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SUIT - SHORT CAUSE CIVIL SUIT

Mr. Rajesh MakwanaVsMBRRB +1 more

CNR MHCC0101101620199-COURT 09 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 27th January 2023

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
102819/2019
Registration Date
04 Nov 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    Hindu Marriage Act · Sec 34 · 37

    Case History / Proceedings

    Case History
    Date: 25-11-2019
    Business: Wrongly shown on board.
    Already matter adjd to 04.02.2020.
    FRSR Following order is passed on draft N/M.
    Order-NM
    Notice of Motion no. 4303/2019 is dismissed.
    Notice of Motion no.4303/2019 stands disposed off accordingly.
    Matter adj for issues to 04.02.2020.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 04-02-2020
    
    Date: 04-02-2020
    Business: Adv. Meera Wagh h/f Adv. Kudalkar for Plaintiff is present.
    Adv. Satamkar h/f Kandekar for defendant no.1 and 2  is present.
    Draft issued not tendered.
    Matter is adjd.  for draft issues to 08/06/2020.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 08-06-2020
    
    Date: 08-06-2020
    Business: Lockdown
    Reason For Adjournment: National Lock Down
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 08-09-2020
    
    Date: 08-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 29-09-2020
    
    Date: 29-09-2020
    Business: Due to lockdown because of Covid-19, board is discharged and as per SOP only urgent matters are taken up.
    Plaint.
    Vakalatnama of the plaintiff.
    Address memo of the plaintiff.
    Already filed vakalatnama of deft-1 and 2/MHADA. t.o.r.
    Written Statement of deft nos. 1 and 2/MHADA. t.o.r.
    Issues framed.
    Matter is adjd. To 25.01.2021 for list of witnesses.
    Next Purpose: RECORDING EVIDENCE P.H.
    Next Hearing Date: 25-01-2021
    
    Date: 25-01-2021
    Business: Adv. Mr. Jain h/f Adv. Mr. Kudalkar for the plaintiff.
    None for defendant.
    Matter is adjd. to 17/04/2021 for evidence.
    Next Purpose: RECORDING EVIDENCE P.H.
    Next Hearing Date: 17-04-2021
    
    Date: 17-04-2021
    Business: Due to covid-19
    Next Purpose: RECORDING EVIDENCE P.H.
    Next Hearing Date: 08-07-2021
    
    Date: 08-07-2021
    Business: Due to COVID-19 pandemic.
    Matter is adjourned.
    Next Purpose: RECORDING EVIDENCE P.H.
    Next Hearing Date: 20-08-2021
    
    Date: 20-08-2021
    Business: court is on leave
    Next Purpose: RECORDING EVIDENCE P.H.
    Next Hearing Date: 20-09-2021
    
    Date: 20-09-2021
    Business: None present.
    Matter is adjd. to 20/10/2021 for recording evidence.
    Next Purpose: RECORDING EVIDENCE P.H.
    Next Hearing Date: 20-10-2021
    
    Date: 20-10-2021
    Business: None for plaintiff.
    Adv. Pathak h/f Kandekar for the defendant No.1 and 2 present.
    Matter is adjd. to 18/01/2022 for evidence of plaintiff.
    Next Purpose: RECORDING EVIDENCE P.H.
    Next Hearing Date: 18-01-2022
    
    Date: 18-01-2022
    Business: Due to SOP only urgent matters are taken up.
    Matter is adjd. to 24.02.2022 for RE.
    Next Purpose: RECORDING EVIDENCE P.H.
    Next Hearing Date: 24-02-2022
    
    Date: 24-02-2022
    Business: Adv Pathak H/f Adv Kandekar present for MHADA
    As Court is busy in hearing argument in St. No. 1707/22 and SU No. 2101/21. Hence, board is discharged.
    Matter is adjd. to 04.04.2022 for R.E.
    Next Purpose: RECORDING EVIDENCE P.H.
    Next Hearing Date: 04-04-2022
    
    Date: 04-04-2022
    Business: Adv. Pathak h/f Adv. Kandekar for MHADa present.
    Adv. Pawar h/f Adv. Kudalkar for plaintiff present and seeks time to file affidavit. Time is granted.
    Matter is adjd. to 22-06-2022 for R/E.
    Next Purpose: RECORDING EVIDENCE P.H.
    Next Hearing Date: 22-06-2022
    
    Date: 22-06-2022
    Business: None present for plaintiff.
    Adv. Pathak h/f Adv. Kandekar for MHADA present.
    Perusing record it appears that matter is fixed for evidence since 25/01/2021. Since then none present for plaintiff for leading evidence. Sufficient opportunity has been given to plaintiff considering nature of the suit plaintiff is directed to lead evidence on the next date. Failing which suit will be dismissed.
    Matter is adjd. to 28-07-2022 for  R/E.
    Next Purpose: RECORDING EVIDENCE P.H.
    Next Hearing Date: 28-07-2022
    
    Date: 28-07-2022
    Business: court is on leave
    Next Purpose: RECORDING EVIDENCE P.H.
    Next Hearing Date: 26-08-2022
    
    Date: 26-08-2022
    Business: None present for plaintiff.
    Adv Pathak H/f Adv Kandekar present for MHADA/Deft.no. 1.
    Matter is fixed for dismissal order.
    Matter is adjd. to 08.09.2022 for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 08-09-2022
    
    Date: 08-09-2022
    Business: Court is on leave for half day (1st Session).
    Hence, Board is discharged.
    Matter is adjd. to 21.09.2022 for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 21-09-2022
    
    Date: 21-09-2022
    Business: Adv. Vaibhavi Pawar h/f Adv. Kudalkar for plaintiff present and submitted that she is going to withdraw the suit on next date. Hence, adjourned for withdrawal. If not withdraw then keep for dismissal.
    Adv Pathak H/f Adv Kandekar present for MHADA.
    Matter is adjd. to 19.10.2022 for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 19-10-2022
    
    Date: 19-10-2022
    Business: court is on leave
    Next Purpose: DISMISSAL
    Next Hearing Date: 29-11-2022
    
    Date: 29-11-2022
    Business: None present for the plaintiff.
    Adv. Pathak h/f Adv. Kandekar for MHADA/Deft present.
    Matter is adjd. to 16.12.2022 for Dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 16-12-2022
    
    Date: 16-12-2022
    Business: None present for plaintiff.
    Adv. Pathak h/f Adv. Kandekar for MHADA/Deft present.
    Matter is adjourned to 27.01.2023 for Dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 27-01-2023
    
    Date: 27-01-2023
    Business: None present for the plaintiff.
    Adv. Harshida Darji h/f Adv. Kandekar for Deft/MHADA present.
    Perusing record, it appears that, the plaintiff is absent since long hence, matter was kept for dismissal 28.07.2022 since then none present for plaintiff. The plaintiffs advocate appeared on 21.09.2022 and submitted that she is going to withdraw the suit on next date. But the plaintiff not withdraw the suit and lead the evidence. It appears that the plaintiff does not want to proceed with this suit. Hence, suit is hereby dismissed.
    Nature Of Disposal: DISMISSED
    Disposal Date: 27-01-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 111837/2019
    Filing Date: 01-11-2019
    First Hearing Date: 25th November 2019
    Decision Date: 27th January 2023
    Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE

    Orders

    3
    Final Order 2
    27 Jan 2023
    Order Details: Other
    Pdf Text: None present for the plaintiff. Adv. Harshida Darji h/f Adv. Kandekar for
    Deft/MHADA present. Perusing record, it appears that, the plaintiff is absent since
    long hence, matter was kept for dismissal 28.07.2022 since then none present for
    plaintiff. The plaintiffs advocate appeared on 21.09.2022 and submitted that she is
    going to withdraw the suit on next date. But the plaintiff not withdraw the suit and
    lead the evidence. It appears that the plaintiff does not want to proceed with this
    suit. Hence, suit is hereby dismissed.
    -- 1 of 1 --
    Interim Order 1Full order available
    25 Nov 2019

    Order Details: Notice of Motion Pdf Text: 1 Notice of Motion No. 4303/2019 in Suit No.2819/2019 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY Notice of Motion No.4303 of 2019 (CNR NO. MH CC010110162019) In SUIT No. 2819 OF 2019 Mr. Rajesh Makwana ....Plaintiff V/s. 1) Mumbai Building Repair & Reconstruction Board 2) Executive Engineers ....Defendants Appearance: Mr. S.S. Kudalkar, Advocate for the plaintiff. Mr. K.N. Kandekar, Advocate for the defendants. CORAM : HER HONOUR JUDGE JAYSHRI R. PULATE (C.R.NO.12)…

    Read Full Order
    Order 1Full order available
    25 Nov 2019

    Order Details: Notice of Motion Pdf Text: 1 Notice of Motion No. 4303/2019 in Suit No.2819/2019 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY Notice of Motion No.4303 of 2019 (CNR NO. MH CC010110162019) In SUIT No. 2819 OF 2019 Mr. Rajesh Makwana ....Plaintiff V/s. 1) Mumbai Building Repair & Reconstruction Board 2) Executive Engineers ....Defendants Appearance: Mr. S.S. Kudalkar, Advocate for the plaintiff. Mr. K.N. Kandekar, Advocate for the defendants. CORAM : HER HONOUR JUDGE JAYSHRI R. PULATE (C.R.NO.12)…

    Read Full Order

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