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SUIT - SHORT CAUSE CIVIL SUIT

Mr.Bhogilal Velji KubadiaVsThe Designated Officer III

CNR MHCC0100740520186-COURT 06 ADDL. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 08th May 2025

TrustJury record updated 14 Sept 2026

Case Overview

Registration Number
101502/2018
Registration Date
21 Jun 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Hindu Marriage Act · Sec 34 · 37

    Case History / Proceedings

    Case History
    Date: 27-06-2018
    Business: By precipe
    Advocate Mr. Chedda for Plaintiff present.
    Advocate Mr. Sutar for Deft./MMC present.
    Adjourned for hearing to 06.07.2018.
    Next Purpose: HEARING
    Next Hearing Date: 06-07-2018
    
    Date: 06-07-2018
    Business: Advocate Mr. Chheda for plaintiff is present and filed draft NM a/w writ of summons.
    Advocate Mr. Sutar for deft./MMC present.
    Earlier in respect of the subject matter ad interim relief was granted till today. Today court is busy in hearing other matters.
    Hence, defendant-corporation is directed not to take any coercive action till next.
    Adjourned for ad interim hearing to 13.07.2018.
                                                                               Judge
    Next Purpose: N/M FOR AD-INTERIM
    Next Hearing Date: 13-07-2018
    
    Date: 13-07-2018
    Business: Advocate Mr. Chheda for plaintiff present.
    Advocate Mr. Sutar for deft./MMC present and requested short adjournment to file reply.
    Leave is granted to register the NM.
    Adjourned for ad interim hearing to 06.08.2018.
                                                                               Judge
    Next Purpose: N/M FOR AD-INTERIM
    Next Hearing Date: 06-08-2018
    
    Date: 06-08-2018
    Business: Advocate Mr. Chheda for plaintiff present and filed registered NM No.2638/18
    Advocate Mr. Sutar for deft./MMC present.
    Earlier order, if any, to continue till next date.
    Adjourned for reply to NM to 29.08.2018.
                                                                               Judge
    Next Purpose: N/M FOR AD-INTERIM
    Next Hearing Date: 29-08-2018
    
    Date: 29-08-2018
    Business: Representative of Plaintiff is present. His advocate is absent.
    Advocate Mr. Sutar for deft./MMC present.
    Earlier order, if any, to continue till next date.
    Adjourned for ad interim hearing to 26.09.2018.
                                                                               Judge
    Next Purpose: N/M FOR AD-INTERIM
    Next Hearing Date: 26-09-2018
    
    Date: 26-09-2018
    Business: Representative of plaintiff is present.
    Advocate Mr. Mahajan for deft./MMC present and requested short time to file reply.
    Adjourned for ad interim hearing to 29.09.2018.
    Next Purpose: N/M FOR AD-INTERIM
    Next Hearing Date: 29-09-2018
    
    Date: 29-09-2018
    Business: Advocate for plaintiff present.
    Advocate Mrs. Dhuri for deft./MMC present and requested for short adjournment.
    Earlier order, if any, to continue till next date.
    Adjourned for ad-interim hearing to 16.10.2018.
    Next Purpose: N/M FOR AD-INTERIM
    Next Hearing Date: 16-10-2018
    
    Date: 16-10-2018
    Business: Advocate for plaintiff present and requested short adjournment.
    Advocate Mr. Giri for deft./MMC present.
    Earlier order, if any, to continue till next date.
    Adjourned for ad interim hearing to 15.11.2018.
                                                                               Judge
    Next Purpose: N/M FOR AD-INTERIM
    Next Hearing Date: 15-11-2018
    
    Date: 15-11-2018
    Business: Advocate for plaintiff present.
    Advocate Mr. Giri for deft./MMC present and requested short adjournment.
    Earlier order, if any, to continue till next date.
    Adjourned for ad interim hearing to 08.01.2019.
                                                                               Judge
    Next Purpose: N/M FOR AD-INTERIM
    Next Hearing Date: 08-01-2019
    
    Date: 08-01-2019
    Business: Advocate for plaintiff present.
    Advocate Mr. Giri for deft./MMC present and requested short adjournment to file reply.
    Earlier order, if any, to continue till next date.
    Adjourned for ad interim hearing to 14.02.2019.
                                                                               Judge
    Next Purpose: N/M FOR AD-INTERIM
    Next Hearing Date: 14-02-2019
    
    Date: 14-02-2019
    Business: Representative of plaintiff is present. His advocate is absent and requested short adjournment.
    Advocate Mr. Khandagale for deft./MMC present.
    Earlier order, if any, to continue till next date.
    Adjourned for ad interim hearing to 19.03.2019.
                                                                               Judge
    Next Purpose: N/M FOR AD-INTERIM
    Next Hearing Date: 19-03-2019
    
    Date: 19-03-2019
    Business: Advocate for plaintiff present.
    Advocate Mr. Khandagale for deft./MMC present and requested short adjournment.
    Earlier order, if any, to continue till next date.
    Adjourned for ad interim hearing to 09.04.2019.
                                                                               Judge
    Next Purpose: N/M FOR AD-INTERIM
    Next Hearing Date: 09-04-2019
    
    Date: 09-04-2019
    Business: Advocate Mr. Mukesh Chheda for plaintiff present.
    Advocate Mr. Giri for deft./MMC present.
    Court is busy in other urgent matters.
    Adjourned for ad interim hearing to 02.05.2019.
                                                                               Judge
    Next Purpose: N/M FOR AD-INTERIM
    Next Hearing Date: 02-05-2019
    
    Date: 02-05-2019
    Business: Advocate for plaintiff present.
    Advocate Mr. Giri for deft./MMC present and requested short adjournment.
    Earlier order, if any, to continue till next date.
    Adjourned for ad interim hearing to 03.08.2019.
                                                                               Judge
    Next Purpose: N/M FOR AD-INTERIM
    Next Hearing Date: 03-08-2019
    
    Date: 03-08-2019
    Business: Advocate for plaintiff is present.
    Advocate Ms. Vyavahare for defendant/BMC present.
    Earlier order, if any, to continue till next date.
    Adjourned for NM reply to 10.10.2019.
                                                                               Judge
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-10-2019
    
    Date: 10-10-2019
    Business: None present for plaintiff.
    Advocate Mr. Dhumale for defendant/BMC is present.
    Adjourned for NM reply to 23.11.2019.
    Next Purpose: REPLY
    Next Hearing Date: 23-11-2019
    
    Date: 23-11-2019
    Business: As Court is on Leave. Hence, Board is discharged. Matter is adjourned.
    Next Purpose: REPLY
    Next Hearing Date: 21-12-2019
    
    Date: 21-12-2019
    Business: None present for plaintiff.
    Advocate Mr. Sutar for defendant/BMC is present and requested for short adjournment for filing reply on NM. Request is allowed.
    Adjourned for NM reply to 18.02.2020.
                                                                                   Judge
    Next Purpose: REPLY
    Next Hearing Date: 18-02-2020
    
    Date: 18-02-2020
    Business: Advocate for plaintiff present.
    Advocate Sutar for defendant/BMC present.
    Adjourned for N/M Reply to 21/04/2020.
    Next Purpose: REPLY
    Next Hearing Date: 21-04-2020
    
    Date: 21-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPLY
    Next Hearing Date: 12-05-2020
    
    Date: 12-05-2020
    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: REPLY
    Next Hearing Date: 01-06-2020
    
    Date: 01-06-2020
    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: REPLY
    Next Hearing Date: 18-06-2020
    
    Date: 18-06-2020
    Business: COVID-19
    Next Purpose: REPLY
    Next Hearing Date: 14-08-2020
    
    Date: 14-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPLY
    Next Hearing Date: 05-10-2020
    
    Date: 05-10-2020
    Business: Due to Covid-19. Matter is adjourned.
    Next Purpose: REPLY
    Next Hearing Date: 21-12-2020
    
    Date: 21-12-2020
    Business: None for plaintiff.
    Adv. Mrs. Vyavahare for defendant/BMC present.
    Adjourned for N/M Reply to 20/02/2021.
    Next Purpose: REPLY
    Next Hearing Date: 20-02-2021
    
    Date: 20-02-2021
    Business: None for plaintiff.
    Advocate for defendant/BMC present.
    Court busy in dictating order in HCTB matter.
    Adjourned for N/M Reply to 03/04/2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 03-04-2021
    
    Date: 03-04-2021
    Business: Advocate for plaintiff present.
    None for deft/BMC.
    Adjourned for NM hrg. to 13/07/2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-07-2021
    
    Date: 13-07-2021
    Business: Due to Covid-19. matter is adjourned.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-09-2021
    
    Date: 18-09-2021
    Business: Court is on Leave
    Adjd for N/M Hearing to 20.11.2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-11-2021
    
    Date: 20-11-2021
    Business: Advocate for plaintiff present.
    Advocate Smt. Meena Dhuri for defendant/BMC present.
    Plaintiff is granted last chance to argue N/M
    Adjd for NM Hearing to 28.01.2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-01-2022
    
    Date: 28-01-2022
    Business: In view of office order no.7/2022 dated 07.01.2022 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06.01.2022 of Hon\''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s.
    Adjd for NM Hearing to 06.04.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-04-2022
    
    Date: 06-04-2022
    Business: None present for plaintiff.
    Advocate Smt. Deepali Patil for defendant/BMC present.
    Adjd for NM Hearing to 19.08.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-08-2022
    
    Date: 19-08-2022
    Business: None present for plaintiff.
    Advocate Smt. Deepali Patil  for defendant/BMC presen
    Adjd for NM Hearing to   25.11.2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-11-2022
    
    Date: 25-11-2022
    Business: None present for plaintiff.
    Advocate Smt. Deepali Patil  for defendant/BMC present.
    Adjd for NM Hearing to  13.02.2023
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-02-2023
    
    Date: 13-02-2023
    Business: Advocate Yakshay Chheda for plaintiff present.
    Advocate Shri. B.S. Sutar for defendant/BMC present.
    Defendant/BMC has not filed reply on NM, Advocate for defendant/BMC is seeking time for filing reply on NM. Hence time is granted for filing reply on NM as last chance.
    Adjd for NM Reply to  29.03.2023
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 29-03-2023
    
    Date: 29-03-2023
    Business: None present for plaintiff.
    Advocate Smt. Deepali Patil  for defendant/BMC present.
    Adjd for NM Reply   to  10.07.2023
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 10-07-2023
    
    Date: 10-07-2023
    Business: Advocate Vishal Dhosade for plaintiff present.
    Advocate Deepali Patil present for defendant/BMC and sought adjournment..
    Matter adjourned for Nm reply to 25/09/2023.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 25-09-2023
    
    Date: 25-09-2023
    Business: Advocate Riddhi Natekar present for plaintiff.
    Advocate Deepali Patil present for defendant/BMC and fails to file reply. Hence, NM be proceeded without reply.
    Matter adjourned for Nm hearing to 03/01/24.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-01-2024
    
    Date: 03-01-2024
    Business: Advocate  Karan Chaurdhari present for plaintiff and instructed short adjournament. O-Granted.
    Advocate  Deepali Patil present for defendant/BMC.
    Matter adjourned for NM hearing to 18/03/2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-03-2024
    
    Date: 18-03-2024
    Business: Court is on half day leave (II Session)
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-07-2024
    
    Date: 05-07-2024
    Business: Advocate Niraj Jain present for plaintiff and sought adjournment. O- Granted.
    Advocate Bibhishan Sutar present for defendant/BMC.
    Matter adjourned for NM hearing to 16.10.2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-10-2024
    
    Date: 16-10-2024
    Business: Advocate Kartik Pillye h/f SSB Legal present for plaintiff and sought adjournment. O- Granted.
    Advocate Bibhishan Sutar present for defendant/BMC.
    Matter adjourned for NM hearing to 03.02.2025.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-02-2025
    
    Date: 03-02-2025
    Business: Advocate Kartik Pillye h/s SSB Legal  present for plaintiff.
    Advocate Bibishan Sutar present for defendant/BMC.
    Matter adjourned for NM hearing to 17-03-2025.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-03-2025
    
    Date: 17-03-2025
    Business: Advocate Kartik Pillye present for plaintiff and sought adjournment. O.-granted.
    Advocate Sutar present for defendant/BMC.
    Matter adjourned for NM Hearing to 18.07.2025.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-05-2025
    
    Date: 08-05-2025
    Business: By Praecipe.
    Plaintiff present.
    Advocate Kartik Pillye h/f SSB Legal present for plaintiff and filed application for withdrawal of suit. TOR and marked as Exh. 2.           O - Other side to say.
    Adv. A. K. Nandanwar present for defendant/BMC and filed say on application Exh. 2 itself.
    Order on Exh. 2
    This case is filed for injunction and declaration.  The plaintiff today appeared and filed application for withdrawal of the suit. The plaintiff came to be examined in the court. The plaintiff reiterated the contents of application. He submitted that he wants to withdraw the suit.  The plaintiff is dominus litus and can withdraw the suit. The BMC has opposed the withdrawal but claimed no costs. In such circumstances, I am on the view that the permission be granted to withdraw the suit. Hence following order is passed.
    ORDER
    1. The plaintiff is allowed to withdraw the suit.
    2. The suit stands withdrawn.
    3. No order as to costs.
    4. The case papers be sent to record room for further preservation.
    5. The court fee be refunded as per rules.
    6. NM bearing no. 2638 of 2018 stands disposed off.
    Nature Of Disposal: WITHDRAWL
    Disposal Date: 08-05-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 108153/2018
    Filing Date: 21-06-2018
    First Hearing Date: 27th June 2018
    Decision Date: 08th May 2025
    Court Number And Judge: 6-COURT 06  ADDL. SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    08 May 2025

    Order Details: Other Pdf Text: Daily Status IN THE COURT OF :COURT 06 ASST. SESSIONS JUDGE Case No. :SUIT/0101502/2018 Mr.Bhogilal Velji Kubadia Vs The Designated Officer III Date : 08-05-2025 Business : By Praecipe. Plaintiff present. Advocate Kartik Pillye h/f SSB Legal present for plaintiff and filed application for withdrawal of suit. TOR and marked as Exh. 2. O - Other side to say. Adv. A. K. Nandanwar present for defendant/BMC and filed say on application Exh. 2 itself. Order…

    Read Full Order
    Order 1Full order available
    08 May 2025

    Order Details: Other Pdf Text: Daily Status IN THE COURT OF :COURT 06 ASST. SESSIONS JUDGE Case No. :SUIT/0101502/2018 Mr.Bhogilal Velji Kubadia Vs The Designated Officer III Date : 08-05-2025 Business : By Praecipe. Plaintiff present. Advocate Kartik Pillye h/f SSB Legal present for plaintiff and filed application for withdrawal of suit. TOR and marked as Exh. 2. O - Other side to say. Adv. A. K. Nandanwar present for defendant/BMC and filed say on application Exh. 2 itself. Order…

    Read Full Order

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