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SUIT - SHORT CAUSE CIVIL SUIT

Mr. Lokesh Jagdish RathodVsThe commissioner +1 more

CNR MHCC0100956720196-COURT 06 ADDL. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DECREED
Decision Date: 17th November 2021

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
102681/2019
Registration Date
10 Oct 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1

    Case History / Proceedings

    Case History
    Date: 07-11-2019
    Business: Advocate for plaintiff is present
    Advocate  Ms.Vyavahare for defendant/BMC is present
    Plff is directed to serve the writ of summons and file affidavit of service on next date.
    Adjourned for Writ of summons to 07/12/2019.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 07-12-2019
    
    Date: 07-12-2019
    Business: Advocate for plaintiff is present.
    Advocate Mr. Sutar for defendant/BMC is present.
    Adjourned for written statement to 21.12.2019.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 21-12-2019
    
    Date: 21-12-2019
    Business: Advocate for plaintiff is present.
    Advocate Mr. Sutar for defendant/BMC is present and requested for short adjournment. Request is allowed subject to limitation.
    Adjourned for written statement to 18.01.2020.
                                                                                   Judge
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 18-01-2020
    
    Date: 18-01-2020
    Business: Advocate for plaintiff present.
    Advocate Dhuri for defendant/BMC present.
    Adjourned for Written Statement of defendant to 13/02/2020.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 13-02-2020
    
    Date: 13-02-2020
    Business: Advocate for plaintiff present.
    Advocate Sutar for defendant/BMC present.
    Ld. Adv. for defendant/BMC requested for time.- Granted.
    Adjourned for No W.S. Order to 07/03/2020.
    Next Purpose: ORDER
    Next Hearing Date: 07-03-2020
    
    Date: 07-03-2020
    Business: As court is on leave. Matter is adjourned.
    Next Purpose: ORDER
    Next Hearing Date: 31-03-2020
    
    Date: 31-03-2020
    Next Purpose: ORDER
    Next Hearing Date: 17-04-2020
    
    Date: 17-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: ORDER
    Next Hearing Date: 06-05-2020
    
    Date: 06-05-2020
    Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 77 of 2020 matter adjourned.
    Next Purpose: ORDER
    Next Hearing Date: 28-05-2020
    
    Date: 28-05-2020
    Business: In view of extension of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
    Next Purpose: ORDER
    Next Hearing Date: 15-06-2020
    
    Date: 15-06-2020
    Business: k
    Next Purpose: ORDER
    Next Hearing Date: 24-06-2020
    
    Date: 24-06-2020
    Business: COVID-19
    Next Purpose: ORDER
    Next Hearing Date: 15-07-2020
    
    Date: 15-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: ORDER
    Next Hearing Date: 10-08-2020
    
    Date: 10-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: ORDER
    Next Hearing Date: 21-09-2020
    
    Date: 21-09-2020
    Business: Adjourned due to Covid-19
    Next Purpose: ORDER
    Next Hearing Date: 28-10-2020
    
    Date: 28-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: ORDER
    Next Hearing Date: 02-12-2020
    
    Date: 02-12-2020
    Business: Advocate for plaintiff absent.
    Advocate for defendant/BMC absent.
    No.W.S. is filed by BMC. Therefore suit to proceed without W.S.
    Adjourned for Draft Issues to 16/02/2021.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 16-02-2021
    
    Date: 16-02-2021
    Business: Advocate for plaintiff present and requested for time to filing evidence. O-Granted.
    Advocate Mrs. Dhuri for defendant/BMC present.
    Adjourned for filing evidence to 22/06/2021.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 31-03-2021
    
    Date: 31-03-2021
    Business: By precipe
    Advocate for plaintiff present. He requested for preponement of date. Defendant/BMC is absent though served. Ld. Advocate for plaintiff to intimate BMC with respect to the change in date and tender on record affidavit of service on BMC.
    Adjourned for Filing Evidence of plaintiff/R.E. to 27.04.2021.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 27-04-2021
    
    Date: 27-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 04-05-2021
    
    Date: 04-05-2021
    Business: Adjourned due to Covid-19.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 22-06-2021
    
    Date: 22-06-2021
    Business: Adjourned due to Covid-19.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 10-08-2021
    
    Date: 10-08-2021
    Business: Advocate Rahul Raut for plaintiff present and file V.P.                 (Exh-2) affidavit of examination in chief of Sh. Lokesh J. Rathod (Exh-3), compilation (Exh-4).
    Advocate Mrs. Dhuri for defendant/BMC Present.
    Copy served.
    Adjd for reply in hearing on compilation/R/E to 01/09/2021.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 01-09-2021
    
    Date: 01-09-2021
    Business: Plaintiff is present.
    Advocate for plaintiff present.
    Advocate Smt. Deepali Patil for defendant/BMC present.
    Adjd for Hearing of Compliation / R.E. to 17.09.2021.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 17-09-2021
    
    Date: 17-09-2021
    Business: Court is on Leave
    Adjd for R.E. to 29.09.2021
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 29-09-2021
    
    Date: 29-09-2021
    Business: Advocate for plaintiff present.
    Advocate Smt. Deepali Patil  for defendant/BMC present.
    Adjd for Hearing of compilation /R.E. to 25.10.2021
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 25-10-2021
    
    Date: 25-10-2021
    Business: Advocate for plaintiff present
    Advocate Smt. Deepali  Patil  for defendant/BMC present.
    Advocate for plaintiff filed application for production of document Marked as Exh. 5. Order – Production allowed.
    Advocate for plaintiff filed List of documents at Exh. 6.
    Order – Filed
    Heard argument on both sides on Exh. 6 and Exh.  4
    Order below Exh. 6
    Order – Documents at Sr. No. 1 & 2 Marked as Exh. 7 & 8 respectively.
    Order below Exh. 4.
    Order – Documents at Sr. No. 1 to 17  Marked as Exh. 09  to 19  respectively.
    Cross-examination of PW-1 commence and completed.
    Advocate for plaintiff filed evidence closed pursis at Marked as Exh. 20
    Adjd for  Final arguments.  To  17.11.2021.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 17-11-2021
    
    Date: 17-11-2021
    Business: Advocate Rahul Raut for plaintiff present.
    Advocate Smt. Deepali Patil for defendant/BMC present.
    Advocate for Defendant /BMC submitted that Defendant/BMC is not going to adduce any evidence on record.
    Heard Final Argument of both the Advocates.
    ORDER
    1. The Suit is decreed.
    2. By the empowerment of section 34 of The Specific Relief Act, 1963 it is declared that Mr. Lokesh Jagdish Rathod and Mr. Lokesh Jagdishbhai Rathod are one and the same person.
    3. Parties to bear their own costs.
    4. The parties are informed that they shall take back their original documents as per the procedure laid down in paragraph No. 524 to 528 of the Bombay High Court  Civil manual, failing which those shall be destroyed on expiry of time frame as to destruction of the documents as laid down in paragraph No. 544 of the Bombay High Court Civil Manual.
    5. The decree following the judgment shall have status and character of final decree.
    6. The L.C. Suit No. 2681/2019 is disposed off.
    Nature Of Disposal: DECREED
    Disposal Date: 17-11-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 110151/2019
    Filing Date: 19-09-2019
    First Hearing Date: 07th November 2019
    Decision Date: 17th November 2021
    Court Number And Judge: 6-COURT 06  ADDL. SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    17 Nov 2021

    Order Details: Copy of Judgment Pdf Text: MHCC010095672019 Presented On :19/09/2019 Registered On : 10/10/2019 Delivered On :17/11/2021 Duration :Y02/M01/D29 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY LONG CAUSE SUIT NO. 2681 OF 2019 Exhibit No:21 Mr. Lokesh Jagdish Rathod Aged: 30 years, Address: Kasarwadi Municipal Chawl No.7 Room No.4, Padmabai Thakkar Road, Bhawani Shankar, Dadar (W), Mumbai4000 28. .....Plaintiff Vs. 1. The Commissioner Municipal Corporation for Greater Mumbai, Mahanagar Palika Marg, Fort, Mumbai400 001. 2.Municipal Corporation for Greater…

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