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SUIT - SHORT CAUSE CIVIL SUIT

Mrs.Shashikala Padmanabha ShettyVsMCGM

CNR MHCC0100677520184-COURT 04 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHER
Decision Date: 28th January 2025

TrustJury record updated 13 Sept 2026

Case Overview

Registration Number
101341/2018
Registration Date
04 Jun 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Hindu Marriage Act · Sec 34 · 38

    Case History / Proceedings

    Case History
    Date: 07-06-2018
    Business: Adv. Ms. Vaibhavi Pawar for plaintiff present.
    Adv. Ms. Kamble for BMC present.
    Advocate for plaintiff filed registered N/M no. 1963/18.
    She also filed draft ch/sum and N/M. Seeking leave to register.
    O- Leave granted for registration.
    Copy served to the defendant/ corporation.
    Advocate for defendant/BMC filed reply on draft ch/sum itself.
    Heard Ld. Counsel for plaintiff and defendant/BMC.
    Order
    It is pointed out during pendency of the suit speaking order is passed on 5.6.2018. Since the speaking order is passed during pendency of the suit it is an subsequent event. Therefore,   it is necessary to bring said subsequent events on record. The ch/sum is filed immediately after the  speaking order is passed. Therefore, draft ch/sum is allowed in terms of prayer clause (a) and stands disposed off. The plaintiff is directed to carry out the amendment within 14 days for the date of order and to supply the copy of amended plaint on record. Ch/sum  to be register for statistical purpose.
    Earlier order if any, to continue till next date.
    Adjd to 19.6.2018 for reply on N/M.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 19-06-2018
    
    Date: 19-06-2018
    Business: Adv. Mr. Kudalkar for plaintiff present.
    He tendered registered N/ M no. 2123/18.
    Adv. Ms. Kamble for BMC present.
    Earlier order to continue till next date.
    Adjd to 10.7.2018 for N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 10-07-2018
    
    Date: 10-07-2018
    Business: Adv. Ms. Vaibhavi Pawar  for Plaintiff present.
    Adv. Mrs. Kamble for defendant / BMC present  and tendered reply and documents. t.o.r.
    O - Earlier order to continue till next date.
    Adjd. to 07.08.2018 for N/m reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 07-08-2018
    
    Date: 07-08-2018
    Business: Adv. Kudalkar  for plaintiff present.
    Adv. Kambale for defendant / BMC present.
    The service fo suit summons is waived by the corporation.
    Earlier order to continue till next date.
    Adjd. to 30.8.18 for Rejoinder and NM Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-08-2018
    
    Date: 30-08-2018
    Business: Adv. Dhiraj Kamble h/f. Adv. Kudalkar for plaintiff present.
    Adv. Kamble  for defendant no. / BMC present.
    Earlier order to continue till next date.
    Matter adjd. to 16.10.18 for NM Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-10-2018
    
    Date: 16-10-2018
    Business: Adv. Kudalkar for plaintiff present.
    Adv. Kamble for defendant no. / BMC present.
    Earlier order, if any, to continue till next date.
    Matter adjd. to 11.12.18 for Rejoinder/ NM Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-12-2018
    
    Date: 11-12-2018
    Business: Adv Kudalkar for plff present.
    Adv Mrs.Vyavhare for BMC/deft present.
    Court busy in hearing arguments on notice of motion no.17/2011, 1773/12 and 1812/15 and order in N/M No.3383/14, and urgent matters (new). Hence, matter is adjourned.
    Earlier order, if any, to continue till next date.
    Adjd to 8/02/2019 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-02-2019
    
    Date: 08-02-2019
    Business: Adv Vaibhavi Pawar h/f adv Kudalkar for plff present.
    Adv Mrs.Mhatre for BMC/deft present.
    Earlier order, if any, to continue till next date.
    Adjd to 4/04/2019 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-04-2019
    
    Date: 04-04-2019
    Business: Adv. Mr. Suraj Kudalkar for Plff present.
    Adv. Mrs. Mhatre for MCGM/deft. present.
    Plff has filed rejoinder to N/M No.2123/18.
    Earlier order, if any, to continue till next date.
    Adjd to 16/7/2019 for N/M hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-07-2019
    
    Date: 16-07-2019
    Business: (Incharge Court of C.R. No.8)
    Adv. Vaibhavi Pawar for Plaintiff present.
    Adv. Mrs. Hajare for Defendant/MCGM present.
    Earlier order, if any, to continue till next date.
    Adjd to 23/08/2019 for N/m hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-08-2019
    
    Date: 23-08-2019
    Business: (Incharge Court of C.R.No.8)
    Adv. Mr. Kudalkar for Plaintiff present.
    None for Defendants.
    Earlier order, if any, to continue till next date.
    Adjd to 24.10.2019 for N/m hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-10-2019
    
    Date: 24-10-2019
    Business: Adv.   Jain for plaintiff present.
    Adv. Mrs. R.M. Hazare for Deft/MCGM present.
    Court busy in judgment in suit no 610/10, urgent relief matters. Hence, adjourned.
    Earlier order, if any, to continue till next date.
    Adjd to 28-01-2020  for  NM Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-01-2020
    
    Date: 28-01-2020
    Business: Adv. Meera Wagh h/f. Adv. Kudalkar for plaintiff present.
    Adv. Mrs. Hajare for MCGM/Deft. present.
    On oral request of advocate for Plaintiff, adjournment granted.
    Earlier order, if any, to continue till next date.
    Adjd to 13/03/2020 for N/m hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-03-2020
    
    Date: 13-03-2020
    Business: Adv.Jain h/f adv.Kudalkar for plaintiff present.
    Adv. Mrs. Hajare for MCGM/Deft. present.
    Earlier order, if any, to continue till next date.
     Matter adjd to 26.06.2020   for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 26-06-2020
    
    Date: 26-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 03-09-2020
    
    Date: 03-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 03-11-2020
    
    Date: 03-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 19-01-2021
    
    Date: 19-01-2021
    Business: Court is on leave,
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 09-03-2021
    
    Date: 09-03-2021
    Business: Adv. Kudalkar for plaintiff present.
    Adv. Ms. Hajare for deft/MCGM present and requests for time to file reply to NM. Time is granted till next date.
    Earlier order, if any, to continue till next date.
    Matter adjd to 08/06/2021 for NM Reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 08-06-2021
    
    Date: 08-06-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 03-08-2021
    
    Date: 03-08-2021
    Business: Adv Darshan Jain h/f Adv Kudalkar for plaintiff present.
    Adv Rawade h/f Adv Smita Chavan for defendant / MCGM present and requests for time to file reply to NM. Time is granted till next date.
    Earlier order, if any, to continue till next date.
    Adjd. To 05/10/2021 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 05-10-2021
    
    Date: 05-10-2021
    Business: Adv Vaibhavi Pawar h/f Adv Kudalkar for plaintiff present.
    Adv Smita Chavan for defendant / MCGM present and requests for time to file reply to NM.
    O- Time is granted till next date.
    Earlier order, if any, to continue till next date.
    Adjd. To 23/11/2021 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 23-11-2021
    
    Date: 23-11-2021
    Business: Adv Jain h/f Adv Kudalkar for plaintiff present.
    Adv Mrs Rawade h/f Adv Chavan for defendant / MCGM present and requests for time to file reply to NM.
    Time is granted till next date.
    Earlier order, if any, to continue till next date.
    Adjd. To 24/02/2022 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 24-02-2022
    
    Date: 24-02-2022
    Business: Adv Kajal Chaurasiya h/f Adv Kudalkar for plaintiff present.
    Adv Mrs Rawade h/f Adv Chavan for defendant / MCGM present and requests for time to file reply to NM.
    Time is granted till next date.
    Earlier order, if any, to continue till next date.
    Adjd. to 21/04/2022 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 21-04-2022
    
    Date: 21-04-2022
    Business: Adv Vaibhavi Pawar h/f Adv Kudalkar for plaintiff present.
    Adv Mrs Smita Chavan for defendant / MCGM present and requests for time to file reply to NM. Time is granted till next date.
    Earlier order, if any, to continue till next date.
    Adjd. To 19/07/2022 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 19-07-2022
    
    Date: 19-07-2022
    Business: Adv. Kudalkar for plaintiff present.
    Adv. Mrs. Chavan for defendant/ MCGM is present.
    Earlier order, if any, to continue till next date.
    Adjd. to 13/09/2022 for N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 13-09-2022
    
    Date: 13-09-2022
    Business: Adv. Vaibhavi Pawar h/f Adv. Kudalkar for plaintiff present.
    Adv. Mrs. Rawade h/f Adv. Mrs. Chavan for defendant/ BMC is present and requested  time to file reply to N/M. Time is granted till next date.
    Earlier order, if any, to continue till next date.
    Adjd. to 10/11/2022 for N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 10-11-2022
    
    Date: 10-11-2022
    Business: CORAM H.H.J.SHRI A.G. SANTANI(COURT ROOM No.11) IN-CHARGE OF COURT ROOM No.4
    Adv. Jain h/f Adv. Kudalkar for plaintiff present.
    Adv. Mrs. Rawade for defendant/ BMC is present
    Earlier order, if any, to continue till next date.
    Adjd. to 13/12/2022 for N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 13-12-2022
    
    Date: 13-12-2022
    Business: Court is busy in urgent hearing, board is discharged.
    Earlier order, if any, to continue till next date.
    Adjd. to 23/02/2023 for N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 23-02-2023
    
    Date: 23-02-2023
    Business: Adv. Vaibhavi Pawar h/f Adv. Kudalkar for plaintiff present.
    Adv. Mrs. Mhatre for defendant/ BMC is present and requested time to file reply to N/M. Time is granted till next date.
    Earlier order, if any, to continue till next date.
    Adjd. to 13/06/2023 for N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 13-06-2023
    
    Date: 13-06-2023
    Business: Matter pertains to C.R. No.04.
    Advocate  Vaibhavi Pawar h/f Kudalkar for plaintiff present.
    Advocate Mhatre for defendant/BMC present.
    Earlier order, if any, to continue till next date.
    Adjd to  10.08.2023 for NM  Reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 10-08-2023
    
    Date: 10-08-2023
    Business: Adv. Vaibhavi Pawar h/f Kudalkar for plaintiff present.
    Advocate Mhatre for defendant/BMC present and seeks time to file reply to NM. suit is of year 2018, hence time is granted as a last chance.
    Earlier order, if any, to continue till next date.
    Adjd to 31.08.2023   for NM Reply
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 31-08-2023
    
    Date: 31-08-2023
    Business: Advocate Vaibhavi Pawar h/f kudalkar for plaintiff present.
    Advocate Mhatre for defendant/BMC present and seeks time to file reply to NM. Time is granted
    Earlier order, if any, to continue till next date.
    Adjd to 09.11.2023 for NM Reply
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 09-11-2023
    
    Date: 09-11-2023
    Business: Matter pertains to C. R. No. 4
    Advocate Pathak h/f Kudalkar  for plaintiff present.
    Adv Mhatre for defendant/BMC present.
    Earlier order, if any, to continue till next date.
    Adjd  to   25.01.2024     for  NM Hearing
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-01-2024
    
    Date: 25-01-2024
    Business: Advocate Jain h/f Kudalkar for plaintiff present
    Advocate Mhatre for defendant/BMC present.
    It appears that the matter was posted 09.11.2023 for reply. However adjourned till today  and kept for hearing. Adv for deft/BMC submitted that reply filed by BMC to NM 1963/18 dated 10.07.2018 be treated as reply to NM 2123/18. hence matter adjourned hearing of both the NMs
    Earlier order, if any, to continue till next date.
    Adjd  to 13.02.2024   for NM Hearing NM No. 1963/18 and NM No. 2123/18.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-02-2024
    
    Date: 13-02-2024
    Business: Advocate Vaibhavi Pawar h/f Kudalkar for plaintiff present and submitted that she will file written notes of argument on both the NM on next date. Hence matter adjourned on request.
    Advocate Jyoti Patil-Mhatre for defendant/BMC present.
    Earlier order, if any, to continue till next date.
    Adjd  to  12.03.2024   for NM Hearing
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-03-2024
    
    Date: 12-03-2024
    Business: Matter pertains to C. R. No. 4
    Advocate Jain holding for Advocate Kudalkar for plaintiff present.
    Adv Jyoti Patil Mhatre for defendant/BMC present.
    Earlier order, if any, to continue till next date.
    Adjd  to  16.04.2024  for Notice of Motion hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-04-2024
    
    Date: 16-04-2024
    Business: Advocate Kudalkar for plaintiff present and not pressed NM No. 1963/18 and NM 2123/18. Hence both the NMs are disposed of. He further requested to keep the matter for withdrawal of the suit.
    Advocate Mhatre for defendant/BMC present.
    Adjd  to  07.05.2024  for withdrawal of suit.
    Next Purpose: WITHDRAWAL
    Next Hearing Date: 07-05-2024
    
    Date: 07-05-2024
    Business: Court is on leave, hence matter adjourned.
    Next Purpose: WITHDRAWAL
    Next Hearing Date: 15-06-2024
    
    Date: 15-06-2024
    Business: Adv Darshan Jain i/b Kudalkar for plaintiff present and submitted that he tried to contact plaintiff but could not contact. Hence requested time. Hence matter adjourned.
    Adv  Metakari for defendant /BMC present.
    Adjd to 11.07.2024  for withdrawal of suit.
    Next Purpose: WITHDRAWAL
    Next Hearing Date: 11-07-2024
    
    Date: 11-07-2024
    Business: plaintiff absent.
    Advocate  Darshan Jain h/f Kudalkar for plaintiff present and submitted that plaintiff is not contacting, hence he is going to withdraw the VP and requested two weeks time. Hence matter adjourned.
    Advocate Waghmare for defendant/BMC present and adopted reply to NM No. 1963/18 as a Written Statement. . TOR marked as Exh.5
    Adjd to 06.08.2024 for  Hearing on issues / Draft issues.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 06-08-2024
    
    Date: 06-08-2024
    Business: Court is on leave
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 29-08-2024
    
    Date: 29-08-2024
    Business: None present for plaintiff
    Advocate Waghmare for defendant/BMC present.
    Draft issues are not submitted. Hence matter adjourned for framing of issues
    Adjd  to  05.10.2024   for framing of issues
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 05-10-2024
    
    Date: 05-10-2024
    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 judgment in suit No. 1514/2015 and ad-interim order, hence matter adjourned.
    Adjd  to   19.10.2024  for  framing of issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 19-10-2024
    
    Date: 19-10-2024
    Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
    None for plaintiff.
    Advocate Pooja Nagarthawar for defendants/BMC present.
    As Court is busy in order in Ch/s No. 68/2024 and Ch/s 66/2024 and in NM No. 1386/23. Hence due to paucity of time matter adjourned.
    Adjd  to 22/10/2024 for framing of issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 22-10-2024
    
    Date: 22-10-2024
    Business: Court is on  leave
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 16-11-2024
    
    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  30.11.2024    for framing of issues
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 30-11-2024
    
    Date: 30-11-2024
    Business: As HHJ went to attend Regional Mediation Conference at Pune, hence  Board discharged.
    Matter is adjd to 07.12.2024    for framing of issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 07-12-2024
    
    Date: 07-12-2024
    Business: Adv. Dhotre for plaintiff present.
    Advocate Honmane   for defendant/BMC present.
    Exh. 6  - Issues
    Adjd  to 28.01.2025 for List of witness and R E.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 28-01-2025
    
    Date: 28-01-2025
    Business: Adv. Mr. Kudalkar for the plaintiff is present. He submitted that in view of the instructions, the plaintiff is already allotted with the alternate commercial accommodation. Hence, the matter will be disposed off. Adv. Ms. Pooja Nagarthwar for defendant/MCGM is present.
    Order below Exhibit No. 01
          In view of the statement of the Advocate for plaintiff, the suit is disposed off. 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 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: 28-01-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 106991/2018
    Filing Date: 22-05-2018
    First Hearing Date: 07th June 2018
    Decision Date: 28th January 2025
    Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1
    28 Jan 2025
    Order Details: Other
    Pdf Text: Dt:28.01.2025
    Sr. No. 7
    SU 1341/2018
    CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
    Adv. Mr. Kudalkar for the plaintiff is present. He submitted that in
    view of the instructions, the plaintiff is already allotted with the
    alternate commercial accommodation. Hence, the matter will be
    disposed off. Adv. Ms. Pooja Nagarthwar for defendant/MCGM is
    present.
    Order below Exhibit No. 01:
    In view of the statement of the Advocate for plaintiff, the suit is
    disposed off. 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 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.
    Judge
    -- 1 of 1 --
    Order 1
    28 Jan 2025
    Order Details: Other
    Pdf Text: Dt:28.01.2025
    Sr. No. 7
    SU 1341/2018
    CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
    Adv. Mr. Kudalkar for the plaintiff is present. He submitted that in
    view of the instructions, the plaintiff is already allotted with the
    alternate commercial accommodation. Hence, the matter will be
    disposed off. Adv. Ms. Pooja Nagarthwar for defendant/MCGM is
    present.
    Order below Exhibit No. 01:
    In view of the statement of the Advocate for plaintiff, the suit is
    disposed off. 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 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.
    Judge
    -- 1 of 1 --

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