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…
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
1For Petitioner
For Respondent
Not available
Parties
14Acts & Sections
1Hindu 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: 21-09-2022Additional 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
2Final Order 1Full order available
21 Sept 2022
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…
TrustJury presents public court-record information for legal discovery and reference. Record availability and detail can vary by source and case.
