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SUIT - SHORT CAUSE CIVIL SUIT

Bright Brothers Enterprises Builders and DevelopersVsMCGM +3 more

CNR MHCC0100589720195-COURT 05 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 20th June 2026

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
100034/2021
Registration Date
07 Jan 2021

Advocates

2

For Petitioner

Parties

5

Acts & Sections

2
CODE OF CIVIL PROCEDURE · Sec 2 · O 39 Rule1
Specific Relief Act · Sec 34 · 37 · 38

Case History / Proceedings

Case History
Date: 11-01-2021
Business: Advocate for plaintiff present.
Advocate Vyavhare for deft/BMC present.
R and P not received from Board Dept.
Adjourned for Draft issues to 16/06/2021.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 16-06-2021

Date: 16-06-2021
Business: In view of Office Circular/Order 106/2021 Dt. 14-06-2021 , only urgent matters are taken, hence the remaining board is discharged.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 28-07-2021

Date: 28-07-2021
Business: In view of Office Circular/Order 106/2021 Dt. 14-06-2021 , only urgent matters are taken, hence the remaining board is discharged, Hence matter is adjd. to
Next Purpose: DRAFT ISSUES
Next Hearing Date: 07-09-2021

Date: 07-09-2021
Business: Adv. Shashtri present for plaintiff and he tendered original writ of summons t.o.r. marked as Exh. 05
Adv. Sutar present for MCGM/defendant.
Matter adjourned for to. 28/10/2021.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 28-10-2021

Date: 28-10-2021
Business: None present for plaintiff.
Adv. Vidya vyavahare present  for MCGM/defendant.
As court is busy in dictating order on chs. no. 1186/21 in suit no. 2718/2015 hence remaining board is discharged and Matter adjourned for draft issues to. 04/01/22.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 04-01-2022

Date: 04-01-2022
Business: Adv. Shashtri present for plaintiff and sought adjournment.
Adv. Sutar present for MCGM/defendant.
Matter adjourned for framing issues to. 01/03/2022.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 01-03-2022

Date: 01-03-2022
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: DRAFT ISSUES
Next Hearing Date: 05-05-2022

Date: 05-05-2022
Business: None for Plaintiff.
Adv. Smt. Vidya Vyavahare for MCGM/ defendant  present.
Matter is adjd for framing issues on 09-06-2022
Next Purpose: DRAFT ISSUES
Next Hearing Date: 09-06-2022

Date: 09-06-2022
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: DRAFT ISSUES
Next Hearing Date: 30-07-2022

Date: 30-07-2022
Business: None for Plaintiff.
Adv. Mr. Bibhishan Sutar for MCGM/ defendant  present.
Matter is adjd for draft issues on 03-09-2022
Next Purpose: DRAFT ISSUES
Next Hearing Date: 03-09-2022

Date: 03-09-2022
Business: Due to holiday declared.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 10-11-2022

Date: 10-11-2022
Business: None for Plaintiff.
Adv Apoorva Maurya h.f. Adv Parshurami for deft /MCGM present.
Matter is adjd for issues on 17-01-2023
Next Purpose: DRAFT ISSUES
Next Hearing Date: 17-01-2023

Date: 17-01-2023
Business: P.O. is on leave. Hence matter is adjourned.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 23-02-2023

Date: 23-02-2023
Business: As court is busy in judgment dictating in High Court Time Bound Matter i.e. Suit No. 1246 of 2013 and order dictating matters i.e. Suit No. 916 of 2006 and Stamp No. 1814 of 2023. Hence want of time board is discharged.
Matter is adjd on 08-06-2023
Next Purpose: DRAFT ISSUES
Next Hearing Date: 08-06-2023

Date: 08-06-2023
Business: None for Plaintiff.
Adv. Mitali Nibre h/f Adv. Vikrant Parshurami for MCGM/Defendant present.
Matter is adjd  to 08.08.2023 for framing of issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 08-08-2023

Date: 08-08-2023
Business: None for plaintiff.
Adv. Mitali Nibro h/f Adv. Vikrant Parshurami along with Adv. Ms. Vyavahare for MCGM present.
Matter is adjd  to 05.10.2023 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 05-10-2023

Date: 05-10-2023
Business: None for Plaintiff.
Adv. Anjali Sukumaran h/f Adv. Vikrant Parshuramani along with Adv. Ms. Rawade for MCGM present.
Matter is adjd  to  07.12.2023 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 07-12-2023

Date: 07-12-2023
Business: None for Plaintiff.
Adv. Mitali h/f Parshurami a/w Adv.  Vidya Vyavahare for defendant/MCGM present.
Matter is adjd  to 20.02.2024 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 20-02-2024

Date: 20-02-2024
Business: None for Plaintiff.
Adv. Mitali Nibare h/f Adv. Vikrant Parshurami a/w Adv. Vyavahare for defendant/BMC present.
Matter is adjd  to 25.04.2024 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 25-04-2024

Date: 25-04-2024
Business: None for Plaintiff.
Adv. Anjali Sukumaran h/f Adv. Vikrant Parshurami a/w Adv. Vyavahare for defendant/BMC present.
Matter is adjd  to 06.08.2024 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 06-08-2024

Date: 06-08-2024
Business: None for Plaintiff.
Adv. Sachin Vajale for defendant/BMC present.
The P.O. is busy in recording evidence in suit No. 2466/15 and Suit No. 2945/11. Hence, adjourned.
Matter is adjd  to 22.10.2024 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 22-10-2024

Date: 22-10-2024
Business: The P.O. is on leave. Hence, matter is adjourned.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 16-01-2025

Date: 16-01-2025
Business: None for Plaintiff.
Adv. Sachin Vajale for defendant/BMC present.
Matter is adjd  to 20.03.2025 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 20-03-2025

Date: 20-03-2025
Business: None for Plaintiff.
Adv. Dhariya Thakkar h/f Adv. Vikrant Parshurami a/w Adv. Chaitanya Dalvi for Defendant/MCGM present.
Matter is adjd  to 26.06.2025 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 26-06-2025

Date: 26-06-2025
Business: None for Plaintiff.
Adv. Thakare h/f Adv. Vikrant Parshurami a/w Adv. Sachin Vajale for defendant/BMC present.
Matter is adjd to 24.07.2025 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 24-07-2025

Date: 24-07-2025
Business: None for Plaintiff.
Adv. Kshitij Kanulkar h/f Adv. Vikrant Parshurami a/w Adv. Chaitanya Dalvi for Defendant/MCGM present.
Written statement and affidavit in reply is already on record. It is taken on record and marked at Exh.6. O- Seen and filed.
Exh. 7 - Issues are framed.
Matter is adjd  to 25.09.2025 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-09-2025

Date: 25-09-2025
Business: None present for plaintiff, failed to adduce evidence.
Adv. Karan Rampure h/f Adv. Vikrant Parshurami a/w Adv. Sachin Vajale for defendant/BMC present.
Matter is adjd  to 13.01.2026 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-01-2026

Date: 13-01-2026
Business: None for Plaintiff.
Adv. Sangita Honmane for defendant/BMC present.
Matter is adjd to 12.03.2026 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-03-2026

Date: 12-03-2026
Business: None for Plaintiff.
Adv. Bhavna Nirban h/f Adv. Vikrant Parshurami a/w Adv. Sangita Honmane for defendant/MCGM present.
   Issues are framed on 24.07.2025 and matter is for plaintiffs evidence. However, from the record it seems that since long plaintiff is absent and failed to file his evidence. Hence,matter be fixed for dismissal order on next date.
Matter is adjd  to 30.04.2026 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 30-04-2026

Date: 30-04-2026
Business: The P.O. is on leave. Hence, matter is adjourned.
Next Purpose: DISMISSAL
Next Hearing Date: 20-06-2026

Date: 20-06-2026
Business: None for Plaintiff.
Adv. Sangita Honmane for defendant/MCGM present.
      Record and roznama shows that issues were framed on 24.07.2025 and matter was posted for evidence of plaintiff. Since, long plaintiff and his advocate remained absent and failed to file his evidence. It seems that plaintiff is not interested to proceed with this suit, so it deserves to be dismissed for want of prosecution. In the result following order is passed -
ORDER
1. L. C. Suit No. 34 of 2021 is hereby dismissed for want of prosecution.
2. No order as to costs.
3. Bill of costs be drawn up accordingly.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 20-06-2026

Additional Case Details

Additional Case Details
Filing Number: 106416/2019
Filing Date: 15-06-2019
First Hearing Date: 11th January 2021
Decision Date: 20th June 2026
Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE

Orders

1
Final Order 1
20 Jun 2026
Order Details: Other
Pdf Text: Sr No. 13
20.06.2026
CORAM: SHRI R. S. ARADHYE ADDL. SESSIONS JUDGE C.R.NO.5
SU. 34/21 None for Plaintiff.
Adv. Sangita Honmane for defendant/MCGM present.
Record and roznama shows that issues were framed on 24.07.2025
and matter was posted for evidence of plaintiff. Since, long plaintiff and
his advocate remained absent and failed to file his evidence. It seems
that plaintiff is not interested to proceed with this suit, so it deserves to
be dismissed for want of prosecution. In the result following order is
passed -
ORDER
1. L. C. Suit No. 34 of 2021 is hereby dismissed for want of prosecution.
2. No order as to costs.
3. Bill of costs be drawn up accordingly.
Judge
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