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SUIT - SHORT CAUSE CIVIL SUIT

Rizwan Ahmed Mohd. S. KhanVsMCGM

CNR MHCC01011589201911-COURT 11 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 18th March 2023

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
102936/2019
Registration Date
14 Nov 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Respondent

    1. 1MCGM

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 39(1)

    Case History / Proceedings

    Case History
    Date: 18-11-2019
    Business: By Precipee.
    Adv. O.P.SIngh for plaintiff present and tendered draft NM along-with affidavit.- Leave is granted to register the NM. Copies served to other side.
    Matter is adjd for Ad-interim hearing on 19.11.2019
    Next Purpose: HEARING
    Next Hearing Date: 19-11-2019
    
    Date: 19-11-2019
    Business: (Incharge of C.R. No. 11)
    Adv.  O. P. Singh for plaintiff present.
    Adv. Mr Giri for Deft/MCGM present.
    Heard both sides on ad-interim relief.
    Order on ad-interim relief.
                Perused NM, plaint, documents annexed to the plaint and heard both sides. After hearing both sides it transpires that the plaintiff filed reply to the notice u/s 354A of MMC Act but not received copy of order passed by deft./MCGM. The plaintiff has annexed documents in support of the plaint. The deft./MCGM has apparently not considered those documents till date. Therefore, the plaintiff is directed to submit the documents to deft./MCGM within three days from today and the designated officer of deft./MCGM shall pass speaking order after considering the reply and the documents within ten days from today. Till then no coercive action shall be taken against the suit premises. The plaintiff shall file photographs of the suit premises from all four angles taken today before the concerned officer of deft. /MCGM along with the documents. The plaintiff shall not make any addition/alteration in the suit premises without following the procedure during continuation of this relief. All contentions in respect of legality or otherwise of the suit premises are kept open before designated officer. If the order will be adverse to plaintiff\''s interest, the same shall not be enforced for three days after service of the order to the plaintiff.  In view of the above order draft N/M is disposed off. It be registered for statistical purpose.
    Authenticated copy be given to the both parties.
    Adjd to 16-12-2019  for WS .
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 16-12-2019
    
    Date: 16-12-2019
    Business: Adv. O. P. Singh for plaintiff present and tendered registered disposal N/M No.4657/19. TOR.
    Adv. Tondwalkar for deft./MCGM present.
    Matter is adjd. for WS to 23.03.2020.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 10-01-2020
    
    Date: 10-01-2020
    Business: By Precipe
    Adv. O.P. Singh for Plaintiff, tendered draft NM and draft Ch/s along-with affidavit- Leave is granted for registration.
    Adv. Mrs. Tondawalkar for deft./MCGM present.
    Exh.2- W.S. filed by Deft/MCGM.
    Exh.3- List of document filed by defendant.
    Mr. Rameshwar Wakle, Sub Engr. Building and Factory dept. \''L\'' ward present.
    Heard arguments of both side on Ad-interim Injunction.
    F.R.S.R. following order is passed on ad-interim injunction.
                                       ORDER
    1. There is no case of ad-interim injunction.
    2. Plff to register the motion for expedite hearing.
    Matter is adjd.for NM and CH/s reply on 23.03.2020.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 23-03-2020
    
    Date: 23-03-2020
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 01-04-2020
    
    Date: 01-04-2020
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-04-2020
    
    Date: 16-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 05-05-2020
    
    Date: 05-05-2020
    Business: National Lockdown
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 27-05-2020
    
    Date: 27-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 12-06-2020
    
    Date: 12-06-2020
    Business: Adjd. to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 07-08-2020
    
    Date: 07-08-2020
    Business: Due to covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 30-09-2020
    
    Date: 30-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 02-12-2020
    
    Date: 02-12-2020
    Business: None for plaintiff.
    Adv. Mhatre  for deft./MCGM , prayed for time to file reply.
    Matter is adjd.to 17-03-2021  for NM Reply.
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-03-2021
    
    Date: 17-03-2021
    Business: None for plaintiff.
    Adv. Mhatre for deft./MCGM present and requested short time to file reply.
    Matter is adjourned for NM reply to 11.06.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 11-06-2021
    
    Date: 11-06-2021
    Business: Due to Covid 19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 18-08-2021
    
    Date: 18-08-2021
    Business: Court is Vacant. Matter adj. to next date
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 11-10-2021
    
    Date: 11-10-2021
    Business: Court is vacant.Matter is adj. to next date.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 01-12-2021
    
    Date: 01-12-2021
    Business: None present for Plaintiff.
    	Adv. Mr. Khandagale for Defendant/BMC present.
    	Matter adj. to 28/01/2022 for NM Reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 28-01-2022
    
    Date: 28-01-2022
    Business: adjd to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 09-03-2022
    
    Date: 09-03-2022
    Business: None present for plaintiff.
    Adv. Ms. J.V. Mhatre h/f Adv. Khandagale for defendant/MCGM is present and orally requested for time to file NM reply. Granted.
    Adjourned for NM reply and WS to 08.06.2022.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 08-06-2022
    
    Date: 08-06-2022
    Business: None present for plaintiff.
    Adv. Mr. Khandagale for defendant/MCGM is present.
    The record shows that earlier the defendant filed reply-cum-WS at exhibit 02. Hence, the matter posted for NM hearing.
    Adjourned for NM hearing to 26.08.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-08-2022
    
    Date: 26-08-2022
    Business: None present for the plaintiff.
    Adv. Mr. Khandagale for defendant/MCGM is present.
    Adjourned for NM dismissal to 31.10.2022.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 31-10-2022
    
    Date: 31-10-2022
    Business: None present for the plaintiff to proceed with the matter.
    Adv. J.V. Mhatre h/f Adv. Khandagale for defendant/MCGM is present.
    Adjourned for NM dismissal to 17.12.2022.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 17-12-2022
    
    Date: 17-12-2022
    Business: None present for the plaintiff to proceed with the matter.
    Adv. Mrs. J.V. Mhatre h/f Adv. Khandagale for defendant/MCGM is present.
    Adjourned for NM dismissal to 04.02.2023.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 04-02-2023
    
    Date: 04-02-2023
    Business: Even today, none present for the plaintiff to proceed with the suit. Hence, draft NM stands dismissed in default. The plaintiff is directed to file the registered NM on the next date. In default, the suit would stand dismissed.
    Adv. Mr. S.C. Khandagale for defendant/MCGM is present.
    Adjourned for tendering draft NM/dismissal Order to 18.03.2023.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 18-03-2023
    
    Date: 18-03-2023
    Business: Even today, none present for the plaintiff to proceed with the suit.
    Adv. Mrs. S.S. Chavan for defendant/MCGM is present.
    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, the draft NM came to be dismissed on 04.02.2023, directing the plaintiff to tender the registered NM on record, but in vain. The record further shows the draft Ch/s preferred by the plaintiff for registration. Nor, any stay order is communicated on this record. It is, thus, clear that he is not interested to proceed further with the suit. In the result, the suit stands dismissed for want of his prosecution. The pending applications along-with draft Ch/s are filed. The parties to this suit to bear their own costs. Bill of costs be drawn-up accordingly.
    The proceeding stands closed.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 18-03-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 112343/2019
    Filing Date: 14-11-2019
    First Hearing Date: 18th November 2019
    Decision Date: 18th March 2023
    Court Number And Judge: 11-COURT 11  ADDL SESSIONS JUDGE

    Orders

    3
    Final Order 2
    18 Mar 2023
    Order Details: Other
    Pdf Text: 18.03.2023
    Sr. No. 71
    CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11)
    SU 2936/19 Even today, none present for the plaintiff to proceed with the suit.
    Adv. Mrs. S.S. Chavan for defendant/MCGM is present.
    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, the draft
    NM came to be dismissed on 04.02.2023, directing the plaintiff to
    tender the registered NM on record, but in vain. The record further
    shows the draft Ch/s preferred by the plaintiff for registration. Nor,
    any stay order is communicated on this record. It is, thus, clear that
    he is not interested to proceed further with the suit. In the result,
    the suit stands dismissed for want of his prosecution. The pending
    applications alongwith draft Ch/s are filed. The parties to this suit
    to bear their own costs. Bill of costs be drawnup accordingly.
    The proceeding stands closed.
    Judge
    -- 1 of 1 --
    Interim Order 1Full order available
    10 Jan 2020

    Order Details: Notice of Motion Pdf Text: Draft N/m in Suit No. 2936/19. 1 Order. IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. DRAFT NOTICE OF MOTION IN LONG CAUSE SUIT NO. 2936 OF 2019 (CNR NO. MHCC010115892019) Rizwan Ahmed Mohd. S. Khan ...Plaintiff Versus Municipal Corporation of Gr. Mumbai ...Defendant CORAM : SHRI G.G.BHANSALI. (C.R.NO.11). DATE : 10th JANUARY, 2020. Mr. O.P.Singh, Advocate for Plaintiff. Ms. Tondwalkar, Advocate for Defendant / MCGM. ORDER This is an order below draft…

    Read Full Order
    Order 1Full order available
    10 Jan 2020

    Order Details: Notice of Motion Pdf Text: Draft N/m in Suit No. 2936/19. 1 Order. IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. DRAFT NOTICE OF MOTION IN LONG CAUSE SUIT NO. 2936 OF 2019 (CNR NO. MHCC010115892019) Rizwan Ahmed Mohd. S. Khan ...Plaintiff Versus Municipal Corporation of Gr. Mumbai ...Defendant CORAM : SHRI G.G.BHANSALI. (C.R.NO.11). DATE : 10th JANUARY, 2020. Mr. O.P.Singh, Advocate for Plaintiff. Ms. Tondwalkar, Advocate for Defendant / MCGM. ORDER This is an order below draft…

    Read Full Order

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