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SUIT - SHORT CAUSE CIVIL SUIT

Mr. Satyprakash Babulal DubeyVsMCGM

CNR MHCC0100612820184-COURT 04 AD-HOC JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 16th March 2024

TrustJury record updated 13 Sept 2026

Case Overview

Registration Number
101311/2018
Registration Date
01 Jun 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Respondent

    1. 1MCGM

    Acts & Sections

    2
    Hindu Marriage Act · Sec 37 · 38
    Protection of Women from Domestic Violence Act · Sec 151 · Order39 · Rule1

    Case History / Proceedings

    Case History
    Date: 13-06-2018
    Business: By precipee
    Adv. Mr. Asit Singh for plaintiff present.
    He filed draft N/M. Seeking leave to register.
    O- Leave granted for registration.
    Officer of BMC, Mr. Ramesh Madake, administrative officer present.
    Adjd to 14.6.2018 for N/M reply/ hearing.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 14-06-2018
    
    Date: 14-06-2018
    Business: Adv. Mr. Asit Singh for plaintiff present.
    Adv. Ms. Giri h/f adv. Ms. Tadavi for BMC present.
    Officer of BMC, Mr. Ramesh Madake, administrative officer present.
    Adjd to 15.6.2018 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 15-06-2018
    
    Date: 15-06-2018
    Business: As Court is on leave, Board is discharged,  hence adjd. to 18.06.2018 for NM Reply / Rejoinder.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 18-06-2018
    
    Date: 18-06-2018
    Business: Adv. Mr. Asit Singh for plaintiff present.
    Adv. Mr. Giri h/f adv. Ms. Tadavi for BMC present.
    Adjd to 27.06.2018 for reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 27-06-2018
    
    Date: 27-06-2018
    Business: Adv. Mr. Kapil Shetty for Plaintiff present
    Adv. Mr. Giri for defendant / BMC present.
    Mr. Kiran Patil, Administrative Officer, MCGM present.
    Matter is referred for National Lok Adalat which will be held on 14.07.2018.
    Adv. for plff. undertakes to keep the plff. present on 14.07.2018 at 10.30 a.m. before National Lok Adalat.
    Adjd. to 14.07.2018 for National Lok Adalat.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 14-07-2018
    
    Date: 14-07-2018
    Business: Adv Asit Singh for plff present.
    Adv Giri for deft / MCGM present.
    matter is not settled.
    Matter put up before regular court.
    Matter Adj to 08/08/2018.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 08-08-2018
    
    Date: 08-08-2018
    Business: Adv. Mr. Asit Singh for Plff. present.
    Adv. MR. Giri for defendant /BMC present.
    Earlier order to continue till next date.
    Adjd. to 27.08.2018 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-08-2018
    
    Date: 27-08-2018
    Business: Adv. Asit Singh for plaintiff present.
    Adv. Mrs. Bhoir for defendant no. / BMC present.
    On oral request of Adv. for Plaintiff, adjournment granted.
    Matter adjd. to 26.9.18 for NM Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-09-2018
    
    Date: 26-09-2018
    Business: Adv. Asit Singh for plaintiff present.
    Adv. Bhoir for defendant no. / BMC present.
    Matter adjd. to 29.10.18 for NM Reply.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-10-2018
    
    Date: 29-10-2018
    Business: Adv Asit Singh for plff present.
    Adv Bhoir h/f adv Vyavhare for BMC/deft present.
    Adjd to 20/12/2018 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 20-12-2018
    
    Date: 20-12-2018
    Business: Adv Asit Singh for plff present.
    Adv Mrs.Bhoir for BMC/deft. present.
    Court busy in recording evidence in Suit No.1949/2008 and urgent matter. Hence, matter is adjourned.
    Adjd to 28/01/2019 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 28-01-2019
    
    Date: 28-01-2019
    Business: Adv Asit Singh for plff present.
    Adv Mrs.Bhoir for BMC/deft. present.
    On oral request of ld adv for deft, adjournment granted as a last chance.
    Adjd to 25/02/2019 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 25-02-2019
    
    Date: 25-02-2019
    Business: Adv Asit Singh for plff present.
    Adv Mrs.Bhoir for BMC/deft. present.
    Adv for plff filed rejoinder in NM No.2191/18. It is TOR.
    Copy served to other side.
    K.B..
    Later on..
    Adv Asit Singh for plff present.
    Adv Mrs.Bhoir for BMC/deft. present.
    Adjd to 5/03/2019 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-03-2019
    
    Date: 05-03-2019
    Business: Plff and Adv. absent.
    Adv. Mrs. Vyavhare for MCGM/Deft present.
    On oral request of Advocate for Defendant, adjournment granted.
    Adjd to 11/4/2019 for N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 11-04-2019
    
    Date: 11-04-2019
    Business: None for Plff.
    Adv. Mrs. Mhatre h/f Adv. Mrs. Vyavhare for MCGM/ deft. present.
    On oral request of advocate for Defendant/MCGM, adjournment granted.
    Adjd to 9/7/2019 for N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 09-07-2019
    
    Date: 09-07-2019
    Business: P.O. is on Half day leave(afternoon session) hence, matter is adjourned to next date.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 19-08-2019
    
    Date: 19-08-2019
    Business: As P.O. is training at Uttan, matter is adjd. till next date
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 01-11-2019
    
    Date: 01-11-2019
    Business: None for plaintiff.
    Adv. Mrs. R.M. Hazare for Deft/MCGM present.
    KB
    LO
    On oral request of advocate for Defendant, adjournment granted.
    Adjd to 12-02-2020 for  N/M reply .
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 12-02-2020
    
    Date: 12-02-2020
    Business: Adv.Asit Singh for plaintiff present.
    Adv. Khandagle for MCGM/Deft. present.
     Matter adjd to 12.06.2020 form NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 12-06-2020
    
    Date: 12-06-2020
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 20-10-2020
    
    Date: 20-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 08-01-2021
    
    Date: 08-01-2021
    Business: H. H. J. is nominated for online Mediation Traning for Haryana, hence board is discharged.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 24-03-2021
    
    Date: 24-03-2021
    Business: Adv. Asit Singh for plaintiff present.
    Adv. Khandagale for deft/MCGM present and requests for time to file reply to NM No.2191/18. Time is granted 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: 18-08-2021
    
    Date: 18-08-2021
    Business: As court is on leave.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 08-10-2021
    
    Date: 08-10-2021
    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 as a last chance.
    Adjd. To 26/11/2021 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 26-11-2021
    
    Date: 26-11-2021
    Business: Adv. Amin Patel h.f. Adv. Asit Singh 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.
    Matter is adjd to 04/02/2022 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 04-02-2022
    
    Date: 04-02-2022
    Business: In view of office order no.7/2022 dated 07.01.2022 and Office order No. 22/2022 dated 28.01.2022 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06.01.2022 and 27.01.2022 of Hon\''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s.
    Adjd. to 21/03/2022 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 21-03-2022
    
    Date: 21-03-2022
    Business: Adv Asit Singh for plaintiff present.
    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 04/07/2022 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 04-07-2022
    
    Date: 04-07-2022
    Business: H.H.J. is on leave today.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 19-08-2022
    
    Date: 19-08-2022
    Business: Adv. Amin Patel h/f Adv. Asit Singh 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.
    Adjd. to 28/09/2022 for N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 28-09-2022
    
    Date: 28-09-2022
    Business: Adv. Asit Singh for plaintiff present.
    Adv. Mrs. Tondwalkar for defendant/ BMC is present and requested time to file reply to N/M.
    Adjd. to 18/11/2022 for No say order.
    Next Purpose: ORDER
    Next Hearing Date: 18-11-2022
    
    Date: 18-11-2022
    Business: Adv. Amin Patel h/f Adv. Asit Singh for plaintiff present.
    Adv. Mr. Sutar h/f Adv. Mrs. Tondwalkar for defendant/ BMC is present and N/M reply cum W/S, TOR and marked as Exh.2 and also tendered list of documents, TOR and marked as Exh.3. Copies are supplied to other side.
    Adjd. to 13/01/2023 for N/M hrg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-01-2023
    
    Date: 13-01-2023
    Business: Adv. Amin Patel h/f Adv. Asit Singh for plaintiff present and requested time to argue on N/M. Time is granted till next date.
    Adv. Mrs. Tondwalkar for defendant/ BMC is present.
    Adjd. to 17/02/2023 for N/M hrg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-02-2023
    
    Date: 17-02-2023
    Business: None for plaintiff.
    Adv. Mr. Suryavanshi for defendant/ BMC is present.
    Put up for dismissal order.
    Adjd. to 15/03/2023 for N/M dismissal.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 15-03-2023
    
    Date: 15-03-2023
    Business: None present for plaintiff.
    Adv. Mhatre  h.f. Adv. Suryavanshi for defendant/ BMC is present.
    Adjd. to 17.04.2023 for NM Dismissal.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 17-04-2023
    
    Date: 17-04-2023
    Business: None for plaintiff
    Adv. Mr. Suryavanshi for BMC present
    Adv. for Corporation submitted that this matter pertains to tenament of Corporation reserved for Project Affected Persons.
    Notice of Motion is pending since long for hearing. Since last two days none appeared for the plaintiff, hence Notice of Motion is kept for dismissal. Eventhough the plaintiff and his advocate are absent. Hence, it appears that the plaintiff is not interested to proceed with Notice of Motion. I, therefore, no option but to dismiss Notice of Motion. Hence I pass following order -
    ORDER
    Notice of Motion No.2191/2018 is dismissed for want of prosecution.
    Adjd. to 5.8.2023 for draft issues.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 05-08-2023
    
    Date: 05-08-2023
    Business: None present for plaintiff
    Advocate Mhatre h/f Suryavanshi for defendant /BMC present.
    Adjd to 30.09.2023 for framing issues
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 30-09-2023
    
    Date: 30-09-2023
    Business: None present for plaintiff.
    Advocate Mhatre for defendant/BMC present.
    Exh.     Issues framed
    Adjd  to 10.11.2023 for List of witness and R.E.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 10-11-2023
    
    Date: 10-11-2023
    Business: Court is on leave
    Matter adjourned.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 18-12-2023
    
    Date: 18-12-2023
    Business: None present for plaintiff.
    Advocate Suryavanshi  for defendant/BMC present.
    Today is second date for evidence. Hence matter adjourned.
    Adjd  to  29.01.2024  for plaintiff evidence/R.E.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 29-01-2024
    
    Date: 29-01-2024
    
    Date: 06-03-2024
    Business: None present for plaintiff.
    Advocate Jyoti Patil- Mhatre h/f Suryavanshi  for defendant/BMC present.
    issues are framed on 30.09.2023 and matter adjourned to 10.11.2023, 18.12.2023 and 29.01.2024 for plaintiff evidence but none appeared for plaintiff.  Today none present for plaintiff and suit is of year 2018. hence matter adjourned and kept for dismissal of suit.
    Adjd  to  16.03.2024    for  suit dismissal
    Next Purpose: SUIT DISMISSAL
    Next Hearing Date: 16-03-2024
    
    Date: 16-03-2024
    Business: None present for plaintiff
    Advocate Jyoti Patil- Mhatre h/f Suryavanshi for defendant/BMC present.
    Order below Exh.1
            Suit is of year 2018, issues are framed 30.09.2023 and today suit is kept for dismissal of suit but none present for plaintiff. This shows that plaintiff is not interested to proceed with the suit. Hence I pass following order.
    ORDER
    Suit is dismissed under Order IX Rule 8 of Civil Procedure Code
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 16-03-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 106681/2018
    Filing Date: 05-05-2018
    First Hearing Date: 13th June 2018
    Decision Date: 16th March 2024
    Court Number And Judge: 4-COURT 04 AD-HOC JUDGE

    Orders

    2
    Final Order 1
    16 Mar 2024
    Order Details: Other
    Pdf Text: 13 Dt:16.03.2024
    SU 1311/18
    CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
    None present for plaintiff
    Advocate Jyoti Patil- Mhatre h/f Suryavanshi for
    defendant/BMC present.
    Order below Exh.1
    Suit is of year 2018, issues are framed 30.09.2023 and
    today suit is kept for dismissal of suit but none present for
    plaintiff. This shows that plaintiff is not interested to proceed
    with the suit. Hence I pass following order.
    ORDER
    Suit is dismissed under Order IX Rule 8 of Civil Procedure
    Code
    Judge
    -- 1 of 1 --
    Order 1
    16 Mar 2024
    Order Details: Other
    Pdf Text: 13 Dt:16.03.2024
    SU 1311/18
    CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
    None present for plaintiff
    Advocate Jyoti Patil- Mhatre h/f Suryavanshi for
    defendant/BMC present.
    Order below Exh.1
    Suit is of year 2018, issues are framed 30.09.2023 and
    today suit is kept for dismissal of suit but none present for
    plaintiff. This shows that plaintiff is not interested to proceed
    with the suit. Hence I pass following order.
    ORDER
    Suit is dismissed under Order IX Rule 8 of Civil Procedure
    Code
    Judge
    -- 1 of 1 --

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