SUIT - SHORT CAUSE CIVIL SUIT
Riyaz Zainuddin Khatib +1 moreVsMOHD. ISMAIL SHAIKH +1 more
CNR MHCC01001491202062-COURT 62 AD-HOC ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
PENDING
TrustJury record updated 27 Sept 2026
Case Overview
- Registration Number
- 100881/2020
- Registration Date
- 21 Feb 2020
- Next Hearing Date
- 01 Oct 2026
- Case Stage
- CH/S ORDERS
Advocates
1For Petitioner
For Respondent
Not available
Parties
4Respondent
Acts & Sections
1Hindu Marriage Act · Sec 39
Case History / Proceedings
Case History
Date: 13-03-2020
Business: Adv. Mangesh Bansode for plaintiff present and tendered registered N.M. no. 1086/2020 @ affidavit in support. T.O.R.
Plaintiff advocate sought extension of time for service of writ of summons time extended till next date. Granted till next date.
None present for defendants.
Adv. Mr. Mulla submitted that he is intending to file chamber summons on behalf of intervener. It is made clear that unless the chamber summons is filed, cognizance of intervener cannot be taken by court.
Case is adjourned to 29.04.2020 for filing affidavit of service and N.M. reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-04-2020
Date: 29-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-05-2020
Date: 20-05-2020
Business: Due to Covid 19 pandemic, matters are adjourned as per Office order no.78.2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-06-2020
Date: 08-06-2020
Business: Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 03/08/2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-08-2020
Date: 03-08-2020
Business: Adjd. to 24.09.2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-09-2020
Date: 24-09-2020
Business: Advocate Mr. Mangesh Bansod for plaintiff present and seeking extension of time for service of writ of summons. Time extended till next date.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 17/12/2020 for Service.
Next Purpose: SERVICE
Next Hearing Date: 17-12-2020
Date: 17-12-2020
Business: Advocate Mr. Mangesh Bansod I/b M/s Lawa Loyals for plaintiff present and filed original writ of summons, t.o.r.
Advocate Mr. A. N. Mullah for Defendants present and sought time to file Notice of Motion reply.
Case is adjourned to 18/03/2021 for Notice of Motion reply/hearing.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-03-2021
Date: 18-03-2021
Business: Adv. Shri. Mangesh Bansod for plaintiff present.
Adv. Shri. A. M. Mulla present and submitted that writ of summons issued to both the defendants is served by the bailiff on his client Mrs. Shabana Noor Mohd. Ansari who infact is the owner. He submitted that said Mrs. Shabana is necessary party to the Suit and he is going to take out Ch/s. For impleading her as party defendant to the suit. He submitted that said Shabana is not the adult family member of both the defendants and hence service of writ of summons on her for and on behalf of defendants is not proper. He submitted that he is intending to return back the papers accepted by Mrs. Shabana on behalf of the defendants.
Plaintiff to takes steps to properly serve the defendants with writ of summons.
Adjourned for Steps to 05.05.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-05-2021
Date: 18-03-2021
Business: Adv. Shri. Mangesh Bansod for plaintiff present.
Adv. Shri. A. M. Mulla present and submitted that writ of summons issued to both the defendants is served by the bailiff on his client Mrs. Shabana Noor Mohd. Ansari who infact is the owner. He submitted that said Mrs. Shabana is necessary party to the Suit and he is going to take out Ch/s. For impleading her as party defendant to the suit. He submitted that said Shabana is not the adult family member of both the defendants and hence service of writ of summons on her for and on behalf of defendants is not proper. He submitted that he is intending to return back the papers accepted by Mrs. Shabana on behalf of the defendants.
Plaintiff to takes steps to properly serve the defendants with writ of summons.
Adjourned for Steps to 05.05.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-05-2021
Date: 05-05-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-08-2021
Date: 05-05-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-08-2021
Date: 05-08-2021
Business: Adv Ms. Jyoti Jadhav for plff present and seeks extended time to serve defts properly with writ of summons. O- Time extended till next date.
None present for defts.
Matter is adjd. for service to 16.09.2021.
Next Purpose: SERVICE
Next Hearing Date: 16-09-2021
Date: 16-09-2021
Business: Plff present with Adv Ms. Jadhav for plff.
None present for deft.
Plaint at Exh.1.
Vakalatnama of Adv for the plff at Exh.2.
Memorandum of address of the plff at Exh.3.
List of documents at Exh.4.
Adv for plff filed application Exh.5 for substituted service on deft No.1. Read the bailiff report. Bailiff has reported that deft no.1 was not found on the given address and deft no.2, who was present there, has informed the bailiff that deft No.1 has gone out for the work having no fixed time of being available. Plff has filed affidavit of service wherein it is mentioned that deft No.1 is residing on the same address. Having regards to the bailiff report and affidavit of service of himself filed by the plff, permission to effect service of writ of summons by substituted mode by way of pasting on the given address is granted to the plff.
Ms. Shabana Noor Mohd. Ansari present in person on behalf of the applicants and filed draft Ch/s along with affidavit in support for directing the plff to join the applicants as defts in the Suit. O- Leave to register is granted with direction to serve the plff.
Matter is adjd. for Ch/s reply and service on deft No.1 to 26.10.2021.
Next Purpose: SERVICE
Next Hearing Date: 26-10-2021
Date: 16-09-2021
Business: Plff present with Adv Ms. Jadhav for plff.
None present for deft.
Plaint at Exh.1.
Vakalatnama of Adv for the plff at Exh.2.
Memorandum of address of the plff at Exh.3.
List of documents at Exh.4.
Adv for plff filed application Exh.5 for substituted service on deft No.1. Read the bailiff report. Bailiff has reported that deft no.1 was not found on the given address and deft no.2, who was present there, has informed the bailiff that deft No.1 has gone out for the work having no fixed time of being available. Plff has filed affidavit of service wherein it is mentioned that deft No.1 is residing on the same address. Having regards to the bailiff report and affidavit of service of himself filed by the plff, permission to effect service of writ of summons by substituted mode by way of pasting on the given address is granted to the plff.
Ms. Shabana Noor Mohd. Ansari present in person on behalf of the applicants and filed draft Ch/s along with affidavit in support for directing the plff to join the applicants as defts in the Suit. O- Leave to register is granted with direction to serve the plff.
Matter is adjd. for Ch/s reply and service on deft No.1 to 26.10.2021.
Next Purpose: SERVICE
Next Hearing Date: 26-10-2021
Date: 26-10-2021
Business: Court is on leave.
Next Purpose: SERVICE
Next Hearing Date: 09-12-2021
Date: 09-12-2021
Business: Adv Ms. Jyoti Jadhav present for plff. and filed original writ of summons with bailiff report. Bailiff report shows that deft No.1 is properly served by way of pasting.
Applicant Shabana in ch/s present and seeks adjournment by submitting that her advocate is unable to attend this Court.
Matter is adjd. for tendering registered Ch/s in the Court by the applicant and for Ch/s reply to 24.02.2022.
Next Purpose: C/S REPLY
Next Hearing Date: 24-02-2022
Date: 24-02-2022
Business: Adv Mr. Mangesh Bansod present for plff. and filed reply in Ch/s No.1303/2021.
Adv Mr. A. A. Mulla present for the third party applicant and tendered registered Ch/s No.1303/2021
None present for the deft.
Copy of reply given to adv for the applicant.
On request of adv. for plff, matter is adjd. for Ch/s hearing to 19.04.2022.
Next Purpose: C/S HEARING
Next Hearing Date: 19-04-2022
Date: 19-04-2022
Business: Adv Mr. Mangesh Bansod present for plff.
None present for deft.
Third party applicant Shabana in Ch/s is present and seeks adjournment.
Adv for plff has no objection.
By consent, matter is adjd. for Ch/s hearing to 16.06.2022.
Next Purpose: C/S HEARING
Next Hearing Date: 16-06-2022
Date: 16-06-2022
Business: Preciding Officer is on Leave.
Next Purpose: C/S HEARING
Next Hearing Date: 28-07-2022
Date: 16-06-2022
Business: Preciding Officer is on Leave.
Next Purpose: C/S HEARING
Next Hearing Date: 28-07-2022
Date: 16-06-2022
Business: Preciding Officer is on Leave.
Next Purpose: C/S HEARING
Next Hearing Date: 28-07-2022
Date: 28-07-2022
Business: Adv. Mangesh Bansode for plaintiff present.
None present for defendant & applicants. No argument of the applicants & Ch/s. heard the ld. Adv. for the plaintiff in Ch/s.
Matter adjd to 28.09.2022 for Order in Ch/s.
Judge
Next Purpose: C/S HEARING
Next Hearing Date: 28-09-2022
Date: 28-09-2022
Business: Adv. Mangesh Bansode for plaintiff present.
Adv. A.A.Mulla for applicant is present.
None for defendants.
Advocate for applicant requested time to file compilation of document and for hearing of Ch/S.
Matter adjd to 05/12/2022 for Ch/S hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 05-12-2022
Date: 05-12-2022
Business: Adv.Jyoti Jadhav i/b.Law Loyals for plaintiff present.
Applicant No.2 in ch/s. Present.
None present for deft.
The applicant requested to keep the suit as she want to file documents.
KB
LO at 04.20 pm
Adv.A.N. Mulla for applicants in chamber summons present
KB
LO at 05.45 pm
Adv.A.N. Mulla for applicants in chamber summons present and requested time to file compilation of documents. Time granted.
Matter adjd to 14.02.2023 for filing compilation of documents.
Next Purpose: C/S HEARING
Next Hearing Date: 14-02-2023
Date: 05-12-2022
Business: Adv.Jyoti Jadhav i/b.Law Loyals for plaintiff present.
Applicant No.2 in ch/s. Present.
None present for deft.
The applicant requested to keep the suit as she want to file documents.
KB
LO at 04.20 pm
Adv.A.N. Mulla for applicants in chamber summons present
KB
LO at 05.45 pm
Adv.A.N. Mulla for applicants in chamber summons present and requested time to file compilation of documents. Time granted.
Matter adjd to 14.02.2023 for filing compilation of documents.
Next Purpose: C/S HEARING
Next Hearing Date: 14-02-2023
Date: 05-12-2022
Business: Adv.Jyoti Jadhav i/b.Law Loyals for plaintiff present.
Applicant No.2 in ch/s. Present.
None present for deft.
The applicant requested to keep the suit as she want to file documents.
KB
LO at 04.20 pm
Adv.A.N. Mulla for applicants in chamber summons present
KB
LO at 05.45 pm
Adv.A.N. Mulla for applicants in chamber summons present and requested time to file compilation of documents. Time granted.
Matter adjd to 14.02.2023 for filing compilation of documents.
Next Purpose: C/S HEARING
Next Hearing Date: 14-02-2023
Date: 14-02-2023
Business: Adv.Mangesh Bansod for plaintiff present.
Adv.A.N. Mulla for applicant in ch/s.1303/21 present and filed compilation of documents in two parts in support of chamber summons. TOR and marked as Exh.6 (colly.). Copies of same are received by plaintiff.
The plaintiff wants to file additional affidavit. The defendant and the plaintiff wants to make additional submission in the chamber summons.
Matter adjd to 03.04.2023 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-04-2023
Date: 03-04-2023
Business: Adv.Sumit Bansod for plaintiff present.
None present for defendant.
Adv.A. N. Mulla for applicant in chamber summons present.
KB
LO at 03.55 pm
Same appearance.
Adv.A. N. Mulla for applicant in chamber summons filed draft notice of motion (set aside)alongwith affidavit.
O-Leave granted to register draft chamber summons.
Matter adjd to 12.07.2023 for reply.
Next Purpose: REPLY
Next Hearing Date: 12-07-2023
Date: 12-07-2023
Business: Adv. Sumit Bansol i/b Law Loyals for plaintiff present.
Adv. A. N. Mulla for applicant in NM and proposed defendant present and filed registered NM No.1841/23 along with affidavit in support t.o.r.
Matter is adjd.to 05-09-2023 for NM Reply.
Next Purpose: REPLY
Next Hearing Date: 05-09-2023
Date: 05-09-2023
Business: Adv. Mangesh Bansode for plaintiff present.
Adv. Mulla for proposed defendant present.
Matter is adjd.to 13-10-2023 for reply.
Next Purpose: REPLY
Next Hearing Date: 13-10-2023
Date: 13-10-2023
Business: Plaintiff no. 2 in person present.
None for defendant
Adv. A. N. Mulla for intervener present.
Matter is adjd.to 24-11-2023 for Reply.
Next Purpose: REPLY
Next Hearing Date: 24-11-2023
Date: 24-11-2023
Business: plaintiff no. 2 present.
Applicant no. 2 in CS No. 1303/21 present.
Matter is adjourned to 20-12-2023 for Reply.
Next Purpose: REPLY
Next Hearing Date: 20-12-2023
Date: 20-12-2023
Business: None present for both sides.
Matter is adjourned to 16-02-2024 for Reply.
Next Purpose: REPLY
Next Hearing Date: 16-02-2024
Date: 16-02-2024
Business: Adv. Sumit for plaintiff present.
None for defendant
Adv. Mulla for intervener present.
By consent Matter is adjourned to 26-04-2024 for Reply.
Next Purpose: REPLY
Next Hearing Date: 26-04-2024
Date: 26-04-2024
Business: Adv. Sumeet Bansod for plaintiff present
Adv. Mulla for intervener present.
Matter is adjourned to 27-06-2024 for reply.
Next Purpose: REPLY
Next Hearing Date: 27-06-2024
Date: 27-06-2024
Business: Adv. Sumit Bansod for plaintiff present.
Adv. Mulla for intervenor present.
Matter is adjourned to 20-09-2024 for reply.
Next Purpose: REPLY
Next Hearing Date: 20-09-2024
Date: 20-09-2024
Business: Plaintiff No.2 in person present.
Adv. A.N. Mulla a/w intervener present .
Defendant absent.
Matter is adjourned to 29.11.2024 for CS hearing and NM reply.
Next Purpose: C/S HEARING
Next Hearing Date: 29-11-2024
Date: 20-09-2024
Business: Plaintiff No.2 in person present.
Adv. A.N. Mulla a/w intervener present .
Defendant absent.
Matter is adjourned to 29.11.2024 for CS hearing and NM reply.
Next Purpose: C/S HEARING
Next Hearing Date: 29-11-2024
Date: 20-09-2024
Business: Plaintiff No.2 in person present.
Adv. A.N. Mulla a/w intervener present .
Defendant absent.
Matter is adjourned to 29.11.2024 for CS hearing and NM reply.
Next Purpose: C/S HEARING
Next Hearing Date: 29-11-2024
Date: 29-11-2024
Business: Court is on leave.
Next Purpose: C/S HEARING
Next Hearing Date: 07-01-2025
Date: 07-01-2025
Business: Adv. Sumeet Bansod for plaintiff present and tendered reply on NM No.1841/23. It is taken on record and marked as Exh.7
Copy of the same furnished to other side.
Adv. Mulla for intervener present.
Matter is adjourned for hearing to 06.03.2025.
Next Purpose: HEARING
Next Hearing Date: 06-03-2025
Date: 07-01-2025
Business: Adv. Sumeet Bansod for plaintiff present and tendered reply on NM No.1841/23. It is taken on record and marked as Exh.7
Copy of the same furnished to other side.
Adv. Mulla for intervener present.
Matter is adjourned for hearing to 06.03.2025.
Next Purpose: HEARING
Next Hearing Date: 06-03-2025
Date: 07-01-2025
Business: Adv. Sumeet Bansod for plaintiff present and tendered reply on NM No.1841/23. It is taken on record and marked as Exh.7
Copy of the same furnished to other side.
Adv. Mulla for intervener present.
Matter is adjourned for hearing to 06.03.2025.
Next Purpose: HEARING
Next Hearing Date: 06-03-2025
Date: 06-03-2025
Business: None for plaintiff.
None for defendant.
Matter is adjourned to 03.04.2025 for hearing.
Next Purpose: HEARING
Next Hearing Date: 03-04-2025
Date: 03-04-2025
Business: Plaintiff NO. 2 in person present.
Intervenor present.
Matter is adjourned for hearing to 25-06-2025 .
Next Purpose: HEARING
Next Hearing Date: 25-06-2025
Date: 25-06-2025
Business: Court is on leave.
Next Purpose: HEARING
Next Hearing Date: 14-08-2025
Date: 14-08-2025
Business: None for plaintiff.
None for defendant.
KB
Later on at 3.50 pm
Adv. Sumit Bansod for plaintiff present.
Adv. A. N. Mulla fo proposed defendant present.
Heard both sides.
The proposed defendant has taken this notice of motion to set aside ‘No argument order’ passed against him on 28.07.2022. The proposed defendant states that he is tenant of the present plaintiff for last 75 years. He is regularly paying the rent to the landlord. There are several litigation pending between them in various courts. The plaintiff is filing one case after another against him and trying to harass him. He states that he should be allowed to argue on notice of motion, otherwise he would suffer irreparable loss. So, he has prayed to set aside the “NO argument order” allow him to argue on the notice of motion. He states that he has good case on merits and he has every hope of success in this matter.
The advocate for the plaintiff has strongly opposed this notice of motion and prayed to dismissal. The plaintiff states that the tenancy with the proposed defendant is already terminated, the suit premises is not in possession of the defendant and he has failed to prove his possession in the premises. He states that there is long delay in filing this notice of motion, which is not properly explained. So, he has prayed to dismiss this notice of motion.
I am of the view that the proposed defendant should be allowed to argue in the chamber summons no.1303/2021. If he is not allowed to argue, he would suffer prejudice and irreparable loss. On the other hand if the proposed defendant is heard,no loss will be caused to the plaintiff. Accordingly I allow the notice of motion and pass the following order :
1. The notice of motion no.1841/2023 is hereby allowed.
2. The ‘No argument order’ passed in CS No. 1303/2021, dtd.28.07.2022 is hereby set aside subject to costs of Rs.500/- only to be paid to the plaintiff on or before next date.
3. The proposed defendant will be allowed to argue only after payment of costs to the plaintiff.
4. The notice of motion no.1841/2023 is disposed of.
Later on at 5.25 pm
Adv. A. N. Mulla for proposed defendant present and filed pursis regarding compliance of order dtd.14.08.2025. It is taken on record and marked as Exh.8. O- Seen and filed.
Matter is adjourned to 24.09.2025 for compliance / hearing on CS No. 1303/2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 24-09-2025
Date: 24-09-2025
Business: Court is on leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 27-10-2025
Date: 27-10-2025
Business: Adv. Shruti Shinde for plaintiff present
Adv. A. N. Mulla for intervener present.
Matter is adjourned to 16.01.2026 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 28-11-2025
Date: 28-11-2025
Business: CORAM : H.H.J. SHRI. P. G. BHOSALE (C.R. NO.62)
NOT ON BOARD TAKEN ON BOARD.
There is possibility of amicable settlement between the parties. Hence, Matter is referred to lok-adalat on court motion scheduled on 13-12-2025 for amicable settlement.
Matter is adjourned to 13-12-2025 for Lok-adalat.
Judge
Next Purpose: Lok-Nyayalay
Next Hearing Date: 13-12-2025
Date: 13-12-2025
Business: Matter pertains to C.R. No. 62.
None present for Plaintiff.
None present for Defendant.
Matter not settled before Lok-Adalat.
Matter adjourned to 12/02/2026.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 12-02-2026
Date: 12-02-2026
Business: CORAM : H.H.J. SHRI. N. V. JIWANE (C.R. NO.62)
Adv. Sumeet Bansod for plaintiff present.
None for defendant.
None for intervenor.
Ld. advocate for plaintiff submitted that writ of summons was served on defendant no. 1 and 2 vide bailiff report dated 08/12/2020 and 12/10/2021 and till date they did not appear. Hence, the suit is proceeded exparte against defendant no. 1 and 2.
Ld. advocate for plaintiff submitted that order dated 14/08/2025 is complied by intervenor.
Matter is adjourned to 22.04.2026 for hearing on CS 1303/2021.
Next Purpose: C/S HEARING
Next Hearing Date: 22-04-2026
Date: 22-04-2026
Business: P.O. is on leave
Next Purpose: C/S HEARING
Next Hearing Date: 12-06-2026
Date: 12-06-2026
Business: CORAM : H.H.J. SMT. S. S. NAGUR (C.R. NO.62)
Matter called at 03.42 pm
Adv. Sumeet Bansod i/b Law Loyals for plaintiff present.
None for defendant.
Adv. A. N. Mulla for proposed defendant present.
Kept Back.
Later on at 04.35 pm
Adv. Sumeet Bansod i/b Law Loyals for plaintiff present.
None for defendant.
Adv. A. N. Mulla for proposed defendant present.
Heard advocate for proposed defendant on CS No. 1303/2021.
Matter is adjourned to 04.07.2026 for CS order.
Next Purpose: CH/S ORDERS
Next Hearing Date: 04-07-2026
Date: 04-07-2026
Business: P. O. is on leave.
Next Purpose: CH/S ORDERS
Next Hearing Date: 14-08-2026
Date: 14-08-2026
Business: P.O. IS ON OFFICIAL TRAINING.
Next Purpose: CH/S ORDERS
Next Hearing Date: 19-08-2026
Date: 19-08-2026
Business: P.O. IS ON LEAVE.
Next Purpose: CH/S ORDERS
Next Hearing Date: 01-10-2026Additional Case Details
Additional Case Details
Filing Number: 101571/2020 Filing Date: 04-02-2020 First Hearing Date: 13th March 2020 Court Number And Judge: 62-COURT 62 AD-HOC ADDL SESSIONS JUDGE
Orders
0No order text is available in this record.
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