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SUIT - SHORT CAUSE CIVIL SUIT

M/s. Elite Constructions +2 moreVsFazal Mehmood Mohd. Ansari +10 more

CNR MHCC0100362120188-COURT 08 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 21st September 2022

TrustJury record updated 10 Sept 2026

Case Overview

Registration Number
100758/2018
Registration Date
17 Mar 2018

Advocates

1

For Respondent

    Not available

    Parties

    14

    Acts & Sections

    1
    Hindu Marriage Act · Sec 34 · 37 · 38

    Case History / Proceedings

    Case History
    Date: 11-06-2018
    Business: Already adjourned to 04.09.2018.
    Next Purpose: FOR___________________
    Next Hearing Date: 04-09-2018
    
    Date: 04-09-2018
    Business: Court is on leave
    Next Purpose: FOR___________________
    Next Hearing Date: 17-11-2018
    
    Date: 17-11-2018
    Reason For Adjournment: court time is over
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 13-02-2019
    
    Date: 13-02-2019
    Business: Adv. Ayush Sharma for plaintiff present.
    Adv. Suryavanshi for defendant nos.8 and 9 present.
    None present for other defendants.
    Learned advocate for plaintiff brought to the notice that despite granting ad-interim relief as per order dtd. 28.09.2018, there is no reference of grant of leave to register the draft NM in which the order of interim relief is passed.  Having gone through the record, I found substance in his argument.  Since reply of defendants is already called by granting status quo, leave to register the draft NM tendered on 28.09.2018 is granted.
    Earlier order to continue till next date.
    Adjd. for compliance by plaintiff and reply by defendants to 26.03.2019.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 26-03-2019
    
    Date: 26-03-2019
    Business: Adv. Ayush Sharma for plaintiff present and tendered registered NM 727/19 alongwith affidavit in support.
    Adv. Sneha Prabhu for defendant nos.10 and 11 present.
    Adv. Suryavanshi for defendant nos.8 and 9 present.
    AS court is busy in other old and urgent matters, board discharged and by consent, this suit is adjourned to 24.06.2019 at same stage.
    Earlier order, if any, to continue till next date.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 24-06-2019
    
    Date: 24-06-2019
    Business: As the court is busy in other matters on board. Hence, board is discharged.
    Earlier ad interim order be continued till next date.
    Matter is adjd. to 24.07.2019.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 24-07-2019
    
    Date: 24-07-2019
    Business: Adv. Hardik Desai for pff present.
    Adv. Sneha Prabu for Defendant 10 and 11 present.
    Adv. Suryawashi for Defendant no. 8 and 9 present.
    Earlier order to continue till next date.
    Adjd. to 26.08.2019 for  Reply by the defts./ proof of service of writ of summons to the Defendant no. 1 to 7.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 26-08-2019
    
    Date: 26-08-2019
    Business: Adv. Giriraj for the Plaintiff present.
    Adv. Pushpa Thapa h/f Sneha Prabhu for MHADA Defendant no. 10 and 11 present.
    Application tendered by the Plaintiff for withdrawal of the suit against Defendant nos. 3, 6 and 7. t.o.r Defendant no. 7 expired on 11.03.2019. Hence, suit is abated against Defendant no. 7. In view of prayer in this application, suit is hereby disposed of against Defendant nos. 3 and 6, as the plffs have withdrawal the suit.
    Suit to proceed against Defendant nos. 1, 2, 4, 5 and 8 to 11
    Earlier ad interim order be continued till next date.
    Matter is adjd. to 23.10.2019 for passing no reply order against Defendant nos. 1, 2, 4, 5 and 8 to 11/ proof of service of writ of summons.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 23-10-2019
    
    Date: 23-10-2019
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 20-11-2019
    
    Date: 20-11-2019
    Business: Court is busy in hearing urgent matter. Hence board is discharted.
    Earlier Ad-interim order, if any be continued till next date.
    Matter adjd for reply to 13.12.2019.
    Next Purpose: REPLY
    Next Hearing Date: 13-12-2019
    
    Date: 13-12-2019
    Business: Adv. Panchal for Plaintiff is present. She seeks time for tendering affidavit of service. O granted.
    Earlier Ad-interim order, if any be continued till next date.
    Matter is adjd. for service  to 24/01/2020
    Next Purpose: SERVICE
    Next Hearing Date: 24-01-2020
    
    Date: 24-01-2020
    Business: None present for Plaintiff
    Adv. Sneha Prabhu for defendant no.10 and 11 is present. She seeks time for N/M reply. O granted.
    Matter is adjd.  for N/M reply by defendant no. 10 and 11 to 11/03/2020.
    LO At 03.00 PM
    Earlier Ad-interim order, if any be continued till next date.
    Adv. Veer Kankaria for plaintiff is present.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 11-03-2020
    
    Date: 11-03-2020
    Business: Adv. Mr. Veer Kankaria for the Plaintiff present.
    None present  for the Defendant.
    Matter is adjd. to 24.06.2020 for N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 24-06-2020
    
    Date: 24-06-2020
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 21-10-2020
    
    Date: 21-10-2020
    Business: Due to lockdown because of Covid-19, board is discharged and as per SOP only urgent matters are taken up.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 09-02-2021
    
    Date: 09-02-2021
    Business: Adv. Ms. Panchal for the plaintiff.
    Adv. Chandramore for the defendants No.8 and 9.
    Defendants No.10 and 11 have failed to file reply to NM. Hence, NM to proceed without reply against defendants No.10 and 11.
    Matter is adjd. to 12/04/2021 for filing proof of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 12-04-2021
    
    Date: 12-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 12-06-2021
    
    Date: 12-06-2021
    Business: due to covid-19
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 28-07-2021
    
    Date: 28-07-2021
    Business: due to covid-19
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 17-09-2021
    
    Date: 17-09-2021
    Business: None for plaintiff.
    Adv. Chandramore for MCGM/defendant.
    Matter adjourned proof of service to 29.11.2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 29-11-2021
    
    Date: 29-11-2021
    Business: Adv Mr.Maj H/f Adv Mr.P.D.Gandhy present for the plaintiff.
    Adv Chandramore present for the defendant no.8 and 9
    Exh.6  Service affidavit filed by plaintiff.
    None appears for defendant nos. 10 and 11.
    None present for the defendant nos.1,2,4,5.
    Matter is adjd. to 21.01.2022 for filing of WS.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 21-01-2022
    
    Date: 21-01-2022
    Business: Due to SOP only urgent matters are taken up.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 02-03-2022
    
    Date: 02-03-2022
    Business: (As per order of Hon\''ble Principal Judge dtd.25/2/22, matter is reassigned to this court.)
    None present for plaintiff.
    None present for defendant.
    Matter adjd for necessary order to 29/3/22.
    Next Purpose: ORDER
    Next Hearing Date: 29-03-2022
    
    Date: 29-03-2022
    Business: None present  for plaintiff.
    None present for defendant.
    As plaintiff and his adv. are absent, Matter adjourned for nm reply/order to 20/06/22.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 20-06-2022
    
    Date: 20-06-2022
    Business: None present for plaintiff.
    Adv. Chandramore present for defendant/MCGM.
    None present for other defendants.
    As plaintiff and his adv. are absent, Matter adjourned for nm dismissal order to 21/07/22
    Next Purpose: DISMISSAL
    Next Hearing Date: 21-07-2022
    
    Date: 21-07-2022
    Business: As presiding officer is on leave. Hence matter is adjd. to
    Next Purpose: DISMISSAL
    Next Hearing Date: 20-08-2022
    
    Date: 20-08-2022
    Business: None present for plaintiff.
    None present for defendants.
    From the record it appears that, plaintiffs and their Adv. are absent since long and did not take steps to proceed further with the Notice of Motion No. 1290/18 & 727/19 and therefore matter is kept for dismissal order of Notice of Motion. Today also plaintiffs and their advocate are absent. From the above conduct of the plaintiffs, it appears that plaintiffs are not interested to proceed further with the Notice of Motion no. 727/19 & 1290/18. Therefore, it will be appropriate to dismiss the Notice of Motion no. 727/19 & Notice of Motion no. 1290/18 as per Order 9 Rule 3 Of Code Of Civil Procedure. Hence, Notice of Motion no. 727/19 & Notice of Motion no. 1290/18 are dismissed as per Order 9 Rule 3 Of Code Of Civil Procedure.
    Matter adjourned for hearing on Chamber Summons to 21.09.22.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 21-09-2022
    
    Date: 21-09-2022
    Business: Adv. Mansi shah present for plaintiff and tendered application for unconditional withdrawal of the suit. t.o.r. marked as Exh. 06..
    Plaintiff no 02 who is partner of plaintiff no. 01 is in person present and submitted that plaintiff is withdrawing suit unconditionally.
    None present for defendants.
    Order on Exh. 06.
    Order- Perused the application and record. As the plaintiff no. 02 and his advocate submitted that, plaintiffs wants to withdraw the suit unconditionally, it will be appropriate to permit the plaintiff to withdraw the suit unconditionally as prayed. Hence, application Exh. 06 is allowed and plaintiff is permitted to withdraw the suit unconditionally.
         Plaintiff and his advocate submitted to dispose of the suit as withdrawn unconditionally. Hence suit is disposed of as withdrawn unconditionally. Court fees as per rules be refunded to the plaintiff. As the suit is disposed off cs. no. 885/2018 does not survives. Hence, cs. no. 885/2018 is disposed off accordingly.
    Proceeding is closed.
    Nature Of Disposal: WITHDRAWL
    Disposal Date: 21-09-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 103981/2018
    Filing Date: 15-03-2018
    First Hearing Date: 11th June 2018
    Decision Date: 21st September 2022
    Court Number And Judge: 8-COURT 08 ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    21 Sept 2022

    Order Details: Other Pdf Text: Daily Status IN THE COURT OF :COURT 08 ADDL SESSIONS JUDGE Case No. :SUIT/0100758/2018 1.M/s. Elite Constructions 2.Abdulrehaman Ismail Balwa 3.Yaseen Ismail Balwa Vs 1.Fazal Mehmood Mohd. Ansari 2.Jakir Ansari Peer Mohd. 3.Mohd.Karim 4.Mohd.Ayub Abdul Gafaar Date : 21-09-2022 Business : Adv. Mansi shah present for plaintiff and tendered application for unconditional withdrawal of the suit. t.o.r. marked as Exh. 06.. Plaintiff no 02 who is partner of plaintiff no. 01 is in person present…

    Read Full Order
    Order 1Full order available
    21 Sept 2022

    Order Details: Other Pdf Text: Daily Status IN THE COURT OF :COURT 08 ADDL SESSIONS JUDGE Case No. :SUIT/0100758/2018 1.M/s. Elite Constructions 2.Abdulrehaman Ismail Balwa 3.Yaseen Ismail Balwa Vs 1.Fazal Mehmood Mohd. Ansari 2.Jakir Ansari Peer Mohd. 3.Mohd.Karim 4.Mohd.Ayub Abdul Gafaar Date : 21-09-2022 Business : Adv. Mansi shah present for plaintiff and tendered application for unconditional withdrawal of the suit. t.o.r. marked as Exh. 06.. Plaintiff no 02 who is partner of plaintiff no. 01 is in person present…

    Read Full Order

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