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SUIT - SHORT CAUSE CIVIL SUIT

Billimoria Marbles and Stones Pvt. Ltd.VsThe Designated Officer and The Deputy Estate Manager

CNR MHCC01008743201959-Court 59 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 19th July 2021

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
102331/2019
Registration Date
23 Aug 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Hindu Marriage Act · Sec 34 and 35

    Case History / Proceedings

    Case History
    Date: 26-08-2019
    Business: Fresh matter assigned to this Court.
    By Praecipe
    Adv. Dalal a/w Adv. Prerak Choudhary for plaintiff present.
    Adv. Bhangale for defendant present.
    Ld counsel for the Plff filed Draft NM alongwith affidavit and list of compilation of documents. TOR. ORDER Heard. Leave granted. NM be registered. Copy is given to otherside.
    Ld. counsel for defendant seek one week time to file reply. On the other hand the Ld. Counsel for plaintiff prayed for interim relief. Considering the submission time is granted till 09/09/2019 to file reply. Till then parties to maintain status-quo. The Ld. Counsel for defendant submitted that he will serve copy of reply in advance to Ld. Counsel for plaintiff. In that contents parties to argue the matter on 09/09/2019.
    Matter already adjd for reply on 09/09/2019.
    Next Purpose: REPLY
    Next Hearing Date: 09-09-2019
    
    Date: 09-09-2019
    Business: Adv. Prerak Choudhary for plaintiff present.
    Adv. Bhangale for defendant present.
    Mr. Kazi representative of BPT present.
    Ld. counsel for plaintiff filed registered NM a/w affidavit. TOR.
    Reply filed by defendant to NM. Copy is served to plaintiff.
    Earlier order to continue till next date.
    Matter adjd by consent for NM hearing on 04/10/2019 at 03.15 pm.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-10-2019
    
    Date: 04-10-2019
    Business: Adv. Dalal for plaintiff present.
    Adv. Basu for defendant present.
    Earlier order to continue till next date.
    Matter adjd for NM hearing on 18/10/2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-10-2019
    
    Date: 18-10-2019
    Business: Adv. Dalal for plaintiff present.
    Adv. Bhadang a/w Adv. Kaustub for defendant present.
    Mr. Kazi representative of BPT present.
    Earlier order continue till next date.
    As Court is busy in recording evidence, NM hearing and orders this matter is adjourned.
    Matter adjd for NM hearing on 14/11/2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-11-2019
    
    Date: 14-11-2019
    Business: Adv. Dalal for plaintiff present.
    Adv. Bhadang for defendant present.
    BPT representative is present.
    Earlier order continue till next date.
    Matter adjd for NM hearing on 04/12/2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-12-2019
    
    Date: 04-12-2019
    Business: HHJ IS ON TRANING AT UTTAN
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-01-2020
    
    Date: 04-12-2019
    Business: HHJ IS ON TRANING AT UTTAN
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-01-2020
    
    Date: 07-01-2020
    Business: Adv. Dalal for plaintiff present.
    Adv. Bhadang with Adv. Basu for defendant present.
    Representative of defendant Mr. Ganesh Pol is present.
    The Ld Adv appearing for plff has filed 4 citations. t.o.r.
    Heard Ld Adv. appearing for plff. The Ld Adv appearing for plff has completed his submission. I have heard part argument of deft Advocate. Hence matter adjourned for further argument of deft.
    Earlier interim order is continue till next date.
    Matter adjd for further argument of deft on 24/01/2020 at 02.45 pm.
    Next Purpose: NM  ARGUMENTS P.H.
    Next Hearing Date: 24-01-2020
    
    Date: 07-01-2020
    Business: Adv. Dalal for plaintiff present.
    Adv. Bhadang with Adv. Basu for defendant present.
    Representative of defendant Mr. Ganesh Pol is present.
    The Ld Adv appearing for plff has filed 4 citations. t.o.r.
    Heard Ld Adv. appearing for plff. The Ld Adv appearing for plff has completed his submission. I have heard part argument of deft Advocate. Hence matter adjourned for further argument of deft.
    Earlier interim order is continue till next date.
    Matter adjd for further argument of deft on 24/01/2020 at 02.45 pm.
    Next Purpose: NM  ARGUMENTS P.H.
    Next Hearing Date: 24-01-2020
    
    Date: 24-01-2020
    Business: Adv. Dalal with Adv. Prakash Chaudhari for plaintiff present.
    Adv. Bhadang for defendant present.
    Representative of BPT Mr. Ganesh Pol present.
    Court is busy in dictating order in other matters. Hence this matter is adjourned.
    Earlier interim order, if any, is continued till next date.
    Matter adjd for NM Argument (PH) on 04/02/2020 at 02.45 pm.
    Next Purpose: NM  ARGUMENTS P.H.
    Next Hearing Date: 04-02-2020
    
    Date: 04-02-2020
    Business: Court is on leave.
    Next Purpose: NM  ARGUMENTS P.H.
    Next Hearing Date: 21-02-2020
    
    Date: 04-02-2020
    Business: Court is on leave.
    Next Purpose: NM  ARGUMENTS P.H.
    Next Hearing Date: 21-02-2020
    
    Date: 21-02-2020
    Business: Adv. Jigar Kamdar for plaintiff present.
    Adv. Bhadang for defendant present.
    Earlier interim order if any is continued till next date.
    Court busy in dictating Notice of Motions.
    Matter adjd for NM hearing to 02-03-2020 at 3.30 pm.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-03-2020
    
    Date: 21-02-2020
    Business: Adv. Jigar Kamdar for plaintiff present.
    Adv. Bhadang for defendant present.
    Earlier interim order if any is continued till next date.
    Court busy in dictating Notice of Motions.
    Matter adjd for NM hearing to 02-03-2020 at 3.30 pm.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-03-2020
    
    Date: 02-03-2020
    Business: Adv Prerak Choudhari for plaintiff present.
    Adv Bhadang for defendant present.
    Heard Ld Adv for defendant partly.
    Earlier interim order if any is continued till next date.
    Matter adjd for further NM hearing by defendant to 07-03-2020 at 12.00 noon.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-03-2020
    
    Date: 02-03-2020
    Business: Adv Prerak Choudhari for plaintiff present.
    Adv Bhadang for defendant present.
    Heard Ld Adv for defendant partly.
    Earlier interim order if any is continued till next date.
    Matter adjd for further NM hearing by defendant to 07-03-2020 at 12.00 noon.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-03-2020
    
    Date: 07-03-2020
    Business: Adv. P.Choudhari for plaintiff present.
    Adv. Bhadang for defendant present.
    Ex.02 Ld Adv for defendant filed written argument t.o.r. O-R and R.
    Heard Ld Adv Bhadang for defendant. Ld adv relied upon Sec. 02 (7), sec. 21, 22, 43, 44, 45, 53 of MRTP Act.
    Ld Adv for defendant filed citation Civil Rev. Appln. No. 448 of 2013, dated 16-01-2015 t.o.r.
    Earlier interim order if any is continued till next date.
    Adv Harsha for defendant present.
    Ex.03  Ld Adv for defendant t.o.r. O- seen and filed.
    Matter adjd for filing legal submission from both sides to 19-03-2020 at 2.45 pm.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-03-2020
    
    Date: 19-03-2020
    Business: Adv. Kamdar for plaintiff present.
    Adv. Medas for defendant present.
    As per office order No. 66 of 2020 dated 16 March, 2020, the Hon\''ble Principal Judge, is pleased to direct to take up only urgent matters in view of declaration of Novel Coronavirus (COVID-19) as global pandemic by World Health Organisation, in view of Hon\''ble High Court, Bombay notification and advisory dated 14 March, 2020 and Hon\''ble High Court of Bombay circular (Annexture-A) dated 16 March, 2020.
    Earlier interim order if any is continued till next date.
    Matter adjd for NM Hearing on 09/04/2020 at 02.45 pm.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-04-2020
    
    Date: 19-03-2020
    Business: Adv. Kamdar for plaintiff present.
    Adv. Medas for defendant present.
    As per office order No. 66 of 2020 dated 16 March, 2020, the Hon\''ble Principal Judge, is pleased to direct to take up only urgent matters in view of declaration of Novel Coronavirus (COVID-19) as global pandemic by World Health Organisation, in view of Hon\''ble High Court, Bombay notification and advisory dated 14 March, 2020 and Hon\''ble High Court of Bombay circular (Annexture-A) dated 16 March, 2020.
    Earlier interim order if any is continued till next date.
    Matter adjd for NM Hearing on 09/04/2020 at 02.45 pm.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-04-2020
    
    Date: 09-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-04-2020
    
    Date: 21-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-06-2020
    
    Date: 01-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-06-2020
    
    Date: 01-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-06-2020
    
    Date: 18-06-2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-09-2020
    
    Date: 18-06-2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-09-2020
    
    Date: 04-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-10-2020
    
    Date: 01-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-10-2020
    
    Date: 01-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-10-2020
    
    Date: 26-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-12-2020
    
    Date: 26-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-12-2020
    
    Date: 02-12-2020
    Business: None present for plaintiff.
    Adv. Basu for defendant present.
    Adv. for defendant filed Summary of the Scheme of the Maharashtra Regional and Town Planning Act, 1966. TOR. O-seen.
    The Ld Adv appearing for deft submits that he will serve copy of the said summary to otherside.
    The Ld Adv appearing for deft submits that matter may be posted for rejoinder argument of plff.
    Earlier interim order if any is continued till next date.
    Matter adjd for rejoinder argument of plff on 08/01/2021.
    Next Purpose: REJOINDER
    Next Hearing Date: 08-01-2021
    
    Date: 02-12-2020
    Business: None present for plaintiff.
    Adv. Basu for defendant present.
    Adv. for defendant filed Summary of the Scheme of the Maharashtra Regional and Town Planning Act, 1966. TOR. O-seen.
    The Ld Adv appearing for deft submits that he will serve copy of the said summary to otherside.
    The Ld Adv appearing for deft submits that matter may be posted for rejoinder argument of plff.
    Earlier interim order if any is continued till next date.
    Matter adjd for rejoinder argument of plff on 08/01/2021.
    Next Purpose: REJOINDER
    Next Hearing Date: 08-01-2021
    
    Date: 08-01-2021
    Business: At 11.12 am
    Adv. Mr. Zubin Dalal for plaintiff present and stated that he will not be available in afternoon session.
    Adv. for plaintiff requested to continue the earlier order.
    K.B. L.O. at 2.45 pm
    Adv. Akshata Timmapur along with Roop Basu I/b The law point for defendant present and requested for short date.
    Earlier interim order if any to be continued till next date.
    Adjd for NM arguments to 12/02/2021
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 12-02-2021
    
    Date: 12-02-2021
    Business: Adv. Trisha Ranka h/f Adv. Prerak Choudhary for plaintiff present.
    Adv. Roopadaksha Basu  and Adv. Harsha Asrani for defendant present.
    Earlier interim order if any is continued till next date.
    Adjd for NM arguments to 09/03/2021
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 09-03-2021
    
    Date: 09-03-2021
    Business: Adv. Mr. Zubin Dalal for plaintiff present.
    Adv. Mr. Roop Basu h/f Adv. Bhadang for defendant present.
    Heard arguments of Adv. Mr. Dalal for plaintiff.
    Adjourned for arguments of Adv. for defendant.
    Earlier interim order if any is continued till next date.
    Adjd for arguments PH to 11/03/2021
    Next Purpose: NM  ARGUMENTS P.H.
    Next Hearing Date: 11-03-2021
    
    Date: 11-03-2021
    Business: Adv. for plaintiff present.
    Adv. Mr. Bhadang for defendant present.
    Heard arguments of Adv. Mr. Bhadang for defendant.
    Earlier interim order if any is continued till next date.
    Adjd for NM Order to 25/03/2021
    Next Purpose: NM  ORDERS
    Next Hearing Date: 25-03-2021
    
    Date: 25-03-2021
    Business: Adv. Mr. Zubin Dalal for plaintiff present.
    Adv. Mr. Roop Basu h/f Adv. Bhadang for defendant present.
    FRSR FOLLOWING ORDER PASSED IN NM No. 3355/19
                                   ORDER
    1. Notice of Motion is rejected.
    2. No order as to cost.
    3. Accordingly, Notice of Motion is disposed of.
    Adv. for plaintiff filed application for stay. O- Other side to say.
    Reply filed in the application by the Adv. for defendant
    Adv. for plaintiff requested for argument.
    Adjd for argument to 26/03/2021
    Next Purpose: ARGUMENTS
    Next Hearing Date: 26-03-2021
    
    Date: 26-03-2021
    Business: Adv. Mr. Prerak Chaudhary for plaintiff present.
    Adv. Ms. Shivani Kumbhojkar for defendant present.
    ORDER below Exh.4
    1. Application is rejected.
    2. Accordingly, application is disposed of.
    Adjd for directions to 16/07/2021
    Next Purpose: DIRECTIONS
    Next Hearing Date: 16-07-2021
    
    Date: 16-07-2021
    Business: Both the advocates present.
    	Adv. for Plaintiff filed an application for withdrawal of the suit with affidavit.
    	Matter adj. to 19/07/2021 for withdrawal.
    Next Purpose: WITHDRAWAL
    Next Hearing Date: 19-07-2021
    
    Date: 19-07-2021
    Business: Plaintiff absent.
    	Adv. for defendant present.
    	As the Plaintiff does not wish to proceed with the suit, the suit is dismissed for want of prosecution and accordingly disposed off.
    Nature Of Disposal: DISMISSED
    Disposal Date: 19-07-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 109341/2019
    Filing Date: 22-08-2019
    First Hearing Date: 26th August 2019
    Decision Date: 19th July 2021
    Court Number And Judge: 59-Court 59 ADDL SESSIONS JUDGE

    Orders

    3
    Final Order 2
    19 Jul 2021
    Order Details: Other
    Pdf Text: Daily Status
    IN THE COURT OF :Court 59 ADDL SESSIONS JUDGE
    Case No. :SUIT/0102331/2019
    Billimoria Marbles and Stones Pvt. Ltd. Vs The Designated Officer and The Deputy
    Estate Manager
    Date : 19-07-2021
    Business : Plaintiff absent. Adv. for defendant present. As
    the Plaintiff does not wish to proceed with the
    suit, the suit is dismissed for want of prosecution
    and accordingly disposed off.
    Nature of Disposal : DISMISSED
    Disposal Date : 19-07-2021
    Court 59 ADDL SESSIONS JUDGE
    -- 1 of 1 --
    Interim Order 1Full order available
    26 Mar 2021

    Order Details: Order below exhibit Pdf Text: SUIT NO.2331/2019 ORDER BELOW EXH.4 IN SUIT NO.2331 OF 2019 Billimoria Marbles and Stones Pvt Ltd … Plaintiff Versus The Designated Officer and The Deputy Estate Manager, Mumbai Port Trust ….Defendant ORDER 1) The application is filed by plaintiff to extend the earlier order of ad interim for a period of one month to file appeal against the order passed in notice of motion. The defendant filed reply and opposed to grant stay…

    Read Full Order
    Order 1Full order available
    26 Mar 2021

    Order Details: Order below exhibit Pdf Text: SUIT NO.2331/2019 ORDER BELOW EXH.4 IN SUIT NO.2331 OF 2019 Billimoria Marbles and Stones Pvt Ltd … Plaintiff Versus The Designated Officer and The Deputy Estate Manager, Mumbai Port Trust ….Defendant ORDER 1) The application is filed by plaintiff to extend the earlier order of ad interim for a period of one month to file appeal against the order passed in notice of motion. The defendant filed reply and opposed to grant stay…

    Read Full Order

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