SUIT - SHORT CAUSE CIVIL SUIT
Saeedabi Fateh Mohammed QureshiVsYasmin Fakir Mohammed Qureshi
CNR MHCC01000106201962-COURT 62 AD-HOC ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 11th October 2023
TrustJury record updated 16 Sept 2026
Case Overview
- Registration Number
- 100224/2019
- Registration Date
- 24 Jan 2019
Advocates
2For Petitioner
For Respondent
Parties
2Petitioner
Respondent
Acts & Sections
1Hindu Marriage Act · Sec 34 · 37
Case History / Proceedings
Case History
Date: 14-02-2019
Business: Adv. S.K.Mishra for Plaintiff present.
Deft in person present.
Draft NM filed by Plaintiff.
Leave granted to register it.
Copy of NM already supplied to Defendant.
Deft prayed for time to engage Advocate.
Adj for NM reply to 28.03.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-03-2019
Date: 12-03-2019
Business: By Precipe.
Adv. Dwivedi for Plaintiff present.
Adv for Plaintiff submitted that Plaintiff be permitted to serve notice through Bailiff.
Allowed to serve notice through Bailiff upon Defendant.
Short service is allowed.
Already adj to 28.03.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-03-2019
Date: 28-03-2019
Business: Adv. Arvind Diwedi for Plaintiff present.
Service affidavit filed by Plaintiff.
Original NM No.862/19 filed by Plaintiff t.o.r.
Ex.2 Adv. Bhatia filed V/n for Defendant t.o.r.
He also filed reply to NM t.o.r.
Adj for NM hearing to 18.06.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-06-2019
Date: 18-06-2019
Business: Court is busy in dictating order hence, Board is discharged.
Case is adjourned to 23.08.2019 for Notice of Motion hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-08-2019
Date: 23-08-2019
Business: Court is busy in hearing and dictating order on NM in suit no.2614/18 and hearing and dictating order on Chamber Summons in suit no.81/87, hence case is adjourned to 07/10/2019.
Advocate Arvindkumar Dwivedi for Plaintiff filed rejoinder to NM reply filed by Defendant, t.o.r.
Advocate K. A. Bhatia for Defendant present.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-10-2019
Date: 07-10-2019
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-12-2019
Date: 07-10-2019
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-12-2019
Date: 16-12-2019
Business: Advocate Arvind Dwivedi for plaintiff present.
Advocate Mr. Bhatia for defendants present.
Court is busy in dictating Judgment in suit no.8136/86, hence case is adjourned to 11/02/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-02-2020
Date: 11-02-2020
Business: Advocate Arvind Dwivedi for Plaintiff present
Advocate K. Bhatiya for Defendant present and submitted that copies of the documents sought by Defendant are served by Plaintiff\''s advocate today hence Defendant is directed to file Written Statement within 90 days from today.
Both the learned advocates submitted that on next date they will argue NM.
Case is adjourned to 27/03/2020 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-03-2020
Date: 27-03-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-04-2020
Date: 08-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-04-2020
Date: 20-04-2020
Business: National Lock down
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-05-2020
Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-06-2020
Date: 17-06-2020
Business: Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 12/08/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-08-2020
Date: 17-06-2020
Business: Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 12/08/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-08-2020
Date: 12-08-2020
Business: As holiday hence adjourned tomorrow.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-08-2020
Date: 12-08-2020
Business: As holiday hence adjourned tomorrow.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-08-2020
Date: 13-08-2020
Business: Due to corona pandemic and lockdown
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-10-2020
Date: 13-08-2020
Business: Due to corona pandemic and lockdown
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-10-2020
Date: 15-10-2020
Business: None present for plaintiff.
None present for defendant.
Due to Corona Pandemic it seems that parties are absent, hence case is adjd. To 16/01/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-01-2021
Date: 15-10-2020
Business: None present for plaintiff.
None present for defendant.
Due to Corona Pandemic it seems that parties are absent, hence case is adjd. To 16/01/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-01-2021
Date: 16-01-2021
Business: None present for the plff.
Adv Mr. Bhatia for defendant present and tendered draft Notice of Motion along with affidavit in support. The proposed written statement of the deft is also produced with NM. He also filed compilation of order passed by Hon’ble High Court. O- Leave to register NM is granted.
Adjd. for reply to NM to 19.04.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-04-2021
Date: 19-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-07-2021
Date: 02-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-09-2021
Date: 02-09-2021
Business: None present for the plff.
Adv Mr. Bhatia for deft present.
There is endorsement on registered NM No. 182/2021 that plff has received copy of said NM and affidavit in support. As nobody is present for the plff and as plff has failed to file reply, NM No.182/2021 to proceed without reply of the plff.
Matter is adjd. for NM hearing and for dismissal order in NM No.862/19 to 26.10.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-10-2021
Date: 26-10-2021
Business: court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-12-2021
Date: 26-10-2021
Business: court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-12-2021
Date: 09-12-2021
Business: Adv Mr. Dwivedi present for plff. and endorsed reply on NM No.182/2021 itself.
Adv Mr. Bhatia present for deft.
Heard arguments in NM No.182/2021.
Since WS of the deft is already produced on record with the NM, considering the statements made in the affidavit filed in support of NM and reply given by the adv. for the plff, N.M.No.182/2021 is allowed and WS of deft is taken on record at Exh.3.
Matter is adjd. for hearing in NM 862/2019 to 04.02.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-02-2022
Date: 04-02-2022
Business: None present for plff.
Adv. Bhatia for defendant present and brought to the notice that Notice of Motion No.182 of 2021 is appearing on board though it is disposed off as per order dtd.09/12/2021.
Perusal of roznama dtd.09/12/2021 shows that said Notice of Motion is allowed on that date hence, it be marked in CIS as already disposed of.
Matter is adjd. for hearing on NM 862 of 2019 to 11/04/2022.
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-04-2022
Date: 11-04-2022
Business: Adv Mr. Arvind Dwivedi present for plff.
Adv Mr. Bhatia present for deft.
Heard arguments of both sides.
Matter is adjd. for orders to 18.04.2022.
Next Purpose: ORDER
Next Hearing Date: 18-04-2022
Date: 18-04-2022
Business: None present for plff.
Deft present in person.
Court is busy in hearing argument in HCTB NM and NM No.189/22 hence, for want of time this matter is adjd. for order to 26.04.2022.
Next Purpose: ORDER
Next Hearing Date: 26-04-2022
Date: 26-04-2022
Business: None present
Deft present in person.
Court is busy in hearing further arguments in part heard NM No.3572/18 and other matters hence, for want of time, this matter is adjd. to 02.05.2022 for order.
Next Purpose: ORDER
Next Hearing Date: 02-05-2022
Date: 02-05-2022
Business: None present for plff.
Son of deft present.
F.R.S.R. following order is passed in N.M.No.862/2019
ORDER
Notice of Motion No. 862 of 2019 is dismissed.
----
Matter is adjd. for draft issues to 15.06.2022.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 15-06-2022
Date: 15-06-2022
Business: None present. Draft issues not filed.
Matter adjd to 22.07.2022 for framing of issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 22-07-2022
Date: 22-07-2022
Business: None present for plaintiff.
Adv.K. A. Bhatia for defendant present. He filed draft issues t.o.r. and marked as Exh.4.
Heard the defendant on framing of issues. None present for pltff. No draft issues filed by the plaintiff. No submissions of the plaintiff on issues.
Matter adjd to 22.09.2022 for framing of issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 22-09-2022
Date: 22-09-2022
Business: None present for plaintiff.
Adv.Bhatia for deft. present.
KB
LO at 05.55 pm
As Court time is over, hence, adjourned.
Matter adjd to 15.10.2022 for framing of issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 15-10-2022
Date: 15-10-2022
Business: None present for plaintiff.
Adv.K.Bhatia for defendant present.
KB for issues.
LO at 05.55 pm
For want of time and as Court is busy in dictating order in SU 2230/22, SU 2231/22, SU 2232/22, SU 1533/16 and SU 1840/18, hence, adjourned.
Matter adjd to 19.12.2022 for framing of issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 19-12-2022
Date: 19-12-2022
Business: None present for plaintiff.
Adv.K.Bhatia for deft. present.
Matter adjd to 04.02.2023 for framing of issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 04-02-2023
Date: 04-02-2023
Business: None present for plaintiff.
Adv.K.A. Bhatia for defendant present.
KB
LO at 12.20 pm
None present for both sides.
Issues are framed at Exh.05.
Matter adj. to 01.04.2023 for filing affidavit of evidence by pltff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-04-2023
Date: 01-04-2023
Business: None present for plaintiff.
Adv.K. A. Bhatia for defendant present.
Plaintiff to note that issues are framed on 04.02.2023. Today suit is for evidence. The plaintiff remained absent, failed to adduce evidence. This being first date for evidence, in the interest for justice suit is adjourned on same stage for filing evidence by the plaintiff.
Matter adjd to 15.07.2023 for filing evidence by plaintiff.
Judge
LO at 01.25 pm
Adv.S.K. Mishra for plaintiff present and filed application for discharge of his appearance. TOR and marked as Exh.6 a/w. this letter he filed copy of letter addressed to the plaintiff. Same is returned with endorsement as address left without instructions. Hence, the plaintiffs advocate has complied with the formalities. Hence, discharge is accepted. Application Exh.6 is allowed to that effect.
Matter adjd to 15.07.2023 for filing evidence by plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-07-2023
Date: 15-07-2023
Business: None for plaintiff.
Adv. A. K. Bhatia for defendant present.
Matter is adjd.to 30-08-2023 for R/E
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-08-2023
Date: 30-08-2023
Business: Court is on leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-09-2023
Date: 15-09-2023
Business: Court is on leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-10-2023
Date: 11-10-2023
Business: None for plaintiff.
Adv. K. A. Bhatia for defendant present.
From the perusal of the record, it appears that the plaintiff is not prosecuting the suit diligently since long despite the issues having been framed on 04-02-2023. His Advocate Mr. Mishra has been discharged vide order dtd. 01-04-2023 passed below Exh. 6. Since the plaintiff is not intending to adduce evidence in the matter since last 4 dates. I do not find any justification to keep the suit pending any more but to dismiss the suit under Order 9 Rule 8 of C.P.C. Suit stands accordingly dismissed.
Nature Of Disposal: DISMISSED
Disposal Date: 11-10-2023Additional Case Details
Additional Case Details
Filing Number: 100079/2019 Filing Date: 03-01-2019 First Hearing Date: 14th February 2019 Decision Date: 11th October 2023 Court Number And Judge: 62-COURT 62 AD-HOC ADDL SESSIONS JUDGE
Orders
1Final Order 111 Oct 2023
11 Oct 2023
Order Details: Other Pdf Text: 16/10/2023, 12:08 Case History 172.16.148.30/swecourtis/kiosk/ 1/1 Back Daily Status IN THE COURT OF :COURT 62 ADDL SESSIONS JUDGE Case No. :SUIT/0100224/2019 Saeedabi Fateh Mohammed Qureshi Vs Yasmin Fakir Mohammed Qureshi Date : 11-10-2023 Business : None for plaintiff. Adv. K. A. Bhatia for defendant present. From the perusal of the record, it appears that the plaintiff is not prosecuting the suit diligently since long despite the issues having been framed on 04-02-2023. His Advocate Mr. Mishra has been discharged vide order dtd. 01-04-2023 passed below Exh. 6. Since the plaintiff is not intending to adduce evidence in the matter since last 4 dates. I do not find any justification to keep the suit pending any more but to dismiss the suit under Order 9 Rule 8 of C.P.C. Suit stands accordingly dismissed. Nature of Disposal : DISMISSED Disposal Date : 11-10-2023 COURT 62 ADDL SESSIONS JUDGE -- 1 of 1 --
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