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SUIT - SHORT CAUSE CIVIL SUIT

Smt. Kainat Abdul Rashid SiddiqueVsSmt. Meherunnisa A.R. Siddique +1 more

CNR MHCC0100096020191-COURT 01 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 04th October 2025

TrustJury record updated 17 Sept 2026

Case Overview

Registration Number
100255/2019
Registration Date
29 Jan 2019

Advocates

2

For Petitioner

For Respondent

Parties

3

Acts & Sections

1
Hindu Marriage Act · Sec 34 and 37

Case History / Proceedings

Case History
Date: 20-02-2019
Business: Resumed.
Adv. Ashraf Patel for def. Is present.
Exh. 1 - Plaint
Exh. 2 - Vakalatnama. O- Seen and filed.
Exh. 3 - Address Memo. O- R and R.
Exh. 4 - List of documents. O - Seen and filed.
Exh. 5 - Affidavit in support of plaint.
Exh. 6 - Vakalatnama of Adv. Patel for def. no.    O- filed.
The P.O. is busy in hearing final arguments in Suit no. 9650/1990.  For want of time the board is discharged.
Adjd for direction to 29.03.2019.
Next Purpose: DIRECTIONS
Next Hearing Date: 29-03-2019

Date: 29-03-2019
Business: Resumed.
None for plaintiff.  Adv. Aarshad Patel for def no. 1 is present.
Adv. Patel seeks time to file w.s  Time is granted as last chance.  Plaintiff to file report of service of writ of summons of def. no. 2.
Adjd for written statement to 18.06.2019.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 18-06-2019

Date: 18-06-2019
Business: None present for plaintiff.
Adv. Ashraf Patel for defendant present.
Written statement filed on behalf of defendant.  TOR.
Adjourned for filing draft issues to 9.9.2019.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 09-09-2019

Date: 09-09-2019
Business: None present for plaintiff.
Adv. Shaikh for defendant no. 1 present.
Adjourned for issues to 5.10.2019.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 05-10-2019

Date: 05-10-2019
Business: Adv. Sheetal Chhabriya for plaintiff present.
None present for defendants.
The Ld. Advocate for the plaintiff  submitted that the copy of  written statement has not been supplied to the plaintiff.
Adjourned for compliance/ issues to 16.12.2019.
LO
Adv. Ashraf Patel for defendant no. 1 present.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 16-12-2019

Date: 16-12-2019
Business: None for plaintiff.
Adv. Ashraf Patel for deft. no.1 present.
The matter is adjd for framing of issues to 21.03.2020.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 21-03-2020

Date: 21-03-2020
Business: In view of advisory of Hon\''ble High Court concerning COVID-19, the matter is adjourned.
The matter is adjd for framing issues to 18.07.2020.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 18-07-2020

Date: 18-07-2020
Business: In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 27-08-2020

Date: 27-08-2020
Business: None present.
Court is busy in dictating judgment in Suit no.7250/2004, the matter is adjourned.
The matter is adjd for framing issues to 10.11.2020.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 10-11-2020

Date: 10-11-2020
Business: Due to Covid-19, the matter is adjourned to 03.02.2021.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 03-02-2021

Date: 03-02-2021
Business: None present.
The matter is adjd for Issue to .03.05.2021.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 03-05-2021

Date: 03-05-2021
Business: Due to Covid-19, matter is adjourned
Next Purpose: FRAMING ISSUES
Next Hearing Date: 09-08-2021

Date: 09-08-2021
Business: None present for plaintiff.
Adv. Ashraf Patel for deft no.1 is present. He has submitted draft issues. T.O.R.
Perused the pleadings on record. The dispute here in appears to be plaintiff and deft no.1, Both of them claiming to be wife of deceased Abdul Siddique and further claiming to have possession suit property. The main suit for injunction simplicitor. Considering the nature of the suit and also the provisions of Order 10 Rule 1A of the CPC, this matter has to be consider for ADR. Adv.for deft has consented for referring the matter to Lok Adalat. As per Section 89 of the CPC this matter is referred to Nation Lok Adalat scheduled to be held on 25.09.2021 at 10.00 a.m.
Issue notices to both the parties for attending Lok Adalat on 25.09.2021.
Matter adjd for Lok Adalat on 25.09.2021.
Next Purpose: FOR___________________
Next Hearing Date: 25-09-2021

Date: 25-09-2021
Business: None for plff.
Adv. Ashraf Patel Deft no. 1 present.
Matter is not settled before Lokadalat.
Adjd to. 22.11.2021 for parties to present before regular court.
Next Purpose: FOR___________________
Next Hearing Date: 22-11-2021

Date: 22-11-2021
Business: P.O.is on leave.
Matter adjd.to
Next Purpose: FOR___________________
Next Hearing Date: 06-12-2021

Date: 06-12-2021
Business: N.O.B. T.O.B.
Issue Notice to all the parties for attending the National Lok Adalat Schedule to be held on 11.12.2021 at 10.00 am.
Adjd. To 11.12.2021 for Lok Adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 11-12-2021

Date: 11-12-2021
Business: None present.
Matter is already adjd to 24.02.2022.
Next Purpose: FOR___________________
Next Hearing Date: 24-02-2022

Date: 24-02-2022
Business: Adv. Sheetal Chabriya for pltff present.
Adv. Ashraf Patel for deft no. 1 present.
Heard adv for deft no. 1 who has filed affidavit of service and the copy of first information report lodged with Dahanu police station, Palghar.
Deft no. 1 is directed to serve the copy of WS on pltff.
Matter is adjd to 24/06/2022 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 24-06-2022

Date: 24-06-2022
Business: None present for plaintiff.
Adv. Ashok Patel for defendant no.1 is present.
He has tendered draft NM. O- Leave granted to register.
Matter adjd to 10.08.2022  for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 10-08-2022

Date: 10-08-2022
Business: Plaintiff is present.
Adv. Vidya Kamble for plaintiff is present.
None present for defendant.
The defendant is directed to tender original NM on next date.
Matter adjd to 02.11.2022 for tender original NM on next date.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 02-11-2022

Date: 02-11-2022
Business: None present for plaintiff.
Adv. Arvind Giriraj i/b. Ashok Patel for deft No.1  is present.
Defendant is directed to tender registered N/m on or before next date.
Matter adjd to  21/12/2022
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 21-12-2022

Date: 21-12-2022
Business: P.O. is on leave.
Matter adjd to
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 06-02-2023

Date: 06-02-2023
Business: Adv. K.K. Sonawane h/f Adv. Vidya Kamble for plaintiff is present.
Adv. Ashok Patel for defendant no.1 is present and tendered original registered NM No. 2337/22 a/w affidavit in support of it. T.O.R.
Matter adjd to 01.03.2023 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-03-2023

Date: 01-03-2023
Business: P.O.is on leave. Matter adjd to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-03-2023

Date: 27-03-2023
Business: Adv. Sheetal Chabria for plaintiff is present and filed reply to NM No. 2337/22. T.O.R. Copy supplied to the defendant.
Adv. Arvind Giriraj for defendant is present.
Matter adjd to 14.06.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-06-2023

Date: 14-06-2023
Business: Adv. Vidya Kamble for plaintiff is present.
Adv. Giriraj for defendant is present.
On oral request of both the side matter is adjourned.
Matter adjd to 23.08.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-08-2023

Date: 23-08-2023
Business: As P.O is on leave in second session, matter adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-10-2023

Date: 17-10-2023
Business: None present for plaintiff.
Advocate Mr. Prasad Sawant for defendant present and he undertakes to file vakalatnama on next date.
Matter stands adjourned on 20.12.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-12-2023

Date: 20-12-2023
Business: None present for plaintiff.
Adv. Prasad Sawant for defendant is present and filed Vakalatnama. TOR. Marked as Exh. 8. O- Seen.
Matter adjd to 28.02.2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-02-2024

Date: 28-02-2024
Business: Adv. Pashte for plaintiff is present and seek time. O- Time granted as last chance.
Adv. Priti Khadse with Prasad Sawant for defendant no. 1 is present.
Matter adjd to 26.06.2024 for NM hearing on the request of both advocates.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-06-2024

Date: 26-06-2024
Business: None present for plaintiff.
Adv. Prasad Sawant for defendant is present and seek time. O- Time granted.
Matter adjd to 21.08.2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-08-2024

Date: 21-08-2024
Business: Adv. K. K. Sonawane h/f Adv. Vidya Kamble for plaintiff is present.
Plaintiff present.
Adv. Prasad Sawant for defendant no.1 is present.
With consent matter adjd to 14.10.2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-10-2024

Date: 14-10-2024
Business: Adv. Meera Chudhari/Bhosale h/f Adv. Vidya Kamble for plaintiff is present.
Adv. Prasad Sawant for defendant no.1 is present and seek time. O- Time granted.
Matter adjd to 12.12.2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-12-2024

Date: 12-12-2024
Business: Adv. Vidya Kamble for plaintiff is present and seek time. O- Time granted.
Adv. Trupti Khadse a/w Adv. Prasad Sawant for defendant no.1 is present.
Matter adjd to 10.01.2025 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-01-2025

Date: 10-01-2025
Business: P. O. is on Leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-02-2025

Date: 13-02-2025
Business: None present for plaintiff .
Adv. Parag P. Sawant for defendant is present.
Last chance granted.
Matter adjd to 25.04.2025 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-04-2025

Date: 25-04-2025
Business: Adv. Vidya Kamble for plaintiff is present.
Adv. Trupti Khadse for defendant no. 1 is present.
Advocate for defendant undertake to give inspection of title document relied in written statement on or before next date.
Both seeks time for hearing. O - time granted.
Matter adjd to 16.07.2025 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-07-2025

Date: 16-07-2025
Business: Adv. M. A. Shaikh for plaintiff is present and filed Vakalatnama Exh.9. TOR.
Adv. Prasad Sawant for defendant is present.
Matter adjd to 16.09.2025 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-09-2025

Date: 16-09-2025
Business: Adv. Nikita Mehta for plaintiff is present and seek time. O- Granted as last chance.
Adv. Trupti Khadse a/w Mr. Prasad Sawant for defendant no.1 is present.
Matter adjd to 04.10.2025 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-10-2025

Date: 04-10-2025
Business: Adv. M. S. Shaikh for plaintiff is present and filed application Exh.10. TOR. Copy served on other side.
Adv. Prasad Sawant for defendant is present.
The plaintiff has filed application Exh.10 seeking permission for withdrawal of suit with liberty to file fresh on same cause of action. The defendant has filed reply to the application and has no objection subject to law of limitation. Plaintiff is master of his suit and cannot be prevented from withdrawing the suit. According to plaintiff he is required to withdraw suit due to certain technical defects. However, the purported technical defects are not made out in the application. In the circumstances permission granted to withdraw suit with liberty to file fresh suit subject to law of limitation. Suit stands withdrawn and disposed off without costs. Notice of motion no.2337/2022 stands disposed off in view of withdrawal of suit without costs.
Nature Of Disposal: WITHDRAWL
Disposal Date: 04-10-2025

Additional Case Details

Additional Case Details
Filing Number: 101061/2019
Filing Date: 24-01-2019
First Hearing Date: 20th February 2019
Decision Date: 04th October 2025
Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE

Orders

1
Final Order 1
04 Oct 2025
Order Details: Other
Pdf Text: 22 04.10.2025
SU 255/19
NM 2337/22
Exh.10
CORAM : HIS HONOUR JUDGE SHRI R. R. PATARE
(C.R.NO.1)
Adv. M. S. Shaikh for plaintiff is present and filed
application Exh.10. TOR. Copy served on other side.
Adv. Prasad Sawant for defendant is present.
The plaintiff has filed application Exh.10 seeking permission
for withdrawal of suit with liberty to file fresh on same
cause of action. The defendant has filed reply to the
application and has no objection subject to law of limitation.
Plaintiff is master of his suit and cannot be prevented from
withdrawing the suit. According to plaintiff he is required to
withdraw suit due to certain technical defects. However, the
purported technical defects are not made out in the
application. In the circumstances permission granted to
withdraw suit with liberty to file fresh suit subject to law of
limitation. Suit stands withdrawn and disposed off without
costs. Notice of motion no.2337/2022 stands disposed off in
view of withdrawal of suit without costs.
Judge
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