for plaintiff and filed registered Chs. no. 906/21 @ affidavit. t.o.r. and he also filed affidavit of service.
    Adv for defendant.
    Matter adjourned for chs. reply to. 29/10/21.
    Next Purpose: C/S REPLY
    Next Hearing Date: 29-10-2021
    
    Date: 29-10-2021
    Business: Court busy in dictating order and hearing  arguments in Ad-interim matters. Therefore, board is discharged.
    Adv. Hajare for defendant/BMC present.
    Matter is adjd. to 09/12/2021 for Ch/s reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 09-12-2021
    
    Date: 09-12-2021
    Business: Adv Kaustubh Raut present for the plaintiff.
    Adv Chandramore present for the corporation.
    KB
    LO
    ORDER
    The CS is taken out bringing the legal heirs of deceased plaintiff on record. There is delay of 39 days. The suit is instituted for declaration in which substantial rights of the plaintiff are involved. IT is stated that due to the pandemic legal heirs could not brought on record within time.
    Defendant has filed reply and objected the application.
    In the above circumstances, the CS is allowed. Legal heirs of Plaintiff to carry out amendment with in time. No order as to cost. CS No.906/21 is disposed of accordingly.
    Matter is adjd. to 23.12.2021 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 23-12-2021
    
    Date: 23-12-2021
    Business: As Court is busy in hearing arguments in other matter on board. Hence, board is discharged.
    Matter is adjd. to 08.03.2022 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 08-03-2022
    
    Date: 08-03-2022
    Business: Adv. Koustubh Raut for Plff. present.
    Adv. Hajare for Corporation present.
    Ld. Adv. for Plff. submits that he has carried out amendment as per order in Ch/s No. 906/21. Hence matter is adjd. for filing of copies of amended plaint and service of amended plaint to defendants.
    Matter is adjd. to 07-06-2022 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 07-06-2022
    
    Date: 07-06-2022
    Business: Plaintiff 1A-Ranjana Tawade, 1-B Nirmala Tawade, 1-C Amar Tawade present and they are going to withdraw the suit unconditionally.
    Adv. Kaustubh Raut I/b Adv. Anita Parab for plaintiff present and files application for withdrawal.
    Adv. Trivedi for defendant no. 5 present.
    Adv. Chandramore for BMC present.
    Adv. Dinesh Jain for defendant no. 4 present .
    Defendant nos. 4 and 5 have no objection for withdraw the suit.
    Plaintiffs are directed to file document proof of their identify.
    Matter is adjd. to 16-06-2022 for withdrawal.
    Next Purpose: WITHDRAWAL
    Next Hearing Date: 16-06-2022
    
    Date: 16-06-2022
    Business: Adv. Koustubh Raut for plaintiff present.
    Adv. Chandramore for BMC present.
    Adv. Bhandari for defendant no. 5/SRA present.
    Adv. for plaintiff filed Adhar Card for plaintiff nos. 1 to 3.
    Adv. for plaintiff filed withdrawal application on 07/06/2022  . TOR and marked as Exh. 11.
    Order
    In view of application Exh. 11 defendant no. 4 giving possession to plaintiff therefore plaintiff going to withdraw the suit unconditionally. As per the direction plaintiff produced Adhar Card of plaintiff nos. 1 to 3. Hence Plaintiff\''s suit is withdrawn.
    Order
    Permission granted to plaintiff to withdraw suit unconditionally.
    SU 1470/19 disposed off.
    N/m 2407/19 disposed off accordingly.
    Nature Of Disposal: WITHDRAWL
    Disposal Date: 16-06-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 105519/2019
    Filing Date: 08-05-2019
    First Hearing Date: 20th June 2019
    Decision Date: 16th June 2022
    Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE

    Orders

    3
    Final Order 2
    16 Jun 2022
    Order Details: Other
    Pdf Text: Adv. Koustubh Raut for plaintiff present. Adv. Chandramore for BMC present. Adv.
    Bhandari for defendant no. 5/SRA present. Adv. for plaintiff filed Adhar Card for
    plaintiff nos. 1 to 3. Adv. for plaintiff filed withdrawal application on 07/06/2022 .
    TOR and marked as Exh. 11. Order In view of application Exh. 11 defendant no. 4
    giving possession to plaintiff therefore plaintiff going to withdraw the suit
    unconditionally. As per the direction plaintiff produced Adhar Card of plaintiff nos.
    1 to 3. Hence Plaintiff&amp#039s suit is withdrawn. Order Permission granted
    to plaintiff to withdraw suit unconditionally. SU 1470/19 disposed off. N/m
    2470/19 disposed off accordingly.
    -- 1 of 1 --
    Interim Order 1Full order available
    13 Jan 2020

    Order Details: Chamber summons Pdf Text: 1 Chamber Summons No.1106/2019 in L.C. Suit No.1470/2019 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY Chamber Summons No.1106 of 2019 (CNR NO. MH CC010060672019) In L.C. SUIT No.1470 OF 2019 Keshav Vitthal Tawde ….Plaintiff V/s. The Municipal Corporation of Gr. Mumbai & ors. ....Defendants And Mrs. Sharda Suresh Tawde & Ors. ….Applicants Appearance: Ms. Renuka Kavedia, Advocate for the plaintiff. Mr. Noman Jafri, Advocate for the applicants. CORAM : HER HONOUR JUDGE JAYSHRI…

    Read Full Order
    Order 1Full order available
    13 Jan 2020

    Order Details: Chamber summons Pdf Text: 1 Chamber Summons No.1106/2019 in L.C. Suit No.1470/2019 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY Chamber Summons No.1106 of 2019 (CNR NO. MH CC010060672019) In L.C. SUIT No.1470 OF 2019 Keshav Vitthal Tawde ….Plaintiff V/s. The Municipal Corporation of Gr. Mumbai & ors. ....Defendants And Mrs. Sharda Suresh Tawde & Ors. ….Applicants Appearance: Ms. Renuka Kavedia, Advocate for the plaintiff. Mr. Noman Jafri, Advocate for the applicants. CORAM : HER HONOUR JUDGE JAYSHRI…

    Read Full Order

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