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SUIT - SHORT CAUSE CIVIL SUIT

Ashok Bapu SonawaneVsIrshad Mumtaz Khan +2 more

CNR MHCC01001276201962-COURT 62 AD-HOC ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 21st September 2023

TrustJury record updated 18 Sept 2026

Case Overview

Registration Number
100348/2019
Registration Date
07 Feb 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    4

    Petitioner

    1. 1Ashok Bapu Sonawane

    Respondent

    1. 1Irshad Mumtaz Khan
    2. 2Farzana Faiz Shaikh
    3. 3Fatima Abu Sufiyan

    Acts & Sections

    2
    Hindu Marriage Act · Sec 34
    Protection of Women from Domestic Violence Act · Sec Order 39 · Rule 2

    Case History / Proceedings

    Case History
    Date: 28-02-2019
Business: Mentioned by pracipe. NOB. TOB.
Adv. Sachin Gelye for plaintiff tendered writ of summons also draft NM with affidavit seeking ad-interim relief for restraining the defendants from disturbing possession of the plaintiff to the suit premises.  Leave to register is granted.
    Adv. Bhushan Deshmukh for defendant no. 1 is present. He submits that the suit premises located at the first floor has been demolished by SRA.  He seeks time to file reply. Time is granted with a direction to serve copy of reply in advance to the advocate for plaintiff.
   The defendant nos. 2 and 3 though duly served vide report Exh. 6 have not appeared.  The suit be heard ex-parte against them
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 - Report of service of writ of summons.

Adjd for reply and arguments on ad-interim reliefs to 07.03.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-03-2019

Date: 07-03-2019
Business: Resumed.
Adv. Arpana Mhatre for plaintiff filed registered NM No. 974/2019 with affidavit.  TOR.
Adv. B. Deshmukh for defendant tendered reply to NM. TOR.
The P.O. is busy in hearing NM arguments in Suit No. 3650/2009 and 3666/2009.
Adjd for NM reply to 24.04.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-04-2019

Date: 07-03-2019
Business: Resumed.
Adv. Arpana Mhatre for plaintiff filed registered NM No. 974/2019 with affidavit.  TOR.
Adv. B. Deshmukh for defendant tendered reply to NM. TOR.
The P.O. is busy in hearing NM arguments in Suit No. 3650/2009 and 3666/2009.
Adjd for NM reply to 24.04.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-04-2019

Date: 24-04-2019
Business: PO IS ON LEAVE.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-07-2019

Date: 24-04-2019
Business: PO IS ON LEAVE.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-07-2019

Date: 18-07-2019
Business: Court is busy in hearing NM in suit no.234/19 and court has to hear urgent matters, hence board of second session is discharged and case is adjourned to 19/11/2019.
Advocate for Plaintiff present
Advocate Bhushan Deshmukh for Defendant no.1 present
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-11-2019

Date: 19-11-2019
Business: Court is on leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-02-2020

Date: 14-02-2020
Business: court is on leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-04-2020

Date: 14-02-2020
Business: court is on leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-04-2020

Date: 20-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-05-2020

Date: 11-05-2020
Business: National Lock down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-05-2020

Date: 11-05-2020
Business: National Lock down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-05-2020

Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-06-2020

Date: 17-06-2020
Business: Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 12/08/2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-08-2020

Date: 17-06-2020
Business: Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 12/08/2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-08-2020

Date: 12-08-2020
Business: As holiday hence adjourned tomorrow.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-08-2020

Date: 12-08-2020
Business: As holiday hence adjourned tomorrow.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-08-2020

Date: 13-08-2020
Business: Due to corona pandemic and lockdown
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-10-2020

Date: 13-08-2020
Business: Due to corona pandemic and lockdown
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-10-2020

Date: 16-10-2020
Business: None present for Plaintiffs.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 18.01.2021
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-01-2021

Date: 16-10-2020
Business: None present for Plaintiffs.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 18.01.2021
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-01-2021

Date: 18-01-2021
Business: None present for plaintiff.
None present for defendant.
As nobody present for both the parties, considering present
pandemic condition matter is adjd. for NM reply to 28.04.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-04-2021

Date: 28-04-2021
Business: Due to Covid-19 matter adjourned to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-07-2021

Date: 14-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-07-2021

Date: 14-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-07-2021

Date: 23-07-2021
Business: Court is on Leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-09-2021

Date: 23-09-2021
Business: None present for the plaintiff to argue NM No.974 of 2019.
None present for the defendant.
As nobody is present for the plaintiff NM No.974 of 2019 be kept for dismissal order on next date.
Matter is adjd. for NM for dismissal order to 15.12.2021.
Judge
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 15-12-2021

Date: 15-12-2021
Business: None present for both parties.
As nobody is present for the plff, N.M.No.974/2019 is dismissed in default for want of prosecution.
Matter is adjd. for affidavit of service of writ of summons to 09.03.2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-03-2022

Date: 09-03-2022
Business: Court is on Leave
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 19-04-2022

Date: 19-04-2022
Business: None present for both parties.
Court is busy in hearing further arguments in suit No.104/1990 and 3943/2009 hence, as both parties are not present, this matter is adjd. for affidavit of service.
Matter is adjd. for affidavit of service to 14.07.2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 14-07-2022

Date: 14-07-2022
Business: None present when called.
Service affidavit is not filed. Keep for dismissal
Matter adjd to 15/09/2022  for dismissal
Next Purpose: DISMISSAL
Next Hearing Date: 15-09-2022

Date: 15-09-2022
Business: None present for both sides.
KB
LO at 11.45 am
None present for both sides.
LO at 02.45 pm
As PO is on leave in the second session, hence, matter adjd to 08.10.2022 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 08-10-2022

Date: 08-10-2022
Business: None present.
Considering the nature of dispute case is referring to Lok-Adalat.
Matter adjd to  12.11.2022
Judge
Next Purpose: Lok-Nyayalay
Next Hearing Date: 12-11-2022

Date: 12-11-2022
Business: Both parties are absent.
Matter is adjourned to   23-12-2022
Not settled.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 23-12-2022

Date: 23-12-2022
Business: None present for both sides.
Read the order dated 08.10.2022. Considering the nature of dispute, suit is referred to lok-adalat.
Matter adjd to 11.02.2023 for lok-adalat and if not settled on  10.03.2022 for regular hearing.
Judge
Next Purpose: Lok-Nyayalay
Next Hearing Date: 11-02-2023

Date: 11-02-2023
Business: Parties and their Ld. Advocates are absent.
As parties and their Ld. Advocates are absent, hence, matter is kept in regular Court.
Matter is adjd to 15.03.2023.
Next Purpose: HEARING
Next Hearing Date: 15-03-2023

Date: 15-03-2023
Business: None present for both sides.
Read the roznama dated 12.11.2022. Considering the nature of dispute suit is referred to lok-adalat.
Matter adjd to 30.04.2023 for lok-adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 30-04-2023

Date: 30-04-2023
Business: 30/04/2023
NATIONAL LOK-ADALAT HELD ON 30/04/2023 (Panel-II)
SU
348/2019
Matter pertaining to C.R. No.62.
Both parties are absent.
K.B.
L.O.   at 1.10 p.m.
Both parties are absent.
Matter is adjd. to 23/06/2023.
Next Purpose: HEARING
Next Hearing Date: 23-06-2023

Date: 23-06-2023
Business: None for plaintiff .
None for defendant.
Matter is adjd.to  14-08-2023 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 14-08-2023

Date: 14-08-2023
Business: None for plaintiff.
None for defendant
From the perusal of the record it appears that on 28-02-2019 the defendant no. 1 appeared in the matter but the defendants no. 2 and 3 though daily served writ of summons didnt appear. Hence, the suit was directed to proceed ex parte against defendants no. 2 and 3. The defendant no. 1 having failed to file the written statement, suit is directed to proceed without written statement of defendant no. 1. Plaintiff to take steps accordingly on the next date, failing which the suit shall be dismissed for want of prosecution. Matter stand adjourned for steps or  dismissal of the suit.
Matter is adjd.to 21-09-2023 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 21-09-2023

Date: 21-09-2023
Business: None for plaintiff present.
None for defendant present.
From the perusal of the Roznama dat 14/08/2023 it would reval that there by plaintiff was granted last chance to proceed with the matter on next date, failing which the suit shall be dismissed for want of prosecution. The plaintiff however did not enter appearance today to proceed with the matter. Hence, the suit is liable to dismissed for default. The suit no. 348 of 2019 stands dismissed accordingly.
Nature Of Disposal: DISMISSED
Disposal Date: 21-09-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 101459/2019
Filing Date: 02-02-2019
First Hearing Date: 28th February 2019
Decision Date: 21st September 2023
Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    21 Sept 2023
    Order Details: Other
Pdf Text: Back
Daily Status
IN THE COURT OF :COURT 62 ADDL SESSIONS JUDGE
Case No. :SUIT/0100348/2019
Ashok Bapu Sonawane Vs Irshad Mumtaz Khan
Date : 21-09-2023
Business : None for plaintiff present. None for defendant present. From
the perusal of the Roznama dat 14/08/2023 it would reval that
there by plaintiff was granted last chance to proceed with the
matter on next date, failing which the suit shall be dismissed
for want of prosecution. The plaintiff however did not enter
appearance today to proceed with the matter. Hence, the suit is
liable to dismissed for default. The suit no. 348 of 2019 stands
dismissed accordingly.
Nature of Disposal : DISMISSED
Disposal Date : 21-09-2023
COURT 62 ADDL SESSIONS JUDGE
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