SUIT - SHORT CAUSE CIVIL SUIT

Raziuddin Mojibuddin Khan S/o. Mojibuddin KhanVsMojibuddin Khan +4 more

CNR MHCC01004793201862-COURT 62 AD-HOC ADDL SESSIONS JUDGE

City Civil Court, Mumbai

Mumbai · Maharashtra (MH)

CASE DISPOSED

Uncontested--WITHDRAWL

Decision Date: 27th August 2021

TrustJury record updated 11 Sept 2026

Case Overview

Registration Number: 102008/2018
Registration Date: 04 Aug 2018

Advocates

For Petitioner

Shehzad Naqui

For Respondent

Not available

Parties

Petitioner

1Raziuddin Mojibuddin Khan S/o. Mojibuddin Khan

Respondent

Acts & Sections

Protection of Women from Domestic Violence Act · Sec 39

Case History / Proceedings

Case History

Date: 27-08-2018
Business: Adv.Mr.Nakavi for Plff.present.
He tendered draft N/m along with affidavit t.o.r. Leave granted to register N/m.
Time is extended for service of notice and writ of summons.
Adjd.for service on 27.09.2018.
Next Purpose: SERVICE
Next Hearing Date: 27-09-2018

Date: 27-09-2018
Business: H.H.J.is nominated as Trainer for Mediation hence Board discharged.
Next Purpose: SERVICE
Next Hearing Date: 12-10-2018

Date: 12-10-2018
Business: By Precipee
Adv.Mr.Naqvi for Plff present.
He tendered original registered N/m No.3453/18 t.o.r.
Adv.S.C.Pirzade for Defts no.1 to 5 present and vakalatnama and t.o.r.and marked at Exh.2.
Parties to the suit are directed to attend this court 15.10.2018 at 2.45 pm.for consideration of ADR.
Next Purpose: CONSIDERATION
Next Hearing Date: 15-10-2018

Date: 15-10-2018
Business: Plff.and Adv.Mr.Naqvi for Plff.present.
Deft.and Adv.Mr.Munir Merchant for Deft present.
Both the parties consented to refer the matter for Mediation.
As per the provisions of Section 89 of the C.P.C.this matter is referred for mediation.  Parties to the suit to take note that mediation is the confidential process and it is in the interest and the benefit of the party. Parties to take note that mediation process is in good faith. Both the parties and their Ld.advocates have consented for referring the matter for mediation.  Parties to attend the District Mediation Center on 22.10.2018  at 11.00 am.
Adjd.for Mediator\''s report on 27.11.2018.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 27-11-2018

Date: 27-11-2018
Business: None for plaintiff.
Adv. Pirjade for deft present.
Mediation Report received. Marked Exh. 3.
Mediation Failed.
Adjd. to 02/03/19 for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-03-2019

Date: 02-03-2019
Business: Adv. Shehzad Naqvi for Plaintiff present.
Adv. Pirzade for Defendant present.
Order below NM no.3453/18.
Adv for Plaintiff submitted that during pendancy of present motion, Plaintiff has been dispossessed.
In view of above fact he submitted that Plaintiff does not want to prosecute his motion. Therefore, notice of motion no.3453/18 stands dismissed for want of prosecution and accordingly disposed off.
Draft NM filed by Plaintiff t.o.r.
Leave granted to register it.
Copy of NM served to other side.
Adj for NM reply to 24.04.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-04-2019

Date: 24-04-2019
Business: PO IS ON LEAVE.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-07-2019

Date: 19-07-2019
Business: Court is busy in hearing NM in suit no.234/19 and court has to dictate order in suit no.6072/06, case is adjourned to 25/09/2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-09-2019

Date: 25-09-2019
Business: Court is busy in dictating order on Notice of Motion in suit no.1762/18 and hearing urgent applications, board of second session is discharged and case is adjourned to 28/11/2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-11-2019

Date: 28-11-2019
Business: Court is on leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-02-2020

Date: 18-02-2020
Business: None present for Plaintiff.
Advocate Ravindra Khillare for Defendants present and submitted that Plaintiffs have not served copy of NM upon Defendants.  Hence, Plaintiff are directed to serve copy of NM upon Defendants.
Plaintiffs are directed to get registered draft NM till next date.
Case is adjourned to 02/05/2020 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-05-2020

Date: 02-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-05-2020

Date: 22-05-2020
Business: Due to Covid 19 pandemic, matters are adjourned as per Office order no.78.2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-06-2020

Date: 10-06-2020
Business: None present for Plaintiff.
None present for Defendant.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 05/08/2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-08-2020

Date: 05-08-2020
Business: Due to corona pandemic and lockdown and due to heavy rainfall in Mumbai
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-09-2020

Date: 25-09-2020
Business: None present for Plaintiff.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 18/12/2020 for NM reply/rejoinder.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-12-2020

Date: 18-12-2020
Business: None present for Plaintiffs.
None present for Defendants.
It seems that due to Corona pandemic, parties are absent, hence case is adjourned to 10/03/2021 for Notice of Motion hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-03-2021

Date: 10-03-2021
Business: None present for plff.
Adv Mr.Ravindra Khillare for defts present.
Despite granting leave as per order dt.02.03.2019, plff has not got the draft NM registered till date. Roznama shows that nobody is attending the matter for and on behalf of the plff since long hence, said draft NM is dismissed in default for want of prosecution. It be got registered for statistical purpose.
Plff is directed to serve writ of summons on defts.
Matter is adjd. for service of writ of summons to 08.06.2021.
Next Purpose: SERVICE
Next Hearing Date: 08-06-2021

Date: 08-06-2021
Business: None present for both parties.
Considering the present pandemic condition and SOP issued by Honble High Court, matter is adjourned at same stage.
Next Purpose: SERVICE
Next Hearing Date: 15-07-2021

Date: 15-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 27-08-2021

Date: 27-08-2021
Business: Plaintiff present with his ld. Adv Shehzad Naqvi and filed suit withdrawal pursis at Exh.4.
None present for the defendant.
Verified the contents of withdrawal pursis from the plaintiff. He admitted the contents to be true and correct hence, pursis is R & R. Suit is sought to be withdrawn unconditionally hence, in view of pursis Exh.4, suit stands disposed off as withdrawn by the plaintiff unconditionally. Court fees be refunded to the plaintiff as per rules. Both parties to bear their own costs.
Proceeding is closed.Judge
Nature Of Disposal: WITHDRAWL
Disposal Date: 27-08-2021

Additional Case Details

Filing Number: 105211/2018
Filing Date: 11-04-2018
First Hearing Date: 27th August 2018
Decision Date: 27th August 2021
Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE

Orders

Final Order 1

27 Aug 2021

Order Details: Other
Pdf Text: 28/08/2021 CORAM : H.H.J. SHRI P.P.RAJVAIDYA (C.R. NO.62)
SU 2008/18
Exh.4
Plaintiff present with his ld. Adv Shehzad Naqvi and filed suit
withdrawal pursis at Exh.4.
None present for the defendant.
Verified the contents of withdrawal pursis from the plaintiff. He
admitted the contents to be true and correct hence, pursis is R &
R. Suit is sought to be withdrawn unconditionally hence, in view
of pursis Exh.4, suit stands disposed off as withdrawn by the
plaintiff unconditionally. Court fees be refunded to the plaintiff as
per rules. Both parties to bear their own costs.
Proceeding is closed.Judge
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Order 1