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SUIT - SHORT CAUSE CIVIL SUIT

Arshad Shamsuddin PatelVsFarooq Shamsuddin Patel +3 more

CNR MHCC01002114201865-COURT 65 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 18th February 2025

TrustJury record updated 09 Sept 2026

Case Overview

Registration Number
101528/2018
Registration Date
21 Jun 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    5

    Petitioner

    1. 1Arshad Shamsuddin Patel

    Respondent

    1. 1Farooq Shamsuddin Patel
    2. 2Kwaja Shamsuddin Patel
    3. 3Zulekha Nizamuddin Shaikh
    4. 4Sadique Shamsuddin Patel

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 16(b)

    Case History / Proceedings

    Case History
    Date: 12-07-2018
Business: Adv.Mr.Parmar for Plff present
Deft.no.1 present. Adv.absent.
Adjd.for service on 12.09.2018.
Next Purpose: SERVICE
Next Hearing Date: 12-09-2018

Date: 12-09-2018
Business: Plff.and Adv.Mr.Aashish Gupta for Plaintiff present.
He filed affidavit of service t.o.r.
Defendant no.2 present.
Copy served to defendant no.2.
Plff and defendants are close relatives ie brothers and sisters.  The suit is for partition and separate possession.  Both the parties present consented for referring the matter to Lokadalat. Considering the nature of the suit, suit is referred for National Lokadalat scheduled on 08.12.2018.  Parties are directed to attend National Lokadalat at 10.00 am.
Issue notice to both the parties through Bailiff.
Next Purpose: SERVICE
Next Hearing Date: 04-10-2018

Date: 04-10-2018
Business: By Precipee
None for Plaintiff.
Adv.Mr.M.S.Ansari for Deft no.1 present and filed vakalatnama t.o.r.and marked at Exh.2.
Adv.for defendant tendered draft N/m along with affidavit t.o.r.  Leave granted to register.  Returnable on next date.
Matter already adjd on 08.12.2018 for Lokadalat.
Next Purpose: SERVICE
Next Hearing Date: 08-12-2018

Date: 08-12-2018
Business: None for adv. present.
Plff. present.
Deft. no. 1 to 3 present.
Matter not settled.
In view of this matter be sent back to regular court. Parties are directed to attend regular court on dt. 24.01.2019
Next Purpose: SERVICE
Next Hearing Date: 24-01-2019

Date: 24-01-2019
Business: Adv. Ashish Gupta for Plaintiff present.
Plff present.
Deft no.1 present.
Adj for written statemen of Defendant no.1 and service to other Defendants to 14.03.2019.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 14-03-2019

Date: 14-03-2019
Business: Adv. Omprakash for Plaintiff present.
Deft no. 1 and 2 failed to file WS.
Suit to proceed without WS against Defendant no.1 and 2.
Plff has to take steps for service of writ of summons upon rest of Defendant.
Adj for service to 20.06.2019.
Next Purpose: SERVICE
Next Hearing Date: 20-06-2019

Date: 20-06-2019
Business: Plff and Adv absent.
Son of Plaintiff present.
Deft no.1 is present. Adv absent.
Adj for service of rest of defendants to 05.08.2019.
Next Purpose: SERVICE
Next Hearing Date: 05-08-2019

Date: 05-08-2019
Business: Plaintiff present.
Defendant absent.
Plaintiff is directed take steps for service of writ of summons for Defendant no 3 and 4.
Plaintiff and Defendant no.2 and 3 senior citizen
In view of office order No. 138 of 2019 dt. 12/07/2019, present case is to be forwarded to Cr. No. 7.
Transfer to C. R. No. 7
Adjd. To 17.09.19 for Service
Next Purpose: SERVICE
Next Hearing Date: 17-09-2019

Date: 17-09-2019
Business: Adv.J.V.Pawar for plaintiff present.
Defendant and his advocate absent.
Matter is adj for service on 24/10/19.
Next Purpose: SERVICE
Next Hearing Date: 24-10-2019

Date: 24-10-2019
Business: Matter called out(12.10pm)
Adv.J.V. Parmar i/b Adv.Ashish Gupta for plaintiff present seeking time to serve defendan no.2 and 3.
Defendant no.1 in person present.
Matter is adj to 21/12/19 for filing service report.
Next Purpose: SERVICE
Next Hearing Date: 21-12-2019

Date: 21-12-2019
Business: Matter is called out at 11.48am
Adv.J.V.Parmar i/b Ashish Gupta for plaintiff present seeking time to serve to defendant no.3. Time granted.
Defendant no.1 in person present.
Matter is adj to 19/03/2020 for filing service report.
Next Purpose: SERVICE
Next Hearing Date: 19-03-2020

Date: 19-03-2020
Business: None for plaintiff.
None for defendants.
In view of the advisory to subordinate courts and office order no. 66 /2020 of Hon''ble Principal Judge, Bombay City Civil Court in the back drop of outbreak of coronavirus (2019-Ncov) the matter is adjourned.
Next Purpose: SERVICE
Next Hearing Date: 04-07-2020

Date: 04-07-2020
Business: Case is adjd. In view of declaration of Noval Corona Virus(COVID 19)
Next Purpose: SERVICE
Next Hearing Date: 30-09-2020

Date: 30-09-2020
Business: In view of the Standard Operating Procedure laid down by Hon''ble Bombay High Court vide circulars dtd. 03.06.2020, 05.09.2020, 10.09.2020 in the wake of spread of COVID-19 pandemic the matter is adjourned owing to absence of the  parties.
Next Purpose: SERVICE
Next Hearing Date: 09-11-2020

Date: 09-11-2020
Business: In view of the Standard Operating Procedure laid down by Hon''ble Bombay High Court vide circulars dtd. 03.06.2020, 05.09.2020, 10.09.2020 in the wake of spread of COVID-19 pandemic the matter is adjourned owing to absence of the  parties.
Next Purpose: SERVICE
Next Hearing Date: 03-02-2021

Date: 03-02-2021

Date: 28-04-2021
Business: In view of office order No. 81/2021 dtd. 17.04.2021  of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai pursuant to circular dtd. 16.04.2021 issued by Hon\''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of exponential surge in COVID-19 cases and the views of stakeholders, the matter is adjourned.
Next Purpose: DISMISSAL
Next Hearing Date: 10-06-2021

Date: 10-06-2021
Business: Due to COVID-19 pandemic, matter is adjourned.
Next Purpose: DISMISSAL
Next Hearing Date: 24-08-2021

Date: 24-08-2021
Business: Defendant No. 1 present.
Adv. for plaintiff present.
Adjd for dismissal order against defendant No. 3 and 4 as plaintiff is not taking steps to 17/12/2021
Next Purpose: DISMISSAL
Next Hearing Date: 17-12-2021

Date: 17-12-2021
Business: Dt.17/12/2021
Suit 1528/18
IN THE COURT OF H.H.J. SMT. S. S. NAGUR JUDGE CITY CIVIL COURT C.R. NO. 04
At 11.01 am
Adv. J. V. Parmar for plaintiff present.
None for defendants.
Plaintiff present.
Adv. For plaintiff requested for adjournment for taking steps to serve defendant No. 3 and 4. Granted as last chance.
Adjd for taking steps to 28/02/2022
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 28-02-2022

Date: 28-02-2022
Business: Adv. J. V. Parmar for plaintiff present.
Adv. For plaintiff stated that the writ of summons was to be served to defendant No. 3 , he is present in the court.
Adjd for taking steps as last chance to 16/06/2022
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-06-2022

Date: 16-06-2022
Business: Adv. Aashish Gupta along with plaintiff present.
Defendants no. 1 and 4 present.
Defendant no. 2 and 3 absent.
Matter is adjd.to 29-07-2022 for steps against deft. no.
3.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 29-07-2022

Date: 29-07-2022
Business: Plaintiff in person present.
Defendants no.1 and 4 present.
Defendants no.2 and 3 absent.
Matter is adjd.to 04-10-2022 for steps against defendant no.3.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 04-10-2022

Date: 04-10-2022
Business: Plaintiff in person present.
Defendant no. 4 in person present.
None for defendants no.  1 to 3
Matter is adjd.to 22-12-2022 for steps against deft. no. 3
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 22-12-2022

Date: 22-12-2022
Business: Court is on leave
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 08-03-2023

Date: 08-03-2023
Business: plaintiff in person is present.
Defendants no. 1 and 2 in person are present.
None for defendants no 3 and 4.
Matter is adjd.to 23-06-2023 for steps against defendant no.3.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 23-06-2023

Date: 23-06-2023
Business: P. O. is on leave, matter adjourned to
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 28-08-2023

Date: 28-08-2023
Business: Plaintiff in-person present and his advocate absent seek time to serve on defendant no. 3.
Adv.  Ansari For defendant no. 1, 2 and 4 present and filed VP TOR marked as Exh.03.
Matter adjourned for steps against defendant no. 3. to 18.10.2023.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-10-2023

Date: 18-10-2023
Business: Plaintiff present, his advocate absent.
Plaintiff seek adjournment for taking steps to serve writ of summons on defendant. O-Adjournment granted till next date.
Matter adjourned for taking steps to 22/01/2024.
L. O.
Defendant no. 4 present and filed application. TOR, and marked as Exh. 4.
Already matter adjourned to 22/01/2024 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 22-01-2024

Date: 22-01-2024
Business: None for Plaintiff present.
None for defendants No.1 to 4 present.
Later on at 11.45 am.
Plaintiff in person present.
Matter stands adjourned on 23.04.2024 for taking steps for service
of writ of summons on defendant No.3.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 23-04-2024

Date: 23-04-2024
Business: Plaintiff in person present.
Defendant No.1 in person present.
None for defendants No.2 to 4 present.
Matter stands adjourned on 02.08.2024 for taking steps for service of writ of summons on defendant No.3.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 02-08-2024

Date: 02-08-2024
Business: Plaintiff present his Adv. absent.
None for defendant present.
Matter adjourned for taking steps to serve writ of summons to defendant No.3
Matter stands adjourned on 16/10/2024  for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 09-09-2024

Date: 09-09-2024
Business: Not On Board, Taken On Board
There is element of settlement of dispute between parties.
Hence, matter is kept in Lok-Adalat scheduled on 28.09.2024.
Accordingly, issue notice to all parties to suit.
Matter stands adjourned on 28.09.2024 for Lok-Adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 28-09-2024

Date: 28-09-2024
Business: Matter pertains to C.R. No. 65
None present for Plaintiff
Defendant no.
Matter adjd to 16.10.2024.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 16-10-2024

Date: 16-10-2024
Business: Presiding Officer is on leave.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 20-12-2024

Date: 20-12-2024
Business: CORAM :- H.H.J. SHRI. PRASHANT C. KALE (CR.65)
None for plaintiff present.
None for defendant present.
It is appears that, plaintiff is not interested for proceeding with the suit. Hence, posted for dismissal order.
Matter stands adjourned on 18.02.2025 for Dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 18-02-2025

Date: 18-02-2025
Business: None for plaintiff present.
Adv. Sayyed Huma for defendant No. 1 to 4 present.
Keep Back.
Later on.
Case is fixed for dismissal order. Plaintiff had not taken steps for proceeding with suit. Today also plaintiff and his Adv. are absent. It appears that plaintiff is not interested in proceeding with case. Hence, I proceed to pass following order.
ORDER PASSED BELOW EXHIBIT-1.

1.Suit No.1528/2018 is dismissed in default and for want of prosecution.
2.Parties to bear their own costs.
3.Parties to take note.
4.Proceeding of Suit No.1528/2018 is closed.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 18-02-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 102229/2018
Filing Date: 09-02-2018
First Hearing Date: 12th July 2018
Decision Date: 18th February 2025
Court Number And Judge: 65-COURT 65 ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1
    18 Feb 2025
    Order Details: Other
Pdf Text: Daily Status
IN THE COURT OF :COURT 65 ADDL SESSIONS JUDGE
Case No. :SUIT/0101528/2018
Arshad Shamsuddin Patel Vs 1.Farooq Shamsuddin Patel 2. Kwaja Shamsuddin Patel 3. Zulekha
Nizamuddin Shaikh
Date : 18-02-2025
Business : None for plaintiff present. Adv. Sayyed Huma for defendant
No. 1 to 4 present. Keep Back. Later on. Case is fixed for
dismissal order. Plaintiff had not taken steps for proceeding
with suit. Today also plaintiff and his Adv. are absent. It
appears that plaintiff is not interested in proceeding with case.
Hence, I proceed to pass following order. ORDER PASSED
BELOW EXHIBIT-1. 1.Suit No.1528/2018 is dismissed in
default and for want of prosecution. 2.Parties to bear their
own costs. 3.Parties to take note. 4.Proceeding of Suit
No.1528/2018 is closed.
Nature of Disposal : DISMISSED IN DEFAULT
Disposal Date : 18-02-2025
-- 1 of 1 --
    Order 1
    18 Feb 2025
    Order Details: Other
Pdf Text: Daily Status
IN THE COURT OF :COURT 65 ADDL SESSIONS JUDGE
Case No. :SUIT/0101528/2018
Arshad Shamsuddin Patel Vs 1.Farooq Shamsuddin Patel 2. Kwaja Shamsuddin Patel 3. Zulekha
Nizamuddin Shaikh
Date : 18-02-2025
Business : None for plaintiff present. Adv. Sayyed Huma for defendant
No. 1 to 4 present. Keep Back. Later on. Case is fixed for
dismissal order. Plaintiff had not taken steps for proceeding
with suit. Today also plaintiff and his Adv. are absent. It
appears that plaintiff is not interested in proceeding with case.
Hence, I proceed to pass following order. ORDER PASSED
BELOW EXHIBIT-1. 1.Suit No.1528/2018 is dismissed in
default and for want of prosecution. 2.Parties to bear their
own costs. 3.Parties to take note. 4.Proceeding of Suit
No.1528/2018 is closed.
Nature of Disposal : DISMISSED IN DEFAULT
Disposal Date : 18-02-2025
-- 1 of 1 --

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