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SUIT - SHORT CAUSE CIVIL SUIT

Mr. Mohammad Ayyub ShaikhVsThe Municipal Commissioner +1 more

CNR MHCC0100595820194-COURT 04 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 04th July 2025

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
101884/2019
Registration Date
03 Jul 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    Hindu Marriage Act · Sec Order 39 · Rule 2

    Case History / Proceedings

    Case History
    Date: 28-08-2019
    Business: As P.O. is on training at Uttan, matter is adjd. till next date.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 11-11-2019
    
    Date: 11-11-2019
    Business: None for plaintiff.
    Writ of summons be issued to defts. for answering claim and for settlement of issues.
    Adjd to 12-02-2020  for  Service
    Next Purpose: SERVICE
    Next Hearing Date: 12-02-2020
    
    Date: 12-02-2020
    Business: None for plaintiff.
    Adv. Khandagle for MCGM/Deft. present.
    Already adjd to 02.03.2020 for NM reply.
    Next Purpose: REPLY
    Next Hearing Date: 02-03-2020
    
    Date: 02-03-2020
    Business: Adv.Kharamol for plaintiff present.
    Adv. Khandagle for MCGM/Deft. present.
    On oral request of advocate for Defendant, adjournment granted as last chance.
     Matter adjd to 03.07.2020 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 03-07-2020
    
    Date: 03-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPLY
    Next Hearing Date: 16-09-2020
    
    Date: 16-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPLY
    Next Hearing Date: 02-11-2020
    
    Date: 02-11-2020
    Business: Adjourned due to Covid-19.
    Next Purpose: REPLY
    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 26/03/2021 for NM Reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 26-03-2021
    
    Date: 26-03-2021
    Business: As Court is on leave, hence board is discharged.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 23-06-2021
    
    Date: 23-06-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 27-08-2021
    
    Date: 27-08-2021
    Business: HHJ is on leave.
    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 08/12/2021 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 08-12-2021
    
    Date: 08-12-2021
    Business: None present for the plaintiff.
    Adv Mrs.Tondwalkar for Defendants/ MCGM present and seek time to file NM reply. Time is granted till next date.
    Adv for the plaintiff is directed to register the NM till next date.
    Matter is adjd to 28.03.2022 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 28-03-2022
    
    Date: 28-03-2022
    Business: Adv. Pooja Darane h/f Adv. Kharatmol  for plaintiff present.
    Adv. Smita Chavan h/f Adv. Tondwalkar for defendant/   MCGM present and request for filing reply to NM. Time is granted till next date.
    Adjd. To 01-07-2022/2022 for Nm reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 01-07-2022
    
    Date: 01-07-2022
    Business: Adv. Kharatmol for plaintiff present.
    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 19/08/2022 for N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 19-08-2022
    
    Date: 19-08-2022
    Business: Adv. Kharatmol for plaintiff present.
    Adv. Mrs. Tondwalkar for defendant/ BMC is present and requested time to file reply on N/M. Time is granted till next date.
    Adjd. to 10/10/2022 for N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 10-10-2022
    
    Date: 10-10-2022
    Business: Adv. Kharatmol for plaintiff present.
    Adv. Mrs. Tondwalkar for defendant/ BMC is present and requested time to file reply to N/M. Time is granted till next date.
    Adv. for plaintiff is directed to register the N/M till next date.
    Adjd. to 07/12/2022 for N/M reply and compliance by plaintiff.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 07-12-2022
    
    Date: 07-12-2022
    Business: Court is busy in dictating order in Ch/S and urgent ad-interim hearing, board is discharged.
    Adjd. to 20/02/2023 for N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 20-02-2023
    
    Date: 20-02-2023
    Business: As Court is busy in urgent N/M hearing and passing ad-interim orders, board is discharged.
    Adjd. to 14/06/2023 for N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 14-06-2023
    
    Date: 14-06-2023
    Business: None present for plaintiff
    Advocate Suryavanshi for defendant/BMC present and seek time to file reply to NM. Time is granted.
    Adjd 11.09.2023 for NM Reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 11-09-2023
    
    Date: 11-09-2023
    Business: As court is busy in hearing argument on HCTB NM, Board is discharged.
    Adjd  to  20.11.2023  for NM Reply
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 20-11-2023
    
    Date: 20-11-2023
    Business: None present for plaintiff
    Advocate Suryavanshi  for defendant/BMC present and seeks time to file reply to NM. Time is granted.
    Adjd  to 05.02.2024  for NM Reply
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 05-02-2024
    
    Date: 05-02-2024
    Business: None for plaintiff.
    Advocate Suryavanshi for defendant/BMC present and requested time to file N/M reply, hence adjourned.
    Adjd  to 03.04.2024 for N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 03-04-2024
    
    Date: 03-04-2024
    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 21/6/2024
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 21-06-2024
    
    Date: 21-06-2024
    Business: None for plaintiff present
    Adv. Mrs. Vyawahare for B. M. C. requested time to file NM reply-Granted as a last chance as suit is of 2019
    Adjd. to 10/7/2024 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 10-07-2024
    
    Date: 10-07-2024
    Business: None for plaintiff
    Adv. Mrs. Vyawahare for defendant/BMC requested time to file reply. Granted as a last chance as matter is five years old.
    Adjd. to 9/9/2024 for  NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 09-09-2024
    
    Date: 09-09-2024
    Business: None for plaintiff present.
    Advocate Honmane for defendant/BMC present and requested time to file reply. The suit is appeared since 2019, hence time is granted one more last chance.
    Adjd  to 06-11-2024 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 06-11-2024
    
    Date: 06-11-2024
    Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
    As Court is busy in dictating Judgment in su No.1317/2016, hearing of NM in targeted suits and recording evidence in targeted suit, Board is discharged, hence matter adjourned.
    Adjd  to 13.12.2024  for NM Reply
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 13-12-2024
    
    Date: 13-12-2024
    Business: None present for plaintiff
    Advocate  Sujata Puri   for defendant/BMC present and seeks time to file reply to NM. Time is granted as a last chance.
    Adjd  to 03.02.2025  for NM Reply
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 03-02-2025
    
    Date: 03-02-2025
    Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
    None present for the plaintiff to tender registered NM. Hence, the  un-tendered NM No. 4257/2022 stands dismissed in default.
    Adv. Ms. Sujata Puri h/f Adv. Ms. Honmane for defendant/MCGM is present.
    Adjourned for written statement to 24.03.2025.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 24-03-2025
    
    Date: 24-03-2025
    Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
    None present for the plaintiff. Adv. Ms. Sangita Honmane for defendant/MCGM is present and sought time to file WS. Sufficient time is already granted. Hence, this request is discarded. The suit is  proceeded without WS.
    Adjourned for RE.(No WS) to 04.07.2025.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 04-07-2025
    
    Date: 04-07-2025
    Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
    None present for the plaintiff.
    Adv. Ms. Sangita Honmane for defendant/MCGM is present.
    keep back
    Later on at 1.41 pm
    None present for the plaintiff. Rest appearance is as above.
    Order Below Exhibit 1 :
    	It appears that the suit was fixed for tendering evidence affidavit wherein the plaintiff opt to remain absent. There is no separate application tendered on record seeking adjournment.
    In the backdrop, the suit was fixed for evidence since long. In the backdrop the plaintiff consistently remain absent. This conduct of the plaintiff shows that now he has lost his interest in the suit. Therefore there is no reason to postpone instant matter on next date for the same purpose. It is only due to absence of the plaintiff the suit could not proceed ahead and therefore considering the age of the lis, this Court is constrained to pass dismissal order. Ergo the Order.
    ORDER
    01.	Suit is dismissed for want of prosecution vide Order XVII 	Rule 3 r/w Order IX Rule 8 of the Code of Civil Procedure 	1908.
    02.	The plaintiff to bear costs of this suit. Bill of costs be 	drawn-up accordingly.
    03. 	The Original documents, if any, 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.
    04.  	The proceeding is closed accordingly.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 04-07-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 106446/2019
    Filing Date: 17-06-2019
    First Hearing Date: 28th August 2019
    Decision Date: 04th July 2025
    Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    04 Jul 2025

    Order Details: Other Pdf Text: 5 Dt:04.07.2025 SU 1884/19 CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04) None present for the plaintiff. Adv. Ms. Sangita Honmane for defendant/MCGM is present. keep back Later on at 1.41 pm None present for the plaintiff. Rest appearance is as above. Order Below Exhibit 1 : It appears that the suit was fixed for tendering evidence affidavit wherein the plaintiff opt to remain absent. There is no separate application tendered on record…

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