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SUIT - SHORT CAUSE CIVIL SUIT

Mohmmad Umar Abdul Khayyam Khan +1 moreVsNoor Shaikh +1 more

CNR MHCC0100269220181-COURT 01 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 23rd February 2022

TrustJury record updated 09 Sept 2026

Case Overview

Registration Number
100664/2018
Registration Date
06 Mar 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    4

    Acts & Sections

    2
    Bombay Tenancy and Agricultural Land (Vidarbha Region and Kutch Area) Act · Sec 9
    Hindu Marriage Act · Sec 38 · 39

    Case History / Proceedings

    Case History
    Date: 27-03-2018
    Business: Adv. Sarita Donde for pltff present and tendered affidavit of service. TOR.
      She also tendered draft NM with supporting affidavit. TOR .Leave granted to register.
    Adjd for reply and hearing on draft NM taken out by plaintiff on 12.07.18.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 12-07-2018
    
    Date: 12-07-2018
    Business: Court is on half leave (second session)
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 25-09-2018
    
    Date: 25-09-2018
    Business: Adv. Ms. Donde for the Plaintiff present.
    Application tendered by the plff for extension of time to serve writ of summons and register the N/M. t.o.r. Time is extended
    Matter is adjd. to 15.11.2018.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 15-11-2018
    
    Date: 15-11-2018
    Business: Adv. Ms. Sarita Donde for the Plaintiff present.
    Adv for the plaintiff seeks extension of time to serve writ of summons. Time is extended in the interest of justice.
    Original Notice of Motion no. 4287/18 alongwith affidavit in support tendered by the plaintiff. t.o.r.
    Matter is adjd. to 18.02.2019 for proof of service of writ of summons  / N/M.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 18-02-2019
    
    Date: 18-02-2019
    Business: Resumed.
    None for plaintiff and defendant.  The plaintiff has not tendered any proof of service of writ of summons against defendants.
    Adjd for filing report of service or passing dismissal orders to 12.04.2019.
    Next Purpose: REPORT
    Next Hearing Date: 12-04-2019
    
    Date: 12-04-2019
    Business: Resumed.
    The P.O. is busy in dictating NM order in suit No. 3142/2009 and disposed off suit no. 301/1998 and judgment in suit no. 6216/2005.  For want of time the board is discharged.
    Adjd for report to 09.07.2019.
    Next Purpose: REPORT
    Next Hearing Date: 09-07-2019
    
    Date: 09-07-2019
    Business: None present for plaintiffs.
    Plaintiff has not filed the proof of service of writ of summons therefore plaintiff is directed to serve a fresh writ of summons to the defendant.
    Adjourned for affidavit of service to 16.9.2019.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 16-09-2019
    
    Date: 09-07-2019
    Business: None present for plaintiffs.
    Plaintiff has not filed the proof of service of writ of summons therefore plaintiff is directed to serve a fresh writ of summons to the defendant.
    Adjourned for affidavit of service to 16.9.2019.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 16-09-2019
    
    Date: 16-09-2019
    Business: None present.
    Affidavit of service not filed.
    Adjourned for affidavit of service of writ of summons to 7.11.2019.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 07-11-2019
    
    Date: 07-11-2019
    Business: None present on behalf of the plaintiff.
    Plaintiff has not filed affidavit of service in respect of service to defendant.  Put matter for order.
    Adjourned for order to 7.1.2020.
    Next Purpose: ORDER
    Next Hearing Date: 07-01-2020
    
    Date: 07-11-2019
    Business: None present on behalf of the plaintiff.
    Plaintiff has not filed affidavit of service in respect of service to defendant.  Put matter for order.
    Adjourned for order to 7.1.2020.
    Next Purpose: ORDER
    Next Hearing Date: 07-01-2020
    
    Date: 07-01-2020
    Business: Presiding Officer is on leave.
    Next Purpose: ORDER
    Next Hearing Date: 12-02-2020
    
    Date: 07-01-2020
    Business: Presiding Officer is on leave.
    Next Purpose: ORDER
    Next Hearing Date: 12-02-2020
    
    Date: 12-02-2020
    Business: None present.
    Put case for dismissal order.
    The matter is adjd for dismissal to 07.04.2020.
    L.O.
    Adv. Sarita Donde for plaintiff present.
    Ld. counsel for plaintiff seeks extension of writ of summons. O. - Granted.
    The matter is adjd for affidavit of service to 07.04.2020.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 07-04-2020
    
    Date: 07-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 18-04-2020
    
    Date: 07-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 18-04-2020
    
    Date: 18-04-2020
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 29-05-2020
    
    Date: 18-04-2020
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 29-05-2020
    
    Date: 29-05-2020
    Business: In view of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pademic by WHO and as per Office Order 78 of 2020, matter adjourned
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 16-06-2020
    
    Date: 29-05-2020
    Business: In view of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pademic by WHO and as per Office Order 78 of 2020, matter adjourned
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 16-06-2020
    
    Date: 16-06-2020
    Business: In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 23-10-2020
    
    Date: 23-10-2020
    Business: Both the parties are absent. Due to Covid-19, the matter is adjourned to 12.01.2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 12-01-2021
    
    Date: 23-10-2020
    Business: Both the parties are absent. Due to Covid-19, the matter is adjourned to 12.01.2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 12-01-2021
    
    Date: 12-01-2021
    Business: None present.
    Last chance is granted to plaintiff to file affidavit of service.
    The matter is adjd for affidavit of service to 03.04.2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 03-04-2021
    
    Date: 03-04-2021
    Business: In view of the office order no.63/21 dated 25.03.2021, only moderate numbers of matters are kept on board. This matter is not in the same list hence, adjd  to 08.07.2021 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 08-07-2021
    
    Date: 03-04-2021
    Business: In view of the office order no.63/21 dated 25.03.2021, only moderate numbers of matters are kept on board. This matter is not in the same list hence, adjd  to 08.07.2021 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 08-07-2021
    
    Date: 08-07-2021
    Business: In view of office order no.131/2021 dated 02.07.2021, the matter not being urgent, is adjourned to 06.09.2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 06-09-2021
    
    Date: 08-07-2021
    Business: In view of office order no.131/2021 dated 02.07.2021, the matter not being urgent, is adjourned to 06.09.2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 06-09-2021
    
    Date: 06-09-2021
    Business: None present.
    Matter adjd for NM reply on 09.12.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 09-12-2021
    
    Date: 06-09-2021
    Business: None present.
    Matter adjd for NM reply on 09.12.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 09-12-2021
    
    Date: 09-12-2021
    Business: None present.
    Order below NM no. 4287/18
     Perused the roznama. Since 18/02/2019 nobady is appearing in this case.  On 12.01.2021 last chance was granted. This shows that the plaintiffs are not interested in continuing the NM. Hence NM no. 4287/18 stands dismissed in default. It be removed from the board.
    Matter is adjd to 23.02.2022 for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 23-02-2022
    
    Date: 09-12-2021
    Business: None present.
    Order below NM no. 4287/18
     Perused the roznama. Since 18/02/2019 nobady is appearing in this case.  On 12.01.2021 last chance was granted. This shows that the plaintiffs are not interested in continuing the NM. Hence NM no. 4287/18 stands dismissed in default. It be removed from the board.
    Matter is adjd to 23.02.2022 for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 23-02-2022
    
    Date: 09-12-2021
    
    Date: 25-01-2022
    Next Purpose: DISMISSAL
    Next Hearing Date: 23-02-2022
    
    Date: 23-02-2022
    Business: None present.
    Since long nobody is appearing in this matter.  As per the record since the institution of this suit pltff has failed to take steps for service of writ of summons.  The long absence shows that the pltff is not interested in continuing the suit.  Today the matter is under the caption of dismissal in spite of that none turned up and no steps were taken.  Hence SU 664/18 stands dismissed in default.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 23-02-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 103011/2018
    Filing Date: 22-02-2018
    First Hearing Date: 27th March 2018
    Decision Date: 23rd February 2022
    Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1
    23 Feb 2022
    Order Details: Other
    Pdf Text: 5 23.02.2022
    SU 664/18
    CORAM : HHJ KISHORE M. JAISWAL, JUDGE, CITY CIVIL
    COURT,GR.MUMBAI (C.R.NO.1)
    None present.
    Since long nobody is appearing in this matter. As per the record
    since the institution of this suit pltff has failed to take steps for
    service of writ of summons. The long absence shows that the
    pltff is not interested in continuing the suit. Today the matter is
    under the caption of dismissal in spite of that none turned up
    and no steps were taken. Hence SU 664/18 stands dismissed in
    default.
    Judge
    -- 1 of 1 --
    Order 1
    23 Feb 2022
    Order Details: Other
    Pdf Text: 5 23.02.2022
    SU 664/18
    CORAM : HHJ KISHORE M. JAISWAL, JUDGE, CITY CIVIL
    COURT,GR.MUMBAI (C.R.NO.1)
    None present.
    Since long nobody is appearing in this matter. As per the record
    since the institution of this suit pltff has failed to take steps for
    service of writ of summons. The long absence shows that the
    pltff is not interested in continuing the suit. Today the matter is
    under the caption of dismissal in spite of that none turned up
    and no steps were taken. Hence SU 664/18 stands dismissed in
    default.
    Judge
    -- 1 of 1 --

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