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SUIT - SHORT CAUSE CIVIL SUIT

Mr. Akshay Kusum DakeVsMCGM

CNR MHCC0100619820195-COURT 05 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 27th February 2025

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
101477/2019
Registration Date
18 Jun 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Respondent

    1. 1MCGM

    Acts & Sections

    1

    Case History / Proceedings

    Case History
    Date: 13-08-2019
    Business: Advocate for plaintiff present.
    Advocate Ms. Vyavahare for defendant/BMC present.
    Plaintiff is directed to issue writ of summons to the defendants.
    Adjourned for writ of summons to 16.10.2019.
                                                                               Judge
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 16-10-2019
    
    Date: 16-10-2019
    Business: Advocate for plaintiff is present.
    Advocate Mr. Sutar for defendant/BMC is present.
    Adjourned for written statement to 13.12.2019.
                                                                               Judge
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 13-12-2019
    
    Date: 13-12-2019
    Business: As Court is on Leave
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 29-01-2020
    
    Date: 29-01-2020
    Business: Advocate for plaintiff present.
    Ld. Adv. for plaintiff requested for time.- Granted.
    Advocate Vyavahare for defendant/BMC present.
    Adjourned for Written Statement to 09/03/2020.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 09-03-2020
    
    Date: 09-03-2020
    Business: Plaintiff present and his advocate absent.
    Advocate Vyavahare for defendant/BMC present.
    Ld. Adv. for BMC/Def requested for time.- Granted subject to limitation.
    Adjourned for Written Statement to 17/06/2020.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 17-06-2020
    
    Date: 17-06-2020
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 22-07-2020
    
    Date: 22-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 07-09-2020
    
    Date: 07-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 07-10-2020
    
    Date: 07-10-2020
    Business: Due to Covid-19. Matter is adjourned.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 25-11-2020
    
    Date: 25-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 27-01-2021
    
    Date: 27-01-2021
    Business: None present for plaintiff.
    Advocate  for deft/BMC present.
    Adjourned for  Written statement to 25-02-2021.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 25-02-2021
    
    Date: 25-02-2021
    Business: None for plaintiff.
    Advocate Mrs. Dhuri for deft/BMC present.
    Adjourned for written statement to 17/06/2021.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 17-06-2021
    
    Date: 17-06-2021
    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: WRITTEN STATEMENT
    Next Hearing Date: 02-08-2021
    
    Date: 02-08-2021
    Business: None present for plaintiff.
    Adv. Soraan present for MCGM/defendant.
    Matter adjourned for W.S. to. 07/09/2021.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 07-09-2021
    
    Date: 07-09-2021
    Business: Adv. Pawar present for plaintiff.
    adv. Bhibhishan sutar present for MCGM/defendant.
    Plaint at Exh.1.
    VP at Exh.2.
    Memorandum of address at Exh.3.
    List of documents at Exh.4
    Adv. for BMC tendered written statement. t.o.r.  marked as
    Exh. 05.
    Matter adjourned for  framing issues to. 18/11/2021.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 18-11-2021
    
    Date: 18-11-2021
    Business: None Present For Plaintiff.
    Adv. Vidya Vyavahare @ adv. Sutar present  for MCGM/defendant.
    As plaintiff and his adv. absent and court is busy in hearing an arguments and order on Chs. no. 1544/21. in suit no. 1820/2010. Hence, Matter adjourned for framing issues to. 25/01/22.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 25-01-2022
    
    Date: 25-01-2022
    Business: In view of the office order no. 07/2022 dated. 07/01/22 of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06/01/22 of Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge of COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s. Hence matter adjourned to
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 10-03-2022
    
    Date: 10-03-2022
    Business: As Court is on leave.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 17-06-2022
    
    Date: 17-06-2022
    Business: As presiding officer is on leave. Hence, matter is adjourned to
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 08-08-2022
    
    Date: 08-08-2022
    Business: As presiding officer is on leave. Hence, matter is adjourned to
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 10-10-2022
    
    Date: 10-10-2022
    Business: As court is busy  in Recording of Evidence in High Court Time Bound Matter and dictating Order/Judgment in other matters. Hence, want of time board is discharged.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 11-01-2023
    
    Date: 11-01-2023
    Business: As Court is busy in High Court Time Bound Matter i.e. Suit No. 3243 of 2014. Hence want of time board is discharged.
    Matter is adjd for framing issues on 04-02-2023
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 04-02-2023
    
    Date: 04-02-2023
    Business: As Court is busy in recording statement u/s 313 of Cr.P.C. in Session Case No. 1490 of 2019 and partly heard arguments in Suit No.2378 of 2012. Hence want of time board is discharged.
    Matter is adjd for RE on 23-03-2023
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 23-03-2023
    
    Date: 23-03-2023
    Business: None for Plaintiff.
    Adv Seena Rawade for defendant /MCGM  present.
    Issues are framed. Exh..
    Matter is adjd for RE on 13-06-2023
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 13-06-2023
    
    Date: 13-06-2023
    Business: None for Plaintiff.
    Adv. Vyavhare for defendant/ BMC present.
    Matter is adjd. to 03/08/2023 for R/E.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 03-08-2023
    
    Date: 03-08-2023
    Business: None for Plaintiff.
    Adv. Ms. Vyavahare for MCGM present.
    Matter is adjd  to  10.10.2023 for evidence.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 10-10-2023
    
    Date: 10-10-2023
    Business: None for Plaintiff.
    Adv.  Vidya Vyavahare for defendant/MCGM present.
    Matter is adjd  to 12.12.2023 for evidence.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 12-12-2023
    
    Date: 12-12-2023
    Business: None for Plaintiff.
    Adv Vyavhare for MCGM present.
    Matter is adjd to 08/02/2024 for evidence.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 08-02-2024
    
    Date: 08-02-2024
    Business: None for Plaintiff.
    Adv. Vyavahare for defendant/BMC present.
    Matter is adjd  to 23.04.2024 for  evidence.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 23-04-2024
    
    Date: 23-04-2024
    Business: None for Plaintiff.
    Adv. Vyavahare for defendant/BMC present.
    Matter is adjd  to 04.07.2024 for evidence.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 04-07-2024
    
    Date: 04-07-2024
    Business: None for Plaintiff.
    Adv. Sachin Vajale for defendant/BMC present.
    Matter is adjd  to 29.08.2024 for evidence.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 29-08-2024
    
    Date: 29-08-2024
    Business: None for Plaintiff.
    Adv. Sachin Vajale for defendant/BMC present.
    Matter is adjd to 24.10.2024 for evidence.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 24-10-2024
    
    Date: 24-10-2024
    Business: None for Plaintiff.
    Adv. Chaitanya Dalvi for Defendant/MCGM present.
    Matter is adjd  to 17.12.2024 for evidence.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 17-12-2024
    
    Date: 17-12-2024
    Business: The P.O. is on leave. hence, matter is adjourned.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 04-02-2025
    
    Date: 04-02-2025
    Business: None for Plaintiff.
    Adv. Sachin Vajale for defendant/BMC present.
         Issues are framed on 23.03.2023 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.
    Matter is adjd to 27.02.2025 for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 27-02-2025
    
    Date: 27-02-2025
    Business: None for Plaintiff.
    Adv. Chaitanya Dalvi for Defendant/MCGM present.
        Today the matter is for dismissal order and from the record it appears that since long neither plaintiff nor his advocate remain present. Therefore, in view of the reluctant attitude of the plaintiff in proceeding further I think it that suit deserves to be dismissed for want of prosecution so accordingly in the result following order is passed -
    1. L. C. Suit No. 1477 of 2019 is hereby dismissed for want of prosecution.
    2. No order as to costs.
    3. Bill of costs be drawn accordingly.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 27-02-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 105464/2019
    Filing Date: 04-05-2019
    First Hearing Date: 13th August 2019
    Decision Date: 27th February 2025
    Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    27 Feb 2025
    Order Details: Other
    Pdf Text: 27.02.2025 CORAM: SHRI R. S. ARADHYE, ADDL. SESSIONS JUDGE C.R.NO.5
    SU. 1477/19 None for Plaintiff.
    Adv. Chaitanya Dalvi for Defendant/MCGM present.
    Today the matter is for dismissal order and from the record it appears
    that since long neither plaintiff nor his advocate remain present.
    Therefore, in view of the reluctant attitude of the plaintiff in proceeding
    further I think it that suit deserves to be dismissed for want of
    prosecution so accordingly in the result following order is passed -
    1. L. C. Suit No. 1477 of 2019 is hereby dismissed for want of
    prosecution.
    2. No order as to costs.
    3. Bill of costs be drawn accordingly.
    Judge
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