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SUIT - SHORT CAUSE CIVIL SUIT

Margrat Mexi FrenandesVsThe Mumbai Municipal Corporation Through the Municipal Commissioner +2 more

CNR MHCC01005600202111-COURT 11 ADDL SESSIONS JUDGE
Fort, City Civil Court
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 16th January 2023

TrustJury record updated 02 Oct 2026

Case Overview

Registration Number
101487/2021
Registration Date
13 Aug 2021

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    4

    Acts & Sections

    1
    Specific Relief Act · Sec 37

    Case History / Proceedings

    Case History
    Date: 08-10-2021
    Business: Court is vacant, hence matter is adjd.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 29-11-2021
    
    Date: 29-11-2021
    Business: Adv. Mr. Kumbhar for Plaintiff present.
    	Adv. Mr. Khandagale for Defendant/BMC present.
    	Matter adj. to 21/01/2022 for Writ of Summons.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 21-01-2022
    
    Date: 21-01-2022
    Business: Adv. Ms. Swati Dueby for plaintiff is present.
    Adv. Mr. Khandagale for defendant/MCGM is present.
    Adv. for plaintiff orally requested time to serve the summons. Granted.
    Adjourned for writ of summons to 23.03.2022.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 23-03-2022
    
    Date: 23-03-2022
    Business: None present for plaintiff.
    Adv. Mr. Khandagale for defendant/MCGM is present.
    The plaintiff is absent to ensure due service of suit summons on the defendant. Hence, the suit is posted for dismissal order.
    Adjourned for dismissal to 29.06.2022.
    Next Purpose: DISMISSAL
    Next Hearing Date: 29-06-2022
    
    Date: 29-06-2022
    Business: None present for plaintiff.
    Adv. Mr. Khandagale for defendant/MCGM is present.
    Even today, the plaintiff is absent to proceed with the matter, by ensuring due service of summons. Hence, the matter posted for dismissal order.
    Adjourned for dismissal order to 05.08.2022.
    Next Purpose: DISMISSAL
    Next Hearing Date: 05-08-2022
    
    Date: 05-08-2022
    Business: None present for plaintiff.
    Adv. Ms. J.V. Mhatre h/f Adv.  Khandagale for defendants/MCGM is present.
    Even today, the plaintiff is absent to proceed with the matter.
    Adjourned for dismissal order to 30.09.2022.
    Next Purpose: DISMISSAL
    Next Hearing Date: 30-09-2022
    
    Date: 30-09-2022
    Business: None present for the plaintiff to proceed with the matter.
    Adv. J.V. Mhatre h/f Adv. Khandagale for defendant/MCGM is present.
    Adjourned for dismissal Order to 09.11.2022.
    Next Purpose: DISMISSAL
    Next Hearing Date: 09-11-2022
    
    Date: 09-11-2022
    Business: None present for the plaintiff to proceed with the matter.
    None present for defendant.
    Adjourned for dismissal to 16.01.2023.
    Next Purpose: DISMISSAL
    Next Hearing Date: 16-01-2023
    
    Date: 16-01-2023
    Business: None present for the plaintiff.
    Adv. Mr. S.C. Khandagale for defendant/MCGM is present.
    Order below exhibit No. 01:
         Even today, the plaintiff is absent to proceed with the matter. Though the matter is filed in the year of 2021, till date the plaintiff is absent to ensure due service of the suit summons on the defendants, even after specific direction. It seems that she is absent since last considerable time for no reasons. No Order, staying this proceeding, is brought to notice of this Court. It is, thus, clear that the plaintiff lost her interest in the matter. Hence, the suit stands dismissed Under Order IX, Rules 2 and 5 of the CPC, 1908. All the pending applications are filed. She 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: 16-01-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 105814/2021
    Filing Date: 03-08-2021
    First Hearing Date: 08th October 2021
    Decision Date: 16th January 2023
    Court Number And Judge: 11-COURT 11  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    16 Jan 2023
    Order Details: Other
    Pdf Text: 16.01.2023
    Sr. No. 32
    CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11)
    SU 1487/21 None present for the plaintiff.
    Adv. Mr. S.C. Khandagale for defendant/MCGM is present.
    Order below exhibit No. 01:
    Even today, the plaintiff is absent to proceed with the matter.
    Though the matter is filed in the year of 2021, till date the plaintiff
    is absent to ensure due service of the suit summons on the
    defendants, even after specific direction. It seems that she is absent
    since last considerable time for no reasons. No Order, staying this
    proceeding, is brought to notice of this Court. It is, thus, clear that
    the plaintiff lost her interest in the matter. Hence, the suit stands
    dismissed Under Order IX, Rules 2 and 5 of the CPC, 1908. All the
    pending applications are filed. She is called upon to bear the costs
    of suit. Bill of costs be drawnup accordingly. The proceeding is
    closed.
    Judge
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