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SUIT - SHORT CAUSE CIVIL SUIT

Khatun Rahemat KhanVsRukaiya Peer Moideen Shaikh

CNR MHCC01000272201961-COURT 61 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
PENDING

TrustJury record updated 16 Sept 2026

Case Overview

Registration Number
100092/2019
Registration Date
09 Jan 2019
Next Hearing Date
14 Oct 2026
Case Stage
RECORDING EVIDENCE P.H.

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Hindu Marriage Act · Sec 37 and 38

    Case History / Proceedings

    Case History
    Date: 30-01-2019
    Business: Adv. Asis Singh for Plaintiff present.
    Filed writ of summons, marked as Exh. 2
    Adv. Adil Mirja h/f S. Khan appeared for defendant filed V/P. t.o.r marked Exh. 3
    Deft filed W.S. t.o.r marked as Exh. 4
    copy served to other side.
    Plaintiff tendered draft N/M.
    O- Leave granted to register it.
    Copy given to other side,
    Adjd. To 13.03.2019 for reply on NM.
    Next Purpose: HEARING
    Next Hearing Date: 13-03-2019
    
    Date: 13-03-2019
    Business: Adv. Singh for Plaintiff present.
    Adv. Mishra for Defendant present.
    Adv for Plaintiff tendered registered NM NO.1050/19 alongwith affidavit in support of it t.o.r.
    Adv for Defendant submitted that WS of defendant filed vide Exh.4 be treated as reply to NM.
    Plff has liberty to file rejoinder if any.
    Hence matter is adj for rejoinder and NM hearing to 13.06.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-06-2019
    
    Date: 13-06-2019
    Business: Plaintiff and his Adv. Asit Singh present.
    Defendant in person present.
    Advocate for plaintiff sought time to file rejoinder  granted.
    Adjd for filing rejoinder and NM hearing 08.07.2019
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-07-2019
    
    Date: 08-07-2019
    Business: Adv. Asit Singh for Plaintiff present.
    Plaintiff is present.
    Adv. S.Khan for defendant present.
    Defendant is present.
    Rejoinder not filed.
    Adj for NM hearing to 14.08.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-08-2019
    
    Date: 14-08-2019
    Business: Adv. Asit Singh for Plaintiff present.
    Defendant is present. Adv absent.
    Defendant sought adjournment.
    Granted.
    Adj for NM hearing to 23.09.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-09-2019
    
    Date: 23-09-2019
    Business: Adv.Asit Singh  For plaintiff present.
    Adv.Khan  For defendant present.
    Adv. For plaintiff submitted that NM to be disposed of without deciding it on Merits.  Therefore, NM 1050/19 is dismissed for want of prosecution. However, liberty is granted to plaintiff to take appropriate proceedings.
    Matter is adjd. for issues to 8.11.2019
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 08-11-2019
    
    Date: 08-11-2019
    Business: Adv. Asit Singh for plaintiff present.
    Adv. for plaintiff sought adjournment- Granted.
    Adjourned to 19.12.2019 for issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 19-12-2019
    
    Date: 19-12-2019
    Business: Plaintiff present.
    Adv. Asit Singh for plaintiff present.
    None present for defendant.
    Adjourned for draft issues to 14.02.2020.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 14-02-2020
    
    Date: 14-02-2020
    Business: Adv Ankit Oza for plff present.
    He seeks time to file draft issues.
    Deft and her Adv absent.
    Matter stands Adj for draft issues to 30/03/2020.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 30-03-2020
    
    Date: 30-03-2020
    Business: adjourned
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 15-04-2020
    
    Date: 15-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 22-04-2020
    
    Date: 22-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 02-06-2020
    
    Date: 02-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 19-06-2020
    
    Date: 19-06-2020
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 17-09-2020
    
    Date: 17-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 07-11-2020
    
    Date: 07-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 16-01-2021
    
    Date: 16-01-2021
    Business: None present.
    Matter stands Adj for Draft Issues to 10/03/2021.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 10-03-2021
    
    Date: 10-03-2021
    Business: Adv H. P. Pandey for plff present.
    He seeks time to file draft issues.  Granted.
    Matter stands Adj for Draft Issues to 03/05/2021.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 03-05-2021
    
    Date: 03-05-2021
    Business: Due to Covid-19
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 13-07-2021
    
    Date: 13-07-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 30-08-2021
    
    Date: 30-08-2021
    Business: Both parties and their Adv absent.
    Matter stands Adj for Draft Issues to 01/12/2021.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 01-12-2021
    
    Date: 01-12-2021
    Business: Adv Amit Patel for plff present.
    None for deft.
    Both parties are directed to file draft issues.
    Matter stands Adj for Draft Issues to 21/02/2022.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 21-02-2022
    
    Date: 21-02-2022
    Business: Adv Amit Patel for plff present.
    None for deft.
    Both parties are directed to file draft issues.
    Matter stands Adj for Draft Issues to 21/04/2022.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 21-04-2022
    
    Date: 21-04-2022
    Business: Adv Amin Patel for plff present.
    He seeks time to file draft issues.  Granted.
    None for deft.
    Matter stands Adj for Draft Issues to 30/07/2022.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 30-07-2022
    
    Date: 30-07-2022
    Business: Adv.  Amin Patel for plaintiff present.
    He seek time to file draft issue. Time granted.
    None for defendant.
    Parties are directed to give CTS number of suit property.
    Matter is adjd for draft issue to 18/10/2022.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 18-10-2022
    
    Date: 18-10-2022
    Business: Adv. Asis Singh for plaintiff present.
    Plaintiff present.
    He tendered draft issue. TOR.
    None for defendant present.
    Parties are directed to give CTS number of suit property.
    Matter is adjd for draft issue of defendant to 10/01/2023
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 10-01-2023
    
    Date: 10-01-2023
    Business: Adv.Amin Patel h/f Asit Singh for plaintiff present.
    None for defendant present.
    Matter adjourned for draft issue to 30/03/2023.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 30-03-2023
    
    Date: 30-03-2023
    Business: Adv. Asit Singh for plaintiff present.
    Plaintiff present.
    None for defendant.
    Defendant failed to file draft issue, hence suit to proceed further for framing issue.
    Matter adjourned to 20/07/2023 for framing issue.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 20-07-2023
    
    Date: 20-07-2023
    Business: P. O. is on Leave. Hence matter adjd.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 25-09-2023
    
    Date: 25-09-2023
    Business: Advocate Mr. Asit Singh for plaintiff present.
    Defendant and advocate are absent.
    Matter adjourned for framing issues on 08.11.2023.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 08-11-2023
    
    Date: 08-11-2023
    Business: Advocate Mr. Amin Patel for plaintiff present.
    Defendant and advocate absent.
    Matter adjourned for framing issues on 09.01.2024.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 09-01-2024
    
    Date: 09-01-2024
    Business: This court newly form on 02.01.2024
    Matter transferred from Cr. No.2
    Adv. Patel b/h Astis Singh for plaintiff present.
    None for defendant.
    This court is newly form.  Today defendant is absent and failed to file draft issues. Hence last chance given to defendant to file draft issues on next date.
    Matter adjourned for filing draft issues by defendant to 04-03-2024.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 04-03-2024
    
    Date: 04-03-2024
    Business: IN THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO. 61
    Adv. Amin Patel for plaintiff present.
    None for defendant. No draft issues tendered. Hence, last chance granted to defendant to tender draft issues on next date.
    Matter adjourned for filing draft issues to 10-06-2024.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 10-06-2024
    
    Date: 10-06-2024
    Business: IN THE COURT OF H.H.J. S. M. AGARKAR JUDGE CITY CIVIL COURT C.R. NO. 61
    Adv. Asit Singh for  plaintiff present.
    Defendant in person present and filed draft issues. t.o.r
    Matter adjourned for framing issues to 20-08-2024.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 20-08-2024
    
    Date: 20-08-2024
    Business: IN THE COURT OF H.H.J. R. D. DESHPANDE JUDGE CITY CIVIL COURT C.R. NO. 61
    Plaintiff is present. Her advocate is absent.
    None for defendant.
    Exh.5 - Issues are settled.
    The matter is adjourned for filing affidavit of evidence and documents by plaintiff to 14.10.2024.
    Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
    Next Hearing Date: 14-10-2024
    
    Date: 14-10-2024
    Business: IN THE COURT OF H.H.J. R. D. DESHPANDE JUDGE CITY CIVIL COURT C.R. NO. 61
    Plaintiff alongwith her Adv. Amin Patel is present and seeks time to file affidavit of evidence and documents.
    Defendant in person is present.
    Matter adjourned for filing affidavit of evidence and documents by plaintiff to 20-12-2024.
    Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
    Next Hearing Date: 20-12-2024
    
    Date: 20-12-2024
    Business: Plaintiff a/w her Adv. Amin Patel is present. She seeks time.
    Defendant a/w her Adv. Bilal Ahmad is present.
    Matter adjourned for filing affidavit of evidence and documents by plaintiff to 25.02.2025.
    Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
    Next Hearing Date: 25-02-2025
    
    Date: 25-02-2025
    Business: Plaintiff a/w his Adv. Amin Patel is present. He seeks time.
    Defendant is present. Her advocate is absent.
    Matter adjourned for filing affidavit of evidence and documents by plaintiff to 17.06.2025.
    Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
    Next Hearing Date: 17-06-2025
    
    Date: 17-06-2025
    Business: IN THE COURT OF H.H.J. A. C. DAGA JUDGE CITY CIVIL COURT AND ADDITIONAL SESSIONS JUDGE C.R. NO. 61
    Plaintiff along with her Adv. Amin Patel is present.
    Defendant along with her Adv. S. Khan is present.
    Matter is adjourned for filing Affidavit of Evidence and  Documents by plaintiff to 11.08.2025.
    Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
    Next Hearing Date: 11-08-2025
    
    Date: 11-08-2025
    Business: Adv. Asit Singh for plaintiff is present and filed affidavit of evidence. TOR. Marked as Exh-06. O- R and R.
    Oath is administrated to the witness. She stated on oath that the contents in evidence affidavit are true and correct as per information given by her to her counsel. It bears her sign. Hence the affidavit is verified, read and recorded and it will form part and parcel of this proceeding.
    He also filed documents a/w list. TOR. Marked as Exh-07. O- Other side to say.
    Copies of Exh-06 and 07 is served upon Adv. for defendants.
    Adv. S. Khan for defendant is present.
    Matter adjourned for filing say on Exh-07 to 01.10.2025.
    Next Purpose: FILING SAY
    Next Hearing Date: 01-10-2025
    
    Date: 01-10-2025
    Business: Plaintiff a/w Adv. Asit Singh is present.
    None for defendant.
    K.B.
    Later on at 12.36 p.m.
    Adv. S. Khan for defendant is present and filed say overleaf on Exh-07.
    Matter adjourned for hearing on Exh-07 to 26.11.2025.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 26-11-2025
    
    Date: 26-11-2025
    Business: IN THE COURT OF H.H.J. A. C. DAGA JUDGE CITY CIVIL COURT C.R. NO. 61
    Plaintiff is present.
    Defendant is present.
    K.B.
    Later on at 12.10 p.m.
    Plaintiff a/w Adv. Asit Singh is present and sought time to argue.
    Defendant is present.
    Matter adjourned for hearing on Exh-07 to 12.01.2026.
                                                                                       Judge
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 12-01-2026
    
    Date: 12-01-2026
    Business: Court is vacant.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 23-02-2026
    
    Date: 23-02-2026
    Business: IN THE COURT OF H.H.J. V. G. RAGHUWANSHI JUDGE CITY CIVIL COURT C.R. NO. 61
    PW-01 a/w Adv. Asit Singh for plaintiff is present.
    None for defendant.
    K.B.
    Later on at 11.58 a.m.
    Same appearance.
    Order as to Admissibility of documents -
    Perused documents filed with list Exh-07, affidavit of examination in chief. Heard Adv. Shri Asit Singh for plaintiff.
    Documents No.01 to 04 - These documents are admitted by defendant hence they are marked as Exh-08 to 11.
    Document No.05 - Plaintiff claims that this card of monthly maintanenance is issued by CHS. Plaintiff will have to examine the concerned for admission of this document in evidence. It is not exhibited at this stage.
    Document No.06 - Plaintiff was not party to this document. She will have to examine the person who executed this document. Hence it is not exhibited at this stage.
    Document No.7 - It is a complaint filed by Adv. of plaintiff. It is marked as Exh-12.
    Document No.08 - It is leave and license agreement between plaintiff and Suresh Sonawadekar. It is signed by plaintiff. She mentioned in para No.10 of her affidavit of examination in chief that she executed this document and its contents are true and correct. It is marked as Exh-13.
    Matter adjourned for cross-examination of PW-01 to 08.06.2026.
                                                                                     Judge
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 08-06-2026
    
    Date: 08-06-2026
    Business: IN THE COURT OF H.H.J. SHRI. R. V. BHAKTA JUDGE CITY CIVIL COURT C.R. NO. 61
    Plaintiff is present.
    None for defendant.
    K.B.
    Later on at 11.44 a.m.
    Plaintiff a/w Adv. Akash Singh i/b Adv. Asit Singh is present.
    Witness is present
    Defendant a/w Adv. Dawood Patel is present. He seeks time granted as last chance. He is specifically directed to conduct the cross on next date without failed otherwise no cross order will be passed.
    Matter adjourned for recording evidence to 03.09.2026.
                                                                                     Judge
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 03-09-2026
    
    Date: 03-09-2026
    Business: IN THE COURT OF H.H.J. SHRI. R. V. BHAKTA JUDGE CITY CIVIL COURT C.R. NO. 61
    PW-01 a/w Adv. Asit Singh is present.
    Defendant a/w Adv. S. Khan is present.
    PW-01 Khatun Rahemat Khan is on S. A.
    Cross examination by Adv. S. Khan for defendant.
    Adv. for defendant commenced and partly conducted the cross.
    Matter adjourned for further cross to 14.10.2026.
                                                                                     Judge
    Next Purpose: RECORDING EVIDENCE P.H.
    Next Hearing Date: 14-10-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 100288/2019
    Filing Date: 07-01-2019
    First Hearing Date: 30th January 2019
    Court Number And Judge: 61-COURT 61 ADDL  SESSIONS JUDGE

    Orders

    2
    Interim Order 1
    20 Aug 2024
    Order Details: Other
    Pdf Text: S. C. Suit No.92/2019 Issues Exh.5
    IN THE CITY CIVIL COURT FOR GREATER MUMBAI
    SHORT CAUSE SUIT NO.92 OF 2019
    Smt. Khatun Rehmat Khan … Plaintiff
    V/s.
    Mrs. Rukaiya Peer Moideen Shaikh … Defendant
    ISSUES
    1. Does the plaintiff prove that she is lawfully in use,
    occupation and possession of the suit premises?
    2. Does she further prove that the defendant is illegally
    obstructing her possession over the suit premises?
    3. Whether plaintiff is entitled for perpetual injunction as
    prayed?
    4. What order, decree and costs?
    S/d
    (R. D. Deshpande)
    Date : 20.08.2024 Judge, City Civil Court
    and Addl. Sessions Judge
    Gr. Mumbai.
    Court Room No.61
    -- 1 of 1 --
    Order 1
    20 Aug 2024
    Order Details: Other
    Pdf Text: S. C. Suit No.92/2019 Issues Exh.5
    IN THE CITY CIVIL COURT FOR GREATER MUMBAI
    SHORT CAUSE SUIT NO.92 OF 2019
    Smt. Khatun Rehmat Khan … Plaintiff
    V/s.
    Mrs. Rukaiya Peer Moideen Shaikh … Defendant
    ISSUES
    1. Does the plaintiff prove that she is lawfully in use,
    occupation and possession of the suit premises?
    2. Does she further prove that the defendant is illegally
    obstructing her possession over the suit premises?
    3. Whether plaintiff is entitled for perpetual injunction as
    prayed?
    4. What order, decree and costs?
    S/d
    (R. D. Deshpande)
    Date : 20.08.2024 Judge, City Civil Court
    and Addl. Sessions Judge
    Gr. Mumbai.
    Court Room No.61
    -- 1 of 1 --

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