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SUIT - SHORT CAUSE CIVIL SUIT

Alamgiir Maqbool Khan +1 moreVsMaharashtra Housing and Area Authority

CNR MHCC01003056201912-COURT 12 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--CONSENT DECREE
Decision Date: 04th May 2019

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
100748/2019
Registration Date
18 Mar 2019

Advocates

1

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    Hindu Marriage Act · Sec 36 · 37

    Case History / Proceedings

    Case History
    Date: 08-04-2019
    Business: Adv. Dubey for plaintiff present.
    Adv. Kandekar for defendant no.1 present.
    Adv. Hardik Desai for defendant no.2 present and seeks time to file reply to N/M No.1347/19.
    Plaintiff is senior citizens aged more than 60 years hence, as per Office Order No.66/2019 dtd.04.04.2019, it is necessary to take steps for sending this matter to Special Court (C.R. No.9).
    Matter is adjd. to 18.04.219 for filing consent terms.
    Next Purpose: CONSENT TERM
    Next Hearing Date: 18-04-2019
    
    Date: 18-04-2019
    Business: Adjd
    Next Purpose: CONSENT TERM
    Next Hearing Date: 23-04-2019
    
    Date: 23-04-2019
    Business: Adv. Nesrikar filed VP at Exh.7 on behalf of plaintiff.
    Adv. Kandekar for defendant no.1 present.
    Adv. Hamid for defendant no.2 present.
    KB
    LO
    Same appearance.
    By consent, suit is adjourned for filing Consent Term to 26.04.2019.
    Next Purpose: CONSENT TERM
    Next Hearing Date: 26-04-2019
    
    Date: 26-04-2019
    Business: Both plaintiffs are present with their advocate Shri Joshi.
    Adv. Thapa h/f. Adv. Kandekar for defendant No.1 present.
    Adv. Hamid for defendant No.2 present.
    On request of advocates for plaintiffs and defendant No.2, matter adjourned for settlement to 02/05/2019 as learned advocates have submitted that parties are trying to work out amicable settlement.
    Next Purpose: SETTLEMENT
    Next Hearing Date: 02-05-2019
    
    Date: 02-05-2019
    Business: Adv. Nesrikar for plaintiff present.
    Adv. Dimondwala for applicant in C/S 729/19.
    Adv. Kandekar for defendant no.1 present.
    KB
    LO
    Adv. Joshi for plaintiff present.
    Adv. Dimandwala for defendant no.2 present and filed pursis at Ex.8 that defendant no.2 is adopting the affidavit filed in support of C/S as reply to NM of plaintiff.
    As court is busy in other urgent matters, this matter is adjourned to 03.05.2019 at 12.00 pm.
    Next Purpose: SETTLEMENT
    Next Hearing Date: 03-05-2019
    
    Date: 03-05-2019
    Business: Adv. Joshi for plaintiff present.
    Adv. Prabhu h/f Adv. Kandekar for defendant no.1 present.
    Adv. P.D. Gandhi for defendant no.2 present.
    Adv. Diamondwala applicant in C/S present.
    KB
    LO
    For want of time, adjourned to 04.05.2019.
    Next Purpose: SETTLEMENT
    Next Hearing Date: 04-05-2019
    
    Date: 04-05-2019
    Business: Adv. Rushabh Seth for plaintiffs present.
    Adv. Gandhi with Adv. Hamid for defendant no.2 present.
    On request of advocates for plaintiffs and defendant no.2, matter is referred to Mediator for attempts of settlement.  Parties are directed to appear before the Mediator today itself as it is informed that only few minor points have to be discussed by the parties.
    Kept back for awaiting report of Mediator.
    LO
    Report at Exh.9 of Judge Mediator is received with the Consent Terms Exh.10 that matter is settled between plaintiffs and defendant no.2 as per the Consent Terms.
    Both the plaintiffs are present with their learned adv. Shri Rushabh Seth.
    Adv. Sunita h/f Adv. Kandekar for defendant/MHADA present.
    Director Mr. Shehajad Reshamwala of defendant no.2 is present with Adv.  Hamid for defendant no.2.
    On enquiry, plaintiffs and defendant no.2 admitted the contents of the Consent Terms annexed to the Report of Mediator to be true, correct and admissible to all of them.  Plaintiff has filed pursis Exh.11 informing the court that plaintiffs are withdrawing the suit unconditionally against defendant no.1.  Advocate for defendant no.1 has submitted that defendant no.1 has no objection for settlement entered in to between the plaintiffs and defendant no.2.  Thus suit stands disposed of as withdrawn unconditionally by the plaintiff against defendant no.1 and settled between plaintiffs and defendant no.2 in terms of Consent Terms Exh.10.
    Consent Decree be drawn up accordingly in terms of Consent Terms Exh.10.
    Parties to bear their own costs.
    Pending notice of Motion No.1347/2019 stands disposed of as suit is finally disposed of as above.
    Proceeding is thus closed.
    Authenticated copy of this roznama be given to both the parties.
    Nature Of Disposal: CONSENT DECREE
    Disposal Date: 04-05-2019

    Additional Case Details

    Additional Case Details
    Filing Number: 103308/2019
    Filing Date: 16-03-2019
    First Hearing Date: 08th April 2019
    Decision Date: 04th May 2019
    Court Number And Judge: 12-COURT 12  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    04 May 2019

    Order Details: Other Pdf Text: Adv. Rushabh Seth for plaintiffs present. Adv. Gandhi with Adv. Hamid for defendant no.2 present. On request of advocates for plaintiffs and defendant no.2, matter is referred to Mediator for attempts of settlement. Parties are directed to appear before the Mediator today itself as it is informed that only few minor points have to be discussed by the parties. Kept back for awaiting report of Mediator. LO Report at Exh.9 of Judge Mediator is received…

    Read Full Order

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