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SUIT - SHORT CAUSE CIVIL SUIT

Zakir Hasin KhanVsThe Chairman / Secretary +1 more

CNR MHCC01002552201964-COURT 64 AD-HOC ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
PENDING

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
101312/2019
Registration Date
04 Jun 2019
Next Hearing Date
08 Oct 2026
Case Stage
RECORDING EVIDENCE

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    Hindu Marriage Act · Sec 34 and 39

    Case History / Proceedings

    Case History
    Date: 25-06-2019
    Business: Adv. Kamble for plaintiff present.
    None present for defendant.
    Court is busy in dictating order in NDPS case No.68/19, 81/19 and 173/18.
    Hence, Matter stands Adj for issue fresh writ of summons to 31.08.19
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 31-08-2019
    
    Date: 31-08-2019
    Business: Advocate Ansari for plaintiff present.
    Advocate Sonali for defendant no. 2 present.
    By consent matter adjourned for writ of summons to 19.09.2019
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 19-09-2019
    
    Date: 19-09-2019
    Business: Court is busy in hearing arguments in suit no. 5926/07 and NDPS Spl Case no. 54/14. Hence, Board is discharged.
    Matter stands Adj for writ of summons to 11.11.19.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 11-11-2019
    
    Date: 11-11-2019
    Business: Adv. Alexander for plaintiff present.
    Adv. Swati Kamble for defendant no.1 present.
    Matter stands Adj for service of writ of summons to 17.12.19.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 17-12-2019
    
    Date: 17-12-2019
    Business: None present for plaintiff.
    Adv. Sonali Kamble for defendant no. 1 present.
    Matter stands Adj for writ of summons to 07.02.2020.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 07-02-2020
    
    Date: 07-02-2020
    Business: None present for plaintiff and defendant no. 1.
    Report of writ of summons awaited.
    Matter stands Adj for writ of summons to 09.04.2020.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 09-04-2020
    
    Date: 09-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 21-04-2020
    
    Date: 21-04-2020
    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: WRIT OF SUMMONS
    Next Hearing Date: 01-06-2020
    
    Date: 01-06-2020
    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: WRIT OF SUMMONS
    Next Hearing Date: 18-06-2020
    
    Date: 18-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 23-09-2020
    
    Date: 23-09-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 07-11-2020
    
    Date: 07-11-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 12-01-2021
    
    Date: 12-01-2021
    Business: None for Plaintiff.
    Advocate Ms. Sonali Kamble for defendant no. 1 present.
    The case is adjourned to 25.02.2021 for awaiting writ of summons.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 25-02-2021
    
    Date: 25-02-2021
    Business: None for Plaintiff.
    Advocate Ms. Sonali Kamble for defendant no. 1 present.
    Plaintiff to take steps against defendant no.2
    The case is adjourned to 19.04.2021 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 19-04-2021
    
    Date: 19-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 09-07-2021
    
    Date: 09-07-2021
    Business: Court is vacant
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 15-09-2021
    
    Date: 15-09-2021
    Business: Matter called out at 12.17 p.m
    Adv. Fraser M. Alexander for plaintiff present.
    He tendered service affidavit alongwith returned envelope of Deft. No.2. Exh.5
    Affidavit taken on record.
    Adv. Ketki I/b M/s. H & M Legal Associates for Deft. No.1 present.
    Plaintiff to take appropriate steps
    Matter stands adjourned to 10.11.2021 for steps.
                                                                                   Judge
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 10-11-2021
    
    Date: 10-11-2021
    Business: Matter mentioned at 11.18 a.m.
    Adv. Fraser M. Alexander for plaintiff present. He filed an application for re-issue of writ of summon upon Deft.No.2. TOR. Exh.6.
    O-Fresh writ of summons be issued to Deft. No.2.
    Adv. Sonali Kamble for Deft. No.1 present.
    Matter stands adjourned to 05.01.2022 for writ of summons.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 05-01-2022
    
    Date: 05-01-2022
    Business: Matter called out at 12.17 p.m.
    Adv. Fraser Alexander for plaintiff present.
    Adv. for Deft. No.2 present.  He tendered VP. TOR. Exh.7.
    He tendered WS. TOR. Exh.8.
    Copy served to the other side.
    Matter stands adjourned to 04.04.2022 for Issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 04-04-2022
    
    Date: 04-04-2022
    Business: Matter called out at 11.34 a.m.
    None present for plaintiff.
    Adv. Shyamli Hajela for Deft. No.1 present.
    Issues not framed.
    Matter stands adjourned to 11.07.2022 for Issues.
    Later on at 12.20 p.m.
    Adv. Ditendra Mishra for Deft. No.2 present.
    Already adjourned to 11.07.2022.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 11-07-2022
    
    Date: 11-07-2022
    Business: Adv. Pintu Nishad for plaintiff present.
    Adv. Ditendra Mishra for defendant present.
    Matter stands adjourned to 12.09.2022 for issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 12-09-2022
    
    Date: 12-09-2022
    Business: Adv. Pintu Nishad for plaintiff present. He is seeking time. Time granted.
    Adv. Arif Ansari for Deft. no.1 present.
    Adv. Ditendra Mishra for Deft. no.2 present.
    Matter stands adjourned to 29.11.2022 for issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 29-11-2022
    
    Date: 29-11-2022
    Business: Adv. Arif Ansari for Deft. no.1 present.
    None present for plaintiff.
    Matter stands adjourned to 01.02.2023 for hearing on issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 01-02-2023
    
    Date: 01-02-2023
    Business: Adv. Fraser M. Alexander for plaintiff present. He submitted draft issues. TOR. He served copy to the defendants.
    Adv. Arif Ansari for defendant No. 1 present.
    Adv.  Ditendra Mishra for defendant No. 2 present.
    Matter stands adjourned on 28.03.2023 for framing issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 28-03-2023
    
    Date: 28-03-2023
    Business: Adv. Fraser Alexander for plaintiff present.
    Adv. Ditendra Mishra for defendant No.2 present.
    Adv. Pintu Nishad h/f H and M Legal for defendant No.1 present.
    Defendant is seeking time to tender the draft issue.  Time granted.
    Matter stands adjourned on 20.06.2023 for framing issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 20-06-2023
    
    Date: 20-06-2023
    Business: None for Plaintiff present.
    Adv Arif Ansari for defendant no. 1 present.
    Matter stands adjourned on 06-09-2023 for framing issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 06-09-2023
    
    Date: 06-09-2023
    Business: Adv  for Plaintiff present.
    Adv Ansari for deft no. 1 present.
    Adv P.Menon for defendant no. 2  present and seeks time to filing draft issues.
    Matter stands adjourned on 20-11-2023 for filing draft issues.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 20-11-2023
    
    Date: 20-11-2023
    Business: Advocate Alexander present for Plaintiff.
    Advocate Menon present for Defendant no. 2 and filed draft issues. Taken On Record.
    Matter stands adjourned on 02-02-2024 for framing of issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 02-02-2024
    
    Date: 02-02-2024
    Business: IN THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO. 61
    This court newly formed on 02.01.2024.
    Matter transferred from CR No.
    None for  plaintiff.
    None for defendant.
    The resolution dt.01.02.2024 from Bombay City Civil and Session Court Bar Association, the copy of which is received on official WhatsApp group of this court, the advocates of this Bar have  UNANIMOUSLY RESOLVED that they all will ABSTAIN from work on 02-02-2024 and requested for not passing adverse order on non appearance of advocates and parties.
    Matter adjourned for framing issues to 03-05-2024
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 03-05-2024
    
    Date: 03-05-2024
    Business: IN THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO. 61
    None for  plaintiff.
    None for defendant.
    Matter adjourned for framing issues to 22-07-2024.
    LO at 11.58 am..
    Adv. Prerith Menon h/f Adv. Ditendra Mishra for defendant No.2 present.
    Matter adjourned for framing issues to 22-07-2024.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 22-07-2024
    
    Date: 22-07-2024
    Business: IN THE COURT OF H.H.J. R. D. DESHPANDE JUDGE CITY CIVIL COURT C.R. NO. 61
    None for  plaintiff.
    None for defendant.
    Exh.09. Issues framed.
    Matter adjourned for filing affidavit of evidence and documents to 05-10-2024.
    Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
    Next Hearing Date: 05-10-2024
    
    Date: 05-10-2024
    Business: IN THE COURT OF H.H.J. R. D. DESHPANDE JUDGE CITY CIVIL COURT C.R. NO. 61
    Adv. Fraser M. Alexander for plaintiff is present and seeks time to file affidavit of evidence.
    Adv. Pintu Nishad i/b H and M Legal Associates for defendant No.1 is present.
    None for defendant No.2.
    Matter adjourned for filing affidavit of evidence and documents by the plaintiff to 29-11-2024.
    Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
    Next Hearing Date: 29-11-2024
    
    Date: 29-11-2024
    Business: Adv. Fraser Alexander for plaintiff is present and tendered affidavit of evidence of PW-01 Shaikh Abdul Aziz Ibrahim (POA of plaintiff). TOR. Marked as Exh-10. O-Verified, read and recorded.
    Oath is administrated to the witness. He stated on oath that the contents in evidence affidavit are true and correct as per information given by him to his counsel. It bears his sign. Hence the affidavit is verified, read and recorded and it will form part and parcel of this proceeding.
    He also tendered list of 16 documents. TOR. Marked as Exh-11. O- other side to say.
    Adv. Shyamli Hajela for defendant No.1 is present and received copies of evidence affidavit and documents.
    Representative of defendant No.2 namely Jaywant More is present and he received copies of evidence affidavit and documents.
    Matter adjourned for filing say on documents at Exh-11 to 11.02.2025.
    Next Purpose: FILING SAY
    Next Hearing Date: 11-02-2025
    
    Date: 11-02-2025
    Business: Court is on leave
    Next Purpose: FILING SAY
    Next Hearing Date: 09-04-2025
    
    Date: 09-04-2025
    Business: The Court is on Leave
    Next Purpose: FILING SAY
    Next Hearing Date: 02-07-2025
    
    Date: 02-07-2025
    Business: IN THE COURT OF H.H.J. A. C. DAGA JUDGE CITY CIVIL COURT C.R. NO. 61
    Adv. Fraser Alexander for plaintiff  is present.
    Adv. Shyamli Hajela for defendant no 1 is present and submitted say on overleaf of Exh.11.
    Adv. Prerith Menon h/f Adv. Ditrendra Mishra for defendant no. 2 is present and submitted say on overleaf of Exh.11.
    Matter adjourned for  hearing on Exh.11 to 07.08.2025.
    Next Purpose: HEARING
    Next Hearing Date: 07-08-2025
    
    Date: 07-08-2025
    Business: PO is on leave hence matter adjourned.
    Next Purpose: HEARING
    Next Hearing Date: 25-09-2025
    
    Date: 25-09-2025
    Business: None for plaintiff.
    Adv. Shyamli Hajela for defendant No.1 is present.
    Adv. Dhiraj Konade i/b Adv. Ditendra Mishra for defendant No.2 is present.
    K.B.
    Later on at 12.39 p.m.
    Adv. Fraser Alexander for plaintiff is present.
    Adv. Shyamli Hajela for defendant No.1 is present.
    Adv. Dhiraj Konade i/b Adv. Ditendra Mishra for defendant No.2 is present.
    Heard arguments of Adv. Fraser Alexander for plaintiff and Adv. for defendant No.1 on Exh-11.
    Matter adjourned for order on document at Exh-11 to 14.10.2025.
    Next Purpose: ORDER
    Next Hearing Date: 14-10-2025
    
    Date: 14-10-2025
    Business: The Court is on Leave
    Next Purpose: ORDER
    Next Hearing Date: 11-11-2025
    
    Date: 11-11-2025
    Business: IN THE COURT OF H.H.J. A. C. DAGA JUDGE CITY CIVIL COURT C.R. NO. 61
    Adv. Fraser Alexzander for plaintiff is present.
    None for defendant.
    K.B.
    Later on at 12.01 p.m.
    Adv. Prerith Menon h/f Adv. Ditendra Mishra for defendant No.2 is present.
    Later on at 1.30 p.m.
    Order below Exh-11-
    Document at serial No.1 is the POA executed in favor of plaintiff and therefore is marked as Exh-12.
    Document at serial No.2 is electricity bills from year 1995 said bills are coming out from proper custody of plaintiff hence marked as Exh-13colly.
    Document at serial No.3 is copy of list of voters, no reason why its certified copy has not been filed, hence cannot be marked as exhibit.
    Document at serial No.4 to 6, 8, 9 and 10 to 16 are the original documents coming out from proper custody of plaintiff and therefore marked as Exh-14 to 16, 17, 18, and 19 to 25.
    Document at serial No.7 is the zerox copy of the annexure II, no reason why its certified copy could not have been filed. As such same cannot be exhibited.
    Matter adjourned for cross-examination of PW-01 to 12.01.2026.
                                                                                     Judge
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 12-01-2026
    
    Date: 12-01-2026
    Business: Court is vacant.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 13-03-2026
    
    Date: 13-03-2026
    Business: Court is on leave, adjd to 22-06-2026.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 22-06-2026
    
    Date: 22-06-2026
    Business: IN THE COURT OF H.H.J. SHRI. R. V. BHAKTA JUDGE CITY CIVIL COURT C.R. NO. 61
    None for plaintiff.
    Adv. Shyamli Hajela i/b H and M Legal Associates for defendant No.2 is present.
    Matter adjourned for recording evidence to 18.08.2026.
    Later on at 11.39 a.m.
    Adv. Ditendra Mishra for defendant No.2 is present.
    Matter adjourned for recording evidence to 18.08.2026.
                                                                                     Judge
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 18-08-2026
    
    Date: 18-08-2026
    Business: CORAM- H.H.J.Ad HOC SHRI. S.K.FOKMARE (CR NO.64).
    Adv. Fraser Alexander for plaintiff present.
    Adv. Prerith Menon h/f Adv. Ditendra Mishra for defendant No.2 present.
    Witness present.
    Adv. for defendant No.1 do not want to Cross examine PW-1. Defendant No.2 to cross examine the witness on next date positively.
    Matter is adjd to 15.09.2026 for recording evidence.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 15-09-2026
    
    Date: 15-09-2026
    Business: As per office order No.279 of 2026, 15th of September, 2026 is holiday.
    Matter is Matter is adjd. to 08.10.2026.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 08-10-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 102774/2019
    Filing Date: 06-03-2019
    First Hearing Date: 25th June 2019
    Court Number And Judge: 64-COURT 64 AD-HOC ADDL SESSIONS JUDGE

    Orders

    2
    Interim Order 1Full order available
    22 Jul 2024

    Order Details: Other Pdf Text: S. C. Suit No.1312/2019 Issues Exh.9 IN THE CITY CIVIL COURT FOR GREATER MUMBAI SHORT CAUSE SUIT NO.1312 OF 2019 Zakir Hasin Khan … Plaintiff V/s. The Chairman/Secretary Topaz SRA CHS Ltd. and another … Defendants ISSUES 1. Does the plaintiff prove that he is the owner of the suit premises? 2. Does he further prove that the defendant No.1 Society has illegally put the defendant No.2 in possession of the suit premises? 3. Does…

    Read Full Order
    Order 1Full order available
    22 Jul 2024

    Order Details: Other Pdf Text: S. C. Suit No.1312/2019 Issues Exh.9 IN THE CITY CIVIL COURT FOR GREATER MUMBAI SHORT CAUSE SUIT NO.1312 OF 2019 Zakir Hasin Khan … Plaintiff V/s. The Chairman/Secretary Topaz SRA CHS Ltd. and another … Defendants ISSUES 1. Does the plaintiff prove that he is the owner of the suit premises? 2. Does he further prove that the defendant No.1 Society has illegally put the defendant No.2 in possession of the suit premises? 3. Does…

    Read Full Order

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