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SUIT - SHORT CAUSE CIVIL SUIT

Mohd. Salim Aslam Sahikh +14 moreVsMunicipal Corporation of Greater Bombay

CNR MHCC0100640320184-COURT 04 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 05th August 2025

TrustJury record updated 13 Sept 2026

Case Overview

Registration Number
102486/2023
Registration Date
10 Oct 2023

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    16

    Acts & Sections

    2
    CODE OF CIVIL PROCEDURE · Sec O39 · R1and2
    Specific Relief Act · Sec 38 · 39

    Case History / Proceedings

    Case History
    Date: 24-01-2024
    Business: None present for plaintiff
    Advocate Mhatre h/f Suryavanshi  for defendant/BMC present.
    On perusal of record it appears that NM cum WS filed on 08.06.2018. Hence matter adjourned for hearing on issues
    Adjd  to  20.04.2024    for hearing on issues
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 20-04-2024
    
    Date: 20-04-2024
    Business: None present for plaintiff
    Advocate Mhatre for defendant/BMC present.
    Draft issues not filed. Hence matter adjourned.
    Adjd  to  20.07.2024    for  framing issues
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 20-07-2024
    
    Date: 20-07-2024
    Business: Advocate Sarita Donde for plaintiff present
    Advocate Waghmare h/f Botlawar  for defendant/BMC present.
    As Court is busy in Urgent matter, hence matter adjourned.
    Adjd  to  21.09.2024    for framing issues
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 21-09-2024
    
    Date: 21-09-2024
    Business: PO is on leave, hence board is discharged and matter is adjourned
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 05-10-2024
    
    Date: 05-10-2024
    
    Date: 16-11-2024
    Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
    None present for plaintiff
    Adv. Santosh Yadav  for defendant/BMC  present.
    As Court is busy in Targeted matter and judgment in Suit No. 1908/2016 and 1909/2016. Hence matter adjourned.
    Adjd  to   21.12.2024 for framing of issues
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 21-12-2024
    
    Date: 21-12-2024
    Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
    None present for plaintiff
    Advocate Nagarthawar   for defendant/BMC present.
    As Court is busy in argument in Targeted matters suit No. 5035/2004 and 2024/2008 and judgment in suit No. 123/13. hence due to paucity of time matter adjourned
    Adjd  to 01.03.2025  for framing of issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 01-03-2025
    
    Date: 01-03-2025
    Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
    None present for the plaintiff. Adv. Ms. Sujata Puri for defendant/ MCGM is present. The record shows that although, the matter is posted for framing of issues, the NM-cum-written statement (Exhibit 2), filed by defendant/MCGM as per roznama dated 08.06.2018, is not forthcoming on record. Further, it seems that on the same day, the plaintiff tendered NM No. 2070/2018, which is also not found on record. After searching on CIS, it reveals that the said NM was tendered in Suit No. 3142/2018 (St. No. 6952/2018) in C.R.No. 8. It further seems that the said NM was disposed of on 02.07.2018 (Contested), whereas the said suit came to be disposed of on 23.07.2018 (Uncontested) in C.R.No. 8. More so, it appears that the said suit was filed by Mrs. Sulochana Sitaram Khamkar. Thus, it is clear that there seems some apparent mistake while posting this matter for framing of issues. Hence, the parties are called upon to verify their sides and to make the statement in this behalf.
    Adjourned for Steps to 17.06.2025.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 17-06-2025
    
    Date: 17-06-2025
    Business: None present for plaintiff
    Adv. Ms. Pooja Nagarthawar for defendant No.1/MCGM is present.
    Adjourned for taking steps to 05.08.2025.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 05-08-2025
    
    Date: 05-08-2025
    Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
    None present for the plaintiff.
    Adv. Ms. Rupali Patil for defendant/MCGM is present.
    Kept Back
    Resume at about 1:30 p.m.
    None present for the plaintiff.
    Adv. Ms. Rupali Patil for defendant/MCGM is present.
    Order below Exhibit No. 01:
                  The record shows that the plaintiffs are absent to proceed further with the matter since last considerable time and hence, it is posted for steps/dismissal order. Even today, they are absent and hence, the suit was kept back for his appearance, but in vain. Nor, any stay order is communicated on record. The suit is more than 02 years old. It is, thus, clear that they are not worried to proceed further with the suit. In the result, the suit is dismissed for want of prosecution U/O. IX, Rule 8 of the C.P. C.,1908. All the pending applications are filed. The parties to bear their own costs of litigation. Bill of costs be drawn-up accordingly.
                The Original documents filed, if any, 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: DISMISSED
    Disposal Date: 05-08-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 106966/2018
    Filing Date: 17-05-2018
    First Hearing Date: 24th January 2024
    Decision Date: 05th August 2025
    Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    05 Aug 2025

    Order Details: Other Pdf Text: 16 Dt:05.08.2025 SU 2486/23 CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04) None present for the plaintiff. Adv. Ms. Rupali Patil for defendant/MCGM is present. Kept Back Resume at about 1:30 p.m. None present for the plaintiff. Adv. Ms. Rupali Patil for defendant/MCGM is present. Order below Exhibit No. 01: The record shows that the plaintiffs are absent to proceed further with the matter since last considerable time and hence, it is posted…

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    Order 1Full order available
    05 Aug 2025

    Order Details: Other Pdf Text: 16 Dt:05.08.2025 SU 2486/23 CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04) None present for the plaintiff. Adv. Ms. Rupali Patil for defendant/MCGM is present. Kept Back Resume at about 1:30 p.m. None present for the plaintiff. Adv. Ms. Rupali Patil for defendant/MCGM is present. Order below Exhibit No. 01: The record shows that the plaintiffs are absent to proceed further with the matter since last considerable time and hence, it is posted…

    Read Full Order

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