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SUIT - SHORT CAUSE CIVIL SUIT

Mohamed Naeem S/o. Mohamed Shrin +2 moreVsAziz - ur - Rahman +2 more

CNR MHCC0100254020209-COURT 09 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHER
Decision Date: 27th March 2023

TrustJury record updated 28 Sept 2026

Case Overview

Registration Number
101047/2020
Registration Date
12 Mar 2020

Advocates

1

For Respondent

    Not available

    Parties

    6

    Acts & Sections

    1
    Hindu Marriage Act · Sec 34 and 37

    Case History / Proceedings

    Case History
    Date: 08-06-2020
    Business: Lockdown
    Reason For Adjournment: National Lock Down
    Next Purpose: DIRECTIONS
    Next Hearing Date: 07-09-2020
    
    Date: 07-09-2020
    Business: National Lock Down
    Next Purpose: DIRECTIONS
    Next Hearing Date: 22-12-2020
    
    Date: 22-12-2020
    Business: As Court is on leave. Hence, board is discharged and matter is adjd. to
    Next Purpose: DIRECTIONS
    Next Hearing Date: 09-02-2021
    
    Date: 09-02-2021
    Business: By praecipe.
    Adv. Mr. Tripathi for the plaintiff
    Draft NM along with affidavit of support tendered by advocate for the plaintiff. O-  Leave to register N/M is granted. N/M is made r/o 02/03/2021.
    Issue summons to defendants.
    Matter is adjd. to 02/03/2021 for tendering registered NM.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 02-03-2021
    
    Date: 02-03-2021
    Business: Adv. Mr.  Tripathi for the plaintiff.
    Adv. Mr. Mohan Saliyan for the defendant No.1.
    Adv. Chandramore for the defendant No.2.
    Adv. Mangal Kadam for the defendant No.3.
    Advocate for the plaintiff tendered registered N/M No.421/2021 along with affidavit in support. t.o.r.
    Plaint
    Vakalatnama
    Memorandum of address in plaint.
    List of documents in plaint.
    Vakalatnama filed by defendant No.1. t.o.r.
    Written statement filed by advocate for defendant No.1. t.o.r.
    Affidavit in reply to NM filed by advocate for the defendant No.1. t.o.r.
    Matter is adjd. to 25/03/2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-03-2021
    
    Date: 25-03-2021
    Business: None for plaintiff
    Adv. Mangal Kadam for defendant No.3.
    The Board is discharged.  Due to SOP only urgent matter  are taken up.
    L.O.
    Adv. Tripathi for the plaintiff.
    Rejoinder filed by advocate for the plaintiff. t.o.r.
    On oral request of the ld. advocate for the plaintiff, matter is adjd. to 26/04/2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-04-2021
    
    Date: 25-03-2021
    Business: None for plaintiff
    Adv. Mangal Kadam for defendant No.3.
    The Board is discharged.  Due to SOP only urgent matter  are taken up.
    L.O.
    Adv. Tripathi for the plaintiff.
    Rejoinder filed by advocate for the plaintiff. t.o.r.
    On oral request of the ld. advocate for the plaintiff, matter is adjd. to 26/04/2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-04-2021
    
    Date: 26-04-2021
    Business: due to covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-07-2021
    
    Date: 13-07-2021
    Business: due to covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-07-2021
    
    Date: 27-07-2021
    Business: court is on leave
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-08-2021
    
    Date: 04-08-2021
    Business: Adv. Mr. Tripathi for the plaintiff present.
    Adv. Chandramore for the defendant No.2 present.
    Adv. Mangal Kadam for the defendant No.3 present.
    Court is busy in hearing argument in NM No.1486/2021 in SU No.1214/2021. Therefore,  matter is adjourned.
    Matter is adjd. to 11/08/2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-08-2021
    
    Date: 11-08-2021
    Business: Plaintiff present.
    Adv. V. R. Tripathi for plaintiff present.
    Adv. Mohan Saliyan for defendant No.1 present.
    Adv. Mangal Kadam for defendant No.3 present.
    Defendants No.2 and 3 have failed to file reply to NM. Hence, the NM to proceed without reply against defendants No.2 and 3.
    Matter is adjd. to 09/09/2021 for NM hearing at 01.00 p.m.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-09-2021
    
    Date: 09-09-2021
    Business: Court is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-09-2021
    
    Date: 28-09-2021
    Business: As Court is busy in dictating order in NM No.1792/2021 (SU No.1568/2019) and hearing in SU No.1819/2021. Hence,  board is discharged.
    Matter is adjd. to 21/10/2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-10-2021
    
    Date: 21-10-2021
    Business: Court is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-12-2021
    
    Date: 16-12-2021
    Business: Adv.Mr.Tripathi present for the plaintiff.
    Adv Chandramore present for the corporation.
    Adv.Mangal Kadam for defendant no.3/MHADA present.
    Matter is adjd. to 23.12.2021 for NM hearing.(Morning session)
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-12-2021
    
    Date: 23-12-2021
    Business: Adv Mr.Tripathi present for the plaintiff.
    Adv Mohan Salian present for the defendant no.1
    Adv Chandramore present for the corporation/ defendant.2
    Adv.Mangal Kadam for defendant no.3/MHADA present.
    At the request for the Ld advocate for the defendants. Matter adjourned to 05.01.2022
    Matter is adjd. to 05.01.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-01-2022
    
    Date: 05-01-2022
    Business: Court is on Leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-02-2022
    
    Date: 03-02-2022
    Business: Due to SOP only urgent matters are taken up.
    Matter is adjd. to 22.02.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-02-2022
    
    Date: 22-02-2022
    Business: Adv V.R. Tripathi for plaintiff present.
    Adv Mohan Salian for defendant no. 1 present.
    Adv.Chandramore for defendant no 2 /BMC present.
    Adv.Mangal Kadam for defendant/MHADA present.
    Ld. adv. for plaintiff submits that he has received the copy of draft consent of terms today only and will seek necessary instructions from his client. Hence, Matter is adjd. to 11-03-2022 for settlement.
    Next Purpose: SETTLEMENT
    Next Hearing Date: 11-03-2022
    
    Date: 11-03-2022
    Business: KB
    As Court time is over,matter is adjd. to 28-04-2022 for settlement
    Next Purpose: SETTLEMENT
    Next Hearing Date: 28-04-2022
    
    Date: 28-04-2022
    Business: Adv. V.R. Tripathi for plaintiff present.
    Adv. Salian for defendant no. 1 present.
    aDv. Chandramore for BMC present.
    Adv.Mangal Kadam for defendant/MHADA present.
    Both Ld. Adv. submit that matter is under settlement and seeks time
    Matter is adjd. to 08-07-2022
    Next Purpose: SETTLEMENT
    Next Hearing Date: 08-07-2022
    
    Date: 08-07-2022
    Business: Adv. Rajesh Dixit for plaintiff present and submitted that they are settling the dispute and seeking time for filing settlement.-O-Time granted.
    Adv. Salian for defendant no. 1 present.
    Adv. Chandramore for BMC present.
    Matter is adjd.to 07-09-2022  for  settlement.
    Next Purpose: SETTLEMENT
    Next Hearing Date: 07-09-2022
    
    Date: 07-09-2022
    Business: None present for plaintiff.
    Adv. Mohan Salian for Deft.No.1 present.
    Adv.Chandramore for defendant no.2/BMC present.
    Adv.Mangal Kadam for defendant no.3/MHADA present.
    On last date Plaintiff submitted that he is going to file term of settlement but till today he have not filed settlement term.
    Plaintiff is directed to file settlement on next date.
    Matter is adjd. to 09.11.2022 for settlement.
    Next Purpose: SETTLEMENT
    Next Hearing Date: 09-11-2022
    
    Date: 09-11-2022
    Business: None present for plaintiff.
    Adv. Mangal Kadam for defendant no.3/MHADA present.
    Adv. Mohan Salian for defendant no. 1 present.
    Perusing record, it appears that as per the request of the plaintiff the matter was fixed for settlement but no settlement terms filed by plaintiff after giving sufficient opportunity. It appears that Plaintiff does not want to settle the matter. Hence, Matter is adjd. to 06.01.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-01-2023
    
    Date: 06-01-2023
    Business: Adv. Rajesh Dixit for plaintiff present and submitted that consent term was given to the defendants. Hence, he submitted that if the defendant admitted the Consent Term then he will file Settlement Term on next date.
    Adv. Mohan Salian for defendant no. 1 present.
    Adv. Chandramore for defendant/BMC present.
    Adv. Mangal Kadam for defendant no.3/MHADA present.
    Matter is adjourned to 02.02.2023 for Notice of Motion hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-02-2023
    
    Date: 02-02-2023
    Business: Adv. V.R. Tripathi for plaintiff present.
    Adv. Mohan Salian for defendant no. 1 present.
    Adv. Chandramore for defendant no.2/BMC present.
    Adv. Mangal Kadam for defendant no. 3/MHADA present.
    By consent, Matter is adjourned to 09.02.2023 for Notice of Motion hearing.
    LO at 3.55 pm.
    By Consent the date is changed and fixed on 13.02.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-02-2023
    
    Date: 13-02-2023
    Business: Adv. V.R. Tripathi for plaintiff present.
    Adv. Mangal Kadam for defendant/MHADA present.
    Adv. Harshita Kotian h/f MGS Legal for Defendant No. 1 present and seeking time for hearing Notice of Motion.
    Plaintiff advocate objected to adjourned the matter.
    It appears that by consent the date was given, But today also deft.no. 1 is not ready for hearing.
    Today one matter is pending for order hence, last chance is granted to deft.no. 1 for hearing. If defendant no. 1 fail to present for Notice of Motion hearing, then argument will be taken to be heard and Notice of Motion will be decided on merit.
    Matter is adjourned to 22.02.2023 for Notice of Motion hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-02-2023
    
    Date: 22-02-2023
    Business: Adv. V.R. Tripathi for plaintiff present and ready for hearing.
    Adv. Kukreja for defendant No.1 present.
    Adv. Chandramore for defendant no.2/BMC present.
    Adv. Mangal Kadam for defendant no.3/MHADA present.
    KB for hearing.
    LO at 3.28 pm
    The advocate for defendant No.1 submitted that he will produce the document i.e. document of subsequent event and requested to adjourned the matter on next date.
    Matter is adjourned to 28.02.2023 for Notice of Motion hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-02-2023
    
    Date: 28-02-2023
    Business: Adv. Mr. V.R. Tripathi for the plaintiff is present.
    Adv. Mr. Kukreja for defendant No. 1 is present and filed additional affidavit of service and affidavit alongwith documents the plaintiff advocate objected filing the additional documents at this stage and submitted that the defendant try to prolong the matter. The defendant is ready for argument. The defendant supplied copy on the other side.
    Adv. Ms. Chandramore for defendant No. 2 is present.
    Matter is adjourned to 14.03.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-03-2023
    
    Date: 14-03-2023
    Business: Adv. V.R. Tripathi for plaintiff present and filed reply to Notice of Motion No. 421/21. Copy of reply served to defendants.
    Adv. Mangal Kadam for defendant no.3/MHADA present.
    Adv. Kukreja for defendant No. 1 present.
    Matter is adjourned to 24.03.2023 for Notice of Motion hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-03-2023
    
    Date: 24-03-2023
    Business: court is on leave
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-03-2023
    
    Date: 27-03-2023
    Business: Adv. V.R. Tripathi for plaintiff present.
    Adv. Kukreja I/b MGS Regal for defendan No. 1 presnt.
    Adv. Mangal Kadam for defendant No.3/MHADA present.
    Adv. Khangagale for defendant No.2 / BMC present.
    Plaintiff No.1 to 3 present and Defenant No. 1 present and they filed Consent Term between plaintiff and defendant No. 1. They made their signature on the Consent Term. They admitted the contents written in the Consent Term. They are identified by their advocates. TOR. It is marked at Exh.7. The plaintiff and defendants submitted that defendant Nos. 2 and 3 are formal party. No any relief against defendan No.2 and 3 and pray for delete the name of defendant Nos. 2 and 3. Hence, Defenant Nos. 2 and 3 are deleted from suit and suit is disposed in terms of Consent Term. NM No. 421/21 is also disposed of. Decree be drawn up accordingly.
    Consent Term is part of decree. The Court fees be return as per rule.
    Nature Of Disposal: OTHER
    Disposal Date: 27-03-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 102791/2020
    Filing Date: 28-02-2020
    First Hearing Date: 08th June 2020
    Decision Date: 27th March 2023
    Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    27 Mar 2023
    Order Details: Other
    Pdf Text: Adv. V.R. Tripathi for plaintiff present. Adv. Kukreja I/b MGS Regal for defendan
    No. 1 presnt. Adv. Mangal Kadam for defendant No.3/MHADA present. Adv.
    Khangagale for defendant No.2 / BMC present. Plaintiff No.1 to 3 present and
    Defenant No. 1 present and they filed Consent Term between plaintiff and
    defendant No. 1. They made their signature on the Consent Term. They admitted
    the contents written in the Consent Term. They are identified by their advocates.
    TOR. It is marked at Exh.7. The plaintiff and defendants submitted that defendant
    Nos. 2 and 3 are formal party. No any relief against defendan No.2 and 3 and pray
    for the name of defendant Nos. 2 and 3. Hence, Defenant Nos. 2 and 3 are deleted
    from suit and suit is disposed in terms of Consent Term. NM No. 421/21 is also
    disposed of. Decree be drawn up accordingly. Consent Term is part of decree. The
    Court fees be return as per rule.
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