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SUIT - SHORT CAUSE CIVIL SUIT

Sohrab Turab KhanVsMCGM +1 more

CNR MHCC0100008120195-COURT 05 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 30th January 2026

TrustJury record updated 16 Sept 2026

Case Overview

Registration Number
100187/2019
Registration Date
23 Jan 2019

Advocates

1

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    2
    Hindu Marriage Act · Sec 34 · 37
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 25-01-2019
    Business: Advocate for plaintiff present and filed registered NM No.309/19 and also requested short time to file reply to the Ch/s.
    Advocate Mr. Giri for deft./MMC present.
    Advocate for applicant is present.
    Adjourned for NM hearing to 13.02.2019.
                                                                               Judge
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-02-2019
    
    Date: 13-02-2019
    Business: Advocate for plaintiff present and filed reply to ch/s.
    Advocate Mr. Sutar for deft./MMC present.
    Advocate for applicant is present.
    Adjourned for ch/s hearing to 27.02.2019.
                                                                               Judge
    Next Purpose: C/S  HEARING
    Next Hearing Date: 27-02-2019
    
    Date: 27-02-2019
    Business: Advocate for plaintiff present and submitted that the concerned advocate is not feeling well and requested for short adjournment.
    Advocate Mr Sutar for defendant / MMC present.
    Advocate Mr. Joshi for applicant present.
    Adjourned for C/S hearing to 06-03-2019.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 06-03-2019
    
    Date: 06-03-2019
    Business: Advocate Mr. Hasad Bukhari for plaintiff present.
    Advocate Mr. Sutar for deft./MMC present and filed W.S. Taken on record and marked as Exh.4. Copy served to other side.
    Advocate Mr. Joshi for applicant is present.
    Heard both the sides on ch/s no. 34/19.
    Adjourned for ch/s orders to 20.03.2019.
                                                                               Judge
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 20-03-2019
    
    Date: 20-03-2019
    Business: Advocate for plaintiff is present.
    Advocate Mr. Kumawat for deft./MMC present.
    Court is busy in other urgent matters.
    Adjourned for ch/s orders to 08.04.2019.
                                                                               Judge
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 08-04-2019
    
    Date: 08-04-2019
    Business: Plaintiff is present. His advocate is absent.
    Advocate Mr. Sutar for deft./MMC present.
    Advocate for applicant is present and requested short time for further arguments.
    Adjourned for ch/s hearing to 28.06.2019.
                                                                               Judge
    Next Purpose: C/S  HEARING
    Next Hearing Date: 28-06-2019
    
    Date: 28-06-2019
    Business: Advocate for plaintiff is present.
    Advocate Mr. Sutar for deft./MMC present.
    Holding advocate for applicant present and requested short adjournment for hearing.
    Adjourned for C/S hearing to 23.08.2019.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 23-08-2019
    
    Date: 23-08-2019
    Business: P.O. is on training. Board discharged
    Matter Adjourned for C/S Hearing to 14-10-2019.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 14-10-2019
    
    Date: 14-10-2019
    Business: Advocate for plaintiff is present.
    Advocate Mr. Sutar for defendant/BMC is present
    Advocate for applicant is present.
    Adjourned for C/S hearing to 29.11.2019.
                                                                               Judge
    Next Purpose: C/S  HEARING
    Next Hearing Date: 29-11-2019
    
    Date: 29-11-2019
    Business: Court is on leave.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 20-01-2020
    
    Date: 20-01-2020
    Business: Plaintiff present and his advocate absent.
    Advocate for applicant present.
    Advocate Vyavahare for defendant/BMC present.
    Adjourned for Ch/s Hearing to 27/03/2020.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 27-03-2020
    
    Date: 27-03-2020
    Next Purpose: C/S  HEARING
    Next Hearing Date: 08-04-2020
    
    Date: 08-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: C/S  HEARING
    Next Hearing Date: 20-04-2020
    
    Date: 20-04-2020
    Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 77 of 2020 matter adjourned.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 30-05-2020
    
    Date: 30-05-2020
    Business: In view of extension of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
    Next Purpose: C/S  HEARING
    Next Hearing Date: 17-06-2020
    
    Date: 17-06-2020
    Next Purpose: C/S  HEARING
    Next Hearing Date: 22-07-2020
    
    Date: 22-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: C/S  HEARING
    Next Hearing Date: 04-09-2020
    
    Date: 04-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: C/S  HEARING
    Next Hearing Date: 16-10-2020
    
    Date: 16-10-2020
    Business: Due to Covid-19. Matter is adjourned.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 21-12-2020
    
    Date: 21-12-2020
    Business: None for plaintiff.
    Adv. Mrs. Vyavahare for defendant/BMC present.
    Adjourned for Ch/s Hearing to 18/02/2021.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 18-02-2021
    
    Date: 18-02-2021
    Business: Advocate for plaintiff present.
    Advocate for intervenor present.
    Advocate for defendant/BMC present.
    Adjourned for N/M Hearing to 29/04/2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-04-2021
    
    Date: 29-04-2021
    Business: Due to Covid-19. Matter is adjourned.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-08-2021
    
    Date: 12-08-2021
    Business: As court is busy in hearing arguments on Chs. 632/2020 in suit no. 2922/2015, on Exh. 11 in suit no. 315/15 , on chs. 509/2019 in SU 1600/2016, on Chs. 377/19 in Suit no. 2505/2011 and on Chs. 1289/2018 in Suit 2130/17 and on suit no. 1914/19. Hence,  remaining board is discharged and matter is adjd. 18/09/2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-09-2021
    
    Date: 18-09-2021
    Business: As presiding officer is on leave, hence matter is adjourned to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-11-2021
    
    Date: 16-11-2021
    Business: None present  for plaintiff.
    Adv.Vidya Vyavahare  @ adv. sutar present  for MCGM/defendant.
    adv. Neha Chokshi present and sought adjournment.
    Matter adjourned for nm hearing to. 14/12/21.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-12-2021
    
    Date: 14-12-2021
    Business: Adv. joshi ib adv. Neha Choksi present for appicant in chs.
    Adv. Vidya present for MCGM/defendant.
    Heard arguments of Ld. Adv. for applicant in chs. no. 34/2019.
    As plaintiff and his adv. are absent, Matter adjourned for arguments of plaintiff on chs. to. 13/01/22.
    Next Purpose: C/S ARGUMENTS
    Next Hearing Date: 13-01-2022
    
    Date: 13-01-2022
    Business: In view of the office order no. 07/2022 dated. 07/01/22 of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06/01/22 of Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge of COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s. Hence, matter is adjourned to
    Next Purpose: C/S ARGUMENTS
    Next Hearing Date: 29-03-2022
    
    Date: 29-03-2022
    Business: As Court is on leave.
    Next Purpose: C/S ARGUMENTS
    Next Hearing Date: 09-06-2022
    
    Date: 09-06-2022
    Business: As presiding officer is on leave. Hence, matter is adjourned to
    Next Purpose: C/S ARGUMENTS
    Next Hearing Date: 26-07-2022
    
    Date: 26-07-2022
    Business: As court is busy.
    Next Purpose: C/S ARGUMENTS
    Next Hearing Date: 30-07-2022
    
    Date: 30-07-2022
    Business: Adv.Hiran Bhatia for Plaintiff present.
    Adv. Chetan Mhatre for applicant present.
    Adv for Plaintiff produced the copy of order passed by Hon\''ble Bombay High Court in Appeal order No. 603/2022 with Civil Application No. 80/22 wherein this court has been directed to decide the NM along with the application for implement preferable within a period of 12 weeks from the receipt of this order. TOR. Exh.5.
    Matter is adjd for  hearing on Ch.s. No.34/2019 on 12-08-2022
    Next Purpose: C/S ARGUMENTS
    Next Hearing Date: 12-08-2022
    
    Date: 12-08-2022
    Business: Adv. Bhatia for Plaintiff present.
    Adv. Joshi for applicant in Ch/s. present.
    Matter is adjd for hearing on 23-08-2022
    Next Purpose: NM HIGH ON BOARD
    Next Hearing Date: 23-08-2022
    
    Date: 23-08-2022
    Business: Adv.Bhatia for Plaintiff present.
    Adv. Aniket Kale for applicant in C/s present.
    Adv. for Plaintiff filed adjournment application. TOR. Exh.6.
    O- Considering difficulty of advocate and time bound nature of matter, short adjournment is granted as last chance.
    Matter is adjd for hearing on 05-09-2022
    Next Purpose: S.CT.H.CT. TIME BOUND
    Next Hearing Date: 05-09-2022
    
    Date: 05-09-2022
    Business: Adv. Asad Bukhari @ Adv. Bhatia for Plaintiff present.
    Adv Shishir Joshi I/b Adv. Choksi for applicant in C/s is present.
    Adv. Smt. Vidya Vyavahare for MCGM/ defendant  present.
    Heard arguments of  advocate for applicant.
    Partly heard advocate for Plaintiff.
    Matter is adjd for arguments PH on 13-09-2022
    Next Purpose: S.CT.H.CT. TIME BOUND
    Next Hearing Date: 13-09-2022
    
    Date: 13-09-2022
    Business: Adv. Asad Bukhari @ Adv. Bhatia for Plaintiff present.
    Adv Shishir Joshi I/b Adv. Choksi for applicant in Ch/s is present. Adv. Smt. Vidya Vyavahare for MCGM/ defendant present.
    Heard arguments of both sides on C/s No. 34/2019.
    Matter is adjd for  order on C/s on 23-09-2022
    Next Purpose: S.CT.H.CT. TIME BOUND
    Next Hearing Date: 23-09-2022
    
    Date: 23-09-2022
    Business: Adv Shivani Jain for Plaintiff present.
    Adv Neha Choksi for applicant present.
    Adv. Smt. Vidya Vyavahare for MCGM/ defendant  present.
    Court is busy in urgent hearing matters i.e. Suit No. 4475/2009. Hence want of time board is discharged.
    Matter is adjd for Ch/s order on 29-09-2022
    Next Purpose: S.CT.H.CT. TIME BOUND
    Next Hearing Date: 29-09-2022
    
    Date: 29-09-2022
    Business: Adv Shivani Jain for Plaintiff present.
    Adv Neha Choksi for applicant present. Adv.
    Smt. Vidya Vyavahare for MCGM/ defendant present.
    Court is busy in hearing in old matter i.e. Suit No. 2798 of 2006. Hence want of time matter is adjourned.
    Matter is adjd for Ch/s order on 04-10-2022
    Next Purpose: S.CT.H.CT. TIME BOUND
    Next Hearing Date: 04-10-2022
    
    Date: 04-10-2022
    Business: Adv.  Nilesh pandey  plaintiff.
    Adv. Vayvhare present for MCGM/Def.
    Matter is adjd for Order on 17-10-2022.
    Next Purpose: ORDER
    Next Hearing Date: 06-10-2022
    
    Date: 06-10-2022
    Business: Adv Siwani Jain for Plaintiff present.
    Adv. Smt. Vidya Vyavahare for MCGM/ defendant  present.
    Adv Aniket L.Kale I/b Joshi for intervener present.
    FRSR the following order is passed on Chamber Summons No.34 of 2019
    ORDER
    1.  Chamber Summons No 34 of 2019 stands dismissed.
    2.  Chamber Summons  is disposed off.
    Authenticated copy of today\\\''s roznama be given to the parties if requested.
    Matter is adjd for NM hearing on 10-10-2022
    Next Purpose: S.CT.H.CT. TIME BOUND
    Next Hearing Date: 10-10-2022
    
    Date: 10-10-2022
    Business: Plaintiff is present and prayed for grant of short adjournment stating that his adv is not well. The matter is made Time bound by Hon\''ble Bombay High Court and the NM is to be decided till 21.10.2022. Hence, looking to said time frame I allow the adjournment for short time as last chance.
    Adv Aniket L.Kale I/b Joshi for intervener present and prayed for grant of adjournment of one week to challenge the order passed in Ch/s. It reveals that the Ch/.s has been dismissed and the matter has been made time bound by Hon\''ble Bombay High Court. Hence, said prayer is not consider.
    Adv. Smt. Vidya Vyavahare for MCGM/ defendant  present.
    Matter is adjd for NM arguments on 11-10-2022.
    Next Purpose: S.CT.H.CT. TIME BOUND
    Next Hearing Date: 11-10-2022
    
    Date: 11-10-2022
    Business: Adv Asad Bukhari for Plaintiff present.
    Adv. Smt. Vidya Vyavahare for MCGM/ defendant  present.
    Heard arguments of adv for Plaintiff and adv for deft on NM No. 309 of 2019.
    In view of order passed by Hon\''ble Bombay High Court in Appeal No. 603/2022, interim order of status quo to continue till disposal of this NM.
    Matter is adjd for NM order on 14-10-2022
    Next Purpose: S.CT.H.CT. TIME BOUND
    Next Hearing Date: 14-10-2022
    
    Date: 14-10-2022
    Business: Adv. Saurabh Khan for Plaintiff present.
    Adv. Smt. Vidya Vyavahare for MCGM/ defendant  present.
    FRSR the following order is passed on Notice of Motion No. 309 of 2019.
     ORDER
    1. Notice of Motion No.309 of 2019 is dismissed.
    2. Notice of Motion is disposed off.
    Adv for Plaintiff filed stay application. TOR. Exh... O- Other side to say.
    Say filed by adv for deft/MCGM.
    Order - Read the application and say. Plaintiff is having legal and statutory right to challenge the order passed by this Court on the Notice of Motion. Interim protection continued till today. Hence, considering said circumstances, the application is allowed and interim protection against impugned notice and order to continue for 8 weeks from today.
    Authenticated copy of today\''s roznama be given to the parties if requested.
    Matter is adjd for issues on 11-01-2023
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 11-01-2023
    
    Date: 11-01-2023
    Business: As Court is busy in High Court Time Bound Matter i.e. Suit No. 3243 of 2014. Hence want of time board is discharged. Matter is adjd for framing issues on 04-02-2023
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 04-02-2023
    
    Date: 04-02-2023
    Business: As Court is busy in recording statement u/s 313 of Cr.P.C. in Session Case No. 1490 of 2019 and partly heard arguments in Suit No.2378 of 2012. Hence want of time board is discharged.
    Matter is adjd for RE on 21-03-2023
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 21-03-2023
    
    Date: 21-03-2023
    Business: As presiding officer is on leave. Hence, matter is adjourned to
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 20-06-2023
    
    Date: 20-06-2023
    Business: Adv. Fatima Khan for Plaintiff present.
    Adv. Ms. Vyavahare for MCGM present.
    Ld. Adv. for plaintiff filed VP on behalf of plaintiff along with No objection.  TOR and marked at Exh.7  O- R and R.
    Matter is adjd to 05.08.2023 for framing of issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 05-08-2023
    
    Date: 05-08-2023
    Business: P.O. is on leave.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 21-09-2023
    
    Date: 21-09-2023
    Business: None present for plaintiff.
    Advocate Vidya Vyavahare for defendant/BMC.
    As court is busy in recording evidence in suit no. 1430/2010, Matter is adjd. to 21/11/23 for framing issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 21-11-2023
    
    Date: 21-11-2023
    Business: Adv. Vipul Patil h/f Adv. Meenaz Ansari for Plaintiff present.
    Adv.  Vidya Vyavahare for defendant/MCGM present.
    Matter is adjd  to 13.02.2024 for framing issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 13-02-2024
    
    Date: 13-02-2024
    Business: Adv. M. B. Shaikh h/f Adv. Meenaz for Plaintiff present.
    Adv. Ms. Rawade for MCGM present.
    Matter is adjd to 16.04.2024 for framing issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 16-04-2024
    
    Date: 16-04-2024
    Business: The P.O. is on leave. Hence, matter is adjourned.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 29-08-2024
    
    Date: 29-08-2024
    Business: Adv. Kori i/b Adv. Meenaz Ansari for Plaintiff present.
    Adv. Sachin Vajale for defendant/BMC present.
    Matter is adjd  to 12.11.2024 for framing issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 12-11-2024
    
    Date: 12-11-2024
    Business: Adv. Shaikh for Plaintiff present.
    Adv. Sachin Vajale for defendant/BMC present.
    Matter is adjd  to 30.01.2025 for framing issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 30-01-2025
    
    Date: 30-01-2025
    Business: None for Plaintiff.
    Adv. Sachin Vajale for defendant/BMC present.
    Matter is adjd  to 21.04.2025 for framing issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 21-04-2025
    
    Date: 21-04-2025
    Business: The P.O. is on leave. Hence, matter is adjourned.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 02-07-2025
    
    Date: 02-07-2025
    Business: None for Plaintiff.
    Adv. A. K. Nandanwar for MCGM/Defendant present.
    Exh. 9 - Issues are framed.
    Matter is adjd  to 06.08.2025 for evidence of plaintiff.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 06-08-2025
    
    Date: 06-08-2025
    Business: None present on behalf of Plaintiff, failed to adduce evidence.
    Adv. Shital Waghmare h/f Adv. G. V. Jawale for Defendant/MCGM present.
    Matter is adjd to 15.09.2025 for  evidence.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 15-09-2025
    
    Date: 15-09-2025
    Business: The P.O. is on leave. Hence, matter is adjourned.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 14-11-2025
    
    Date: 14-11-2025
    Business: None present for plaintiff, failed to adduce evidence.
    Adv. G. V. Jawale for Defendant/MCGM present.
    Matter is adjd  to 22.01.2026 for evidence of plaintiff.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 22-01-2026
    
    Date: 22-01-2026
    Business: None for Plaintiff.
    Adv. Sangita Honmane for Defendant/MCGM present.
    Since last 5 dates none present on behalf of plaintiff. Matter is for the evidence. It is therefore be kept for dismissal order on next date.
    Matter is adjd  to  30.01.2026  for dismissal order.
    Next Purpose: DISMISSAL
    Next Hearing Date: 30-01-2026
    
    Date: 30-01-2026
    Business: None for Plaintiff.
    Adv. G. V. Jawale for Defendant/MCGM present.
    Keep back.
    Later on at 4.45 p.m. None appeared on behalf of plaintiff.
         Vide order dated 22/01/2026 today suit is for dismissal order. Since long none present on behalf of plaintiff and took the necessary steps. It is therefore clear that plaintiff is not intersted in proceeding with the matter, so suit is liable to dismissed for want of prosecution. In the result following order is passed -
    ORDER
    1) L.C. Suit No.187 of 2019 is hereby dismissed in default for want of prosecution.
    2) No order as to costs.
    3) Bill of costs be drawn accordingly.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 30-01-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 100116/2019
    Filing Date: 03-01-2019
    First Hearing Date: 25th January 2019
    Decision Date: 30th January 2026
    Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    30 Jan 2026
    Order Details: Other
    Pdf Text: 3 30.01.2026 CORAM: SHRI R. S. ARADHYE ADDL. SESSIONS JUDGE C.R.NO.5
    SU. 187/19 None for Plaintiff.
    Adv. G. V. Jawale for Defendant/MCGM present.
    Keep back.
    Later on at 4.45 p.m. None appeared on behalf of plaintiff.
    Vide order dated 22/01/2026 today suit is for dismissal order.
    Since long none present on behalf of plaintiff and took the necessary
    steps. It is therefore clear that plaintiff is not intersted in proceeding
    with the matter, so suit is liable to dismissed for want of prosecution.
    In the result following order is passed :-
    ORDER
    1) L.C. Suit No.187 of 2019 is hereby dismissed in default for want of
    prosecution.
    2) No order as to costs.
    3) Bill of costs be drawn accordingly.
    Judge
    -- 1 of 1 --

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