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SUIT - SHORT CAUSE CIVIL SUIT

Nizamuddin Moindudin ShaikhVsMohd. Yasin Moinudin Shaikh +1 more

CNR MHCC0100472120184-COURT 04 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DECREED
Decision Date: 05th February 2020

TrustJury record updated 11 Sept 2026

Case Overview

Registration Number
102131/2018
Registration Date
16 Aug 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 34

    Case History / Proceedings

    Case History
    Date: 09-10-2018
    Business: plff. and his adv. absent.
    deft. and his adv. absent.
    kb at 2.45 p.m
    L.O. at 2.50 p.m
    Adv. for plff. present.
    Writ of summons be issued to the defts.
    Matter is adjd. to. 15.01.2019 for service affd.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 15-01-2019
    
    Date: 15-01-2019
    Business: plff. in person present and has filed service affd. along with bailiff report t.o.r marked as Exh.4.
    Defts. and their adv. absent.
    The affd. Exh.4 shows that writ of summons served on D/1 and 2 by pasting. The defts are absent and failed to appear. The said report does not show service of N/M.  Hence, plff. to serve N/M on the defts.
    Matter is adjd. to. 13.03.2019 for report of service of N/M.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 13-03-2019
    
    Date: 13-03-2019
    Business: Adv. for plff. present and has filed affd. of service about service of N/M on the D/1 and 2 along with returned postal envelope with endorsement of refusal by D/1 and 2 t.o.r. In view of affd. of service of writ of summons at Exh.4 and afffd. of service of N/M Exh.5, the D/1 and 2 are deemed to have been served as they have refused to accept the service. They have failed to appear and hence, the N/M and suit shall proceed exparte against them. Adv. for plff. submits that the N/M may be tagged with the suit. Accordingly the N/M is tagged with the suit.
    Matter is adjd. to. 26.06.2019 for exparte evidence of plff. in the suit.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 26-06-2019
    
    Date: 26-06-2019
    Business: None for parties.
    As court is busy in administrative work and other judicial work.
    Matter is adjd. to. 11/07/2019  for Ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 11-07-2019
    
    Date: 11-07-2019
    Business: Plaintiff present and his advocate absent.
    Adv. for deft absent.
    Plaintiff is states that his advocate held up in High Court.
    On request of plaintiff matter is adjd. to. 21/08/2019  for Ex-party evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 21-08-2019
    
    Date: 21-08-2019
    Business: court is vacant
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 11-10-2019
    
    Date: 11-10-2019
    Business: Court is vacant, hence board is discharge.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 26-11-2019
    
    Date: 26-11-2019
    Business: Plaintiff present.
    Deft are Ex-parte.
    Affidavit in examination in Chief by plaintiff. TOR.
    List of documents. TOR.
    Adjd for marking of documents and further evidence of PW-1 to 20.01.2020.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 20-01-2020
    
    Date: 20-01-2020
    Business: Plaintiff present.
    Adv. S. M. Kazi   for plaintiff present.
    Deft. ex-parte.
    KB LO
    Following documents are exhibited below Exh.6  (list of documents) -
    Exh. 7- Saving Bank A/c with Bank of India, Dadar Branch, having address of the plaintiff of the suit premises dated 09th November, 1977
    Exh.8 - Pass port of Plaintiff of the suit address dated 19th April, 1983.
    Exh. 9- Adhar Card bearing No. 8503 7621 8071 of the plaintiff dt. 03rd October, 2013 having address of plaintiff.
    Exh. 10 -Election Identity Card of the plaintiff of theaddress of suit premises of the year 20/11/1994.
    Exh. 11 - Domicile Certificate of the plaintiff of the suit address dated 14-07-1988.
    Exh. 12 - School Leaving Certificate of the plaintiff, English High School, Dadar of the year 22/07/1986.
    Adv. S. M. Kazi   for plaintiff present and tendered closing evidence pursis t.o.r. Its marked at Exh.  13
    Adjd to 01-02-2020  for final arguments .
    Next Purpose: ARGUMENTS
    Next Hearing Date: 01-02-2020
    
    Date: 01-02-2020
    Business: Adv. S. M. Kazi  for plaintiff present.
    Defendants ex parte.
    KB
    Heard Ld. Adv. for plaintiff\''s arguments.
    Adjd to 05-02-2020  for Judgment .
    Next Purpose: JUDGMENT
    Next Hearing Date: 05-02-2020
    
    Date: 05-02-2020
    Business: Plaintiff present, his adv. absent.
    None for defendants.
    F.R.S.R. following order is passed -
                                    Judgment
    1) Suit No. 2131 of 2018 is decreed with costs.
    2) The defendants, their agents, servants or any persons on their behalf are permanently restrained from disturbing possession of the plaintiff over the suit premises without following due process of law.
    3) Decree be drawn up accordingly.
    Nature Of Disposal: DECREED
    Disposal Date: 05-02-2020

    Additional Case Details

    Additional Case Details
    Filing Number: 105137/2018
    Filing Date: 10-04-2018
    First Hearing Date: 09th October 2018
    Decision Date: 05th February 2020
    Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE

    Orders

    4
    Final Order 2Full order available
    05 Feb 2020

    Order Details: Copy of Judgment Pdf Text: 1 Judgment in S.C.Suit No. 2131/2018 Presented on : 10.04.2018 Decided on : 05.02.2020 Duration : Y-1 M-9 D-26 Exhibit : 14 CNR NO. : MHCC01-004721-2018 IN THE CITY CIVIL COURT FOR GREATER BOMBAY AT MUMBAI SHORT CAUSE SUIT NO. 2131 OF 2018 Nizamuddin Moinudin Shaikh Age : 57 years Occ : Service Residing at Room No.78, Mithwala Chawl, D. P. Bad, Dadar (E), Mumbai-400 014. ] ] ]... Plaintif Versus 1. Mohd.…

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    Final Order 1Full order available
    05 Feb 2020

    Order Details: Copy of Judgment Pdf Text: 1 Judgment in S.C.Suit No. 2131/2018 Presented on : 10.04.2018 Decided on : 05.02.2020 Duration : Y-1 M-9 D-26 Exhibit : 14 CNR NO. : MHCC01-004721-2018 IN THE CITY CIVIL COURT FOR GREATER BOMBAY AT MUMBAI SHORT CAUSE SUIT NO. 2131 OF 2018 Nizamuddin Moinudin Shaikh Age : 57 years Occ : Service Residing at Room No.78, Mithwala Chawl, D. P. Bad, Dadar (E), Mumbai-400 014. ] ] ]... Plaintif Versus 1. Mohd.…

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    Order 2Full order available
    05 Feb 2020

    Order Details: Copy of Judgment Pdf Text: 1 Judgment in S.C.Suit No. 2131/2018 Presented on : 10.04.2018 Decided on : 05.02.2020 Duration : Y-1 M-9 D-26 Exhibit : 14 CNR NO. : MHCC01-004721-2018 IN THE CITY CIVIL COURT FOR GREATER BOMBAY AT MUMBAI SHORT CAUSE SUIT NO. 2131 OF 2018 Nizamuddin Moinudin Shaikh Age : 57 years Occ : Service Residing at Room No.78, Mithwala Chawl, D. P. Bad, Dadar (E), Mumbai-400 014. ] ] ]... Plaintif Versus 1. Mohd.…

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    Order 1Full order available
    05 Feb 2020

    Order Details: Copy of Judgment Pdf Text: 1 Judgment in S.C.Suit No. 2131/2018 Presented on : 10.04.2018 Decided on : 05.02.2020 Duration : Y-1 M-9 D-26 Exhibit : 14 CNR NO. : MHCC01-004721-2018 IN THE CITY CIVIL COURT FOR GREATER BOMBAY AT MUMBAI SHORT CAUSE SUIT NO. 2131 OF 2018 Nizamuddin Moinudin Shaikh Age : 57 years Occ : Service Residing at Room No.78, Mithwala Chawl, D. P. Bad, Dadar (E), Mumbai-400 014. ] ] ]... Plaintif Versus 1. Mohd.…

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