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SUIT - SHORT CAUSE CIVIL SUIT

Firoz Ahmed Abdul Gafoor ShaikhVsDalchand Harchandilal Gupta +1 more

CNR MHCC01002718201962-COURT 62 AD-HOC ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 07th October 2023

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
100645/2019
Registration Date
12 Mar 2019

Advocates

1

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 15-03-2019
    Business: By Precipe.
    Adv. Shukla for Plaintiff present.
    Ex.2 Adv. A.R.Shukla filed V/n for Defendant t.o.r.
    Draft NM filed by Adv for Plaintiff alongwith affidavit in support of it t.o.r.
    Leave is graned to register it.
    Copy of NM is already served.
    Adv for Defendant made statement that Plaintiff is in possession of suit premises. In view of this statement there is no need to pass any order of ad-interim at this stage.
    Parties are directed to maintain status quo.
    Adj for NM reply to 15.04.2019.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 15-04-2019
    
    Date: 15-04-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 02-08-2019
    
    Date: 02-08-2019
    Business: Court is busy in dictating order on NM in suit no.7488/83 and order on Chamber Summons on suit no.4416/08, hence case is adjourned to 09/10/2019.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 09-10-2019
    
    Date: 09-10-2019
    Business: Court is busy in recording of evidence in suit no.6380/03 and dictating judgment in suit no.3857/99, hence case is adjourned to 16/12/2019.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-12-2019
    
    Date: 16-12-2019
    Business: None present for Plaintiff.
    None present for Defendant.
    Court is busy in dictating Judgment in suit no.8136/86, hence case is adjourned to 11/03/2020.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 11-03-2020
    
    Date: 11-03-2020
    Business: Court is busy in hearing urgent matter and court has to dictate Judgment in suit no.569/05, hence case is adjourned to 16/07/2020.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-07-2020
    
    Date: 16-07-2020
    Business: National Lockdown
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 15-09-2020
    
    Date: 16-07-2020
    Business: National Lockdown
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 15-09-2020
    
    Date: 15-09-2020
    Business: Adjourned due to Covid-19.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 26-10-2020
    
    Date: 26-10-2020
    Business: None present for Plaintiffs.
    None present for Defendants.
    Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 28/01/2021 for NM reply/hearing.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 28-01-2021
    
    Date: 28-01-2021
    Business: None present for plaintiff
    None present for defendants.
    Plff has not tendered registered NM No.1201/19 in the Court till date.
    As nobody present for both the parties, considering pandemic condition, matter is adjourned for tendering registered NM in Court by the plff and for reply to 09.04.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 09-04-2021
    
    Date: 09-04-2021
    Business: None present for both the parties.
    Considering the present Pandemic Condition and SOP issued by Hon’ble High Court, matter adjourned at same stage beyond summer vacation to 14/07/2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 14-07-2021
    
    Date: 14-07-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 21-09-2021
    
    Date: 14-07-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 21-09-2021
    
    Date: 21-09-2021
    Business: None present for both parties.
    Despite granting several opportunities, plff has not tendered registered N.M.No.1201/2019 in the Court till date.
    As nobody is present for the plff today also, N.M.No.1201/2019 is dismissed in default for want of prosecution as it is not tendered in the Court till date.
    Matter is adjd. for service of writ of summons to 26.11.2021.
    Next Purpose: SERVICE
    Next Hearing Date: 26-11-2021
    
    Date: 26-11-2021
    Business: Court is on leave.
    Next Purpose: SERVICE
    Next Hearing Date: 11-02-2022
    
    Date: 11-02-2022
    Business: Due to Covid-19, matter is adjd.
    Next Purpose: SERVICE
    Next Hearing Date: 30-04-2022
    
    Date: 30-04-2022
    Business: None present for plff.
    None present for deft.
    Plff has not taken steps to serve the deft with writ of summons till date hence, matter be kept for dismissal order.
    Matter is adjd. for dismissal order to 20.07.2022.
    Next Purpose: DISMISSAL
    Next Hearing Date: 20-07-2022
    
    Date: 20-07-2022
    Business: None present for both sides.
    KB
    LO at 02.45 pm,
    None present for both sides.
    KB
    LO at 05.45 pm,
    None present for both sides.
    Considering the nature of suit matter is referred to lok-adalat.
    Matter adjd to 13.08.2022 for lok-adalat.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 13-08-2022
    
    Date: 13-08-2022
    Business: Both parties are absent.
    Matter is not settled.
    Case is adjourned to 12.10.2022.
    Next Purpose: FOR APPERANCE
    Next Hearing Date: 12-10-2022
    
    Date: 12-10-2022
    Business: None present for both sides.
    Suit is referred to lok-adalat.
    Matter adjd to 12.11.2022 for lok-adalat.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 12-11-2022
    
    Date: 12-11-2022
    Business: Both parties are absent.
    Matter is adjourned to   19-12-2022
    Not settled.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 19-12-2022
    
    Date: 19-12-2022
    Business: None present for both sides.
    Read the roznama dated 30.04.2022.
    Matter adjd to 07.03.2023 for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 07-03-2023
    
    Date: 07-03-2023
    Business: As holiday was declared on 07.03.2023 hence taken on 08.03.2023.
    None present for both sides.
    Matter adjd to 25.04.2023 for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 25-04-2023
    
    Date: 25-04-2023
    Business: None present for plaintiff and defendant.
    Matter is referred to lokadalat.
    Matter adjd to 30.04.2023 for Lokadalat.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 30-04-2023
    
    Date: 30-04-2023
    Business: NATIONAL LOK-ADALAT HELD ON 30/04/2023 (Panel-II)
    Matter pertaining to C.R. No.62.
    Both parties are absent.
    K.B.
    L.O.   at 1.15 p.m.
    Both parties are absent.
    Matter is adjd. to 21/06/2023.
    Next Purpose: DISMISSAL
    Next Hearing Date: 21-06-2023
    
    Date: 21-06-2023
    Business: None present.
    Matter is adjd.to 18-08-2023 for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 18-08-2023
    
    Date: 18-08-2023
    Business: None for plaintiff.
    None for defendant
    Matter is adjd.to 15-09-2023 for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 15-09-2023
    
    Date: 15-09-2023
    Business: Court is on leave.
    Next Purpose: DISMISSAL
    Next Hearing Date: 07-10-2023
    
    Date: 07-10-2023
    Business: None for plaintiff.
    None for defendant
    From the perusal of the record, it seen that though the suit has been instituted  as long back as on 08-03-2019, the plaintiff failed to serve the defendant with writ of summons and other necessary documents yet. It is also apparent that since last more than 2 years the plaintiff is not attending the matter to prosecute the suit against the defendant though the suit is under the caption of dismissal order from 30-04-2022. It is thus obvious that the plaintiff has loss her interest in prosecuting the suit against the defendant. Hence, there is no justification to keep the suit pending anymore but to dismiss the same for default. Suit stands accordingly dismissed.
    Nature Of Disposal: DISMISSED
    Disposal Date: 07-10-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 102959/2019
    Filing Date: 08-03-2019
    First Hearing Date: 15th March 2019
    Decision Date: 07th October 2023
    Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    07 Oct 2023
    Order Details: Other
    Pdf Text: Back
    Daily Status
    IN THE COURT OF :COURT 62 ADDL SESSIONS JUDGE
    Case No. :SUIT/0100645/2019
    Firoz Ahmed Abdul Gafoor Shaikh Vs Dalchand Harchandilal Gupta
    Date : 07-10-2023
    Business : None for plaintiff. None for defendant From the perusal of the
    record, it seen that though the suit has been instituted as long
    back as on 08-03-2019, the plaintiff failed to serve the
    defendant with writ of summons and other necessary
    documents yet. It is also apparent that since last more than 2
    years the plaintiff is not attending the matter to prosecute the
    suit against the defendant though the suit is under the caption
    of dismissal order from 30-04-2022. It is thus obvious that the
    plaintiff has loss her interest in prosecuting the suit against the
    defendant. Hence, there is no justification to keep the suit
    pending anymore but to dismiss the same for default. Suit
    stands accordingly dismissed.
    Nature of Disposal : DISMISSED
    Disposal Date : 07-10-2023
    COURT 62 ADDL SESSIONS JUDGE
    Print
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