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SUIT - SHORT CAUSE CIVIL SUIT

Rafiq Mehboob Shaikh +16 moreVsMCGM

CNR MHCC01007232201911-COURT 11 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHER
Decision Date: 18th August 2023

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
102100/2019
Registration Date
24 Jul 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    18

    Acts & Sections

    2
    Hindu Marriage Act · Sec 37 · 38
    Protection of Women from Domestic Violence Act · Sec Order 39 · Rule

    Case History / Proceedings

    Case History
    Date: 18-09-2019
    Business: Advocate Asit Singh for plaintiff present and sought time to serve the writ of summons. Time is granted.
    Advocate Giri for defendant/MCGM present.
    The case is adjourned to 02.12.2019 for Writ of summons.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 02-12-2019
    
    Date: 02-12-2019
    Business: Adv. Asit Singh for Plaintiff present, prayed for extension of time - granted.
    Case is adjourned to 10/02/2020 for writ of summons.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 10-02-2020
    
    Date: 10-02-2020
    Business: Adv. Mr. Asit Singh for plff., prayed for extension of time for writ of summons- Time granted till next date.
    On perusal of documents Hight, Length and Width of suit structure and photographs of existing structure is not attach.  Plff.  to comply along-with supportive affidavit- Till next date.
    Matter is adjd. for writ of summons on 16.03.2020.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 16-03-2020
    
    Date: 16-03-2020
    Business: Adv. Mr. Asit Singh for plff., prayed for extension of time for writ of summons- Granted till next date.
    Adv.Mrs.Chavan h/f adv.Mhatre for deft./MCGM present.
    Matter is adjd. for writ of summons on 15.06.2020.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 15-06-2020
    
    Date: 15-06-2020
    Business: National Lockdown
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 17-08-2020
    
    Date: 17-08-2020
    Business: Adjd. to
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 07-11-2020
    
    Date: 07-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 15-01-2021
    
    Date: 15-01-2021
    Business: None present for plaintiff.
    Adv. Mhatre for deft./MCGM present.
    Matter is adjd. to 31/03/2021 for Writ of Summons.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 31-03-2021
    
    Date: 31-03-2021
    Business: Adv. Mr.Asid Singh for plaintiff present and filed registered N/M No. 962/2021 and registered Ch/Summons no. 671/2021.
    Adv. Mr. Mhatre for deft./MCGM present with officer Mr. Sagar Karpe. Asst. Eng. (B & F) \''L\'' Ward and filed affidavit in reply. t.or. and marked Exh.3. She also requested for short adjourned to file list of documents.
    Adv. Mr. Bhadang for applicant present and filed V/p. t.o.r. and marked at Exh.2. He also filed draft Ch/S. Leave is granted to register the Ch/S.
    Copies of Ch/S are served to plaintiff and defendant/ MCGM.
    Matter is adjourned for filing rejoinder/Ch/s. reply to 5/4/2021.
    Next Purpose: REPLY
    Next Hearing Date: 05-04-2021
    
    Date: 05-04-2021
    Business: Mr. Asit Singh  for plaintiff present and filed reply to CH/s. 694/2021.
    Adv. Ms. Mhatre for deft./MCGM present alongwith officer Aakash Pawar Jr. Eng.(J&F) \''L\'' Ward & filed list of documents.
    Adv. Mr. Bhadang for applicant present and filed register Ch/s No.694/2021.
    Matter is adjourned for Ad-interim hearing/Ch/s. Hearing to 9/04/2021.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 09-04-2021
    
    Date: 09-04-2021
    Business: Adv. Mr. Asit Singh for plaintiff present and requested short time to file documents.
    Adv. Ms. Mhatre for deft./MCGM present with officer Mr. Akash Pawar, Jr. Engineer, B and F Dept., L/ward.
    Adv. Mr. Bhadang for applicant is present.
    Matter is adjourned for ad interim/Ch.s hearing to 23.04.2021.
                                                                                   Judge
    Next Purpose: C/S  HEARING
    Next Hearing Date: 23-04-2021
    
    Date: 23-04-2021
    Business: Due to Covid-19, matter is adjourned to next date.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 30-04-2021
    
    Date: 30-04-2021
    Business: None present for plaintiff.
    Adv.  Ms. Mhatre for deft./MCGM present alongwith Officer Shri. Akash Pawar, Jr. Eng. (B&F) \''L\'' Ward.
    Adv. Mr. Chaturvedi h/f Adv. Bhadang for applicant present.
    Matter is adjourned for Ch/s hearing to 5/5/2021.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 05-05-2021
    
    Date: 05-05-2021
    Business: Adv. Mr. Asit Singh for plaintiff present.
    Adv. Ms. Mhatre for deft./MCGM present with officer Akash Pawar, Jr. Eng. (B&F) \''L\'' Ward.
    Adv. Mr. Bhadang for applicant present.
    With consent of both the parties and applicant matter is adjourned till next date.
    Matter is adjourned for Ch/s hearing /Ad-interim hearing to 11/6/2021.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 11-06-2021
    
    Date: 11-06-2021
    Business: Adv. Mr. Asit Singh for plaintiff present and requested for short adjourned.
    Adv. Ms. Mhatre for deft./MCGM present.
    Adv. Ms.Paridhi Sachdeva h/f Adv. Mr. Bhadang  for applicant present.
    Matter is adjourned for Ad-interim hearing/Ch/s. Hearing to 28/6/2021.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 28-06-2021
    
    Date: 28-06-2021
    Business: Adv. Mr. Asit Singh for plaintiff present.
    Adv. Mr. Khandagale for deft./MCGM present.
    Adv. Mr. Frederick h/f Mr. Bhadang for applicant is present and requested for short adjournment.
    Matter is adjourned for ad interim hearing/Ch.s hearing to 09.07.2021.
                                                                                   Judge
    Next Purpose: C/S  HEARING
    Next Hearing Date: 09-07-2021
    
    Date: 09-07-2021
    Business: None present for plaintiffs.
    Adv. Khandagale for deft./MCGM present.
    Adv. Ms. Paridhi h/f Adv. Mr. Bhadang present and requested for short adjournment.
    Matter is adjourned for Ad-interim hearing/ Ch/s hearing to 6/8/2021.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 06-08-2021
    
    Date: 06-08-2021
    Business: Adv. Mr. Asit Singh for plaintiff present.
    Adv. Mr. Khandagale for deft./MCGM present.
    Adv. Mr. Vinay Kumar h/f Mr. Bhadang for applicant is present and requested for short adjournment.
    Matter is adjourned for ch/s hearing/ad interim hearing to 17.08.2021.
                                                                                   Judge
    Next Purpose: C/S  HEARING
    Next Hearing Date: 17-08-2021
    
    Date: 17-08-2021
    Business: Court is Vacant. Matter adj. to next date
    Next Purpose: C/S  HEARING
    Next Hearing Date: 30-08-2021
    
    Date: 30-08-2021
    Business: Court is Vacant. Matter adj. to next date.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 17-09-2021
    
    Date: 17-09-2021
    Business: Court is Vacant. Matter adj. to next date.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 27-09-2021
    
    Date: 27-09-2021
    Business: Court is Vacant. Matter adj.to next date.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 06-10-2021
    
    Date: 06-10-2021
    Business: Court is Vacant. Matter adj.to next date.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 13-10-2021
    
    Date: 13-10-2021
    Business: Court is vacant. Matter is adj. to next date.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 25-10-2021
    
    Date: 25-10-2021
    Business: Court is Vacant. Matter adj. to next date.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 15-11-2021
    
    Date: 15-11-2021
    Business: Court is Vacant. Matter is adj. to next date.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 03-12-2021
    
    Date: 03-12-2021
    Business: Adv. Mr. Singh for plaintiff present.
    Adv. Mr. Khandagale for Defendant/MCGM present.
    Adv. Mr. Ali Kazmi for applicant present.
    Adv for plaintiff requested short adjournment. Adjournment granted
    only for today
    Matter adjd for Ch/s hearing to 17/12/2021.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 17-12-2021
    
    Date: 17-12-2021
    Business: Adv. Mr. Asit Singh for plaintiff is present.
    Adv. Mr. Virendra Kumar for applicant is present.
    Adv. Mr. Khandagale for Defendant/MCGM is present.
    Adv. for the applicant orally requested for time to for C/S hearing.
    Adjourned for C/S hearing to 07/01/2022.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 07-01-2022
    
    Date: 07-01-2022
    Business: Adv Asit Singh present for plaintiff.
    Adv. Mr. Khandagale for defendant/MCGM is present.
    Adv Vinay Kumar for the applicant is present.
    Court busy in other matters.
    Adjourned for C/s hearing to 02/02/2022.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 02-02-2022
    
    Date: 02-02-2022
    Business: Adv. Mr. Asit Singh for plaintiff is present.
    Adv. Mr. Bhadang for applicant is present.
    Adv. Mr. Khandagale for defendant/MCGM is present and orally requested for time to file C/S No. 671/21 reply. Granted.
    Adv. for plaintiff orally requested for time to file C/S hearing. Granted.
    Adjourned for C/S hearing/C/S reply/NM hearing to 16.02.2022.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 16-02-2022
    
    Date: 16-02-2022
    Business: Adv. Mr. Asit Singh for plaintiff is present.
    Adv. Mr. Vinay Kumar for applicant is present and orally requested time for Ch/s hearing. Granted as a last chance.
    Adv. Mr. Khandagale for defendant/MCGM is present.
    Adjourned for Ch/s hearing/NM hearing/Ch/s reply to 09.03.2022.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 09-03-2022
    
    Date: 09-03-2022
    Business: Adv. Mr. Asit Singh for plaintiff is present.
    Adv. Ms. Sonal for applicant is present.
    Adv. Ms. J.V. Mhatre h/f Adv. Khandagale for defendant/MCGM is present. Endorsed say on Ch/s No. 671/2021.
    Heard both the sides on Ch/s No. 671/2021 and Ch/s No. 694/21.
    Adjourned for Ch/s Orders/NM hearing to 30.03.2022.
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 30-03-2022
    
    Date: 30-03-2022
    Business: Adv. Mr. Asit Singh for plaintiff is present.
    Adv. Mr. Khandagale for defendant/MCGM is present.
    F.R.S.R. following order is passed on Ch/s No. 671/2021:
                                        ORDER
    (i).	Chamber Summons No.671/2021 is made absolute 		in terms of prayer Clause (a) only.
    (ii). 	The plaintiff is directed to carry out the necessary
              amendment in the body of the	plaint, positively within two
             weeks from the passing of this Order.
    (iii)	Costs to follow the event.
    (iv).	Chamber Summons No. 671/2021, accordingly, stands
              disposed off.
    Adjourned for compliance/NM hearing to 22.04.2022.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 22-04-2022
    
    Date: 22-04-2022
    Business: PO is on training.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 01-07-2022
    
    Date: 01-07-2022
    Business: Adv. Mr. Asit Singh for the plaintiff is present and filed citations. TOR. Copy is supplied to the other side.
    Adv. Mr. Vinay Kumar for the applicant is present and orally requested for time to file some citations in reply. Time is granted.
    Adv. Mr. Khandagale for defendant/MCGM is present.
    Adjourned for citations/Ch/s Order/NM hearing to 25.07.2022.
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 25-07-2022
    
    Date: 25-07-2022
    Business: Adv. Mr. Asit Singh for the plaintiff is present.
    Adv. Ms. Supriya Chowrasiya for the applicant is present and orally requested for keeping back the matter. Considering the board, this request is discarded.
    Adv. Mr. Khandagale for defendant/MCGM is present.
    Adjourned for citations/Ch/s Order/NM hearing to 08.08.2022.
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 08-08-2022
    
    Date: 08-08-2022
    Business: Adv. Mr. Amin Patel for the plaintiff is present and submitted that the plaintiff does not want to file further citations.
    Adv. Ms. Supriya Chowrasiya for the applicant is present and filed citations. TOR. Copy is supplied to the other sides.
    Adv. Mr. Khandagale for defendant/MCGM is present.
    Adjourned for Ch/s Order to 24.08.2022.
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 24-08-2022
    
    Date: 24-08-2022
    Business: Adv. Mr. Asit Singh for the plaintiff is present.
    Adv. Mr. Ali Kazi for the applicant is present.
    Adv. Mrs. J.V. Mhatre h/f Adv. Khandagale for defendant/MCGM is present.
    The Court is busy in recording evidence in SU No. 54/2012 and SC No. 119/2022.
    Adjourned for Ch/s Order to 19.09.2022.
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 19-09-2022
    
    Date: 19-09-2022
    Business: Adv. Mr. Asit Singh present for the plaintiff.
    Adv. Mr. Vinitkumar for applicant present.
    Adv. Mr. Khandagale for defendant/MCGM is present.
    Court busy in recording evidence in HCTB Suit No. 735/2016 and passing order in HCTB NM No. 3053/2022.
    Adjourned for Ch/s orders to 04.10.2022.
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 04-10-2022
    
    Date: 04-10-2022
    Business: Adv. Amin Patel for the plaintiff is present.
    Adv. Ali Kazmi for the applicant is present.
    Adv. J.V. Mhatre for defendant/MCGM is present.
    KB LO at 05:15 pm.
    Adv. Supriya Chowrasiya for the applicant is present.
    F.R.S.R. following order is passed on Ch/s No. 694/2021:
                                        ORDER
    (i).     Chamber of Summons No. 694/2021 stands dismissed.
    (ii).    Chamber of Summons No. 694/2021 is, accordingly,
              disposed of.
    Adjourned for NM hearing to 23.11.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-11-2022
    
    Date: 23-11-2022
    Business: HHJ is on leave
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-02-2023
    
    Date: 03-02-2023
    Business: Adv. Mr. Asit Singh for the plaintiff is present and filed reply rejoinder in NM No. 962/2021. TOR. O- Filed. Copy is supplied to the other side.
    Adv. Mrs. J.V. Mhatre h/f Adv. Khandagale for defendant/MCGM is present.
    Adjourned for NM hearing to 03.04.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-04-2023
    
    Date: 03-04-2023
    Business: PO is on leave
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-06-2023
    
    Date: 16-06-2023
    Business: Adv. Mr. Pal h/f Mr. Asit Singh for the plaintiff is present and orally requested for time to file written submissions on NM. Time is granted.
    Adv. Mr. G. O. Giri for defendant/MCGM is present.
    Adjourned for written submissions on NM to 18.08.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-08-2023
    
    Date: 18-08-2023
    Business: Adv. Mr. Asit Singh for the plaintiffs is present.
    Adv. Mr. G.O. Giri for defendant/MCGM is present and filed list of documents along-with letter dtd. 11.08.2023 issued by the Assistant Commissioner, ‘L’ Ward. TOR. It is marked as Exhibit 4.
    O- Filed. Copy is supplied to the other side.
    Mr. Sachin Laxmanrao Sarwade, JE, is present. He submitted that in view of the above referred letter dtd. 11.08.2023 issued by the Assistant Commissioner, ‘L’ Ward  and as per the directions of the Hon’ble Supreme Court in Civil Appeal No. 5159 of 2009,
    dtd. 06.08.2014, the defendant/MCGM is going to withdraw the notice, issued in this suit, with liberty to proceed against the structure in future as per law. His statement is taken on record. At this stage, Ld. Advocate for the plaintiffs submitted that in view of this position, even the suit may be disposed of.
    Order below Exhibit 1:
         In view of the statement of Mr. Sachin Laxmanrao Sarwade, JE, and on the submissions of the advocate for plaintiffs, the suit stands disposed of. All the pending applications, along-with Notice of Motion No. 962/2021, are, therefore, filed. The parties to bear their own costs of this suit. Bill of costs be drawn-up accordingly. The proceeding is closed.
    Nature Of Disposal: OTHER
    Disposal Date: 18-08-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 107704/2019
    Filing Date: 12-07-2019
    First Hearing Date: 18th September 2019
    Decision Date: 18th August 2023
    Court Number And Judge: 11-COURT 11  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    18 Aug 2023

    Order Details: Other Pdf Text: -- 1 of 2 -- 18.08.2023 Sr. No. 25 CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11) SU 2100/19 NM 962/21 Exh.4 Adv. Mr. Asit Singh for the plaintiffs is present. Adv. Mr. G.O. Giri for defendant/MCGM is present and filed list of documents along-with letter dtd. 11.08.2023 issued by the Assistant Commissioner, ‘L’ Ward. TOR. It is marked as Exhibit 4. O- Filed. Copy is supplied to the other side. Mr. Sachin Laxmanrao Sarwade, JE,…

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