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SUIT - SHORT CAUSE CIVIL SUIT

Abdul Latif Umar HawaldarVsMCGM

CNR MHCC01004955201911-COURT 11 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 09th September 2023

TrustJury record updated 20 Sept 2026

Case Overview

Registration Number
101349/2019
Registration Date
10 Jun 2019

Advocates

1

For Respondent

    Not available

    Parties

    2

    Respondent

    1. 1MCGM

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 39

    Case History / Proceedings

    Case History
    Date: 15-06-2019
    Business: As Court is on half day leave. Board is discharged.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 11-07-2019
    
    Date: 11-07-2019
    Business: Advocate V.T.Dubey for plaintiff present and sought leave to register the NM. Leave is granted.
    Advocate Ms.Mhatre for defendant/MCGM present.
    The case is adjourned to 20.08.2019  for  NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 20-08-2019
    
    Date: 20-08-2019
    Business: Advocate N.K.Dubey h/f adv. V.T.Dubey for plaintiff present.
    Advocate Ms. Mhatre  for defendant/MCGM present.
    Adv.Sandesh Mane h/f adv. J.P.Thakkar for applicant present and filed draft chamber summons along with affidavit in support. T.O.R. Leave is granted to register Chamber Summons.
    Adv. for applicant filed vakalatnama TOR and marked as Exh. 2
    The case is adjourned to 04.11.2019  for Chamber Summons reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 05-09-2019
    
    Date: 05-09-2019
    Business: NOB TOB
    Advocate V.T.Dubey for plaintiff present.
    Advocate Ms. Mhatre  for defendant/MCGM present.
    Matter referred to Lok-Adalat dated 14.09.2019.
    The case is adjourned to 04.11.2019  for Chamber Summons reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 04-11-2019
    
    Date: 04-11-2019
    Business: Advocate V.T.Dubey for plaintiff present and filed original Notice of Motion No.2706/19 along with affidavit in support of Notice of Motion. T.O.R.
    Advocate Giri for defendant/MCGM present.
    Advocate Sandesh Mane h/f adv. Thakkar for applicant present and filed original Chamber Summons No. 1602/19 along with affidavit in support of Chamber Summons. T.O.R.
    Copy served on advocate for plaintiff.
    The case is adjourned to 06.01.2020  for Chamber Summons reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 06-01-2020
    
    Date: 06-01-2020
    Business: Adv. Mr. V.T. Dubey for plaintiff, prayed for adjd to file reply.
    Adv. Mrs. Tondawalkar for deft./MCGM present.
    Adv. Mr.Nandesh Manek h/f adv.Thakkar for applicant present.
    Matter is adjd. for NM reply on 05.02.2020.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 05-02-2020
    
    Date: 05-02-2020
    Business: Adv. Mr. Rashid Ansari h/f V.T. Dubey for plff., prayed for adjd
    Adv. Mrs. Tondawalkar for deft./MCGM present.
    Adv. Mr. Nandesh Manik h/f adv. Thakaar for applicant present, submits that four dates are over, ch/s was served in August, 2019.
    Plff to submit reply, positively on next date.
    Matter is adjd. for NM reply on 18.02.2020.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 18-02-2020
    
    Date: 18-02-2020
    Business: Adv. Mr. Rashid Ansari for plff present.
    Adv. Mrs. Tondwalka for deft./MCGM, prayed for time to file reply.
    Matter is adjd for NM reply on 16.06.2020.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-06-2020
    
    Date: 16-06-2020
    Business: Due to Covid -19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 27-08-2020
    
    Date: 27-08-2020
    Business: adjd.to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 28-10-2020
    
    Date: 28-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 18-01-2021
    
    Date: 18-01-2021
    Business: Adv. Mr. V.T. Dubey for plaintiff present.
    Adv. Ms. Mhatre for deft./MCGM present and requested short time to file reply.
    Matter is adjd. for reply to 10.03.21.
                                                                                   Judge
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 10-03-2021
    
    Date: 10-03-2021
    Business: Adv. Mr. V. T. Dubey  for plaintiff present and requested short time to file reply to ch/s.
    Adv. Ms. Mhatre for deft./MCGM present.
    Adv. Mr. Nandesh Manek for applicant is present.
    Matter is adjourned for ch/s reply as a last chance to 05.04.21.
                                                                                   Judge
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 05-04-2021
    
    Date: 05-04-2021
    Business: None present for plaintiff.
    Adv. Ms. Mhatre for deft./MCGM present.
    Matter is adjourned for NM hearing to 30.06.21.
                                                                                   Judge
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 30-06-2021
    
    Date: 30-06-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 15-09-2021
    
    Date: 15-09-2021
    Business: Court is Vacant. Matter adj. to next date.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 08-11-2021
    
    Date: 08-11-2021
    Business: Court is Vacant. Matter is adj. to next date.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 15-12-2021
    
    Date: 15-12-2021
    Business: Adv. Mr. V.T. Dubey for plaintiff is present.
    Adv. Mr. Khandagale for Defendant/MCGM is present.
    Adv. for the defendant orally requested for time to file NM and C/S reply.
    LO at 4.02 pm.
    Adv. Ms. Punita Arora for applicant is present and she tendered VP.
    Adjourned for  NM and C/S reply to 23/02/2022.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 23-02-2022
    
    Date: 23-02-2022
    Business: Adv. Ms. Vijayarani Prasad for plaintiff is present and orally requested for time to file Ch/s reply. Sufficient time is already granted, hence, the request is discarded.
    Adv. Ms. Punita Arora for applicant is present.
    Adv. Mr. Khandagale for defendant/MCGM is present and orally requested for time to file Ch/s reply. Sufficient time is already granted, hence, the request is discarded.
    Adjourned for No Ch/s reply order to 18.04.2022.
    Next Purpose: C/S REPLY
    Next Hearing Date: 18-04-2022
    
    Date: 18-04-2022
    Business: H.H.J. gone to training, hence matter adjourned to 01-07-2022.
    Next Purpose: C/S REPLY
    Next Hearing Date: 01-07-2022
    
    Date: 01-07-2022
    Business: Adv. Mr. N.K. Dubey for the plaintiff is present and orally requested for time to file Ch/s reply. Sufficient time is already granted. Hence, the suit is proceeded without Ch/s reply.
    Adv. Ms. Punita Arora for the applicant is present.
    Adv. Mr. Khandagale for defendant/MCGM is present and endorsed say on Ch/s No. 1602/2019.
    Heard both the sides on Ch/s No. 1602/2019.
    Adjourned for Ch/s Order to 13.07.2022.
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 13-07-2022
    
    Date: 13-07-2022
    Business: Adv. V.T. Dubey is present for plaintiff.
    Adv. Punita Arora i/b Arora & Co. for the applicant in Ch/s.
    Adv. Mr. Khandagale for defendant/MCGM is present.
    F.R.S.R. following order is passed on Ch/s No. 1602/2019:
                                        ORDER
    (i).	Chamber Summons No. 1602/2019 stands dismissed.
    (ii).    Chamber Summons No. 1602/2019, is, accordingly, 	disposed of.
    On oral request of the advocate for the plaintiff, the matter is referred to Lok-Nyayalaya and E-form is submitted by both the parties.
    Adjourned for NM hearing/Lok-Nyayalaya to 13.08.2022.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 13-08-2022
    
    Date: 13-08-2022
    Business: NATIONAL LOK ADALAT HELD ON 13-08-2022 (PANEL-VII)
    Matter pertains to CR No.11
    plaintiff absent.
    Adv Dubey for plaintiff present.
    Adv. Khandagale for defendant/BMC present.
    Officer Nilesh Sawant, Jr. Engg. (B &F) L ward is present.
    Matter adjd to 21-09-2022.
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 21-09-2022
    
    Date: 21-09-2022
    Business: Adv. V.T. Dubey for the plaintiff is present.
    Adv. Khandagale for defendant/MCGM is present and orally requested for time to file NM reply and WS and to ensure presence of concerned Officer, as this a DPL suit. The defendant is called upon to secure presence of the Concerned Officer on the next date. In default, the suitable Order to follow.
    Adjourned for NM reply and WS/steps (L.N) to 25.11.2022.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-10-2022
    
    Date: 17-10-2022
    Business: NOB TOB. None present for plaintiff. Adv. Mr. Khandagale for defendant/MCGM is present. Matter is referred to National Lok-Adalat as there is a possibility of settlement in the matter. Both parties are directed to remain present before National Lok-Adalat will be held on 12.11.2022 at 10.00 am. Issue notice to the both parties to remain present before National Lok-Adalat.
    Adjourned for National Lok-Adalat to 12.11.2022.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 12-11-2022
    
    Date: 12-11-2022
    Business: NATIONAL LOK ADALAT HELD ON 12.11.2022 (PANEL-VII)
    Matter pertains to CR No.11
    Plaintiff present
    Adv. V.T. Dubey for plaintiff present.
    Shri Kandangale for defendant/BMC present.
    Shri Dattatray  Patil, L Ward,  Sub Engineer for BMC present.
    Keep back
    L.O.  2.11 p.m.
    Plaintiff and his advocate are absent.
    Shri Kandangale for defendant/BMC present.
    Shri Dattatray  Patil, L Ward,  Sub Engineer for BMC present.
    Settlement not arrived at.
    Matter posted before regular Court.
    Matter is adjd to 12.12.2022
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 12-12-2022
    
    Date: 12-12-2022
    Business: Adv. Mr. V.T. Dubey for the plaintiff is present.
    Adv. Mr. Khandagale for defendant/MCGM is present and orally requested for time to file NM reply. Granted as a last chance.
    Adjourned for NM reply and WS (LN) to 25.01.2023.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 25-01-2023
    
    Date: 25-01-2023
    Business: Adv. Ms. Prasad h/f Adv. Dubey for the plaintiff is present.
    Adv. Mr. S.C. Khandagale for defendant/MCGM is present and  requested for time to file NM reply and WS. He requested for time to verify the updates. The concerned Officer is directed to remain present to make this statement in this behalf.
    Adjourned for NM reply and WS (LN) to 06.02.2023.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 06-02-2023
    
    Date: 06-02-2023
    Business: PO is on leave
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 05-04-2023
    
    Date: 05-04-2023
    Business: PO is on leave
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 07-06-2023
    
    Date: 07-06-2023
    Business: P. O. is on leave
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 14-08-2023
    
    Date: 14-08-2023
    Business: Adv. Ms. Prasad for the plaintiff is present.
    Adv. Mr. G.O. Giri for defendant/MCGM is present.
    By concent of the parties, the matter is referred to ensuing Lok-Adalat and issuance of separate notices is dispensed with.  Adjourned for Lok-adalat to 09.09.2023.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 09-09-2023
    
    Date: 09-09-2023
    Business: Grand son of the plaintiff Mr. Altamas Hawaldar is present in person.
    Adv. Mr. V.T. Dubey for the plaintiff is present.
    Adv. Mr. Giri for defendant/BMC present.
    Mr. Rohan Rmesh Tari, JE, is present and made the statement that as of now, the defendant is not proceeding the suit notice and he would initiate action against the structure in future, by following due process of law. His statement is taken on record. Accordingly, the advocate for the plaintiff filed pursis for withdrawal of the suit. TOR. It is marked at Exh. 4. O- Pursis is seen and filed. Suitable Order is followed below Exhibit 1.
    Order below Exhibit 1:
         In view of statement of the concerned Officer and the pursis (Exh.4), the suit stands disposed of as withdrawn unconditionally by the plaintiff. All the pending applications, along-with NM No. 2706/2019 are, therefore, filed. The parties to bear costs of this suit. Bill of costs be drawn-up accordingly.
    
    After expiry of the Appeal period, the Original documents filed on record be returned to the respective parties, on their submitting its certified copies, if the documents are exhibited, or self-attested true copies, if the documents are not exhibited, along-with undertaking to furnish the originals as and when required by the Court. The concerned Department to do the needful. The proceeding is closed.
    Nature Of Disposal: WITHDRAWL
    Disposal Date: 09-09-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 105524/2019
    Filing Date: 08-05-2019
    First Hearing Date: 15th June 2019
    Decision Date: 09th September 2023
    Court Number And Judge: 11-COURT 11  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    09 Sept 2023

    Order Details: Other Pdf Text: 09.09.2023 Sr. No.30 SU 1349/19 NM 2706/19 Exh.4 NATIONAL LOK ADALAT HELD ON 09.09.2023 (PANEL- VI) Matter pertains to CR No.11 Grand son of the plaintiff Mr. Altamas Hawaldar is present in person. Adv. Mr. V.T. Dubey for the plaintiff is present. Adv. Mr. Giri for defendant/BMC present. Mr. Rohan Rmesh Tari, JE, is present and made the statement that as of now, the defendant is not proceeding the suit notice and he would initiate…

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