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SUIT - SHORT CAUSE CIVIL SUIT

Anjuman Bharat Nagar Muslim Jamat and Madarsa - Through its Vice President Mr. Jafar Bashir SahikhVsMCGM

CNR MHCC0100274520204-COURT 04 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 15th March 2025

TrustJury record updated 28 Sept 2026

Case Overview

Registration Number
100964/2020
Registration Date
05 Mar 2020

Advocates

2

For Petitioner

For Respondent

Parties

2

Acts & Sections

1
Hindu Marriage Act · Sec 35 · 36

Case History / Proceedings

Case History
Date: 06-03-2020
Business: NOB.TOB.By precipe.
Adv. Tariq Choudhri a/w Adv. Hasan Khan for plaintiff present and tendered draft NM along with affidavit in support. Leave to register is granted for NM.
Adv. Khandagle for MCGM/Deft. present.
Parties to maintain status quo till 11 March 2020.
Strong objection by advocate Khandagale for status quo.
Authenticated copies be given to the both parties.
 Matter adjd to 11.03.2020 for Ad-interim hearing.
Next Purpose: HEARING
Next Hearing Date: 11-03-2020

Date: 11-03-2020
Business: Adv. Tariq Choudhri  for plaintiff present.
Adv. Khandagle for MCGM/Deft. present.
On oral request of advocate for Defendant, adjournment granted.
Plaintiff is directed to register the NM till next date.
Earlier order, if any, to continue till next date.
 Matter adjd to 08.04.2020 for Ad-interim hearing.
Next Purpose: HEARING
Next Hearing Date: 08-04-2020

Date: 08-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 20-04-2020

Date: 20-04-2020
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: HEARING
Next Hearing Date: 30-05-2020

Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 17-06-2020

Date: 17-06-2020
Business: Adjd to
Next Purpose: HEARING
Next Hearing Date: 14-09-2020

Date: 14-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 06-11-2020

Date: 06-11-2020
Business: Adjourned due to Covid-19.
Next Purpose: HEARING
Next Hearing Date: 25-01-2021

Date: 25-01-2021
Business: Adv. Tariq Chaudhari for plaintiff present.
Adv. Khandagle for deft/MCGM present.
On oral request of advocate for plaintiff, matter is adjourned till next date.
Plaintiff is directed register the NM till next date.
Earlier order, if any, to continue till next date.
Matter adjd to 10/02/2021 for Reply/Ad-interim Hearing.
Next Purpose: HEARING
Next Hearing Date: 10-02-2021

Date: 10-02-2021
Business: Adv. Tariq A. A. Chaudhary for plaintiff present and tendered original registered NM No.401/2021 alongwith affidavit in support. TOR.
Adv. Khandagle for deft/MCGM present.
Advocate for plaintiff requests for time to argue on ad-interim in NM No.401/2021. Time is granted till next date as a last chance.
Advocate for deft/MCGM objected for adjournment.
Time is granted to plaintiff till next date as a last chance.
Earlier order, if any, to continue till next date.
Matter adjd to 05/03/2021 for Ad-interim Hearing.
Next Purpose: HEARING
Next Hearing Date: 05-03-2021

Date: 05-03-2021
Business: Adv. Shirish Shigwan h/f Adv. Tariq Chaudhari for plaintiff present.
Adv. Khandagle for deft/MCGM present.
Exh. 1 - Plaint
Exh. 2 - Vakalatnama.
Exh. 3 - Memo of Address.
Exh. 4 - List of documents.
Exh. 5 - Adv. for deft/MCGM tendered affidavit of documents, TOR and marked at Exh.5. Copy is served to other side.
Earlier order, if any, to continue till next date.
Matter adjd to 17/03/2021 for Ad-interim hearing.
Next Purpose: HEARING
Next Hearing Date: 17-03-2021

Date: 17-03-2021
Business: Adv. Aditya Prasad h/f Adv. Tariq Chaudhari for plaintiff present and requests for adjournment for ad-interim Hearing.
Adv. Khandagale for deft/MCGM present. He has strongly objected for adjournment.
Earlier order, if any, to continue till next date.
Matter adjd to 26/03/2021 for Ad-interim Hearing.
Next Purpose: HEARING
Next Hearing Date: 26-03-2021

Date: 26-03-2021
Business: As Court is on leave, hence board is discharged.
Next Purpose: HEARING
Next Hearing Date: 07-04-2021

Date: 07-04-2021
Business: Adv. Mr. Tariq Chaudhari for plaintiff present.
None for deft/MCGM.
Earlier order, if any, to continue till next date.
Matter adjd to 16/06/2021 for Ad-interim hearing.
Next Purpose: HEARING
Next Hearing Date: 16-06-2021

Date: 16-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 19-07-2021

Date: 19-07-2021
Business: Due to Covid-19 pandemic, matter is adjourned.
Next Purpose: HEARING
Next Hearing Date: 01-09-2021

Date: 01-09-2021
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
If plaintiff fails to argue the matter on next date, protection given to him will not be continued.
K.B.
L.O. at 5.00 p.m.
None for plaintiff.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Earlier order, if any, to continue till next date.
Adjd. To 22/09/2021 for ad-interim hearing.
Next Purpose: HEARING
Next Hearing Date: 22-09-2021

Date: 22-09-2021
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Earlier order, if any, to continue till next date.
Adjd. To 22/10/2021 for ad-interim hearing.
Next Purpose: HEARING
Next Hearing Date: 22-10-2021

Date: 22-10-2021
Business: Adv Tariq Chaudhary for plaintiff present and requests for time to argue on ad-interim reliefs.
Time is granted till next date as last chance.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Earlier order, if any, to continue till next date.
Adjd. To 01/12/2021 for ad-interim hearing.
Next Purpose: HEARING
Next Hearing Date: 01-12-2021

Date: 01-12-2021
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Today, matter is fixed for ad-interim hearing. It shown that         ad-interim protection is given to the Plaintiff. Therefore, he is not interested in argue on ad-interim in NM. Hence, NM be kept for want of prosecution.
K.B. L.O.
Adv. Tariq Choudhary for Plaintiff present and and requests for longer time to argue on ad-interim reliefs. Time is granted  as a last chance till next date.
Earlier order, if any, to continue till next date.
Matter is adjd to 20/12/2021 for ad-interim hearing.
Next Purpose: HEARING
Next Hearing Date: 20-12-2021

Date: 20-12-2021
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Today, matter is fixed for ad-interim hearing. Record shows that Plaintiff not shown interest to argue on ad-interim in NM as earlier protection given to him. Today neither Plaintiff nor his advocate present. Hence, matter be kept for NM dismissal for want of prosecution.
Earlier order, if any, to continue till next date.
Matter is adjd to 07/03/2022 for ad-interim hearing/NM dismissal.
L.O.
Adv. Tariq Choudhary for Plaintiff present.
Next Purpose: HEARING
Next Hearing Date: 07-03-2022

Date: 07-03-2022
Business: CORAM H.H.J. SHRI. A.G. SANTANI (C.R.NO.11)
(Matter pertains to C.R.NO.4)
Adv. Tariq A.A. Chaudhary for plaintiff present.
Adv. Smita Chavan h/f Adv. Tondwalkar for  defendant / MCGM present.
Earlier order, if any, to continue till next date
Matter adjourned for ad-interim hearing / NM dismissal to 30.03.2022.
Next Purpose: HEARING
Next Hearing Date: 30-03-2022

Date: 30-03-2022
Business: As Court is busy in dictating orders in NMs in other Suits, hence board is discharged and matter is adjourned till next date.
Earlier order, if any, to continue till next date.
Adjd. To 27/04/2022 for ad-interim hearing / NM dismissal.
Next Purpose: HEARING
Next Hearing Date: 27-04-2022

Date: 27-04-2022
Business: Adv. Tariq Choudhari for Plaintiff present and seeks time to argue on ad-interim relief. Time is granted till next date.
Adv Mrs Tondwalkar for defendant / MCGM is present.
Earlier order, if any, to continue till next date.
Adjd. To 27/06/2022 for ad-interim hearing / NM dismissal.
Next Purpose: HEARING
Next Hearing Date: 27-06-2022

Date: 27-06-2022
Business: Adv. Mooman h/f Adv. Tariq Chaudhary for plaintiff present and submitted that Adv. on record is not feeling well and admitted hospital. Hence, requested for time. Time is granted till next date.
Adv. Mrs. Tondwalkar for defendant/ MCGM is present and  submitted short date. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. to 13/07/2022 for ad-interim hrg.
Next Purpose: HEARING
Next Hearing Date: 13-07-2022

Date: 13-07-2022
Business: Adv. Tariq A. A. Chaudhary for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/ MCGM is present and requested time to file reply to N/M. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. to 26/08/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-08-2022

Date: 26-08-2022
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for defendant/ BMC is present and tendered N/M reply cum W/S, TOR and marked as Exh.6.
Copy of plaintiff is kept in R and P.
Earlier order, if any, to continue till next date.
Adjd. to 07/10/2022 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-10-2022

Date: 07-10-2022
Business: Adv. Arif Shaikh h/f Adv. Tariq A.A. Chaudhary for plaintiff present and received copy of reply cum W/S (Exh.6).
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
On oral request of Adv. for plaintiff to argue on N/N, matter is adjourned till next date.
Earlier order, if any, to continue till next date.
Adjd. to 02/11/2022 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-11-2022

Date: 02-11-2022
Business: Adv. Tariq A. A. Chaudhary for plaintiff present and requested time to argue on N/M on ground that Adv. for plaintiff is not prepared. Adv. for corporation opposed for adjournment however, as a last chance time is granted.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Earlier order, if any, to continue till next date.
Adjd. to 14/11/2022 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-11-2022

Date: 14-11-2022
Business: CORAM H.H.J.SHRI A.G. SANTANI(COURT ROOM No.11) IN-CHARGE OF COURT ROOM No.4
Adv. Tariq A. A. Chaudhary for plaintiff present.
Adv. Mr. Sutar h/f Adv. Mrs. Tondwalkar for defendant/ BMC present.
Earlier order, if any, to continue till next date.
Adjd. to 02/12/222 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-12-2022

Date: 02-12-2022
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-12-2022

Date: 16-12-2022
Business: Adv. Tariq A. A. Chaudhary for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
K.B. for N/M hrg.
L.O.
Same appearance.
Heard Adv. for plaintiff on N/M No.401/2021.
Earlier order, if any, to continue till next date.
Adjd. to 23/12/2023 at 12.00 noon for hrg. On N/M No.401/2021 by defendant/ BMC.
Next Purpose: NM  P.H.
Next Hearing Date: 23-12-2022

Date: 23-12-2022
Business: Adv. Tariq A. A. Chaudhary for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Heard argument on N/M No.401/2021 by Adv. for defendant/ BMC.
Heard reply argument on N/M No.401/2021 by plaintiff.
Earlier order, if any, to continue till next date.
Adjd. to 20/01/2023 for further argument on N/M No.401/2021.
Next Purpose: NM  P.H.
Next Hearing Date: 20-01-2023

Date: 20-01-2023
Business: Court is on leave.
Next Purpose: NM  P.H.
Next Hearing Date: 17-02-2023

Date: 17-02-2023
Business: None for plaintiff.
Adv. Mr. Suryavanshi for defendant/ BMC is present.
Earlier order, if any, to continue till next date.
Adjd. to 10/03/2023 for N/M order.
Next Purpose: NM  ORDERS
Next Hearing Date: 10-03-2023

Date: 10-03-2023
Business: None for plaintiff.
Adv. Mr. Suryavanshi for defendant/ BMC is present.
As Court is busy in urgent ad-interim hearing. Hence, matter is adjourned.
Earlier order, if any, to continue till next date.
Adjd. to 03/04/2023 for N/M order.
Next Purpose: NM  ORDERS
Next Hearing Date: 03-04-2023

Date: 03-04-2023
Business: Adv. Tariq Chaudhari for plaintiff is present.
Adv. Suryavanshi for defendant / BMC is present.
As court is busy in dictating judgment in Suit no. 796/2012 and other NM and ad-interim orders, due to paucity of time, matter is adjourned till next date.
Earlier order, if any, to continue till next date.
Adjd. To 19/04/2023 for NM order.
Next Purpose: NM  ORDERS
Next Hearing Date: 19-04-2023

Date: 19-04-2023
Business: None for plaintiff.
Adv. Mr. Suryavanshi for defendant/ BMC is present.
Earlier order, if any, to continue till next date.
Adjd. to 29.04.2023 for NM orders.
Next Purpose: NM  ORDERS
Next Hearing Date: 29-04-2023

Date: 29-04-2023
Business: None for plaintiff.
Adv. Ms. Mhatre h.f Adv. Suryavanshi for defendant / BMC is present.
As court is busy in dictating judgment in Suit no. 3317/2014 and due to paucity of time, matter is adjourned till next date, matter is adjourned
Earlier order, if any, to continue till next date.
Adjd. to 05.06.2023 for NM order.
Next Purpose: NM  ORDERS
Next Hearing Date: 05-06-2023

Date: 05-06-2023
Business: None present for plaintiff.
Adv. Suryavanshi  for defendant/ BMC is present.
FRSR Following order is passed in Notice of Motion No. 401/2021
ORDER
1. Notice of Motion No. 401/2021 is dismissed.
2. Cost in cause.
Adjd. to 19.08.2023 for Hearing on issues/Draft issues.
Next Purpose: HEARING
Next Hearing Date: 19-08-2023

Date: 19-08-2023
Business: None present for plaintiff.
Advocate Mhatre for defendant/BMC present.
Heard advocate for Advocate of defendant/BMC on issues.
Adjd to 07.10.2023 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 07-10-2023

Date: 07-10-2023
Business: Advocate  Naina Orak h/f Tariq Chaudhary for plaintiff present.
Advocate Mhatre for defendant/BMC present.
Exh…….. Issues are framed.
Adjd  to 28.11.2023 for List of witness and R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-11-2023

Date: 28-11-2023
Business: None present for plaintiff
Advocate Mhatre for defendant/BMC present.
Today is first date for evidence of plaintiff. Hence matter adjourned.
Adjd  to   06.02.2024   for  plaintiff evidence/R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-02-2024

Date: 06-02-2024
Business: None present for plaintiff
Advocate Mhatre for defendant/BMC present.
Adjd  to 23.04.2024 for plaintiff evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-04-2024

Date: 23-04-2024
Business: Advocate Tariq Chaudhary for plaintiff present and requested time to file evidence.
Advocate Mhatre for defendant/BMC present.
Adjd  to 23.07.2024      for plaintiff evidence
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-07-2024

Date: 23-07-2024
Business: None present for plaintiff
Advocate  Metakari h/f Honmane for defendant/BMC present.
Adjd  to 21.08.2024    for plaintiff evidence /R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-08-2024

Date: 21-08-2024
Business: Advocate Tariq CHaudhary for plaintiff present and requested time to file evidence and further submitted that the group of other matters has been listed on 25.09.2024, hence matter adjourned.
Advocate  Honmane   for defendant/BMC present.
Adjd  to  25.09.2024    for plaintiff evidence/R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-09-2024

Date: 25-09-2024
Business: None present for plaintiff
Advocate Botlawar for defendant/BMC present.
Adjd  to  20.11.2024   for plaintiff evidence/R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-11-2024

Date: 20-11-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
Holiday was declared on 20.11.2024 due to Assembly Election, hence matter is taken on today’s board and adjourned to  27.01.2025   for plaintiff evidence/R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-01-2025

Date: 27-01-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
None present for the plaintiff to proceed with the matter. Adv. Ms. Adv. Sujata Puri for defendant/MCGM is present.
Adjourned for dismissal to 15-03-2025.
Next Purpose: DISMISSAL
Next Hearing Date: 15-03-2025

Date: 15-03-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
None present for the plaintiff. Adv. Mr. Swapnil Bharti h/f Adv. Ms Sujata Puri for defendant/MCGM is present. The matter is kept back.
Later on at 12.35 pm
The appearance is as above.
Order Below Exhibit No. 01:
      The record shows that the plaintiff is absent to proceed further with the matter since last considerable time and hence, it is posted for dismissal order. Even today, it was absent and hence, the suit was kept back for its appearance, but in vain. Nor, any stay order is communicated on record. The suit is more than 04 years old. It is, thus, clear that it is not worried to proceed further with the suit. In the result, the suit is dismissed for want of its prosecution U/O. IX, Rule 8 of the C.P.C.,1908. All the pending applications are filed. The parties to bear their own costs of litigation. Bill of costs be drawn-up accordingly.
	The Original documents filed on record be returned to the respective parties, on their submitting its Certified Copies, if the documents are exhibited, or Self-attested True Copies, if the documents are not exhibited, along-with undertaking to furnish the originals as and when required by the Court. The concerned Department to do the needful. The proceeding is closed.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 15-03-2025

Additional Case Details

Additional Case Details
Filing Number: 103093/2020
Filing Date: 04-03-2020
First Hearing Date: 06th March 2020
Decision Date: 15th March 2025
Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE

Orders

1
Final Order 1Full order available
15 Mar 2025

Order Details: Other Pdf Text: Dt:15.03.2025 Sr. No. 21 SU 964/20 CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04) None present for the plaintiff. Adv. Mr. Swapnil Bharti h/f Adv. Ms Sujata Puri for defendant/MCGM is present. The matter is kept back. Later on at 12.35 pm The appearance is as above. Order Below Exhibit No. 01: The record shows that the plaintiff is absent to proceed further with the matter since last considerable time and hence, it is…

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