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SUIT - SHORT CAUSE CIVIL SUIT

Mr. Mehmood Iiyas Khan +3 moreVsMCGM

CNR MHCC0100624320195-COURT 05 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 15th March 2025

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
102323/2019
Registration Date
21 Aug 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    5

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 2 · Order 39 · Rule 1

    Case History / Proceedings

    Case History
    Date: 23-08-2019
    Business: Adv.Mr.Abdul Rab Shaikh for plaintiff present.
    Adv.Mr.Pradeep Patil for defendant/MCGM present.
    Heard both the sides on NM No.2297/2019.
    Matter adjd to 07.09.2019 for Order on NM 2297/19.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 07-09-2019
    
    Date: 07-09-2019
    Business: As the message received from our office that, staff members can leave the office on 4 O\''Clock due to heavy rain fall, the board is discharge and matter adjd to 13/09/2019 for order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 13-09-2019
    
    Date: 13-09-2019
    Business: Plaintiff and Adv. Present.
    Adv. Mr. Patil  for defendant/MCGM present.
    F. R. S. R. Following order is passed on N/M No.2297/19
                             O R D E R
    Notice of Motion No. 2297/2019 is dismissed.
    Matter adjd to 11/10/2019 for W/st.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 11-10-2019
    
    Date: 11-10-2019
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 27-11-2019
    
    Date: 27-11-2019
    Business: As Court is busy in hearing arguments, passing orders and misc. work hence, board is discharged.
    Matter adjd to 05/02/2020 for W/st.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 05-02-2020
    
    Date: 05-02-2020
    Business: Plaintiff and advocate absent.
    Adv. Mr. Suryavanshi for the defendant  MCGM  present
    N/M  reply be treated as Written Statement.
    Matter is adjd to 27/03/2020 for framing issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 27-03-2020
    
    Date: 27-03-2020
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 08-04-2020
    
    Date: 08-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 20-04-2020
    
    Date: 20-04-2020
    Business: COVID-19. Lockdown from 23.03.2020. Hence matter adjourned to 30.05.2020.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 30-05-2020
    
    Date: 30-05-2020
    Business: In view of extension of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 17-06-2020
    
    Date: 17-06-2020
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 14-07-2020
    
    Date: 14-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 01-10-2020
    
    Date: 01-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 27-10-2020
    
    Date: 27-10-2020
    Business: Plaintiff and adv absent.
    Adv Smt. Rawde for MCGM/defendant present.
    Exh.8 - Issues framed.
    Matter adjourned for R/E to 26/11/2020.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 26-11-2020
    
    Date: 26-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 06-01-2021
    
    Date: 06-01-2021
    Business: None present for plaintiff.
    Adv Nandanwar present for MCGM/defendant.
    Matter adjourned for RE to 01.02.2021.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 01-02-2021
    
    Date: 01-02-2021
    Business: None present for plaintiff.
    Adv Soraan present for MCGM/defendant.
    PW absent.
    Matter adjourned for RE to 22.03.2021.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 22-03-2021
    
    Date: 22-03-2021
    Business: None present for plaintiff.
    Adv. Soraan/Nandanwar present for MCGM/defendant.
    Matter adjourned for evidence of plaintiff to 18.06.2021.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 18-06-2021
    
    Date: 18-06-2021
    Business: In view of office circular only urgent matters are taken for hearing and remaining board is discharged. Matter adjourned for
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 30-07-2021
    
    Date: 30-07-2021
    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: RECORDING EVIDENCE
    Next Hearing Date: 22-09-2021
    
    Date: 22-09-2021
    Business: None for plaintiff.
    Adv. Soran for MCGM/defendant.
    Matter adjourned to 06.12.2021 for plaintiffs evidence .
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 06-12-2021
    
    Date: 06-12-2021
    Business: None present for plaintiff.
    Adv. Soraan present  for MCGM/defendant.
    As plaintiff and his adv. absent, Matter adjourned for RE/order to.
    25/02/22.
    Next Purpose: ORDER
    Next Hearing Date: 25-02-2022
    
    Date: 25-02-2022
    Business: None present for plaintiff.
    Adv. Soraan present for MCGM/defendant.
    As plaintiff and his adv. absent, and he did not adduce evidence since long. Matter adjourned for dismissal order to 01/04/22.
    Next Purpose: DISMISSAL
    Next Hearing Date: 01-04-2022
    
    Date: 01-04-2022
    Business: None for plaintiff.
    Adv. Smt. Kumud Soraan for MCGM/ defendant  present.
    Matter is adjd for dismissal on 02-05-2022
    Next Purpose: DISMISSAL
    Next Hearing Date: 02-05-2022
    
    Date: 02-05-2022
    Business: None for Plaintiff.
    Adv. Soraan present for BMC/Defendant.
    Matter is adjd for hearing on 08-07-2022
    Next Purpose: DISMISSAL
    Next Hearing Date: 08-07-2022
    
    Date: 08-07-2022
    Business: None for Plaintiff.
    Adv. Mr. Diwate for MCGM/ defendant  present.
    Matter is adjd for dismissal on 15-07-2022
    Next Purpose: DISMISSAL
    Next Hearing Date: 15-07-2022
    
    Date: 15-07-2022
    Business: None for Plaintiff.
    Adv Smt. Kumud Soraan for defendant/MCGM present.
    Matter is adjd for dismissal on 24-08-2022
    Next Purpose: DISMISSAL
    Next Hearing Date: 24-08-2022
    
    Date: 24-08-2022
    Business: Court is busy in hearing in urgent matters i.e. Suit No. 3558/2013 and Suit No. 3560/2013 and Judgment dictating in SC No. 297/2019 and Order dictating in Suit No. 5057/12,5058/12,5058/12,1193/19 St. No. 9271/22 and St No. 9271/22. Hence want of time board is discharged.
    Next Purpose: DISMISSAL
    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: DISMISSAL
    Next Hearing Date: 25-11-2022
    
    Date: 25-11-2022
    Business: As Court is busy in High Court Time Bound Matter i.e. Suit No. 116 of 2012 and recording of evidence in Sessions Case No. 367 of 2020. Hence want of time board is discharged.
    Matter is adjd for dismissal on 06-01-2023
    Next Purpose: DISMISSAL
    Next Hearing Date: 06-01-2023
    
    Date: 06-01-2023
    Business: As Court is busy in urgent hearing in Suit No. 2784 of 2006 and Suit No.8206 of 1984. Hence want of time board is discharged.
    Matter is adjd for dismissal on 08-02-2023
    Next Purpose: DISMISSAL
    Next Hearing Date: 08-02-2023
    
    Date: 08-02-2023
    Business: As court is busy in Orders Matters i.e. L.C. Suit No. 313/22 to 320/2022,777/14 and M.A. 71/22. Hence want of time board is discharged.
    Matter adjourned for Dismissal on 27-03-2023.
    Next Purpose: DISMISSAL
    Next Hearing Date: 27-03-2023
    
    Date: 27-03-2023
    Business: As per Office order dtd. 24.03.2023 Hon\''ble Presiding Officer is going for visit to Observation Homes and Children\''s Home in Bombay District. Hence, want of time board is discharged.
    Matter is adjd for dismissal on 07-06-2023.
    Next Purpose: DISMISSAL
    Next Hearing Date: 07-06-2023
    
    Date: 07-06-2023
    Business: None for Plaintiff.
    Adv. Pradip Patil for MCGM present.
    Matter is adjd to 26.07.2023 for Ch/s hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 26-07-2023
    
    Date: 26-07-2023
    Business: None for Plaintiff.
    Adv. Pradip Patil for MCGM present.
    Matter is adjd  to  01.09.2023 for Ch/s hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 01-09-2023
    
    Date: 01-09-2023
    Business: None for Plaintiff.
    Adv. Pradip Patil for MCGM present.
    Matter is adjd  to 20.09.2023 for Ch/s hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 20-09-2023
    
    Date: 20-09-2023
    Business: None for plaintiff.
    Adv. Mr. Pradip Patil for defendant/ BMC present.
    Matter is adjd. to 03/11/2023  for Ch/s hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 03-11-2023
    
    Date: 20-09-2023
    Business: None for plaintiff.
    Adv. Mr. Pradip Patil for defendant/ BMC present.
    Matter is adjd. to 03/11/2023  for Ch/s hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 03-11-2023
    
    Date: 03-11-2023
    Business: The P.O. is on leave. Hence, matter is adjourned.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 05-01-2024
    
    Date: 03-11-2023
    Business: The P.O. is on leave. Hence, matter is adjourned.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 05-01-2024
    
    Date: 05-01-2024
    Business: None for Plaintiff.
    Adv. Pradip Patil for MCGM present.
    Matter is adjd  to 05.02.2024 for Ch/s hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 05-02-2024
    
    Date: 05-02-2024
    Business: None for Plaintiff.
    Adv. Vyavahare h/f Adv. Pradip Patil for defendant/BMC present.
    Matter is adjd  to 04.03.2024 for Ch/s hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 04-03-2024
    
    Date: 04-03-2024
    Business: None for Plaintiff.
    Adv. Ms. Rawade h/f Adv. Pradip Patil for MCGM present.
    Matter is adjd  to 05.04.2024 for Ch/s hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 05-04-2024
    
    Date: 05-04-2024
    Business: None for Plaintiff.
    Adv. Pradeep Patil for MCGM present.
    Matter is adjd  to 24.06.2024 for Ch/s hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 24-06-2024
    
    Date: 24-06-2024
    Business: None for Plaintiff.
    Adv. G. V. Jawale for MCGM present.
    Matter is adjd  to 24.07.2024 for Ch/s hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 24-07-2024
    
    Date: 24-07-2024
    Business: None for Plaintiff.
    Adv. A. K. Nandanwar for MCGM present.
    Matter is adjd  to 21.08.2024 for Ch/s hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 21-08-2024
    
    Date: 21-08-2024
    Business: None for Plaintiff.
    Adv. Jawale for Deft/MCGM.
    Matter is adjd  to  25-09-2024  for Ch/s hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 25-09-2024
    
    Date: 25-09-2024
    Business: None for Plaintiff.
    Adv. G. V. Jawale for MCGM present.
    Matter is adjd  to 06.11.2024 for Ch/s hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 06-11-2024
    
    Date: 06-11-2024
    Business: None for Plaintiff.
    None present for defendant/MCGM.
    Matter is adjd  to  13.12.2024  for Ch/s hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 13-12-2024
    
    Date: 06-11-2024
    Business: None for Plaintiff.
    None present for defendant/MCGM.
    Matter is adjd  to  13.12.2024  for Ch/s hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 13-12-2024
    
    Date: 13-12-2024
    Business: None for Plaintiff.
    Adv. G. V. Jawale for MCGM present.
    Matter is adjd  to 12.02.2025 for Ch/s hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 12-02-2025
    
    Date: 12-02-2025
    Business: None for Plaintiff.
    Adv. G. V. Jawale for MCGM present.
    From the record it appears that since december 2021, plaintiff is continuously absent. Suit is of the year 2019 means more than 5 years old. Hence, suit be kept for dismissal order on next date.
    Matter is adjd  to 15.03.2025 for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 15-03-2025
    
    Date: 15-03-2025
    Business: None for Plaintiff.
    Adv. Amar Patil h/f Adv. Chaitanya Dalvi for defendant/MCGM present.
    Order below Exh. 1
        Today the matter is for dismissal order and from the record it appears that since 2021 neither plaintiffs nor their advocate remain present. Therefore, in view of the reluctant attitude of the plaintiffs 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. 2323 of 2019 is hereby dismissed for want of prosecution.
    2. In view of dismissal of suit, Ch/s No. 2272/2019 does not survive so it is disposed of accordingly.
    3. No order as to costs.
    4. Bill of costs be drawn up accordingly.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 15-03-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 106779/2019
    Filing Date: 21-06-2019
    First Hearing Date: 23rd August 2019
    Decision Date: 15th March 2025
    Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    15 Mar 2025
    Order Details: Order below exhibit
    Pdf Text: 15.03.2025 CORAM: SHRI R. S. ARADHYE, ADDL. SESSIONS JUDGE C.R.NO.5
    SU. 2323/19
    Ch/s 2272/19
    None for Plaintiff.
    Adv. Amar Patil h/f Adv. Chaitanya Dalvi for defendant/MCGM present.
    Order below Exh. 1
    Today the matter is for dismissal order and from the record it appears
    that since 2021 neither plaintiffs nor their advocate remain present.
    Therefore, in view of the reluctant attitude of the plaintiffs 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. 2323 of 2019 is hereby dismissed for want of
    prosecution.
    2. In view of dismissal of suit, Ch/s No. 2272/2019 does not survive so
    it is disposed of accordingly.
    3. No order as to costs.
    4. Bill of costs be drawn up accordingly.
    Judge
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