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SUIT - SHORT CAUSE CIVIL SUIT

Mrs. Razia Sultana Widow of late Mohammed Hanif ShaikhVsMr. Yasin Mohammed Hanif Shaikh

CNR MHCC01003656201862-COURT 62 AD-HOC ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 07th October 2023

TrustJury record updated 10 Sept 2026

Case Overview

Registration Number
101686/2018
Registration Date
07 Jul 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Petitioner

    1. 1Mrs. Razia Sultana Widow of late Mohammed Hanif Shaikh

    Respondent

    1. 1Mr. Yasin Mohammed Hanif Shaikh

    Acts & Sections

    1
    Hindu Marriage Act · Sec 34

    Case History / Proceedings

    Case History
    Date: 30-07-2018
Business: Adv.Ms.Kirti Gupta for Plaintiff present.
None for defendant
Issue writ of summons to the defendants for settlement of issues and filing written statement on payment of necessary Process fees and charges.
Adjd.for service on 01.09.2018.
Next Purpose: SERVICE
Next Hearing Date: 01-09-2018

Date: 01-09-2018
Business: HHJ is Nominated as trainer for training on mediation hence today Board is discharged
Next Purpose: SERVICE
Next Hearing Date: 07-01-2019

Date: 07-01-2019
Business: Adv. Noman Jaffery for Plaintiff present.
Deft and Adv. Absent.
Ex.2 Plff tendered writ of summons on record alongwith envelope containing copy of plaint. Summons not served on Defendant.
Issue fresh summons through bailiff on payment of P.F.
Adj for service to 22.02.2019.
Next Purpose: SERVICE
Next Hearing Date: 22-02-2019

Date: 22-02-2019
Business: Adv. Jafferi for Plaintiff present.
Deft and Adv absent.
Ex.3 Appln filed by Plaintiff to serve Defendant at new address t.o.r.
Allowed on P.F. through Bailiff as prayed.
Adj for service to 20.04.2019.
Next Purpose: SERVICE
Next Hearing Date: 20-04-2019

Date: 20-04-2019
Business: L.O. at 2.45 p.m.
Advocate Ms. H. A. Shaikh for Plaintiff present and filed affidavit of service of summons, t.o.r.  Advocate for Plaintiff also filed an application for re-issuing summons through bailiff\''s office for service upon Defendant. O-Re-issue summons through bailiff\''s office for service upon Defendant.
Plaintiffs advocate submitted that matter may be fixed in the first week of July, hence date is preponed to 10/07/2019.
Next Purpose: SERVICE
Next Hearing Date: 10-07-2019

Date: 10-07-2019
Business: Plaintiff present.
As court is busy in hearing and  dictating order in suit No. 3605/09 and Suit No. 3606/09 hence board discharged.
Case is adjourned to 24/09/2019 for CS hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 24-09-2019

Date: 24-09-2019
Business: Court is busy in hearing and dictating order on Notice of Motions in suit no.1762/18 and 2822/18, hence case is adjourned to 18/11/2019.
Next Purpose: C/S  HEARING
Next Hearing Date: 18-11-2019

Date: 18-11-2019
Business: Court is on leave.
Next Purpose: C/S  HEARING
Next Hearing Date: 04-02-2020

Date: 04-02-2020
Business: None present for Plaintiff.
None present for Defendant.
Case is adjourned to 02/04/2020 for Chamber Summons hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 02-04-2020

Date: 02-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S  HEARING
Next Hearing Date: 24-04-2020

Date: 24-04-2020
Business: National Lock down
Next Purpose: C/S  HEARING
Next Hearing Date: 04-06-2020

Date: 04-06-2020
Business: Case is adjd.to 22.06.20 in view of extension of Lockdown period as per office order no.83/20 dtd.01.06.20
Next Purpose: C/S  HEARING
Next Hearing Date: 22-06-2020

Date: 22-06-2020
Business: Matter is adjd. to 19.08.2020
Next Purpose: C/S  HEARING
Next Hearing Date: 19-08-2020

Date: 19-08-2020
Business: Due to covid-19 pandemic and lockdown
Next Purpose: C/S  HEARING
Next Hearing Date: 22-10-2020

Date: 22-10-2020
Business: None present for Plaintiffs.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 25.01.2021 for Ch/summons hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 25-01-2021

Date: 25-01-2021
Business: None present for both parties.
Matter is wrongly shown for hearing on Ch/s as, any ch/s taken out by either party is not found available on record. Plff to file affidavit of service of writ of summons on defts.
As nobody is present for both parties, considering the present pandemic condition, matter is adjd. for service to 28.04.2021.
Next Purpose: SERVICE
Next Hearing Date: 28-04-2021

Date: 28-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 25-06-2021

Date: 25-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 01-09-2021

Date: 01-09-2021
Business: None present for plff.
Plff has not filed affidavit of service of writ of summons hence, matter is adjd. for dismissal order to 22.11.2021.
Next Purpose: DISMISSAL
Next Hearing Date: 22-11-2021

Date: 22-11-2021
Business: Clerk M.S. Bahadur of Adv Mr.Mir Associates of plff present and filed application for issuance of fresh writ of summons with direction to effect service by way of pasting. Perused the bailiff report. Bailiff has reported that the address premises of deft was found locked when bailiff had been to effect service of writ of summons. Application is allowed with direction to the bailiff to effect service by way of substituted mode of pasting at conspicuous place on the given address, if the deft is not found available for effecting service.
None present for deft.
Matter is adjd. for awaiting report to 27.01.2022.
Next Purpose: REPORT
Next Hearing Date: 27-01-2022

Date: 27-01-2022
Business: Due to Covid 19
Next Purpose: REPORT
Next Hearing Date: 08-04-2022

Date: 08-04-2022
Business: None present for plff.
Matter is adjd. for awaiting report of bailiff to 14.07.2022.
Next Purpose: REPORT
Next Hearing Date: 14-07-2022

Date: 14-07-2022
Business: None present when called.
Matter adjd to 12/09/2022 for bailiff report.
Next Purpose: REPORT
Next Hearing Date: 12-09-2022

Date: 12-09-2022
Business: None present for both sides.
Matter adjd to 21.11.2022 for bailiff report.
Next Purpose: REPORT
Next Hearing Date: 21-11-2022

Date: 21-11-2022
Business: None present for both sides.
Since 08.04.2022 suit is on the same stage. The plaintiff is constantly absent since 08.04.2022, hence, keep for dismissal.
Matter adj. to 17.02.2023 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 17-02-2023

Date: 17-02-2023
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 26-04-2023 for Dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 26-04-2023

Date: 26-04-2023
Business: None present for plaintiff and defendant.
Kept back.
Later on at 4.37 p.m.
Due to paucity of time, matter adj. to 21.06.2023 for dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 21-06-2023

Date: 21-06-2023
Business: None for plaintiff.
None for defendant.
Matter is adjd.to 18-08-2023 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 18-08-2023

Date: 18-08-2023
Business: None for plaintiff.
None for defendant
Matter is adjd.to  15-09-2023 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 15-09-2023

Date: 15-09-2023
Business: Court is on leave.
Next Purpose: DISMISSAL
Next Hearing Date: 07-10-2023

Date: 07-10-2023
Business: None for plaintiff.
None for defendant
From the perusal of the record, it seen that though the suit has been instituted  as long back as on 16-03-2018, the plaintiff failed to serve the defendant with writ of summons and other necessary documents yet. It is also apparent that since last more than 3 years the plaintiff is not attending the matter to prosecute the suit against the defendant though the suit is under the caption of dismissal order from 01-09-2021. It is thus obvious that the plaintiff has loss her interest in prosecuting the suit against the defendant. Hence, there is no justification to keep the suit pending anymore but to dismiss the same for default. Suit stands accordingly dismissed.
Nature Of Disposal: DISMISSED
Disposal Date: 07-10-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 104023/2018
Filing Date: 16-03-2018
First Hearing Date: 30th July 2018
Decision Date: 07th October 2023
Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1
    07 Oct 2023
    Order Details: Other
Pdf Text: Back
Daily Status
IN THE COURT OF :COURT 62 ADDL SESSIONS JUDGE
Case No. :SUIT/0101686/2018
Mrs. Razia Sultana Widow of late Mohammed Hanif Shaikh Vs Mr. Yasin Mohammed Hanif Shaikh
Date : 07-10-2023
Business : None for plaintiff. None for defendant From the perusal of the
record, it seen that though the suit has been instituted as long
back as on 16-03-2018, the plaintiff failed to serve the
defendant with writ of summons and other necessary
documents yet. It is also apparent that since last more than 3
years the plaintiff is not attending the matter to prosecute the
suit against the defendant though the suit is under the caption
of dismissal order from 01-09-2021. It is thus obvious that the
plaintiff has loss her interest in prosecuting the suit against the
defendant. Hence, there is no justification to keep the suit
pending anymore but to dismiss the same for default. Suit
stands accordingly dismissed.
Nature of Disposal : DISMISSED
Disposal Date : 07-10-2023
COURT 62 ADDL SESSIONS JUDGE
Print
-- 1 of 1 --
    Order 1
    07 Oct 2023
    Order Details: Other
Pdf Text: Back
Daily Status
IN THE COURT OF :COURT 62 ADDL SESSIONS JUDGE
Case No. :SUIT/0101686/2018
Mrs. Razia Sultana Widow of late Mohammed Hanif Shaikh Vs Mr. Yasin Mohammed Hanif Shaikh
Date : 07-10-2023
Business : None for plaintiff. None for defendant From the perusal of the
record, it seen that though the suit has been instituted as long
back as on 16-03-2018, the plaintiff failed to serve the
defendant with writ of summons and other necessary
documents yet. It is also apparent that since last more than 3
years the plaintiff is not attending the matter to prosecute the
suit against the defendant though the suit is under the caption
of dismissal order from 01-09-2021. It is thus obvious that the
plaintiff has loss her interest in prosecuting the suit against the
defendant. Hence, there is no justification to keep the suit
pending anymore but to dismiss the same for default. Suit
stands accordingly dismissed.
Nature of Disposal : DISMISSED
Disposal Date : 07-10-2023
COURT 62 ADDL SESSIONS JUDGE
Print
-- 1 of 1 --

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