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SUIT - SHORT CAUSE CIVIL SUIT

Mr. Afak Ali Hamid Ali ShaikhVsMehmood Ali Hamid Ali Shaikh +3 more

CNR MHCC01002223201862-COURT 62 AD-HOC ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 15th November 2021

TrustJury record updated 09 Sept 2026

Case Overview

Registration Number
100478/2018
Registration Date
16 Feb 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    5

    Petitioner

    1. 1Mr. Afak Ali Hamid Ali Shaikh

    Respondent

    1. 1Mehmood Ali Hamid Ali Shaikh
    2. 2Kasim Ali Hamid ali Shaikh
    3. 3Rafiq Ali Hamid Ali Shaikh
    4. 4Mustak Ali Hamid Ali Shaikh

    Acts & Sections

    1
    Hindu Marriage Act · Sec 34 · 38

    Case History / Proceedings

    Case History
    Date: 09-03-2018
Business: The matter is already adjourned to 11.04.2018.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-04-2018

Date: 11-04-2018
Business: court is on leave
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-06-2018

Date: 28-06-2018
Business: Adv. for plff. present.
D/1 to 3 present.
Adv. for plff. tendered registered N/M No.808/18. t.o.r.
KB L.O. at 03.55 p.m.
Same appearance.
D/2 present.
Earlier order to continue till next date.
Matter is adjd. to 07.08.2018 for reply on N/M No.808/18.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-08-2018

Date: 07-08-2018
Business: Adv. for plff. present.
Adv. for D/1 to 4 present.
Adv. for D/1 to 4 filed reply on N/M No.808/18.
Exh.4 W/S of D/1 to 4 filed by adv. for defts.
Both the parties further agree to maintain status-quo about the construction.
Matter is adjd. to 12.09.2018 for hearing on N/M No.808/18.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-09-2018

Date: 12-09-2018
Business: Adv. for plff. present.
Adv. for deft. present.
On request of adv. for plff. Matter is adjd. to 25.9.18 for hearing on N.M.
earlier order to continue till next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-09-2018

Date: 25-09-2018
Business: Adv. for plff. present.
Adv. for deft. present.
The record is not traceable and court is also busy hearing ad-interim hearing matters including St. No. 12776/18.
Matter is adjd. to. 26.10.2018 for hearing on N/M
Earlier order to continue till next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-10-2018

Date: 26-10-2018
Business: Adv. S.K. Dubey for plff. present.
Adv. for deft. present.
Adv. for plff. filed rejoinder in N/M No. 808/18.
Matter is adjd. to. 17.01.2019 for hearing on N/M No.808/18
E.O. to continue till next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-01-2019

Date: 17-01-2019
Business: plff. is present. his adv. absent.
Adv. for deft. present.
On request of plff. Matter is adjd. to. 12.03.2019 for hearing on N/M No.808/18.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-03-2019

Date: 12-03-2019
Business: Adv. for plff. present.
D/1 and 2 are present.
D/3 and 4 are  absent.
On request of D/1 and 2 Matter is adjd. to. 18.04.2019 for hearing on N/M No.808/18.
E.O. to continue till next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-04-2019

Date: 18-04-2019
Business: Adv. for plff. present.
Adv. for D/1 to 4 present.
Matter is adjd. to. 25.07.2019 for hearing on N/M No.808/18
As the D/1 and 4 are Sr. citizens, as per the office order 66 of 2019 of Hon\''ble Principal Judge this matter will have to be transferred to Court Room No.09 constituted for cases pertaining to Sr. Citizens and accordingly this case be transferred to C.R.No.9. Parties to remain present on next date before C.R.No.09.
E.O. to continue till next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-07-2019

Date: 25-07-2019
Business: Adv. Mukesh Dubey present for Plaintiff.
Adv. Sagar Batavia present for Defendant No.1.
As the Court is busy in Hearing Arguments of Notice of motion in Suit No. 7488/83, hence Board is Discharged
Case is adjourned to 09/10/2019 for N/M. Hearing.
Earlier Order is Continue till Next Date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-10-2019

Date: 09-10-2019
Business: Court is busy in recording of evidence in suit no.6380/03 and dictating judgment in suit no.3857/99, hence case is adjourned to 12/12/2019.
Earlier order to continue till next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-12-2019

Date: 12-12-2019
Business: Adv. Mukesh Dubey for Plaintiff present.
None for defendant.
Case is adjourned to 04/03/2020 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-03-2020

Date: 04-03-2020
Business: None present for Plaintiff.
None present for Defendant.
Case is adjourned to 24/07/2020 for NM hearing.
L.O.
Advocate Mr. S. K. Dubey for Plaintiff present
Earlier order to continue till next date.
Case is already adjourned to 24/07/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-07-2020

Date: 24-07-2020
Business: Adjd. to 21.09.2020 due to Covid-19.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-09-2020

Date: 21-09-2020
Business: None present for plaintiff.
None present for Defendant.
Due to Corona it seems no parties turn to the court hence adjd. to 14/12/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-12-2020

Date: 14-12-2020
Business: court is on Leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-02-2021

Date: 14-12-2020
Business: court is on Leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-02-2021

Date: 26-02-2021
Business: None present for plaintiff and defendant.
As court is busy in other matters matter is adjourned for NM hearing to 27.04.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-04-2021

Date: 27-04-2021
Business: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-07-2021

Date: 23-07-2021
Business: Court is on Leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-09-2021

Date: 23-07-2021
Business: Court is on Leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-09-2021

Date: 06-09-2021
Business: None present for both the parties.
As nobody is present for the plff, N.M. No.808/2018 be kept for dismissal order on next date.
Matter is adjd. for NM dismissal to 15.11.2021.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 15-11-2021

Date: 15-11-2021
Business: Plff Afak Ali Hamid Ali Shaikh present in person with his ld. Adv. Shri Dubey and filed pursis at Exh.5 that plaintiff wants to withdraw the suit unconditionally.
None present for defts.
Verified the contents of the withdrawal pursis from the plaintiff who is present in person. He admitted the contents of said withdrawal pursis to be true, correct and admissible to him hence, withdrawal pursis is read, recorded and accepted.
O-In view of withdrawal pursis Exh.6 suit stands disposed off as withdrawn unconditionally by the plaintiff.  Pending Notice of Motion No.808/2018 stands disposed off as suit is withdrawn by the plaintiff. Court fees as per rules be refunded to the plaintiff.
Proceeding is closed.
Nature Of Disposal: WITHDRAWL
Disposal Date: 15-11-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 102412/2018
Filing Date: 13-02-2018
First Hearing Date: 09th March 2018
Decision Date: 15th November 2021
Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1
    15 Nov 2021
    Order Details: Other
Pdf Text: 15/11/2021 CORAM : H.H.J. SHRI P.P.RAJVAIDYA (C.R. NO.62)
72
SU 478/18
Exh.5
Plff Afak Ali Hamid Ali Shaikh present in person with his ld.
Adv. Shri Dubey and filed pursis at Exh.5 that plaintiff wants
to withdraw the suit unconditionally.
None present for defts.
Verified the contents of the withdrawal pursis from the plaintiff
who is present in person. He admitted the contents of said
withdrawal pursis to be true, correct and admissible to him
hence, withdrawal pursis is read, recorded and accepted.
O-In view of withdrawal pursis Exh.6 suit stands disposed off
as withdrawn unconditionally by the plaintiff. Pending Notice
of Motion No.808/2018 stands disposed off as suit is withdrawn
by the plaintiff. Court fees as per rules be refunded to the
plaintiff.
Proceeding is closed.
Judge
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    Order 1
    15 Nov 2021
    Order Details: Other
Pdf Text: 15/11/2021 CORAM : H.H.J. SHRI P.P.RAJVAIDYA (C.R. NO.62)
72
SU 478/18
Exh.5
Plff Afak Ali Hamid Ali Shaikh present in person with his ld.
Adv. Shri Dubey and filed pursis at Exh.5 that plaintiff wants
to withdraw the suit unconditionally.
None present for defts.
Verified the contents of the withdrawal pursis from the plaintiff
who is present in person. He admitted the contents of said
withdrawal pursis to be true, correct and admissible to him
hence, withdrawal pursis is read, recorded and accepted.
O-In view of withdrawal pursis Exh.6 suit stands disposed off
as withdrawn unconditionally by the plaintiff. Pending Notice
of Motion No.808/2018 stands disposed off as suit is withdrawn
by the plaintiff. Court fees as per rules be refunded to the
plaintiff.
Proceeding is closed.
Judge
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