SUIT - SHORT CAUSE CIVIL SUIT
Smt. Varsha Shantilal SavlaVsMCGM
CNR MHCC01006703201811-COURT 11 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 17th December 2022
TrustJury record updated 13 Sept 2026
Case Overview
- Registration Number
- 101397/2018
- Registration Date
- 11 Jun 2018
Advocates
1For Petitioner
For Respondent
Not available
Parties
2Petitioner
Respondent
- 1MCGM
Acts & Sections
2Hindu Marriage Act · Sec 39
Protection of Women from Domestic Violence Act · Sec 9
Case History / Proceedings
Case History
Date: 15-06-2018
Business: By precipe
Adv Manojkumar Upadhye for plaintiff present and filed draft NM alongwith affidavit t.o.r.
O- Leave is granted.
Adv Tondwalkar for the def/BMC present.
Adjourned to 20.06.2018 for NM hearing.
Next Purpose: DIRECTIONS
Next Hearing Date: 20-06-2018
Date: 20-06-2018
Business: Court is on leave.
Next Purpose: DIRECTIONS
Next Hearing Date: 22-06-2018
Date: 22-06-2018
Business: Plaintiff and adv absent.
Adv Tondwalkar for def/BMC present.
KB
LO at 5.00 pm
Adv Manojkumar Upadhay for the plaintiff present and filed list of document t.o.r. Exh.2.
Adv Tondwalkar for def/BMC present.
Heard both the sides.
Adv for the plaintiff served copy to BMC.
Directions given to concerned officer of BMC who has issued the notice to remain present before the Court on next date.
Adjourned to 25.06.2018 for ad interim hearing.
Next Purpose: DIRECTIONS
Next Hearing Date: 25-06-2018
Date: 25-06-2018
Business: Adv Vikas Dubey h/f adv Upadhay for plaintiff present.
Adv Hajare h/f adv Tondwalkar for def/BMC present.
KB
LO at 4.05 pm
Adv Upadhay for the plaintiff present.
Adv Hajare h/f adv Tondwalkar for def/BMC present.
The concerned officer of S-ward BMC absent to give explanation thats why they disconnect the water supply of the structure of plaintiff without issuing any notice under MMC Act to him till date.
Directions given to BMC till then not to take any coercive action against the plaintiff\''s structure.
Adjourned to 02.07.2018 for ad interim hearing.
Next Purpose: DIRECTIONS
Next Hearing Date: 02-07-2018
Date: 02-07-2018
Business: Adv Vikas Dubey for plaintiff present and filed original NM No.2431/18 alongwith affidavit t.o.r.
Adv Tondwalkar for def/BMC present.
Mr. S R Mudape, Jr. Engineer, S-ward, BMC present.
He submits that we have issued notice to Pravin Kunj and Sharad Villa as both the buildings are in dilapidated condition and therefore we have disconnected the electric connection of Pravin Kunj. Till date we have neither given any notice to the plaintiff nor connected water supply or any connection. We have not directly disconnected the water supply of the plaintiff. As the defendant not served notice to plaintiff and they also not disconnected therefore there is no question of ad-interim if the plaintiff illegally took the water supply from the Pravin Kunj building.
Adjourned to 30.07.2018 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-07-2018
Date: 30-07-2018
Business: Court is vacant. Hence today board is discharged
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-09-2018
Date: 24-09-2018
Business: Advocate for Plaintiff
Advocate Ms. Tondvalkar for BMC/Deft. present.
Court is busy in hearing urgent application and Notice of Motion as well as dictating order on Notice of Motion in suit no.1714/18 and 1407/18, hence board is discharged and case is adjourned to 15/10/2018.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-10-2018
Date: 15-10-2018
Business: Court is busy in hearing arguments and dictating orders on NM nos.143/09, 3802/18 and 1791/17 as well as hearing argument on Notice of Motion in suit no.1320/15, hence board is discharged and case is adjourned to 07/12/2018.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-12-2018
Date: 07-12-2018
Business: Court is busy in hearing Chamber Summons in suit no.4844/2009 and court has to hear urgent matters, hence case is adjourned to 28/01/2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-01-2019
Date: 28-01-2019
Business: None present for Plaintiff.
Advocate for BMC/Deft present and sought time to file reply to NM. Granted.
Case is adjourned to 01/04/2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-04-2019
Date: 01-04-2019
Business: None present for Plaintiff.
Advocate Ms. Tondwalkar for BMC/Deft present and sought time to file NM reply. Considering submissions adjourned.
Case is adjourned to 15/07/2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-07-2019
Date: 15-07-2019
Business: As Court is on half day leave. The board is discharged.
The case is adjourned to 14.08.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-08-2019
Date: 14-08-2019
Business: None for plaintiff.
Advocate Giri for defendant/MCGM present and sought time. Time is granted.
The case is adjourned to 14.10.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-10-2019
Date: 14-10-2019
Business: None for plaintiff.
Advocate Ms. Chavan for defendant/MCGM present and sought time. Time is granted.
The case is adjourned to 15.01.2020 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-01-2020
Date: 14-10-2019
Business: None for plaintiff.
Advocate Ms. Chavan for defendant/MCGM present and sought time. Time is granted.
The case is adjourned to 15.01.2020 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-01-2020
Date: 15-01-2020
Business: None for plaintiff present.
Adv. Mrs. Tondawalkar for deft./MCGM present, prayed for adjd to file reply.
Matter is adjd. for NM reply on 08.04.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-04-2020
Date: 08-04-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-04-2020
Date: 20-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-05-2020
Date: 11-05-2020
Business: National Lockdown
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-05-2020
Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-06-2020
Date: 17-06-2020
Business: Adjd. to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-07-2020
Date: 23-07-2020
Business: Adjd. to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-09-2020
Date: 25-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-11-2020
Date: 07-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-01-2021
Date: 22-01-2021
Business: None present for plaintiff.
Adv. Ms. Mhatre h/f Ms. Tondwalkar for deft./MCGM present and requested short time to file reply.
Matter is adjourned for NM reply to 20.03.21.
Judge
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-03-2021
Date: 20-03-2021
Business: Plaintiff and her advocate absent.
Adv. Tondavalkar for deft./MCGM present.
Roznama shows that from 02/07/2018 the officer Mr. S. R. Mudape, Jr. Engineer, S. Ward made statement that the defendant corporation gave notice to the buildings Pravin Kunj and Sharad Villa as the said buildings are in dilapidated condition. The corporation have disconnected the electricity connection of Pravin Kunj building. Till date the defendant corporation has not given any notice to the plaintiff and also not disconnected water supply of the plaintiff. Accordingly ad-interim relief was refused. Roznama further shows that thereafter plaintiff and her advocate remained absent. Hence notice of motion No. 2431/2018 is dismissed.
Matter is adjourned for W/S to 10/06/2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-06-2021
Date: 10-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-07-2021
Date: 29-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-09-2021
Date: 18-09-2021
Business: Court is Vacant. Matter adj. to next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-11-2021
Date: 09-11-2021
Business: Court is Vacant. Matter is adj. to next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-12-2021
Date: 09-12-2021
Business: Court is on leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-01-2022
Date: 25-01-2022
Business: None for the plaintiff is present.
Adv. Ms. Mhatre for defendant /MCGM is present.
Adv. for defendant orally requested for time to file WS. Granted.
Adjourned for WS to 08.03.2022.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 08-03-2022
Date: 08-03-2022
Business: None present for plaintiff.
Adv. Ms. J.V. Mhatre for defendant/MCGM is present and orally requested for time to file WS. Sufficient time is already granted. Hence, this request is discarded and it is posted for no WS order.
Matter adjourned for No WS order to 29.03.2022.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 29-03-2022
Date: 29-03-2022
Business: None present for plaintiff.
Adv. Mr. Khandagale h/f Adv. Mhatre for defendant/MCGM is present and orally requested for time to file WS. Sufficient time is already granted. Hence, this request is discarded. The suit is proceeded without WS of the defendant.
Adjourned for filing affidavit of document (No WS) to 16.07.2022.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 16-07-2022
Date: 16-07-2022
Business: None present for plaintiff.
Adv. Mrs. J. V. Mhatre for defendant/MCGM is present.
Adjourned for filing affidavit of documents (No WS) to 06.09.2022.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 06-09-2022
Date: 06-09-2022
Business: None present for plaintiff to proceed with the matter.
Adv. Mrs. J.V. Mhatre for defendant/MCGM is present.
Adjourned for dismissal orders (No WS) to 18.10.2022.
Next Purpose: DISMISSAL
Next Hearing Date: 18-10-2022
Date: 18-10-2022
Business: None is present for the plaintiff to proceed with the matter
Adv. J.V. Mhatre for defendant/MCGM is present.
Adjourned for dismissal order to 17.12.2022.
Next Purpose: DISMISSAL
Next Hearing Date: 17-12-2022
Date: 17-12-2022
Business: Even today, none present for the plaintiff. The matter is KB.
Adv. Mrs. J.V. Mhatre for defendant/MCGM is present.
Order below exhibit No. 01:
The record shows that the plaintiff is absent to proceed further with the matter since last considerable time and therefore, it is posted for dismissal order. The suit is about 5 years old. Nor, any stay order is communicated on the record. It is, thus, clear that she is not interested to proceed further with the suit. In the result, the suit stands dismissed for want of prosecution on her behalf in view of Order IX Rule 8 of the C.P.C., 1908. All the pending applications are filed. The parties are called upon to bear their own costs of litigation. Bill of costs be drawn-up accordingly. The proceeding stands closed.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 17-12-2022Additional Case Details
Additional Case Details
Filing Number: 107385/2018 Filing Date: 05-06-2018 First Hearing Date: 15th June 2018 Decision Date: 17th December 2022 Court Number And Judge: 11-COURT 11 ADDL SESSIONS JUDGE
Orders
2Final Order 117 Dec 2022
17 Dec 2022
Order Details: Other Pdf Text: 17.12.2022 Sr. No. 16 CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11) SU 1397/18 Even today, none present for the plaintiff. The matter is KB. Adv. Mrs. J.V. Mhatre for defendant/MCGM is present. Order below exhibit No. 01: The record shows that the plaintiff is absent to proceed further with the matter since last considerable time and therefore, it is posted for dismissal order. The suit is about 5 years old. Nor, any stay order is communicated on the record. It is, thus, clear that she is not interested to proceed further with the suit. In the result, the suit stands dismissed for want of prosecution on her behalf in view of Order IX Rule 8 of the C.P.C., 1908. All the pending applications are filed. The parties are called upon to bear their own costs of litigation. Bill of costs be drawnup accordingly. The proceeding stands closed. Judge -- 1 of 1 --
Order 117 Dec 2022
17 Dec 2022
Order Details: Other Pdf Text: 17.12.2022 Sr. No. 16 CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11) SU 1397/18 Even today, none present for the plaintiff. The matter is KB. Adv. Mrs. J.V. Mhatre for defendant/MCGM is present. Order below exhibit No. 01: The record shows that the plaintiff is absent to proceed further with the matter since last considerable time and therefore, it is posted for dismissal order. The suit is about 5 years old. Nor, any stay order is communicated on the record. It is, thus, clear that she is not interested to proceed further with the suit. In the result, the suit stands dismissed for want of prosecution on her behalf in view of Order IX Rule 8 of the C.P.C., 1908. All the pending applications are filed. The parties are called upon to bear their own costs of litigation. Bill of costs be drawnup accordingly. The proceeding stands closed. Judge -- 1 of 1 --
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