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SUMMARY CIVIL SUIT - SUMMARY SUIT

Mr. Aslam Ahmed Husain ShaikhVsMr. Rahil H. Hashmani +4 more

CNR MHCC01000492201881-COURT 81 ADDL. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 17th January 2026

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
100305/2018
Registration Date
07 Mar 2018

Advocates

1

For Respondent

    Not available

    Parties

    6

    Acts & Sections

    1
    Bombay Tenancy and Agricultural Land (Vidarbha Region and Kutch Area) Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 02-05-2018
    Business: Adv for plaintiff present.
    Plaint.
    V/k.
    Address memo.
    List of documents.
    Adv for plaintiff filed application for extension of time to served writ of summons. O- Allowed.
    Matter is adj for report on 14/08/2018.
    Next Purpose: REPORT
    Next Hearing Date: 14-08-2018
    
    Date: 14-08-2018
    Business: None for Plaintiff.
    None for Defendant.
    Matter is adjd. to 12/12/2018 for Service.
    Next Purpose: SERVICE
    Next Hearing Date: 12-12-2018
    
    Date: 12-12-2018
    Business: None  for plaintiff present.
    Matter is Adjd for service 6/2/2019
    Next Purpose: SERVICE
    Next Hearing Date: 06-02-2019
    
    Date: 06-02-2019
    Business: Adv for plff.Ms.Shalin Sayyad present
    She requested for extension of time to serve summons
    O-Granted
    Matter is Adjd for Affidavit of Service on 30/03/2019
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 30-03-2019
    
    Date: 30-03-2019
    Business: Matter transferred from Cr. no.09.
    Adv. Jigar Agarwal Present for the Plff.
    None Present for the Deft.
    R and P not received from Cr.no.09.
    Ld counsel for the plff filed application for extension for time for service.t.o.r.
    Order- Heard. Allowed for proper service. Service affidavit be filed.
    Adj. For Service affidavit on 26/07/2019.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 26-07-2019
    
    Date: 26-07-2019
    Business: Adv. Sahin sayyad  for plaintiff present she seeks time .
    None for defendant.
    Matter adjd for service to 22.08.2019.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 22-08-2019
    
    Date: 22-08-2019
    Business: None present.
    Matter adjd for Affidavit of service to 18.10.2019.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 18-10-2019
    
    Date: 18-10-2019
    Business: Adv.Ms.Sahin Sayyad for plaintiff present she seeks adjournment for filing affidavit of service of defendant NO.3 and 4. O-granted.
    Adv.Hiral Bhatiya for defendant No.1 and 2 present.
    Matter adj for affidavit of service to 02.12.2019.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 02-12-2019
    
    Date: 02-12-2019
    Business: P. O. is on training. Hence board is discharged.
    Matter adj to 05/02/2020 for Affidavit of Service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 05-02-2020
    
    Date: 05-02-2020
    Business: Plaintiff absent.
    Defendant absent.
    Adv. Pallavi Gaikwad for plff. Present.
    Adv. For deft. Absent.
    Matter is adjd to 19.03.2020 for affidavit of service
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 19-03-2020
    
    Date: 19-03-2020
    Business: As per Corona Virus Circular dated on 16.03.2020.
    Hence matter is adjd to 09.07.2020 for  Affidavit of Services
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 09-07-2020
    
    Date: 09-07-2020
    Business: Due to covid-19 lock down
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 02-09-2020
    
    Date: 02-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 05-11-2020
    
    Date: 05-11-2020
    Business: Due to Covid-19 Pandemic none appeared.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 14-01-2021
    
    Date: 14-01-2021
    Business: Both the parties and his advocate are absent.
    Matter is adjd to 22.03.2021 for Affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 22-03-2021
    
    Date: 22-03-2021
    Business: Both the parties and their advocate are absent.
    L.O. At. 11.50 a.m.
    Adv. Sahin Sayyad for the plff present.
    Matter is adjd to 21.06.2021 for Affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 21-06-2021
    
    Date: 21-06-2021
    Business: Both the parties and their advocates are absent.
    Hence, delay the matter.
    Matter is adjd to 31.07.2021 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 31-07-2021
    
    Date: 31-07-2021
    Business: Both the parties and their advocates are absent.
    Due to Covid-19 pandemic.
    Matter is adjd to 11.10.2021 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 11-10-2021
    
    Date: 11-10-2021
    Business: Court is vacant
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 08-12-2021
    
    Date: 08-12-2021
    Business: Adv  Shahin Sayed for plaintiff present.
    None for defendant.
    Matter is adjd to 17.01.2022 for affidavit service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 17-01-2022
    
    Date: 17-01-2022
    Business: None present.
    Matter is adjd for affidavit of service to 10.03.2022.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 10-03-2022
    
    Date: 10-03-2022
    Business: As PO is on training.  Hence, matter adj. to
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 18-06-2022
    
    Date: 18-06-2022
    Business: None for plaintiff.
    None for defendant.
    Record reveals that since more than last 5 years, plaintiff failed to served the writ of summons on deft no. 3 and 4. as such plaintiff does not seem to be serious to proceed in the matter. More than ampal opportunities are already granted to served deft. no. 3 and 4. hence as a last chance, matter adjourned to 11.07.2022 for dismissal order.
    Next Purpose: DISMISSAL
    Next Hearing Date: 11-07-2022
    
    Date: 11-07-2022
    Business: None for Plaintiff.
    Matter is placed on board for dismissal Order.
    KB
    Later on :- at 01.35 p.m.
    Adv. Ms. Shain Sayyed for Plaintiff present and seeks short time to take steps in the matter.  In view of her submissions time granted as a last chance.
    Matter adjourned to 02/08/2022 for Steps/Dismissal.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 02-08-2022
    
    Date: 02-08-2022
    Business: Adv. Pallavi Gaikwad for Plaintiff present, and seeks extension of time to serve the writ of summons to the defendant.  As per her request time is granted.
    None for Defendant.
    Matter adjourned to 12.10.2022 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 12-10-2022
    
    Date: 12-10-2022
    Business: Court is on leave
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 12-12-2022
    
    Date: 12-12-2022
    Business: As Court is busy in dictating judgment in Suit No.3365/2012, hence remaining first session board is discharged. Matter is adj to 18/02/2023 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 18-02-2023
    
    Date: 18-02-2023
    Business: Adv.Pallavi Gaikwad for plaintiff present.  She seeks last chance to take steps.
    Though the matter is filed in the year 2018, till date plaintiff failed to serve writ of summons on defendants.  It appears that plaintiff has not taken diligently.  Still as a last chance in the interest of justice, time granted.
    Matter is adj to 03/04/2023 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 03-04-2023
    
    Date: 03-04-2023
    Business: None for plainitff dispite repeated opportunities plaintiff filed to serve defendant. Hence, list the matter for dismissal order on 17.06.2023.
    Next Purpose: DISMISSAL
    Next Hearing Date: 17-06-2023
    
    Date: 17-06-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Adv. Shahin K. Sayed h/f Adv. S. K. Pise for plaintiff present and she filed application for extension of time to serve the fresh writ of summons on defendant No. 3 to 5. It is marked as Exh-9. O-It is found that though more than five year have been elapsed, suit summons have not been yet served on defendant No. 3 to 5. The plaintiff is not appearing making progress by taking steps in the suit. Today, the plaintiff has moved the application for issuing fresh writ of summons. Application is allowed in the interest of justice, but subject to costs of Rs. 500/- payable to the DLSA within two weeks. After depositing the costs, issue fresh writ of summons to defendant No. 3 to 5.
    Matter is adj to 18.09.2023 for filing service affidavit.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 18-09-2023
    
    Date: 18-09-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Adv. Pallavi Gaikwad for plaintiff present and filed affidavit of service in respect of defendants No.3 to 5. TOR. It is marked as Exh-10.  Defendants No. 3 to 5 are not served.
    Ld. counsel for plaintiff submits that the plaintiff wants to take steps for serving summons by way of substituting service.
    Matter is adj to 30.10.2023 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 30-10-2023
    
    Date: 30-10-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Adv. Shahin K. Sayed i/b Adv. S. K. Pise for plaintiff is present and requested for adjournment with the submission that the plaintiff wants to take steps for serving writ of summons by way of substitute service.  Adjournment is granted, subject to costs of Rs.1,000/- payable to DLSA within 10 days.
    Matter is adj to 29.01.2024 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 29-01-2024
    
    Date: 29-01-2024
    Business: P.O. is on leave
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 22-03-2024
    
    Date: 22-03-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    The plaintiff and his advocate are absent.
    The matter is very old. Matter is kept for steps since long. The plaintiff failed to take the steps. Hence, matter kept for dismissal order.
    Matter is adj to 04.05.2024 for dismissal order.
    Next Purpose: DISMISSAL
    Next Hearing Date: 04-05-2024
    
    Date: 04-05-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Mitan B. Shah for plaintiff is present.
    Keep back.
    Later on at 12.58 pm
    Adv. Pallavi Gaikwad for plaintiff is present and filed an application for removal of caption dismissal with prayer to serve summons by way of substitute service. Taken on record. It is marked as Exhibit. O-Caption dismissal is removed.
    Matter is adj to 15.07.2024 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 15-07-2024
    
    Date: 15-07-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Pallavi Gaikwad for plaintiff is present and requested for adjournment. Adjournment is granted.
    Matter is adj to 21.08.2024 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 21-08-2024
    
    Date: 21-08-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Both parties and their advocate are absent.
    The plaintiff is given last chance to take the steps. Matter is very old. If plaintiff fails to take the steps, matter will be listed for dismissal order. Matter is adj to 25.09.2024 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 25-09-2024
    
    Date: 25-09-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    The plaintiff and his advocate are absent.
    Matter is old. The plaintiff was given last chance to take the steps. The plaintiff failed to take the steps. Hence, matter be kept for dismissal order.
    Matter is adj to 19.10.2024 for dismissal order.
    Later on at 12.40 pm
    Adv. Pallavi Gaikwad for plaintiff is present.
    Matter is adj to 19.10.2024 for dismissal order.
    Next Purpose: DISMISSAL
    Next Hearing Date: 19-10-2024
    
    Date: 19-10-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Pallavi S. Gaikwad for plaintiff is present and filed pursis to refer matter to the lokadalat. Taken on record. It is marked as Exh-12. O-filed. Matter is referred to Lokadalat.
    Matter is adj to 14.12.2024 for Lokadalat.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 14-12-2024
    
    Date: 14-12-2024
    Business: Matter pertaining to C.R. No.81
    Both parties and their advocate are absent.
    Matter adjd to 22-01-2025.
    Next Purpose: FOR___________________
    Next Hearing Date: 22-01-2025
    
    Date: 22-01-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    The plaintiff and his advocate are absent.
    Defendants No.1 and 2 and their counsel are absent.
    The plaintiff is given last chance to take steps against defendants No.3 to 5.
    Matter is adj to 21.02.2025 for taking steps against defendants No.3 to 5.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 21-02-2025
    
    Date: 21-02-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Both parties and their advocate are absent.
    Plaintiff was given last chance to take the steps against defendant No.3 to 5. Plaintiff failed to take steps. Hence, matter be kept for dismissal order against defendant No.3 to 5
    Matter is adj to 29.03.2025 for dismissal order against defendant No.3 to 5.
    Next Purpose: DISMISSAL
    Next Hearing Date: 29-03-2025
    
    Date: 29-03-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Both parties and their advocate are absent.
    Order below Exh-1
    Plaintiff failed to take steps against defendants No.3 to 5 to serve writ of summons since 17.06.2023. Matter is very old.  Hence, suit is dismissed against defendant No.3 to 5
    Matter is adj to 02.05.2025 for taking steps by plaintiff.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 02-05-2025
    
    Date: 02-05-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Remaining board is discharged. Parties are liberty to file applications, SJ, NM, reply, and CS, if any.
    Matter is adj to 09.07.2025 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 09-07-2025
    
    Date: 09-07-2025
    Business: P.O.IS LEAVE
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 25-08-2025
    
    Date: 25-08-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    The plaintiff and his advocate are absent.
    Matter is adj to 23.09.2025 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 23-09-2025
    
    Date: 23-09-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    The plaintiff and his advocate are absent.
    Plaintiff is given last chance to take the steps.
    Matter is adj to 27.10.2025 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 27-10-2025
    
    Date: 27-10-2025
    Business: P. O. is on leave.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 10-12-2025
    
    Date: 10-12-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Both parties and their advocate are absent.
    Plaintiff was given last chance to take the steps. Plaintiff failed to take the steps. Hence, matter is kept for dismissal order.
    Matter is adj to 17.01.2026 for dismissal order.
    Next Purpose: DISMISSAL
    Next Hearing Date: 17-01-2026
    
    Date: 17-01-2026
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    The plaintiff and his advocate are absent.
    Order below Exh-1
    The plaintiff and his advocate are absent. On perusing record, it appears that suit is filed on 11.01.2018. Defendants No. 1 and 2 appeared in the matter on 16.10.2019.  The matter was adjourned for taking steps against defendants No. 3 to 5  and to file affidavit of service. As plaintiff failed to serve to defendants No.3 to 5, Therefore, suit is dismissed against them vide order dated 29.03.2025. Thereafter, matter was adjourned for taking steps by the plaintiff. The plaintiff was supposed to file Summons for judgment against defendant no. 1 and 2, however, since 02.05.2025 till today plaintiff failed to file Summons for judgment against defendant No. 1 and 2. The matter is very old that is of 2018. Plaintiff was given last chance to take steps.   The plaintiff failed to take the steps. It appears that plaintiff is not interested in conducting the matter.  Therefore, no purpose will serve by keeping the matter pending. Hence, I proceed to pass following order-
    Order
           Summary Suit No.305/2018 is hereby dismissed in default.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 17-01-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 100551/2018
    Filing Date: 11-01-2018
    First Hearing Date: 02nd May 2018
    Decision Date: 17th January 2026
    Court Number And Judge: 81-COURT 81 ADDL. SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    17 Jan 2026

    Order Details: Other Pdf Text: 15 17/01/2026 SUM 305/18 CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81) The plaintiff and his advocate are absent. Order below Exh-1 The plaintiff and his advocate are absent. On perusing record, it appears that suit is filed on 11.01.2018. Defendants No. 1 and 2 appeared in the matter on 16.10.2019. The matter was adjourned for taking steps against defendants No. 3 to 5 and to file affidavit of service. As plaintiff failed to…

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