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SUIT - SHORT CAUSE CIVIL SUIT

Mohammed Aslam NaisubullaVsThe Deputy Collector (Enc and Evi) and Competant

CNR MHCC0100366820208-COURT 08 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 17th December 2022

TrustJury record updated 28 Sept 2026

Case Overview

Registration Number
100148/2021
Registration Date
28 Jan 2021

Advocates

1

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Specific Relief Act · Sec 34 · 37

    Case History / Proceedings

    Case History
    Date: 28-01-2021
    Business: None present.
    Issue summons to defendants.
    Matter is adjd. to 12/04/2021 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 12-04-2021
    
    Date: 12-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: SERVICE
    Next Hearing Date: 12-06-2021
    
    Date: 12-06-2021
    Business: due to covid-19
    Next Purpose: SERVICE
    Next Hearing Date: 28-07-2021
    
    Date: 28-07-2021
    Business: due to covid-19
    Next Purpose: SERVICE
    Next Hearing Date: 06-10-2021
    
    Date: 06-10-2021
    Business: Court is on leave.
    Next Purpose: SERVICE
    Next Hearing Date: 16-12-2021
    
    Date: 16-12-2021
    Business: As Court is busy in hearing arguments in SU 2445/19 in NM 640/19 and urgent matters and by precipe matter on board. Hence, board is discharged.
    Matter is adjd. to 18.02.2022 for NM.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 18-02-2022
    
    Date: 18-02-2022
    Business: None present for both parties.
    Court is busy in dictating judgment in Suit No.7668/01
    Matter is adjd. for Notice of Motion hearing to 4/5/2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-05-2022
    
    Date: 04-05-2022
    Business: None present for plaintiff.
    None present for defendant.
    As plaintiff and his adv. are absent, Matter adjourned for nm hrg./order to 02/07/22.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-07-2022
    
    Date: 02-07-2022
    Business: None present for plaintiff.
    None present for defendant.
    As plaintiff and his advocate are absent,
    Matter adjourned for NM dismissal order to 06/08/2022 .
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 06-08-2022
    
    Date: 06-08-2022
    Business: None present for plaintiff.
    None present for defendant.
    From the record it appears that, plaintiff and his adv. are absent since long and did not take steps to proceed further with the nm no. 1278/2020 and therefore matter is kept for dismissal order of  nm no. 1278/2020. 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  nm no. 1278/2020. Therefore, it will be appropriate to dismiss the  nm no. 1278/2020 as per Order 9 Rule 3 Of Code Of Civil Procedure. Hence  nm no. 1278/2020 is dismissed as per Order 9 Rule 3 Of Code Of Civil Procedure.
    Matter is adjd. For proof of service of writ of summons/order to 20/09/22.
    Next Purpose: SERVICE
    Next Hearing Date: 20-09-2022
    
    Date: 20-09-2022
    Business: None present for plaintiff.
    None present for defendant.
    As plaintiff and his adv. are absent, Matter adjourned for service of writ of summons/proof of service of writ of summons to 16/11/22.
    Next Purpose: SERVICE
    Next Hearing Date: 16-11-2022
    
    Date: 16-11-2022
    Business: None present for plaintiff.
    None present for defendants.
    As plaintiff and his adv are absent and did not take steps for service of writ of summons.
    Matter adjourned for Dismissal order to 17.12.2022.
    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 01.42 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 to the defendants. 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.
    Nature Of Disposal: DISMISSED
    Disposal Date: 17-12-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 104090/2020
    Filing Date: 30-07-2020
    First Hearing Date: 28th January 2021
    Decision Date: 17th December 2022
    Court Number And Judge: 8-COURT 08 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    17 Dec 2022
    Order Details: Other
    Pdf Text: Daily Status
    IN THE COURT OF :COURT 08 ADDL SESSIONS JUDGE
    Case No. :SUIT/0100148/2021
    Mohammed Aslam Naisubulla Vs The Deputy Collector (Enc and Evi) and Competant
    Date : 17-12-2022
    Business : None present for plaintiff. None present for defendants.
    K.B. L.O. at 01.42 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 to the defendants.
    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.
    Nature of Disposal : DISMISSED
    Disposal Date : 17-12-2022
    COURT 08 ADDL SESSIONS JUDGE
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