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SUIT - SHORT CAUSE CIVIL SUIT

Jayantilal Lalji Mehta +13 moreVsMunicipal Corporation of Greater Mumbai

CNR MHCC0100740620194-COURT 04 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 29th March 2025

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
102973/2023
Registration Date
11 Dec 2023

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    15

    Acts & Sections

    1
    CODE OF CIVIL PROCEDURE · Sec 2 and 151 · O39 · R 1

    Case History / Proceedings

    Case History
    Date: 27-02-2024
    Business: As Court is busy in Hearing and dictating NM HC Expdted NM and ad-interim hearing, Board is discharged, hence matter adjourned.
    Plaintiff is directed to register NM till next date.
    Adjd  to  25.06.2024  for NM REply
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 25-06-2024
    
    Date: 25-06-2024
    Business: None present for plaintiff
    Advocate Metakari   for defendant/BMC present and seeks time to file reply to NM. Time is granted as  a last chance as suit is filed in the year 2019.
    Adjd  to    22.08.2024  for NM Reply and  service of writ of summons
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 22-08-2024
    
    Date: 22-08-2024
    Business: None present for plaintiff
    Advocate Metakari   for defendant/BMC present and seeks time to file reply to NM. Time is granted.
    Adjd  to  26.11.2024   for NM Reply
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 26-11-2024
    
    Date: 26-11-2024
    Business: None present for plaintiff.
    Adv. Waghmare for defendant present and requested time to file reply
    Matter is of 2019,  One mre last chance is granted. Plaintiff is  get register NM and serve Writ of summons.
    Adjourned for NM reply  and w/s  to 16.01.2025.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-01-2025
    
    Date: 16-01-2025
    Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
    None present for the plaintiff to tender registered NM and writ of summons. Sufficient time is already granted. Hence, Draft NM stands dismissed in default. The plaintiff is called upon to tender registered NM (Disposed of) and writ of summons. In default, the suit would stand dismissed Adv. Mr. Swapnil Bharti for defendant/ MCGM is present.
    Adjourned for tendering registered NM (Disposed of)/writ of summons/dismissal to 29.03.2025.
    Next Purpose: DISMISSAL
    Next Hearing Date: 29-03-2025
    
    Date: 29-03-2025
    Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
    Plaintiff No. 10 - Mr. Bipin Hasmukhbhai Doshi is present in person. He informed that the plaintiffs want to withdraw the suit, as the structure is demolished and the property went under redevelopment. Adv. Mr. Jitendra Tiwari h/f Adv. Mr. Satyam Dubey for the plaintiff is present. He submitted that plaintiff No. 1 - Jayantilal Lalji Mehta expired on 29.09.2020 and his LRs are not interested to proceed with the matter, despite of intimation. In view of this statement, the suit stands abated against plaintiff No. 1. He filed the application for withdrawal of the suit, along-with self attested copy of Specific Power of Attorney executed by plaintiff Nos. 2 to 9 and 11 to 14 in favour of plaintiff No. 10 –
    Mr. Bipin Hasmukhbhai Doshi. Taken on record. It is marked as
    Exhibit 2. O- Other side to say. Adv. Ms. Sangita Honmane for defendant/MCGM is present when filed say on Exhibit 2. Heard.
    O- Considering the reasons, as the plaintiffs are not willing to proceed with the matter owing to demolition of the structure, they are permitted to withdraw the suit. Record shows draft NM (disposed of on 16.01.2025) is registered as NM No. 374/2025. The suitable order follows below Exhibit 1.
    Order below Exhibit 1:
    	In view of the Order on the application (Exhibit 2), the suit stands disposed of as withdrawn unconditionally by the plaintiffs. All the pending applications are, therefore, filed. The plaintiffs to bear costs of this suit. Bill of costs be drawn-up accordingly.
    	The Original documents filed on record be returned to the respective parties, on their submitting its Certified Copies, if the documents are exhibited, or Self-attested True Copies, if the documents are not exhibited, along-with undertaking to furnish the originals as and when required by the Court. The concerned Department to do the needful. The proceeding is closed.
    Nature Of Disposal: WITHDRAWL
    Disposal Date: 29-03-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 107817/2019
    Filing Date: 16-07-2019
    First Hearing Date: 27th February 2024
    Decision Date: 29th March 2025
    Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    29 Mar 2025

    Order Details: Other Pdf Text: Dt:29.03.2025 Sr. No. 3 SU 2973/23 Exhibit 2/C CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04) Plaintiff No. 10 - Mr. Bipin Hasmukhbhai Doshi is present in person. He informed that the plaintiffs want to withdraw the suit, as the structure is demolished and the property went under redevelopment. Adv. Mr. Jitendra Tiwari h/f Adv. Mr. Satyam Dubey for the plaintiff is present. He submitted that plaintiff No. 1 - Jayantilal Lalji Mehta expired…

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