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SUIT - SHORT CAUSE CIVIL SUIT

Mohammad Mehboob Ali Shaikh +3 moreVsThe Chief Commissioner +2 more

CNR MHCC0100247320198-COURT 08 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 16th November 2024

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
103003/2019
Registration Date
13 Nov 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    7

    Petitioner

    1. 1Mohammad Mehboob Ali Shaikh
    2. 2Smt. Hafeeza Begum
    3. 3Shri. Mohammad Hanif Shaikh
    4. 4Smt. Shahida Begum Mhom Ghouse

    Respondent

    1. 1The Chief Commissioner
    2. 2The Assistant Commissioner
    3. 3Dy. Collector

    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: 27-11-2019
Next Purpose: DIRECTIONS
Next Hearing Date: 17-12-2019

Date: 17-12-2019
Next Purpose: DIRECTIONS
Next Hearing Date: 17-02-2020

Date: 17-02-2020
Business: Adv. Jayashri Randhaye for plaintiff is present.
Adv. Chandramore for defendant no.1 and 2  is present. She seeks time for filing reply. O-Granted as a last chance.
Matter is adjd. for reply to 17/04/2020.
Next Purpose: REPLY
Next Hearing Date: 17-04-2020

Date: 17-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 06-05-2020

Date: 06-05-2020
Next Purpose: REPLY
Next Hearing Date: 28-05-2020

Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 15-06-2020

Date: 15-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 15-10-2020

Date: 15-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 20-01-2021

Date: 20-01-2021
Business: Both the parties and their advocates are absent.
Matter is adjd. to 12/04/2021 for NM reply.
Next Purpose: REPLY
Next Hearing Date: 12-04-2021

Date: 12-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 12-06-2021

Date: 12-06-2021
Business: due to covid-19
Next Purpose: REPLY
Next Hearing Date: 28-07-2021

Date: 28-07-2021
Business: due to covid-19
Next Purpose: REPLY
Next Hearing Date: 23-09-2021

Date: 23-09-2021
Business: None for plaintiff and defendant.
Matter is adjd. to 20.12.2021.
Next Purpose: REPLY
Next Hearing Date: 20-12-2021

Date: 20-12-2021
Business: As Court is busy in recording evidence in Suit No.5108/2012. Hence, board is discharged.
Matter is adjd. to 16-02-2022.
Next Purpose: REPLY
Next Hearing Date: 16-02-2022

Date: 16-02-2022
Business: None present for the plaintiff
Adv.Chandramore for defendant/BMC present.
Matter is adjd. to 29.04.2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-04-2022

Date: 29-04-2022
Business: None present for plaintiff.
Adv. Chandramore present for defendant no. 01 & 02 and sought time to file reply.
None present for defendant no. 03.
Matter adjourned for NM Reply to 27.07.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-07-2022

Date: 27-07-2022
Business: None present for plaintiff.
Adv. Chandramore present for defendant 01 and 02/MCGM and sought adjournment to file reply.
Matter adjourned for reply to 11/08/22.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-08-2022

Date: 11-08-2022
Business: As P.O. is on leave. Matter is adjd. to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-10-2022

Date: 12-10-2022
Business: As P. O. is on leave, matter is adjd.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-11-2022

Date: 17-11-2022
Business: None present for plaintiff.
Adv Chandramore present for defendant/MCGM and sought adjournment.
None present for defendant no. 03.
Matter adjourned for NM reply to 02.01.2023.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-01-2023

Date: 02-01-2023
Business: Adv. Kulkarni present for plaintiff.
Adv. Chandramore present for defendant no. 01 and 02/MCGM.
Plaint
Vakalatnama. O- Seen and filed.
Address Memo. O- R and R.
List of documents. O - Seen and filed
Affidavit in support of plaint
Adv. Kulkarni tendered vakalatnama on behalf of plaintiff. t.o.r marked as Exh.06.
None present for other defendant no. 03.
Adv. Chandramore sought time to file reply to nm.
Matter adjourned for proof of service to defendant no. 03 and nm reply/no reply order to 13/02/23.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-02-2023

Date: 13-02-2023
Business: Adv. Kulkarni for plaintiff present.
Adv. Chandra More for defendant no. 1 and 2 present and sought time to file reply.
None present for defendant no. 3.
Matter adjourned to 15.03.2023  for proof of service to defendant no. 3 and NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-03-2023

Date: 15-03-2023
Business: Adv. Kulkarni present for plaintiff and submitted that, service to defendant no. 03 is complete..
Adv. Chandramore present for defendant/MCGM.
None present for other defendants.
Matter adjourned for affidavit of service and reply to 20/04/2023.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-04-2023

Date: 20-04-2023
Business: Adv. kulkarni present for plaintiff and sought adjournment.
Adv. Chandramore present for defendant no. 1 and 2/MCGM and sought adjournment to file reply.
None present for other defendant no. 03.
Matter adjourned for affidavit of service and reply to 02/05/23.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-05-2023

Date: 02-05-2023
Business: As P.O. is on leave, matter is adjourned.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-07-2023

Date: 12-07-2023
Business: Adv. P.N. Kulkarni present for plaintiff.
None present for defendants.
Matter adjourned for Affidavit of service and reply to 18.08.2023.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-08-2023

Date: 18-08-2023
Business: None present for plaintiff.
Adv. Chandramore for defendant/BMC present.
Matter adjourned for Affidavit of service and reply to 10.10.2023.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 10-10-2023

Date: 10-10-2023
Business: As court is on leave board is discharged.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 30-10-2023

Date: 30-10-2023
Business: Adv. Kulkarni present for plaintiff.
Adv.Chandramore present for defendant/BMC.
Matter adjourned for Affidavit of service and reply to 19.12.2023.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 19-12-2023

Date: 19-12-2023
Business: None present for plaintiff.
Adv.Chandramore present for defendant/BMC.
Matter adjourned for Affidavit of service and reply to 06.03.2024.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 06-03-2024

Date: 06-03-2024
Business: None present for plaintiff.
Adv.Chandramore present for defendant/BMC.
Matter adjourned for Affidavit of service and reply to 03.05.2024.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-05-2024

Date: 03-05-2024
Business: Court is busy in dictating judgment in Suit No.2663/2022 and Suit No.849/2023. Stenographer is absent, substitute steno is not provided and Board Clerk is also absent. Therefore typist is typing judgment. Hence, board is discharged.
Matter adjourned for Affidavit of service and reply to 20.07.2024.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-07-2024

Date: 20-07-2024
Business: None present for plaintiff.
Adv. Apurva Dalal for defendant/BMC present.
Matter adjourned for Affidavit of service and reply to 18.09.2024.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-09-2024

Date: 18-09-2024
Business: None present for plaintiff.
Adv. Apurva Dalal for defendant/BMC present.
Matter adjourned for Affidavit of service and reply to 05.11.2024.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 05-11-2024

Date: 05-11-2024
Business: None present for plaintiff.
Adv. Apurva Dalal for defendant/BMC present.
Roznama shows plaintiff and his counsel are continously absent. Notice of Motion No.4725/2019 and NM No.4691/2019 are pending since long. Therefore it appears plaintiff is not interested in proceeding with these notice of motions. Therefore Notice of Motion No.4725/2019 and Notice of Motion No.4691/2019 are dismissed for want of prosecution. Plaintiff failed to file affidavit of service inspite of repeated opportunities. Keep this matter for dismissal.
Matter adjourned for Dismissal order to 16.11.2024.
Next Purpose: DISMISSAL
Next Hearing Date: 16-11-2024

Date: 16-11-2024
Business: Adv. Farquanda Shaikh h/f Adv. Keyur Kulkarni present for plaintiff. He submits one of the plaintiff is expired. He has to take steps.
None present for defendant.
Perusal of record shows that, Adv. Keyur Kulkarni do not filed his VP in the case. Therefore, he cannot represent in this case. The plaintiff failed to file affidavit of service in spite of repeated opportunities. Hence, this case is dismissed in default.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 16-11-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 102698/2019
Filing Date: 04-03-2019
First Hearing Date: 27th November 2019
Decision Date: 16th November 2024
Court Number And Judge: 8-COURT 08 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    16 Nov 2024
    Order Details: Order below exhibit
Pdf Text: Date
16.11.2024
02
Coram: H.H.J. Shri. V. G. Raghuwanshi, City Civil Court, Mumbai.
(C.R.08)
Suit No.
3003/2019
Adv. Farquanda Shaikh h/f Adv. Keyur Kulkarni present for plaintiff.
He submits one of the plaintiff is expired. He has to take steps.
None present for defendant.
Perusal of record shows that, Adv. Keyur Kulkarni do not filed his VP
in the case. Therefore, he cannot represent in this case. The plaintiff
failed to file affidavit of service in spite of repeated opportunities.
Hence, this case is dismissed in default.
Judge
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