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SUIT - SHORT CAUSE CIVIL SUIT

Mr. Mohhammed Jaid Mohammed Javed SayyedVsMr. Sayyed Bhibu Javed Ahmad

CNR MHCC01004484202061-COURT 61 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 17th July 2026

TrustJury record updated 29 Sept 2026

Case Overview

Registration Number
100879/2021
Registration Date
22 Mar 2021

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Specific Relief Act · Sec 6

    Case History / Proceedings

    Case History
    Date: 23-03-2021
    Business: Advocate Ms. Narawane for plaintiff present and tendered draft notice of motion along with affidavit in support. T.O.R. Leave is granted to register Notice of Motion. R/o
    Advocate Akhileshwar Sharma h/f adv. Kapasi for defendant present.
    Copy of draft NM served on advocate for defendant.
    The case is adjourned to 15.06.2021 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    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: NM REPLYREJOINDER
    Next Hearing Date: 09-08-2021
    
    Date: 09-08-2021
    Business: Matter called out at 12.24 p.m.
    Adv. Madhuri Naravane for plaintiff present.
    Adv. for defendant absent.
    Keep back till afternoon session
    Later on
    None present for plaintiff and defendant.
    Matter stands adjourned to 22.09.2021 for NM reply/ rejoinder
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 22-09-2021
    
    Date: 22-09-2021
    Business: Matter mentioned at 3.09 p.m.
    Adv. Madhuri Naravre for plaintiff present.
    Adv. Q. S. Kapasi for defendant present.
    The draft NM is handed over to the plaintiff. Time extended to register the same.
    Matter stands adjourned to 18.11.2021 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 18-11-2021
    
    Date: 18-11-2021
    Business: Court is on leave. Hence, board discharge.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 13-01-2022
    
    Date: 13-01-2022
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 09-03-2022
    
    Date: 09-03-2022
    Business: Adv. Sana Shaikh h/f Madhuri Naravane for plaintiff present.
    None present for defendant.
    As court is busy in final hearing in SU No.7165/2001
    Matter stands adjourned to 25.04.2022 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 25-04-2022
    
    Date: 25-04-2022
    Business: Intern Sayed Mohsin on behalf for Adv. Madhuri Naravane for plaintiff present.
    None for defendant.
    Matter stands adjourned to 14.07.2022 for NM reply.
    Next Purpose: REPLY
    Next Hearing Date: 14-07-2022
    
    Date: 14-07-2022
    Business: Adv. Reema Maurya h/f Adv. M. Narawane for plaintiff present. She is seeking time. Time granted.
    None present for defendant.
    Matter stands adjourned to 08.09.2022 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 08-09-2022
    
    Date: 08-09-2022
    Business: Plaintiff a/w Adv. Neelam Gupta present.
    None present for defendant.
    Defendant failed to file reply to NM No.2306/2021, hence, proceed further.
    Plaintiff is directed to tendered reg. NM No.2306/2021 on record.
    Put up for NM Hearing.
    Matter stands adjourned to 22.11.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-11-2022
    
    Date: 22-11-2022
    Business: Adv. Neelam Gupta for plaintiff present. She tendered reg. NM No.2306/2021. TOR.
    None present for defendant.
    Matter stands adjourned to 30.01.2023 for NM reply/hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-01-2023
    
    Date: 30-01-2023
    Business: Adv. Neelam gupta for plaintiff present.
    None for defendant.
    Matter stands adjourned on 28.03.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-03-2023
    
    Date: 28-03-2023
    Business: Adv. Nilam Gupta I/b Adv. Madhuri Maravane for plaintiff present. She is seeking time. Time granted.
    None present for defendant.
    Matter stands adjourned on 27.06.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-06-2023
    
    Date: 27-06-2023
    Business: Adv Sonali Gadekar for Plaintiff present
    None for defendant present.
    Exh.5. Adv for Plaintiff filed application for inspection of the proceedings. O- Granted.
    Matter stands adjourned on  04-09-2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-09-2023
    
    Date: 04-09-2023
    Business: None present.
    Matter stands adjourned on 06-11-2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-11-2023
    
    Date: 06-11-2023
    Business: None present for Plaintiff.
    Advocate Madhuri Narvade present for Defendant and she seeks time for Notice of Motion hearing. Order - Time granted.
    Matter stands adjourned on 30-01-2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-01-2024
    
    Date: 30-01-2024
    Business: IN THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO. 61
    This court newly formed on 02.01.2024.
    Matter transferred from CR No.
    None for  plaintiff.
    None for defendant.
    Matter is for hearing . Due to formation of new court and change of assignment last chance granted for hearing /further order.
    Matter adjourned for  NM hearing/further order to 27-02-2024.
    LO at 3.20 pm
    Adv. Kamini Yadav i/b Adv. Madhuri Naravane for plaintiff present.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-02-2024
    
    Date: 27-02-2024
    Business: Court is on leave
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-04-2024
    
    Date: 19-04-2024
    Business: IN THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO. 61
    None for  plaintiff.
    None for defendant.
    When called none present hence, last chance granted to plaintiff and defendant to argue the NM.
    Matter adjourned for  NM hearing  to  27-06-2024
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-06-2024
    
    Date: 27-06-2024
    Business: IN THE COURT OF H.H.J. S. M. AGARKAR JUDGE CITY CIVIL COURT C.R. NO. 61
    None for plaintiff.
    None for defendant.
         Perusal of roznamas would show that the Notice of motion No.1641/2020, for issuance of temporary prohibitory injunction against the defendant not to disturb plaintiffs possession over the suit premises, is pending for hearing from 06.01.2021. During the pendency of above notice of motion the plaintiff taken out another Notice of Motion No.1873 of 2020, for appointment of receiver. Later, the plaintiff taken out Notice of Motion No.2306/2021, for interim mandatory and prohibitory injunction , seeking the possession of suit premises from the defendant and   to restrain the defendant from creating third party interest in the suit premises.
       It further appears from the roznama that the plaintiff is continuously absent from 04.09.2023, (except the date 30.01.2024, on which advocate of the plaintiff appeared later on) and not prosecuting the above notice of motions. The hearing on above notice of motions was adjourned as a last chance on 19.04.2024.
          Notice of Motion No.1641/2020, is appears to become infructuous in view of filing of Notice of Motion No.2306/2021. Record shows that the plaintiff availed more that sufficient time and opportunity to proceed with the notice of motion. However he remained absent. This shows that the plaintiff is not interested to prosecute all above 3 notice of motions.
    ORDER
    1. All above 3 Notice of Motion Nos.1641/2020, 1873/2020 and 2306/2021 are hereby dismissed for want of prosecution.
    2. Any ad-interim relief granted earlier is hereby vacated.
    Matter is adjourned for filing draft issue to 21.09.2024.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 21-09-2024
    
    Date: 21-09-2024
    Business: IN THE COURT OF H.H.J. R. D. DESHPANDE JUDGE CITY CIVIL COURT C.R. NO. 61
    None for plaintiff.
    None for defendant.
    Matter adjourned for filing draft issues by both the parties to 12-12-2024.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 12-12-2024
    
    Date: 12-12-2024
    Business: None for plaintiff.
    None for defendant.
    Matter adjourned for filing draft issues by both the parties to 05.04.2025.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 05-04-2025
    
    Date: 05-04-2025
    Business: Court is on leave.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 05-07-2025
    
    Date: 05-07-2025
    Business: None for plaintiff.
    None for defendants.
    Draft issues not given.
    Matter adjourned for framing issues to 10.09.2025.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 10-09-2025
    
    Date: 10-09-2025
    Business: PO is on leave.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 20-11-2025
    
    Date: 20-11-2025
    Business: IN THE COURT OF H.H.J. A. C. DAGA JUDGE CITY CIVIL COURT C.R. NO. 61
    None for plaintiff.
    None for defendant.
    Exh-06 -Issues framed by Court.
    Matter adjourned for filing affidavit of evidence and documents to 23.01.2026.
                                                                                     Judge
    Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
    Next Hearing Date: 23-01-2026
    
    Date: 23-01-2026
    Business: Court is vacant hence matter adjourned
    Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
    Next Hearing Date: 23-02-2026
    
    Date: 23-02-2026
    Business: IN THE COURT OF H.H.J. V. G. RAGHUWANSHI JUDGE CITY CIVIL COURT C.R. NO. 61
    NOB TOB.
    There appears to be element of settlement hence matter referred for Lok-Adalat.
    Issue notice to both side.
    Matter adjourned for Lok-Adalat to 14.03.2026.
                                                                                     Judge
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 14-03-2026
    
    Date: 14-03-2026
    Business: NATIONAL LOK-ADALAT HELD ON 14.03.2026 (Panel-IX)               Matter pertains to C.R. No. 61
    None for plaintiff.
    None for defendant.
    Matter is not settled.
    Matter adjd for filling affidavit of evidence to 16.04.2026.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 16-04-2026
    
    Date: 16-04-2026
    Business: IN THE COURT OF H.H.J. SHRI. R. V. BHAKTA JUDGE CITY CIVIL COURT C.R. NO. 61
    None for plaintiff.
    None for defendant.
    The roznama shows that matter is pending for hearing since  23.01.2026. The record further reveal that plaintiff and his Adv. both are absent before this Court since 06.11.2023. As a result the NM taken by plaintiff are dismissed for default and thereafter the Court has framed the issues. The absentee of the plaintiff before this Court since last number of days shows that the plaintiff is not interested to conduct this suit. However for the interest of justice last chance is granted to plaintiff with a specific directions that the plaintiff shall have to take effective steps on next date without fail otherwise suit will be dismissed for want of prosecution.
    Matter adjourned for dismissal to 17.07.2026.
                                                                                     Judge
    Next Purpose: DISMISSAL
    Next Hearing Date: 17-07-2026
    
    Date: 17-07-2026
    Business: IN THE COURT OF H.H.J. SHRI. R. V. BHAKTA JUDGE CITY CIVIL COURT C.R. NO. 61
    None for plaintiff.
    None for defendant.
    K.B.
    Later on, at 02.00 p.m.
    Nobody appeared. Hence, in view of order dated 16.04.2026, suit is dismissed for want of prosecution.
                                                                                      Judge
    Nature Of Disposal: DISMISSED
    Disposal Date: 17-07-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 105046/2020
    Filing Date: 16-10-2020
    First Hearing Date: 23rd March 2021
    Decision Date: 17th July 2026
    Court Number And Judge: 61-COURT 61 ADDL  SESSIONS JUDGE

    Orders

    3
    Final Order 2
    17 Jul 2026
    Order Details: Other
    Pdf Text: Daily Status
    IN THE COURT OF :COURT 61 ADDL SESSIONS JUDGE
    Case No. :SUIT/0100879/2021
    Mr. Mohhammed Jaid Mohammed Javed Sayyed Vs Mr. Sayyed Bhibu Javed Ahmad
    Date : 17-07-2026
    Business : IN THE COURT OF H.H.J. SHRI. R. V. BHAKTA JUDGE
    CITY CIVIL COURT C.R. NO. 61 None for plaintiff. None
    for defendant. K.B. Later on, at 02.00 p.m. Nobody appeared.
    Hence, in view of order dated 16.04.2026, suit is dismissed
    for want of prosecution. Judge
    Nature of Disposal : DISMISSED
    Disposal Date : 17-07-2026
    -- 1 of 1 --
    Interim Order 1
    20 Nov 2025
    Order Details: Other
    Pdf Text: S. C. Suit No. 879/2021 Issues Exh.6
    IN THE CITY CIVIL COURT FOR GREATER MUMBAI
    SHORT CAUSE SUIT NO. 879/2021
    Mr. Mohhammed Jaid Mohammed
    Javed Sayyed … Plaintiff
    V/s.
    Mr. Sayyed Shibu Javed Ahmad … Defendant
    ISSUES
    1. Whether the Plaintiff proves that the Plaintiff was holding
    possession of the suit property?
    2. Whether the Plaintiff proves that Defendant has illegally
    dispossessed the Plaintiff from the suit property?
    3. Whether suit is within limitation?
    4. Whether Plaintiff is entitled for relief as prayed?
    5. What Order, Decree and costs?
    S/d
    (A. C. Daga)
    Date : 20.11.2025 Judge, City Civil Court,
    Gr. Mumbai.
    Court Room No.61.
    -- 1 of 1 --
    Order 1
    20 Nov 2025
    Order Details: Other
    Pdf Text: S. C. Suit No. 879/2021 Issues Exh.6
    IN THE CITY CIVIL COURT FOR GREATER MUMBAI
    SHORT CAUSE SUIT NO. 879/2021
    Mr. Mohhammed Jaid Mohammed
    Javed Sayyed … Plaintiff
    V/s.
    Mr. Sayyed Shibu Javed Ahmad … Defendant
    ISSUES
    1. Whether the Plaintiff proves that the Plaintiff was holding
    possession of the suit property?
    2. Whether the Plaintiff proves that Defendant has illegally
    dispossessed the Plaintiff from the suit property?
    3. Whether suit is within limitation?
    4. Whether Plaintiff is entitled for relief as prayed?
    5. What Order, Decree and costs?
    S/d
    (A. C. Daga)
    Date : 20.11.2025 Judge, City Civil Court,
    Gr. Mumbai.
    Court Room No.61.
    -- 1 of 1 --

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