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SUIT - SHORT CAUSE CIVIL SUIT

Sahabunnisa wd/o Khalil AhmedVsMMRDA +1 more

CNR MHCC0100342520198-COURT 08 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 15th July 2023

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
101000/2019
Registration Date
10 Apr 2019

Advocates

1

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1

    Case History / Proceedings

    Case History
    Date: 02-05-2019
    Business: Already adjourned to 28.06.2019.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 28-06-2019
    
    Date: 28-06-2019
    Business: None present  for the Plaintiff.
    Adv. Subhedar for deft /MMRDA present
    The Plaintiff has failed to tendered registered N/M.
    Matter is adjd. to 7.08.2019 for compliance by the Plaintiff/ N/M reply/ N/M hearing.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 07-08-2019
    
    Date: 07-08-2019
    Business: Adv. Mr. Umawat for the Plaintiff present.
    Adv. Subhedar for deft MMRDA present
    Original registered N/M No. 2331/19 alongwith affidavit in support tendered by the Plaintiff. t.o.r.
    Matter is adjd. to 30.09.2019 for reply to N/M/ WS by the Defendant.
    Next Purpose: REPLY
    Next Hearing Date: 30-09-2019
    
    Date: 30-09-2019
    Business: Adv. Ms. Mushra Khan h/f Wasim Khan for the Plaintiff present.
    None present  for the Defendant.
    Matter is adjd. to 15.11.2019 for passing no reply order/ proof of service of writ of summons of Defendant-1 and 2
    Next Purpose: REPLY
    Next Hearing Date: 15-11-2019
    
    Date: 15-11-2019
    Business: Adv.Khan for plaintiff present.
    As court is busy in hearing urgent matters.Hence, Board is discharged.
    Matter adj for reply to 25.02.2020.
    Next Purpose: REPLY
    Next Hearing Date: 25-02-2020
    
    Date: 25-02-2020
    Business: Adv. Kumavat for Plaintiff is present.
    Adv. Subhedar for MMRDA/deft. no.1 Present. She seeks adjournment  for tendering N/M  reply. O Granted as a last chance.
    Matter is adjd. for N/M reply to 28/04/2020.
    Next Purpose: REPLY
    Next Hearing Date: 28-04-2020
    
    Date: 28-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPLY
    Next Hearing Date: 19-05-2020
    
    Date: 19-05-2020
    Business: National Lock Down
    Next Purpose: REPLY
    Next Hearing Date: 06-06-2020
    
    Date: 06-06-2020
    Next Purpose: REPLY
    Next Hearing Date: 24-06-2020
    
    Date: 24-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPLY
    Next Hearing Date: 11-12-2020
    
    Date: 11-12-2020
    Business: Court is on Leave.
    Next Purpose: REPLY
    Next Hearing Date: 17-03-2021
    
    Date: 17-03-2021
    Business: Adv. Hussain Khan for plaintiff
    None for defendant.
    Last chance is granted to defendants to file reply.
    Matter is adjd. to 03/05/2021 for NM reply.
    Next Purpose: REPLY
    Next Hearing Date: 03-05-2021
    
    Date: 03-05-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPLY
    Next Hearing Date: 23-07-2021
    
    Date: 23-07-2021
    Business: due to covid-19
    Next Purpose: REPLY
    Next Hearing Date: 20-09-2021
    
    Date: 20-09-2021
    Business: Adv. Mr. Wasim Khan for plaintiff present.
    Adv. Subhedar for defendant present.
    Advocate for the defendant seeks time for filing reply to NM.
    Matter is adjd. to 10/11/2021 for reply to NM.
    Next Purpose: REPLY
    Next Hearing Date: 10-11-2021
    
    Date: 10-11-2021
    Business: Court is on leave.
    Next Purpose: REPLY
    Next Hearing Date: 07-01-2022
    
    Date: 07-01-2022
    Business: Court is on leave.
    Next Purpose: REPLY
    Next Hearing Date: 14-03-2022
    
    Date: 14-03-2022
    Business: None present for plaintiff.
    None present for def. no. 02.
    Adv. Subhedar present for defendant no. 01 and sought adjournment for filling reply to nm.
    As matter is pending for nm reply since long, Matter adjourned as a last chance for nm reply to 13/04/22.
    Next Purpose: REPLY
    Next Hearing Date: 13-04-2022
    
    Date: 13-04-2022
    Business: None present for plaintiff.
    Adv. Subhedar present for defendant/MMRDA.
    It appears that, inspite of just opportunity defendant no. 01 failed to file reply to nm. Hence, nm no. 2331/2019  be proceeded without reply of the defendants. Matter adjourned for proof of service to df. no. 02/order to 18/06/22.
    Next Purpose: REPLY
    Next Hearing Date: 18-06-2022
    
    Date: 18-06-2022
    Business: None present for plaintiff.
    None present for defendant.
    As plaintiff and his advocate are absent and failed to file proof of service to defendant No. 2.
    Matter adjourned for N/M dismissal order to 30/06/2022.
    Next Purpose: DISMISSAL
    Next Hearing Date: 30-06-2022
    
    Date: 30-06-2022
    Business: None present for plaintiff.
    None present for defendant.
    As plaintiff and his advocate are absent and considering today\''s heavy rain.
    Matter adjourned for n/m dismissal order to 18/08/2022.
    Next Purpose: DISMISSAL
    Next Hearing Date: 18-08-2022
    
    Date: 18-08-2022
    Business: None present for plaintiff.
    Adv.Subhedar for defendant no.1 present.
    None present for defendant no.2.
    From the record it appears that plaintiff and his advocate are absent since long and  did not take steps to proceed further with the N/M 2331/19 and therefore, matter is kept for dismissal of N/M 2331/19.  Today also plaintiff and his advocate are absent. From the above conduct it appears that plaintiff is not interested to proceed further with the N/M 2331/19. Hence, N/M 2331/19 is dismissed as per order 9 Rule 8 of Code of Civil procedure.
    Issue writ of summons to the defendants as per rules.
    Matter adjourned for Service of writ of summons to 06.10.2022.
    Next Purpose: SERVICE
    Next Hearing Date: 06-10-2022
    
    Date: 06-10-2022
    Business: None present for plaintiff.
    None present for defendants.
    On the record it appears that since long plaintiff and their Advocate are absent and did not take steps to proceed further with the suit. Hence,
    Matter adjourned for service of writ of summons/dismissal order to 11.11.2022.
    Next Purpose: SERVICE
    Next Hearing Date: 11-11-2022
    
    Date: 11-11-2022
    Business: None present for plaintiff.
    Adv. Pathak hf Adv. Subhedar present for defendant 01/MMRDA.
    None present for other defendants.
    As plaintiff and his adv. are absent, and did not take steps to proceed further with suit. Hence, Matter adjourned for dismissal order to 17/12/22.
    Next Purpose: DISMISSAL
    Next Hearing Date: 17-12-2022
    
    Date: 17-12-2022
    Business: None present for plaintiff.
    None present for defendants.
    K.B.
    L.O. at 01.41 pm
    None present for plaintiff.
    From the record it appears that, plaintiff and his advocate are absent since long and did not take steps to proceed further with the suit and for service of writ of summons. Therefore matter is kept for dismissal order. Today also plaintiff and his advocate are absent. From the above conduct of the plaintiff, it appears that plaintiff is not interested to proceed further with the suit. Therefore, it will be appropriate to dismiss the suit as per Order 9 Rule 2/5 Of Code Of Civil Procedure. Hence, suit is dismissed as per Order 9 Rule 2/5 Of Code Of Civil Procedure. Proceeding is closed.
    l.o. at 05.08 pm.
    Adv. Kinjal Gogri hf adv. Vasim khan present for plaintiff.
    Plaint
    Vakalatnama. O- Seen and filed.
    Address Memo. O- R and R.
    List of documents. O - Seen and filed
    Affidavit in support of plaint
     and tendered application for restoration of suit. t.o.r. marked as exh.06.
    Following order is passed on Exh.06
    Order - From the matter on record it appears that, as the plaintiff and his advocate were absent in the morning session, till 1.41 pm, the suit was dismissed as per Order 9 Rule 2/5 Of Code Of Civil Procedure. From the application there appear just cause of non appearance of advocate for plaintiff in the morning session.
    As the application is taken out by plaintiff on the date of dismissal of the suit itself and considering the reason there in as plaintiff demonstrated sufficient cause for his advocate in morning session, it will be appropriate in the interest of justice to restore the suit to its original stage. Hence, application Exh. 06 is allowed. Suit be restored to its original stage.
    Matter adjourned for steps for service of writ of summons to 30/01/23.
    Next Purpose: SERVICE
    Next Hearing Date: 30-01-2023
    
    Date: 30-01-2023
    Business: None present for plaintiff.
    Adv. Subhedar present for defendant/MMRDA.
    As plaintiff and his adv. are absent, Matter adjourned for service of writ of summons/proof of service  to 17-03-23.
    Next Purpose: SERVICE
    Next Hearing Date: 17-03-2023
    
    Date: 17-03-2023
    Business: None present for plaintiff.
    None present for defendants.
    As plaintiff and his adv are absent.
    Matter adjourned for service of writ of summons/proof of service of writ of summons to 29.04.2023.
    LO at 01.1 pm
    Adv Subhedar present for defendant/MMRDA.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 29-04-2023
    
    Date: 29-04-2023
    Business: None present for plaintiff.
    Adv. Subhedar present for defendant/MMRDA.
    As plaintiff and his adv. are absent, Matter adjourned for service of writ of summons/proof of service/order to 06-07-23.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 06-07-2023
    
    Date: 06-07-2023
    Business: None present for plaintiff.
    Adv. Subhedar present for defendant/MMRDA.
    Matter adjourned for Dismissal order to 15.07.2023.
    Next Purpose: DISMISSAL
    Next Hearing Date: 15-07-2023
    
    Date: 15-07-2023
    Business: None present for plaintiff.
    None present for defendants.
    Plaintiff and his counsel are repeatedly absent. Plaintiff failed to take steps. Therefore, case is dismissed in default.
    Later on at 12.40 p.m.
    Adv. Subhedar for the defendant/MMRDA present.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 15-07-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 103651/2019
    Filing Date: 25-03-2019
    First Hearing Date: 02nd May 2019
    Decision Date: 15th July 2023
    Court Number And Judge: 8-COURT 08 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    15 Jul 2023
    Order Details: Other
    Pdf Text: Date
    15.07.2023
    18
    Coram: H.H.J. Shri. V. G. Raghuwanshi, City Civil Court, Mumbai.
    (C.R.08)
    SU
    1000/2019
    None present for plaintiff.
    None present for defendants.
    Plaintiff and his counsel are repeatedly absent. Plaintiff failed to
    take steps. Therefore, case is dismissed in default.
    Later on at 12.40 p.m.
    Adv. Subhedar for the defendant/MMRDA present.
    Judge
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