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SUIT - SHORT CAUSE CIVIL SUIT

Mehmooda Sahajan ShaikhVsThe Assistant Municipal Commissioner

CNR MHCC0100551220194-COURT 04 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 19th April 2025

TrustJury record updated 20 Sept 2026

Case Overview

Registration Number
101333/2019
Registration Date
07 Jun 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    2
    Protection of Women from Domestic Violence Act · Sec Order 39 · Rule 4

    Case History / Proceedings

    Case History
    Date: 02-08-2019
    Business: Court is on leave. Hence, matter is adjd. to next date.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 07-10-2019
    
    Date: 07-10-2019
    Business: None for plaintiff.
    Issue writ of summons to deft. for answering the claim and for filing WS.
    Adjd to 27-01-2020  for Service
    Next Purpose: SERVICE
    Next Hearing Date: 27-01-2020
    
    Date: 27-01-2020
    Business: Adv.Bommer  for plaintiff present and tendered draft NM along with affidavit in support.  Leave to register is granted.
    Copies are already served.
    Matter adjd to 06.03.2020 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 06-03-2020
    
    Date: 06-03-2020
    Business: Adv.Bommer for plaintiff present.
    Adv. Khandagle for MCGM/Deft. present.
    On oral request of advocate for Defendant, adjournment granted as last chance.
     Matter adjd to 29.06.2020 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 29-06-2020
    
    Date: 29-06-2020
    Business: Adjd to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 07-09-2020
    
    Date: 07-09-2020
    Business: Adjd to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 04-11-2020
    
    Date: 04-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 25-01-2021
    
    Date: 25-01-2021
    Business: None for plaintiff.
    Adv. Khandagle for deft/MCGM present and requests for time to file reply to NM. Time is granted till next date.
    Plaintiff is directed to register the NM till next date.
    Matter adjd to 31/03/2021 for NM Reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 31-03-2021
    
    Date: 31-03-2021
    Business: None for plaintiff.
    Adv. Khandagle for deft/MCGM present and requests for time to file reply to NM. Time is granted till next date.
    Plaintiff is directed to register the NM till next date.
    Matter adjd to 21/06/2021 for NM Reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 21-06-2021
    
    Date: 21-06-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 03-09-2021
    
    Date: 03-09-2021
    Business: None for plaintiff.
    Adv. Mrs. Tondwalkar for Defendant/MCGM is present and requests for time to file reply to NM. Time is granted till next date.
    Adjd. To 13/10/2021 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 13-10-2021
    
    Date: 13-10-2021
    Business: As Court is busy in hearing urgent Ad-interim matter and dictating orders on   Ad-interim reliefs of CR NO.08 and CR NO.11,  board is discharged and matter is adjourned.
    Adjd. To 20/12/2021 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 20-12-2021
    
    Date: 20-12-2021
    Business: None for plaintiff.
    Adv. Mrs. Tondwalkar for Defendant/MCGM is present and seeks time to file reply to NM. Time is granted till next date.
    Matter is adjd to 16/03/2022 for Nm reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-03-2022
    
    Date: 16-03-2022
    Business: None for Plaintiff present.
    Adv Mrs Tondwalkar for defendant / MCGM is present and seeks time to file reply to NM. Time is granted till next date.
    Adjd. To 27/06/2022 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 27-06-2022
    
    Date: 27-06-2022
    Business: None for plaintiff.
    Adv. Mrs. Tondwalkar for defendant/ MCGM is present and requested time to file reply on N/M. Time is granted till next date.
    Adjd. to 22/08/2022 for N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 22-08-2022
    
    Date: 22-08-2022
    Business: None for Plaintiff.
    Adv. Mrs. Tondwalkar for defendant/ BMC is present and filed NM reply cum W.S. and list of documents, t.o.r. and marked as Exh.2   and Exh.3 respectively. Copies for plaintiff kept in R and P.
    Adjd. to 23/09/2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-09-2022
    
    Date: 23-09-2022
    Business: None for plaintiff.
    Adv. Mrs. Tondwalkar for defendant/ BMC is present.
    Adjd. to 11/11/2022 for N/M hrg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-11-2022
    
    Date: 11-11-2022
    Business: None for plaintiff and N/M is pending since long for hearing. Hence, matter is kept for N/M dismissal.
    Adv. Mrs. Tondwalkar for defendant/ BMC is present.
    Adjd. to 14/12/2022 for N/M dismissal.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 14-12-2022
    
    Date: 14-12-2022
    Business: Court is busy in urgent hearing, board is discharged.
    Adjd. to 06/03/2023 for N/M dismissal.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 06-03-2023
    
    Date: 06-03-2023
    Business: As Court is busy in urgent N/M hearing and dictating orders in Ch/S, board is discharged.
    Adjd. to 03/04/2023 for N/M dismissal.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 03-04-2023
    
    Date: 03-04-2023
    Business: Adv. Bommer for plaintiff is present and submitted that plaintiff is not contacting him as such he is going to withdraw V/P on next date if plaintiff not contacted him. Hence adjourned on request.
    Adv. for plaintiff received copies of NM reply and list of documents.
    Adjd. To 12/06/2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-06-2023
    
    Date: 12-06-2023
    Business: Court is on leave
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-07-2023
    
    Date: 21-07-2023
    Business: None for the Plff.
    Advocate Suryavanshi for defendants/BMC present.
    Due to heavy rain without passing adverse order, matter adjourned for NM hearing
    Adjd.to 28/08/2023 for NM Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-08-2023
    
    Date: 28-08-2023
    Business: None present for plaintiff.
    Advocate Suryavanshi for defendant/BMC present.
    Suit is of year 2019. NM is pending since many dates for hearing. Adv for def/BMC submitted that this  matter pertains to PAP tenement and plaintiff is not  arguing NM. Therefore he  prayed for dismissal of NM. On perusal of roznama it appears that since long plaintiff not remains present. Therefore suit was kept for dismissal of NM. However on 03.04.2023 adv Boomer for plaintiff submitted that plaintiff is not contacting him and he is going the withdraw the VP. Hence, matter adjourned to 12.06.2023 however since then none appeared for the plaintiff. Hence matter adjourned and kept for dismissal of NM.
    Adjd to 16.09.2023  for NM dismissal
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 16-09-2023
    
    Date: 16-09-2023
    Business: adjourned
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 21-10-2023
    
    Date: 21-10-2023
    Business: None for plaintiff
    Adv. Mrs. Mhatre h/f Suryavanshi for BMC present
    When called none for plaintiff. Draft Notice of Motion is pending since 2019. The Roznama shows that the plaintiff is not appearing nor providing instructions to the advocate. Even the plaintiff has not registered Notice of Motion. Today, none for plaintiff. Hence NM is dismissed for default. Office to get registered NM for statistical purpose.
    Adjd. to 20/1/2024 for hrg. on issues.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 20-01-2024
    
    Date: 20-01-2024
    Business: None present for plaintiff
    Advocate Mhatre for defendant/BMC present.
    Adjd  to 06.04.2024  for framing issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 06-04-2024
    
    Date: 06-04-2024
    Business: Note : P. O. is nominated for Judicial officers Special Course on “Criminal Justice and Digital Forensic” at NFSU Delhi Campus for 5 days from 01.04.2024 to 05.04.2024.
    Hence matter is adjourned to  04.05.2024
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 04-05-2024
    
    Date: 04-05-2024
    Business: None present for plaintiff
    Advocate  Amar Patil h/f Suryavanshi for defendant/BMC present.
    Adjd  to  29.06.2024    for framing issues
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 29-06-2024
    
    Date: 29-06-2024
    Business: None present for plaintiff
    Advocate  Waghmare h/f Botlawar  for defendant/BMC present.
    Exh.4  - Issues
    Adjd  to   08.08.2024   for  List of witnesses and R.E.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 08-08-2024
    
    Date: 08-08-2024
    Business: None present for plaintiff
    Advocate Metakari  for defendant/BMC present.
    Keep back
    Later on 2.50 p.m
    None present for plaintiff
    Adjd  to 02.09.2024   for plaintiff evidence /R.E.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 02-09-2024
    
    Date: 02-09-2024
    Business: None present for plaintiff
    Advocate Honmane  for defendant/BMC present.
    Adjd  to 04.10.2024  for plaintiff evidence/R.E.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 04-10-2024
    
    Date: 04-10-2024
    Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
    None present for plaintiff
    Advocate  Honmane      for defendant/BMC present.
    The suit is of year 2019 and issues are framed on 29.06.2024 and matter adjourned 08.08.2024 and 02.09.2024 for plaintiff evidence. However roznama shows that neither plaintiff nor his adv remains present. hence matter adjourned and kept for dismissal of suit.
    Adjd  to  16.11.2024    for dismissal of suit.
    Next Purpose: SUIT DISMISSAL
    Next Hearing Date: 16-11-2024
    
    Date: 16-11-2024
    Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
    None present for plaintiff.
    Adv. Santosh Yadav  for defendant/BMC  present.
    As Court is busy in Targeted matter and judgment in Suit No. 1908/2016 and 1909/2016. Hence matter adjourned.
    Adjd  to  07.12.2024    for suit dismissal.
    Next Purpose: SUIT DISMISSAL
    Next Hearing Date: 07-12-2024
    
    Date: 07-12-2024
    Business: Advocate Boomer for plaintiff present and requested short date for filing evidence. Hence matter removed from dismissal of suit and adjourned for plaintiff evidence
    Advocate Honmane for defendant/BMC present.
    Adjd  to  12.02.2024  for plaintiff evidence/R.E.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 12-02-2025
    
    Date: 12-02-2025
    Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
    None present for the plaintiff to proceed with the matter. Hence, it is posted for dismissal. Adv. Ms. Sujata Puri for defendant/MCGM is present.
    Adjourned for dismissal to 19.04.2025.
    Next Purpose: DISMISSAL
    Next Hearing Date: 19-04-2025
    
    Date: 19-04-2025
    Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
    None present for the plaintiff. Adv. Mr. Swapnil Bharti h/f Adv. Ms. Sujata Puri for defendant/MCGM is present. The matter is kept back.
    Later on at 11.40 a.m
    The appearance is as above.
    Order Below Exhibit No. 01:
    	The record shows that the plaintiff is absent to proceed further with the matter since last considerable time and hence, it is posted for dismissal order. Even today, she was absent and hence, the suit was kept back for her appearance, but in vain. Nor, any stay order is communicated on record. The matter is more than 5 years old. It is, thus, clear that she is not worried to proceed further with the suit. In the result, the suit is dismissed for want of her prosecution U/O. IX, Rule 8 of the C.P.C.,1908. All the pending applications are filed. The parties to bear their own costs of litigation. Bill of costs be drawn-up accordingly.
    	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: DISMISSED IN DEFAULT
    Disposal Date: 19-04-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 106024/2019
    Filing Date: 06-06-2019
    First Hearing Date: 02nd August 2019
    Decision Date: 19th April 2025
    Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    19 Apr 2025

    Order Details: Other Pdf Text: Dt:19.04.2025 Sr. No. 6 SU 1333/19 CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04) None present for the plaintiff. Adv. Mr. Swapnil Bharti h/f Adv. Ms. Sujata Puri for defendant/MCGM is present. The matter is kept back. Later on at 11.40 a.m The appearance is as above. Order Below Exhibit No. 01: The record shows that the plaintiff is absent to proceed further with the matter since last considerable time and hence, it is…

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