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SUIT - SHORT CAUSE CIVIL SUIT

Ms. Rajiya Haji Abdul SattarVsMCGM +1 more

CNR MHCC01011971201911-COURT 11 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 03rd July 2023

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
100315/2020
Registration Date
29 Jan 2020

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Petitioner

    1. 1Ms. Rajiya Haji Abdul Sattar

    Respondent

    1. 1MCGM
    2. 2Asst. Municipal Commissioner

    Acts & Sections

    2
    Hindu Marriage Act · Sec 34 and 37
    Terrorist and Disruptive and Activities (Prevention) Act · Sec 354-A

    Case History / Proceedings

    Case History
    Date: 29-01-2020
Business: Adv. Mr. Jay Yadav for plaintiff present.
None for deft./MCGM present, No reply filed on Exh.6.
Adv. Mr. Priyank Shukla for deft no.1(c), submits on Exh.6 that all documents produced by plff are denied.
PW-1 Mr. Mukund Gandhi is present.
Perused evidence affidavit of PW-1 and all documents vide Exh.6, following documents are marked.
Exh.7- Copy of index II.
Exh.8- Copy of approval Plan issued by deft. no.2
Exh.9- Deed of convenience dtd. 26.07.1985.
Exh.10- Copy of I.O.D.
Exh.11- Copy of Commencement certificate.
Exh.12- Copy of Notice dtd. 15.06.2010.
Matter is adjd. for R/E on 22.04.2020.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-04-2020

Date: 22-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-05-2020

Date: 13-05-2020
Business: National Lockdown
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-06-2020

Date: 02-06-2020
Business: National Lockdown
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-06-2020

Date: 19-06-2020
Business: Adjd. to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-07-2020

Date: 18-07-2020
Business: Due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-08-2020

Date: 19-08-2020
Business: Due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-09-2020

Date: 19-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-11-2020

Date: 07-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-01-2021

Date: 06-01-2021
Business: None present for plaintiff.
Adv. Mrs. Mhatre for deft./MCGM present and requested short time to file W/s.
Matter is adjd. for w/s to 26.02.21.
                                                                               Judge
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 26-02-2021

Date: 26-02-2021
Business: None present for plaintiff.
Adv. Ms. Mhatre for deft./MCGM present and requested short time to file w/s.
Matter is adjourned for w/s to 26.04.21.
                                                                               Judge
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 26-04-2021

Date: 26-04-2021
Business: court is on leave.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 16-07-2021

Date: 16-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 15-09-2021

Date: 15-09-2021
Business: Court is Vacant. Matter adj. To next date
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 12-11-2021

Date: 12-11-2021
Business: Court is Vacant. Matter is adj. to next date.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 07-01-2022

Date: 07-01-2022
Business: None present for plaintiff.
Adv. Mr. Khandagale for defendant/MCGM is present.
Adv. for defendants orally requested for time to file Wr/St. Granted as a last chance.
Adjourned for Wr. St. to 25/02/2022.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 25-02-2022

Date: 25-02-2022
Business: None is present for the plaintiff.
Adv. Mr. Khandagale for defendant/MCGM is present and orally requested for time to file WS reply. Granted.
Adjourned for Filing WS to 25.04.2022.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 25-04-2022

Date: 25-04-2022
Business: PO is on training. adj. to
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 05-08-2022

Date: 05-08-2022
Business: None present for plaintiff.
Adv. Mrs. J.V. Mhatre h/f Adv. Khandagale for defendant/MCGM is present and orally requested for time to file WS. Sufficient time is already granted. Hence, this request is discarded. The suit is posted  for no WS order against the defendant.
Adjourned for no WS order to 01.10.2022.
Next Purpose: FOR___________________
Next Hearing Date: 01-10-2022

Date: 01-10-2022
Business: None present for the plaintiff.
Adv. Khandagale for defendant/MCGM is present and orally requested for time to file WS. Sufficient time is already granted. Hence, this request is discarded. The suit is proceeded without WS of the defendant.
Adjourned for filing affidavit of document to 19.12.2022.
Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
Next Hearing Date: 19-12-2022

Date: 19-12-2022
Business: None present for the plaintiff.
Adv. Mrs. Mhatre h/f Mr. Khandagale for defendant /MCGM is present.
Adjourned for dismissal Orders to 13.02.2023.
Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
Next Hearing Date: 13-02-2023

Date: 13-02-2023
Business: None present for the plaintiff to proceed with the suit.
Adv. Mr. S.C. Khandagale for defendant/MCGM is present.
Adjourned for dismissal Order to 20.03.2023.
Next Purpose: DISMISSAL
Next Hearing Date: 20-03-2023

Date: 20-03-2023
Business: Adv. Mr. Shailesh Pal for the plaintiff is present. On his request the matter is kept back.
Adv. Mr. S.C. Khandagale for defendant/MCGM is present.
KB LO at 01:00 pm.
Advocate for the plaintiff  filed the application for adjournment. TOR. It is marked at Exh.03. O- In the application, it is wrongly mentioned that the suit is pending for evidence, whereas it is posted for dismissal Order. Still, considering, the reasons, it is adjourned for dismissal, subject to costs of Rs.3,000/- (Rs. Three Thousand) to deposited in favour of DLSA, Mumbai, till the next date. In default, the suit would stand dismissed.
Adjourned for costs/compliance/dismissal Order to 29.04.2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 29-04-2023

Date: 29-04-2023
Business: The plaintiff is absent to comply with the Order of costs.
Adv. Mr. Giri for defendant/MCGM is present.
Adjourned for dismissal Orders to 03.07.2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 03-07-2023

Date: 03-07-2023
Business: None present for the plaintiff. Hence, the matter is kept back.
Adv. Mr. G.O. Giri for defendants/MCGM is present.
LO at 12.23 p.m.
The appearance is same as above.
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, it is posted for dismissal order. He is absent even to comply with the Order of costs,  dtd. 20.03.2023, for no justified reasons. Even today, he was absent and hence, the suit was kept back for his appearance, but in vain. Nor, any stay order is communicated on the record. It is, thus, clear that he is not worried to proceed further with the suit. In the result, the suit is dismissed for want of prosecution U/O. IX, Rule 8 of the C.P.C.,1908. All the pending applications stand filed. The parties to bear their own costs of litigation. Bill of costs be drawn-up accordingly. The proceeding is closed.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 03-07-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 112889/2019
Filing Date: 23-11-2019
First Hearing Date: 29th January 2020
Decision Date: 03rd July 2023
Court Number And Judge: 11-COURT 11  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    03 Jul 2023
    Order Details: Order below exhibit
Pdf Text: 03.07.2023
Sr. No. 65
CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11)
SU 315/20 None present for the plaintiff. Hence, the matter is kept back.
Adv. Mr. G.O. Giri for defendants/MCGM is present.
LO at 12.23 p.m.
The appearance is same as above.
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, it is posted
for dismissal order. He is absent even to comply with the Order of
costs, dtd. 20.03.2023, for no justified reasons. Even today, he was
absent and hence, the suit was kept back for his appearance, but in
vain. Nor, any stay order is communicated on the record. It is, thus,
clear that he is not worried to proceed further with the suit. In the
result, the suit is dismissed for want of prosecution U/O. IX, Rule 8
of the C.P.C.,1908. All the pending applications stand filed. The
parties to bear their own costs of litigation. Bill of costs be drawn-
up accordingly. The proceeding is closed.
Judge
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