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SUIT - SHORT CAUSE CIVIL SUIT

Mr. Mohammed Javed ShaikhVsMCGM

CNR MHCC01005018201811-COURT 11 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 01st October 2022

TrustJury record updated 12 Sept 2026

Case Overview

Registration Number
101113/2018
Registration Date
18 Apr 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Petitioner

    1. 1Mr. Mohammed Javed Shaikh

    Respondent

    1. 1MCGM

    Acts & Sections

    1
    Hindu Marriage Act · Sec 35 · 36

    Case History / Proceedings

    Case History
    Date: 19-04-2018
Business: Heard. Perused documents tendered by the Plaintiff alongwith the suit plaint. It appears that suit notice has been issued by the defendant on 10.04.2018 u/s 351 of the MMC Act. Further it appears that the Plaintiff has replied the notice on 12.04.2018 and till today according to the Plaintiff, the defendant has not passed the order. In the facts and circumstances, as the defendant has to act upon by following due process of law in view of guidelines issued in case of Sopan Maruti Thopate and ors V/s PMC and ors. 1996 (2) ALL MR 383, it is just to dispose of N/M with directions to the defendant. The defendant is hereby directed to consider the already submitted reply and pass speaking order as per the law and accordingly take further action. Accordingly, draft N/M stands disposed and it be registered for statistical purpose.
Matter adjd to 25.06.2018 for w.st by the Defendant.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 25-06-2018

Date: 25-06-2018
Business: Adv Upadhay h/f adv S K Dubey for plaintiff present and filed disposal NM no.1665/18 alongwith affidavit and writ of summons t.o.r.
Adv Hajare for def/BMC present.
Adjourned to 14.09.2018  for W.S.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 14-09-2018

Date: 14-09-2018
Business: AS THE COURT IS ON LEAVE TODAY HENCE BOARD DISCHARGED
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 20-10-2018

Date: 20-10-2018
Business: Court is busy in dictating judgment in suit no.2037/05, hence board is discharged and case is adjourned to 22/01/2019.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 22-01-2019

Date: 22-01-2019
Business: None present for Plaintiff.
Advocate Ms. Hajare for BMC/Deft present and sought time to file Written Statement.   Granted.
Case is adjourned to 16/04/2019 for Written Statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 16-04-2019

Date: 16-04-2019
Business: None for plaintiff
Advocate Ms. Hajare  for defendant/BMC present.
Advocate Ms. Hajare sought time, granted as last opportunity.
The case is adjourned to 09.07.2019 for Written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 09-07-2019

Date: 09-07-2019
Business: Advocate Mukesh Dubey for plaintiff present.
Advocate Ms.Mhatre for defendant/MCGM present and sought time. Time is granted.
The case is adjourned to 29.08.2019  for Written Statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 29-08-2019

Date: 29-08-2019
Business: None for plaintiff.
Advocate Ms. Mhatre for defendant/MCGM present and sought time. Time is granted.
The case is adjourned to 13.11.2019 for Written Statement
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 13-11-2019

Date: 13-11-2019
Business: Adv.  Mr. Mukesh Dube for plaintiff present.
Adv. Ms. Mhatre h/f. Adv. Hajare for deft/MCGM present,prayed for adjd to file W.S.
Matter is adjd. for W.S on 11.12.2019.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 11-12-2019

Date: 11-12-2019
Business: Adv. Mr. Mukesh Dubey for plaintiff present.
Adv.Mrs. Tondwalkar for deft./MCGM, prayed for adjd to file W.S.
Matter is adjd. for W.S. on 11.03.2020.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 11-03-2020

Date: 11-03-2020
Business: None for plaintiff.
Adv. Mrs. Mhatre for deft./MCGM, prayed for adjd to file W.S.
Matter is adjd. for W.S. on 24.06.2020.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 24-06-2020

Date: 24-06-2020
Business: Adjd. to
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 30-07-2020

Date: 30-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 05-10-2020

Date: 05-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 26-11-2020

Date: 26-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 20-02-2021

Date: 20-02-2021
Business: None present for plaintiff.
Adv. Ms. Tondwalkar for deft./MCGM present.
Matter is adjourned for W/s to 22.04.21.
                                                                               Judge
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 22-04-2021

Date: 22-04-2021
Business: Due to surge in Covid-19 matter is adjourned to next date.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 13-07-2021

Date: 13-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 26-08-2021

Date: 26-08-2021
Business: Court is vacant
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 12-10-2021

Date: 12-10-2021
Business: Court is Vacant. Matter is adj. to next date.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 08-12-2021

Date: 08-12-2021
Business: Court is on leave. Matter is adj. to next date.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 05-02-2022

Date: 05-02-2022
Business: None present for plaintiff.
Adv. Mr. Khandagale for defendant/MCGM is present and orally requested for time to file WS. Granted.
Adjourned for WS to 21.03.2022.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 21-03-2022

Date: 21-03-2022
Business: Adv. Mr. Mukesh Dueby for plaintiff is present.
Adv. Mr. Khandagale for defendant/MCGM is present and orally requested for time to file WS. Sufficient time is already granted. Hence, this request is discarded and the suit is proceeded without his WS.
Adjourned for filing affidavit of documents (No WS) to 04.07.2022.
Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
Next Hearing Date: 04-07-2022

Date: 04-07-2022
Business: Adv. Mr. Mukesh Dueby for the plaintiff is present and orally requested for time to file documents on affidavit. Granted.
Adv. Mr. Khandagale for defendant/MCGM is present.
Adjourned for R/E (No WS) to 19.08.2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-08-2022

Date: 19-08-2022
Business: Adv. Mr. Mukesh Dubey for the plaintiff is present orally requested for time to informed the plaintiff, who is not in contact.
Adv. Mr. Khandagale for defendant/MCGM is present.
Adjourned for R/E (No WS) to 01.10.2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-10-2022

Date: 01-10-2022
Business: Adv. Mukesh Dubey for the plaintiff is present. He informed that the plaintiff is not in contact and he is not interested to proceed with the matter.
Adv. Khandagale for defendant/MCGM is present.
Order below exhibit No. 01:
     Even today, the plaintiff is absent to proceed with the matter. It seems that he is absent since last considerable time, no reasons. The matter is pending for recording his evidence. No Order, staying this proceeding, is brought to notice of this Court. It is, thus, clear that the plaintiff lost his interest in the matter. Hence, the suit stands dismissed Under Order IX, Rule 8 of the CPC, 1908. The plaintiff is called upon to bear the costs of suit. Bill of costs be drawn-up accordingly. The proceeding is closed.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 01-10-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 105449/2018
Filing Date: 17-04-2018
First Hearing Date: 11th July 2018
Decision Date: 01st October 2022
Court Number And Judge: 11-COURT 11  ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1
    01 Oct 2022
    Order Details: Other
Pdf Text: 01.10.2022
Sr. No. 9
CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11)
SU 1113/18 Adv. Mukesh Dubey for the plaintiff is present. He informed that
the plaintiff is not in contact and he is not interested to proceed
with the matter.
Adv. Khandagale for defendant/MCGM is present.
Order below exhibit No. 01:
Even today, the plaintiff is absent to proceed with the matter. It
seems that he is absent since last considerable time, no reasons.
The matter is pending for recording his evidence. No Order, staying
this proceeding, is brought to notice of this Court. It is, thus, clear
that the plaintiff lost his interest in the matter. Hence, the suit
stands dismissed Under Order IX, Rule 8 of the CPC, 1908. The
plaintiff is called upon to bear the costs of suit. Bill of costs be
drawnup accordingly. The proceeding is closed.
Judge
-- 1 of 1 --
    Order 1
    01 Oct 2022
    Order Details: Other
Pdf Text: 01.10.2022
Sr. No. 9
CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11)
SU 1113/18 Adv. Mukesh Dubey for the plaintiff is present. He informed that
the plaintiff is not in contact and he is not interested to proceed
with the matter.
Adv. Khandagale for defendant/MCGM is present.
Order below exhibit No. 01:
Even today, the plaintiff is absent to proceed with the matter. It
seems that he is absent since last considerable time, no reasons.
The matter is pending for recording his evidence. No Order, staying
this proceeding, is brought to notice of this Court. It is, thus, clear
that the plaintiff lost his interest in the matter. Hence, the suit
stands dismissed Under Order IX, Rule 8 of the CPC, 1908. The
plaintiff is called upon to bear the costs of suit. Bill of costs be
drawnup accordingly. The proceeding is closed.
Judge
-- 1 of 1 --

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