SUIT - SHORT CAUSE CIVIL SUIT
Ashraf Firoz ShaikhVsDost Mohammaed Gulam Mohammed Achhwa
CNR MHCC01004135202061-COURT 61 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 29th November 2025
TrustJury record updated 29 Sept 2026
Case Overview
- Registration Number
- 101361/2020
- Registration Date
- 07 Dec 2020
Advocates
2For Petitioner
For Respondent
Parties
2Petitioner
Respondent
Acts & Sections
1CODE OF CIVIL PROCEDURE · Sec Order 39 · Rule 2
Case History / Proceedings
Case History
Date: 18-12-2020
Business: Adv. Jamkhandi for plaintiff present.
None present for defendant.
Earlier order, if any, to continue till next date.
Matter stands Adj for directions to 02.02.21.
Next Purpose: DIRECTIONS
Next Hearing Date: 02-02-2021
Date: 02-02-2021
Business: Advocate Jamkhandi for plaintiff present.
None for defendant.
Earlier order is to be continued till next date.
The case is adjourned to 10.03.2021 for directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 10-03-2021
Date: 10-03-2021
Business: Advocate J.S.Jamkhandi for plaintiff present.
None for defendant.
Earlier order is to be continued till next date.
The case is adjourned to 21.04.2021 for directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 21-04-2021
Date: 21-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DIRECTIONS
Next Hearing Date: 15-06-2021
Date: 15-06-2021
Business: In view of office order No. 100/2021 dtd. 04.06.2021 of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai pursuant to circular dtd. 16.04.2021 issued by Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases and the views of stakeholders, the matter is adjourned
Next Purpose: DIRECTIONS
Next Hearing Date: 03-08-2021
Date: 03-08-2021
Business: CORAM : H.H.J SHRI. S. T. SOOR (C.R.NO.2)
In charge of C. R. No. 3
Adv. Darshan Jain h/f Adv. Kudalkar for plaintiff present.
None for defendant.
Earlier order if any, continue till next date.
Adjd to 29.09.2021 for direction.
Judge
Next Purpose: DIRECTIONS
Next Hearing Date: 29-09-2021
Date: 29-09-2021
Business: Adv. Jain for plaintiff present. He tendered application for issuance of fresh witness summons. Exh.5
Earlier order if any, to continue.
Matter stands adjourned to 10.11.2021 for directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 10-11-2021
Date: 10-11-2021
Business: Matter mentioned at 11.21 a.m.
Adv. Darshan Jain h/f Adv. Kudalkar for plaintiff present.
Adv. Thorat filed VP on behalf of the defendant. TOR. Exh.6.
O-seen and filed.
He waived service of writ of summons. He has already received plaint alongwith the documents and NM. He is seeking time to file reply as well as WS. Time granted.
Earlier order if any, to continue.
Matter stands adjourned to 30.11.2021 for reply/WS.
Next Purpose: REPLY
Next Hearing Date: 30-11-2021
Date: 30-11-2021
Business: Matter called out at 3.37 p.m.
Adv. Vaibhavi Pawar for plaintiff present.
Adv. Thorat for defendant present.
He tendered WS. TOR. Exh.5.
Copy served to other side.
Defendant made a statement that WS be treated as reply to the NM.
Earlier order if any, to continue.
Matter stands adjourned to 25.01.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-01-2022
Date: 25-01-2022
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-03-2022
Date: 10-03-2022
Business: Matter called out at 3.49 p.m.
Adv. Darshan Jain h/f Adv. Kuldalkar for plaintiff present.
Adv. Omkar Sawant h/f R. D. Thorat for defendant present.
Earlier order if any, to continue.
By consent, matter stands adjourned to 24.06.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-06-2022
Date: 24-06-2022
Business: Adv. Kudalkar for plaintiff present.
Adv. S. P. Remedios for defendant present.
Earlier order, if any, to continue till next date.
Matter stands adjourned for N/M hearing to 01/08/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-08-2022
Date: 01-08-2022
Business: Plaintiff in person present.
Adv. Thorat for defendant present.
K.B.
Later mentioned at 4.18 p.m.
Adv. Darshan Jain for plaintiff present. He is seeking time. Time granted without continuing the earlier order.
Adv. Thorat for defendant present.
Matter stands adjourned to 20.09.2022 for NM hearing.
Later on at 4.37 p.m.
Adv. Suraj Kudalkar for plaintiff present. He tendered application for
continuation of earlier order. TOR. Exh.06.
O-other side to say.
Already adjourned to 20.09.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-08-2022
Date: 04-08-2022
Business: NOBTOB, moved by praecipe.
Adv. Suraj Kudalkar for plaintiff present.
Adv. Thorat for defendant present. He tendered reply on Exh.06 overleaf.
Earlier order if any, to continue.
Matter stands preponed to 24.08.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-08-2022
Date: 24-08-2022
Business: Adv. Darshan Jain for plaintiff present. He tendered rejoinder on NM No.1357/2020. TOR. Copy served to the defendant.
Adv. Thorat for defendant present.
K.B.
Later on called out at 4.07 p.m.
Adv. Darshan Jain h/f Adv. Kudalkar for plaintiff present.
Adv. Thorat for defendant present.
Earlier order if any, to continue.
Matter stands adjourned to 10.10.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-10-2022
Date: 10-10-2022
Business: Adv. Kudalkar for plaintiff present.
Adv. Thorat for defendant present.
K.B.
Later on called out at 3.57 p.m.
Adv. Kudalkar for plaintiff present. He tendered application for production a/w compilation of documents in NM No.1357/2020. TOR. Application is marked as Exh.07. Copy served to the defendant.
Adv. Thorat for defendant present.
Earlier order if any, to continue.
Matter stands adjourned to 19.11.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-11-2022
Date: 19-11-2022
Business: Adv. Suraj Kudalkar for plaintiff present. He tendered draft CS a/w affidavit in support. TOR. O-Leave is granted to register draft CS.
Adv. Siddharth Wakode for applicant in draft CS present. He tendered Vakalatnama. TOR. Exh.08.
He also tendered draft CS a/w affidavit in support.
O-Leave granted to register.
Adv. Thorat for defendant present.
Earlier order, if any, is continue till next date.
Matter stands adjourned to 21.12.2022 for CS reply.
Next Purpose: C/S REPLY
Next Hearing Date: 21-12-2022
Date: 21-12-2022
Business: Adv. Suraj Kudalkar for plaintiff present. He tendered reg. CS No.2128/22 TOR. Copy served upon defendant.
Adv. Remedias for defendant present.
Adv. Siddharth Wakode for applicant in CS No.2129/22 present. He tendered reg. CS No.2129/22. TOR. Copy served upon other side.
Defendant seeking time to file reply. Time granted.
Earlier order to continue, if any, till next date.
Matter stands adjourned to 13.02.2023 for CS reply.
Next Purpose: C/S REPLY
Next Hearing Date: 13-02-2023
Date: 13-02-2023
Business: Adv. Vaibhavi pawar for plaintiff present.
Adv. S. P. Wakode for applicant present.
Adv. P. G. Chudasama for defendant. He tendered vakalatnama. TOR. Exh-09. He also filed reply on CS No.2129/2022.
Earlier order, if any, to be continued till next date.
Matter stands adjourned on 17.03.2023 for CS reply.
Next Purpose: C/S REPLY
Next Hearing Date: 17-03-2023
Date: 17-03-2023
Business: Adv. Kudakar for plaintiff present. He is directed to supply the copy of schedule CS No.2128/2022 to the defendant.
Adv. Priyank Chudasama for defendant present.
Adv. Wakode for applicant in CS No.2129/2022 present
Matter stands adjourned on 12.06.2023 for CS reply.
Next Purpose: C/S REPLY
Next Hearing Date: 12-06-2023
Date: 12-06-2023
Business: Adv Suraj Kudalkar for Plaintiff present.
Adv Priyank G. Chudasama a/w defendant present.
Plaintiff filed application for permission to annexe schedule in Ch/s 2128/22. Allowed. Copy of annexe schedule to defendant.
Schedule is annexed to Ch/s 2128/2022.
defendant filed application for passing appropriate order in Suit 1361/20 contending that suit is become infructuous. Plaintiff is to say. Copy supplied to Plaintiff.
Earlier order, if any, to be continued till next date.
Matter stands adjourned on 18-08-2023 for reply
Next Purpose: C/S REPLY
Next Hearing Date: 18-08-2023
Date: 18-08-2023
Business: Court is on leave
Next Purpose: C/S REPLY
Next Hearing Date: 20-10-2023
Date: 20-10-2023
Business: Adv Kudalkar present for Plaintiff and seeks time to file reply to application of defendant vide Exh.10 is already filed.
Adv Wakode for applicant present.
Adv Priyank G. Chudasama present for Defendant.
The say filed by Plaintiff to Ch/s. No. 2129/2022.
Earlier order, if any, to be continued till next date.
Matter stands adjourned on 03-01-2024 for Ch/s hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 03-01-2024
Date: 03-01-2024
Business: Adv. Dharshan Jain h/f Adv. Kudalkar present for plaintiff.
Adv.Rajeshri Palkar h/f Siddharth Vakode present for applicant.
Adv. Raghav Dharmadhikari present for defendant.
He tendered affidavit of reply. Copy served to plaintiff and applicant.
Ld. Adv. For plaintiff submitted that he will argue the matter on next date. Both the councils have submitted to continue the earlier order.
Earlier order if any to be continue till next date.
Matter adjourned for argue to 05/02/2024.
Next Purpose: ARGUMENTS
Next Hearing Date: 05-02-2024
Date: 05-02-2024
Business: IN THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO. 61
None for plaintiff.
Adv. Pratik Dindokar for defendant No. 1 present.
Adv. Rajashree Palkar for defendant no.2 present.
Last chance granted for argument/further order.
Matter adjourned for Last chance granted for argument/further order to 06-03-2024.
LO at 3.10 pm
Adv. Vaibhavi Pawar for plaintiff present present.
Earlier order, if any, to be continued on next date.
Matter adjourned for Last chance granted for argument/further order to 06-03-2024.
Next Purpose: ARGUMENTS
Next Hearing Date: 06-03-2024
Date: 06-03-2024
Business: N THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO. 61
Adv. Kudalkar for plaintiff present.
Adv. Rajeshree Palkar for applicant present and filed adjournment application tor and marked as Exh.11 O- Heard both side. In view of oral no objection last chance is granted to argue the matter.
Adv. Hardik Desai for defendant present.
Earlier order if any, to be continued till next date.
Matter adjourned for CS arguments to 03-04-2024.
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 03-04-2024
Date: 03-04-2024
Business: IN THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO. 61
Adv. Darshan Jain for plaintiff present and orally sought time to file rejoinder on next date.
Adv. P. G.Chudasama for defendant present and orally sought time to argue the NM and CS on next date.
Adv. Siddharth P. Wakode h/f Adv. Rajashree Palkar for applicant in CS No.2129/22 present.
Earlier order, if any, to be continued till next date.
Matter adjourned for file reply to NM No.2128/22 and hearing CS No. 2129/22 and NM No.1357/20 to 22-04-2024.
Next Purpose: C/S HEARING
Next Hearing Date: 22-04-2024
Date: 22-04-2024
Business: IN THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO. 61
Adv. Kudalkar for plaintiff present.
Adv. Priyanka G. Chudasama a/w Adv. Hardik Desai alongwith defendant present.
Earlier order if any, to be, continued till next date.
Matter adjourned for CS and NM hearing to 21-06-2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-06-2024
Date: 21-06-2024
Business: IN THE COURT OF H.H.J. R. R. PATARE, JUDGE CITY CIVIL COURT C.R. NO. 01 (IN-CHARGE COURT)
Matter pertains to C.R. No. 61
Adv. Palkar present for plaintiff.
Adv. P. G. Chudasama present for defendant.
Earlier order if any to be countinue till next date.
Matter adjourned to 14.08.2024 for NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-08-2024
Date: 14-08-2024
Business: IN THE COURT OF H.H.J. R. D. DESHPANDE JUDGE CITY CIVIL COURT C.R. NO. 61
Adv. Darshan Jain for plaintiff is present and seeks time.
Defendant alongwith his Adv. Priyank Chudasama is present.
Adv. Rajeshree Palkar h/f Adv. Siddharth Wakode for applicant in CS No.2128/22 is present and seeks time as her senior is unavailable.
Earlier order if any, is continued till the next date.
Matter adjourned for NM and CSs arguments to 18-10-2024.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 18-10-2024
Date: 18-10-2024
Business: IN THE COURT OF H.H.J. R. D. DESHPANDE JUDGE CITY CIVIL COURT C.R. NO. 61
Adv. T. A.Dhotre h/f Adv. Kudalkar for plaintiff is present and seeks time.
Adv. Priyank Chudasama for defendant is present.
Adv. Rajashree Palkar h/f Adv. Siddharth Wakode for applicant in CS No.2128/22 is present and seeks time.
Earlier order, if any is continued till the next date.
Matter adjourned for NM and CS hearing to 13-01-2025.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 13-01-2025
Date: 13-01-2025
Business: Adv. Farkhanda Shaikh h/f Adv. Kudalkar for plaintiff is present and seeks time.
Adv. Priyansh Chudasama for defendant is present.
Earlier order, if any is continued till the next date.
Matter adjourned for NM arguments to 12.03.2025.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 12-03-2025
Date: 12-03-2025
Business: Adv. Farkhanda Shaikh h/f Adv. Kudalkar for plaintiff is present. She seeks time.
None for defendant.
Earlier order if any, is continued till the next date.
Matter adjourned for NM hearing to 07.05.2025.
Later on at 3.32 p.m.
Adv. Priyank Chudasama for defendant is present.
Matter adjourned for NM hearing to 07.05.2025.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 07-05-2025
Date: 07-05-2025
Business: Adv. T. A. Dhotre h/f Adv. Kudalkar for plaintiff is present.
None for defendant.
Earlier order, if any is continued till the next date.
Matter adjourned for NM hearing to 17.07.2025.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 17-07-2025
Date: 17-07-2025
Business: IN THE COURT OF H.H.J. SUBHASH KERABA KARHALE JUDGE CITY CIVIL COURT C.R. NO. 01
Matter pertains to C. R. No. 61.
Adv. Shaikh Asfara h/f Adv. Kudalkar for plaintiff is present.
None for defendant.
Earlier order if any, is to be continued till the next date.
Matter adjourned for NM and CS hearing to 17.09.2025.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 17-09-2025
Date: 17-09-2025
Business: Adv. Vaibhavi Pawar for plaintiff is present and sought time to argue.
None for defendant.
Adv. Siddharth Wakode for applicant in CS No.2129/2022 is present.
Earlier order if any, is to be continued till the next date.
Matter adjourned for NM arguments to 14.11.2025.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 14-11-2025
Date: 14-11-2025
Business: IN THE COURT OF H.H.J. A. C. DAGA JUDGE CITY CIVIL COURT C.R. NO. 61
Adv. T. A. Dhotre for plaintiff is present and sough time.
None for defendant.
Adv. Rajashree Palkar h/f Adv. Siddharth Wakode for applicant in CS is present.
K.B.
Later on at 3.45 p.m.
Adv. T. A. Dhotre for plaintiff is present and submitted that the plaintiff wants to withdraw the suit and that plaintiff was not present therefore requested for grant of time. O- As plaintiff wants to withdraw the suit hence adjourned.
Adv. Priyank Chudaama for defendant is present.
Matter adjourned for NM arguments to 29.11.2025.
Judge
Next Purpose: NM ARGUMENTS
Next Hearing Date: 29-11-2025
Date: 29-11-2025
Business: IN THE COURT OF H.H.J. A. C. DAGA JUDGE CITY CIVIL COURT C.R. NO. 61
Adv. Darshan Jain h/f Adv. Kudalkar for plaintiff is present and he filed application Exh.12 for withdrawal of the suit. Verified contents of Exh.12 from the plaintiff present in the Court. He has admitted it to be true and correct. O - Read and recorded.
None for defendant.
Order below Exh.1
In view of Exh.12 plaintiff wants to withdraw of this suit unconditionally. As such, Suit is disposed of as withdrawn. No order as to cost. R and P be sent to record room. As suit is disposed of, therefore Chamber Summons No.-2128/22, Chamber Summons No. 2129/2022 and Notice of Motion No.1357/20 stand disposed of.
Nature Of Disposal: WITHDRAWL
Disposal Date: 29-11-2025Additional Case Details
Additional Case Details
Filing Number: 104600/2020 Filing Date: 18-09-2020 First Hearing Date: 18th December 2020 Decision Date: 29th November 2025 Court Number And Judge: 61-COURT 61 ADDL SESSIONS JUDGE
Orders
1Final Order 129 Nov 2025
29 Nov 2025
Order Details: Other Pdf Text: 37. Dt.29-11-2025 SU 1361/20 CS 2128/22 CS 2129/22 NM 1357/20 Exh.12 IN THE COURT OF H.H.J. A. C. DAGA JUDGE CITY CIVIL COURT C.R. NO. 61 Adv. Darshan Jain h/f Adv. Kudalkar for plaintiff is present and he filed application Exh.12 for withdrawal of the suit. Verified contents of Exh.12 from the plaintiff present in the Court. He has admitted it to be true and correct. O - Read and recorded. None for defendant. Order below Exh.1 In view of Exh.12 plaintiff wants to withdraw of this suit unconditionally. As such, Suit is disposed of as withdrawn. No order as to cost. R and P be sent to record room. As suit is disposed of, therefore Chamber Summons No.-2128/22, Chamber Summons No. 2129/2022 and Notice of Motion No.1357/20 stand disposed of. Judge -- 1 of 1 --
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