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SUIT - SHORT CAUSE CIVIL SUIT

Mr. Sarfaraz Ahmed KhanVsThe Secretary General +3 more

CNR MHCC01005375201959-Court 59 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 19th September 2026

TrustJury record updated 20 Sept 2026

Case Overview

Registration Number
101298/2019
Registration Date
31 May 2019

Advocates

1

For Respondent

    Not available

    Parties

    5

    Acts & Sections

    1

    Case History / Proceedings

    Case History
    Date: 06-06-2019
    Business: Fresh matter assigned to this Court.
    Adv. Wasim Khan for plaintiff present.
    Exh.2 VP filed by Adv. Tushar Jadhav, Adv. Rohit Shevte and Adv. Priya Jadhav for D-1 and 2. TOR.
    Exh.3 Written statement filed by D-1 and 2. TOR.
    Exh.4 VP filed by Adv. Kedar Patil for D-3. TOR.
    Adv. for plaintiff tender the original NM No.1963/19.
    Ld counsel for the Plff filed Draft NM alongwith affidavit.
    Order - Heard. Leave granted. NM be registered. Copy are already served upon otherside. Service affidavit be filed.
    Ld. counsel for plaintiff has not pressed NM No.1963/19. Accordingly, it is disposed off.
    Matter adjd for NM hearing on 11.06.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-06-2019
    
    Date: 11-06-2019
    Business: Adv. Wasim Khan Present for the Plff.
    Adv.Tushar Jaddhav alongwith Adv. Rohit Shevte and Adv. Diya Jaddhav Present for the Deft. No. 1 and 2.
    Adj to 18/06/2019 for Service.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-06-2019
    
    Date: 18-06-2019
    Business: Adv. Wasim Khan for plaintiff present.
    Adv. Tushar Jadhav for D-1 and 2 present.
    Ld counsel for the Plff filed registered NM No.2029/19 alongwith affidavit.
    Adv. for D-1 and 2 filed reply to above said NM.
    Heard argument on behalf of plaintiff.
    Matter adjd for argument of defendant on 21/06/2019.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 21-06-2019
    
    Date: 21-06-2019
    Business: Court is on Leave
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 28-06-2019
    
    Date: 21-06-2019
    Business: Court is on Leave
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 28-06-2019
    
    Date: 28-06-2019
    Business: None present for plaintiff.
    Adv. Sanjay for defendant present.
    On the request of Ld. Counsel of defendant hearing is adjourned.
    Matter adjd for argument of defendant on NM 2029/19 on 10/07/2019.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 10-07-2019
    
    Date: 10-07-2019
    Business: Adv. Wasim Khan for plaintiff present.
    Adv. Rohit for D-1 and 2 present.
    Matter adjd for NM argument of defendant on 19/07/2019.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 19-07-2019
    
    Date: 19-07-2019
    Business: Adv. Wasim Khan for plaintiff present.
    Adv. Rohit @ Tushar Jadhav for Deft No. 1 and 2 present.
    List of citations by deft t.o.r.
    Partial argument heard on the behalf of deft.
    Matter adjd for further argument of Deft on NM 2029/19 and reply of Plff to 23/07/2019.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 23-07-2019
    
    Date: 23-07-2019
    Business: Adv.  Wasim Khan Present for the Plff.
    Adv. Rohit Present for the Deft.
    Adj to 30/07/2019 for NM Argument.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 30-07-2019
    
    Date: 30-07-2019
    Business: Adv. Wasim Khan for Plaintiff present.
    Adv. Priya Jadhav for defendant present.
    Ld. counsel for defendant prayed for time to argue the matter.
    Matter adjd for further argument of defendant on NM on 01/08/2019.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 01-08-2019
    
    Date: 01-08-2019
    Business: Adv. Wasim Khan for Plaintiff present.
    Adv. Tushar Jadhav a/w Riya Jadhav for defendant present.
    Exh.6 Compilation filed by defendant. TOR.
    Both side argument heard.
    Matter adjd for NM order on 07/08/2019.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 07-08-2019
    
    Date: 07-08-2019
    Business: Adv. Kumavat for plaintiff present.
    Court is busy in R/E (PH), NM hearing and dictating the order.
    Matter adjd for NM order on 16/08/2019.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 16-08-2019
    
    Date: 16-08-2019
    Business: H.H.J. is on Leave
    Next Purpose: NM  ORDERS
    Next Hearing Date: 30-08-2019
    
    Date: 16-08-2019
    Business: H.H.J. is on Leave
    Next Purpose: NM  ORDERS
    Next Hearing Date: 30-08-2019
    
    Date: 30-08-2019
    Business: Adv. Wasim Khan for plaintiff present.
    None present for defendant.
    Matter adjd for NM order on 04/09/2019.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 04-09-2019
    
    Date: 04-09-2019
    Business: Adv. Kumawat for plaintiff present.
    Adv. for defendant present.
    Matter adjd for NM order on 13/09/2019.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 13-09-2019
    
    Date: 13-09-2019
    Business: Adv. Kumawat for plaintiff present.
    PO is on leave (2nd Sessions). Hence adjourned.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 27-09-2019
    
    Date: 27-09-2019
    Business: None present for plaintiff.
    Adv. Rohit Shewte for D-1 and 2 present.
    Matter adjd for NM order on 09/10/2019.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 09-10-2019
    
    Date: 09-10-2019
    Business: Adv. Wasim Khan for plaintiff present.
    Adv. Shewate for defendant present.
    As court is busy in NM hearing, hence this matter is adjourned.
    Matter adjd for NM order on 10/10/2019.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 10-10-2019
    
    Date: 10-10-2019
    Business: Adv. Wasim Khan for plaintiff present.
    Adv. Tushar Jadhav for defendant present.
    F.R.S.R. following order is passed.
    ORDER
    NM No.2029/19 in SU No.1298/19 is hereby rejected.
    Matter adjd for WS on 25/11/2019.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 25-11-2019
    
    Date: 25-11-2019
    Business: Both parties and their counsel absent.
    Matter adjd to 20/12/2019.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 20-12-2019
    
    Date: 20-12-2019
    Business: None present for plaintiff and defendant.
    Defendant no. 1 and 2 already filed written statement vide Exh. 3.
    Defendant no. 3 appear by filing vakalatnama on  6.6.2019.
    Perused affidavit of service of all the defendants. Hence, matter adjd to for passing order against defendant no. 3 and 4 on 24.2.2020.
    Next Purpose: ORDER
    Next Hearing Date: 24-02-2020
    
    Date: 24-02-2020
    Business: None present.
    Perused record defendant no.3 appear through advocate by filing V/N on 06-06-2019 vide Ex.04. He did not file WS. Hence suit be proceeded without WS against Defendant no.3.
    Perused service affidavit. It is mentioned therein that plaintiff went at the office of the defendant no.4. Authorized person of the defendant no.4 accepted the service of proceeding and acknowledged the same by putting the rubber stamp and signature upon the covering letter of plaintiff advocate. Noting is mentioned in the service affidavit that writ of summons are served to defendant no.4. Therefore there is no valid service of writ of summons to defendant no.4. Hence, the suit is proceed without WS against defendant no.3
    Matter adjd for service steps against defendant no.4. to 29-04-2020 at 11.00 am.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 29-04-2020
    
    Date: 29-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 20-05-2020
    
    Date: 20-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 08-06-2020
    
    Date: 08-06-2020
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 11-08-2020
    
    Date: 11-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 02-11-2020
    
    Date: 02-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 30-01-2021
    
    Date: 30-01-2021
    Business: Adv. Bushra Khan for plaintiff present.
    Adjd for taking steps to 18/03/2021
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 18-03-2021
    
    Date: 18-03-2021
    Business: Nobody present.
    Adjd for taking steps to 12/07/2021
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 12-07-2021
    
    Date: 12-07-2021
    Business: Due to COVID-19 mater adj. to
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 04-09-2021
    
    Date: 04-09-2021
    Business: Board is discharged
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 25-10-2021
    
    Date: 25-10-2021
    Business: Court is Vacant.  Board dicharged.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 13-01-2022
    
    Date: 13-01-2022
    Business: Court is Vacant.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 05-03-2022
    
    Date: 05-03-2022
    Business: AS PO IS ON TRAINING
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 14-06-2022
    
    Date: 14-06-2022
    Business: None  for plff
    None  for Defendant
    Matter is adjd on 19.08.2022 for Taking Steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 19-08-2022
    
    Date: 19-08-2022
    Business: None   for plff
    None for Defendant
    Matter is adjd on 14.11.2022 for Steps
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 14-11-2022
    
    Date: 14-11-2022
    Business: Court is busy in recording evidence in Suit No. 3113/2009 and hearing final arguments in Suit No. 6229/05. Hence, Board is discharged.
    Matter is adjd on 19.12.2022 for Steps
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 19-12-2022
    
    Date: 19-12-2022
    Business: None present.
    Matter is adjd on 06.03.2023 for Steps
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 06-03-2023
    
    Date: 06-03-2023
    Business: PO is on leave
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 28-04-2023
    
    Date: 28-04-2023
    Business: Court is on half day first session leave
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 11-07-2023
    
    Date: 11-07-2023
    Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    None present.
    Matter is adj to 26/09/2023 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 26-09-2023
    
    Date: 26-09-2023
    Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    None present.
    Matter is adj to 20/12/2023 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 20-12-2023
    
    Date: 20-12-2023
    Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    None present.
    Matter is adj to 04/03/2024 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 04-03-2024
    
    Date: 04-03-2024
    Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    None present.
    Matter is adj to 18/07/2024 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 18-07-2024
    
    Date: 18-07-2024
    Business: CORAM - H.H.J. SMT. A. V. KASTURE -(C.R.NO.59)
    None present.
    Matter is adj to 17/10/2024 for taking steps against def.No.4/necessary order.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 17-10-2024
    
    Date: 17-10-2024
    Business: None present from both the sides.
    Matter is adjd to 27.01.2025 for taking steps.
    Reason For Adjournment: court time is over
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 27-01-2025
    
    Date: 27-01-2025
    Business: CORAM - H.H.J. SHRI. R. B. PARVEKAR-(C.R.NO.59)
    None present.
    As per R and P since 2020 defendant has not taking steps for service of writ of summons on defendant No.4 this fact shows that plaintiff lost his interest in the present suit to the extend of the defendant No.4.  Hence, suit be kept for dismissal order against defendant No.4.
    Matter is adj to 11/07/2025 for dismissal order against defendant No.4.
    Next Purpose: DISMISSAL
    Next Hearing Date: 11-07-2025
    
    Date: 11-07-2025
    Business: CORAM - H.H.J. SHRI. A. K. KALE-(C.R.NO.59)
    None present.
    Matter is adj to 20/09/2025 for dismissal order.
    Next Purpose: DISMISSAL
    Next Hearing Date: 20-09-2025
    
    Date: 20-09-2025
    Business: CORAM - H.H.J. SHRI. A. K. KALE-(C.R.NO.59)
    None present.
    Matter is adj to 09/12/2025 for dismissal order.
    Next Purpose: DISMISSAL
    Next Hearing Date: 09-12-2025
    
    Date: 09-12-2025
    Business: Court Vacant
    Next Purpose: DISMISSAL
    Next Hearing Date: 07-03-2026
    
    Date: 07-03-2026
    Business: Court is vacant.
    Next Purpose: DISMISSAL
    Next Hearing Date: 04-07-2026
    
    Date: 04-07-2026
    Business: CORAM - H.H.J. SMT. P. M. KATHARE-(C.R.NO.59)
    None present.
    Matter is adj to 19/09/2026 for dismissal order.
    Next Purpose: DISMISSAL
    Next Hearing Date: 19-09-2026
    
    Date: 19-09-2026
    Business: CORAM - H.H.J. SMT. P. M. KATHARE-(C.R.NO.59)
    None present.
    Keep Back
    Second time matter called out at 5.13pm
    None present.
    The present matter is kept for dismissal order since 27.01.2025. Despite calling repeatedly no one appeared for plaintiff.  On perusal of roznama it appears that the plaintiff has failed to take effective steps to proceed with the suit. No application for adjournment placed on record. It shows that plaintiff is not interested to proceed with the matter. Hence, the matter is dismissed for want of prosecution.
    Nature Of Disposal: DISMISSED
    Disposal Date: 19-09-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 105859/2019
    Filing Date: 31-05-2019
    First Hearing Date: 06th June 2019
    Decision Date: 19th September 2026
    Court Number And Judge: 59-Court 59 ADDL SESSIONS JUDGE

    Orders

    0

    No order text is available in this record.

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