Skip to main content
SUIT - SHORT CAUSE CIVIL SUIT

H.Akhtar Ali s/o.Abdul Ghani +29 moreVsMoosa Madan Khan +10 more

CNR MHCC0100050420189-COURT 09 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 18th March 2023

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
100722/2018
Registration Date
13 Mar 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    41

    Petitioner

    1. 1H.Akhtar Ali s/o.Abdul Ghani
    2. 2H. Mohd. Ahmad S/o. H. Mohd. Ali
    3. 3Mustaqim Ahmad S/o.Sukkhan
    4. 4H.Asgar Ali S/o.H.Akbar Ali
    5. 5H.Rafiq Ali S/o.H.Shafi Ahmad
    6. 6Akhtar Ali S/o.H.Akbar Ali
    7. 7Intezar Ali S/o.H.Abdul Ghafoor
    8. 8H.Jalees Ahmad S/o.H.Akbar Ali
    9. 9H.Nafees Ahmed S/o.H.Akbar Ali
    10. 10H.Rais Ahmad S/o.H.Annes Ahmad
    11. 11H.Fazley Ahmad S/o.Ali Ahmad
    12. 12H.Nafees Ahmad S/oH.Anees Ahmad
    13. 13H.Mohd.Haneef S/o.H.Jalees Ahmed
    14. 14Mohd.Raza S/o.Mohd. Jaan
    15. 15Mohd.Ahmad S/o.Mohd.Jaan
    16. 16Mohd.Yusuf S/o.H.Mohd.Umar
    17. 17H.Rais Ahmad S/o.H.Rasheed Ahmad
    18. 18Firasat Ali S/o.Mohd.Yasin
    19. 19H.Amanat Ali S/o.Mohd.Shafi Ahmad
    20. 20H.Afroz S/o.H.Khalil Ahmad
    21. 21H.Abdul Nabi S/o.Mohd.Nabi
    22. 22Mohd.Yaqoob S/o.Abbads Ali
    23. 23H.Metloob Hussain
    24. 24Shanawwar Ali S/o. Tabaral Ali
    25. 25Sagheer Ahmad S/o.Khuda Baksh
    26. 26Nafees Ahmad S/o.Shafi Ahmad
    27. 27Mohd.Shahid S/o.Abdul Hameed
    28. 28Gulsher Ahmad S/o.Eedu
    29. 29H.Ishaq S/o.Ibrahim
    30. 30Mr.Mohd.Haroon S/o.Ashgar Ali

    Respondent

    1. 1Moosa Madan Khan
    2. 2Mohd.Salim Saeed Bhopali
    3. 3Shaikh Shaban Khan
    4. 4Haj Committee Mazdoor Welfare Society
    5. 5Haj Committee
    6. 6Salim Dole
    7. 7Shaikh Yunus Haji Abdul Jabbar
    8. 8Salim Haji Adam Patel
    9. 9Rubina Akhtar Hasan Rizvi
    10. 10Custodian of Every property of India
    11. 11The Charity Commissioner

    Acts & Sections

    1
    Bombay Tenancy and Agricultural Land (Vidarbha Region and Kutch Area) Act · Sec 151

    Case History / Proceedings

    Case History
    Date: 03-04-2018
Business: Adv. S.R. Gupta for plaintiff present and undertakes to file affidavit of service in respect of the served defendants.
D-1 in person present.
Time extended for serving the other defendants.
Matter adj. for Affidavit of Service to 27.07.2018.
Later on
Adv. Ganesh Dalvi for D-1 to 3 present and filed VP on behalf of D-1 to 3.
Adv. Mule for D-6 present and filed VP on behalf of D-6.
Matter adj. for Affidavit of Service to 27.07.2018.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-07-2018

Date: 27-07-2018
Business: Adv. Gupta for pltff present and tendered registered Ch/S 889/18. TOR.
None for Defendant.
  Adv. for pltff undertakes to file affidavit of service of Ch/S by next date.
Adjourned for affidavit of service of Ch/S on 06.10.18.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 06-10-2018

Date: 06-10-2018
Business: Adv. Ms. Neelam Gupta for plaintiff present and filed
Adv. Singh  for D-6 present.
Adv. Dhuri for D-1 to 3
Adv. Bhosale for Charity Commissioner present.
In this suit, D-10 and 11 are Government authorities. Hence office is directed to obtain appropriate orders from Hon\''ble Principle Judge for re-assignment of the suit.
As per the affidavit of service filed by plaintiff, D-4,5,9 and 12 are not served. The original envelopes show that they are returned with the remark \''unknown\''. These envelopes are returned to the Ld. Counsel for plaintiff.  She undertakes to take appropriate steps to serve the unserved defendants.
Matter adj. for Compliance and Affidavit of Service to 28.01.2018.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 28-01-2019

Date: 28-01-2019
Business: Adv. Neelam Gupta for plaintiff present.
Plaintiff no.3 and 11 present.
On request of advocate for plaintiff and as court is busy in dictating judgment in SC suit no.2801/08 and hearing further final argument in S.C.89/12 in which accused are under-trial prisoners, board is discharged and this suit is adjd. to 15.02.2019 at same stage.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 15-02-2019

Date: 15-02-2019
Business: Adv. Gupta for plaintiff present and tendered registered NM 566/19 alongwith affidavit in support.
Adv. Trisha Singh for defendant no.6 present and seeks time to file reply in NM.
Advocate for plaintiff seeks time to file affidavit of service on other defendants . O-Granted.
Hence, by consent adjd. for NM reply to 11.03.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-03-2019

Date: 11-03-2019
Business: Court  is on leave
Reason For Adjournment: court time is over
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-04-2019

Date: 04-04-2019
Business: None present for plaintiff.
Adv. Balsubramaniam for defendant no.6 present and seeks time to file reply to NM 566/19.
O- Granted till next date as nobody is present for plaintiff today.
Adjourned for NM reply to 04.06.2019.
                                                                    Judge
LO
Adv. Neelam Gupta for plaintiff present and filed affidavit of service.
Suit is already adjourned to 04.06.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-06-2019

Date: 04-06-2019
Business: Adv. Neelam Gupta for the Plaintiff present.
None present  for the Defendant.
Adv for the Plaintiff seeks adjournment for tendering registered N/M. Granted as a last chance.
Matter is adjd. to 19.08.2019 for compliance by the Plaintiff/ Plaintiff to explain status of all the Defendant.
Next Purpose: COMPLIANCE
Next Hearing Date: 19-08-2019

Date: 19-08-2019
Business: Adjd
Next Purpose: COMPLIANCE
Next Hearing Date: 11-11-2019

Date: 11-11-2019
Business: Adv.S.R,Gupta for plaintiff present, he tendered original Ch/s/s  1504/19 along with affidavit of service.
Adv. Satish Mule for defendant No.6 present.
Adv. Aditi Rajput for defendant No 7 and 8 present. copy of Ch/s/s received by defendant NO. 7 and 8.
Matter adj for filing affidavit of service by other defendants 19.12.2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 19-12-2019

Date: 19-12-2019
Business: Adv. Shalini Acharya  for Plaintiff is present. She seeks time for tendering affidavit of service. O- Granted
Plaintiff No.2 is present
None present from defendants.
Matter is adjd. for affidavit of service  to 17.02.2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-02-2020

Date: 17-02-2020
Business: Adv. Neelam Gupta for plaintiff is present. On her request matter is KB for filing affidavit of service.
Kb
L.O.at  05.25  pm
Adv. Neelam Gupta for plaintiff is present. She filed affidavit of service a/w RPAD packets TOR. She seeks time for filing another affidavit of service. O granted.
Matter is adjd. for affidavit of service to 16/04/2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-03-2020

Date: 04-03-2020
Business: Mentioned by preciepe.
Adv. Ms. Neelam Gupta for Plaintiff present.
Matter is fixed today for filing affidavit of service. Ld adv for the
Plaintiff submits that some of the defts are duly served and service
affidavits are filed on record. Two Ch/s  and one N/M filed
on record. The Defendant no. 5 and 10 are remained to serve with
writ of summons and Defendant no. 4 and 9 are to be served for
N/M and Defendant no. 4, 5 and 9 are to be served for two Ch/s.
Time is extended to serve unserved defts and date is allowed to be
corrected accordingly.
Already matter is adjd. to 16.04.2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-04-2020

Date: 16-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 05-05-2020

Date: 05-05-2020
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-05-2020

Date: 27-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 12-06-2020

Date: 12-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 23-10-2020

Date: 23-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-02-2021

Date: 16-02-2021
Business: None present.
Last chance is granted for filing service affidavit.
Matter is adjd. to 20/04/2021 for service of affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-04-2021

Date: 20-04-2021
Business: Due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 14-07-2021

Date: 14-07-2021
Business: Due to COVID-19 pandemic.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-09-2021

Date: 08-09-2021
Business: Court is on leave.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 01-12-2021

Date: 01-12-2021
Business: Adv Mr.Gupta present for the plaintiff.
None present for the defendant.
Matter is adjd. to  21.02.2022 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 21-02-2022

Date: 21-02-2022
Business: None present for the parties.
Matter is adjd. to 06.05.2022 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 06-05-2022

Date: 06-05-2022
Business: Adv. Nilam Gupta for plaintiff present and files registered Ch/s 889/2018 along affidavit in support thereof. She also files registered N/m 566/19 along affidavit in support thereof TOR. She also files registered Ch/s 1504/19 along affidavit in support thereof  TOR.
She prays for time for filing service affidavit. Time is granted.
Matter is adjd. to 08-07-2022 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-07-2022

Date: 08-07-2022
Business: Adv. Nilam Gupta for plaintiff present and seeking time for filing service affidavit.-O-time granted.
None present for defendant.
Matter is adjd. to 19-08-2022 for service.
Next Purpose: SERVICE
Next Hearing Date: 19-08-2022

Date: 19-08-2022
Business: Adv. Nilam Gupta for plaintiff present and seeking adj. as she is going to withdraw suit.  Time is granted.
None present for defendant.
Matter is adjd. to 28.09.2022 for service.
Next Purpose: SERVICE
Next Hearing Date: 28-09-2022

Date: 28-09-2022
Business: court is on leave
Next Purpose: SERVICE
Next Hearing Date: 01-12-2022

Date: 01-12-2022
Business: Adv. H.S. Gupta h/f Adv. S.R. Gupta for plaintiff present and submitted that he is going to file withdrawal application on next date.
None present for defendant.
Matter is adjd. to 22.12.2022 for withdrawal.
Next Purpose: WITHDRAWAL
Next Hearing Date: 22-12-2022

Date: 22-12-2022
Business: Court is on leave. Hence board is discharged.
Next Purpose: WITHDRAWAL
Next Hearing Date: 27-01-2023

Date: 27-01-2023
Business: None present for the parties.
Perusing record, it appears that Advocate for plaintiff submitted that he is going to withdraw the suit. But since 19.08.2022 withdrawal application not filed by the plaintiff. It appears that plaintiff does not want to proceed with this suit. Hence, kept this matter for dismissal order.
Matter is adjourned to 04.03.2023 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 04-03-2023

Date: 04-03-2023
Business: None present for the parties.
Matter is adjourned to 18.03.2023 for Dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 18-03-2023

Date: 18-03-2023
Business: None present for the parties.
Perusing record, it appears that the plaintiff not filed affidavit of service of the defendant and she submitted on 01.12.2022 that the plaintiff is going to withdraw the suit and she will file withdrawal application on next date and matter was fixed for 22.12.2022. But Therafter the plaintiff not present and file withdrawal application. Therefore the suit was kept for dismissal order on 04.03.2023. On that day also plaintiff was absent. Today also plaintiff is absent. Hence, It appears that plaintiff does not want to proceed with the suit. Hence, plaintiff suit is hereby dismissed for want of compliance. In view of suit is dismissed the Notice of Motion No. 566/19, CS Nos. 1504/19, 889/2018 are also hereby dismissed.
Nature Of Disposal: DISMISSED
Disposal Date: 18-03-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 100572/2018
Filing Date: 11-01-2018
First Hearing Date: 03rd April 2018
Decision Date: 18th March 2023
Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    18 Mar 2023
    Order Details: Other
Pdf Text: None present for the parties. Perusing record, it appears that the plaintiff not filed
affidavit of service of the defendant and she submitted on 01.12.2022 that the
plaintiff is going to withdraw the suit and she will file withdrawal application on
next date and matter was fixed for 22.12.2022. But Thereafter the plaintiff not
present and file withdrawal application. Therefore the suit was kept for dismissal
order on 04.03.2023. On that day also plaintiff was absent. Today also plaintiff is
absent. Hence, It appears that plaintiff does not want to proceed with the suit.
Hence, plaintiff suit is hereby dismissed for want of compliance. In view of suit is
dismissed the Notice of Motion No. 566/19, CS Nos. 1504/19, 889/2018 are also
hereby dismissed.
-- 1 of 1 --

    TrustJury presents public court-record information for legal discovery and reference. Record availability and detail can vary by source and case.