SUIT - SHORT CAUSE CIVIL SUIT
Shri. Abdul Khalid ShaikhVsSRA +7 more
CNR MHCC0101375720199-COURT 09 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 18th June 2026
TrustJury record updated 27 Sept 2026
Case Overview
- Registration Number
- 102637/2019
- Registration Date
- 04 Oct 2019
Advocates
2For Petitioner
For Respondent
Parties
9Petitioner
Acts & Sections
1CODE OF CIVIL PROCEDURE · Sec 39
Case History / Proceedings
Case History
Date: 22-06-2021
Business: Due to COVID-19 pandemic.
Matter is adjourned.
Next Purpose: DIRECTIONS
Next Hearing Date: 26-07-2021
Date: 26-07-2021
Business: Court is on leave
Next Purpose: DIRECTIONS
Next Hearing Date: 21-09-2021
Date: 21-09-2021
Business: Adv. Mr. R. A. Yadav for the plaintiff present.
Adv. Mr. Trivedi for the defendant/SRA present.
Matter is adjd. to 18/10/2021 for hearing on NM 3828/19, at 01.00 p.m..
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-10-2021
Date: 18-10-2021
Business: As per Office Order No.213 of 2021. Holiday is declared today.
Matter is adjd. to 27/11/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-11-2021
Date: 27-11-2021
Business: As Court is busy in hearing argument in NM 2890/21 in SU 2173/21 and other matter on board. Hence, board is discharged.
Matter is adjd. to 29.11.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-11-2021
Date: 29-11-2021
Business: Adv R.A. Yadav present for the plaintiff.
Adv Mr.Trivedi present for the defendant no.1
Adv Chandramore present for the corporation.
KB
Adv R.A. Yadav present for the plaintiff.
Matter is adjd. to 30.11.2021 for NM argument
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-11-2021
Date: 30-11-2021
Business: Adv Mr.R.A. Yadav present for the plaintiff.
Adv Mr.Trivedi present for the defendant no.1
Adv A.Diamandwala present for the defendant no.6
Govt pleader pointed out that the writ of summons and notice of NM is not served on the Govt pleaders office as per Order 27 Rule 4 of CPC. Ld advocate for plaintiff is directed to serve accordingly. Heard argument on behalf of plaintiff, defendant no.1 and advocate for defendant no.6. Matter is adjourned for the argument of defendant no.2 by the Govt pleader and reply by the plaintiff if any. Matter be listed on 02.12.2021.
Partly argument heard.
Matter is adjd. to 02.12.2021 for further arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 02-12-2021
Date: 02-12-2021
Business: Adv Ms.Martina Sakpal present for the defendant.
Argument heard.
Matter is adjd. to 10.12.2021 for order.
Next Purpose: ORDER
Next Hearing Date: 07-12-2021
Date: 07-12-2021
Business: NOB TOB
Adv Mr.R.A.Yadav present for the plaintiff.
He filed written argument.
Matter is already adjd. to 10.12.2021 for NM order.
Next Purpose: ORDER
Next Hearing Date: 10-12-2021
Date: 10-12-2021
Business: Adv R.A.Yadav present for the plaintiff.
Adv Nidhi Ashiwal present for the defendant no.6
Matter is adjd. to 15.12.2021 for orders.
Next Purpose: ORDER
Next Hearing Date: 15-12-2021
Date: 15-12-2021
Business: Court is on Leave.
Next Purpose: ORDER
Next Hearing Date: 20-12-2021
Date: 20-12-2021
Business: Plaintiff in person present.
Adv.chandramore for defendant no.1.
Adv.Trivedi for SRA/defendant.
Adv.Kapse for defendant no.2
Adv.Nidhi for defendant no.6.
For the reason separately recorded, the following order is passed.
ORDER
1. Notice of Motion No. 3828 of 2019 is dismissed with cost.
2. Notice of Motion No. 3828 of 2019 is disposed of accordingly.
Matter is adjd. to 28-03-2022
Next Purpose: ORDER
Next Hearing Date: 28-03-2022
Date: 28-03-2022
Business: Adv. A.Diamondwala for defendant no.6 present.
Adv. Trivedi for defendant no. 1 present.
Adv. Kapase h/f Adv. Sakpal for defendant present.
None present for plaintiff and other defendants.
Matter is adjd. to 27-06-2022 for WS subject to limitation.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 27-06-2022
Date: 27-06-2022
Business: court is on leave
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 23-08-2022
Date: 23-08-2022
Business: None present for plaintiff.
Adv. Trivedi for defendant no. 1/SRA present.
Adv. Martina Sakpal for deft.no. 2 present.
Adv. Chandramore for defendant/BMC present.
Matter is adjd. to 17.10.2022 for Written statement subject to limitation.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 17-10-2022
Date: 17-10-2022
Business: None present for plaintiff.
Adv. Trivedi for defendant no. 1/SRA present.
Adv. Noorain Patel for Deft.No. 6 present and seeking time to filing WS. O - Time granted subject to limitation.
Adv. Chandramore for defendant no. 3/BMC present.
Matter is adjd. to 12.12.2022 for WS.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 12-12-2022
Date: 12-12-2022
Business: As Court is busy in hearing 40 years old matter i.e in Suit No. 6910/1978 and dictating judgment in Suit no. 650/2018. Hence, board is discharged. Matter is adjourned to 06.02.2023 for Written Statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 06-02-2023
Date: 06-02-2023
Business: None present for Plaintiff.
Adv. Mr. Trivedi for Deft. no.1/SRA present
Adv. Priyanka Gaonkar h/f Adv. Martina Sakpal for Defendant no.2 /State present.
Adv. Vishal Makhawana for Defendant No. 6 present and seeking time to file written statement. Time granted subject to limitation.
Matter is adjourned to 21.03.2023 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 21-03-2023
Date: 21-03-2023
Business: Adv. R.A. Yadav for plaintiff present.
Adv. Mr. Trivedi for Defendant No.1/SRA present
Advocate Mr. Khatib for the State/defendant No.2 present.
Adv. Chandramore for defendant No.3/BMC present.
Adv. Vishal Makhwana for defendant No.6 present and seeking to file written statement. Time is granted subject to limitation.
Plaintiff is directed to serve copy of plaint to Defenant No.3/BMC.
Matter is adjourned to 20.06.2023 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 20-06-2023
Date: 20-06-2023
Business: None present for the plaintiff.
Adv. Mr. Trivedi for defendant No.1/SRA is present.
Adv. Ms. Chandramore for defendant No.3/BMC is present.
Adv. Mr. Vishal Makwana for defendant No. 6 is present.
No written statement has been filed by defendant Nos. 1, 2, 3 and 6 within stipulated period. Hence, no WS order is passed against defendant Nos. 1 to 3 and 6.
Adjourned for steps defendant Nos. 4 and 5 to 28.08.2023.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 28-08-2023
Date: 28-08-2023
Business: None present for the plaintiff.
Adv. Mr. Trivedi for defendant No. 1/SRA is present.
Adv. Ms. Chandramore for defendant No.3/BMC is present.
Adv. Ms. Alfiya Diamondwala for defendant No. 6 is present.
Matter is adjourned to 20.11.2023 for steps against defendant Nos. 4 and 5.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-11-2023
Date: 20-11-2023
Business: None present for the plaintiff.
Adv. Mr. Trivedi for defendant No.1/SRA is present.
Adv. Ms. Priyanka Gaonkar h/f Adv. Martina Sakpal for defendant No.2/State is present.
Matter is adjourned to 11.03.2024 for steps against defendant Nos. 4 and 5.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 11-03-2024
Date: 11-03-2024
Business: None for the plaintiff.
Adv. Mr.Krishna Yadav h/f Adv. Martina Sakpal for defendant no.2/State is present.
Adv. Mr. Vishal Makwana for defendant no.6 is present.
It appears from roznama that matter is fixed for taking steps. However, plaintiff is not appearing and is taking any steps into the matter. Hence, plaintiff is directed to proceed with matter by taking necessary steps positively failing which further order will follow.
Matter is adjourned to 24.06.2024 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 24-06-2024
Date: 24-06-2024
Business: None for the plaintiff.
Adv.Mr.Bhandari h/f Adv. Mr.Trivedi for defendant No.1/SRA is present.
Adv. Mr.Vishal Makvana for defendant no.6 is present.
It appears from the roznama that the matter is fixed for steps since, 28.08.2023 but no steps are taken .
Matter is adjourned to 17.08.2024 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 17-08-2024
Date: 17-08-2024
Business: As the Court is on leave. Hence, board is discharged and matter is adjd. to
Next Purpose: DISMISSAL
Next Hearing Date: 21-09-2024
Date: 21-09-2024
Business: As the Court is on leave today. Hence board is discharged and matter is adjourned to
Next Purpose: DISMISSAL
Next Hearing Date: 14-10-2024
Date: 14-10-2024
Business: As the Court is on leave today. Hence board is discharged and matter is adjourned to
Next Purpose: DISMISSAL
Next Hearing Date: 16-11-2024
Date: 16-11-2024
Business: As the Court is on leave today. Hence board is discharged and matter is adjourned to
Next Purpose: DISMISSAL
Next Hearing Date: 18-01-2025
Date: 18-01-2025
Date: 03-03-2025
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 03-03-2025
Date: 03-03-2025
Business: By Praecipe matter is taken on today's board.
Adv. C. B. Yadav present for plaintiff.
Advocate Trivedi for defendant no. 1/SRA present.
Adv. Martina Sakpal for defendant no.2/State present.
Adv. for plaintiff filed an application for cancellation of order dt. 18/01/2025. t.o.r marked as Exh. 8.
Order on Exh. - Perused the application and record. The record shows that, on 18/01/2025 the matter was kept for taking steps against defendant no. 4 and 5 but it was wrongly disposed of in CIS. Hence, application is allowed. The matter be restored and taken on today’s board.
Matter is adjourned to 01/04/2025 for steps against defendant no. 4 and 5.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 01-04-2025
Date: 01-04-2025
Business: None present for plaintiff.
Adv. Rahul Rathod present for defendant No.3
Adv. Dhuren Patel for defendant No. 6 present
Plaintiff to remain present on next date without fail and take steps against defendant Nos. 4 and 5.
Matter is adjourned to 23.06.2025 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 23-06-2025
Date: 23-06-2025
Business: None present for plaintiff.
Advocate Trivedi for defendant no. 1/SRA present.
Advocate Nooren Patel for defendant no. 6 present.
Advocate Rahul Rathod for defendant/BMC present.
None present for other defendants.
Record shows that, by order dt. 3/3/2025 matter against deft no. 4 and 5 was restored back and by order dt. 01/04/25 plaintiff was directed to take steps against deft. no. 4 and 5. Plaintiff is absent. Matter be adjourned for steps.
Matter is adjourned for taking steps to 25/08/25.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 08-07-2025
Date: 08-07-2025
Business: NOB. TOB.
Writ is received from the Hon'ble High Court having D.D.(A.O.) No. CO710260 dt. 06-06-2025 in APPEAL FROM ORDER NO. 177 OF 2022 (Coram: Gauri Godse, J.) has passed the following order on 24th March, 2025.
Order
3. The notice of motion is dismissed on the ground that the plaintiff
was unable to prove the eligibility for the benefits of the slum
rehabilitation scheme. It is not in dispute that the structure claimed by the plaintiff is in an area which is declared as slum, and rehabilitation scheme is being implemented. It is also not in dispute that the plaintiff was unable to prove his eligibility and thus, his appeal for challenging Annexure-II was also dismissed. In view of the aforesaid admitted facts, no fault can be found in the impugned order refusing to grant of any relief.
4. The appeal is devoid of any merits. Hence, the appeal is
dismissed.
Matter is adjourned to 25.08.2025 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 25-08-2025
Date: 25-08-2025
Business: None present for plaintiff.
Adv. Rahul Rathod for defendant no.3/BMC present.
Adv. Farkanda Shaikh h/f Adv. Martina Sakpal for defendant no.2/State present.
Adv. Trivedi for SRA present.
Adv. Renuka Swami i/b Diamondwala and Co. present for defendant no.6.
Matter is adjourned to 04.11.2025 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 04-11-2025
Date: 04-11-2025
Business: None present for plaintiff.
Adv. Trivedi for defendant/SRA present.
Adv. Martina Sakpal for defendant/State present.
Adv. V. G. Shinde h/f Adv. Rahul Rathod for defendant/BMC present.
Adv. Renuka Swami i/b Diamondwalla Co. for defendant no.6 present.
As plaintiff and his advocate are absent, Matter is adjourned to 03.02.2026 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 03-02-2026
Date: 03-02-2026
Business: None present for plaintiff.
Adv. Priyanka Gaonkar h/f Adv. Martina Sakpal present for defendant no.2/State.
Adv. Rahul Rathod for defendant no.3/BMC present.
Adv. Saud Sardar for defendant no.6 present.
No steps taken by the plaintiff against defendant nos.4 and 5 hence, suit stands dismissed against defendant nos.4 and 5. As no WS order is passed against defendant nos.1 to 3 and 6, plaintiff to lead evidence on next date. Hence, Matter is adjourned to 18.06.2026 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-06-2026
Date: 18-06-2026
Business: CORAM H.H.J. SHRI S. M. PATIL, (C.R. NO.09)
None present for plaintiff.
Adv.Anjali Dhange i/.b Adv. Matina Sakpal for defendant no.2 present.
Adv.Yasar Khan for defendant no.6 present.
Adv. Rahul Rathod for BMC (defendant) present.
Plaintiff and his advocate absent.
No application for adjournment. Suit is old, hence, it shows that plaintiff is not interested with proceed with suit, therefore, suit stands dismissed for want of prosecution.
Judge
Nature Of Disposal: DISMISSED
Disposal Date: 18-06-2026Additional Case Details
Additional Case Details
Filing Number: 110788/2019 Filing Date: 03-10-2019 First Hearing Date: 22nd June 2021 Decision Date: 18th June 2026 Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE
Orders
1Final Order 118 Jun 2026
18 Jun 2026
Order Details: Other Pdf Text: 18.06.2026 Sr. No. 31 CORAM: H.H.J. SHRI S. M. PATIL, (C.R. NO.09) SU 2637/2019 None present for plaintiff. Adv.Anjali Dhange i/.b Adv. Matina Sakpal for defendant no.2 present. Adv.Yasar Khan for defendant no.6 present. Adv. Rahul Rathod for BMC (defendant) present. Plaintiff and his advocate absent. No application for adjournment. Suit is old, hence, it shows that plaintiff is not interested with proceed with suit, therefore, suit stands dismissed for want of prosecution. Judge -- 1 of 1 --
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