SUIT - SHORT CAUSE CIVIL SUIT
Mohammed Jafer Mohammed Hanifshaikh +1 moreVsFaiyaz Ahmed Azmatullah Shaikh +2 more
CNR MHCC01005409202063-COURT 63 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 10th November 2025
TrustJury record updated 30 Sept 2026
Case Overview
- Registration Number
- 101460/2020
- Registration Date
- 18 Dec 2020
Advocates
1For Petitioner
For Respondent
Not available
Parties
5Acts & Sections
1Specific Relief Act · Sec 34 · 37
Case History / Proceedings
Case History
Date: 18-12-2020
Business: Adv. I. A. Khan for plaintiff present.
Matter is adj to. 19-12-2020 for Steps
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-12-2020
Date: 19-12-2020
Business: Adv. I. A. Khan for plaintiff present.
Heard Adv. for plaintiff. Issue suit summons to the defendants.
Adv. for plaintiff tendered Notice of Motion. O - Leave granted to register Notice of Motion.
Matter is adj on 16.01.2021 for direction.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DIRECTIONS
Next Hearing Date: 16-01-2021
Date: 16-01-2021
Business: Adv I.A.Khan for plaintiff present. He filed register N.M. 12 of 21 along with affidavit in support. t.o.r.
He also filed writ of summons along with affidavit of service. As per the bailiff report defendant no.2 and 3 received the plaint and acknowledged the same.
Defendant no.1 was not found. Son of defendant no.1 declined to accept the service. Writ of summons along with affidavit is t.o.r. marked Exh-2.
K.B. L.O.
Adv for plaintiff filed affidavit of service on defendant no.1 by RPAD with the return envelop. Affidavit is marked Exh-3
Adv Jyoti singh filed V/N for defendant no. 3 t.o.r. marked Exh-4.
K.B. L.O
Adv Faizal Inamdar h/f Adv I.A. Khan for plaintiff filed application for substitute service on defendant no.1. t.o.r. marked Exh-5.
Considering the endorsement of the bailiff on the summons of defendant no.1 that he is not found and his son refuse to accept service as defendant no.1 left the premises. Further, similar is endorsement on return postal envelop as per Exh-3.
Hence application Exh-5 is hereby allowed.
Plaintiff is directed to serve the summons as per order 5 rule 20(1)of CPC.
Matter adjd for N.M. hearing on 21/01/2021 for N.M. reply and hearing and also filing compliance report.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 21-01-2021
Date: 21-01-2021
Business: Adv Khan for plaintiff present.
Adv Vimlesh Singh for defendant no.3 present. He filed reply to N.M. 12/21 along with documents.
Adv for plaintiff requested adjournment for service on defendant no.1.
Matter adjd for service report and N.M. hearing on 27/01/2021.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 27-01-2021
Date: 27-01-2021
Business: Plaintiff and advocate absent.
Adv for defendant no.3 present.
Matter adjd for N.M. hearing on 15/03/2021.
L.O. Adv Wahid Shaikh for plaintiff present. He requested adjournment for service on defendant no.1.
Matter already adjd to 15/03/2021.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 15-03-2021
Date: 15-03-2021
Business: Adv. I. A. Khan for plaintiff present.
Adv. Mohammad Mukim Khan filed Vakalatnama for defendant No. 1 T.O.R. Mark as Exh.6. He request to adjournment to file reply to NM as he received the summons yesterday.
Defendant No. 1 present.
Matter is adjd. for reply to NM on 24.03.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-03-2021
Date: 24-03-2021
Business: Adv I.A. Khan for plaintiff present.
Adv M.M.Khan for defendant no.1 present
Adv Ravindra Singh for defendant no.3 present.
As per the bailiff report defendant no.2 received the notice. However absent. Hence suit is proceeded ex-parte against defendant no.2.
Adv for defendant no.1 requested adjournment for reply.
Matter adjd for reply and hearing on N.M. on 03/04/2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-04-2021
Date: 03-04-2021
Business: Court is busy in Judgment of Suit 9480/93. Hence, board discharge.
Matter Adj for NM reply on 15.04.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-04-2021
Date: 15-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-05-2021
Date: 03-05-2021
Business: Due to the break out of Covid-19 and as per office order Court is taking only urgent matters.
None present.
Matter adjd to 10/07/2021 for NM hearing.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-07-2021
Date: 10-07-2021
Business: None present for plaintiff.
None present for defendant.
Adjourned for NM reply and hearing to 12.08.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-08-2021
Date: 12-08-2021
Business: Advocate Mr. I. A. Khan for plaintiff is present.
Advocate Jyoti Singh for defendant no. 3 is present.
None present for defendant nos. 1 and 2.
It is hereby directed to the defendant nos.1 and 2 to file reply on next date. Otherwise, necessary order will be passed.
Adjourned for NM hearing to 03.09.2021.
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-09-2021
Date: 03-09-2021
Business: Advocate Mr. I. A. Khan for plaintiff is present.
None present for defendant nos. 1 and 2.
Advocate Vimalesh Singh for defendant no. 3 is present.
Already direction was given to the defendant nos. 1 and 2 to file reply on NM. Today also they failed to file reply on NM. Hence, the NM No. 12/21 proceed without reply of defendant no.1 and 2.
Adjourned for NM hearing to 18.09.2021.
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-09-2021
Date: 18-09-2021
Business: P.O. is on Leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-09-2021
Date: 23-09-2021
Business: Advocate Mr. I. A. Khan for plaintiff is present.
Advocate Vimalesh Singh for defendant no. 3 is present.
None present for defendant nos. 1 and 2. Already directions was given to them to file their say on NM. Today also they failed to file their say. Hence, NM No.12/21 proceed without reply of defendant nos. 1 and 2.
Heard arguments of advocate for plaintiff and advocate for defendant no.3 on NM No.12/21.
Advocate for defendant no. 3 filed copy of Eviction application No. 17/21. It is marked as Exh.07.
Adjourned for NM order to 08.10.2021.
Judge
Next Purpose: NM ORDERS
Next Hearing Date: 08-10-2021
Date: 08-10-2021
Business: Advocate Faizal Inamdar for plaintiff is present.
Advocate Vimlesh Singh for defendant no. 3 is present.
F.R.S.R. the following order is passed on NM No.12/2021:
ORDER
1. Notice of Motion No.12/2021 is hereby dismissed.
2. Costs in cause.
Adjourned for filing written statement to 27.10.2021.
Judge
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 27-10-2021
Date: 27-10-2021
Business: None present for plaintiff.
Advocate Jyoti Singh for defendant nos. 3 is present and requested short adjournment for filing W.S. Request is allowed subject to limitation.
Adjourned for filing W.S. subject to limitation to 21.12.2021.
L.O. at 11.51 a.m.
Advocate Ahmed Khan for plaintiff is present.
Adjourned for filing W.S. subject to limitation to 21.12.2021.
Judge
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 21-12-2021
Date: 21-12-2021
Business: None present for plaintiff.
Defendant no.3 is present.
Advocate Jyoti Singh for defendant no.3 is present and she filed pursis at Exh.08 stating that her reply of NM No.12/2021 be treated as written statement of defendant no.3. Therefore, the reply of defendant no.3 on NM No.12/2021 is marked as Exh.09. Therefore, Exh.09 is reply cum W.S. of defendant no.3.
The defendant no.1 is appeared but failed to file his written statement. Hence, this suit is proceed without W.S. against the defendant no.1.
Adjourned for draft issues to 25.03.2022.
Judge
Next Purpose: DRAFT ISSUES
Next Hearing Date: 25-03-2022
Date: 25-03-2022
Business: None present for plaintiff.
None present for defendant.
Adjourned for draft issues to 25.07.2022.
Judge
Next Purpose: DRAFT ISSUES
Next Hearing Date: 25-07-2022
Date: 25-07-2022
Business: Court is vacant.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 10-10-2022
Date: 10-10-2022
Business: Court is vacant.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 20-12-2022
Date: 20-12-2022
Business: Court is vacant.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 16-03-2023
Date: 16-03-2023
Business: Court is vacant.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 22-06-2023
Date: 22-06-2023
Business: Court is on leave for first sessions.
Adjd. to.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 22-08-2023
Date: 22-08-2023
Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
None present for plaintiff.
None present for defendant.
Matter is adjd. for draft issues to to 25.10.2023.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 25-10-2023
Date: 25-10-2023
Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
None present for plaintiff.
None present for defendant.
Matter is adjd. for draft issues to 03.01.2024.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 03-01-2024
Date: 03-01-2024
Business: CORAM : H.H.J. SHRI A. K. KALE(C.R.NO.63)
None present for plaintiff.
None present for defendant.
Matter is adjd. for draft issues to 07.03.2024.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 07-03-2024
Date: 07-03-2024
Business: CORAM : H.H.J. SHRI A. K. KALE (C.R.NO.63)
None present for plaintiff.
None present for defendant.
Matter is adjd. for draft issues to 14.06.2024.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 14-06-2024
Date: 14-06-2024
Business: CORAM : H.H.J. SHRI A. K. KALE (C.R.NO.63)
None present for plaintiff.
None present for defendant.
Matter is adjd. for draft issues to 12.08.2024.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 12-08-2024
Date: 12-08-2024
Business: CORAM : H.H.J. SHRI A. K. KALE (C.R.NO.63)
None present for plaintiff.
None present for defendant.
Matter is adjd. for draft issues to 24.10.2024.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 24-10-2024
Date: 24-10-2024
Business: None present for plaintiff.
None present for defendant.
Matter is adjd. for DRAFT ISSUES to 03.01.2025.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 03-01-2025
Date: 03-01-2025
Business: P. O. is on leave
Next Purpose: DRAFT ISSUES
Next Hearing Date: 24-03-2025
Date: 24-03-2025
Business: CORAM : H.H.J. SHRI A. K. KALE (C.R.NO.63)
None present for plaintiff.
None present for defendant.
Matter is adjd. for draft issues to 09.06.2025.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 02-05-2025
Date: 02-05-2025
Business: CORAM : H.H.J. SHRI A. K. KALE (C.R.NO.63)
NOB. TOB.
Considering the nature of suit the matter is necessary to be referred to Lok Adalat.
Matter is referred to Lok Adalat dtd.10.05.2025.
Issue notice to the parties.
Matter is adjd. for Lok Adalat to 10.05.2025.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 10-05-2025
Date: 10-05-2025
Business: Matter pertains to C.R. No. 63
None present.
Matter not settled.
Matter adjd to 31/07/2025.
Adv. Ms. Amreen Shariff HHJ. SHRI. U. C. DESHMUKH
Panel Member Panel Head
Next Purpose: FOR___________________
Next Hearing Date: 31-07-2025
Date: 31-07-2025
Business: CORAM : H.H.J. SHRI Chandrakant S. Datir (C.R.NO.63)
None present for plaintiff.
None present for defendant.
Matter is adjd. for draft issues to 06.11.2025.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 06-08-2025
Date: 06-08-2025
Business: CORAM : H.H.J. SHRI Chandrakant S. Datir (C.R.NO.63)
NOB. TOB.
Considering the nature of suit the matter is necessary to be referred to Lok Adalat.
Matter is referred to Lok Adalat dtd.13.09.2025.
Issue notice to the parties.
Matter is adjd. for Lok Adalat to 13.09.2025.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 13-09-2025
Date: 13-09-2025
Business: Matter pertains to C.R. No. 63
Both parties are absent. In absence of parties matter cannot be settled. Suit is returned to regular court.
Matter adjd to 10/11 /2025.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 10-11-2025
Date: 10-11-2025
Business: None present for plaintiff.
None present for defendant.
Kept back
Later on at 5.00 p.m.
Plaintiff and his advocate are absent when called. It appears, plaintiff is absent since long and failed to take appropriate steps in order to proceed. As plaintiff is not attending the Court, it means, he is not keenly interested to proceed. Suit is pending since 2020. It would not be appropriate to keep the suit pending unnecessary for years together. Thus, suit stands dismissed for want of prosecution and finally disposed off.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 10-11-2025Additional Case Details
Additional Case Details
Filing Number: 105898/2020 Filing Date: 02-12-2020 First Hearing Date: 18th December 2020 Decision Date: 10th November 2025 Court Number And Judge: 63-COURT 63 ADDL SESSIONS JUDGE
Orders
1Final Order 110 Nov 2025
10 Nov 2025
Order Details: Other Pdf Text: 12/11/2025, 13:08 Case History 172.16.148.30/swecourtis/kiosk/ 1/1 Back Daily Status IN THE COURT OF :COURT 63 ADDL SESSIONS JUDGE Case No. :SUIT/0101460/2020 Mohammed Jafer Mohammed Hanifshaikh Vs Faiyaz Ahmed Azmatullah Shaikh Date : 10-11-2025 Business : None present for plaintiff. None present for defendant. Kept back Later on at 5.00 p.m. Plaintiff and his advocate are absent when called. It appears, plaintiff is absent since long and failed to take appropriate steps in order to proceed. As plaintiff is not attending the Court, it means, he is not keenly interested to proceed. Suit is pending since 2020. It would not be appropriate to keep the suit pending unnecessary for years together. Thus, suit stands dismissed for want of prosecution and finally disposed off. Nature of Disposal : DISMISSED IN DEFAULT Disposal Date : 10-11-2025 COURT 63 ADDL SESSIONS JUDGE -- 1 of 1 --
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