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SUIT - SHORT CAUSE CIVIL SUIT

Mr. Chandru Athimulan FakirVsThe MCGM +1 more

CNR MHCC0101023220195-COURT 05 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DECREED
Decision Date: 06th May 2023

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
102830/2019
Registration Date
04 Nov 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    Hindu Marriage Act · Sec Order 34

    Case History / Proceedings

    Case History
    Date: 09-01-2020
    Business: Advocate for plaintiff present.
    Advocate Dhuri representing Vyavahare for defendant/BMC present.
    Adjourned for Directions to 13/01/2020.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 13-01-2020
    
    Date: 13-01-2020
    Business: Advocate for plaintiff present.
    Ld. Adv. For plaintiff served in court.
    Advocate for Vyavahare for defendant/BMC present.
    Adjourned for Written statement to 24/02/2020.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 24-02-2020
    
    Date: 24-02-2020
    Business: Plaintiff present.
    Advocate for plaintiff present.
    Advocate Vyavahare for defendant/BMC present.
    Ld. Adv. for def/BMC requested time for filing written statement.- Granted subject to limitation .
    Adjourned for filing Written statement to 03/04/2020.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 03-04-2020
    
    Date: 03-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 17-04-2020
    
    Date: 17-04-2020
    Next Purpose: WRITTEN STATEMENT
    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: WRITTEN STATEMENT
    Next Hearing Date: 15-06-2020
    
    Date: 15-06-2020
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 15-07-2020
    
    Date: 15-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 02-09-2020
    
    Date: 02-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 12-10-2020
    
    Date: 12-10-2020
    Business: Due to Covid-19. Matter is adjourned.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 14-12-2020
    
    Date: 14-12-2020
    Business: As Court is on Leave. Matter is adjourned.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 04-01-2021
    
    Date: 04-01-2021
    Business: Advocate for plaintiff present.
    Advocate Mrs. Vyavahare for deft/BMC present and requested for time.
    O- Finally granted subject to limitation.
    Adjourned for filing written statement to 17/02/2021.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 17-02-2021
    
    Date: 17-02-2021
    Business: None for plaintiff.
    Advocate for defendant/BMC present.
    Adjourned for written statement to 05/04/2021.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 05-04-2021
    
    Date: 05-04-2021
    Business: None for plaintiff.
    Advocate for defendant/BMC present.
    Adjourned for written statement to 16/07/2021.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 16-07-2021
    
    Date: 16-07-2021
    Business: As presiding officer is on leave hence matter is adjd. to
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 19-07-2021
    
    Date: 19-07-2021
    Business: In view of Office Circular/Order 106/2021 Dt. 14-06-2021 , only urgent matters are taken, hence the remaining board is discharged, Hence matter is adjd. to
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 26-08-2021
    
    Date: 26-08-2021
    Business: Adv. absent for plaintiff.
    Adv. Vidya Vyavahare present for MCGM/defendant
    Plaint at Exh.1.
    VP at Exh.2.
    Memorandum of address at Exh.3.
    List of documents at Exh.4
    Adv. for defendant filed written statement of the defendant @ list of documents and documents marked as Exh. 05 and Exh. 06
    Matter adjourned for framing issues to. 23/09/21.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 23-09-2021
    
    Date: 23-09-2021
    Business: Adv. absent for plaintiff.
    Adv. Vidya Vyavahare present  for MCGM/defendant.
    Issues are framed at Exh. 07
    Matter adjourned for RE to. 23/11/21.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 23-11-2021
    
    Date: 23-11-2021
    Business: None Present For Plaintiff.
    Adv. Vyavhare @ Adv. Sutar for MCGM/defendant.
    As plaintiff and his Adv. are absent.
    Matter adjourned for R/E on 18-01-2022.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 18-01-2022
    
    Date: 18-01-2022
    Business: In view of the office order no. 07/2022 dated. 07/01/22 of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06/01/22 of Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge of COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s. Hence, matter is adjourned to
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 22-03-2022
    
    Date: 22-03-2022
    Business: As presiding officer is on leave.Hence, matter is adjourned to
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 16-06-2022
    
    Date: 16-06-2022
    Business: As presiding officer is leave. Hence, matter is adjourned to
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 14-07-2022
    
    Date: 14-07-2022
    Business: Adv. Anand Dubey for Plaintiff present and tendered examination of chief Mr.  Chandru Fakir TOR. Exh. 8. He also tendered list of documents. TOR. Exh. 9 Copies are served upon other side.
    Adv. Mr. Bibhishan Sutar for MCGM/ defendant  present.
    Matter is adjd for RE on 05-08-2022
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 05-08-2022
    
    Date: 05-08-2022
    Business: Adv.Anand Dubey for Plaintiff present.
    Adv Smt. Kumud Soraan for defendant/MCGM present.
    W/S is already filed on record it is marked at Exh.10. Deft to supply copy of W/S. to the Plaintiff on or before next date.
    Matter is adjd for RE on 25-08-2022
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 25-08-2022
    
    Date: 25-08-2022
    Business: Plaintiff present.
    Adv. Anand Dubey for Plaintiff present.
    Adv. Mr. Bibhishan Sutar for MCGM/ defendant  present.
    Say filed by adv for deft.
    Matter is adjd for service on 15-09-2022
    Next Purpose: SERVICE
    Next Hearing Date: 15-09-2022
    
    Date: 15-09-2022
    Business: Adv Anand Dubey for Plaintiff present.
    Adv. Smt. Vidya Vyavahare for MCGM/ defendant  present.
    Matter is adjd for service on 13-10-2022
    Next Purpose: SERVICE
    Next Hearing Date: 13-10-2022
    
    Date: 13-10-2022
    Business: Adv Anand Dubey for Plaintiff present.
    Adv. Smt. Vidya Vyavahare for MCGM/ defendant  present.
    Heard both sides on admissibility of document.
    Order below Exh.9.
    All documents are verified with originals and it is true.  The documents have reference in the evidence of Plaintiff. Hence they are exhibited.
    Document at serial no. 1 is true copy of ration card and marked at Exh. 11.
    Document at serial no. 2 is true copy of Maharashtra Gazette Notification no. RNINo. MAHBH/2009/37874 dated 21/06/2018 to 27/06/2018 and marked at Exh. 12.
    Document at serial no. 3 is true copy of Birth Certificate and marked at Exh. 13.
    Document at serial no. 4 is true copy Adhar Card and marked at Exh. 14.
    Document at serial no. 5 is true copy Pan Card and marked at Exh. 15.
    Document at serial no. 6 is true copy of Transfer Certificate and marked at Exh. 16.
    Matter is adjd for RE on 19-11-2022
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 19-11-2022
    
    Date: 19-11-2022
    Business: As P.O. is on leave. Hence matter is adjd.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 17-01-2023
    
    Date: 17-01-2023
    Business: P.O. is on leave. Hence matter is adjourned.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 18-02-2023
    
    Date: 18-02-2023
    Business: Adv. Dubey present for plaintiff and he filed closing pursis tor marked exh. 17.
    Adv. Vyavahare present for MCGM/Defendant.
    Cross-Examination by Adv. Vyavahare for MCGM/ defendant.
    Cross examination is completed.
    Matter adjourned for R/E on 11-04-2023.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 11-04-2023
    
    Date: 11-04-2023
    Business: None for Plaintiff.
    Adv. Smt. Vidya Vyavahare for MCGM/ defendant  present.
    On oral request made by advocate for deft/MCGM, short adjournment is granted as a last chance.
    L.O.
    Adv Dubey for Plaintiff present.
    Matter is adjd for R/E on 18-04-2023
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 18-04-2023
    
    Date: 18-04-2023
    Business: Adv.Anand Dubey b present for plaintiff.
    Adv. Vyavahare MCGM/defendant and tendered affidacvit of evidence of Mr. Gulab Singh J. Gavit. T.O.R. marked as Exh 18
    List of documents T.O.R. marked as Exh 19
    Copy served upon other side.
    Plaintiff adv filed say on Exh 19 T.O.R. marked as Exh 20.
    Matter adjourned for Hearing on admissibility of document to 20.04.2023.
    Next Purpose: HEARING
    Next Hearing Date: 20-04-2023
    
    Date: 20-04-2023
    Business: Adv. for plaintiff is present.
    Adv. Rawade @ Adv. Vyavahare for MCGM/Defendant present.
    As court is busy in final argument i.e. in Suit no. 2709/09. Hence, matter is adjourned.
    Matter adjourned for hearing on 25-04-2023.
    Next Purpose: HEARING
    Next Hearing Date: 25-04-2023
    
    Date: 25-04-2023
    Business: None for plaintiff.
    Adv. Vyavhare @ Adv. Rawade present for MCGM/defendant.
    Plaintiff Adv. tendered closing pursis of evidence tor marked at Exh. 27.
    Cross-Examination by Adv. Anand Pandey  for plaintiff
    Cross-Examination is completed.
    Heard Ld. Adv. for plaintiff and Ld. adv. for defendant.
    Matter adjourned for Judgement on 06-05-2023.
    Next Purpose: JUDGMENT
    Next Hearing Date: 06-05-2023
    
    Date: 06-05-2023
    Business: Adv Anand Dubey for Plaintiff present.
    Adv Seena Rawade a/w Adv Vidya Vyavhare for defendant /MCGM  present.
    Judgment Exh :- ...
    F.R.S.R. the following order is passed on L.C. Suit No. 2830 of 2019
    ORDER
    1. Suit is decreed with costs.
    2. It is hereby declared that Chandrakant Athimulan Fakir and Chandru Athimulan Fakir is one and the same person.
    3. Decree be drawn up accordingly.
    Authenticated copy of today\''s roznama be given to the parties if requested.
    Nature Of Disposal: DECREED
    Disposal Date: 06-05-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 111078/2019
    Filing Date: 10-10-2019
    First Hearing Date: 09th January 2020
    Decision Date: 06th May 2023
    Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    06 May 2023

    Order Details: Copy of Judgment Pdf Text: 1 Judg in L.C.Suit No.2830 of 2019 MHCC010102322019 Presented on : 10-10-2019 Registered on : 04-11-2019 Decided on : 06-05-2023 Duration : 3 Ys, 6 Ms, 27 Ds IN THE BOMBAY CITY CIVIL C0URT AT BOMBAY L.C.SUIT NO.2830 OF 2019 Mr. Chandru Athimulan Fakir Age:28 Years, Occ:Nil, R/at.Kaula Bunder Zhopadpatti, New Tank Bander Road, Mumbai:400 010. .. Plaintiff V/s. 1 The M.C.G.M., G/South Ward, Mumbai:400 013. 2) Administrative Officer, “E” Ward(BMC), Shaikh Hafizuddin…

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