SUIT - SHORT CAUSE CIVIL SUIT

Mrs. Afroz Aslam Siddiqui +3 moreVsMr. Mohammad Aslam Habibur Rehman Siddiqui

CNR MHCC01004568201964-COURT 64 AD-HOC ADDL SESSIONS JUDGE

City Civil Court, Mumbai

Mumbai · Maharashtra (MH)

PENDING

TrustJury record updated 20 Sept 2026

Case Overview

Registration Number: 101502/2019
Registration Date: 21 Jun 2019
Next Hearing Date: 13 Oct 2026
Case Stage: RECORDING EVIDENCE

Advocates

For Petitioner

Sushma V. Pandey

For Respondent

Not available

Parties

Petitioner

Respondent

1Mr. Mohammad Aslam Habibur Rehman Siddiqui

Acts & Sections

Hindu Marriage Act · Sec 34

Case History / Proceedings

Case History

Date: 24-06-2019
Business: Adv. Sushma Pande for Plaintiff present.
Deft present.
Adv. Kamil Sayyed appeared for defendant and undertakes to file V/n.
Adj for NM reply to 26.07.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-07-2019

Date: 26-07-2019
Business: Adv. Sushma Pandey for Plaintiff present.
Ex.2 Adv. Faujan Shaikh filed V/n for defendant t.o.r.
Adv for defendant requested to take written statement of defendant on record.
There is delay in filing written statement, so defendant has to take appropriate proceeding for taking his written statement on record.
Draft Ch/s filed by Adv for defendant t.o.r.
Leave is granted to register it.
Copy be served on other side.
Defendant is directed to file reply to NM of the Plaintiff.
Adj for reply, service of Ch/s to 09.08.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-08-2019

Date: 09-08-2019
Business: Adv. Sushma Pandey for Plaintiff present.
Adv. Fauzan Shaikh for defendant present.
He tendered original Ch/s No.1440/19 t.o.r.
Draft NM filed by Adv for defendant t.o.r.
Leave is granted to register it.
Copy is given to other side.
Say filed by Adv for Plaintiffs on draft NM.
Order below draft NM.
Read draft NM, affidavit in support of it, reply of Plaintiffs.
Heard respective counsel for parties.
Defendant has taken out Notice of motion to condone the delay caused in filing of written statement.
Plaintiffs have filed their say to said motion and prayed to impose costs.
It is the contention of defendant that due to ignorance he could not engage counsel at the earliest and thereafter documents required for drafting written statement could not be traced. For these reasons, delay has been caused in filing written statement.
It is a settled law that Order 8 Rule 1 of CPC is not mandatory and in specific circumstances the WS can be accepted with reasons. It is also held that in an adversarial system, no party should be denied an opportunity in participation of the justice dispensation system (Salem Bar Association V/s Union of India (2003 AIR SCC 189) and Zolba V/s Keshav (2008 AIR SCC 2099)
Keeping in view above legal position, I have considered present draft Notice of motion.
Delay caused is not inordinate and it cannot be said that delay caused is deliberate. Therefore, considering the reason assigned, in order to give an opportunity to the defendant to contest matter on merit, I am inclined to condone the delay caused in filing of written statement. Hence, pass following order.
ORDER
1. Draft Notice of motion is allowed and made absolute in terms of prayer clause (a) subject to payment of costs of Rs.1,000/- to the plaintiffs within period of one week. Defendant is at liberty to deposit costs payable to the Plaintiffs in Court.
2. Defendant has to file his written statement within one week of payment of costs to the Plaintiffs.
3. For statistical purposes, draft NM be registered.
4. Accordingly, draft NM is disposed off.
Costs is paid by Adv for defendant to the Adv for Plaintiffs.
Ex.3 Written statement filed by defendant t.o.r.
Copy is given to the Plaintiffs.
Adv for defendant submitted that written statement filed by him be treated as reply to NM filed by the Plaintiffs.
Statements of defendant is accepted.
Written statement, Exh.3 is also treated as reply to the NM of Plaintiffs.
Adv for Plaintiffs submitted that they want to file rejoinder.
Time is granted.
Adv for Plaintiff submitted that they do not want to file reply to Ch/s.
Adv for defendant submitted that Plaintiffs and  defendants are residing in suit premises.
Parties are directed to maintain status quo till next date.
Adj for NM hearing and Ch/s reply to 23.09.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-09-2019

Date: 23-09-2019
Business: Adv.Sushma Pandey for plaintiff present.
Adv.Fauzan Shaikh for defendant present.
Adv. for plaintiff filed affidavit in reply to C/s 1440/19. t. o. r. Copy given to other side.
She also filed affidavit in rejoinder to reply of defendant to NM 1700/19. t. o. r. Copy given to other side.
Earlier order to continued.
Matter is adjd. for Ch/s hearing to 15.10.2019
Next Purpose: C/S  HEARING
Next Hearing Date: 15-10-2019

Date: 15-10-2019
Business: Plaintiff present.
Adv. Fauzan for defendant present.
Plaintiff sought adjournments- Granted.
Adjd to 19.11.2019 Ch/s hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 19-11-2019

Date: 19-11-2019
Business: Adv. Sushma Pandey for plaintiff present.
Adv. Fauzan for defendant present.
Earlier order, if any to continue till next date.
With consent both parties matter is adjourned for hearing to 19.12.2019
Next Purpose: C/S  HEARING
Next Hearing Date: 19-12-2019

Date: 19-12-2019
Business: Adv. Sushma Pandey for Plaintiff present.
Adv. Shilpa Singh for defendant No. 1 present.
Adv. for Defendant sought adjournment - Granted
Earlier Order, if any to continue till next date.
Adjd. to 16.01.2020 for Ch/s Hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 16-01-2020

Date: 16-01-2020
Business: Adv. Sushma Pandey for plaintiff present.
Adv. Fauzan for defendant  present.
Adv. for plaintiff submitted that plaintiff will give inspection of whatever original documents are in her custody relating to suit premises.
Earlier order, if any to continue till next date.
Therefore, matter is adjourned for CS hearing to 11.02.2020
Next Purpose: C/S  HEARING
Next Hearing Date: 11-02-2020

Date: 11-02-2020
Business: Plff present.
Adv Pande for plff present.
Adv Fauzan for deft present.
He taken inspection of documents.
Earlier order continued till next date.
Matter stands Adj for Inspection to 06/03/2020.
Next Purpose: C/S  HEARING
Next Hearing Date: 06-03-2020

Date: 06-03-2020
Business: Adv Sushma Pande for plff present.
Adv Fauzan for deft present.
He seeks time for CS hearing.  Granted.
Matter stands Adj for CS hearing to 20/03/2020.
Next Purpose: C/S  HEARING
Next Hearing Date: 20-03-2020

Date: 20-03-2020
Business: None present.
Matter stands Adj for Chs Hearing to 13.04.2020
Next Purpose: C/S  HEARING
Next Hearing Date: 13-04-2020

Date: 20-03-2020
Business: None present.
Matter stands Adj for Chs Hearing to 13.04.2020
Next Purpose: C/S  HEARING
Next Hearing Date: 13-04-2020

Date: 20-03-2020
Business: None present.
Matter stands Adj for Chs Hearing to 13.04.2020
Next Purpose: C/S  HEARING
Next Hearing Date: 13-04-2020

Date: 13-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S  HEARING
Next Hearing Date: 02-06-2020

Date: 13-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S  HEARING
Next Hearing Date: 02-06-2020

Date: 13-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S  HEARING
Next Hearing Date: 02-06-2020

Date: 02-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S  HEARING
Next Hearing Date: 19-06-2020

Date: 02-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S  HEARING
Next Hearing Date: 19-06-2020

Date: 02-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S  HEARING
Next Hearing Date: 19-06-2020

Date: 19-06-2020
Next Purpose: C/S  HEARING
Next Hearing Date: 14-09-2020

Date: 14-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S  HEARING
Next Hearing Date: 04-11-2020

Date: 04-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S  HEARING
Next Hearing Date: 12-01-2021

Date: 04-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S  HEARING
Next Hearing Date: 12-01-2021

Date: 04-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S  HEARING
Next Hearing Date: 12-01-2021

Date: 12-01-2021
Business: None present.
Matter stands Adj for CS Hearing to 23/02/2021.
Next Purpose: C/S  HEARING
Next Hearing Date: 23-02-2021

Date: 23-02-2021
Business: Adv Sushma Pande for plff present.
None for deft.
Adv for plff seeks time for hearing on CS.
Matter stands Adj for CS Hearing to 18/03/2021.
Next Purpose: C/S  HEARING
Next Hearing Date: 18-03-2021

Date: 18-03-2021
Business: Adv Sushma Pande for plff present.
None for deft.
Earlier order continue.
Matter stands Adj for CS Hearing to 29/04/2021.
Next Purpose: C/S  HEARING
Next Hearing Date: 29-04-2021

Date: 29-04-2021
Business: Due to lockdown Covid-19
Next Purpose: C/S  HEARING
Next Hearing Date: 12-07-2021

Date: 29-04-2021
Business: Due to lockdown Covid-19
Next Purpose: C/S  HEARING
Next Hearing Date: 12-07-2021

Date: 29-04-2021
Business: Due to lockdown Covid-19
Next Purpose: C/S  HEARING
Next Hearing Date: 12-07-2021

Date: 12-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S  HEARING
Next Hearing Date: 27-08-2021

Date: 27-08-2021
Business: Both parties and their Adv absent.
Earlier order to continue till decision of NM.
Matter stands Adj for CS Hearing to 12/10/2021.
Next Purpose: C/S  HEARING
Next Hearing Date: 12-10-2021

Date: 12-10-2021
Business: Both parties and their Adv absent.
Matter stands Adj for CS Hearing to 17/11/2021.
Next Purpose: C/S  HEARING
Next Hearing Date: 17-11-2021

Date: 17-11-2021
Business: Both parties and their Adv absent.
Matter stands Adj for CS and NM Hearing to 24/01/2022.
Next Purpose: C/S  HEARING
Next Hearing Date: 24-01-2022

Date: 24-01-2022
Business: Both parties and their Adv absent.
Matter stands Adj for CS Hearing to 17/03/2022.
Next Purpose: C/S  HEARING
Next Hearing Date: 17-03-2022

Date: 17-03-2022
Business: Both parties and their Adv absent.
Matter stands Adj for CS Hearing to 20/04/2022.
Next Purpose: C/S  HEARING
Next Hearing Date: 20-04-2022

Date: 20-04-2022
Business: Both parties and their Adv absent.
P. O. is busy in dictating order in NM 2149/2018 in SU 2768/2017.
Matter stands Adj for CS Hearing to 23/06/2022.
Next Purpose: C/S  HEARING
Next Hearing Date: 23-06-2022

Date: 23-06-2022
Business: PO is on leave.
Next Purpose: C/S  HEARING
Next Hearing Date: 15-07-2022

Date: 23-06-2022
Business: PO is on leave.
Next Purpose: C/S  HEARING
Next Hearing Date: 15-07-2022

Date: 23-06-2022
Business: PO is on leave.
Next Purpose: C/S  HEARING
Next Hearing Date: 15-07-2022

Date: 15-07-2022
Business: PO is on leave.
Next Purpose: C/S  HEARING
Next Hearing Date: 10-08-2022

Date: 15-07-2022
Business: PO is on leave.
Next Purpose: C/S  HEARING
Next Hearing Date: 10-08-2022

Date: 15-07-2022
Business: PO is on leave.
Next Purpose: C/S  HEARING
Next Hearing Date: 10-08-2022

Date: 10-08-2022
Business: Both parties and their advocate are absent.
Parties are directed to give CTS number of suit property.
Matter is adjd for hearing as last chance to 05/11/2022
Next Purpose: HEARING
Next Hearing Date: 05-11-2022

Date: 05-11-2022
Business: Both parties and their advocate are absent.
Parties are directed to give CTS number of suit property.
Matter is adjd for hearing to 21/12/2022.
Next Purpose: HEARING
Next Hearing Date: 21-12-2022

Date: 21-12-2022
Business: Both parties and their advocate are absent.
Matter is adjourned for hearing to 14/02/2023.
Next Purpose: HEARING
Next Hearing Date: 14-02-2023

Date: 14-02-2023
Business: Both parties and their advocate are absent.
Matter adjourned for hearing to 31/03/2023.
Next Purpose: HEARING
Next Hearing Date: 31-03-2023

Date: 31-03-2023
Business: Both parties and their advocate are absent.
Matter adjourned for hearing to 09/06/2023.
Next Purpose: HEARING
Next Hearing Date: 09-06-2023

Date: 09-06-2023
Business: Both parties and advocate absent.
Last chance granted for hearing.
Matter adjourned for hearing on 06.07.2023.
Next Purpose: HEARING
Next Hearing Date: 06-07-2023

Date: 09-06-2023
Business: Both parties and advocate absent.
Last chance granted for hearing.
Matter adjourned for hearing on 06.07.2023.
Next Purpose: HEARING
Next Hearing Date: 06-07-2023

Date: 09-06-2023
Business: Both parties and advocate absent.
Last chance granted for hearing.
Matter adjourned for hearing on 06.07.2023.
Next Purpose: HEARING
Next Hearing Date: 06-07-2023

Date: 06-07-2023
Business: Both parties and advocate absent.
Granted as last chance
Matter adjourned for hearing on 26/07/2023.
Next Purpose: HEARING
Next Hearing Date: 26-07-2023

Date: 06-07-2023
Business: Both parties and advocate absent.
Granted as last chance
Matter adjourned for hearing on 26/07/2023.
Next Purpose: HEARING
Next Hearing Date: 26-07-2023

Date: 06-07-2023
Business: Both parties and advocate absent.
Granted as last chance
Matter adjourned for hearing on 26/07/2023.
Next Purpose: HEARING
Next Hearing Date: 26-07-2023

Date: 26-07-2023
Business: Both parties and advocate absent.
Matter adjourned for hearing on 02.09.2023.
Next Purpose: HEARING
Next Hearing Date: 02-09-2023

Date: 26-07-2023
Business: Both parties and advocate absent.
Matter adjourned for hearing on 02.09.2023.
Next Purpose: HEARING
Next Hearing Date: 02-09-2023

Date: 26-07-2023
Business: Both parties and advocate absent.
Matter adjourned for hearing on 02.09.2023.
Next Purpose: HEARING
Next Hearing Date: 02-09-2023

Date: 02-09-2023
Business: Plaintiff and advocate absent.
Defendant  and advocate absent.
Since long matter is posted for NM hearing. It reveals that, the plaintiffs are not interested to proceed further in NM 1700/2019, hence Notice of Motion No. 1700 of 2019 is dismissed in default.
Matter adjourned for C/S hearing on 26.09.2023.
Next Purpose: HEARING
Next Hearing Date: 26-09-2023

Date: 02-09-2023
Business: Plaintiff and advocate absent.
Defendant  and advocate absent.
Since long matter is posted for NM hearing. It reveals that, the plaintiffs are not interested to proceed further in NM 1700/2019, hence Notice of Motion No. 1700 of 2019 is dismissed in default.
Matter adjourned for C/S hearing on 26.09.2023.
Next Purpose: HEARING
Next Hearing Date: 26-09-2023

Date: 26-09-2023
Business: Both parties and advocates are absent.
As Court is busy in dictating order in Suit No. 824/2023. Hence, matter is adjourned.
Matter is adj. for hearing to 31/10/2023.
Next Purpose: HEARING
Next Hearing Date: 31-10-2023

Date: 31-10-2023
Business: Both parties and advocate absent.
Matter adjourned for hearing on 13.12.2023.
Next Purpose: HEARING
Next Hearing Date: 13-12-2023

Date: 13-12-2023
Business: Both parties and advocate absent.
Matter adjourned for C/H hearing  on 31/01/2024.
Next Purpose: HEARING
Next Hearing Date: 31-01-2024

Date: 31-01-2024
Business: Both parties and advocate absent.
Matter adjourned for hearing on 05.03.2024.
Next Purpose: HEARING
Next Hearing Date: 05-03-2024

Date: 05-03-2024
Business: Both parties and advocate absent.
Matter adjourned for hearing on 12.04.2024.
Next Purpose: HEARING
Next Hearing Date: 12-04-2024

Date: 12-04-2024
Business: PO is on leave, hence matter is adjourned.
Next Purpose: HEARING
Next Hearing Date: 06-05-2024

Date: 06-05-2024
Business: PO is on leave, hence matter is adjourned.
Next Purpose: HEARING
Next Hearing Date: 27-06-2024

Date: 27-06-2024
Business: Both parties and advocate absent.
The record shows that matter is pending for the C/S  hearing since 2019. The defendant has not taken any effective steps for the hearing of C/S. It shows that the defendant is not interested to conduct this matter. Hence Chamber Summons no. 1440 of 2019 is dismissed for want of prosecution.
Plaintiff is directed to submit draft issues.
Matter is adjourned for draft issues on 17.08.2024.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 17-08-2024

Date: 17-08-2024
Business: PO is on Leave
Next Purpose: DRAFT ISSUES
Next Hearing Date: 18-11-2024

Date: 18-11-2024
Business: Both parties and advocate absent
Matter is referred to National Lok-Adalat as there is a possibility of settlement in this matter. Both parties are directed to remain present before National Lok-Adalat on 14.12.2024 at 10.30 a.m. Issue notice to both parties to remain present before National-Lok-Adalat.
Matter is adjourned for National Lok-Adalat on 14.12.2024.
Matter is adjourned for draft issues on 04.04.2025.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 14-12-2024

Date: 14-12-2024
Business: NATIONAL LOK-ADALAT HELD ON 14.12.2024 (Panel No.6)
Matter pertains to C.R.No.2.
None present from both the sides.
Matter is adjourned to 06.01.2025.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 06-01-2025

Date: 06-01-2025
Business: Both parties and advocate absent.
Matter is adjourned for draft issues on 24.06.2025.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 24-06-2025

Date: 24-06-2025
Business: None for plaintiff.
None for defendant.
Matter adjourned for filing draft issues by both the parties to 08.10.2025.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 08-10-2025

Date: 08-10-2025
Business: None present for the parties.
Upon perusal of pleadings it appears that, matter can be settled through Mediation. As a matter of chance, present suit is referred for mediation on Court motion.
There exists an element of settlement in this matter. Hence this suit be referred to Mediation. DLSA, Mumbai is requested to issue notices to both the parties.
Matter adjourned to 14.11.2025 for draft issues / Mediation report.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 14-11-2025

Date: 14-11-2025
Business: P.O IS ON LEAVE
Next Purpose: MEDIATION REPORT
Next Hearing Date: 16-12-2025

Date: 16-12-2025
Business: NOT ON BOARD - TAKEN ON BOARD
Mediation Report received from mediation department marked as Exh-4. Mediation failed.
Matter adjourned to 05.02.2026 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 05-02-2026

Date: 05-02-2026
Business: None present for the parties.
Matter adjourned to 07.04.2026 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 07-04-2026

Date: 07-04-2026
Business: None present for the parties.
Draft issues not filed.
Matter adjourned to 17.07.2026 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 17-07-2026

Date: 17-07-2026
Business: Matter received from Cr.02
None present for plaintiff.
None present for defendant.
Issues framed. Exh.05
Matter is adjd to 20.08.2026 recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-08-2026

Date: 20-08-2026
Business: None for plaintiff present.
None for defendant present.
Matter is old one. Both parties to expedite the same.
Matter is adjd to 08.09.2026 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-09-2026

Date: 08-09-2026
Business: Court is on leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-10-2026

Additional Case Details

Filing Number: 105034/2019
Filing Date: 23-04-2019
First Hearing Date: 24th June 2019
Court Number And Judge: 64-COURT 64 AD-HOC ADDL SESSIONS JUDGE

Orders

Interim Order 1

17 Jul 2026

Order Details: Other
Pdf Text: 1 S.C.Suit No.1502/2019
Exh.05
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI.
S.C.SUIT NO.1502 OF 2019
Mrs. Afroz Aslam Siddiqui & Ors. … Plaintiffs
Vs.
Mr. Mohammad Aslam Habibur
Rehman Siddiqui … Defendants
I S S U E S
1. Whether plaintiffs have proved their right, title or interest
over the suit premises ?
2. Whether plaintiffs have given proper description of suit premises
as per Order VII Rule 3 of Code of Civil Procedure ?
3. Whether defendant is trying to evict the plaintiffs from the
possession of suit premises ?
4. Whether plaintiffs are entitled for the relief of declaration as
prayed ?
5. Whether plaintiffs are entitled for the relief of permanent
injunction as prayed ?
6. What Order and Decree ?
(Shri. S.K. Fokmare)
Date : 17.07.2026 Ad-hoc Judge,
Court Room No. 64
City Civil Court,Mumbai.
-- 1 of 1 --

Order 1