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SUIT - SHORT CAUSE CIVIL SUIT

Lakhamshi J. Shah +2 moreVsBMC +4 more

CNR MHCC0100667720194-COURT 04 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 11th September 2025

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
102317/2019
Registration Date
20 Aug 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    8

    Acts & Sections

    1
    Hindu Marriage Act · Sec 38 · 39

    Case History / Proceedings

    Case History
    Date: 15-10-2019
    Business: Adv. Mr. Neel Gala for Plaintiff present and tendered draft N/M @ affidavit in support.  T.O.R.
    O - Leave is granted to register.
    Copy served to other side.
    Adv. Patil h/f. Adv. Mrs. Hajare for MCGM/Deft. present.
    Adjd to 14.11.2019  for N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 14-11-2019
    
    Date: 14-11-2019
    Business: Adv. Neel Gala for plff present and tendered original registered NM No. 4012/19 alonghwith affidavit in support.
    Adv. Mrs. R.M. Hazare for Deft No. 1 to 4/MCGM present.
    None for defendant No.5.
    On oral request of advocate for Defendant No. 1 to 4, adjournment granted as last chance.
    Adjd. to 09/01/2020 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 09-01-2020
    
    Date: 09-01-2020
    Business: Adv.Mr. Nill Gala   for plaintiff present.
    Adv. Mrs. Hajare for MCGM/Deft. no. 1 to 4 present.
    Exh. 1 - Plaint
    Exh. 2 - Vakalatnama.
    Exh. 3 - Memo of Address.
    Exh. 4 - List of documents.
    Adv. Mr. Nair h/f Mr. G. S. Bhat for defendant no. 5 present and filed VP, t.o.r. and marked as Exh. 5.
    On oral request of advocate for Defendant no. 5, adjournment granted as last chance with direction to all defendants to file N/M reply on next date. On oral request of adv. for plaintiff, time is granted to serve writ of summons on defendants.
    Adjd to 28/02/2020 for N/M reply/ service of writ of summons.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 28-02-2020
    
    Date: 28-02-2020
    Business: Adv.Neel Gala for plaintiff present and tendered  NM rejoinder 4012/19. copy is served to other sides.
    Adv. Mrs. Hajare for MCGM/Deft. No.1 to 4 present.
    Adv. Babu for defendant No.5 present and filed reply NM4012/19 and he also file W/S. t.o.r. at Exh-6. Copy is served to other side.
    On oral request of advocate for Defendant No.1 to 4 adjournment granted.
    On oral request of adv. of plaintiff time is extended for service of W/S.
     Matter adjd to 16.06.2020 for reply to NM.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-06-2020
    
    Date: 16-06-2020
    Business: Addj to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 20-10-2020
    
    Date: 20-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 05-01-2021
    
    Date: 05-01-2021
    
    Date: 18-03-2021
    Business: Adv. Pankaj Shah h/f Adv. Neel Gala for plaintiff present and submits that family member of advocate Neel Gala is suffering from Covid-19.
    Adv. Ms. Hazare for deft no.1 to 4/MCGM present.
    Adv. Bhat for deft no.5 present.
    Matter adjd to 27/04/2021 for NM Reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 27-04-2021
    
    Date: 27-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 03-08-2021
    
    Date: 03-08-2021
    Business: None for plaintiff\''s.
    Adv Rawade h/f Adv Smita Chavan for defendant nos.1 to 4 / MCGM present.
    Adv Baboo h/f Adv G.S. Bhat for defendant no.5 present.
    Adv for defendant nos.1 to 4 /MCGM requests for time to file reply to NM. Time is granted till next date.
    Adjd. To 23/09/2021 for filing reply by defendant nos.1 to 4/ MCGM.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 23-09-2021
    
    Date: 23-09-2021
    Business: Adv Neel Gala for plaintiff present.
    Adv Smita Chavan for defendant nos.1 to 4/ MCGM present  and requests for time to file reply to NM. Time is granted till next date.
    Adv Bhat for defendant no.5 present.
    Adjd. To 16/11/2021 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-11-2021
    
    Date: 16-11-2021
    Business: Adv. Neel Gala for Plaintiff present.
    Adv Mrs Rawade h.f. Adv. Chavan for defendant nos. 1 to 4 / MCGM present and seeks time to file reply to NM. Time is granted as a last chance. Sufficient chances given to deft. No. 1 to 4/MCGM to file reply to NM. Therefore, adjournment is lastly granted to file reply to NM.
    Adv. Bhat for Defendant No.5 present.
    Matter is adjd to 14/12/2021 for filing reply to NM by Defendant No. 1 to 4.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 14-12-2021
    
    Date: 14-12-2021
    Business: Adv Neel Gala for plaintiff present.
    Adv Smita Chavan for defendant nos.1 to 4/ MCGM present and requests for time to file reply to NM. On the last date, conditional order was passed and defendant nos.1 to 4 directed to file reply to NM. Adjournment was granted as a last chance, but today defendant nos.1 to 4/ MCGM not filed the reply and seeks short date. Considering the fact that sufficient chances were given to the defendant to file reply, hence matter be kept for NM hearing without reply by defendant nos.1 to 4. \''\''No Say order passed against defendant nos.1 to 4 / MCGM.\''\''
    None for defendant no.5.
    Adjd. To 11/01/2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-01-2022
    
    Date: 11-01-2022
    Business: In view of office order no.7/2022 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.
    Adjd. To 24/03/2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-03-2022
    
    Date: 24-03-2022
    Business: Adv Neha Mishra h/f Adv Neel Gala for plaintiff present and requests for time to argue on NM. Time is granted till next date.
    Adv Mrs Smita Chavan for defendant nos.1 to 4 / MCGM present.
    Adv Bhat for defendant no.5 present.
    Adjd. To 26/04/2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-04-2022
    
    Date: 26-04-2022
    Business: Adv. Nil Gala for plaintiff present.
    Adv. Chavan for deft no.1 to 4 /MCGM present.
    Adv. Babu h/f Adv. G.S Bhat for deft no. 5 present.
    Adjd. To 07-07-2022 for Nm hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-07-2022
    
    Date: 07-07-2022
    Business: Adv. Neel Gala for plaintiff present.
    Adv. Mrs. Chavan for defendant Nos. 1 to 4/ MCGM is present.
    Adv. G. S. Bhat for deft. No. 5
    On oral request of Adv. for plaintiff for taking steps, matter is adjourned till next date.
    Adjd. to 23/08/2022 for taking steps by plaintiff/ N/M hrg.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 23-08-2022
    
    Date: 23-08-2022
    Business: Adv. Shreya Mehta h/f Adv. Neel Gala for plaintiff present and requested for longer date for taking steps. Time is granted till next date.
    Adv. Mrs. Chavan for defendant Nos. 1 to 4/ BMC is present.
    None deft. No. 5.
    Adjd. to 06/10/2022 for taking steps by plaintiff/ N/M hrg.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 06-10-2022
    
    Date: 06-10-2022
    Business: Adv. Shruti Jain for plaintiff present.
    Adv. Mrs. Rawade h/f Adv. Mrs. Chavan for defendant Nos.1 to 4/ BMC is present.
    Adv. G. S. Bhat for deft. No.5. present.
    K.B.
    L.O.
    Adv. Neel Gala for plaintiff present and tendered additional affidavit, TOR.
    Issued copy to deft. No.5 and deft. Nos.1 to 4/BMC.
    Rest of the same appearance.
    Adjd. to 20/10/2022 for deft.\''s reply.
    Next Purpose: REPLY
    Next Hearing Date: 20-10-2022
    
    Date: 20-10-2022
    Business: As Court is on leave today, board is discharged and matter is adjourned.
    Next Purpose: REPLY
    Next Hearing Date: 24-11-2022
    
    Date: 24-11-2022
    Business: As Court is busy in hearing urgent ad-interim relief of C.R. No.4 and 11, board is discharged.
    Adjd. to 20/12/2022 for deft\''s reply.
    Next Purpose: REPLY
    Next Hearing Date: 20-12-2022
    
    Date: 20-12-2022
    Business: Court is on leave.
    Next Purpose: REPLY
    Next Hearing Date: 02-02-2023
    
    Date: 02-02-2023
    Business: Adv. Neel Gala for plaintiff present.
    Adv. Mrs. Chavan for defendant Nos.1 to 4/ BMC is present.
    Adv. Babu h/f Adv. Bhat for deft No.5 present and tendered additional reply, TOR. Copy is supplied to other side.
    Adv. for plaintiff tendered rejoinder to additional reply of deft. No.5, TOR. Copy is supplied to other side.
    Adjd. to 14/03/2023 for N/M hrg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-03-2023
    
    Date: 14-03-2023
    Business: Adv. Neel Gala for plaintiff present and requested for time to argue on NM. Time is granted.
    Adv. Mhatre  for defendant no. 1 to 4/ BMC is present.
    Adv. Baboo h.f. Adv. G.S. Bhat for defendant no.5 present.
    Adjd. to 11/04/2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-04-2023
    
    Date: 11-04-2023
    Business: Adv. Neel Gala  for plaintiff is present.
    Adv. Ms. Mhatre for defendant no. 1 to 4 / BMC is present.
    Adv. Babu h.f Adv. Bhatt for defendant no.5 is present.
    KB
    LO
    Adv. Bhatt for defendant no. 5 present.
    Rest of the same appearance.
    Heard advocate for plaintiff on NM no. 4012/2019 and adjourned for argument of defendant.
    Adjd. to 27.04.2023 for defendants NM hearing at 12.30 P.M.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-04-2023
    
    Date: 27-04-2023
    Business: At 12.30 P.M.
    Adv. Neel Gala for plaintiff present.
    Adv. Mhatre for defendant no. 1 to 4 / BMC is present.
    Adv.  G.S. Bhat for defendant no.5 is present.
    Heard advocates for both defendant and reply argument of advocate for plaintiff on NM No. 4012/2019.
    Adv. for defendant no.5 filed pursis TOR and marked as Exh-7. Copy supplied to Adv. for plaintiff.
    Adjd. to 06.05.2023 for NM order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 06-05-2023
    
    Date: 06-05-2023
    Business: Advocate Mr. Neel Anil Gala for plaintiff present and tendered pursis TOR and marked as Exh-8. O- Read and Recorded.
    Adv Ms. Mhatre for defendant no. 1 to 4/ BMC is present.
    Adv. G.S. Bhat for defendant no.5 is present.
    Adjd. to 11.05.2023 for NM order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 11-05-2023
    
    Date: 11-05-2023
    Business: None present for plaintiff.
    None present for defendant no. 1 to 4.
    Adv. Mr. Bhat for defendants no. 5 is present.
    Adjd. to 06.06.2023 for NM order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 06-06-2023
    
    Date: 06-06-2023
    Business: Adv. Neel Gala for plaintiff present.
    Adv. Ms. Mhatre  for defendant No. 1 to 4/ BMC is present.
    Adv. Bhat for defendant  No.5  present.
    FRSR following order is passed on Notice of Motion No. 4012/2019
    ORDER
    1. Notice of Motion No. 4012/2019 is dismissed
    Adjd. to 22.08.2023  for NO WS order against defendant No. 1 to 4
    Next Purpose: ORDER
    Next Hearing Date: 22-08-2023
    
    Date: 22-08-2023
    Business: Advocate Pritesh Parmar i/b Adv. Neel Gala for plaintiff present.
    Advocate Mhatre for defendant No. 1 to 4/BMC present.
    None present for def No. 5
    Suit is of year 2019 and defendant No. 1 and 4 not filed written statement and suit to proceed without WS of defendant No. 1 to 4 matter adjourned for hearing on issues.
    Adjd to 21.11.2023 for hearing on issues
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 21-11-2023
    
    Date: 21-11-2023
    Business: Advocate Archana Jha h/f Neel Gala  for plaintiff present.
    Advocate Mhatre for defendant No. 1 to 4/BMC present.
    Adv. Babu h/f G. S.Bhat for deft No. 5 present.
    Adjd  to 20.01.2024  for  framing of issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 20-01-2024
    
    Date: 20-01-2024
    Business: Advocate Pritesh Parmar h/f Neel Gala for plaintiff present.
    Advocate Mhatre for defendant No.1 to 4/BMC present.
    None present for deft No. 5
    Exh. 9    Issues are framed.
    Adjd  to  26.03.2024   for list of witness and R.E.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 26-03-2024
    
    Date: 26-03-2024
    Business: Advocate Pritesh A. Parmar h/f Neel Gala for plaintiff present and requested time to file evidence. Hence matter adjourned.
    Advocate Mhatre for defendant No. 1 to 4/BMC present.
    Adv. Babu for deft No. 5 present.
    Adjd  to  09.07.2024  for plaintiff evidence/R.E.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 09-07-2024
    
    Date: 09-07-2024
    Business: Advocate Pritesh Parmar for plaintiff present.
    Advocate Metakari for defendant/BMC present.
    Advocate for plaintiff is searching for original documents and requested for adjournment.
    Adjd  to  13.08.2024 for plaintiffs evidence/R.E.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 13-08-2024
    
    Date: 13-08-2024
    Business: Advocate Kaivalya Raut h/f  Neel Gala for plaintiff present and requested time to file evidence. Hence matter adjourned.
    Advocate  Botlawar  for defendant No. 1 to 4/BMC present.
    None present for deft No. 5.
    Adjd  to  26.09.2024  for plaintiff evidence/R.E.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 26-09-2024
    
    Date: 26-09-2024
    Business: Advocate Gomathi Kumar h/f Neel Gala for plaintiff present.
    Advocate  Nagarthawar      for defendant No. 1 to 4/BMC present.
    None present for D-5
    Adjd  to  07.11.2024     for plaintiff evidence/R/E.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 07-11-2024
    
    Date: 07-11-2024
    Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
    Advocate  Kaivailya Raut h/f Gala for plaintiff present and seeking time to file evidence. Hence matter adjourned.
    Advocate Nagarthawar  for defendant/BMC present.
    Adjd  to 12.12.2024   for plaintiff evidence/R.E
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 12-12-2024
    
    Date: 12-12-2024
    Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
    Advocate Gomathi Rajan Chettiyar h/f  for plaintiff present.
    Advocate   Nagarthawar   for defendant/BMC present.
    Adjd  to  21.01.2025    for plaintiff evidence/R.E.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 21-01-2025
    
    Date: 21-01-2025
    Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
    Adv. Ms. Gomathi Chettiyar h/f Adv. Mr. Neel Gala for the plaintiff is present and sought time to lead evidence. Time is granted strictly as a last chance. Adv. Ms. Pooja Nagarthawar for defendant/MCGM is present.
    Adjourned for RE..to 11.03.2025.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 11-03-2025
    
    Date: 11-03-2025
    Business: P. O. is on leave. Hence, matter is adjourned.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 17-06-2025
    
    Date: 17-06-2025
    Business: CORAM : H.H.J. SHRI. A.A LAULKAR (C.R. No. 04)
    Adv. Ms. Gomati Chettiyar h/f Adv  Mr.Neel Gala for the plaintiff is present.
    Plaintiff is absent
    Adv. Mr. Swapnil Bharti for defendant/MCGM is present.
    Adjourned for RE to 17.07.2025.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 17-07-2025
    
    Date: 17-07-2025
    Business: P. O. is on leave. Hence, Matter is adjourned.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 11-09-2025
    
    Date: 11-09-2025
    Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
    The plaintiffs are present in persons.
    Adv. Mr. Kaivailya Raut h/f Adv. Neel Gala for the plaintiff is present and tendered withdrawal pursis along-with authority letter of the plaintiff Taken on record. It is marked as Exhibit 10 (Colly). O- Seen.
    Adv. Ms. Pooja Nagarthawar for defendant/MCGM is present.
    Adv. Mr. G.S. Bhatt for defendant No. 4 is present.
    The plaintiffs are informed that they are not willing to proceed with the suit and wants to withdraw the same.
     O- Considering the reasons, as the plaintiffs are not willing to proceed with the matter, they are permitted to withdraw the suit. The suitable order follows below Exhibit 1.
    Order below Exhibit 1:
    	In view of the Order on the application (Exhibit 10) (Colly), the suit stands disposed of as withdrawn unconditionally by the plaintiffs. All the pending applications are, therefore, filed. The plaintiffs to bear costs of this suit. Bill of costs be drawn-up accordingly. Court fees refunded as per rules.
    	The Original documents, if any, 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: WITHDRAWL
    Disposal Date: 11-09-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 107162/2019
    Filing Date: 01-07-2019
    First Hearing Date: 15th October 2019
    Decision Date: 11th September 2025
    Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    11 Sept 2025

    Order Details: Other Pdf Text: 14 Dt:11.09.2025 SU 2317/19 Exhibit 10 ( Colly) CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04) The plaintiffs are present in persons. Adv. Mr. Kaivailya Raut h/f Adv. Neel Gala for the plaintiff is present and tendered withdrawal pursis along-with authority letter of the plaintiff Taken on record. It is marked as Exhibit 10 (Colly). O- Seen. Adv. Ms. Pooja Nagarthawar for defendant/MCGM is present. Adv. Mr. G.S. Bhatt for defendant No. 4…

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