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SUIT - SHORT CAUSE CIVIL SUIT

Gausia Mohd. Maqsood QureshiVsAmirullah Mohd. Shafi Khan

CNR MHCC0100270020192-COURT 02 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 02nd March 2022

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
101980/2019
Registration Date
12 Jul 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Hindu Marriage Act · Sec 34 · 37

    Case History / Proceedings

    Case History
    Date: 02-08-2019
    Business: Plff and Adv absent.
    Issue writ of summons against defendant for settlement of issues and filing written statement through Bailiff on payment of P.F.
    Adj for service to 07.10.2019.
    Next Purpose: SERVICE
    Next Hearing Date: 07-10-2019
    
    Date: 07-10-2019
    Business: Adv. Andrews for Plaintiff present.
    He prayed for extension of time for service of writ of summons.
    Time is extended.
    Adj for service to 13.12.2019.
    Next Purpose: SERVICE
    Next Hearing Date: 13-12-2019
    
    Date: 13-12-2019
    Business: Adv. Gharat for plaintiff present.
    He prayed for extension of time for service of Writ of summons
    O- Time is extended.
    Adjourned to 10.02.2020 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 10-02-2020
    
    Date: 10-02-2020
    Business: Adv Gharat for plff present.
    He prayed for extension of time for service of writ of summons. O- Granted.
    Matter stands Adj for service to 23/03/2020.
    Next Purpose: SERVICE
    Next Hearing Date: 23-03-2020
    
    Date: 23-03-2020
    Business: adjourned
    Next Purpose: SERVICE
    Next Hearing Date: 01-04-2020
    
    Date: 01-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SERVICE
    Next Hearing Date: 16-04-2020
    
    Date: 16-04-2020
    
    Date: 05-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SERVICE
    Next Hearing Date: 27-05-2020
    
    Date: 27-05-2020
    Business: National Lockdown
    Next Purpose: SERVICE
    Next Hearing Date: 12-06-2020
    
    Date: 12-06-2020
    Next Purpose: SERVICE
    Next Hearing Date: 06-08-2020
    
    Date: 06-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: SERVICE
    Next Hearing Date: 16-10-2020
    
    Date: 16-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: SERVICE
    Next Hearing Date: 22-12-2020
    
    Date: 22-12-2020
    Business: Adv Narendra Gharat for plff present.
    Matter stands Adj for service to 04/03/2021.
    Next Purpose: SERVICE
    Next Hearing Date: 04-03-2021
    
    Date: 04-03-2021
    Business: None for Plff.
    Since the institution of suit, plff is seeking time for affidavit of service of writ of summons on the deft.  Case is pending since more than 1 and ½ year.  Hence last chance is granted to the plff to file affidavit of service, in default dismissal of suit.
    Matter stands Adj for Affidavit of Service, in default of dismissal of suit to 17/04/2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 17-04-2021
    
    Date: 17-04-2021
    Business: As Holiday declared as per office order 73/2021. Due to covid matter adjourned.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 01-07-2021
    
    Date: 01-07-2021
    Business: Due to covid-19 matter is adjourned.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 13-08-2021
    
    Date: 13-08-2021
    Business: Adv Narendra Gharat for plff present.
    Matter stands Adj for Affidavit of Service / Dismissal to 26/10/2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 26-10-2021
    
    Date: 26-10-2021
    Business: Adv. S. G. Mahamuni for plaintiff present.
    Since filing of the suit plaintiff failed to file affidavit of service of writ of summons on the defendant.
    Case is already fixed for dismissal order.
    Advocate for plaintiff prayed to extend the time for service of writ of summons. Hence last chance is granted for service of writ of summons through bailiff in default for dismissal order.
    Adjd. on  14.12.2021 for affidavit of service in default for dismissal order.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 14-12-2021
    
    Date: 14-12-2021
    Business: P. O. is on Leave.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 22-12-2021
    
    Date: 22-12-2021
    Business: Adv Gharat for plff present.
    None for deft.
    PO is busy in dictating order in NM 3296/2021 and draft NM in SU (ST) 10114/2021.
    Matter stands Adj for Affidavit for Service to 02/03/2022.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 02-03-2022
    
    Date: 02-03-2022
    Business: None for plff.  Suit is pending since 2019.  Plff failed to serve writ of summons on deft inspite of granting sufficient opportunities.  On 26/12/2021, last chance was granted to Adv for plff for service of writ of summons on the deft through Bailiff.
    Thereafter also on 22/12/2021, plff failed to serve writ of summons on the deft.  Today also none present for plff when called out at 12.00 noon.  It seems that plff is not interested in prosecuting the suit.
    Hence suit is dismissed in default for want of prosecution.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 02-03-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 102893/2019
    Filing Date: 07-03-2019
    First Hearing Date: 02nd August 2019
    Decision Date: 02nd March 2022
    Court Number And Judge: 2-COURT 02 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    02 Mar 2022
    Order Details: Other
    Pdf Text: 02.03.2022
    39
    CORAM : HIS HONOUR JUDGE SHRI. S. T. SOOR
    (C. R. No. 2)
    SU 1980/2019 None for plff. Suit is pending since 2019. Plff failed to serve
    writ of summons on deft inspite of granting sufficient
    opportunities. On 26/12/2021, last chance was granted to
    Adv for plff for service of writ of summons on the deft
    through Bailiff.
    Thereafter also on 22/12/2021, plff failed to serve writ of
    summons on the deft. Today also none present for plff when
    called out at 12.00 noon. It seems that plff is not interested
    in prosecuting the suit.
    Hence suit is dismissed in default for want of
    prosecution.
    Judge
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