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SUIT - SHORT CAUSE CIVIL SUIT

Madan Mohan KushwalaVsMCGM

CNR MHCC01006548201811-COURT 11 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 11th February 2021

TrustJury record updated 13 Sept 2026

Case Overview

Registration Number
101483/2018
Registration Date
30 May 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Respondent

    1. 1MCGM

    Acts & Sections

    1
    Hindu Marriage Act · Sec 34 · 38

    Case History / Proceedings

    Case History
    Date: 31-07-2018
    Business: Court is vacant. Hence today board is discharged
    Next Purpose: DIRECTIONS
    Next Hearing Date: 17-09-2018
    
    Date: 17-09-2018
    Business: PO is on leave.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 19-11-2018
    
    Date: 19-11-2018
    Business: Advocate Mr. Kudalkar for Plaintiff present and submitted that, Plaintiff is seeking time to file affidavit of service of writ of summons, t.o.r.  Learned advocate for Plaintiff tendered disposed Notice of Motion no.2030/18 with affidavit in support, t.o.r.
    Advocate for BMC/Deft present.
    Case is adjourned to 06/02/2019 for Service of writ of summons.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 06-02-2019
    
    Date: 06-02-2019
    Business: Court is busy in dictating Judgment in Suit no. 2290/15 and other urgent matters and hear argument in respect of ad-interim in suit 2050/18, hence case is adjourned to 08.04.2019.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 08-04-2019
    
    Date: 08-04-2019
    Business: Adv. Jain h/f Adv. Kudalkar for plaintiff present and filed duplicate writ of summons. TOR.
    Adv. Ms. Tondwalkar for MCGM/Deft present.
    Adv. Ms. Tondwalkar sought time to file WS.
    Adjd. To 03/05/2019 for WS.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 03-05-2019
    
    Date: 03-05-2019
    Business: Advocate Jain h/f adv. Kudalkar for plaintiff present.
    Advocate Ms.Tondwalkar for defendant/MCGM present and sought time to file written statement. Time is granted.
    The Case is adjd. To 24.07.2019  for  W/S.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 24-07-2019
    
    Date: 24-07-2019
    Business: Court is on leave. Hence today board is discharged.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 11-09-2019
    
    Date: 11-09-2019
    Business: As Court is busy in recording evidence in suit no. 9349/93 and in suit no. 7328/04. The board of morning session is discharged.
    The case is adjourned to 18.11.2019 for Written Statement.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 18-11-2019
    
    Date: 18-11-2019
    Business: Court is on leave.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 08-01-2020
    
    Date: 08-01-2020
    Business: None for plaintiff present.
    Adv. Mrs. Chavhan for deft./MCGM present, prayed for adjd to file W.S.
    Matter is adjd. for W.S. on 22.04.2020.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 22-04-2020
    
    Date: 22-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 13-05-2020
    
    Date: 13-05-2020
    Business: National Lockdown
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 02-06-2020
    
    Date: 02-06-2020
    Business: National Lockdown
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 19-06-2020
    
    Date: 19-06-2020
    Business: Adjd. to
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 11-08-2020
    
    Date: 11-08-2020
    Business: adjd.to
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 28-10-2020
    
    Date: 28-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 16-01-2021
    
    Date: 16-01-2021
    Business: None present for plaintiff.
    Adv. Tondwalkar for deft./MCGM present.
    Matter is adjd. to 04/02/2021 for Written Statement.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 04-02-2021
    
    Date: 04-02-2021
    Business: Adv. Mr. Kudalkar for plaintiff present.
    Adv. Ms. Tondwalkar for deft./MCGM present and requested short time to file w/s.
    Matter is adjourned for W/s to 11.02.21.
                                                                                   Judge
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 11-02-2021
    
    Date: 11-02-2021
    Business: Adv. Mr. Kudalkar for plaintiff present.
    Adv. Ms. Tondwalkar for deft./MCGM present.
    Suit is for filing written statement of defendant.
    Heard both the parties.
    By order dated 30.05.2018 my Ld. Predecessor noted that from the order passed by Hon\''ble High Court on 14.06.2017 that opportunity of being heard was to be given to all affected persons. It further noted that in view of principle of natural justice and in view of submissions it is just in the interest of justice it give one more last opportunity to the plaintiff prior to demolition. The defendant was also directed to consider the reply and documents produced by plaintiff and then pass speaking order. At that time the notice of motion was disposed of by this direction.
    Ms. Tondwalkar advocate for defendant MCGM has submitted that the designated officer has called the remarks from other departments. Till yet remarks are not received and speaking order is not passed.
    Therefore, in view of submissions of both the parties and the specific order of this court dated 30.05.2018 and the directions of the Hon\''ble High Court on 14.06.2017 in Writ petition no. 737/2016 opportunity of being heard is to be given to the plaintiff. Hence, both the parties are directed to comply the earlier order dated 30.05.2018. Till then defendant corporation is directed not to take any coercive action in respect of the suit premises and in case of adverse order two weeks thereafter. In view of this suit is disposed of. Proceeding is closed.
    Authenticated copy of rozanama be given to the parties.
                                                                                   Judge
    Nature Of Disposal: DISMISSED
    Disposal Date: 11-02-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 107156/2018
    Filing Date: 29-05-2018
    First Hearing Date: 31st July 2018
    Decision Date: 11th February 2021
    Court Number And Judge: 11-COURT 11  ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    11 Feb 2021

    Order Details: Other Pdf Text: Order below Suit nos. 1473/2018 to 1484/2018. Adv. Mr. Kudalkar for plaintiff present. Adv. Ms. Tondwalkar for deft./MCGM present. Suit is for filing written statement of defendant. Heard both the parties. By order dated 30.05.2018 my Ld. Predecessor noted that from the order passed by Hon'ble High Court on 14.06.2017 that opportunity of being heard was to be given to all affected persons. It further noted that in view of principle of natural justice and…

    Read Full Order
    Order 1Full order available
    11 Feb 2021

    Order Details: Other Pdf Text: Order below Suit nos. 1473/2018 to 1484/2018. Adv. Mr. Kudalkar for plaintiff present. Adv. Ms. Tondwalkar for deft./MCGM present. Suit is for filing written statement of defendant. Heard both the parties. By order dated 30.05.2018 my Ld. Predecessor noted that from the order passed by Hon'ble High Court on 14.06.2017 that opportunity of being heard was to be given to all affected persons. It further noted that in view of principle of natural justice and…

    Read Full Order

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