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SUIT - SHORT CAUSE CIVIL SUIT

Fakruddin Abbas SariaVsMHADA +16 more

CNR MHCC01003707201912-COURT 12 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 15th February 2021

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
101487/2019
Registration Date
13 Jun 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    18

    Petitioner

    1. 1Fakruddin Abbas Saria

    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. 13Shaikh Asger Bhai Arsiwala
    14. 14Abbas Bhai Jasdanwala
    15. 15Shaikh Mansoor Adil Zainulbhai
    16. 16Shaikh Shabbir Bhai Bharmal
    17. 17Khuzaima 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  ORDERS
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 Defendant 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.
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: Plaintiff is present.
Adv. B. S.  Prabhu for the defendants No.1 and 2.
Adv. Ms. Sadaf for the defendants No.3 to 18.
KB   L.O.
Plaintiff is present.
Adv. B. S.  Prabhu for the defendants No.1 and 2.
Adv. Ms. Sadaf for the defendants No.3 to 18.
Application filed by plaintiff to withdraw the suit unconditionally.
ORDER
Verified facts from the plaintiff. He admits his signature on the application and contents thereof and states that he wants to withdraw the suit unconditionally. Hence, permission to withdraw the suit unconditionally is granted. The suit is dismissed as withdrawn unconditionally. Bill of costs be prepared accordingly.
Nature Of Disposal: WITHDRAWL
Disposal Date: 15-02-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 104022/2019
Filing Date: 02-04-2019
First Hearing Date: 21st June 2019
Decision Date: 15th February 2021
Court Number And Judge: 12-COURT 12  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    15 Feb 2021
    Order Details: Other
Pdf Text: Plaintiff is present. Adv. B. S. Prabhu for the defendants No.1 and 2. Adv. Ms. Sadaf
for the defendants No.3 to 18. KB L.O. Plaintiff is present. Adv. B. S. Prabhu for the
defendants No.1 and 2. Adv. Ms. Sadaf for the defendants No.3 to 18. Application
filed by plaintiff to withdraw the suit unconditionally. ORDER Verified facts from
the plaintiff. He admits his signature on the application and contents thereof and
states that he wants to withdraw the suit unconditionally. Hence, permission to
withdraw the suit unconditionally is granted. The suit is dismissed as withdrawn
unconditionally. Bill of costs be prepared accordingly.
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