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SUIT - SHORT CAUSE CIVIL SUIT

Farooq Sayed Zaki AhmadVsThe Municipal Corporation for Greater Mumbai +1 more

CNR MHCC0100841820194-COURT 04 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 25th July 2025

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
102487/2023
Registration Date
10 Oct 2023

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    2
    CODE OF CIVIL PROCEDURE · Sec O39 · R1and2
    Specific Relief Act · Sec 34 · 37 · 38

    Case History / Proceedings

    Case History
    Date: 12-02-2024
    Business: None present for plaintiff
    Advocate Suryavanshi  for defendant/BMC present and seeks time to file reply to NM. Time is granted.
    Adjd  to  26.04.2024   for NM Reply
    Next Purpose: DIRECTIONS
    Next Hearing Date: 26-04-2024
    
    Date: 26-04-2024
    Business: None present for plaintiff.
    Advocate Suryavanshi for defendant/BMC present and seeks time to file reply to NM. Time is granted.
    NM is pending since 2019 for reply, hence matter adjourned  in the interest of justice.
    Plaintiff is directed to tender original NM till next date.
    Adjd  to 09.08.2024 for NM Reply and service of writ of summons
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 09-08-2024
    
    Date: 09-08-2024
    Business: None present for plaintiff
    Advocate Honmane for defendant/BMC present and seeks time to file reply to NM. Time is granted.
    Plaintiff to tender original NM till next date.
    Adjd  to 09.10.2024 for NM Reply and service of writ of summons.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 09-10-2024
    
    Date: 09-10-2024
    Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
    As Court is busy in dictating Judgment in su No.547/2012 and HC expedited NM order, Board is discharged, hence matter adjourned.
    Adjd  to  04.12.2024   for NM Reply and service of writ of summons
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 04-12-2024
    
    Date: 04-12-2024
    Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
    None present for plaintiff
    Advocate   Honmane  for defendant/BMC present and seeks time to file reply to NM. Time is granted.
    Plaintiff to tender NM till next date
    Adjd  to 10.02.2025    for NM Reply   and service of writ of summons
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 10-02-2025
    
    Date: 10-02-2025
    Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
    None present for the plaintiff to tender registered NM. Hence, Un-tendered draft NM stands dismissed in defalut. The plaintiff is directed to tender registered NM and to ensure due service of suit summons on the other side and to file the writ of summons/ affidavit of service, positively on the next date. In default, the suit would stand dismissed. Adv. Ms. Sangita Honmane for defendant/ MCGM is present.
    Adjourned for tendering registered NM (disposed of)/writ of summons to 21.04.2025.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 21-04-2025
    
    Date: 21-04-2025
    Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
    None present for the plaintiff to tender registered NM (disposed of) and writ of summons. Hence, it is posted for dismissal. Adv. Ms. Sujata Puri for defendant/MCGM is present.
    Adjourned for dismissal/writ of summons to 25.07.2025.
    Next Purpose: DISMISSAL
    Next Hearing Date: 25-07-2025
    
    Date: 25-07-2025
    Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
    None present for the plaintiff.
    Adv. Ms. Sangita Honmane for defendant/MCGM is present.
    Order Below Exhibit No. 01:
           Today, the plaintiff is absent to proceed with the matter. Though the matter is filed in the year of 2023, till date the plaintiff couldn't ensure due service of the suit summons on the defendants, even after specific directions. It seems that he is absent since last considerable time for no justified reasons. Nor any Order, staying this proceeding, is brought to notice of this Court. It is, thus, clear that the plaintiff lost his interest in the suit. Hence, the suit stands dismissed Under Order IX, Rule 4 of the CPC, 1908. All the pending applications are filed. He is called upon to bear the costs of the litigation. Bill of costs be drawn-up accordingly.
    	The Original documents, if any, 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: DISMISSED IN DEFAULT
    Disposal Date: 25-07-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 108950/2019
    Filing Date: 13-08-2019
    First Hearing Date: 12th February 2024
    Decision Date: 25th July 2025
    Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    25 Jul 2025

    Order Details: Other Pdf Text: 4 Dt:25.07.2025 SU 2487/23 CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04) None present for the plaintiff. Adv. Ms. Sangita Honmane for defendant/MCGM is present. Order Below Exhibit No. 01: Today, the plaintiff is absent to proceed with the matter. Though the matter is filed in the year of 2023, till date the plaintiff couldn't ensure due service of the suit summons on the defendants, even after specific directions. It seems that he…

    Read Full Order

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