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SUIT - SHORT CAUSE CIVIL SUIT

Mohammed Afzal Zikkar BagsaryaVsMCGM +1 more

CNR MHCC0100530020195-COURT 05 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 17th February 2024

TrustJury record updated 20 Sept 2026

Case Overview

Registration Number
101304/2019
Registration Date
28 May 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    Hindu Marriage Act · Sec 34 and 36

    Case History / Proceedings

    Case History
    Date: 11-06-2019
    Business: Adv.Rajnish Dubey for plaintiff present.
    Adv.Mrs.Rawade for defendant/MCGM present.
    Leave granted to register notice of motion.
    Matter adjd to 25.06.2019 for NM reply.
    Next Purpose: REPLY
    Next Hearing Date: 25-06-2019
    
    Date: 25-06-2019
    Business: P.O. is on leave.
    Adv. Rawade for BMC.
    Matter adjd to 09.07.2019 for reply
    Next Purpose: REPLY
    Next Hearing Date: 09-07-2019
    
    Date: 09-07-2019
    Business: P.O. is on Training programme at uttan, Hence Board is discharged
    Next Purpose: REPLY
    Next Hearing Date: 13-08-2019
    
    Date: 13-08-2019
    Business: Adv.Dubey for plaintiff Present.
    Earlier order to continue till the next date.
    Adjd to 29/08/2019 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 29-08-2019
    
    Date: 29-08-2019
    Business: Adv. V.K. Tiwari for plaintiff present.
    Adv. Smt. Rawade for defendant/MCGM present.
    Matter adjd to 21-09-2019 for written statement.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 21-09-2019
    
    Date: 21-09-2019
    Business: Plaintiff absent and Adv. Mr. A. A. Pande present.
    Adv. Mrs. Dhuri with Adv. Shine for defendant/MCGM present.
    Adv. For plaintiff filed original notice of motion no. 1304/2019 alongiwth affidavit t.o.r. Order-Filed.
    Advocate for defendant/corporation file additional affidavit in reply in notice of motion no. 2194/2019. Order-Filed.
    Adv. For defendant/corporation filed list of documents
    Earlier order if any to continue till the next date.
    Matter adjd to 26/09/2019 for hrg.
    Next Purpose: HEARING
    Next Hearing Date: 26-09-2019
    
    Date: 26-09-2019
    Business: Plaintiff absent and Adv. Mr. A. A. Pande present.
    Adv. Mrs. Rawade  for defendant/MCGM present.
    At the request of Adv. For plaintiff last chance is granted for filling rejoinder.
    Earlier order if any to continue till the next date.
    Matter adjd to 01/10/2019 for rejoinder.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 01-10-2019
    
    Date: 01-10-2019
    Business: Plaintiff absent and Adv. Mr. A. A. Pande present and filed rejoinder on notice of motion t.o.r.
    Adv. Mrs. Dhuri  for defendant/MCGM present.
    Earlier order if any to continue till the next date.
    Matter adjd to 17/10/2019 for hrg.on n.m
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-10-2019
    
    Date: 17-10-2019
    Business: Adv. Mr. A.A. Pande for plaintiff present.
    Adv. Mr. Gajanan Shinde a/w Adv. Mrs. Meena Dhuri for defendant / MCGM present.
    Earlier order if any to continue till the next date.
    Matter is adjd to 22.10.2019 for arguments on NM.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 22-10-2019
    
    Date: 22-10-2019
    Business: Plaintiff and advocate are absent.
    Adv. Mr. Gajanan Shinde for defendant/  MCGM present.
    Heard arguments.
    L. O. at 03 05 p.m.
    Adv. Mr. Shrivastav for plaintiff present.
    Earlier order if any to continue till the next date.
    Matter is adjd to 23.10.2019 for arg.of plaintiff.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 23-10-2019
    
    Date: 23-10-2019
    Business: Plaintiff absent and Adv. Mr. Pande present.
    Adv. Mr. Patil  for defendant/MCGM present.
    Heard arguments.
    Earlier order if any to continue till the next date.
    Matter adjd to 06/11/2019 for Order On n.m.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 06-11-2019
    
    Date: 06-11-2019
    Business: Plaintiff absent and Adv. Mr. Dubey present.
    Adv. Mr. Gajanan Shinde alongwith Adv. Mrs. Tondwalkar  for defendant/MCGM present.
    Earlier order if any to continue till the next date.
    Matter adjd to 08/11/2019 for order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 08-11-2019
    
    Date: 08-11-2019
    Business: Plaintiff and Adv. Absent.
    Adv. Mr. Gajanan Shinde  for defendant/MCGM present.
    F. R. S. R Following order is passed on Notice of Motion no. 2194/2019 .-
                                 O R D E R
    The  Notice of Motion no. 2194/2019 is dismissed.
    Matter adjd to 17/12/2019 for W/st.
    Next Purpose: WITHDRAWAL
    Next Hearing Date: 17-12-2019
    
    Date: 17-12-2019
    Business: Plaintiff and Adv. Shobet Shukla for plaintiff present.
    Adv. Gajanan Shinde a/w Adv. Mrs.Rawde for defendant MCGM Present.
    NM Reply treated as W/s.
    Matter adjd to 10.03.2020 for framing issues .
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 10-03-2020
    
    Date: 10-03-2020
    Business: wrongly on today\''s board.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 11-03-2020
    
    Date: 11-03-2020
    Business: On last roznama matter was wrongly posted to 10/03/2020
    (Holi Festival Holiday).
    N. O. B. T. O. B.
    Plaintiff and Adv. absent.
    Adv. Mr.Suryavanshi/Nandanwar for MCGM/deft present.
    Matter is adjd to 11/06/2020 for framing issue.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 11-06-2020
    
    Date: 11-06-2020
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 20-07-2020
    
    Date: 20-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 29-08-2020
    
    Date: 29-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 29-09-2020
    
    Date: 29-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 26-10-2020
    
    Date: 26-10-2020
    Business: Plaintiff and adv absent.
    Adv Nandanvar for MCGM/defendant present.
    Exh.8 - Issues framed.
    Matter adjourned for R/E to 8/12/2020.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 08-12-2020
    
    Date: 08-12-2020
    Business: None present for plaintiff.
    Adv Smt.Rawade present for defendant/MCGM.
    Matter adjourned for RE to 20.01.2021.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 20-01-2021
    
    Date: 20-01-2021
    Business: Court is on CSIC Training.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 23-02-2021
    
    Date: 23-02-2021
    Business: Adv Dubey present for plaintiff and sought adjournment.
    Adv Rawade present for MCGM/defendant.
    Matter adjourned for evidence of plaintiff to 08.04.2021.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 08-04-2021
    
    Date: 08-04-2021
    Business: As court is busy in dictating the Order on NM No. 89/2021 and NM 524/2021, The board is discharged.
    Matter adjourned for
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 22-06-2021
    
    Date: 22-06-2021
    Business: Adjourned due to Covid 19.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 05-08-2021
    
    Date: 05-08-2021
    Business: Adv. absent for plaintiff.
    Adv. Sutar present  for MCGM/defendant.
    Matter adjourned for  RE to. 18/09/2021
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 18-09-2021
    
    Date: 18-09-2021
    Business: As presiding officer is on leave, hence matter is adjourned to
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 30-11-2021
    
    Date: 30-11-2021
    Business: adv. dubey Present For Plaintiff and sought adjournment.
    Adv. Sutar @ adv. shinde present for MCGM/defendant.
    Matter adjourned for RE to. 27/01/22.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 27-01-2022
    
    Date: 27-01-2022
    Business: In view of the office order no. 07/2022 dated. 07/01/22 of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06/01/22 of Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge of COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s. Hence, matter is adjourned to
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 29-03-2022
    
    Date: 29-03-2022
    Business: As Court is on leave.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 14-06-2022
    
    Date: 14-06-2022
    Business: As presiding officer is on leave. Hence, matter is adjourned to
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 02-08-2022
    
    Date: 02-08-2022
    Business: The Court is busy in judgment dictating in Suit No. 343/2010 and dictating orders in Suit No.1266/2011, Suit No.8310/2022 hence, for want of time board is discharged.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 22-09-2022
    
    Date: 22-09-2022
    Business: None for Plaintiff.
    Adv. Mr. Bibhishan Sutar for MCGM/ defendant  present.
    Matter is adjd for RE on 01-12-2022
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 01-12-2022
    
    Date: 01-12-2022
    Business: P.O. is on leave.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 31-01-2023
    
    Date: 31-01-2023
    Business: As Court is busy in High Court Time Bound matter i.e. Suit No. 1246 of 2013. Hence want of time board is discharged.
    Matter is adjd for RE on 15-04-2023
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 15-04-2023
    
    Date: 15-04-2023
    Business: Adv.  Dubey for plaintiff.
    Adv. Vyavahare @ Adv. Rawade present for MCGM/defendant.
    On oral request made by advocate for plaintiff short adjournment is granted as a last chance.
    Matter adjourned for R/E on 11-07-2023.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 11-07-2023
    
    Date: 11-07-2023
    Business: Adv. Shobhit Shukla h/f Adv. A. R. Pande for Plaintiff present.
    Adv. Shinde along with Adv. Ms. Rawade for MCGM present.
    On oral request of Ld. Adv. For plaintiff matter is adjourned.
    Matter is adjd  to 12.09.2023 for evidence.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 12-09-2023
    
    Date: 12-09-2023
    Business: Adv. Deepanjali Mishra h/f Adv. A. R. Pande for plaintiff present.
    Adv. Gajanan Shinde along with Adv. Ms. Rawade for MCGM present.
    On oral request of Ld. Adv. For plaintiff matter is adjourned.
    Matter is adjd  to 07.11.2023 for evidence.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 07-11-2023
    
    Date: 07-11-2023
    Business: Adv. Dipanjali mishra h/f Adv. A. R. Pande for plaintiff is present.
    Adv. Vyavhare is present for B. M. C.
    Last chance is granted.
    Matter is adjd  to 16-12-2023 for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 16-12-2023
    
    Date: 16-12-2023
    Business: Adv. Deepanjali h/f Adv. A. R. Pande for Plaintiff present.
    Adv. Gajanan Shinde h/f Adv.  Vidya Vyavahare for defendant/MCGM present.
    On oral request of Ld. Adv. For plaintiff matter is adjourned.
    Matter is adjd  to 06.02.2024 for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 06-02-2024
    
    Date: 06-02-2024
    Business: Adv. Deepanjali h/f Adv. A. R. Pande for Plaintiff present.
    Adv. Gajanan Shinde a/w Adv. Ms. Rawade for MCGM present.
    On oral request of Ld. Adv. For plaintiff matter is adjourned.
    Matter is adjd  to 17.02.2024 for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 17-02-2024
    
    Date: 17-02-2024
    Business: None for Plaintiff.
    Adv. Gajanan Shinde alongwith Adv.Rawade for BMC.
    K.B.
    L. O. at 12.37 PM.
    Today also the plaintiff and his advocate absent. In this  Case issues were framed on 26/10/2020. However in view of absence of plaintiff on 07/11/2023 suit came to be adjourned in the caption of dismissal.  Since last several dates matter is proceeding in the caption of dismissal and on oral request of plaintiff, matter being adjourned in the caption of dismissal. However till this date, nobody turned up on behalf of plaintiff. Matter is  pending since 2019. Thus considering these circumstances, there will be no propriety by keeping the case in abeyance. Hence following order is passed :
    order
    1) Suit stands dismissed in default.
    2) L. C. Suiit no. 1304 of 2019 stands disposed off accordingly.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 17-02-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 105780/2019
    Filing Date: 28-05-2019
    First Hearing Date: 11th June 2019
    Decision Date: 17th February 2024
    Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    17 Feb 2024
    Order Details: Other
    Pdf Text: 17.02.2024 CORAM: SHRI R. M. MISHRA, ADDL. SESSIONS JUDGE C.R.NO.5
    SU. 1304/19 None for Plaintiff.
    Adv. Gajanan Shinde alongwith Adv.Rawade for BMC.
    K.B.
    L. O. at 12.37 PM.
    Today also the plaintiff and his advocate absent. In this Case issues
    were framed on 26/10/2020. However in view of absence of plaintiff on
    07/11/2023 suit came to be adjourned in the caption of dismissal.
    Since last several dates matter is proceeding in the caption of dismissal
    and on oral request of plaintiff, matter being adjourned in the caption of
    dismissal. However till this date, nobody turned up on behalf of
    plaintiff. Matter is pending since 2019. Thus considering these
    circumstances, there will be no propriety by keeping the case in
    abeyance. Hence following order is passed :
    order
    1) Suit stands dismissed in default.
    2) L. C. Suiit no. 1304 of 2019 stands disposed off accordingly.
    Judge
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