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SUIT - SHORT CAUSE CIVIL SUIT

Mohd. Sainuddin Mohd. HanifVsRaidha Sayyeduddin wd/of. Sayyed Mohammad Hanif Khan

CNR MHCC0100085820193-COURT 03 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 19th November 2024

TrustJury record updated 17 Sept 2026

Case Overview

Registration Number
101114/2019
Registration Date
23 Apr 2019

Advocates

1

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec Order 39 · Rule 1

    Case History / Proceedings

    Case History
    Date: 11-06-2019
    Business: Adv. S. P. Ramdasi  for plaintiff present and He filed Draft NM along with affidavit. Leave granted to register Draft NM. Copy be served on other side.
    Writ of summons not served. Hence, on oral request time extended for service of writ of summons.
    Matter stands Adj for service of writ of summons to 19.08.2019.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 19-08-2019
    
    Date: 19-08-2019
    Business: Adv. Jayesh Chheda for plaintiff present and filed original NM no 2370/19 along with affidavit of service.
    None present for defendant.
    Matter stands Adj for reply to NM no. 2370/19 to 03.10.19.
    Next Purpose: REPLY
    Next Hearing Date: 03-10-2019
    
    Date: 03-10-2019
    Business: Adv. Jayesh Cheda for plaintiff present.
    None present for defendant.
    Reply to NM 2370/19 not filed by the defendant.
    Application for interim relief filed by the plaintiff.
    Heard Ld. counsel for plaintiff on Ex-2. He submitted that the defendant has been served with NM as per affidavit of service on record, but has failed to submit reply. The defendant is trying to create third party rights in the premises and delaying proceeding by not submitted reply. Hence, he prayed that interim relief of maintaining status quo by the defendant and not to create third party rights in the premises till the hearing of NM and the suit may be granted.
    Considering the submissions made before the court and the urgency pressed by the Ld. counsel for plaintiff, call for say of defendant on Ex-2. In the mean while, the defendant is directed to maintain status quo in respect of the legal status of the suit premises and not to create third party right till next date.
    Ld. counsel for plaintiff is directed to communicate this order to the defendant for the information and compliance.
    Sheristedar to provide authenticated copy of today\''s roznama to the Ld. counsel for plaintiff.
    Matter stands Adj for filing say on Ex-2 to 23.10.19.
    Next Purpose: FILING SAY
    Next Hearing Date: 23-10-2019
    
    Date: 23-10-2019
    Business: None present for plaintiff and defendant.
    Matter stands Adj for filing say to 13.12.2019.
    Next Purpose: FILING SAY
    Next Hearing Date: 13-12-2019
    
    Date: 13-12-2019
    Business: Court is on leave
    Next Purpose: FILING SAY
    Next Hearing Date: 04-02-2020
    
    Date: 04-02-2020
    Business: Court is busy in dictating order in suit no. 380/18 and 725/18. Hence, board is discharged.
    Earlier order, if any, to continue till next date.
    Matter stands Adj for filing say to 26.03.2020.
    Next Purpose: FILING SAY
    Next Hearing Date: 26-03-2020
    
    Date: 26-03-2020
    Next Purpose: FILING SAY
    Next Hearing Date: 07-04-2020
    
    Date: 07-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: FILING SAY
    Next Hearing Date: 18-04-2020
    
    Date: 18-04-2020
    Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 77 of 2020 matter adjourned.
    Next Purpose: FILING SAY
    Next Hearing Date: 29-05-2020
    
    Date: 29-05-2020
    Business: In view of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
    Next Purpose: FILING SAY
    Next Hearing Date: 16-06-2020
    
    Date: 16-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: FILING SAY
    Next Hearing Date: 04-09-2020
    
    Date: 04-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FILING SAY
    Next Hearing Date: 05-11-2020
    
    Date: 05-11-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: FILING SAY
    Next Hearing Date: 08-01-2021
    
    Date: 08-01-2021
    Business: None present.
    The case is adjourned to 03.02.2021 for filing say.
    Next Purpose: FILING SAY
    Next Hearing Date: 03-02-2021
    
    Date: 03-02-2021
    Business: Advocate Ms. Shashikala Mahamuni h/f adv. Ms. Sapna Bheda for plaintiff present.
    None for defendant.
    Earlier order is to be continued till next date.
    The case is adjourned to 25.03.2021 for filing say.
    Next Purpose: FILING SAY
    Next Hearing Date: 25-03-2021
    
    Date: 25-03-2021
    Business: Advocate Ms. Shashikala Mahamuni for Plaintiff present and pressed for hearing of N/M No. 2370/19.
    She also filed application to proceed the suit ex-parte. TOR and marked Exh.3.
    The case is adjourned to 03.05.2021 for filing say.
    Next Purpose: FILING SAY
    Next Hearing Date: 26-03-2021
    
    Date: 26-03-2021
    Business: By praecipe
    Advocate Ms. Mahamuni for plaintiff present and requested for extension of time to serve writ of summons on the defendant.
    Time is extended.
    Already the case is adjourned to 03.05.2021 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 03-05-2021
    
    Date: 03-05-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: SERVICE
    Next Hearing Date: 16-07-2021
    
    Date: 16-07-2021
    Business: Court is vacant
    Next Purpose: SERVICE
    Next Hearing Date: 08-09-2021
    
    Date: 08-09-2021
    Business: Matter called out at 03.14 p.m.
    Adv. Shashikala Mahamuni h/f Sapna Bheda for plaintiff present.
    None present for defendant.
    Plaintiff tendered affidavit of service with written envelope bearing endorsement as not claimed.  Plaintiff seeks time to serve with writ of summons to the defendant through bailiff.
    O-Granted.
    Earlier order to continue till then.
    Matter stands adjourned to 16.10.2021 for Service.
    Next Purpose: SERVICE
    Next Hearing Date: 16-10-2021
    
    Date: 16-10-2021
    Business: As per circular No. 213 of 2021 dtd. 12.10.2021, Holiday declared on 16.10.2021. Hence, Matter adj. to next date.
    Next Purpose: SERVICE
    Next Hearing Date: 06-12-2021
    
    Date: 06-12-2021
    Business: Matter mentioned at 3.17 p.m.
    Adv. Shashikala Mahamuni h/f Sapna Bhedafor plaintiff present.
    None present for defendant.
    Earlier order if any, to continue.
    Matter stands adjourned to 28.02.2022 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 28-02-2022
    
    Date: 28-02-2022
    Business: Adv. Shashikala Mahamuni h/f Adv. Sapna Bheda for plaintiff present.
    None present for defendant.
    Earlier order if any, to continue.
    As court is busy in dictating judgment in SU No.9284/00.
    Matter stands adjourned to 20.04.2022 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 20-04-2022
    
    Date: 20-04-2022
    Business: Court is on leave, Hence board is discharged. Matter is adj. to next date
    Next Purpose: SERVICE
    Next Hearing Date: 01-07-2022
    
    Date: 01-07-2022
    Business: Court is on Leave.
    Next Purpose: SERVICE
    Next Hearing Date: 25-07-2022
    
    Date: 25-07-2022
    Business: None present.
    Matter stands adjourned to 13.09.2022 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 13-09-2022
    
    Date: 13-09-2022
    Business: None present.
    Matter stands adjourned to 29.11.2022 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 29-11-2022
    
    Date: 29-11-2022
    Business: None present.
    Matter stands adjourned to 23.02.2023 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 23-02-2023
    
    Date: 23-02-2023
    Business: None present.
    Plaintiff absent since long hence, put up for dismissal.
    Matter stands adjourned on 06.05.2023 for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 06-05-2023
    
    Date: 06-05-2023
    Business: Court is on leave.
    Next Purpose: DISMISSAL
    Next Hearing Date: 05-08-2023
    
    Date: 05-08-2023
    Business: None for Plaintiff present.
    None for defendant present.
    NM is pending for hearing since 26.03.2021 however, Plaintiff failed argue on the NM hence, NM No. 2370/2019 is dismissed in default. Interim relief granted vide order dtd. 03.10.2019 on Exh.2 is vacated. Since suit is proceeded ex-party put it up for ex-party evidence.
    NM No.2370/2019 is dismissed and disposed off.
    Matter stands adjourned on 31-10-2023  for ex-party evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 31-10-2023
    
    Date: 31-10-2023
    Business: None present for Plaintiff.
    None present for Defendant.
    Evidence not adduced.
    Matter stands adjourned on 12.12.2023 for ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 12-12-2023
    
    Date: 12-12-2023
    Business: Both parties absent.
    Evidence not adduced, hence put up for dismissal order.
    Matter stands adjourned on  05-03-2024 for dismissal order.
    Next Purpose: DISMISSAL
    Next Hearing Date: 05-03-2024
    
    Date: 05-03-2024
    Business: None present.
    None present since year 2022, hence matter be kept for dismissal order.
    Matter stands adjourned on 30-04-2024 for dismissal order.
    Next Purpose: DISMISSAL
    Next Hearing Date: 30-04-2024
    
    Date: 30-04-2024
    Business: None present.
    Matter stands adjourned on 29-07-2024 for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 25-07-2024
    
    Date: 25-07-2024
    Business: Not on Board. Taken on Board.
    None for Plaintiff present.
    None for defendant present.
    Matter referred to Lokadalat on 27.07.2024, keep the parties present
    on that day.
    Matter stands adjourned on  27.07.2024 for Lokadalat.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 27-07-2024
    
    Date: 27-07-2024
    Business: Matter pertains to Court Room No.03
    None present for plaintiff.
    None present for defendant.
    Matter not settled.
    Matter be posted to 20/08/2024 for same stage from which matter was referred to lok-adalat.
    Adv. Ms. Harshita Nag                    H.H.J. Dr. Shri. S. D. Tawshikar
         Panel Member                                             Panel Head
    Next Purpose: DISMISSAL
    Next Hearing Date: 20-08-2024
    
    Date: 20-08-2024
    Business: None for Plaintiff present.
    None for defendant present.
    Matter stands adjourned on 19-11-2024 for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 19-11-2024
    
    Date: 19-11-2024
    Business: None for Plaintiff present.
    None for defendant present.
    Order - Since 25.07.2022 plaintiff remain absent.  It appears that the plaintiff is not interested to pursue the matter. Therefore, no useful purpose will be served by keeping this matter pending. Hence Suit No. 1114 of 2019 is hereby dismissed for want of prosecution.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 19-11-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 100945/2019
    Filing Date: 22-01-2019
    First Hearing Date: 11th June 2019
    Decision Date: 19th November 2024
    Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    19 Nov 2024
    Order Details: Other
    Pdf Text: C.R. No.03
    Daily Status
    IN THE COURT OF :COURT 03 ADDL SESSIONS JUDGE
    Case No. :SUIT/0101114/2019
    Mohd. Sainuddin Mohd. Hanif Vs Raidha Sayyeduddin wd/of. Sayyed Mohammad Hanif Khan
    Date : 19-11-2024
    Business : None for Plaintiff present. None for defendant present.
    Order - Since 25.07.2022 plaintiff remain absent. It appears
    that the plaintiff is not interested to pursue the matter.
    Therefore, no useful purpose will be served by keeping this
    matter pending. Hence Suit No. 1114 of 2019 is hereby
    dismissed for want of prosecution.
    Nature of Disposal : DISMISSED IN DEFAULT
    Disposal Date : 19-11-2024
    COURT 03 ADDL SESSIONS JUDGE
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