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SUIT - SHORT CAUSE CIVIL SUIT

Sarwar Hussain ZaidiVsMCGM

CNR MHCC0100318420194-COURT 04 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 07th March 2025

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
100811/2019
Registration Date
25 Mar 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Respondent

    1. 1MCGM

    Acts & Sections

    1
    Hindu Marriage Act · Sec 35 · 36

    Case History / Proceedings

    Case History
    Date: 17-06-2019
    Business: None for plaintiff.
    Adv. Ms. Patil for Def/MCGM present.
    Already adjd. to 24.06.2019 for writ of summons.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 24-06-2019
    
    Date: 24-06-2019
    Business: None for plaintiff.
    Report of service of writ of summons is not yet filed, hence suit is kept for dismissal on next date.
    Adjd to 21.08.2019 for dismissal.
    L. o at 12.30 p.m. Adv. Adv. Tariq Choudhary for plaintiff.
    On oral request of ld adv for plff, adjournment granted.
    Adjd to 21.08.2019 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 21-08-2019
    
    Date: 21-08-2019
    
    Date: 18-11-2019
    Business: Adv. Tariq Chaudhari   for plaintiff present and tendered original writ of summons.
    Adv. Mr. S.C. Khandagale for Deft/MCGM present.
    On oral request of advocate for Defendant, adjournment granted
    Matter is referred to lok - nayalay on 14-12-2019
    Adjd to 21-02-2020  for WS .
    Next Purpose: SERVICE
    Next Hearing Date: 21-02-2020
    
    Date: 21-02-2020
    Business: Adv. Tariq Chaudhary  for plaintiff present.
    Adv. Khandagle for MCGM/Deft. present.
    On oral request of advocate for Defendant, adjournment granted as last chance.
    Matter adjd to 19.06.2020 for W/S.
    Next Purpose: SERVICE
    Next Hearing Date: 19-06-2020
    
    Date: 19-06-2020
    Next Purpose: SERVICE
    Next Hearing Date: 12-10-2020
    
    Date: 12-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: SERVICE
    Next Hearing Date: 16-12-2020
    
    Date: 16-12-2020
    Business: Adv.Mr.Tariq Chaudhari for plaintiff present.
    Adv.Mr.Khandagale for deft/MCGM present and requested for time to file Written Statement. O-Time is Granted till next date.
    Matter adjd to 24.02.2021 for Written Statement.
    Next Purpose: SERVICE
    Next Hearing Date: 24-02-2021
    
    Date: 24-02-2021
    Business: Adv. Tariq Chaudhari for plaintiff present.
    Adv. Ms. Hazare h/f Adv. Khandagale for deft no.1/MCGM present and requests for time to file WS. Time is granted till next date.
    Matter adjd to 12/04/2021 for WS.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 12-04-2021
    
    Date: 12-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 14-07-2021
    
    Date: 14-07-2021
    Business: Due to Covid-19 pandemic
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 30-08-2021
    
    Date: 30-08-2021
    Business: None for plaintiff.
    Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
    On oral request of advocate of defendant / MCGM  to file written statement, time is granted till next date.
    Adjd. To 11/10/2021 for written statement.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 11-10-2021
    
    Date: 11-10-2021
    Business: Adv Tariq Chaudhary for plaintiff present.
    Adv. Mrs. Tondwalkar for Defendant no.2/MCGM is present and requests for time to file W/s.
    Time is granted till next date.
    Adjd. To 22/11/2021 for W/s
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 22-11-2021
    
    Date: 22-11-2021
    Business: None for plaintiff.
    Adv. Mrs. Tondwalkar for Defendant/MCGM is present and requests for time to file written statement.
    Time is granted till next date.
    Adjd. To 28/01/2022 for filing w/s.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 28-01-2022
    
    Date: 28-01-2022
    Business: In view of office order no.7/2022 dated 07.01.2022 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06.01.2022 of Hon\''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s.
    Adjd. to 09/03/2022 for filing w/s.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 09-03-2022
    
    Date: 09-03-2022
    Business: None for plaintiff.
    Adv Mrs Tondwalkar for defendant / MCGM is present and requests for time to file written statement. Time is granted till next date.
    Adjd. To 20/04/2022 for filing w/s.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 20-04-2022
    
    Date: 20-04-2022
    Business: None for plaintiff.
    Adv Mrs Tondwalkar for defendant / MCGM is present and requests for time to file w/s. Time is granted till next date.
    Adjd. To 08/07/2022 for W/S.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 08-07-2022
    
    Date: 08-07-2022
    Business: Adv. Tariq Chaudhary for plaintiff present.
    Adv. Mrs. Tondwalkar for defendant/ MCGM is present and requested time to file W/S. Time is granted till next date as a last chance.
    Adjd. to 19/08/2022 for filing W/S.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 19-08-2022
    
    Date: 19-08-2022
    Business: Adv. Shaikh Arin h/f Adv. Tariq Chaudhary for plaintiff present.
    Adv. Mrs. Tondwalkar for defendant/ BMC is present and requested time to file W/S as she has not received instructions therefore, one more last chance is granted.
    Adjd. to 30/09/2022 for W/S.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 30-09-2022
    
    Date: 30-09-2022
    
    Date: 19-10-2022
    Business: N.O.B., T.O.B. for placing the matter before National Lok-Adalat on 12/11/2022.
    None for plaintiff.
    Adv. Mrs. Tondwalkar for defendant/ BMC present.
    Matter is referred to National Lok-Adalat will be held on 12/11/2022.
    Issue notice to plaintiff to remain present before the National Lok-Adalat on 12/11/2022 at 10.30 a.m.
    Adjd. to 12/11/2022 for Lok-Adalat.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 12-11-2022
    
    Date: 12-11-2022
    Business: NATIONAL LOK ADALAT HELD ON 12.11.2022 (PANEL-VII)
    Matter pertains to CR No.04
    Plaintiff absent.
    Adv. Rawade for defendant/BMC present.
    Shri Ashok Tastode JE. B and F for BMC present
    Settlement not arrived at.
    Matter posted before regular Court.
    Matter is adjd to14.12.2022
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 14-12-2022
    
    Date: 14-12-2022
    Business: Adv. Arif Shaikh h/f Adv. Tariq Chaudhary for plaintiff present.
    Adv. Mrs. Tondwalkar for defendant/ BMC is present and requested time to file W/S. Time is granted till next date.
    Adjd. to 23/01/2023 for W/S.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 23-01-2023
    
    Date: 23-01-2023
    Business: Adv. Tariq Chaudhary for plaintiff present.
    Adv. Mrs. Tondwalkar for defendant/ BMC is present.
    Matter is referred to Lok-Adalt will be held on 11/02/2023.
    Both parties are directed to remain present before the National Lok-Adalat at 10.30 a.m.
    Adv. for plaintiff is directed to keep present plaintiff on Lok-Adalat on 11/02/2023 at 10.30 a.m.
    Adjd. to 11/02/2023 for Lok-Adalat.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 11-02-2023
    
    Date: 11-02-2023
    Business: Matter pertains to CR No.04
    None present for plaintiff.
    Adv Om Suryavanshi  for defendant/BMC present.
    Settlement not arrived at.
    Matter posted before regular Court.
    Matter is adjd to 06.04.2023
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 06-04-2023
    
    Date: 06-04-2023
    Business: None for plaintiff.
    Adv. Ms. Mhatre h/f Adv. Suryavanshi for defendant / BMC is present and requested for time to file W.S.. Statutory period to file W.S. is over, hence matter is kept for No W.S. order.
    Adjd. to 23.06.2023 for No W.S. order.
    Next Purpose: ORDER
    Next Hearing Date: 23-06-2023
    
    Date: 23-06-2023
    
    Date: 27-09-2023
    Business: None present for plaintiff.
    Advocate Suryavanshi  for defendant/BMC present.
    It appears that writ of summons has been served upon defendant/BMC on 19.08.2019 but inspite of sufficient time defendant/BMC has not filed WS.  Statutory period for filing Ws is over. Hence suit to proceed without WS.
    Adjd  to 12.02.2024   for R.E. (Without WS)
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 12-02-2024
    
    Date: 12-02-2024
    Business: Advocate  Avdhesh Yadav h/f Tariq Chaudhary for plaintiff present and requested time to file evidence.  Granted.
    Advocate Suryavanshi  for defendant/BMC present.
    Adjd  to  29.04.2024  for plaintiff evidence/R.E. ( Without WS)
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 29-04-2024
    
    Date: 29-04-2024
    
    Date: 26-06-2024
    Business: None present for plaintiff
    Advocate Botlawar  for defendant/BMC present.
    Adjd  to 02.08.2024     for  evidence of plaintiff /R.E.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 02-08-2024
    
    Date: 02-08-2024
    Business: None present for plaintiff
    Advocate Botlawar for defendant/BMC present.
    Adjd  to 25.09.2024     for plaintiff evidence( Without WS)
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 25-09-2024
    
    Date: 25-09-2024
    
    Date: 19-10-2024
    Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
    Advocate Tariq Chaudhary for plaintiff present and submitted that plaintiff has replied impugned notice but till  date BMC has not passed speaking order. Hance Court has  granted ad-interim protection.  He further requested to refer the matter to National Lok-Adalat. Hence matter is referred to National Lok-Adalat will be held on 14/12/2024.
    Plff to remain present on 14/12/2024 at 10.30 a.m.
    Hence Adjd and referred to Lok-Adalat.
    Advocate Pooja Nagarthawar  for defendants/BMC present.
    Adjd  to 14/12/2024 for Lok-Adalat.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 14-12-2024
    
    Date: 14-12-2024
    
    Date: 29-01-2025
    Business: Adv. Mr. Tariq Chaudhary for the plaintiff is present and sought time to lead evidence. Sufficient time is already granted. Hence, this request is discarded. The suit is posted for dismissal. Adv. Ms. Puri for defendant/MCGM is present.
    Adjourned for dismissal (LN) to 07.03.2025.
    Next Purpose: DISMISSAL
    Next Hearing Date: 07-03-2025
    
    Date: 07-03-2025
    Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
    None present for the plaintiff. Adv. Ms. Sujata Puri for defendant/ MCGM is present. The matter is kept back.
    Later on at 12.20 pm.
    None present for the plaintiff to proceed with the matter. Rest 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, he was absent and hence, the suit was kept back for his appearance, but in vain. Nor, any stay order is communicated on record. The suit is more than 05 years old. It is, thus, clear that he is not worried to proceed further with the suit. In the result, the suit is dismissed for want of his 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: 07-03-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 103372/2019
    Filing Date: 18-03-2019
    First Hearing Date: 17th June 2019
    Decision Date: 07th March 2025
    Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    07 Mar 2025

    Order Details: Other Pdf Text: Dt:07.03.2025 Sr. No. 5 SU 811/19 CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04) None present for the plaintiff. Adv. Ms. Sujata Puri for defendant/ MCGM is present. The matter is kept back. Later on at 12.20 pm. None present for the plaintiff to proceed with the matter. Rest 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…

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