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SUIT - SHORT CAUSE CIVIL SUIT

Mohammed Ali Jan Mohd. MerchantVsMohd. Hanif Ismail Shaikh

CNR MHCC01005517201965-COURT 65 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 05th July 2025

TrustJury record updated 20 Sept 2026

Case Overview

Registration Number
102772/2019
Registration Date
17 Oct 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec Order 37 · Rule 2

    Case History / Proceedings

    Case History
    Date: 14-11-2019
    Business: P.O. is on Leave
    Next Purpose: DIRECTIONS
    Next Hearing Date: 26-11-2019
    
    Date: 26-11-2019
    Business: Moved by preceipe.
    Adv.Ashish Bhandari for plaintiff present requested extension of time for writ of summons. O-Granted.
    Matter is already adj to 03/01/2020 for writ of summons.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 03-01-2020
    
    Date: 03-01-2020
    Business: Court is busy in recording of evidence of Suit No.9803 of 1991
    Plaintiff present.
    Adv.Ashish Bhandari for plaintiff present.
    Matter is adj to 11/03/2020 for writ of summons.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 11-03-2020
    
    Date: 11-03-2020
    Business: Matter is called out at 11.09am
    Plaintiff in person present.
    Matter is adj to 18/06/2020 for writ of summons.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 18-06-2020
    
    Date: 18-06-2020
    Business: Case is adjd. in view of declaration of Noval Corona Virus (COVID  -19).
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 08-09-2020
    
    Date: 08-09-2020
    Business: Case is adjd. in view of declaration of Noval Corona Virus (COVID -19).
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 10-10-2020
    
    Date: 10-10-2020
    Business: Wrongly on board hence adjd
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 12-10-2020
    
    Date: 12-10-2020
    Business: In view of the Standard Operating Procedure laid down by Hon''ble Bombay High Court vide circulars dtd. 03.06.2020, 05.09.2020, 10.09.2020 in the wake of spread of COVID-19 pandemic the matter is adjourned owing to absence of the  parties.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 07-01-2021
    
    Date: 07-01-2021
    Business: Pursuant to office order No. 166/2020 dtd. 27.11.2020 of Hon''ble Principal Judge City Civil and Sessions Court, Greater Bombay in view of standard operating procedure (SOP) dtd. 27.11.2020 of Hon''ble Bombay High Court, after taking into account the present situation of COVID-19 pandemic, the matter is adjourned owing to absence of the parties.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 15-04-2021
    
    Date: 15-04-2021
    Business: Declared as holiday.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 19-07-2021
    
    Date: 19-07-2021
    Business: Nobody present.
    Due to COVID-19 pandemic, matter is adjourned.
    Adjd for writ of summons to 16/09/2021
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 16-09-2021
    
    Date: 16-09-2021
    Business: Adv. Ashish Bhandari  For plaintiff present.
    Adv. For plaintiff tendered original writ of summons. t.o.r.
    Adjd for service to 03/12/2021
    Next Purpose: SERVICE
    Next Hearing Date: 03-12-2021
    
    Date: 03-12-2021
    Business: Dt.03/12/2021
    Suit 2772/19
    IN THE COURT OF H.H.J. SMT. S. S. NAGUR JUDGE CITY CIVIL COURT C.R. NO. 04
    None present when called at 11.28 am
    Adjd for service to 02/03/2022
    Next Purpose: SERVICE
    Next Hearing Date: 02-03-2022
    
    Date: 02-03-2022
    Business: None present.
    Adjd for service to 15/06/2022
    Next Purpose: SERVICE
    Next Hearing Date: 15-06-2022
    
    Date: 15-06-2022
    Business: Plaintiff in person present.
    None for defendant
    On perusal of bailiff report dtd. 21-12-2019 on writ of summons, it appears that the defendant did not serve on the address mentioned in the plaint.  The plaintiff has not taken any steps for effecting service upon the defendant. Hence, plaintiff is directed to take steps.
    Matter is adjd.to  10-08-2022 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 10-08-2022
    
    Date: 10-08-2022
    Business: Exh.01 Plaint
    Exh.02 Vakalatnama
    Exh.03 Memorandum of address
    Exh.04 List of documents.
    Adv. Ashish Bhandari for plaintiff present and filed application for issuance of fresh writ of summons t.o.r. marked as Exh.5 - allowed as prayed. Plaintiff is directed to issue fresh writ of summons to defendant on the address mentioned in the application.
    Time is extended for service of writ of summons.
    None for defendant
    Matter is adjd.to 20-10-2022 for writ of summons.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 20-10-2022
    
    Date: 20-10-2022
    Business: None for plaintiff.
    None for defendant
    Matter is adjd.to 10-01-2023 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 10-01-2023
    
    Date: 10-01-2023
    Business: Plaintiff in person present.
    None for defendants
    Matter is adjd.to  14-03-2023 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 14-03-2023
    
    Date: 14-03-2023
    Business: Adv. Ashish Bhandari a/w plaintiff  present and filed fresh original writ of summons with bailiff report t.o.r. marked as Exh.6
    None for defendant
    Matter is adjd.to  15-06-2023 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 15-06-2023
    
    Date: 15-06-2023
    Business: None for plaintiff.
    None for defendant.
    Matter adjourned for steps to 25/09/2023.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 25-09-2023
    
    Date: 25-09-2023
    Business: None  For plaintiff present.
    None For defendant present.
    Matter adjourned for steps to 21/12/2023.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 21-12-2023
    
    Date: 21-12-2023
    Business: None For plaintiff present.
    None For defendant present.
    Matter adjourned for steps to 25/03/2024.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 25-03-2024
    
    Date: 25-03-2024
    Business: Matter is kept on 26.03.2024
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 26-03-2024
    
    Date: 26-03-2024
    Business: None for Plaintiff present.
    None for defendant present.
    Matter stands adjourned on 15.07.2024 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 15-07-2024
    
    Date: 15-07-2024
    Business: None for plaintiff present.
    None for defendant present.
    Matter is adjourned for taking steps.
    Matter stands adjourned on 14/10/2024 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 09-09-2024
    
    Date: 09-09-2024
    Business: Not On Board, Taken On Board
    There is element of settlement of dispute between parties.
    Hence, matter is kept in Lok-Adalat scheduled on 28.09.2024.
    Accordingly, issue notice to all parties to suit.
    Matter stands adjourned on 28.09.2024 for Lok-Adalat.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 28-09-2024
    
    Date: 28-09-2024
    Business: Matter pertains to C.R. No. 65
    None present for Plaintiff
    None present for defendant.
    Matter adjd to 14.10.2024.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 14-10-2024
    
    Date: 14-10-2024
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 30-11-2024
    
    Date: 30-11-2024
    Business: None for plaintiff present.
    None for defendant present.
    Matter adjourned for taking steps.
    Matter stands adjourned on 14/02/2025 for taking steps.
    Later on.
    Adv. Ashish Bhandari for plaintiff present.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 14-02-2025
    
    Date: 14-02-2025
    Business: Adv. Ashish Bhandari for plaintiff present and prayed for grant of adjournment. Adjournment granted.
    None for defendant present.
    Matter stands adjourned on 05/04/2025 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 05-04-2025
    
    Date: 05-04-2025
    Business: Adv. Ashish Bhandari for plaintiff present and seeks time for taking steps. Time granted.
    None for defendant present.
    Matter stands adjourned on 05/07/2025 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 05-07-2025
    
    Date: 05-07-2025
    Business: None for plaintiff present.
    None for defendant present.
    It appears from the bailiff report dated 06/01/2023 filed with fresh original writ of summons at Exhibit-6 that defendant could not be served with the writ of summons on the fresh address also as it revels from inquiry that he had left the said address 5 years back. The plaintiff  has not taken any steps for effecting substituted service of writ of summons and none has appended the hearing of the suit for the plaintiff since 15/06/2023. The matter has been left  till 28/09/2024. Learned Adv. for plaintiff appeared on 30/11/2024 and sought time for taking steps and has been taking time for taking steps on every further date of hearing. Today none is present for the plaintiff and no steps are taken despite of availing more than sufficient time and opportunities. No reasonable and satisfactory grounds exist for keeping this suit pending without any progress. Hence, suit No.2772/2019 stands dismissed for default and for want of prosecution.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 05-07-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 105945/2019
    Filing Date: 04-06-2019
    First Hearing Date: 14th November 2019
    Decision Date: 05th July 2025
    Court Number And Judge: 65-COURT 65 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    05 Jul 2025

    Order Details: Other Pdf Text: Daily Status IN THE COURT OF :COURT 65 ADDL SESSIONS JUDGE Case No. :SUIT/0102772/2019 Mohammed Ali Jan Mohd. Merchant Vs Mohd. Hanif Ismail Shaikh Date : 05-07-2025 Business : None for plaintiff present. None for defendant present. It appears from the bailiff report dated 06/01/2023 filed with fresh original writ of summons at Exhibit-6 that defendant could not be served with the writ of summons on the fresh address also as it revels from inquiry…

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