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SUIT - SHORT CAUSE CIVIL SUIT

Shaikh Mohammed Shamim Hakim KasimVsMHADA +17 more

CNR MHCC01003706201912-COURT 12 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 22nd February 2021

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
101485/2019
Registration Date
15 Jun 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    19

    Petitioner

    1. 1Shaikh Mohammed Shamim Hakim Kasim

    Respondent

    1. 1MHADA
    2. 2Executive Engineer
    3. 3Saifee Burhani Upliftment Trust
    4. 4Shaikh Zoeb Bhai Ahmedali Bootwala
    5. 5Shahzada Qaidjoher Bhaisaheb
    6. 6Shahzada Taha Bhaisaheb
    7. 7Dr. Moiz Bhaisaheb H. Nooruddin
    8. 8Alisager Bhaisaheb Bin Shahzada
    9. 9Abdulqader Bhaisaheb Bin Dr. Moiz
    10. 10Shaikh Abdeali Bhai Bhanpurawala
    11. 11Shaikh Ebrahim Faizullabhoy
    12. 12Shaikh Abdullah Bhai Electricwala
    13. 13Shabbir Bhai Morbwala
    14. 14Shaikh Asger Bhai Arsiwala
    15. 15Abbas Bhai Jasdanwala
    16. 16Shaikh Mansoor Adil Zainulbhai
    17. 17Shaikh Shabbir Bhai Bharmal
    18. 18Khuzaima Bhai Anajwalla

    Acts & Sections

    2
    Hindu Marriage Act · Sec 34
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 21-06-2019
Business: Adv. Altaf Khan for the Plaintiff present.
Adv. Bhadang for Defendant nos. 3 to 18 present.
Adv. Prabhu for MHADA Defendant no. 1 and 2 present.
Heard arguments.
Matter is adjd. to 29.06.2019 for N/M orders.
Next Purpose: NM  ORDERS
Next Hearing Date: 29-06-2019

Date: 29-06-2019
Business: None present  for the Plaintiff.
Adv. Sholk for Defendant no. 3 present.
Adv. Prabhu for MHADA Defendant no. 1 and 2 present.
Court is busy in other matters on board.
Matter is adjd. to 4.07.2019 for orders.
Next Purpose: NM  ORDERS
Next Hearing Date: 04-07-2019

Date: 04-07-2019
Business: Adv. Vivek Shukla for the Plaintiff present.
Adv. Shlok for Defendant nos. 3 to 17 present.
Vakalatnama tendered by Defendant no. 3 to 17. t.o.r. O-filed.
Adv. Prabhu for MHADA Defendant no. 1 and 2 present.
Written submissions tendered by the Plaintiff. t.o.r.
Matter is adjd. to 18.07.2019 for reply arguments on written submissions by defts.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-07-2019

Date: 18-07-2019
Business: Adv. Sita Yadav for the Plaintiff present.
Adv. Nanki for Defendant No. 3 to 17 present.
Adv. Prabhu for defendant No. 1 and 2 present.
Adv. Nanki filed written submissions on behalf of defendant No. 3 to 17. tor
Mr. Anil Govardhan Deputy engineer C-1 ward MHADA is also present.
Adv. for plaintiff tendered Notice of MHADA dt. 09/07/2019. In view of the said notice it is submitted by the adv. for defendant/MHADA and officer who is present before the court,  that notice structure building is 80 years old building and concerned plaintiff has to take risk of life of his family and passers by if any untoward incident occurred in respect of the said building.
Considering the submissions of Adv. for MHADA and officer of MHADA, if the plaintiff is not intending to vacate the premises in view of notice dt. 09/07/2019, it is for the plaintiff to take risk at his own in respect of suit subject shop and customers in the shops and passers by.
Accordingly the plaintiff is directed to file undertaking before the court on 19/07/2019.
Failure to file undertaking by the plaintiff, MHADA is at liberty to initiate further action against the plaintiff in view of notice dt. 09/07/2019
Matter is adjd. to 19/07/2019 for undertaking by the plaintiff at 11 am
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-07-2019

Date: 19-07-2019
Business: Plaintiff present.
Adv. Sita Yadav for the Plaintiff present.
Adv. Paridhi for Defendant No. 3 to 17 present.
Adv. Prabhu for defendant No. 1 and 2 present.
Exh- 1 Plaint.
Exh- 2 Vakalatnama of plaintiff
Exh- 3 Memorandum of address of plaintiff.
Exh- 4  Undertaking by the plaintiff. tor.
Matter is adjd. to 24/07/2019 for NM orders
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-07-2019

Date: 24-07-2019
Business: Adv. Altaf Khan for Plaintiff present.
Adv. Prabhu for Defendant no. 1 and 2 present.
Adv. Shlok h/f adv. Bhadang for Defendants no. 3 to 18 present.
Heard advocates for both parties.
By consent of adv. for Plaintiff and defts.  matter is adjd. for orders on next date on the ground of possibility of settlement in the suit.
Matter is adjd.to 31.07.2019 at 11.00am.
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-07-2019

Date: 31-07-2019
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-08-2019

Date: 01-08-2019
Business: None present  for the Plaintiff.
Adv. Bhadang for Defendant-3 to 17 present.
Adv. Prabhu for MHADA Defendant no. 1 and 2 present.
Copy of order passed in WP 1811/19 filed by Defendant-3 to 17. t.o.r.
KB
Court time is over.
Matter is adjd. to 5.08.2019
Next Purpose: NM  ORDERS
Next Hearing Date: 05-08-2019

Date: 05-08-2019
Business: Adjd
Next Purpose: FOR___________________
Next Hearing Date: 06-08-2019

Date: 06-08-2019
Business: Adjd
Next Purpose: FOR___________________
Next Hearing Date: 07-08-2019

Date: 07-08-2019
Business: Plaintiffs in person present.
Adv. Mr. Bhadang for Defendant-3 to 18 present.
Adv. Prabhu for MHADA Defendant no. 1 and 2 present.
Officer of MHADA present.
Matter is adjd. to 20.11.2019 for proof of service of writ of summons/ WS by the Defendant
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 20-11-2019

Date: 07-08-2019
Business: Plaintiffs in person present.
Adv. Mr. Bhadang for Defendant-3 to 18 present.
Adv. Prabhu for MHADA Defendant no. 1 and 2 present.
Officer of MHADA present.
Matter is adjd. to 20.11.2019 for proof of service of writ of summons/ WS by the Defendant
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 20-11-2019

Date: 20-11-2019
Business: None for plaintiff.
Adv. Akash Lodha for D-3 to 18 present.
Adv.Ms.Prabhu for MHADA/deft.Present.
Matter adjd for W/S to 12.02.2020.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 12-02-2020

Date: 12-02-2020
Business: None present for Plaintiff.
Adv. Prabhu for defendant no.1 and 2 is present. She filed application for considering the affidavit in reply as WS in the suit.  O granted.
Affidavit in reply of defendant no. 1 and 2 (WS)
Matter is adjd.  for draft issues to 17/04/2020.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 17-04-2020

Date: 17-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: DRAFT ISSUES
Next Hearing Date: 06-05-2020

Date: 06-05-2020
Next Purpose: DRAFT ISSUES
Next Hearing Date: 28-05-2020

Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: DRAFT ISSUES
Next Hearing Date: 15-06-2020

Date: 15-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: DRAFT ISSUES
Next Hearing Date: 06-11-2020

Date: 06-11-2020
Business: None present for the plff.
Adv. Ms. Yogini Borade for deft/Trust present.
Issues framed. exh. 7
Matter adjd to 15.02.2021 for list of witnesses.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-02-2021

Date: 15-02-2021
Business: None for plaintiff.
Adv. B. S.  Prabhu for the defendants No.1 and 2.
Adv. Ms. Sadaf for the defendant No.3.
No list of witnesses is filed.
Matter is adjd. to 04/05/2021 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-02-2021

Date: 22-02-2021
Business: By praecipe.
Plaintiff in person present.
Adv. V. S. Prabhu for the defendants No.1 and 2.
Adv. Ms. Yogini Borade h/f Adv. Gandhy  for the defendants No.3 to 18.
The plaintiff filed application for withdrawing suit unconditionally.
Order Below Exh.7
    Verified facts from the plaintiff. He admits the contents of the application and his signature thereon. As the plaintiff wants to  withdraw the suit unconditionally, leave of the Court is not recorded. Hence, the application is read and recorded.
ORDER Below Exh.1.
1.  In view of the application at Exh. 7, the suit is dismissed as withdrawn unconditionally.
2. Suit No.  1485 of 2019 is accordingly disposed of.
3. Bill of cost be prepared accordingly.
Nature Of Disposal: WITHDRAWL
Disposal Date: 22-02-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 104020/2019
Filing Date: 02-04-2019
First Hearing Date: 21st June 2019
Decision Date: 22nd February 2021
Court Number And Judge: 12-COURT 12  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    22 Feb 2021
    Order Details: Other
Pdf Text: By praecipe. Plaintiff in person present. Adv. V. S. Prabhu for the defendants No.1 and 2. Adv. Ms.
Yogini Borade h/f Adv. Gandhy for the defendants No.3 to 18. The plaintiff filed application for
withdrawing suit unconditionally. Order Below Exh.7 Verified facts from the plaintiff. He admits
the contents of the application and his signature thereon. As the plaintiff wants to withdraw the suit
unconditionally, leave of the Court is not recorded. Hence, the application is read and recorded.
ORDER Below Exh.1. 1. In view of the application at Exh. 7, the suit is dismissed as withdrawn
unconditionally. 2. Suit No. 1485 of 2019 is accordingly disposed of. 3. Bill of cost be prepared
accordingly.
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