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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

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Respondent

    1. 1MHADA

    Acts & Sections

    1
    Protection 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: 21-11-2025

    Additional 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

    1
    Final Order 1
    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
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