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SUIT - SHORT CAUSE CIVIL SUIT

Ashfiya Khatoon Israr Ahmed MalikVsMustaque Maqbool Malik +1 more

CNR MHCC01000631201861-COURT 61 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 02nd September 2025

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
100431/2018
Registration Date
13 Feb 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Petitioner

    1. 1Ashfiya Khatoon Israr Ahmed Malik

    Respondent

    1. 1Mustaque Maqbool Malik
    2. 2Ishiyaque Maqbool Malik

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 14-02-2018
Business: By preceipe
Adv. Hasan Khan for plff. present.
Adv. Shrinivas Singh for D/1 and 2 present.
Exh.2 V/P filed by adv. for D/1 and 2.
Adv. for plff. tendered registered N/M No.601/18 alongwith supporting affd. t.o.r.
Adv. for defts. tendered reply to N/M No.601/18.
Copy of reply is given to the plff.
Adv. for defts. tendered draft N/M alongwith supporting affd. t.o.r.
Leave granted. N/M be registered.
Heard adv. for plff. and deft.
Matter is adjd. to 26.02.2018 for order on ad-interim relief / reply to N/M.
Next Purpose: AD-INTERIM ORDER
Next Hearing Date: 26-02-2018

Date: 26-02-2018
Business: Plff. and his adv. absent.
Defts. and their adv. absent.
Kb
Deft.no.1 present.
Same appearance.
Adv. Shamim Baig for plff. present.
Matter is adjd. to 01.03.2018 for Order on N/M No. 601/18/Reply to N/M.
Next Purpose: NM  ORDERS
Next Hearing Date: 01-03-2018

Date: 01-03-2018
Business: Adv. for the plff. present.
Adv. for the deft. present.
F.R.S.R. following order is passed in N/M No. 601/18
1. N/M No. 601/18 is dismissed.
2. Accordingly disposed of.
Matter is adjd. to 25.04.2018 for Reply to N/M.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-04-2018

Date: 25-04-2018
Business: Adv. for plff. present.
Adv. for D/1 and 2 present.
The adv. for D/1 and 2 submitted that he is not pressing the N/M. Hence, the N/M is disposed of.
Matter is adjd. to 27.08.2018 for no W/S order.
Next Purpose: ORDER
Next Hearing Date: 27-08-2018

Date: 27-08-2018
Business: Plff. and his adv. absent.
Adv. for defts. present.
KB L.O.
Plff. present.
Adv. for defts. present.
Exh.3 W/S of D/1 and 2 filed adv. for defts. t.o.r.
Copy of W/S is served to plff.
Matter is adjd. to 12.12.2018 for filing original documents by both parties.
Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
Next Hearing Date: 12-12-2018

Date: 12-12-2018
Business: plff. and his adv. absent.
Adv. for deft. present.
On request of Adv. for deft. Matter is adjd. to. 15.03.2019 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 15-03-2019

Date: 15-03-2019
Business: Adv. Hasan Khan for plff. present.
Adv. for deft. present.
It appears that the parties are related to each other, the parties are directed to submit on next date whether the matter can be referred for mediation.
On request of Adv. for plff. Matter is adjd. to. 05.04.2019 for referring the matter for mediation and for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 05-04-2019

Date: 05-04-2019
Business: plff. and his adv. absent.
Adv. for deft. present.
As court is busy in argument in old Suit No.8514/92 and other old matters, this Matter is adjd. to.11.07.2019 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 11-07-2019

Date: 11-07-2019
Business: Adv. Khan for plff present.
Adv. Singh for deft present.
On request of Adv. for plaintiff keep the matter for draft issue.
Matter is adjd. to. 28/08/2019 for Framing Issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 28-08-2019

Date: 28-08-2019
Business: Court is vacant, hence board is discharge.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 24-09-2019

Date: 24-09-2019
Business: Court is vacant, hence board is discharge.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 27-11-2019

Date: 27-11-2019
Business: Since Court is busy in arguments in old Su No.5804/05 and Recording Evidence in 6012/07. Hence board is discharged.
Adjd for Framing Issues to 23.01.2020.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 23-01-2020

Date: 23-01-2020
Business: Plaintiff present, her adv. absent.
Adv. Richa Singh for both defendants present.
Court busy in other matters. Hence, adjourned.
Adjd to 20-03-2020   for  framing issues..
Next Purpose: FRAMING ISSUES
Next Hearing Date: 20-03-2020

Date: 20-03-2020
Business: Matter transferred from C. R. No. 04 as per office order 61/2020.
None present.
Matter stands Adj for Framing Issues to 11.06.2020
Next Purpose: FRAMING ISSUES
Next Hearing Date: 11-06-2020

Date: 11-06-2020
Next Purpose: FRAMING ISSUES
Next Hearing Date: 13-08-2020

Date: 13-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FRAMING ISSUES
Next Hearing Date: 17-10-2020

Date: 17-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FRAMING ISSUES
Next Hearing Date: 16-12-2020

Date: 16-12-2020
Business: None present.
Matter stands Adj for Issues to 20.02.2021.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 20-02-2021

Date: 20-02-2021
Business: Both parties and their adv are absent.
Matter stands Adj for Framing Issues to 06.04.2021
Next Purpose: FRAMING ISSUES
Next Hearing Date: 06-04-2021

Date: 06-04-2021
Business: HHJ is on leave today
Next Purpose: FRAMING ISSUES
Next Hearing Date: 29-06-2021

Date: 29-06-2021
Business: Due to Covid-19
Next Purpose: FRAMING ISSUES
Next Hearing Date: 11-08-2021

Date: 11-08-2021
Business: None for plff.
Adv Richa Singh for deft present.
Matter stands Adj for Draft Issues to 25/10/2021.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 25-10-2021

Date: 25-10-2021
Business: None for plff.
Adv Shriniwas Singh for deft no. 1 and 2 present.
Both parties are directed to file draft issues on next date.
Matter stands Adj for Draft Issues to 19/01/2022.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 19-01-2022

Date: 19-01-2022
Business: Due to Covid-19 matter is adjd to
Next Purpose: DRAFT ISSUES
Next Hearing Date: 30-03-2022

Date: 30-03-2022
Business: Both parties and their Adv absent.
Matter stands Adj for Draft Issues to 02/07/2022.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 02-07-2022

Date: 02-07-2022
Business: P.O. IS ON LEAVE, MATTER IS ADJD TO
Next Purpose: DRAFT ISSUES
Next Hearing Date: 17-09-2022

Date: 17-09-2022
Business: Both parties and their advocate are absent.
Parties are directed to give CTS number of suit property.
Matter is adjd for draft issue to 02/11/2022.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 02-11-2022

Date: 02-11-2022
Business: Both parties and their advocate are absent.
Draft issue not filed.
Parties are directed to give CTS number of suit property.
Matter is adjd for draft issue to 07/01/2023.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 07-01-2023

Date: 07-01-2023
Business: Both parties and their advocate are absent.
Draft issue not filed.
Matter adjourned for draft issue to 03/04/2023.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 03-04-2023

Date: 03-04-2023
Business: None for plaintiff present.
Adv. Rich Singh for defendant present.
She filed draft issue. TOR.
Matter adjourned for framing issue to 27/07/2023.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 27-07-2023

Date: 27-07-2023
Business: Both parties and advocate absent.
Matter adjourned for framing issues on 15.09.2023.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 15-09-2023

Date: 15-09-2023
Business: Both parties and advocate absent.
Matter adjourned for framing issues on 02.11.2023.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 02-11-2023

Date: 02-11-2023
Business: Plaintiff and advocate absent.
Advocate Mr. Ritesh Singh h.f Advocate Srinivas Singh for defendant present.
Matter adjourned for framing issues on 12.01.2024.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 12-01-2024

Date: 12-01-2024
Business: This court is newly formed on 02.01.2024.
Matter transferred from CR NO.2.
None for plaintiff.
None for defendant.
Plaintiff has not filed draft issues since long.
Exh.04 The court framed the issues.
Matter adjourned for filing list of witness/ document/evidence  to 27-02-2024
Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
Next Hearing Date: 27-02-2024

Date: 27-02-2024
Business: Court is on leave
Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
Next Hearing Date: 16-04-2024

Date: 16-04-2024
Business: IN THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO. 61
None for  plaintiff.
Adv Richa Singh i/b Adv. S.C. Singh for defendant present.
Matter adjourned for filing affidavit of evidence  to 06-07-2024.
Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
Next Hearing Date: 06-07-2024

Date: 06-07-2024
Business: Court is vacant
Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
Next Hearing Date: 07-08-2024

Date: 07-08-2024
Business: IN THE COURT OF H.H.J. R. D. DESHPANDE JUDGE CITY CIVIL COURT C.R. NO. 61
None for  plaintiff.
Adv. Vijaykumar Kamble h/f Adv. S. C. Singh for defendants is present.
Matter is adjourned for filing evidence affidavit and documents by plaintiff to 10-10-2024.
Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
Next Hearing Date: 10-10-2024

Date: 10-10-2024
Business: IN THE COURT OF H.H.J. R. D. DESHPANDE JUDGE CITY CIVIL COURT C.R. NO. 61
None for plaintiff.
Adv. Ritesh Singh i/b S. C. Singh for all defendants is present.
Matter adjourned for filing affidavit of evidence and documents by plaintiff to 16-01-2025.
Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
Next Hearing Date: 18-01-2025

Date: 18-01-2025
Business: None for plaintiff.
Adv. Ritesh Singh h/f Adv. S. C. Singh for all defendants is present.
Matter adjourned for filing affidavit of evidence and documents  by plaintiff as a last chance to 28.04.2025.
Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
Next Hearing Date: 20-03-2025

Date: 20-03-2025
Business: None for plaintiff.
Defendant No.2 a/w his Adv. Shriniwas Singh is present.
Matter adjourned for filing affidavit of evidence and documents by plaintiff as a last chance to 20.06.2025.
Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
Next Hearing Date: 20-06-2025

Date: 20-06-2025
Business: PO is on leave.
Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
Next Hearing Date: 12-08-2025

Date: 12-08-2025
Business: None for plaintiff.
Plaintiff has not filed affidavit of evidence and documents.
Adv. Richa Singh for defendant No.2 is present.
Matter adjourned for dismissal to 02.09.2025.
Next Purpose: DISMISSAL
Next Hearing Date: 02-09-2025

Date: 02-09-2025
Business: None for plaintiff.
None for defendant.
K.B.
Later on at 11.54 a.m.
Adv. Ritesh Singh for defendant No.2 is present.
K.B.
Later on at 2.45 p.m.
Plaintiff is absent. Evidence has not been lead.
It appears that plaintiff is not interested in proceeding further with this suit. As such Suit No.431/2018 is dismissed in default. No orders as to costs. R and P be sent to Record Department.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 02-09-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 100744/2018
Filing Date: 15-01-2018
First Hearing Date: 14th February 2018
Decision Date: 02nd September 2025
Court Number And Judge: 61-COURT 61 ADDL  SESSIONS JUDGE

    Orders

    3
    Final Order 2
    02 Sept 2025
    Order Details: Other
Pdf Text: 7 Dt.02.09.2025
SU 431/18
IN THE COURT OF H.H.J. A. C. DAGA JUDGE CITY CIVIL
COURT C.R. NO. 61
None for plaintiff.
None for defendant.
K.B.
Later on at 11.54 a.m.
Adv. Ritesh Singh for defendant No.2 is present.
K.B.
Later on at 2.45 p.m.
Plaintiff is absent. Evidence has not been lead.
It appears that plaintiff is not interested in proceeding
further with this suit. As such Suit No.431/2018 is dismissed
in default. No orders as to costs. R and P be sent to Record
Department.
Judge
-- 1 of 1 --
    Interim Order 1
    12 Jan 2024
    Order Details: Other
Pdf Text: Issues in Suit No. 431/2018 1 Date: 12.01.2024
Exhibit-
IN THE BOMBAY CITY CIVIL COURT
AT BOMBAY
S.C. SUIT NO.431 OF 2018
Ashfiya Khatoon Israr Ahmed Malik ….Plaintiff
Vs.
Mushtaque Maqbool Malik & Anr. ....Defendants
CORAM: HHJ S.B.JOSHI
DATE: 12.01.2024 C.R.NO.61
I S S U E S
1. Does plaintiff prove that she is in lawful possession of the suit
premises ?
2. Does she further prove that defendants have caused obstruction
in her peaceful possession over the suit premises?
3. Whether plaintiff is entitled for the relief of perpetual injunction
as prayed ?
4. What order and decree?
(S.B.JOSHI )
Judge,
City Civil Court, Gr. Mumbai.
Date- 12.01.2024 Court Room No.61
-- 1 of 2 --
2
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
12.01.2023 Mrs. R.R.Hate
Name of the Judge
(with Court Room No.)
Shri S.B.Joshi
C.R. No.61
Date of framing on issues 12.01-2023
Issues signed by P. O. on 12.01-2023
Issues uploaded on 12.01-2023
-- 2 of 2 --
    Order 1
    12 Jan 2024
    Order Details: Other
Pdf Text: Issues in Suit No. 431/2018 1 Date: 12.01.2024
Exhibit-
IN THE BOMBAY CITY CIVIL COURT
AT BOMBAY
S.C. SUIT NO.431 OF 2018
Ashfiya Khatoon Israr Ahmed Malik ….Plaintiff
Vs.
Mushtaque Maqbool Malik & Anr. ....Defendants
CORAM: HHJ S.B.JOSHI
DATE: 12.01.2024 C.R.NO.61
I S S U E S
1. Does plaintiff prove that she is in lawful possession of the suit
premises ?
2. Does she further prove that defendants have caused obstruction
in her peaceful possession over the suit premises?
3. Whether plaintiff is entitled for the relief of perpetual injunction
as prayed ?
4. What order and decree?
(S.B.JOSHI )
Judge,
City Civil Court, Gr. Mumbai.
Date- 12.01.2024 Court Room No.61
-- 1 of 2 --
2
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
12.01.2023 Mrs. R.R.Hate
Name of the Judge
(with Court Room No.)
Shri S.B.Joshi
C.R. No.61
Date of framing on issues 12.01-2023
Issues signed by P. O. on 12.01-2023
Issues uploaded on 12.01-2023
-- 2 of 2 --

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