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SUIT - SHORT CAUSE CIVIL SUIT

Mr. Yakub Usman Kapadia +1 moreVsMCGM +1 more

CNR MHCC0101285820194-COURT 04 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 22nd April 2025

TrustJury record updated 24 Sept 2026

Case Overview

Registration Number
103293/2019
Registration Date
09 Dec 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    4

    Acts & Sections

    1
    Hindu Marriage Act · Sec 34 · 36

    Case History / Proceedings

    Case History
    Date: 18-12-2019
    Business: (By precipe)(N.O.B. T.O.B.)
    Adv. A. A. Pande for plaintiff present.
    Adv. Mrs. D.D. Patil h/f Adv. Khandagale for Deft/MCGM present and tendered draft NM along with affidavit. Leave is granted to register the NM. Copies served to other side.
    Adjd to 14-01-2020 for N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 14-01-2020
    
    Date: 14-01-2020
    Business: Adv.Rajneesh Dubey for plaintiff present  and tendered original NM No. 4875/19 along with affidavit in support and affidavit of service.
    Adv. Ms. Patil for MCGM/Defendant No.1 present.
    None for Defendant No.2.
    Adjd to 19.03.2020  for NM reply .
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 19-03-2020
    
    Date: 19-03-2020
    Business: Court is on leave.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 25-06-2020
    
    Date: 25-06-2020
    Business: Adjd. to.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 27-10-2020
    
    Date: 27-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 21-01-2021
    
    Date: 21-01-2021
    Business: Court is on leave.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 25-03-2021
    
    Date: 25-03-2021
    Business: None for plaintiff.
    Adv. Ms. Smita Chavan for deft no.1/MCGM present.
    None for deft no.2.
    Matter adjd to 22/06/2021 for NM Reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 22-06-2021
    
    Date: 22-06-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 27-07-2021
    
    Date: 27-07-2021
    Business: Due to covid-19.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 23-09-2021
    
    Date: 23-09-2021
    Business: Adv Shukla h/f Adv A.R. Pande for plaintiff present.
    Adv Mrs Rawade for defendant no.1/ MCGM present and requests for time to file reply to NM. Time is granted till next date as a last chance.
    None for defendant no.2.
    Adjd. To 11/11/2021 for  NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 11-11-2021
    
    Date: 11-11-2021
    Business: Adv Shobet Shukla h/f Adv A.R. Pande for plaintiff present.
    Adv Smita Chavan h/f Adv Rawade for defendant no.1 / MCGM present and requests for time to file reply to NM.
    Time is granted till next date.
    None for defendant no.2.
    Adjd. To 02/12/2021 for NM reply by defendant no.1 / MCGM.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 02-12-2021
    
    Date: 02-12-2021
    Business: Adv. Rajnish Dubey h.f. Adv. A.R. Pande for Plff present.
    Adv Mrs Rawade for defendant / MCGM present and seeks time to file reply to NM. Time is granted till next date.
    Matter is adjd to 24/03/2022 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 24-03-2022
    
    Date: 24-03-2022
    Business: Adv Shobet Shukla h/f Adv A.R. Pandye for plaintiff present.
    Adv Mrs Rawade for defendant no.1/ MCGM is present and requests for time to file reply to NM. Time is granted till next date as a last chance.
    None for defendant no.2.
    Adjd. To 26/04/2022 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 26-04-2022
    
    Date: 26-04-2022
    Business: None for plaintiff
    Adv. Rawade For deft No.1/MCGM present
    None for deft no. 2.
    Adjd. To 04/08/2022 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 04-08-2022
    
    Date: 04-08-2022
    Business: None for plaintiff.
    Adv. Mrs. Rawade for defendant No. 1/ BMC is present and requested time to file reply to N/M. Time is granted till next date.
    None for deft. No. 2.
    Adjd. to 11/10/2022 for N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 11-10-2022
    
    Date: 11-10-2022
    Business: Adv. Geetangali h/f Adv. Ashok Pandey for plaintiff present.
    Adv. Mrs. Tondwalkar h/f Adv. Mrs. Rawade for defendant No.1/ BMC is present and requested time as matter is pertains to N-ward. Hence, time is granted till next date.
    None for deft. No. 2.
    Adjd. to 15/12/2022 for N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 15-12-2022
    
    Date: 15-12-2022
    Business: Court is busy in urgent hearing, board is discharged.
    Adjd. to 16/03/2023 for N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-03-2023
    
    Date: 16-03-2023
    Business: Adv. Deepanjali h.f. Adv. A.R. Pande for plaintiff present.
    Adv. Mhatre for defendant no.1/ BMC is present and requested for time to file reply to NM. Granted.
    Adv. Heena Shah for defendant no.2 present.
    Plaintiff is directed to supply the copies of amended Plaint and documents to the defendant no.2.
    K.B.
    L.O.
    Same appearance.
    Exh. 1 - Plaint.
    Exh. 2 - Vakalatnama of plaintiffs advocate.
    Exh. 3 - Memorandum of register address of Plaintiff.
    Exh. 4 - List of documents.
    Adv. Heena Shah for defendant no.2 present tender written application to file V/P., on behalf of defendant no.2, t.o.r. and marked as Exh.5.
    Adjd. to 25/04/2023 for NM reply and W.S.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 25-04-2023
    
    Date: 25-04-2023
    Business: Adv. Geetanjali h.f. Adv. Pandey for plaintiff present and served copies of plaint and NM to advocate for defendant no. 2.
    Adv. Ms. Mhatre for defendant no. 1/ BMC is present and requested for time to file NM reply and W.S.. Time is granted till next date.
    Adv. Ms. Palak Ramka for defendant no. 2 is present undertakes to file vakalatnama on next date and requested for time to file NM reply and W.S.. Time is granted till next date.
    Adjd. to 29.08.2023 for NM reply and W.S..
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 29-08-2023
    
    Date: 29-08-2023
    Business: Advocate Deepanjali Mishra for A.R. Pandey for plaintiff present.
    Adv. Palak Ranka for deft NO. 3 present and tendered Vakalatnama TOR marked as Exh. 6 and also tendered draft Notice of Motion @ Affidavit in support alongwith copy of Written statement
    O- Leave granted to register NM.
    Copy served upon  plaintiff and def No. 1
    Advocate Mhatre for defendant No 1 BMC present and seeks time to file reply to NM and WS. Defendant/BMC appeared dec 2019 but did not file WS. hence suit to proceed without WS against def No. 1/BMC.
    Adjd to 17.10.2023 for NM Reply by plaintiff and deft/BMC
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-10-2023
    
    Date: 17-10-2023
    Business: Advocate Shobit Shukla for plaintiff present and seeks time to file reply to NM. Hence matter adjourned.
    Adv.  Henna Shah deft No. 2 present and tendered registered NM No. 3226/2023 and tendered reply to NM No. 4875/19
    Advocate Suryavanshi h/f Mhatre for defendant/BMC present.
    Adjd  to  07.11.2023 for NM Hearing / Reply of NM No. 3226/2023
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-11-2023
    
    Date: 07-11-2023
    Business: Advocate Deepanjali Mishra h/f A.R. Pande for plaintiff present and seeks time to file reply to NM 3226/2023.
    None present for deft No. 2
    Advocate Mhatre for defendant/BMC present.
    Adjd  to  11.01.2024  for  NM Reply
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 11-01-2024
    
    Date: 11-01-2024
    Business: Advocate Shobit Shukla for plaintiff present.
    Adv Palak Ranka h/f Henna Shah for deft No. 2 tendered draft Notice of Motion u/s 151 of Civil Procedure Code for dismissal of suit @ affidavit in support
    O-Leave granted to register NM. Copy is supplied to other side.
    Advocate Mhatre for defendant No. 1/BMC present.
    Plaintiff is requested time to file reply to NM.
    Adjd  to  06.02.2024   for NM Reply
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 06-02-2024
    
    Date: 06-02-2024
    Business: Advocate Deepanjali Mishra h/f Adv.Pandey for plaintiff present.
    Adv. Palak Ranka for D-2 present and tendered N/M No.517/2024.
    Advocate Mhatre for defendant-1/BMC present.
    Adv. for plaintiff requested to time to file reply to N/M No.517/2024.
    Adjd  to 04.03.2024 for N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 04-03-2024
    
    Date: 04-03-2024
    Business: Adv Deepanjali Mishra h/f A R. Pande for plaintiff requested time to file reply to NM. Granted.
    Advocate  Suryavanshi h/f Mhatre  for defendant No. 1/BMC present.
    Adv Pooja Jadhav h/f Heena Shah for deft No 2 present.
    Adjd  to  28.03.2024  for Reply by plaintiff on NM            No. 3226/2023.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 28-03-2024
    
    Date: 28-03-2024
    Business: As Court is busy in Judgment in Suit No. 1602/2014, Board is  discharged. Hence matter adjourned.
    Adjd  to  25.04.2024 for Reply by plaintiff on NM No. 3226/2023.
    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  25.06.2024   for Reply by plaintiff on NM No. 3226/2023.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 25-06-2024
    
    Date: 25-06-2024
    Business: Advocate  Shobit Shukla for plaintiff present and seeks time to file reply to NM No. 517/2024 and 3226/2023 and stating that plaintiff is hospitalized and both NMs are pending since many dates for reply. Hence time is granted as a last chance.
    Time is granted as a
    Advocate Metakari  for defendant No 1/BMC present and seeks time to file reply to NM No. 4875/2019, Time is granted as a last chance.
    Adv. Palak for deft No. 2 present.
    Adjd  to 13.08.2024   for  NM reply by plaintiff on NM No. 517/2024 and 3226/2023 and NM Reply by BMC on 4875/19 and service of writ of summons
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 13-08-2024
    
    Date: 13-08-2024
    Business: None present for plaintiff
    Advocate  Botlawar  for defendant No.1/BMC present.
    Adv. Palak Ranka h/f Heena Shah for deft No. 2 present.
    Today matter is listed for reply to NM No. 517/2024 and NM No. 3226/2023  by the plaintiff but none present for plaintiff. On previous dated last chance was granted to the plaintiff but plaintiff has not filed reply. Hence both the NMs be kept for hearing without reply of plaintiff.
    NM No. 4875/2019 is pending reply by BMC. On previous date last chance was granted but corporation has not filed reply. Hence NM No. 4875/19 is also kept for hearing without reply of BMC.
    Adjd  to 10.09.2024   for  NM  Hearing
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-09-2024
    
    Date: 10-09-2024
    Business: Advocate  Ashok Singh h/f Adv. A. R. Pande for plaintiff present and submitted that his senior is busy in Ganpati Puja and requested for short date. Hence matter adjourned.
    Advocate Metakari for defendant no.1/BMC present.
    Adv. Heena Shah for defendant no. 2 present.
    Adjd  to 22-10-2024 for hearing on NM No. 517/24 and NM No. 4875/19.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-10-2024
    
    Date: 22-10-2024
    Business: Court is on leave
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-11-2024
    
    Date: 19-11-2024
    Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
    Advocate Pathak h/f Pande for plaintiff present and requested
    Advocate Swapnil Bharti   for defendant/BMC present.
    Today matter is listed for hearing on NM No. 517/2024 for dismissal of suit but none present for deft No. 2. hence matter adjourned
    Adjd  to   21.01.2025   for NM Hearing
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-01-2025
    
    Date: 21-01-2025
    Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
    None present for the plaintiff. Adv. Mr Swapnil Bharti for defendant No.1/MCGM is present. Adv. Ms. Heena Shah for defendant No. 2 is present. The matter is kept back.
    Later on at 4.01 pm.
    None present for the plaintiff. Rest appearance is as above.  Advocate for defendant No. 2 submitted that the structure is already demolished and therefore, the suit may be disposed of. The plaintiff is called upon to file the affidavit as regards status of the structure. In default, the suitable orders would follow.
    Adjourned for Steps/NM hearing/NM dismissal/dismissal to 13.03.2025.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-03-2025
    
    Date: 13-03-2025
    Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
    Adv. Mr. Shobit Shukla for the plaintiff is present. He submitted that the structure is demolished and sought time to take instructions in this matter. In view of demolition of the structure, nothing is survived in the mattter. Hence, time is granted strictly as a last chance. In default, the suit would stand disposed of as it has become infructuous. Adv. Mr. Swapnil Bharti for defendant No. 1/MCGM is present. Adv. Ms.Heena Shah for the def No. 2 is present and filed list of document in NM. Taken on record.
    O- Filed. Copy is supplied to other side.
    Adjourned for steps/dismissal to 03.04.2025.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 03-04-2025
    
    Date: 03-04-2025
    Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
    Adv. Mr. Ayan Khan h/f Adv. Mr. Shobit Shukla for the plaintiff is present and filed application for adjournment. Taken on record. It is marked as Exhibit 7. O- Other side to say. He informed that the matter would be taken in second session. Adv. Mr. Swapnil Bharti for defendant No. 1/MCGM is present. None present for defendant No. 2.
    Later on at 2.50 pm
    The appearance is as above. Adv. Ms. Heena Shah a/w Adv. Mr. Karan Mehta for defendant No. 2 is present. She endorsed say on the application Exhibit 7. On say of the Advocate for the plaintiff, the matter is kept back till 4.00 pm.
    Later on at 4.00 pm.
    None present for the plaintiff. Rest appearance is as above. The Advocate for defendant No. 2 strongly objected the application Exhibit 7 and submitted that as the structure is demolished, the suit has become infructuous. She also filed the citations to that effect. O- Considering the medical issues of the plaintiff, the matter is lastly adjourned for withdrawal. In default, the suitable orders would follow.
    Adjourned for withdrawal/suitable Order to 22.04.2025.
    Next Purpose: WITHDRAWAL
    Next Hearing Date: 22-04-2025
    
    Date: 22-04-2025
    Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
    Adv. Mr. Pathak h/f Adv. Mr. Shobhit Shukla for the plaintiff is present On his say, the matter is kept back. Adv. Mr. Swapnil Bharti for defendant No. 1/MCGM is present. None present for defendant No. 2.
    Later on at 12.00 pm
    Mr. Mohd Shadab Shaikh - POA of the plaintiffs is present. He informed that the plaintiffs are not willing to proceed with the suit and want to withdraw the same. Adv. Mr. Shobhit Shukla for the plaintiff is present. Rest appearance is as above. He filed application for withdrawal of the suit, along-with photo-copy of Power of Attorney. Taken on record. It is marked as Exhibit 8.
    O-Contents are verified from the POA of the plaintiffs. Other side to say. Say filed by defendant No. 1. None present for defendant No. 2. Hence, the matter is kept back.
    Later on at 2.45 pm
    The appearance is as above. Adv. Ms. Heena Shah for defendant No. 2 is present and endorsed say on Exhibit 8. Heard both the sides. O- Considering the reasons, as the plaintiffs are not willing to proceed with the matter, they are permitted to withdraw the suit. The suitable order follows below Exhibit 1.
    Order Below Exhibit 1:
         In view of the Order on the application (Exhibit 8), the suit stands disposed of as withdrawn unconditionally by the plaintiffs. All the pending applications, including NM Nos. 4875/2019, 3226/2023 and 517/2024, are, therefore, filed. The plaintiffs to bear costs of this suit. Bill of costs be drawn-up accordingly.
    	The Original documents 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. The concerned Department to do the needful. The proceeding is closed.
    Nature Of Disposal: WITHDRAWL
    Disposal Date: 22-04-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 113668/2019
    Filing Date: 09-12-2019
    First Hearing Date: 18th December 2019
    Decision Date: 22nd April 2025
    Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    22 Apr 2025

    Order Details: Other Pdf Text: Dt:22.04.2025 Sr. No. 3 SU 3293/2019 NM 4875/19 NM 3226/23 NM 517/24 Exhibit 8/C CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04) Adv. Mr. Pathak h/f Adv. Mr. Shobhit Shukla for the plaintiff is present On his say, the matter is kept back. Adv. Mr. Swapnil Bharti for defendant No. 1/MCGM is present. None present for defendant No. 2. Later on at 12.00 pm Mr. Mohd Shadab Shaikh - POA of the plaintiffs is…

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