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SUIT - SHORT CAUSE CIVIL SUIT

Abdul Kadar AagwanVsThe Municipal Corporation of Gr. Mumbai +1 more

CNR MHCC01009147201911-COURT 11 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 01st July 2023

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
103114/2019
Registration Date
19 Nov 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Petitioner

    1. 1Abdul Kadar Aagwan

    Respondent

    1. 1The Municipal Corporation of Gr. Mumbai
    2. 2Designated Officer MCGM

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec Order 39

    Case History / Proceedings

    Case History
    Date: 05-12-2019
Business: None for plaintiff present.
Adv. Ms. Mhatre for deft./MCGM present, prayed for adjournment to file W.S.
Matter is adjd. for W.S. on 13.02.2020.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 13-02-2020

Date: 13-02-2020
Business: Adv. Mr. Pal for plaintiff present.
Adv. Mrs. Mhatre for deft./MCGM, prayed for adjd to file W.S.
Mr. Abdul, Plff is present.
Matter is adjd. for W.S. on 03.04.2020.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 03-04-2020

Date: 03-04-2020
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 17-04-2020

Date: 17-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 06-05-2020

Date: 06-05-2020
Business: National Lockdown
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 28-05-2020

Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 15-06-2020

Date: 15-06-2020
Business: National Lockdown
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 14-08-2020

Date: 14-08-2020
Business: Due to covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 08-10-2020

Date: 08-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 04-12-2020

Date: 04-12-2020
Business: None for plff.
Adv. Tondwalkar for deft./MCGM present, prayed for time to file W/s.
Matter is adjd.to 17.03.2021.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 17-03-2021

Date: 17-03-2021
Business: Adv. Pal for plaintiff present.
Adv. Mhatre for deft./MCGM present and requested short time to file WS.
Matter is adjourned for Written Statement to 11.06.2021.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 11-06-2021

Date: 11-06-2021
Business: Due to Covid 19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 02-08-2021

Date: 02-08-2021
Business: Adv. Mr. Pal for plaintiff present.
Adv. Mr. Khandagale for deft./MCGM present and requested short time to file W/s.
Matter is adjourned for W/s to 24.09.2021.
                                                                               Judge
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 24-09-2021

Date: 24-09-2021
Business: Court is Vacant. Matter adj.to next date.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 24-11-2021

Date: 24-11-2021
Business: Court is vacant. Matter is adj. to next date.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 19-01-2022

Date: 19-01-2022
Business: None present for plaintiff.
Adv. Mr. Khandagale for defendant/MCGM is present.
Adv. for defendant orally requested time for filing WS. Granted.
In view of office order no. 07/2022 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.
Adjourned for WS to 21.03.2022.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 21-03-2022

Date: 21-03-2022
Business: None present for plaintiff.
Adv. Mr. Khandagale for defendant/MCGM is present and orally requested for time to file WS. Sufficient time is already granted. Hence, this request is discarded and the suit is proceeded without his WS.
Adjourned for filing affidavit of documents (No WS) to 06.07.2022.
Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
Next Hearing Date: 06-07-2022

Date: 06-07-2022
Business: None present for plaintiff.
Adv. Mr. Khandagale for defendant/MCGM is present.
The plaintiff is absent for filing affidavit of documents. Hence, the matter is posted for R/E.
Adjourned for R/E (No WS) to 29.08.2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-08-2022

Date: 29-08-2022
Business: None present for the plaintiff.
Adv. Mr. Khandagale for defendant/MCGM is present.
Adjourned for R/E to 19.10.2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-10-2022

Date: 19-10-2022
Business: None present for the plaintiff to proceed with the matter.
Adv. Khandagale for defendant/MCGM is present.
Adjourned for dismissal Order to 07.12.2022.
Next Purpose: DISMISSAL
Next Hearing Date: 07-12-2022

Date: 07-12-2022
Business: Son of the plaintiff is present. His advocate is absent. He requested for time to proceed with the matter.
Adv. Khandagale for defendant/MCGM is present.
Adjourned for dismissal Order to 30.01.2023.
Next Purpose: DISMISSAL
Next Hearing Date: 30-01-2023

Date: 30-01-2023
Business: Son of plaintiff is present in person.
Adv. Mr. Shailesh Pal for the plaintiff is present and requested for time to lead evidence. The matter is pending for dismissal Order. Considering his request, it is adjourned lastly for dismissal.
Adv. Mr. S.C. Khandagale for defendant/MCGM is present.
Adjourned for dismissal Order to 18.03.2023.
Next Purpose: DISMISSAL
Next Hearing Date: 18-03-2023

Date: 18-03-2023
Business: Adv. Mr. Shailesh Pal for the plaintiff is present and requested for time to proceed with the matter. Sufficient time is already granted. Still, considering his request, matter is adjourned subject to 3,000/-(Rs. Three Thousand) to be deposited in favour of DLSA, Mumbai, till the next date. In default, the suit would stand dismissed.
Adv. Mrs. S.S. Chavan h/f Adv. Khandagale for defendant/MCGM is present.
Adjourned for costs/compliance/dismissal Order to 29.04.2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 29-04-2023

Date: 29-04-2023
Business: The plaintiff is absent to comply with the Order of costs.
Adv. Mr. Giri for defendant/MCGM is present.
Adjourned for dismissal Orders to 01.07.2023.
Next Purpose: DISMISSAL
Next Hearing Date: 01-07-2023

Date: 01-07-2023
Business: None present for the plaintiff. The matter is kept back.
Adv. Mr. G.O. Giri for defendant/MCGM is present.
LO at 12.05 p.m.
The appearance is as above.
Order below exhibit No. 01
      The record shows that the plaintiff is absent to proceed further with the matter since last considerable time and hence, it is posted for dismissal order. He is absent even to comply with the Order of costs dtd. 18.03.2023. Today, he was absent and hence, the suit was kept back for his appearance, but all in vain. Nor, any stay order is communicated on record. It is, thus, clear that he is not worried to proceed further with the suit. In the result, the suit is dismissed for want of his prosecution U/O. IX, Rule 8 of the C.P.C.,1908. All the pending applications are filed. The parties to bear their own costs of litigation. Bill of costs be drawn-up accordingly. The proceeding is closed.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 01-07-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 109741/2019
Filing Date: 05-09-2019
First Hearing Date: 05th December 2019
Decision Date: 01st July 2023
Court Number And Judge: 11-COURT 11  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    01 Jul 2023
    Order Details: Order below exhibit
Pdf Text: 01.07.2023
Sr. No. 5
CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11)
SU 3114/19 None present for the plaintiff. The matter is kept back.
Adv. Mr. G.O. Giri for defendant/MCGM is present.
LO at 12.05 p.m.
The appearance is as above.
Order below exhibit No. 01:
The record shows that the plaintiff is absent to proceed further
with the matter since last considerable time and hence, it is posted
for dismissal order. He is absent even to comply with the Order of
costs dtd. 18.03.2023. Today, he was absent and hence, the suit was
kept back for his appearance, but all in vain. Nor, any stay order is
communicated on record. It is, thus, clear that he is not worried to
proceed further with the suit. In the result, the suit is dismissed for
want of his prosecution U/O. IX, Rule 8 of the C.P.C.,1908. All the
pending applications are filed. The parties to bear their own costs
of litigation. Bill of costs be drawn-up accordingly. The proceeding
is closed.
Judge
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