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SUIT - SHORT CAUSE CIVIL SUIT

Smt. Leena F. AndrateVsMCGM

CNR MHCC01006280201811-COURT 11 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHER
Decision Date: 19th October 2024

TrustJury record updated 13 Sept 2026

Case Overview

Registration Number
101850/2018
Registration Date
10 May 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Respondent

    1. 1MCGM

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 07-08-2018
    Business: Court is vacant. Hence today board is discharged
    Next Purpose: DIRECTIONS
    Next Hearing Date: 05-10-2018
    
    Date: 05-10-2018
    Business: Advocate Mr. M. K. Singh for Plaintiff present.
    Advocate Ms. Tondvalkar h/f Adv. Hajare for BMC/Deft present and sought time to file reply to Chamber Summons and Notice of Motion contending that matter pertains to L ward.
    Hence, by consent, case is adjourned to 11/12/2018 for reply/hearing of Chamber Summons and Notice of Motion.
    Next Purpose: REPLY
    Next Hearing Date: 11-12-2018
    
    Date: 11-12-2018
    Business: Advocate Mr. N. K. Singh for plaintiff present.
    Advocate Ms. Hajare for defendant/BMC present.
    Heard.  F.R.S.R. following order has passed -
                                   ORDER
    1. Draft Chamber Summons is made absolute in terms of prayer clause (a).
    2. Plaintiff is directed to carry out proposed amendment in the plaint within stipulated time provided by law.
    3. Plaintiff is also directed to file on record typed copy of amended plaint and to serve copy of amended plaint on Defendant.
    4. Draft Chamber Summons be registered for the purpose of statistical.
    Case is adjourned to 10/01/2019 for amendment and reply to NM.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 10-01-2019
    
    Date: 10-01-2019
    Business: Advocate Mr. Tripathi for Plaintiff present and submitted that, compliance is made.  Copy of amended plaint will be served upon Defendants.  Plaintiff is directed to file typed copy of amended plaint in the Court.
    Advocate for BMC/Deft present.
    Case is adjourned to 16/03/2019 for Compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 16-03-2019
    
    Date: 16-03-2019
    Business: Advocate Mr. Singh for Plaintiff present and filed disposed off Chamber Summons no.2298/18 with affidavit in support, t.o.r. He submitted that, on next date he will file typed copy of amended plaint.
    Advocate for BMC/Deft present.
    Case is adjourned to 27/06/2019 for Compliance/NM reply.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 27-06-2019
    
    Date: 27-06-2019
    Business: Advocate Yogesh Tripathi for plaintiff present and sought time to submit typed copy of plaint in the Court. He submits that the copy of amended plaint is served on the plaintiff.
    Advocate Ms.Mhatre for defendant/MCGM present.
    The case is adjourned to 20.07.2019  for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 20-07-2019
    
    Date: 20-07-2019
    Business: Advocate Yogesh Tripathi  for plaintiff present and submitted amended plaint.
    Copy served on advocate for defendant.
    Typed copy of plaint submitted in the Court.
    Advocate Ms.Mhatre for defendant/MCGM present.
    The case is adjourned to 03.09.2019 for filing Written Statement.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 03-09-2019
    
    Date: 03-09-2019
    Business: Advocate Singh for plaintiff present.
    Advocate Ms. Mhatre for defendant/MCGM present and sought time. Time is granted.
    The case is adjourned to 21.11.2019 for Written Statement.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 21-11-2019
    
    Date: 21-11-2019
    Business: court is on leave
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 22-01-2020
    
    Date: 22-01-2020
    Business: Court is on leave.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 18-03-2020
    
    Date: 18-03-2020
    Business: None for plaintiff.
    Adv. Ms. Mhatre for Deft./MCGM present, prayed for adjd.
    Matter is adjd. for W.S. on 24.06.2020.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 24-06-2020
    
    Date: 24-06-2020
    Business: Adjd. to
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 30-07-2020
    
    Date: 30-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 05-10-2020
    
    Date: 05-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 26-11-2020
    
    Date: 26-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 22-02-2021
    
    Date: 22-02-2021
    Business: None present for plaintiff.
    Adv. Ms. Mhatre for deft./MCGM present and requested short time to file w/s.
    Matter is adjourned for w/s and reply to NM to 12.04.21.
                                                                                   Judge
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 12-04-2021
    
    Date: 12-04-2021
    Business: Due to Covid-19, as per officer order no. 78/2021 dated 09.04.2021, on Monday 12.04.2021 declared as holiday, hence, matter is adjourned to 12.06.2021.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 12-06-2021
    
    Date: 12-06-2021
    Business: Due to Covid-19, matter is adjourned to next date.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 10-07-2021
    
    Date: 10-07-2021
    Business: Due to Covid-19
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 08-09-2021
    
    Date: 08-09-2021
    
    Date: 08-11-2021
    Business: Court is Vacant. Matter is adj. to next date.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 15-12-2021
    
    Date: 15-12-2021
    Business: None present for Plaintiff.
    Adv. Mr. Khandagale for Defendant/MCGM is present.
    Exh. 2 Adv for the defendant filed application Order 7 rule 11 of the CPC for rejection of plaint.
    O-Other side to Say.
    Adjourned for say to 31/01/2022.
    Next Purpose: REPLY
    Next Hearing Date: 31-01-2022
    
    Date: 31-01-2022
    Business: None present for plaintiff.
    Adv. Mr. Khandagale for defendant/MCGM is present.
    In view of office order no. 07/2022 dated 07.01.2022 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06.01.2022 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.
    Adjourned for say on Exh. 02 to 25.02.2022.
    Next Purpose: REPLY
    Next Hearing Date: 25-02-2022
    
    Date: 25-02-2022
    Business: None is present for the plaintiff.
    Adv. Mr. Khandagale for defendant/MCGM is present. The record shows that the plaintiff is supposed to file say on the application Exh.2 for rejection of the plaint. Sufficient time is already granted. Hence, the matter is posted for suitable orders against the plaintiff.
    Adjourned for Order against the plaintiff to 23.03.2022.
    Next Purpose: ORDER
    Next Hearing Date: 23-03-2022
    
    Date: 23-03-2022
    Business: None present for plaintiff.
    Adv. Mr. Khandagale for defendant/MCGM is present.
    The plaintiff is absent for say on the application exhibit 02, filed for rejection of plaint. Hence, this application is proceeded without say of the plaintiff.
    Adjourned for hearing on exhibit 02 to 13.07.2022.
    Next Purpose: HEARING
    Next Hearing Date: 13-07-2022
    
    Date: 13-07-2022
    Business: None present for plaintiff.
    Adv. Mr. Khandagale for defendant/MCGM is present.
    Adjourned for hearing on application Exh. 2 to 07.09.2022.
    Next Purpose: HEARING
    Next Hearing Date: 07-09-2022
    
    Date: 07-09-2022
    Business: None present for the plaintiff.
    Adv. Mr. Khandagale for defendant/MCGM is present.  He is heard on the application exhibit 02.
    Adjourned for order on application exhibit 02 to 12.10.2022.
    Next Purpose: ORDER
    Next Hearing Date: 12-10-2022
    
    Date: 12-10-2022
    Business: None present for the plaintiff.
    Adv. Mr. Khandagale for defendant/MCGM is present.
    Court busy in recording evidence in SC 138/22.
    Adjourned for order below Exh. 2 to 18.11.2022.
                                                                                                     Judge
    Next Purpose: ORDER
    Next Hearing Date: 18-11-2022
    
    Date: 18-11-2022
    Business: None present for the plaintiff.
    Adv. Mr. Khandagale for defendant/MCGM is present.
    The Court is busy hearing on urgent by praecipe matters.
    Adjourned for Order on exhibit 02 to 25.01.2023.
    Next Purpose: ORDER
    Next Hearing Date: 25-01-2023
    
    Date: 25-01-2023
    Business: None present for the plaintiff.
    Adv. Mr. S.C. Khandagale for defendant/MCGM is present.
    KB LO at 03:54 pm.
    The Court is busy hearing on ad-interim matters in SU Nos. 231/2023, 232/2023 and ST No. 1104/2023.
    Adjourned for order exhibit 02 to 15.03.2023.
    Next Purpose: ORDER
    Next Hearing Date: 15-03-2023
    
    Date: 15-03-2023
    Business: Adv. Mr. N.K. Singh for the plaintiff is present. He informed that some Order is passed by the Hon\''ble High Court in this matter and requested for time to file the same. Time is granted.
    Adv. Mr. S.C. Khandagale for defendant/MCGM is present.
    Adjourned for compliance/Order on exhibit 02 to 28.04.2023.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 28-04-2023
    
    Date: 28-04-2023
    Business: None present for the plaintiff.
    Adv. Mr. G.O. Giri for defendant/MCGM is present.
    Adjourned for compliance/Order Exh. 02 to 05.07.2023.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 05-07-2023
    
    Date: 05-07-2023
    Business: Adv. Mr. N.K. Singh for the plaintiff is present and requested for time to verify the updates of proceeding. Time is granted.
    Adv. Mr. G.O. Giri for defendant/MCGM is present.
    Adjourned for compliance/Order Exh.2 to 07.08.2023.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 07-08-2023
    
    Date: 07-08-2023
    Business: Adv. Mr. N.K. Singh for the plaintiff is present and requested time to proceed with the matter. Time is granted.
    Adv. Mr. G.O. Giri for defendant/MCGM is present.
    Adjourned for compliance/steps to 20.10.2023.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 20-10-2023
    
    Date: 20-10-2023
    Business: None present for the plaintiff.
    Adv. Mr. G.O. Giri for defendant/MCGM is present.
    Adjourned for compliance/steps to 11.12.2023.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 11-12-2023
    
    Date: 11-12-2023
    Business: PO is on leave.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 10-01-2024
    
    Date: 10-01-2024
    Business: None present for the plaintiff to proceed with the matter.
    Adv. Mr. G.O. Giri for defendant/MCGM is present.
    Adjourned for dismissal to 17.02.2024.
    Next Purpose: DISMISSAL
    Next Hearing Date: 17-02-2024
    
    Date: 17-02-2024
    Business: None present for the plaintiff to proceed with the matter.
    Adv. Mr. Khandagale for defendant/MCGM is present.
    Adjourned for dismissal to 20.04.2024.
    Next Purpose: DISMISSAL
    Next Hearing Date: 20-04-2024
    
    Date: 20-04-2024
    Business: PO is on leave.
    Next Purpose: DISMISSAL
    Next Hearing Date: 29-06-2024
    
    Date: 29-06-2024
    Business: None present for the plaintiff to inform updates of proceeding, if any, before the Honble High Court and to proceed with the matter. Hence, the suit is posted for dismissal.
    Adv. Mr. Arvind Rathod for defendant/MCGM is present.
    Adjourned for dismissal to 17.08.2024.
    Next Purpose: DISMISSAL
    Next Hearing Date: 17-08-2024
    
    Date: 17-08-2024
    Business: Court is on leave
    Next Purpose: DISMISSAL
    Next Hearing Date: 21-09-2024
    
    Date: 21-09-2024
    Business: None present for the plaintiff to proceed with the matter.
    Adv. Mr. S.R. Yadav for defendant/MCGM is present.
    Adjourned for NM dismissal to 19.10.2024.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 19-10-2024
    
    Date: 19-10-2024
    Business: None present for the plaintiff. The matter is kept back. Adv. Mr. S.R. Yadav h/f Adv. Mr. Botlawar for defendant/MCGM is present. Later on 3.45 p.m.The appearance is as above. Order below Exhibit 2 01.Perused the application and record. The plaintiff is absent since last considerable time to proceed with the suit. The plaint averments, more preciously para Nos.7 and 8, are self-explanatory to conclude that initially, the Public Notice dtd. 29.10.2016 was issued pertaining to area, where the suit premises is situated, as regards removal of slums therefrom. It further appears that the plaintiff received the notice dtd. 25.11.2017, wherein the suit premises was numbered as 264 for rehabilitation. This itself shows that the suit premises is falling within the said structure, which were within 10 mtrs. from Tansa Pipe-line. Consequently, in view of the Order dtd. 16.12.2013, in WP (L) No. 2598/2013, this suit can not be entertained by this Court. Hence, the application (Exhibit 2) is allowed. Suitable Order follows below Exhibit 01.
    Order below Exhibit No. 01
          In view of the Order, passed below the application (Exhibit 2), the suit is disposed of as not maintainable, in the light of the Order dtd. 16.12.2013, in WP (L) No. 2598/2013. Hence, all the pending applications, along-with NM No. 2069/2018 and un-tendered registered NM No. 2815/2018 are filed. The parties to bear their own costs of litigation. Bill of costs be drawn-up accordingly.
    The Original documents 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. The proceeding is closed.
    Nature Of Disposal: OTHER
    Disposal Date: 19-10-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 106827/2018
    Filing Date: 10-05-2018
    First Hearing Date: 07th August 2018
    Decision Date: 19th October 2024
    Court Number And Judge: 11-COURT 11  ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    19 Oct 2024

    Order Details: Other Pdf Text: 19.10.2024 CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11) Sr. No. 32 SU 1850/18 NM 2815/18 NM 2069/18 None present for the plaintiff. The matter is kept back. Adv. Mr. S.R. Yadav h/f Adv. Mr. Botlawar for defendant/MCGM is present. Later on 3.45 p.m. The appearance is as above. Order below Exhibit 2 : 01. Perused the application and record. The plaintiff is absent since last considerable time to proceed with the suit. The plaint averments,…

    Read Full Order
    Order 1Full order available
    19 Oct 2024

    Order Details: Other Pdf Text: 19.10.2024 CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11) Sr. No. 32 SU 1850/18 NM 2815/18 NM 2069/18 None present for the plaintiff. The matter is kept back. Adv. Mr. S.R. Yadav h/f Adv. Mr. Botlawar for defendant/MCGM is present. Later on 3.45 p.m. The appearance is as above. Order below Exhibit 2 : 01. Perused the application and record. The plaintiff is absent since last considerable time to proceed with the suit. The plaint averments,…

    Read Full Order

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