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SUIT - SHORT CAUSE CIVIL SUIT

Bhamribai Khyalilal JainVsMunicipal Corporation of Greater Mumbai +1 more

CNR MHCC0101129720194-COURT 04 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 19th July 2025

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
102597/2023
Registration Date
25 Oct 2023

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    CODE OF CIVIL PROCEDURE · Sec 39

    Case History / Proceedings

    Case History
    Date: 08-02-2024
    Business: None for plaintiff.
    Advocate Jyoti Patil-Mhatre for defendant/BMC present and requested time to file N/M reply. Granted.
    Adjd  to 25.04.2024 for N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 25-04-2024
    
    Date: 25-04-2024
    Business: As Court is busy in ad-interim hearing, NM Hearing and dictating order in ch/s. hence matter adjourned.
    Adjd  to 06.08.2024    for NM reply/WS
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 06-08-2024
    
    Date: 06-08-2024
    Business: Court is on leave
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 03-10-2024
    
    Date: 03-10-2024
    Business: None present for plaintiff
    Advocate Metakari    for defendant/BMC present and seeks time to file reply to NM. Time is granted.
    Plaintiff is directed to get register NM till next date
    Adjd  to  16.01.2025  for NM Reply
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-01-2025
    
    Date: 16-01-2025
    Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
    None present for the plaintiff to tender registered NM as per Order dtd. 08.11.2019 and writ of summons. Sufficient time is already granted. Hence, Draft NM stands dismissed in default. The plaintiff is called upon to tender registered NM (Disposed of) and writ of summons. In default, the suit would stand dismissed Adv. Mr. Swapnil Bharti for defendant/ MCGM is present.
    Adjourned for tendering registered NM (Disposed of)/writ of summons/dismissal to 27.03.2025.
    Next Purpose: DISMISSAL
    Next Hearing Date: 27-03-2025
    
    Date: 27-03-2025
    Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
    None present for the plaintiff to tender registered NM and to file writ of summons. Hence, the suit is posted for dismissal. Adv. Mr. Swapnil Bharti for defendant/MCGM is present.
    Adjourned for dismissal to 19.04.2025.
    Next Purpose: DISMISSAL
    Next Hearing Date: 19-04-2025
    
    Date: 19-04-2025
    Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
    None present for the plaintiff to file writ of summons. Hence, the suit is posted for dismissal. Adv. Mr. Swapnil Bharti for defendant/ MCGM is present.
    Adjourned for dismissal to 19.07.2025.
    Next Purpose: DISMISSAL
    Next Hearing Date: 19-07-2025
    
    Date: 19-07-2025
    Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
    None present for the plaintiff.
    Adv. Ms. Sangita Honmane for defendant/MCGM is present.
    keep back
    Later on at 1.32 p.m
    None present for the plaintiff.
    Rest appearance is as above.
    Order Below Exhibit No. 01:
           Today, the plaintiff is absent to proceed with the matter. Though the matter is filed in the year of 2023, till date the plaintiff couldn't ensure due service of the suit summons on the defendants, even after specific directions. In addition, it appears that plaintiff was directed to register NM and comply the same but no positive steps are being taken. It seems that she is absent since last considerable time for no justified reasons. Nor any Order, staying this proceeding, is brought to notice of this Court. It is, thus, clear that the plaintiff lost her interest in the suit. Hence, the suit stands dismissed Under Order IX, Rule 2 of the CPC, 1908. All the pending applications are filed. She is called upon to bear the costs of the litigation. Bill of costs be drawn-up accordingly.
    	The Original documents, if any, filed on record be returned to the respective parties, on their submitting its Certified Copies, if the documents are exhibited, or Self-attested True Copies, if the documents are not exhibited, along-with undertaking to furnish the originals as and when required by the Court. Draft NM be registered for statistical purpose. The concerned Department to do the needful. The proceeding is closed.
    Nature Of Disposal: DISMISSED
    Disposal Date: 19-07-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 111998/2019
    Filing Date: 06-11-2019
    First Hearing Date: 08th February 2024
    Decision Date: 19th July 2025
    Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    19 Jul 2025

    Order Details: Other Pdf Text: 33 Dt:19.07.2025 SU 2597/2023 CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04) None present for the plaintiff. Adv. Ms. Sangita Honmane for defendant/MCGM is present. keep back Later on at 1.32 p.m None present for the plaintiff. Rest appearance is as above. Order Below Exhibit No. 01: Today, the plaintiff is absent to proceed with the matter. Though the matter is filed in the year of 2023, till date the plaintiff couldn't ensure…

    Read Full Order

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