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SUIT - SHORT CAUSE CIVIL SUIT

Mahmmod Jan Mohd. MerchantVsMohd. Hanif Ismail Shaikh

CNR MHCC01005543201965-COURT 65 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 13th August 2024

TrustJury record updated 20 Sept 2026

Case Overview

Registration Number
102774/2019
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 10/03/2020 for writ of summons.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 10-03-2020
    
    Date: 10-03-2020
    Business: Matter wrongly posted on 10/03/2020, the holiday on A/C of Holi.  Hence, matter taken on board of 11/03/2020.
    Matter is called out at 11.09am
    Brother of plaintiff 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: 10-11-2020
    
    Date: 10-11-2020
    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: 10-02-2021
    
    Date: 10-02-2021
    Business: None for plaintiff.
    None for defendants.
    Adjd to 09.06.2021 for service of writ of summon.
    Next Purpose: SERVICE
    Next Hearing Date: 09-06-2021
    
    Date: 09-06-2021
    Business: Nobody present.
    Due to COVID-19 pandemic, matter is adjourned.
    Adjd for service to 03/08/2021
    Next Purpose: SERVICE
    Next Hearing Date: 03-08-2021
    
    Date: 03-08-2021
    Business: Nobody present.
    Due to covid-19 pandemic, matter is adjourned.
    Adjd for service to 06/10/2021
    Next Purpose: SERVICE
    Next Hearing Date: 06-10-2021
    
    Date: 06-10-2021
    Business: Adv. Ashish Bhandari for plaintiff present.
    Plaintiff to file the affidavit of service on next date.
    Adjd for affidavit of service to 26/11/2021
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 26-11-2021
    
    Date: 26-11-2021
    Business: Power of Attorney holder of plaintiff present and stated that his brothers who are party in suit as plaintiffs have expired.
    Plaintiff Not  filed affidavit of service of writ of summons to defendants.
    Adjd for filing affidavit of service as last chance to 28/02/2022
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 28-02-2022
    
    Date: 28-02-2022
    Business: At 11.35 am
    None present when called.
    Adjd for affidavit of service to 17/06/2022
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 17-06-2022
    
    Date: 17-06-2022
    Business: Adv. Ashish Bhandari for plaintiff present.
    None for defendant.
    Matter is adjd.to 18-08-2022 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 18-08-2022
    
    Date: 18-08-2022
    Business: C.A. of plaintiff present.
    None for defendant
    Matter is adjd.to  17-09-2022 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 17-09-2022
    
    Date: 17-09-2022
    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 writ of summons with bailiff report t.o.r. marked as Exh.5
    He also filed application for issuance of fresh writ of summons on the address mentioned in the application t.o.r. marked as Exh.6 - allowed as prayed.
    Plaintiff is directed to issue fresh writ of summons to defendant on the  address mentioned in the application Exh. 6
    None for defendant
    Matter is adjd.to 01-12-2022 for writ of summons.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 01-12-2022
    
    Date: 01-12-2022
    Business: CORAM H.H.J.SHRI.R.R.BHAGWAT (C.R.NO.66)
    None for plaintiff.
    None for defendant.
    Matter is adjd.to 15-02-2023 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 15-02-2023
    
    Date: 15-02-2023
    Business: CA of plaintiff present.
    None for defendant
    Matter is adjd.to 19-04-2023 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 19-04-2023
    
    Date: 19-04-2023
    Business: Adv. Ashish Bhandari for plaintiff present and filed   fresh original writ of summons with bailiff report   t.o.r. marked as Exh.7
     None for defendant
    Matter is adjd.to  25-07-2023 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 25-07-2023
    
    Date: 25-07-2023
    Business: None for plaintiff present.
    None for defendant present.
    Matter adjourned for steps to 19/10/2023.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 19-10-2023
    
    Date: 19-10-2023
    Business: None For plaintiff present.
    None For defendant present.
    Matter adjourned for steps to 23/01/2024.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 23-01-2024
    
    Date: 23-01-2024
    Business: None for Plaintiff present.
    None for defendant present.
    Matter stands adjourned on 15/04/2024 for steps/dismissal order.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 15-04-2024
    
    Date: 15-04-2024
    Business: None for Plaintiff present.
    None for defendant present.
    Matter stands adjourned on 25.07.2024 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 25-07-2024
    
    Date: 25-07-2024
    Business: Due to heavy rain there is request from BAR Association that not to pass any adverse orders.
    Plaintiff and his Adv. are absent when called.
    None for defendant present.
    Plaintiff and his Adv. are absent since last one year. They are absent on 25/07/2023, 19/10/2023, 23/01/2024, 15/04/2024 matter is already posted for dismissal order. Matter is adjourned for dismissal order.
    Matter stands adjourned on 13/08/2024 for dismissal order.
    Next Purpose: DISMISSAL
    Next Hearing Date: 13-08-2024
    
    Date: 13-08-2024
    Business: None for plaintiff present.
    None for defendant present.
    Keep Back.
    Later on.
    Adv. Ashish Bhandari for plaintiff present and filed application for adjournment. O-application rejected. Taken on record and marked as Exhibit-8.
    None for defendant present.
    Keep Back.
    Later on.
    Adv. for plaintiff present and filed pursis for withdrawal of suit. Taken on record and marked as Exhibit-9.
    None for defendant present.
    Pursis verified.
    I have verified contents of pursis from CA of plaintiff in presence of his Advocate. In the circumstances the plaintiff is permitted to withdraw the suit.
    The suit is disposed of as withdrawn and for want of prosecution. Accordingly orders are passed below Exhibit-1.
     ORDER BELOW EXHIBIT-1
    1. The suit is disposed of as withdraw and for want of prosecution in terms of the pursis Exhibit-9.
    2. Parties to bear their own cost.
    3. Court fees refunded to the plaintiff as per rules.
    4. Proceeding of Suit No.2774/2019  is closed.
    Proceeding of Suit No.2774/2019 is closed as suit is withdrawn and for want of prosecution.
    Nature Of Disposal: WITHDRAWL
    Disposal Date: 13-08-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 105949/2019
    Filing Date: 04-06-2019
    First Hearing Date: 14th November 2019
    Decision Date: 13th August 2024
    Court Number And Judge: 65-COURT 65 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    13 Aug 2024

    Order Details: Other Pdf Text: Daily Status IN THE COURT OF :COURT 65 ADDL SESSIONS JUDGE Case No. :SUIT/0102774/2019 Mahmmod Jan Mohd. Merchant Vs Mohd. Hanif Ismail Shaikh Date : 13-08-2024 Business : None for plaintiff present. None for defendant present. Keep Back. Later on. Adv. Ashish Bhandari for plaintiff present and filed application for adjournment. O-application rejected. Taken on record and marked as Exhibit-8. None for defendant present. Keep Back. Later on. Adv. for plaintiff present and filed pursis…

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