SUIT - SHORT CAUSE CIVIL SUIT
Smt. Manisha Manoranjan SahuVsMHADA
CNR MHCC0100728920198-COURT 08 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--PLAINT RETURN
Decision Date: 21st November 2025
TrustJury record updated 21 Sept 2026
Case Overview
- Registration Number
- 102097/2019
- Registration Date
- 20 Jul 2019
Advocates
1For Petitioner
For Respondent
Not available
Parties
2Petitioner
Respondent
Acts & Sections
1Protection of Women from Domestic Violence Act · Sec Order 39 · Rule 1
Case History / Proceedings
Case History
Date: 13-08-2019
Business: Adv. Ms. Sahu for the Plaintiff present.
Adv. Prabhu for MHADA Defendant no. present and she undertakes to file Vakalatnama on next date.
Original writ of summons tendered by the Plaintiff. t.o.r.
Matter is adjd. to 18.11.2019 for WS by the Defendant.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 09-09-2019
Date: 09-09-2019
Business: Mentioned by preciepe.
Adv. Ms. Minakshi Sahu for the Plaintiff present.
Draft N/M alongwith affidavit in support taken out by the Plaintiff. For restraining Defendant temporarily from executing notice dtd 22.08.2019 issued in respect of the suit premises. t.o.r. Leave granted to register
Considering urgency, prayed for the date is preponed.
Matter is adjd. to 26.09.2019.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 26-09-2019
Date: 26-09-2019
Business: Adv. Mr. Sahu for the Plaintiff present.
Original registered N/M No. 3478/19 alongwith affidavit in support tendered by the Plaintiff. t.o.r.
As Court is busy in recording evidence in SU No. 9113/93 and mediation matters, hence board discharged.
Matter is adjd. to 18.11.2019
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 18-11-2019
Date: 18-11-2019
Business: Adv. Meenakshi Sahu for plaintiff present.
Adv. Prabhu for defendant MHADA present.
She seeks adjournment for filing reply. O- Granted.
Adjd to 13/12/2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-12-2019
Date: 13-12-2019
Business: Adv. Minakshi Saboo for Plaintiff is present.
Adv. Prabhu for Defendant is present. She filed reply to NM 3478/19. copy is served on adv. of plaintiff. She tendered registered NM 4787/19 a/w affidavit in support copy is served on adv. of plaintiff
Matter is adjd. for NM reply to 12/02/2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-02-2020
Date: 12-02-2020
Business: Adv. Minakshi Sahu for Plaintiff is present. She filed reply to N/M no. 4787/2019. She also seek time to file rejoinder for N/M. O granted.
Adv. Ms.Prabhu for MHADA/deft. Present.
Matter is adjd. for filing rejoinder to 30/03/2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-03-2020
Date: 30-03-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-04-2020
Date: 15-04-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-04-2020
Date: 22-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-05-2020
Date: 13-05-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-06-2020
Date: 02-06-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-06-2020
Date: 19-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-11-2020
Date: 02-11-2020
Business: Due to lockdown because of Covid-19, board is discharged and as per SOP only urgent matters are taken up.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-02-2021
Date: 20-02-2021
Business: Adv. Ms. Minakshi Sahu for the plaintiff.
None for defendants.
Matter is adjd. to 08/04/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-04-2021
Date: 08-04-2021
Business: Due to SOP only urgent matter are taken up. Hence, the Board is
discharged.
Matter is adjd. to 05.07.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-07-2021
Date: 05-07-2021
Business: due to covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-08-2021
Date: 30-08-2021
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-11-2021
Date: 24-11-2021
Business: As Court is busy in hearing arguments in NM 2416/21 in SU 1954/21. Hence, Board is discharged.
Matter is adjd. to 17.02.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-02-2022
Date: 17-02-2022
Business: Adv Minakshi Sahu for plaintiff present.
None present for the MHADA.
Ld advocate for the plaintiff seeks time to argue the NM.
Matter is adjd. to 13.04.2022 for NM argument.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-04-2022
Date: 13-04-2022
Business: None present for plaintiff.
None present for defendant.
As plaintiff and his adv. are absent, Matter adjourned for nm dismissal order To 13/06/22.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 13-06-2022
Date: 13-06-2022
Business: Adv. Meenakshi sahu present for the plaintiff.
None present for defendants.
Plaint
Vakalatnama. O- Seen and filed.
Address Memo. O- R and R.
List of documents. O - Seen and filed
Affidavit in support of plaint
Adv. For plaintiff tendered pursis t.o.r. marked as exh. 06.
As defendant no. 01 is absent. Matter is adjd. For dismissal of NM no. 4787/2019 and hearing on nm no. 3478/2019 to 30/07/22.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 30-07-2022
Date: 30-07-2022
Business: Adv Meenaskhi Gala present for plaintiff and tendered affidavit of rejoinder in Notice of Motion no. 3478/19.TOR.
None present for defendant/MHADA.
From the record it appears that, defendant and its Adv are absent since long and did not take steps to proceed further with the Notice of Motion no. 4787/19 and therefore matter is kept for dismissal order Notice of Motion no. 4787/19. Today also defendant and its advocate are absent. From the above conduct of the defendant it appears that defendant is not interested to proceed further with the Notice of Motion no. 4787/19. Therefore, it will be appropriate to dismiss the Notice of Motion no. 4787/19 as per Order 9 Rule 8 Of Code Of Civil Procedure. Hence, Notice of Motion no. 4787/19 is dismissed as per Order 9 Rule 8 Of Code Of Civil Procedure.
As per request of Adv for plaintiff.
Matter adjourned for Hearing on Notice of Motion no. 3478/19 to 07.09.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-09-2022
Date: 07-09-2022
Business: As p.o. is on leave, matter is adjd.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-10-2022
Date: 14-10-2022
Business: Adv. Sagar Gala hf adv. Minaxi gala present for plaintiff and sought adjournment.
None present for defendant.
Matter adjourned for hearing on nm 3478/19 to 05/12/22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-12-2022
Date: 05-12-2022
Business: Adv Meenakshi Kala present for plaintiff and sought adjournment.
None present for defendants.
Matter adjourned for Notice of Motion hearing to 20.01.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-01-2023
Date: 20-01-2023
Business: Adv. Sagar Gala present for plaintiff and sought adjournment.
None present for defendants.
Matter adjourned for NM hearing to 27.02.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-02-2023
Date: 27-02-2023
Business: Court is on leave.
Adjourned to.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-04-2023
Date: 06-04-2023
Business: Adv. Sagar Gala present for plaintiff and sought adjournment.
Adv. Amey Kulkarni present for defendant.
Matter adjourned for NM hearing to 13.06.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-06-2023
Date: 13-06-2023
Business: Adv. Minakshi Gala present for plaintiff.
None present for defendant.
Matter adjourned for NM Hearing to 11.07.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-07-2023
Date: 11-07-2023
Business: Adv. Meenakshi Sahu present for plaintiff.
None present for defendants.
Matter adjourned for NM Hearing to 08.09.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-09-2023
Date: 08-09-2023
Business: Adv. Meenakshi Gala present for plaintiff and tendered adjournemnt application. TOR and marked as Exh. O-Allowed as last chance.
Adv. Amay Kulkarni present for defendant/MHADA.
Matter adjourned for NM Hearing to 17.10.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-10-2023
Date: 17-10-2023
Business: As court is on leave. Board is discharged. Matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-12-2023
Date: 18-12-2023
Business: Adv. Sagar Gala present for plaintiff. He tendered copy of rejoinder to counsel of defendant.
Adv. Amay Kulkarni present for defendant/MHADA.
Matter adjourned for NM Hearing to 22.02.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-02-2024
Date: 22-02-2024
Business: Adv. Sahu present for plaintiff.
None present for defendants.
Matter adjourned for NM Hearing to 16.04.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-04-2024
Date: 16-04-2024
Business: Adv. Sagar Gala h/f. Adv. Meenakshi Sahu present for plaintiff.
Adv. Chandramore present for defendant Nos.1 to 3/BMC.
Adv. Amey Kulkarni present for defendant/MHADA.
Matter adjourned for NM Hearing to 08.07.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-07-2024
Date: 08-07-2024
Business: Adv. Sagar Gala h/f. Adv. Meenakshi Sahu present for plaintiff.
None present for defendants.
Matter adjourned for NM Hearing to 26.08.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-08-2024
Date: 26-08-2024
Business: Adv. Meenakshi Gala present for plaintiff.
Adv. Amey Kulkarni present for defendant/MHADA. He tendered draft notice of motion along with affidavit in support. O-Leave granted. Copy served on plaintiff.
Matter adjourned for NM reply/Hearing to 11.10.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-10-2024
Date: 11-10-2024
Business: Adv. Manoranjan Sahu a/w. Adv. Meenakshi Gala present for plaintiff.
Adv. Amey Kulkarni present for defendant/MHADA. He tendered registered notice of motion 4684/2024. taken on record.
Order on Notice of Motion No.3478/2019
Perused notice of motion, affidavit in support thereof, reply filed by defendant and rejoinder filed by plaintiff.
Perused pursis filed by advocate for plaintiff on 13.06.2022 (Exh.6). This notice of motion was filed for restraining defendants from executing 24 hours notice bearing outward no.981/2019 dated 22.08.2019 in respect of suit premises. Thereafter this notice of motion is pending since more then last five years. Meanwhile on 13.06.2022, plaintiffs counsel filed a pursis (Exh.6) and informed Court that, plaintiff and other residents of society has handed over possession of premises to developer. In view of this pursis nothing remains in this notice of motion. Hence, it is disposed off.
Matter adjourned for NM reply to 04.12.2024.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-12-2024
Date: 04-12-2024
Business: Adv. Sagar Gala present for plaintiff.
None present for defendants.
Matter adjourned for NM reply to 10.01.2025.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-01-2025
Date: 10-01-2025
Business: Adv. Sagar Gala present for plaintiff. He tendered reply to NM No.4684/2024. t.o.r.
None present for defendants.
Matter adjourned for Hearing on NM No.4684/2024 to 05.03.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-03-2025
Date: 05-03-2025
Business: Adv. Minakshi Gala present for plaintiff.
None present for defendants.
As Court is busy hearing and order on NM No.2765/2023, Suit Nos.523/2025 and Suit No.505/2025, matter adjourned for Hearing on NM No.4684/2024 to 11.04.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-04-2025
Date: 11-04-2025
Business: Adv. Sagar Galal for plaintiff present.
None present for defendants.
Matter adjourned for Hearing on NM No.4684/2024 to 08.07.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-07-2025
Date: 08-07-2025
Business: Adv. Minakshi Gala for plaintiff present.
None present for defendants.
Sufficient time is granted to defendant to work out NM No.4684/2024. From roznama it is seen that, none appeared on behalf of defendant since 04.12.2024. Hence, Notice of Motion No.4684/2024 stands dismissed with no order as to costs.
Matter adjourned for recording evidence to 19.09.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-09-2025
Date: 19-09-2025
Business: None present for plaintiff.
None present for defendants.
Matter adjourned for recording evidence to 21.11.2025.
Judge
Later on at 11.46 a.m.
Adv. Sagar Galal for plaintiff present.
Matter is already adjourned for recording evidence to 21.11.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-11-2025
Date: 21-11-2025
Business: Adv. Minakshi Gala for plaintiff present and tendered application Exh.8. Taken on record. O-Other side to say.
None present for defendants.
No written statement order is already passed against defendants. Even today also defendant and their advocate absent and failed to file application Exh.8.
Heard Ld. Adv. for plaintiff.
Common order below Exh.1 and Exh.8
The plaintiff by this application Exh.8 under order VII Rule 10 of the Code of Civil Procedure requested for return of her plaint as it is presented before wrong forum. In view of section 177 of MHADA Act also this Court has no jurisdisction to try and entertain the suit. Hence, order VII Rule 10 of the Code of Civil Procedure, the plaint is returned to the plaintiff for it presentation before the proper forum.
Nature Of Disposal: PLAINT RETURN
Disposal Date: 21-11-2025Additional Case Details
Additional Case Details
Filing Number: 107785/2019 Filing Date: 15-07-2019 First Hearing Date: 13th August 2019 Decision Date: 21st November 2025 Court Number And Judge: 8-COURT 08 ADDL SESSIONS JUDGE
Orders
1Final Order 121 Nov 2025
21 Nov 2025
Order Details: Other Pdf Text: Sr. No.14 21.11.2025 Coram: H.H.J. Shri. S. K. KARHALE, City Civil Court, Mumbai. (C.R.08) Suit No. 2097/2019 Exh.8 Adv. Minakshi Gala for plaintiff present and tendered application Exh.8. Taken on record. O-Other side to say. None present for defendants. No written statement order is already passed against defendants. Even today also defendant and their advocate absent and failed to file application Exh.8. Heard Ld. Adv. for plaintiff. Common order below Exh.1 and Exh.8 The plaintiff by this application Exh.8 under order VII Rule 10 of the Code of Civil Procedure requested for return of her plaint as it is presented before wrong forum. In view of section 177 of MHADA Act also this Court has no jurisdisction to try and entertain the suit. Hence, order VII Rule 10 of the Code of Civil Procedure, the plaint is returned to the plaintiff for it presentation before the proper forum. Judge -- 1 of 1 --
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