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SUIT - SHORT CAUSE CIVIL SUIT

Arham Azhar Hussain ShaikhVsRehmat Sajid Ali Shaikh +4 more

CNR MHCC0100120820199-COURT 09 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--CONSENT DECREE
Decision Date: 04th March 2025

TrustJury record updated 17 Sept 2026

Case Overview

Registration Number
102244/2019
Registration Date
09 Aug 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    6

    Acts & Sections

    1

    Case History / Proceedings

    Case History
    Date: 09-08-2019
    Business: Adv. Sambhaji Kharatmol for the Plaintiff present.
    Adv. Ms. Paridhi for Defendant no. 4 present.
    Adv. Dorajiwala for Defendant no 2 and 3 present. (WS )
    Adv. Satamkar for Defendant no. 5 present.
    Mediation report received. t.o.r. NOt settled.
    The Plaintiff is directed to register the suit within two weeks from today, failure to which suit will be dismissed on next date.
    The Plaintiff has failed to tender register N/M.
    Matter is adjd. to 24.09.2019 for dismissal of N/M for want of steps/ reply to N/M/ steps by the Plaintiff in respect of Defendant no. 1
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-08-2019
    
    Date: 22-08-2019
    Business: Adv. Gajanan Shinde for the plaintiff present.
    Already NM No. 753/19 tendered by the plaintiff.
    Issue Writ of Summons to the defendants on payment of process through bailif of Sheriff office.
    Already adjd to 24/09/2019.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 24-09-2019
    
    Date: 24-09-2019
    Business: Adv. Mr. Nikhil Patil for the Plaintiff present.
    Adv. Satamkar for Defendant no. 5 present.
    Already tendered Vakalatnama of the Plaintiff.
    Already tendered Address memo of the Plaintiff.
    Defendant no. 4 present.
    Adv. Ms. Mehta for Defendant no. 4 present.
    Written Statement tendered by Defendant no. 4.t.o.r. O-filed.
    Adv for the Plaintiff seeks extension of time to serve writ of summons to Defendant nos. 1 and 5.
    Matter is adjd. to 4.11.2019 for proof of service of writ of summons to Defendant no. 1 and 5/ reply to N/M.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 04-11-2019
    
    Date: 04-11-2019
    Business: The Court is on Leave
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 18-02-2020
    
    Date: 18-02-2020
    Business: Adv.  A.K. Patil  a/w Shinde for plaintiff is present. He seeks time for service on defendant no. 1 and 5. He submitted that report of defendant no. 1 is awaited.
    Adv. Saraf for defendant no. 4 is present.
    Matter is adjd. for proof of  service on defendant no. 1 and 5/ N/M hearing to 17/03/2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-03-2020
    
    Date: 17-03-2020
    Business: Due to direction to combat Corona Virus, board is discharged as
    only matters for argument are taken up.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-08-2020
    
    Date: 10-08-2020
    Business: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-12-2020
    
    Date: 11-12-2020
    Business: Court is on Leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-03-2021
    
    Date: 23-03-2021
    Business: Adv.  Gajanan Shinde for plaintiff
    Adv. Yash for defendant No.4.
    Adv. Mr. Pathak h/f Adv. Mr. Kandekar for the defendant No.5.
    Matter is adjd. to 25/06/2021 for service of summons and filing affidavit of service.
    Next Purpose: SERVICE
    Next Hearing Date: 25-06-2021
    
    Date: 25-06-2021
    Business: Due to Covid-19, matter is adjd to
    Next Purpose: SERVICE
    Next Hearing Date: 13-08-2021
    
    Date: 13-08-2021
    Business: Adv. Gajanan Shinde for plaintiff present.
    Adv. Setna for defendant No.4 present.
    Inspite of roznama dated 18/02/2020, the plaintiff filed to file service affidavit of defendants No.1 and 5. The defendant No.2 and 3 are appeared on record. But, till today not filed WS. Therefore, suit to proceed without their WS.
    Advocate of plaintiff submitted that NM No.753/2019, is pending for hearing. On perusal of record it appears that NM is not listed on board. The roznama dated 27/02/2019 shows that on that day the NM was shown pending. Therefore, NM be restored and kept for hearing on next date.
    Matter is adjd. to 13/10/2021 for NM No.753/2019 hearing/service of affidavit.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-10-2021
    
    Date: 13-10-2021
    Business: Adv. Sambhaji Kharatmol  for plaintiff.
    Adv. Nanke for the defendant No.4 present.
    Adv. Mr. Pathak h/f Adv. Mr. Kandekar for the defendant No.5 present.
    Matter is adjd. to 10/01/2022 for service of summons.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-01-2022
    
    Date: 10-01-2022
    Business: None present
    Matter is adjd. to 19.01.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-01-2022
    
    Date: 19-01-2022
    Business: Adv Nikhil Patil for plaintiff present.
    Adv Ms.Saraf for defendant no.4 present.
    Adv Pathak H/f Adv Kandekar present for MHADA/ defendant no.5
    Matter is adjd. to 09.03.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-03-2022
    
    Date: 09-03-2022
    Business: Adv. Manasi for Deft. No. 4 present.
    Adv. J.H. Dhorajiwala for Deft.No. 2 and 3 present.
    Adv. Kandekar for Deft. No. 5 present.
    None for remaining defendants.
    By consent matter is adjd. to 20-04-2022 for hearing N/m
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-04-2022
    
    Date: 20-04-2022
    Business: Adv. Sambhai Kharatmol for plaintiff present.
    Adv. Dhorajiwala for defendant nos. 2 and 3 present.
    Adv. Gauri Tyagi for defendant no.4 present.
    Adv. Pathak h/f Adv. Kandekar for MHADA present.
    Ld. Adv. for defendant nos. 2 and 3 submits that plaintiff has issued letter to defendant no. 4 for stopping payment of interim rent to defendant nos. 2 and 3. There is no order of this Court to that effect. Ld. Adv. for defendant no. 4 submits that she wants to file certain additional documents on record and seeks adjournment. In the circumstances the matter is adjourned for N/m hearing.
    Matter is adjd. to 09-06-2022 for N/m hearing as last chance.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-06-2022
    
    Date: 09-06-2022
    Business: Adv. Nikhil Patil for plaintiff present.
    Adv. Dhorajiwalla for defendant no. 2 and 3 present.
    Adv.Gouri for defendant no. 4 present and file draft  Ch/s along affidavit in support-O- leave is granted the same. Serve other side.
    One more chance granted for hearing N/m.If plaintiff fail to hearing necessary order will be pass against plaintiff.
    Defendant no. 4 serve copy of draft Ch/s on all party.
    Adv. Pathak h/f Adv. Kandekar for MHADA present.
    Matter is adjd. to 22-07-2022 for hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-07-2022
    
    Date: 22-07-2022
    Business: Adv. for plaintiff absent.
    Adv Pathak H/f Adv Kandekar present for MHADA/Def.tno. 5.
    Adv. J.H. Dhorajiwalla for defendant no. 2 and 3 present.
    Adv. Alana for Defendant No. 4 present. He filed VP - Exh.06.
    Adv. for deft.no. 4 requested to extend the time to register the ch/s which was filed on earlier date. Time extended till next date.
    Perusing record it appears that last chance was granted to the plaintiff on 20.04.2022. Thereafter matter is kept for 09.06.22 on that day the one more chance was given for hearing.
    KB for hearing.
    Adv. Nikhil Patil for plaintiff present.
    Matter is adjd. to 10.08.2022 for hearing, but the plaintiffs advocate Nikhil Patil and other parties obtained dated from sheristedar, without leave of the court.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-08-2022
    
    Date: 10-08-2022
    Business: Adv. Nikhil Patil I/b Adv. Gajanan D. Shinde for plaintiff present.
    Adv Pathak H/f Adv Kandekar present for MHADA/Deft.no. 5.
    Adv. S.R. Alana for defendant No.4 present.
    Read the ch/s no. 1117/22 no objection to grant the ch/s. The deft. no. 4 want to amend the WS. Considering the nature of amendment and no objection given to plaintiff.
    For the interest of justice, it will better to pass the following order.
    Ch/s No. 1117/22 is hereby allowed.
    The deft.no. 4 is directed to carry out amendment before next date in his WS and copy of amended WS be supply to the plaintiff.
    Matter is adjd. to 29.09.2022 for compliance by defendant.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 29-09-2022
    
    Date: 29-09-2022
    Business: Adv. Gajanan Shinde for plaintiff present.
    Adv. S. R. Allana for Deft.No. 4 present and he seeks time to carry out amendment. Time extended.
    Adv. Dhorajiwala for deft.no. 2 and 3 present.
    Matter is adjd. to 10.10.2022 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 10-10-2022
    
    Date: 10-10-2022
    Business: Adv. Gajanan Shinde for plaintiff present.
    Adv. S.R. Alana for defendant No.4 present.
    Matter is adjd. to 24.11.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-11-2022
    
    Date: 24-11-2022
    Business: As court is busy in dictating order in NM No. 1879/2016 in suit No. 982/16, order on Exh. 6 in Suit No. 2449/21 and hearing arguments in Suit No. 1078/2022. Hence, board is discharged. Hence, Matter is adjd. to 20.01.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-01-2023
    
    Date: 20-01-2023
    Business: court is on leave. Hence Board is discharge and matter adjd to.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-03-2023
    
    Date: 23-03-2023
    Business: court is on leave
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-04-2023
    
    Date: 26-04-2023
    Business: Adv. Nikhil Patil a/w Adv. Gajanan Shinde for plaintiff present.
    Adv. Kandekar for defendant No. 5/MHADA present.
    Adv. S.R. Alana for defendant no. 4 present.
    Matter is adjourned to 09.06.2023 for Notice of Motion hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-06-2023
    
    Date: 09-06-2023
    Business: Adv. Mr. Nikhil Patil a/w Adv. Ganjanan Shinde for the plaintiff is present.
    Defendant Nos. 2 and 3 is present in person.
    None present for defendant Nos. 1 and 5.
    Adv. Mr. Akhil Nene for defendant No. 4 is present.
    Advocate for plaintiff insisted for hearing on NM. However,  defendant Nos. 2 and 3 submitted that their advocate is today not available and prayed for adjournment. Hence, adjournment granted for today only.
    Adjourned for NM hearing to 03.07.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-07-2023
    
    Date: 03-07-2023
    Business: Adv. Mr. G.D. shinde for the plaintiff is present.
    Defendant No. 2 is present.
    Adv. Mr. Akhil Nene for defendant No. 4 is present.
    Adv. Ms. Kandekar for defendant No. 5/MHADA is present.
    Defendant No. 2 submits that today, his advocate is unwell and he not available to come in the Court and prayed for adjournment.
    Adjourned for NM hearing to 03.08.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-08-2023
    
    Date: 03-08-2023
    Business: Adv. Mr. Nikhil Patil a/w Adv.  Gajanan Shinde for the plaintiff is present.
    Adv. Mr. J.H. Dhorajiwalla for defendant Nos. 2 and 3 is present.
    Adv. Mr. Akhil Nene a/w Adv.  Yogini Barde for defendant No. 4 is present.
    Adv. Ms. Harshita Darji h/f Adv. Kandekar for defendant No. 5/
    MHADA is present.
    Matter is adjourned to 22.08.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-08-2023
    
    Date: 22-08-2023
    Business: Adv. Mr. Nikhil Patil for the plaintiff is present.
    Adv. Mr. J.H. dhorajiwalla for defendant Nos. 2 and 3 is present.
    Adv. Mr. Alana for defendant No. 4 is present.
    Adv. Ms. Harshida Darji h/f Adv. Kandekar for defendant No.5 /MHADA is present.
    Matter is adjourned to 06.09.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-09-2023
    
    Date: 06-09-2023
    Business: Adv. Mr. Gajanan Shinde for the plaintiff is present.
    Adv. Mr. Alana for defendant No. 04 is present.
    KB LO at 05:20 pm.
    Adv. Mr. Arhan Shaikh for defendant Nos. 2 and 3 is present.
    Adv. Ms. Harshida Darji h/f Adv. Kandekar for defendant No.5 /MHADA is present.
    Matter is adjourned to 16.09.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-09-2023
    
    Date: 16-09-2023
    Business: Adv. Mr. Patil a/w Adv.  Gajanan Shinde for the plaintiff is present.
    Adv. Mr. J.H. Dhoragiwalla for defendant Nos. 2 and 3 is present.
    Adv. Mr. S.R. Alana for defendant No. 4 is present.
    Adv. Ms. Harshida Darji h/f Adv. Kandekar for defendant No.5/
    MHADA is present.
    As the Court is busy in other matters. Hence, matter is adjourned.
    Matter is adjourned to 18.09.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-09-2023
    
    Date: 18-09-2023
    Business: Plaintiff is present.
    Adv. Mr. Patil a/w Adv. Gajanan Shinde for the plaintiff is present.
    Adv. Mr. J.H. Dhoragiwalla for defendant Nos. 2 and 3 is present and filed Written Submission TOR. Copy served to other side.
    Adv. Mr. S.R. Alana for defendant No. 4 is present.
    Heard both sides on NM No.753 /2019.
    Matter is adjourned to 05.10.2023 for NM Order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 05-10-2023
    
    Date: 05-10-2023
    Business: Adv. Mr. Gajanan Shinde for the plaintiff is present.
    Adv. Mr. J.H. Dhorajiwalla for defendant No. 2 is present.
    Adv. Ms. Harshida Darji h/f Adv. Kandekar for defendant No.5 /MHADA is present.
    As the Court is busy hearing in NM No. 2022/2010. Hence, board is discharged.
    Matter is adjourned to 23.10.2023 for NM Order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 23-10-2023
    
    Date: 23-10-2023
    Business: Adv. Mr. Gajanan Shinde for the plaintiff is present.
    Adv. Mr. J.H. Horagiwalla for defendant Nos. 2 and 3 is present.
    Adv. Mr. Kabir for defendant No. 4 is present.
    Adv. Ms. Kandekar for defendant No.5 /MHADA is present.
    Matter is adjourned to 04.11.2023 for NM Order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 04-11-2023
    
    Date: 04-11-2023
    Business: Adv. Ms. Ekta Mistry h/f Adv. Gajanan Shinde for the plaintiff is present.
    Adv. Ms. Harsida Darji h/f Adv.Kandekar for defendant/MHADA is present.
    Defendant No.11 is present.
    For reason separately recorded, the following Order is passed on NM 753 of 2019.
    Order.
    Notice of Motion No. 753 of 2019 stands dismissed with costs and disposed of accordingly.
    Adjourned for Service to 16.01.2024.
    Next Purpose: SERVICE
    Next Hearing Date: 16-01-2024
    
    Date: 16-01-2024
    Business: None for the plaintiff.
    Adv. Ms.Harshida Darji h/f Adv. Kandekar for defendant/MHADA is present.
    Adv. Mr. Kabir Saund for defendant no.4 is present.
    Matter is adjourned to 22.04.2024 for Service.
    Next Purpose: SERVICE
    Next Hearing Date: 22-04-2024
    
    Date: 22-04-2024
    Business: Adv. Mr. Gajanan Shinde for the plaintiff is present.
    Adv. Mr. Kabir Saund i/b  Sagar Associates for defendant no.4 is present.
    Adv. for plaintiff seeks time to file affidavit of service regarding for defendant no.1.
    Matter is adjourned to 09.07.2024 for Service.
    Next Purpose: SERVICE
    Next Hearing Date: 09-07-2024
    
    Date: 09-07-2024
    Business: Adv. Mr.Gajanan Shinde for the plaintiff is present.
    Adv. Mr.S.R.Halana for defendant No.4 is present.
    Counsel for plaintiff orally requested that he may be allow to follow the order dtd.26.02.2020. The order dtd.26.02.202 shows that plaintiff application or substituted service. The plaintiff is permitted to issues the summons the order dtd.26.02.2020.
    Matter is adjourned to 09.09.2024 for Service.
    Next Purpose: SERVICE
    Next Hearing Date: 09-09-2024
    
    Date: 09-09-2024
    Business: Adv. Gajanan Shinde present for plaintiff and he filed affidavit of service. Marked as Exh. 7.
    Adv. J. H. Dhorajiwalla present for defendant no. 2 and 3.
    Advocate Shweta h/f. Advocate Kandekar for defendant/MHADA present.
    Adv. Kabir Saund for defendant no. 4 present.
    Matter is adjourned to 20/11/24 for draft issues.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 20-11-2024
    
    Date: 20-11-2024
    Business: As per Office Order No. 273/2024, Court is declared holiday on account of Polling Day. Hence, Matter is adjourned to 24/12/2024.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 24-12-2024
    
    Date: 24-12-2024
    Business: Adv. Gajanan Shinde present for plaintiff and sought adjournment.
    Adv. Harshita Darji h/f Adv. Kandekar for defendant/MHADA present.
    Advocate J. H. Dorajiwala for defendant no. 2 present.
    Matter is adjourned to 04/03/25 for draft issues.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 04-03-2025
    
    Date: 04-03-2025
    Business: Adv. Gajanan Shinde a/w Adv. Nafisa present for plaintiff.
    Defendant no. 1 to 3 present.
    Adv. absent for defendant no. 1.
    Advocate J. H. Dorajiwala for defendant no. 2 and 3 present.
    Advocate Kabir Saund a/w Adv.  Yogini i/b Adv.  J. Sagar Associates for defendant no. 4 present.
    Adv. Harshita Darji h/f Adv. Kandekar for defendant no. 5/MHADA present.
    Adv. for plaintiff filed an application for discharge of next friend t.o.r. marked as Exh. 8.
    O- As the plaintiff wants to continue suit herself, the next friend through whom the suit is filed is hereby discharged.
    Plaintiff to amend plaint accordingly.
    Matter is adjourned for compliance and draft issues.
    later on at 01.19 pm.
    Adv. plaintiff and defendant no. 1 to 3 filed consent terms. t.o.r marked as Exh. 9.
    Adv. for defendant no. 4 and 5 submitted that, he has no objection for consent terms.
    In view of consent terms, the following order.
                                ORDER
    1) The suit is disposed of in view of consent terms (Exh. 9).
    2) Decree be drawn up accordingly.
    3) The consent terms shall form the part of decree.
    Nature Of Disposal: CONSENT DECREE
    Disposal Date: 04-03-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 101339/2019
    Filing Date: 31-01-2019
    First Hearing Date: 09th August 2019
    Decision Date: 04th March 2025
    Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    04 Mar 2025

    Order Details: Other Pdf Text: Daily Status IN THE COURT OF :COURT 09 ADDL SESSIONS JUDGE Case No. :SUIT/0102244/2019 Arham Azhar Hussain Shaikh Vs Rehmat Sajid Ali Shaikh Date : 04-03-2025 Business : Adv. Gajanan Shinde a/w Adv. Nafisa present for plaintiff. Defendant no. 1 to 3 present. Adv. absent for defendant no. 1. Advocate J. H. Dorajiwala for defendant no. 2 and 3 present. Advocate Kabir Saund a/w Adv. Yogini i/b Adv. J. Sagar Associates for defendant no. 4…

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