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SUIT - SHORT CAUSE CIVIL SUIT

Smt. Gazala Parveen Behrul OlumVsMCGM +3 more

CNR MHCC0100732120186-COURT 06 ADDL. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHER
Decision Date: 07th January 2023

TrustJury record updated 14 Sept 2026

Case Overview

Registration Number
101773/2018
Registration Date
19 Jul 2018

Advocates

1

For Respondent

    Not available

    Parties

    5

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 24-07-2018
    Business: Advocate for plaintiff present.
    Advocate Mr. Kumawat for deft./MMC present and requested short adjournment.
    Leave is granted to register the NM.
    Earlier order, if any, to continue till next date.
    Adjourned for ad interim hearing to 28.08.2018.
                                                                               Judge
    Next Purpose: N/M FOR AD-INTERIM
    Next Hearing Date: 28-08-2018
    
    Date: 28-08-2018
    Business: Advocate for plaintiff present and filed registered NM No.3146/18.
    Advocate Mrs. Meena Dhuri for deft./MMC present and requested short time to file reply.
    Earlier order, if any, to continue till next date.
    Adjourned for ad interim hearing to 06.10.2018.
                                                                               Judge
    Next Purpose: N/M FOR AD-INTERIM
    Next Hearing Date: 06-10-2018
    
    Date: 06-10-2018
    Business: None present for plaintiff.
    Advocate Mr. Kumawat for deft./MMC present.
    Earlier order, if any, to continue till next date.
    Adjourned for NM hearing to 15.12.2018.
                                                                               Judge
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-12-2018
    
    Date: 15-12-2018
    Business: None present for plaintiff.
    Advocate Mr. Khandagale for deft./MMC present.
    Adjourned for NM hearing to 05.03.2019.
                                                                               Judge
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-03-2019
    
    Date: 05-03-2019
    Business: Advocate for plaintiff present.
    Advocate Mr. Giri for deft./MMC present and requested short time to file reply.
    Adjourned for NM hearing to 18.06.2019.
                                                                               Judge
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-06-2019
    
    Date: 18-06-2019
    Business: Advocate for plaintiff is present.
    Advocate Mrs. Dhuri for deft./MMC present filed reply on NM. Copy of reply served on the plaintiff.
    Adjourned for hearing on NM to 22.08.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-08-2019
    
    Date: 22-08-2019
    Business: P.O. is on training. Board discharged
    Matter Adjourned for  NM Hearing to 15-10-2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-10-2019
    
    Date: 15-10-2019
    Business: Advocate for plaintiff is present.
    Advocate Mr. Atik Shaikh a/w Ms. Vyavahare for defendant/BMC is present and filed application at Exh. 02. Copy served.
    Adjourned for NM hearing to 05.11.2019.
                                                                               Judge
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-11-2019
    
    Date: 05-11-2019
    Business: Advocate for plaintiff is present and filed rejoinder to NM.
    Advocate Mr. Atif Shaikh a/w Ms. Vyavahare for defendant/BMC is present.
    Earlier order, if any, to continue till next date.
    Adjourned for NM hearing to 16.11.2019 at 12. 00 p.m.
                                                                                   Judge
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-11-2019
    
    Date: 16-11-2019
    Business: Advocate Mr. Paravindar Singh Sethi for plaintiff is present and filed rejoinder to NM. Copy served.
    Advocate Mr. Dhumale for defendant/BMC is present.
    Heard arguments of advocate of plaintiff on NM No. 3146/18.
    Earlier order, if any, to continue till next date.
    Adjourned for hearing of defendant on NM to 03.12.2019 at 12.00 p.m.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-12-2019
    
    Date: 03-12-2019
    Business: Advocate for plaintiff present.
    Advocate for defendant/BMC present.
    EOC If any is continued till next date
    Adjourned  to 16.01.2020 for hearing on notice of motion.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-01-2020
    
    Date: 16-01-2020
    Business: Advocate for plaintiff present.
    Advocate Aatif Shaikh / Dhuri for defendant/BMC present.
    Ld. Adv. For defendant submitted that she will file report of Technical Advisory Committee (TAC) if it is their  in records by next date.
    Earlier order, if any, to continue till next date.
    Adjourned for TAC Report to  06/02/2020.
    Next Purpose: REPORT
    Next Hearing Date: 06-02-2020
    
    Date: 06-02-2020
    Business: Advocate for plaintiff present.
    Counsel Atik Shaikh and Advocate Dhuri for defendant/BMC present and filed minutes of T.A.C. (Report)
    Shri Sunil Nangre, Sr. Estate Inspector and Smt. Sanjana Sawant Estate Officer, F-South present.
    Adjourned for  N/M Hearing to 29/02/2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-02-2020
    
    Date: 29-02-2020
    Business: Advocate for plaintiff present.
    Advocate Dhuri for defendant/BMC present.
    Matter referred in Lokadalat on 11/04/2020.
    Adjourned for N/M Hearing to 16/04/2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-04-2020
    
    Date: 16-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-05-2020
    
    Date: 05-05-2020
    Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 77 of 2020 matter adjourned.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-05-2020
    
    Date: 27-05-2020
    Business: In view of extension of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-06-2020
    
    Date: 12-06-2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-07-2020
    
    Date: 27-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-09-2020
    
    Date: 18-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-11-2020
    
    Date: 27-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-02-2021
    
    Date: 22-02-2021
    Business: None for plaintiff.
    Counsel Mr. Atif Shaikh for deft/BMC present.
    Court busy in hearing in Suit. no. 801/2010 and 802/2010.
    Adjourned for N/M Hearing to 28/04/2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-04-2021
    
    Date: 28-04-2021
    Business: Adjourned due to Covid-19.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-08-2021
    
    Date: 13-08-2021
    Business: Advocate Parvinder Singh Shethi for plaintiff present.
    Counsel Mr. Atif Shaikh and adv. Smt. Dhuri for defendant/BMC Present.
    Heard argument of both sides on N/M No. 3146/2018.
    Adjd for N/M Order to 21/08/2021.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 21-08-2021
    
    Date: 21-08-2021
    Business: Plaintiff present, her advocate absent.
    Advocate Atif Shaikh for defendant/BMC Present.
    F.R.S.R FOLLOWING ORDER IS PASSED ON NM NO.3146/2018
                                       ORDER
    1.Notice of motion No.3146/2018 is made absolute in terms of prayer clause (b).
    2.Notice of motion No.3146/2018 disposed of accordingly.
    Written Statement is not filed by the defendants/BMC.
    Adjd for No WS hearing to 28.10.2021.
    Next Purpose: HEARING
    Next Hearing Date: 28-10-2021
    
    Date: 28-10-2021
    Business: Jr. Advocate  for plaintiff present.
    Advocate Smt. Meena Dhuri for defendant/BMC present.
    Plaintiff and his concerned advocate are directed to remain present on next date.
    Adjd for Hearing to  04.12.2021
    Next Purpose: HEARING
    Next Hearing Date: 04-12-2021
    
    Date: 04-12-2021
    Business: Advocate for plaintiff present.
    Advocate Atik Shaikh alongwith Smt. Meena Dhuri for defendant/BMC present.
    With consent of both parties matter is referred to Maha Lokadalat on Dated 11.12.2021.
    Adjd for Report / Evidence  to 04.01.2022
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 04-01-2022
    
    Date: 04-01-2022
    Business: Advocate for plaintiff present.
    Advocate Smt. Meena Dhuri for defendant/BMC present.
    Defendant / BMC failed to file written statement, hence, suit to proceed without written statement of the defendant BMC.
    Adjd for No WS evidence /R.E. to  07.04.2022
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 07-04-2022
    
    Date: 07-04-2022
    Business: Advocate for plaintiff present.
    Advocate Smt. Meena Dhuri for defendant/BMC present.
    Adjd for Filing Evidence of plaintiff/ R./E. to 05.07.2022.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 05-07-2022
    
    Date: 05-07-2022
    Business: None present for plaintiff.
    Advocate Smt. Meena Dhuri for defendant/BMC present.
    Adjd for R.E. to  03.09.2022
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 03-09-2022
    
    Date: 03-09-2022
    Business: Declared Holiday on Account of Ganesh Festival.
    Adjd for Recording Evidence to 08.10.2022.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 08-10-2022
    
    Date: 08-10-2022
    Business: None present for plaintiff.
    Advocate Atik Shaikh alongwith Smt. Meena Dhuri for defendant/BMC present.
    Matter is fixed for necessary order.
    Adjd for Necessary Order to  03.12.2022
    Next Purpose: ORDER
    Next Hearing Date: 03-12-2022
    
    Date: 03-12-2022
    Business: Court is on Leave
    Matter Adjd to 07.01.2023
    Next Purpose: ORDER
    Next Hearing Date: 07-01-2023
    
    Date: 07-01-2023
    Business: Advocate Parvinder Singh Sethi for plaintiff present.
    Advocate Atik Shaikh alongwith Smt. Meena Dhuri for defendant/BMC present.
    L.O. 1.00 p.m.
    Advocate for Plaintiff Parvinder Singh Sethi filed pursis at Exh. 3  submitted therein that in view of recommendation of TAC Committee structure is category of C2-B and requires repairs without eviction. So suit is infructuous.  It kindly be disposed off.
    Advocate  Atik Shaikh for defendant/BMC present and filed pursis at Exh.4 therein submitted that the suit become infructuous, no cause of action survives, so suit kindly be disposed off.
            In this suit plaintiff has challenged Eviction notice dated  17.05.2017  issued by BMC contending therein that notice structure is dilapidated condition and needs to be demolished. However, it is submitted by the Advocate of defendant/BMC as well as Advocate of plaintiff  that TAC committee submitted its report mentioning therein that structure is category of C2-B and it can be repaired without eviction. Thus, in view of pursis submitted by both parties the suit become infructuous. Accordingly suit is finally disposed off.
    Nature Of Disposal: OTHER
    Disposal Date: 07-01-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 108064/2018
    Filing Date: 19-06-2018
    First Hearing Date: 24th July 2018
    Decision Date: 07th January 2023
    Court Number And Judge: 6-COURT 06  ADDL. SESSIONS JUDGE

    Orders

    2
    Final Order 1
    07 Jan 2023
    Order Details: Other
    Pdf Text: 2 Dt:07.01.2023
    SU 1773/18
    Exh. 3
    Exh. 4
    CORAM : H.H.J. SHRI. R. K. KHOMANE ( C.R. No. 06 )
    Advocate Parvinder Singh Sethi for plaintiff present.
    Advocate Atik Shaikh alongwith Smt. Meena Dhuri for
    defendant/BMC present.
    L.O. 1.00 p.m.
    Advocate for Plaintiff Parvinder Singh Sethi filed pursis at
    Exh. 3 submitted therein that in view of recommendation
    of TAC Committee structure is category of C2B and requires
    repairs without eviction. So suit is infructuous. It kindly be
    disposed off.
    Advocate Atik Shaikh for defendant/BMC present and filed
    pursis at Exh.4 therein submitted that the suit become
    infructuous, no cause of action survives, so suit kindly be
    disposed off.
    In this suit plaintiff has challenged Eviction notice
    dated 17.05.2017 issued by BMC contending therein that
    notice structure is dilapidated condition and needs to be
    demolished. However, it is submitted by the Advocate of
    defendant/BMC as well as Advocate of plaintiff that TAC
    committee submitted its report mentioning therein that
    structure is category of C2B and it can be repaired without
    eviction. Thus, in view of pursis submitted by both parties
    the suit become infructuous. Accordingly suit is finally
    disposed off.
    Judge
    -- 1 of 1 --
    Order 1
    07 Jan 2023
    Order Details: Other
    Pdf Text: 2 Dt:07.01.2023
    SU 1773/18
    Exh. 3
    Exh. 4
    CORAM : H.H.J. SHRI. R. K. KHOMANE ( C.R. No. 06 )
    Advocate Parvinder Singh Sethi for plaintiff present.
    Advocate Atik Shaikh alongwith Smt. Meena Dhuri for
    defendant/BMC present.
    L.O. 1.00 p.m.
    Advocate for Plaintiff Parvinder Singh Sethi filed pursis at
    Exh. 3 submitted therein that in view of recommendation
    of TAC Committee structure is category of C2B and requires
    repairs without eviction. So suit is infructuous. It kindly be
    disposed off.
    Advocate Atik Shaikh for defendant/BMC present and filed
    pursis at Exh.4 therein submitted that the suit become
    infructuous, no cause of action survives, so suit kindly be
    disposed off.
    In this suit plaintiff has challenged Eviction notice
    dated 17.05.2017 issued by BMC contending therein that
    notice structure is dilapidated condition and needs to be
    demolished. However, it is submitted by the Advocate of
    defendant/BMC as well as Advocate of plaintiff that TAC
    committee submitted its report mentioning therein that
    structure is category of C2B and it can be repaired without
    eviction. Thus, in view of pursis submitted by both parties
    the suit become infructuous. Accordingly suit is finally
    disposed off.
    Judge
    -- 1 of 1 --

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