SUIT - SHORT CAUSE CIVIL SUIT
Mr. Shakir E. ShahVsMr. Jamil Ahmed Hussain Qureshi +1 more
CNR MHCC0100527520183-COURT 03 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED IN DEFAULT
Decision Date: 15th March 2023
TrustJury record updated 12 Sept 2026
Case Overview
- Registration Number
- 101513/2018
- Registration Date
- 21 Jun 2018
Advocates
1For Petitioner
For Respondent
Not available
Parties
3Petitioner
Acts & Sections
1Hindu Marriage Act · Sec 34
Case History / Proceedings
Case History
Date: 12-07-2018 Business: None for plaintiff. Issue writ of summons upon defendants through bailiff. Matter adj. for Writ of Summons to 20.10.2018. Next Purpose: WRIT OF SUMMONS Next Hearing Date: 20-10-2018 Date: 20-10-2018 Business: None for plaintiff. None for defendant. Since last two dates nobody appears. Kept back. Later on at 12.05 pm. Adv. Tambe for plaintiff present. and seeks further time to take steps. If affidavit of service is not filed by next date the suit shall dismissed. Matter adj. for Affidavit of Service to 06.02.2018. Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 06-02-2019 Date: 06-02-2019 Business: Adv. Chatawale for plaintiff present and filed writ of summons. As per the Bailiff report field by Ld. counsel for plaintiff, the defs. no.1 and 2 are served with the writ of summons. The defs. are absent despite service. Suit to proceed ex-parte against defendants. Adjd. to 25.4.2019 for ex-parte evidence. Next Purpose: EX-PARTE EVIDENCE Next Hearing Date: 25-04-2019 Date: 25-04-2019 Business: None for plaintiff. Adv. Upadhayay for D-1 present and filed VP on behalf of D-1. Matter adj. for Exparte Evidence to 24.07.2019. Next Purpose: EX-PARTE EVIDENCE Next Hearing Date: 24-07-2019 Date: 24-07-2019 Business: None present for plaintiff and defendant. Matter stands Adj for Ex-parte evidence to 13.09.19. Next Purpose: EX-PARTE EVIDENCE Next Hearing Date: 13-09-2019 Date: 13-09-2019 Business: Court is busy in dictating order of NM no. 2846/18 in suit no. 3403/14. Hence, board is discharged. Matter stands Adj for Ex parte Evidence to 22.10.19. Next Purpose: EX-PARTE EVIDENCE Next Hearing Date: 22-10-2019 Date: 22-10-2019 Business: Adv. Sureshchandra N. Chataule for plaintiff present. None present for defendant. Court is busy in dictated Judgment in suit no. 5926/07. Hence, Matter stands Adj for Ex-Parte evidence to 12.12.2019. Next Purpose: EX-PARTE EVIDENCE Next Hearing Date: 12-12-2019 Date: 12-12-2019 Business: Plaintiff present. Adv. Sureshchandra Chataule for plaintiff present and filed evidence affidavit and list of documents. Evidence affidavit. TOR. List of documents. TOR. None present for defendant. Matter stands Adj for Ex-Parte arguments to 21.01.2020. Next Purpose: EX-PARTE EVIDENCE Next Hearing Date: 21-01-2020 Date: 21-01-2020 Business: Plaintiff present in person. None present for defendant. Say not filed on documents. Matter stands Adj for Ex-parte evidence to 16.03.2020. Next Purpose: EX-PARTE EVIDENCE Next Hearing Date: 16-03-2020 Date: 16-03-2020 Business: None present for plaintiff and defendant. Matter stands Adj for Ex-parte Evidence to 19.06.2020. Next Purpose: EX-PARTE EVIDENCE Next Hearing Date: 19-06-2020 Date: 19-06-2020 Reason For Adjournment: National Lock Down Next Purpose: EX-PARTE EVIDENCE Next Hearing Date: 03-09-2020 Date: 03-09-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: EX-PARTE EVIDENCE Next Hearing Date: 29-10-2020 Date: 29-10-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: EX-PARTE EVIDENCE Next Hearing Date: 21-12-2020 Date: 21-12-2020 Business: None present for plaintiff and defendant. Matter stands Adj for Exparte Evidence to 04.02.2021. Next Purpose: EX-PARTE EVIDENCE Next Hearing Date: 04-02-2021 Date: 04-02-2021 Business: None present. The case is adjourned to 17.03.2021 for Ex-parte evidence. Next Purpose: EX-PARTE EVIDENCE Next Hearing Date: 17-03-2021 Date: 17-03-2021 Business: Advocate Chataule for plaintiff present. Heard on exhibition of documents. The affidavit in lieu of examination in chief at Exh.3 does not contain sufficient statements to admit the documents in evidence. Hence those are not exhibited. The case is adjourned to 20.04.2021 for Exparte Evidence. Next Purpose: EX-PARTE EVIDENCE Next Hearing Date: 20-04-2021 Date: 20-04-2021 Business: Adjourned due to COVID-19 Next Purpose: EX-PARTE EVIDENCE Next Hearing Date: 12-07-2021 Date: 12-07-2021 Business: Court is vacant Next Purpose: EX-PARTE EVIDENCE Next Hearing Date: 07-09-2021 Date: 07-09-2021 Business: Matter called out at 12.04 p.m. None present Matter stands adjourned to 21.12.2021 for Exparte evidence. Next Purpose: EX-PARTE EVIDENCE Next Hearing Date: 21-12-2021 Date: 21-12-2021 Business: None present. Matter stands adjourned to 09.02.2022 for exparte evidence. Next Purpose: EX-PARTE EVIDENCE Next Hearing Date: 09-02-2022 Date: 09-02-2022 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: EX-PARTE EVIDENCE Next Hearing Date: 04-04-2022 Date: 04-04-2022 Business: Matter called out at 11.26 a.m. None present. Matter stands adjourned to 11.07.2022 for exparte evidence. Next Purpose: EX-PARTE EVIDENCE Next Hearing Date: 11-07-2022 Date: 11-07-2022 Business: None present. Issue notice of appearance to the plaintiff through bailiff/RPAD. Matter stands adjourned to 13.09.2022 for appearance of plaintiff. Next Purpose: FOR APPERANCE Next Hearing Date: 13-09-2022 Date: 13-09-2022 Business: Bailiff report received. TOR. Exh.05. It shows that the notices are unserved upon plaintiff as the plaintiff left the premises. Today, none present for plaintiff. Hence, put up for dismissal. Matter stands adjourned to 13.12.2022 for dismissal. Next Purpose: DISMISSAL Next Hearing Date: 13-12-2022 Date: 13-12-2022 Business: Adv. S. N. Chataule for plaintiff present. He is seeking time. Time granted. None present for defendant. Matter stands adjourned to 15.03.2023 for dismissal/ex-parte evidence. Next Purpose: DISMISSAL Next Hearing Date: 15-03-2023 Date: 15-03-2023 Business: None present. K.B. Later on at1.30 p.m. None present. Notice of appearance was issued by this court to the plaintiff on registered address mentioned in the plaint. However, as per report Exh.05, the plaintiff is not found at the given address. On inquiry, it is informed that plaintiff has left the premise since 3 years back and details of new address are not known. As per the provisions of Order VI Rule 14-A(2) of CPC (Bombay High Court Amendment) every change of address is required to be intimated to the adverse parties, as well as to the court. However, the plaintiff failed to submit the new address to the court. Thus, in view of provisions of Order VI Rule 14-A sub-rule(5) clause (a), the suit deserves to be dismissed in default for not submitting the changed registered address. In the result, I proceed to pass the following order. Suit is dismissed in default for non submission of changed registered address. Proceeding is hereby closed. Hence, Suit No.1513/2018 is disposed of accordingly. Nature Of Disposal: DISMISSED IN DEFAULT Disposal Date: 15-03-2023
Additional Case Details
Additional Case Details
Filing Number: 105726/2018 Filing Date: 19-04-2018 First Hearing Date: 12th July 2018 Decision Date: 15th March 2023 Court Number And Judge: 3-COURT 03 ADDL SESSIONS JUDGE
Orders
2Final Order 115 Mar 2023
15 Mar 2023
Order Details: Other Pdf Text: 15.03.2023 Sr. No. 9 SU 1513/18 CORAM : H.H.J. SHRI SHAIKH AKBAR SHAIKH JAFAR (CR. 03) None present. K.B. Later on at1.30 p.m. None present. Notice of appearance was issued by this court to the plaintiff on registered address mentioned in the plaint. However, as per report Exh.05, the plaintiff is not found at the given address. On inquiry, it is informed that plaintiff has left the premise since 3 years back and details of new address are not known. As per the provisions of Order VI Rule 14A(2) of CPC (Bombay High Court Amendment) every change of address is required to be intimated to the adverse parties, as well as to the court. However, the plaintiff failed to submit the new address to the court. Thus, in view of provisions of Order VI Rule 14A subrule(5) clause (a), the suit deserves to be dismissed in default for not submitting the changed registered address. In the result, I proceed to pass the following order. Suit is dismissed in default for non submission of changed registered address. Proceeding is hereby closed. Hence, Suit No.1513/2018 is disposed of accordingly. Judge -- 1 of 1 --
Order 115 Mar 2023
15 Mar 2023
Order Details: Other Pdf Text: 15.03.2023 Sr. No. 9 SU 1513/18 CORAM : H.H.J. SHRI SHAIKH AKBAR SHAIKH JAFAR (CR. 03) None present. K.B. Later on at1.30 p.m. None present. Notice of appearance was issued by this court to the plaintiff on registered address mentioned in the plaint. However, as per report Exh.05, the plaintiff is not found at the given address. On inquiry, it is informed that plaintiff has left the premise since 3 years back and details of new address are not known. As per the provisions of Order VI Rule 14A(2) of CPC (Bombay High Court Amendment) every change of address is required to be intimated to the adverse parties, as well as to the court. However, the plaintiff failed to submit the new address to the court. Thus, in view of provisions of Order VI Rule 14A subrule(5) clause (a), the suit deserves to be dismissed in default for not submitting the changed registered address. In the result, I proceed to pass the following order. Suit is dismissed in default for non submission of changed registered address. Proceeding is hereby closed. Hence, Suit No.1513/2018 is disposed of accordingly. Judge -- 1 of 1 --
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