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SUIT - SHORT CAUSE CIVIL SUIT

Akil Iqbal Shaikh +1 moreVsSarfaraz Hussain Shaikh +1 more

CNR MHCC0100164620193-COURT 03 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--WITHDRAWL
Decision Date: 29th August 2026

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
100446/2019
Registration Date
21 Feb 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    4

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 14-03-2019
    Business: Plaintiff in person present. His advocate absent.
    Defendant no.1 present and seeks time to engage advocate. Time granted.
    Issue writ of summons to other defendants.
    Matter adj. for Writ of Summons and Compliance to 22.07.2019.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 05-07-2019
    
    Date: 05-07-2019
    Business: By praecipe matter is taken on today\''s board.
    Adv.  Anushka Nagpal for defendant no. 2 present and she undertakes to file VP on next date. She filed two draft NM along with affidavits. One for seeking rejection of the plaint and other for condonation of delay in filing WS. Leave granted to register two draft NM. She undertakes to serve the copy on other sides.
    In view of the above, time granted to filing VP and Matter already Adj to 22.07.19 for reply to NM.
    Next Purpose: REPLY
    Next Hearing Date: 22-07-2019
    
    Date: 22-07-2019
    Business: Plaintiff no. 2 present.
    Adv. Vora for defendant no. 2 present and filed VP and original NM no. 2555/19 and 2556/19 along with affidavit. Copy served on defendant.
    Vakalatnama filed on behalf of defendant no.2.
    Matter stands Adj for reply to NM on  18.09.19.
    Next Purpose: REPLY
    Next Hearing Date: 18-09-2019
    
    Date: 18-09-2019
    Business: Plaintiff present and tendered original writ of summons.
    Defendants are served with writ of summons by RPAD as per postal receipt filed with the original writ of summons but, are absent.
    Matter stands Adj for appearance and reply to NM on 11.11.19.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 11-11-2019
    
    Date: 11-11-2019
    Business: Plaintiff present and submitted reply in NM no. 2556/19 along with copy for the other side. R and R.
    Adv. for defendant present.
    On oral request, Matter stands Adj for NM hearing to 10.12.19.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-12-2019
    
    Date: 10-12-2019
    Business: Plaintiff present in person.
    Adv. Vora for defendant no.2  present.
    Court is busy in dictating order in st. no. 12457/19. and suit no. 1337/19.
    Matter stands Adj for NM hearing to 06.02.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-02-2020
    
    Date: 06-02-2020
    Business: Plaintiff present in person and submitted that his advocate is busy in another matter. Hence, paryed for adjournment. Adjournment granted.
    None present for defendant
    Matter stands Adj for hearing on NM to 03.04.2020.
    Later on
    Adv. Anushka Nagpal for defendant no. 2 present.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-04-2020
    
    Date: 03-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-04-2020
    
    Date: 17-04-2020
    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: NM FOR HEARING
    Next Hearing Date: 06-05-2020
    
    Date: 06-05-2020
    Business: In view of declaration of Novel Corona Virus(COVID-19) as global pandemic by WHO and as per office order No. 77 of 2020, matter adjourned.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-05-2020
    
    Date: 28-05-2020
    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: NM FOR HEARING
    Next Hearing Date: 15-06-2020
    
    Date: 15-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-09-2020
    
    Date: 28-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-10-2020
    
    Date: 17-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-12-2020
    
    Date: 15-12-2020
    Business: None present for plaintiff and defendant.
    Matter stands Adj for hearing on NM to 06.02.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-02-2021
    
    Date: 06-02-2021
    Business: Advocate Jaiswal h/f adv. Khan Javed Akhtar for plaintiff present and seeks time. Time granted as last opportunity.
    Advocate Faizal Vora for defendant no. 2 present.
    The case is adjourned to 15.03.2021  for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-03-2021
    
    Date: 15-03-2021
    Business: Advocate Amit Jaiswal for plaintiff present.
    Advocate Fauzan h/f adv. Manwani for defendants present.
    The case is adjourned to 18.03.2021  for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-03-2021
    
    Date: 18-03-2021
    Business: As Court is busy in recording evidence in SU No. 2851/15,hence the board is discharged.
    The case is adjourned to 24.03.2021  for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-03-2021
    
    Date: 24-03-2021
    Business: Advocate Asif Shaikh for plaintiff present.
    None for defendant.
    Clerk of advocate for defendant no.2 submitted that advocate for defendant no.2 is not feeling well.
    The case is adjourned to 29.04.2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-04-2021
    
    Date: 29-04-2021
    Business: Adjourned due to COVID-19 pandemic.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-07-2021
    
    Date: 23-07-2021
    Business: Court is vacant.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-10-2021
    
    Date: 01-10-2021
    Business: Plaintiff in person present.
    Adv. Shilpa Hadwale for Deft. No. 2 present.
    As court is busy in hearing final arguments in SU No.3002/04 and evidence in SU 26/10.
    Matter stands adjourned to 18.11.2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-11-2021
    
    Date: 18-11-2021
    Business: Court is on leave. Board is discharged.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-01-2022
    
    Date: 17-01-2022
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-02-2022
    
    Date: 24-02-2022
    Business: Matter called out at 3.40 p.m.
    Plaintiff in person present.
    None present for defendant.
    Matter stands adjourned to 10.06.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-06-2022
    
    Date: 10-06-2022
    Business: Plaintiff in person present.
    Adv. Faisal Vora for Deft. no.2 present.
    Plaintiff is directed to supply copy of reply to the Deft. no.2.
    Plaintiff is given understanding to remain present with counsel on next date.
    Matter stands adjourned to 18.08.2022 for NM reply/hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-08-2022
    
    Date: 18-08-2022
    Business: None present for plaintiff.
    Adv. Faisal Vora for Deft. no.2 present.
    Matter stands adjourned to 04.11.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-11-2022
    
    Date: 04-11-2022
    Business: None present.
    Matter stands adjourned to 12.01.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-01-2023
    
    Date: 12-01-2023
    Business: Court is on Leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-03-2023
    
    Date: 01-03-2023
    Business: Plaintiff No.2 a/w Adv. Rehan Ansari I/b Adv. Akhtar present. He tendered vakalatnama. TOR. Exh-03.
    None for defendant.
    Matter stands adjourned on 26.04.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-04-2023
    
    Date: 26-04-2023
    Business: None present for plaintiff.
    Defendant No.2 in person present.
    Matter stands adjourned on 05.08.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-08-2023
    
    Date: 05-08-2023
    Business: Adv Mohd. Ansari for Plaintiff present.
    Plaintiff no. 2 present.
    None for defendant present.
    Exh.4 Application for withdraw of suit with liberty to file fresh suit. O- other side to say. Matter stands adjourned on 27-09-2023 for filing say.
    Next Purpose: FILING SAY
    Next Hearing Date: 27-09-2023
    
    Date: 27-09-2023
    Business: Adv Khan Javed Akhtar for Plaintiff present.
    Adv for defendant present and seeks time to file reply to Exh.4. O- Time granted.
    Matter stands adjourned on 25-10-2023 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 25-10-2023
    
    Date: 25-10-2023
    Business: Adv Khan Javed Akhtar present for Plaintiff.
    Adv present for Defendant no.2.
    Exh. 5 Application by Adv for defendant no. 2 for adjournment. TOR. O- granted.
    Defendant no. 1 appeared in person on 14.03.2019, however he failed to file W.S. and suit is proceeded without W.S. of defendant no. 1.
    Matter stands adjourned on 20-11-2023 for NM reply.
    Next Purpose: REPLY
    Next Hearing Date: 20-11-2023
    
    Date: 20-11-2023
    Business: Advocate Aqsa Kazi h/f Adv Saeed Akhtar present for Plaintiff.
    Advocate Faizal Vora present for Defendant no. 2.
    Exhibit 5 Reply of defendant no. 2 to Exhibit 4. Taken On Record.
    Matter stands adjourned on 14-12-2023 for hearing on Exhibit 4.
    Next Purpose: HEARING
    Next Hearing Date: 14-12-2023
    
    Date: 14-12-2023
    Business: Adv. Ansari present for Plaintiff.
    He submits that he has not received copy of Exh.5.
    Defendant no.2 is directed to supply the copy to the plaintiff.
    None present for Defendant.
    Matter stands adjourned on 30.01.2024 for hearing.
    Later on at 03.20 p.m.
    Adv. Faizal Vora present for defendant No.2 and he tendered Notice
    of Motion along with affidvit in support.
    O.-Leave granted to register draft N/M.
    Original is returned to the party for registration.
    Matter stands adjourned on 30.01.2024 for hearing.
    Next Purpose: HEARING
    Next Hearing Date: 30-01-2024
    
    Date: 30-01-2024
    Business: P.O. is on leave.
    Next Purpose: HEARING
    Next Hearing Date: 01-03-2024
    
    Date: 01-03-2024
    Business: Adv. Nitesh Thorat h/f Adv. S. Akhtar for Plaintiff present.
    None  for defendant present.
    Heard the Ld. Adv for the plaintiff.
    None for the defendant, defendant is directed to argue on Exh.4 on next date without fail.
    Matter stands adjourned on 22-04-2024 for hearing on Exh.4.
    Next Purpose: HEARING
    Next Hearing Date: 22-04-2024
    
    Date: 22-04-2024
    Business: Adv. Saeed Akhtar along with Adv. Rehan Ansari along with Adv. Aqsa Kazi for Plaintiff present.
    Adv. Faisal Vora for defendant no.2 present and filed registered NM No. 4810/2023. Taken On Record.
    Copy of Exh.5 (reply) served upon plaintiff.
    Matter stands adjourned on 08-05-2024 for order.
    Next Purpose: ORDER
    Next Hearing Date: 08-05-2024
    
    Date: 08-05-2024
    Business: P. O. is on leave.
    Next Purpose: ORDER
    Next Hearing Date: 11-06-2024
    
    Date: 11-06-2024
    Business: P. O. is on leave.
    Next Purpose: ORDER
    Next Hearing Date: 13-08-2024
    
    Date: 13-08-2024
    Business: Adv. Rehan Ansari h/f Adv. Shardul for Plaintiff present.
    None for defendant present. .
    The plaintiff is directed to file separate affidavit about the contents of application below Exh.4 and its copy be served on the defendant.
    Matter stands adjourned on 11-10-2024 for affidavit.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 11-10-2024
    
    Date: 11-10-2024
    Business: Adv. Mr. Saeed Akhtar for plaintiff present.
    Husband of defendant No.2 present.
    Advocate for plaintiff filed affidavit of plaintiff  to Exh.4. T.O.R. It is marked as Exh.4-A.
    Matter stands adjourned on 10.12.2024 for filing say.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 10-12-2024
    
    Date: 10-12-2024
    Business: P.O. is on Leave.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 28-01-2025
    
    Date: 28-01-2025
    Business: P.O. is on Leave.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 21-03-2025
    
    Date: 21-03-2025
    Business: CORAM - H.H.J. SMT. A. B. SHARMA (CR. 03)
    Advocate Shardul C.J.T along with Saeed Akhtar for Plaintiff present.
    None for defendant present.
    Matter stands adjourned on 10.07.2025 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 10-07-2025
    
    Date: 10-07-2025
    Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
    Advocate Shaikh for Plaintiff present.
    Advocate Vora for defendant No.2 present.
    On request of both the parties matter is referred for mediation.
    Matter stands adjourned to 19-11-2025 for Mediation report.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 19-11-2025
    
    Date: 19-11-2025
    Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
    Advocate Shaikh for Plaintiff present.
    Advocate Faisal Vora for defendant No. 2 present.
    By consent, matter stands adjourned for mediation report to 27-01-2026.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 27-01-2026
    
    Date: 27-01-2026
    Business: None for Plaintiff present.
    None for defendant present.
    Mediation report received. Marked as Exhibit-6.  Mediation report not settled.
    Matter stands adjourned for draft issues to 11/03/2026.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 11-03-2026
    
    Date: 11-03-2026
    Business: CORAM - H.H.J. SHRI. S. M. BUKKE (CR. 03)
    Adv. Amza Shaikh for Plaintiff present and submitted that plaintiff intend to withdraw suit with liberty to file a fresh.
    None for defendant present.
    Matter stands adjourned for withdrawal of suit to 12.06.2026.
                                                                                                 Judge
    Next Purpose: WITHDRAWAL
    Next Hearing Date: 12-06-2026
    
    Date: 12-06-2026
    Business: CORAM - H.H.J. SHRI. S. M. BUKKE (CR. 03)
    Advocate Shaikh for Plaintiff present and submitted that plaintiff want to withdraw the suit.
    Advocate Faisal Vora for defendant No. 2 present and seeking time to file reply on the affidavit tendered by plaintiff.
    Matter stands adjourned for withdrawal of suit/reply to 29-07-2026.
    Next Purpose: WITHDRAWAL
    Next Hearing Date: 29-07-2026
    
    Date: 29-07-2026
    Business: CORAM - H.H.J. SHRI. S. M. BUKKE (CR. 03)
    Advocate Shaikh a/w Plaintiff present.
    Advocate Shrishti Panjabi for defendant No. 2 present.
    The defendant No. 2 has filed reply to Exh.4. Other defendant No. 1 has not filed reply. Application Exh.4 be kept for order.
    Matter stands adjourned for order to 12-08-2026.
    Next Purpose: ORDER
    Next Hearing Date: 12-08-2026
    
    Date: 12-08-2026
    Business: CORAM - H.H.J. SHRI. S. M. BUKKE (CR. 03)
    Advocate Shifa Farooqui a/w Plaintiff present.
    None for defendant present.
    Matter stands adjourned for order to 21-08-2026.
    Next Purpose: ORDER
    Next Hearing Date: 21-08-2026
    
    Date: 21-08-2026
    Business: CORAM - H.H.J. SHRI. S. M. BUKKE (CR. 03)
    None for Plaintiff present.
    Advocate Faisal Vora for defendant No.2 present.
    Court is busy in dictating Judgment in High Court Time Bound i.e. NDPS S Case No. 226/2015, 64/2017, 20/2019 and recording evidence in SPL CASE No. 1140/2021.
    Matter stands adjourned for order to 29-08-2026.
    Next Purpose: ORDER
    Next Hearing Date: 29-08-2026
    
    Date: 29-08-2026
    Business: CORAM - H.H.J. SHRI. S. M. BUKKE (CR. 03)
    None for Plaintiff present.
    None for defendant present.
    FRSR following Order is passed.
    ORDER
    1. Application Exh. 4 is allowed.
    2. In view of withdrawal application Exh. 4 the suit no. 446/2019 disposed of as withdrawn with liberty to file fresh suit.
    3. Court fees be refunded as per rule.
    4. No order as to cost.
    5. NM No. 2556/19, 2555/19, 4810/23 and Any draft NM, CS be disposed of as infructuous.
    Nature Of Disposal: WITHDRAWL
    Disposal Date: 29-08-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 101807/2019
    Filing Date: 12-02-2019
    First Hearing Date: 14th March 2019
    Decision Date: 29th August 2026
    Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    29 Aug 2026

    Order Details: Other Pdf Text: Suit no. 446-19 1 MHCC010016462019 Presented on : 12-02-2019 Registered on : 21-02-2019 Decided on : 29-08-2026 Duration : 7 y 6 m 8 d IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY S.C. SUIT NO. 446 of 2019 CNR No. MHCC010016462019 Akil Iqbal Shaikh and Anr. .. Plaintiffs Vs. Sarfaraz Hussain Shaikh and Anr. .. Defendants Appearances :- Ld. Adv. Shifa Farooqui for the Plaintiff. Ld. Adv. Faisal Vora for defendant No.2 CORAM:…

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