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SUIT - SHORT CAUSE CIVIL SUIT

RehanaBano Niyaz babukhanVsThe Municipal Commissioner, The Municipal Corporation of Greater Mumbai +1 more

CNR MHCC0100850720194-COURT 04 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 19th July 2025

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
102452/2023
Registration Date
09 Oct 2023

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    Specific Relief Act · Sec 35 · 36

    Case History / Proceedings

    Case History
    Date: 09-02-2024
    Business: As Court is busy in ad-interim matter,  dictating notice of motion order and due to paucity of time, matter adjourned.
    Matter adjourned for NM reply to 29/04/2024.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 29-04-2024
    
    Date: 29-04-2024
    Business: As Court is busy in HCTB Suit No. 875/12 to 887/12, Board is discharged, hence matter adjourned.
    Adjd  to 26.07.2024     for NM Reply
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 26-07-2024
    
    Date: 26-07-2024
    Business: None present for plaintiff
    Advocate Botlawar  for defendant/BMC present and seeks time to file reply to NM. Time is granted.
    Adjd  to  30.09.2024  for NM Reply and service of writ of summons
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 30-09-2024
    
    Date: 30-09-2024
    Business: None present for plaintiff
    Advocate  Botlawar    for defendant/BMC present and seeks time to file reply to NM. Time is granted as a last chance as suit is of year 2019.
    Adjd  to  13.11.2024    for NM Reply
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 13-11-2024
    
    Date: 13-11-2024
    Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
    None present for plaintiff
    Advocate  Sujata Puri    for defendant/BMC present and seeks time to file reply to NM. Time is granted as a one more last chance.
    Plaintiff is directed to register NM till next date.
    Adjd  to 06.01.2025    for   NM Reply and service of writ of summons.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 06-01-2025
    
    Date: 06-01-2025
    Business: CORAM : H.H.J. SHRI. A.G. SANTANI ( C.R. No. 04 )
    None present for plaintiff. Adv. Ms. Sujata Puri for the defendant/ MCGM is present and sought time to file NM reply. Time is granted. The matter is kept back.
    Later on at 3.42 p.m.
    The Plaintiff is not present to registered NM. Hence, the matter is posted for NM dismissal.
    Adjourned for NM dismissal/ NM Reply/writ of summons to 13.01.2025.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 13-01-2025
    
    Date: 13-01-2025
    Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
    None present for the plaintiff to tender registered NM. Hence, the draft NM stands dismissed in default. It be registered for statistical purpose. Adv. Mr. Swapnil Bharti h/f Adv. Ms. Sujata Puri for defendant/MCGM is present.  The plaintiff is absent to tender writ of summons. Hence, the suit is posted for dismissal.
    Adjourned for dismissal of suit to 15.02.2025.
    Next Purpose: SUIT DISMISSAL
    Next Hearing Date: 15-02-2025
    
    Date: 15-02-2025
    Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
    None present for the plaintiff to proceed with the matter. Hence, it is posted for dismissal. Adv. Ms. Pooja Nagarthawar h/f Adv. Ms. Honmane for defendant/MCGM is present.
    Adjourned for dismissal to 15.04.2025.
    Next Purpose: SUIT DISMISSAL
    Next Hearing Date: 15-04-2025
    
    Date: 15-04-2025
    Business: P. O. is on leave. Hence, Matter is adjourned.
    Next Purpose: SUIT DISMISSAL
    Next Hearing Date: 19-07-2025
    
    Date: 19-07-2025
    Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
    None present for the plaintiff.
    keep back
    Later on at 12.15 p.m
    None present for the plaintiff.
    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 she is absent since last considerable time for no justified reasons.
    NM is already rejected for default. Even thereafter no positive steps have been taken by the plaintiff. Nor any Order, staying this proceeding, is brought to notice of this Court. It is, thus, clear that the plaintiff lost her interest in the suit. Hence, the suit stands dismissed Under Order IX, Rule 2 of the CPC, 1908. All the pending applications are filed. She 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
    Disposal Date: 19-07-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 109035/2019
    Filing Date: 14-08-2019
    First Hearing Date: 09th February 2024
    Decision Date: 19th July 2025
    Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    19 Jul 2025

    Order Details: Other Pdf Text: 3 Dt:19.07.2025 SU 2452/2023 CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04) None present for the plaintiff. keep back Later on at 12.15 p.m None present for the plaintiff. 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.…

    Read Full Order

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