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SUIT - SHORT CAUSE CIVIL SUIT

Mohammed Yusuf AtterVsRazia Mohd. Yunus Dokadia w/o. Mohamed Yunus Dokadia +2 more

CNR MHCC01003971202065-COURT 65 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
PENDING

TrustJury record updated 29 Sept 2026

Case Overview

Registration Number
101147/2020
Registration Date
13 Oct 2020
Next Hearing Date
16 Oct 2026
Case Stage
DRAFT ISSUES

Advocates

2

For Petitioner

Parties

4

Acts & Sections

1
Specific Relief Act · Sec 6

Case History / Proceedings

Case History
Date: 03-11-2020
Business: Adv. Mujib Khan for plaintiff.
Adv. Maroof Khan for defendant present and filed vakalatnama for defendant no. 1 and 2.  TOR and marked at Exh. 5
Adjd to 04.02.2021 for direction.
Next Purpose: DIRECTIONS
Next Hearing Date: 04-02-2021

Date: 04-02-2021
Business: Adv. Mujib Khan for plaintiff present.
Adv. Mohit Khan for defendant present.
On oral request of Ld. Adv. for def. matter is adjourned.
Adjd to 07.04.2021 for direction.
Next Purpose: DIRECTIONS
Next Hearing Date: 07-04-2021

Date: 07-04-2021
Business: Court is on leave, hence board is discharged.
Next Purpose: DIRECTIONS
Next Hearing Date: 09-07-2021

Date: 09-07-2021
Business: Nobody present.
Due to COVID-19 pandemic, matter is adjourned.
Adjd for directions to 22/09/2021
Next Purpose: DIRECTIONS
Next Hearing Date: 22-09-2021

Date: 22-09-2021
Business: Adv. Mujib Khan For plaintiff present.
Adv. Moinuddin Khan h/f Adv. Maroof Khan For defendant 1 to 3 present.
Exh-6 Application filed by adv. For plaintiff to proceed exparte against defendant. t.o.r. O- Defendant to file reply.
Defendant if he so desires may file written statement with following procedure to condone delay if any on next date else face the consequences.
Adjd for reply of defendant to Exh. 6 to 25/10/2021
Next Purpose: REPLY
Next Hearing Date: 25-10-2021

Date: 25-10-2021
Business: Dt.25/10/2021
Suit 1147/20
IN THE COURT OF H.H.J. SMT. S. S. NAGUR JUDGE CITY CIVIL COURT C.R. NO. 04
Adv. For plff  present.
Plff is present.
Adv. For deft  present.
Adjd for no W/s order to 10/12/2021.
LO.
Adv. for  deft. filed adjourned application. TOR.
Next Purpose: ORDER
Next Hearing Date: 10-12-2021

Date: 10-12-2021
Business: IN THE COURT OF H.H.J. SMT. S. S. NAGUR JUDGE CITY CIVIL COURT C.R. NO. 04
Adv. for plaintiff is present
None for deft.
Not filed written statement till date.  Hence, suit to proceed without written statement against defendant.
Adjd for evidence of plaintiff to 23/02/2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-02-2022

Date: 23-02-2022
Business: At 11.16 am
Adv. Mujib Khan for plaintiff present and seeks time to file evidence.
Adv. Omkar Kakad h/f Adv. Maroof Khan For defendant present.
Adjd for evidence of plaintiff to 28/04/2022
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-04-2022

Date: 28-04-2022
Business: Dt.28/04/2022
Suit  1147/20
IN THE COURT OF H.H.J. SMT. S. S. NAGUR JUDGE CITY CIVIL COURT C.R. NO. 66
Adv. Moinuddin Khan h/f Adv. Maroof Khan for defendants present.
Plaintiff  Mohammed Yusuf Attar presnt.
Written statement filed by advocate on behalf of defendant Nos 1 and 2. TOR. For consideration.
Written statement filed by advocate on behalf of defendant No.3. TOR. For consideration.
Adv. For defendant filed draft notice of motion along with affidavit in support. TOR. O- Leave granted to register the notice of motion.
Adv. For defendant filed draft notice of motion along with affidavit in support. TOR. O- Leave granted to register the notice of motion.
Defendant to serve the copy to the plaintiff.
List of documents filed by the plaintiff sr. no. 1 to 17.TOR.
Evidence of affidavit filed by the plaintiff. TOR.
Matter adjd for affidavit of service  on. 26-07-2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 26-07-2022

Date: 26-07-2022
Business: Adv. Mujib Khan for plaintiff present.
Adv. Moinuddin Khan for defendants no. 1 to 3 present  and filed registered NM No. 2362/22 with supporting affidavit. t.o.r.
He  also filed registered NM No. 2363/22 with supporting affidavit. t.o.r.
Adv. Mujib Khan for plaintiff  received copy of  registered NM No. 2362/22 and  registered NM No. 2363/22
Adv. Moinuddin Khan for defendants no. 1 to 3 received copy of evidence affidavit and documents from  Moinuddin Khan for defendants no. 1 to 3
Matter is adjd.to  06-09-2022 for NM Reply by plaintiff.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-09-2022

Date: 06-09-2022
Business: Adv. Ajaz Ahmed Ansari filed vakalatnama for defendant No. 3 t.o.r. marked as Exh. 7
Adv. Mujib Khan @  plaintiff present and filed affidavits in reply in NM No. 23632/22 and NM No. 2363/22. T.O.R
He also filed original writ of summons with bailiff report t.o.r. marked as Exh. 8
Adv. Moinuddin Khan For defendant no.1 and 2  present.
Heard both sides in both the Notice of Motion nos. 2362/2022 and 2363/2022.
FRSR the following order is passed in NM No. 2363/2022
                               ORDER
1. Notice of Motion No. 2363/2022 is made absolute in terms of prayer clause (a).
2. Written statement filed by defendants No 1 and 2 is marked as Exh.9.
3. Proceeding of N/m No. 2363/2022 is closed.
FRSR the following order is passed in NM No. 2362/2022
                                ORDER
1. Notice of Motion No. 2362/2022 is made absolute in terms of prayer clause (a).
2. Written statement filed by defendant No 3 is marked as Exh.10.
3. Proceeding of N/m No. 2362/2022 is closed.
Matter is adjd.to  03/11/2022 for framing issues
Next Purpose: FRAMING ISSUES
Next Hearing Date: 03-11-2022

Date: 03-11-2022
Business: CORAM-H.H.J.SHRI.R.R.BHAGWAT (C.R.NO.66)
Adv. Mujib Khan for plaintiff present and filed draft issue t.o.r.
Adv. Omkar Kakad  h/f Adv. Faruq Khan for defendants no 1 to 3 present.
Matter is adjd.to 10-12-2022 for issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 10-12-2022

Date: 10-12-2022
Business: Adv. Mujib Khan for plaintiff present.
Adv. Ejaj Ahmad Ansari for defendant no. 3 present.
None for defendants no. 1 and 2.
 Matter is adjd.to  19-01-2023 for issue.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 19-01-2023

Date: 19-01-2023
Business: Adv. Mujib Khan for plaintiff present.
Adv. Moinuddin Khan  for defendants no. 1 and 2 present.
Adv. Ejaj Ahmad Ansari for defendant no.  3 present.
Issues framed - Exh. 11
Matter is adjd.to 06-03-2023 for evidence of plaintiff
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-03-2023

Date: 06-03-2023
Business: Adv. Mujib Khan for plaintiff present and submitted that he has already filed evidence affidavit of plaintiff Mohd. Yusuf and list of documents on 28-04-2022.
Adv. Ejaj Ahmad Ansari  for defendant no. 3 present and prayed for adjournment  for filing documents relating to proceeding pending before M. M. Court.- allowed
None for defendants no. 1 and 2 .
On perusal of roznama dtd. 28-04-2022, it appears that the plaintiff had filed evidence affidavit and list of document, but the same have remained to be exhibited.
Hence, evidence affidavit of PW - 1 Mohd. Yusuf and list of document filed by the plaintiff on 28-04-2022 are marked as Exh. 12 and Exh. 13 respectively.
Matter is adjd.to 06-04-2023 for evidence of PW - 1 Mohd. Yusuf  on Exh. 12 and say on documents
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-04-2023

Date: 06-04-2023
Business: Adv. Mujib Khan a/w for plaintiff present.
Adv. Moinuddin Khan for defendants No.1 and 2 present.
Adv. Ejaj Ahmad Ansari for defendant No.3 present and filed draft NM with supporting affidavit for t.o.r. Leave is granted to register the NM.
He also filed pusris with compilation of documents t.o.r. marked as Exh.14 .
Adv. Mujib khan received copy of draft nm and Exh14.
The plaintiff is directed to provide copies of evidence affidavit and list of documents to defendants no.1 and 3.
Defendant no.3 is directed to provide Exh.14 to defendants No.2 and 3.
Aatter is adjd.to 26/06/2023 for filing registered NM for defendant no.3/ nm reply/ evidence of PW- Mohd. Yusuf on Exh.12 and say on documents.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 26-06-2023

Date: 26-06-2023
Business: Adv. Mujib Khan for plaintiff present and seek time to file reply on n/m no. 2229 of 2023. Time granted till next date.
Adv.  Ejaj  Ahmad Ansari for defendant no. 3  present and tendered registered n/m no. 2229 of 2023. TOR.
Matter adjourned for reply/hearing to 04/09/2023.
L. O.
Adv. Aniket Gole for Defendant no. 1 and 2 present.
Already adjourned to 04/09/2023 for reply/hearing.
Next Purpose: REPLY
Next Hearing Date: 04-09-2023

Date: 04-09-2023
Business: Adv. Mujib Khan for plaintiff present.
Adv. Shweta Waralkar for defendant no. 1 and 2 present.
Adv. Ejaj Ahmad Ansari for defendant  no. 3 present.
Matter adjourned for n/m hearing to 25/10/2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-10-2023

Date: 25-10-2023
Business: P. O. is on leave, matter adjourned to
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-01-2024

Date: 17-01-2024
Business: None for Plaintiff present.
None for defendants no. 1 to 3 present.
Matter stands adjourned on 27.03.2024 for N/m  hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-03-2024

Date: 27-03-2024
Business: Advocate Mujib Khan for Plaintiff present.
None for defendants No.1 to 3 present.
Matter stands adjourned on 06.05.2024 for Notice of Motion hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-05-2024

Date: 06-05-2024
Business: As P.O. is on Training.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-07-2024

Date: 19-07-2024
Business: Adv. Mujib Khan for plaintiff present and tendered draft Notice of Motion along with affidavit. Leave is granted to register it.
Adv. Omkar Kakad for defendant No.1 and 2 present.
None for other defendant present.
Matter stands adjourned on 30/09/2024 for filing service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 30-09-2024

Date: 30-09-2024
Business: Adv. Mujib Khan for plaintiff present and submit registered Notice of Motion No.4058/2024 along with affidavit. Taken on record.  Copy served upon other side.
Adv. Onkar Kakad for defendant No.1 and 2 present and seeks time for filing reply. Time granted.
None for other defendant present.
Matter adjourned for reply.
Matter stands adjourned on 20/11/2024 for reply.
Next Purpose: REPLY
Next Hearing Date: 20-11-2024

Date: 20-11-2024
Business: On Wednesday, the 20th November, 2024 on account of Polling Day of General Election of State Legislative Assembly of Maharashtra Court was closed and in lieu thereof Tuesday, the 24th December, 2024, is declared as Court Working Day, by curtailing the Christmas vacation. Hence, matter posted on 20/11/2024 are now posted on 24/12/2024. Parties to take note.
Next Purpose: REPLY
Next Hearing Date: 24-12-2024

Date: 24-12-2024
Business: None for plaintiff present.
Adv. Piyush h/f Adv. Maruf Khan for defendant No.1 and 2 present and filed adjournment application.  O-granted. Taken on record and marked as Exhibit-15.
Matter stands adjourned on 26/02/2025 for  Chamber Summons hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 26-02-2025

Date: 26-02-2025
Business: Instant matter was posted on 26/02/2025 i.e. Mahashivratri (Holiday). Hence, matter is posted on next working date I.e 27/02/2025. Matter is adjourned to same stage. Parties to take note.
Matter stands adjourned on 27/02/2025 for Chamber Summons hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 27-02-2025

Date: 27-02-2025
Business: Instant matter was posted on 26/02/2025 i.e. Mahashivratri (Holiday). Hence, matter is taken on todays board i.e. on next working date  27/02/2025. Matter is adjourned to same stage. Parties to take note.
Matter stands adjourned on 21/04/2025 for Chamber Summons hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 21-04-2025

Date: 21-04-2025
Business: Adv. Mujib Khan for plaintiff present.
Plaintiff in person present.
None for defendant.
Matter adjourned on 19-06-2025  for NM 4058/24 for reply and for hearing on NM 2229/23.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-06-2025

Date: 19-06-2025
Business: Adv. Mr. Mujib Khan for plaintiff present and seek time for filing certified copy of order in 759/MISC/2020. Time granted till next date.
None present for defendant.
LO 15.27 PM
Adv. Mr Maroof M. Khan for defendant Nos. 1 and 2 present.
Matter adjourned on 05.07.2025 for production of document .
Next Purpose: FOR___________________
Next Hearing Date: 05-07-2025

Date: 05-07-2025
Business: Adv. Mujib Khan for plaintiff present.
Adv. Maroof M. Khan for defendant No.1 and 2 present.
None for other defendant present.
Adv. for plaintiff filed pursis along with copy of order marked as Exhibit-16 informing that case No.759/Misc/2020 is pending before learned additional CMM 2nd Court Mazgaon u/s 145 or Cr.Pc regarding subject matter of the suit has been disposed of by order dated 27/10/2023 and it has been disposed of as untenable. Hence, according the learned Adv. for plaintiff Notice of Motion No.2229/2023 has become infructous since the proceeding of the present suit was sought to be stayed u/s 10 and 151 of CPC and the said proceeding itself now been disposed of. The learned Adv. for defendant No.3 is absent the defendant No.3 is also absent. Considering the disposal of criminal proceeding u/s 145 of Cr. Pc regarding the subject matter of the suit and because the  provisions of section 10 of CPC would have attracted to the facts and circumstances if the parties in both proceedings would have been similar and the same relief related to the subject matter of the suit would have been sought for. The jurisdiction of the court entertaining criminal proceeding and the court entertaining civil proceeding is distinct and stay could not have been granted even otherwise on merits as has been sought for. Therefore, Notice of Motion No.2229/2023 stands dismissed.
Learned Adv. for plaintiff points about the Notice of Motion No.4058/2024 and it is pending for filing of reply.
Learned Adv. for appearing for defendant No.1 and 2 points out that copies of Notice of Motion No.5058/2024 have not been served upon defendant No.1 and 2. The learned Adv. for plaintiff undertakes to effect service of copies of said Notice of Motions on all defendants.
Matter stands adjourned on 18/08/2025 for reply and filing service affidavit.
Next Purpose: REPLY
Next Hearing Date: 18-08-2025

Date: 18-08-2025
Business: None for plaintiff present.
None for defendant present.
Matter stands adjourned on 15/10/2025 for steps to be taken by the plaintiff with respect to service affidavit of Notice of Motion and for reply as a last chance.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 15-10-2025

Date: 15-10-2025
Business: Adv. Mujib Khan for plaintiff present.
Adv. Vikrant Nichani for defendant No.1 and 2 present and prayed for grant of adjournment. Adjournment granted on oral request.
None for other defendant present.
Matter stands adjourned on 05/12/2025 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-12-2025

Date: 05-12-2025
Business: Adv. Mujib khan for plaintiff present.
Adv Elaf Ansari H/f Maroof khan for defendant 1&2  present.
Even after specific direction given to the plaintiff by way of roznama dated 18/08/2025 the plaintiff failed to take steps neither he has filed service affidavit nor he remained present today to ask for adjournment. So the n/m put for order of dismissal in default.
Keep back..
Matter stands adjourned on 08/12/2025 for Hearing .
Next Purpose: HEARING
Next Hearing Date: 08-12-2025

Date: 08-12-2025
Business: Adv. Mujib Khan for plaintiff present.
Adv. Vikrant for defendant No.1 and 2 present.
Keep Back.
Later on.
Adv. Mujib Khan for plaintiff present and filed application. O-The learend Adv. only wants to not press the Notice of Motion which inadvertantly shown in the court No.3, the learned Adv. coming to this court for same and for this is second date- The concern staff not doing the work assiged to them- so- in present circumstance the CIS thoiugh shwing Notice of Motion No.4058/2024 pending in CR. No.3. the learned Adv. allowed to do it same day. Taken on record and marked as Exhibit-17.
None for defendant present.
Matter stands adjourned on 04/02/2026 for filing draft issues if any.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 04-02-2026

Date: 04-02-2026
Business: Adv.. Mujib khan for plaintiff present and filled draft issues.
Adv. Muzammil Ansari for defendant No. 1 and 2 present.
Matter stands adjourned on 28-04-2026 for  Draft issues if any by defendant.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 18-02-2026

Date: 18-02-2026
Business: NOT ON BOARD TAKEN ON BOARD
None for plaintiff.
None for defendant.
There is possibility of amicable settlement between the parties. Hence, Matter is referred to lok-adalat scheduled on 14.03.2026 for amicable settlement.
Notice be issued to both the parties for appearing before
lok-adalat.
Matter is adjourned to 14.03.2026 for Lok-adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 14-03-2026

Date: 14-03-2026
Business: NATIONAL LOK-ADALAT HELD ON 14/03/2026
(Panel No.2)
None for plaintiff present.
None for defendant present.
Matter stands adjourned on 09.04.2026 for draft issues
Next Purpose: DRAFT ISSUES
Next Hearing Date: 09-04-2026

Date: 09-04-2026
Business: P. O. is on leave.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 24-07-2026

Date: 24-07-2026
Business: P.O.is on leave.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 16-10-2026

Additional Case Details

Additional Case Details
Filing Number: 104398/2020
Filing Date: 05-09-2020
First Hearing Date: 03rd November 2020
Court Number And Judge: 65-COURT 65 ADDL SESSIONS JUDGE

Orders

4
Interim Order 2Full order available
06 Sept 2022

Order Details: Notice of Motion Pdf Text: N/m No. 2363/22 in S.C.Suit No. 1147/2020. 1 Order. MHCC010071752022 Presented on : 08-07-2022 Registered on : 08-07-2022 Decided on : 06-09-2022 Duration : 0 years, 1 months, 29 days IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. NOTICE OF MOTION NO. 2363 OF 2022 IN S. C. SUIT NO. 1147 OF 2020 Mrs. Razia Mohd. Yunus Dokadia and one ...Applicants/(Original Defendants no.1 & 2) Versus Mr. Mohammed Yusuf Attar ...Respondent/ (Original Plaintiff)…

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Interim Order 1Full order available
06 Sept 2022

Order Details: Notice of Motion Pdf Text: N/m No. 2362/22 in S.C.Suit No. 1147/2020. 1 Order. MHCC010071762022 Presented on : 08-07-2022 Registered on : 08-07-2022 Decided on : 06-09-2022 Duration : 0 years, 1 months, 29 days IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. NOTICE OF MOTION NO. 2362 OF 2022 IN S. C. SUIT NO. 1147 OF 2020 Akbar Babu Ahmed Shaikh ...Applicant/(Original Defendant no.3) Versus Mr. Mohammed Yusuf Attar ...Respondent/ (Original Plaintiff) CORAM : HIS HONOUR JUDGE…

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Order 2Full order available
06 Sept 2022

Order Details: Notice of Motion Pdf Text: N/m No. 2363/22 in S.C.Suit No. 1147/2020. 1 Order. MHCC010071752022 Presented on : 08-07-2022 Registered on : 08-07-2022 Decided on : 06-09-2022 Duration : 0 years, 1 months, 29 days IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. NOTICE OF MOTION NO. 2363 OF 2022 IN S. C. SUIT NO. 1147 OF 2020 Mrs. Razia Mohd. Yunus Dokadia and one ...Applicants/(Original Defendants no.1 & 2) Versus Mr. Mohammed Yusuf Attar ...Respondent/ (Original Plaintiff)…

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Order 1Full order available
06 Sept 2022

Order Details: Notice of Motion Pdf Text: N/m No. 2362/22 in S.C.Suit No. 1147/2020. 1 Order. MHCC010071762022 Presented on : 08-07-2022 Registered on : 08-07-2022 Decided on : 06-09-2022 Duration : 0 years, 1 months, 29 days IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. NOTICE OF MOTION NO. 2362 OF 2022 IN S. C. SUIT NO. 1147 OF 2020 Akbar Babu Ahmed Shaikh ...Applicant/(Original Defendant no.3) Versus Mr. Mohammed Yusuf Attar ...Respondent/ (Original Plaintiff) CORAM : HIS HONOUR JUDGE…

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