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SUIT - SHORT CAUSE CIVIL SUIT

Shahabuddin Haji Allah BuxVsShamsuddin Haji Allah Bux +2 more

CNR MHCC0100563020181-COURT 01 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 05th September 2019

TrustJury record updated 12 Sept 2026

Case Overview

Registration Number
101400/2018
Registration Date
08 Jun 2018

Advocates

1

For Respondent

    Not available

    Parties

    4

    Acts & Sections

    1
    Hindu Marriage Act · Sec 34 · 37

    Case History / Proceedings

    Case History
    Date: 21-06-2018
    Business: Adv.Mr. Hegde for plff. present.
    Matter adjd. to 31.07.2018  for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 31-07-2018
    
    Date: 31-07-2018
    Business: Adv. Mr. Hegde for the Plaintiff present.
    Adv. Mr. Piyank Shukla for Defendant no. 4 present.
    Vakalatnama of the plff. t.o.r.
    Application filed by the plff for extension of time to serve writ of summons and N/M. t.o.r. Application is allowed.
    Court is busy in settlement matter no. 1222/15 and other matters on board. Hence, matter is adjd. to 14.09.2018.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 14-09-2018
    
    Date: 14-09-2018
    Business: Adv. Mr. Hegde  for the Plaintiff present.
    Adv. Mr. Piyank Shukla for Defendant nos. 2 to 4 present.
    Adv for deft nos. 2 to 4 waived the service of writ of summons to deft nos. 2 and 3.
    Vakalatnama tendered by deft nos.2 to 4. t.o.r. O-filed.
    Written Statement tendered by deft nos. 3 and 4. t.o.r. O-filed.
    Adv for deft nos. 3 and 4 has submitted that W.S of deft nos. 3 and 4 be treated as reply to N/M no. 2292/18.
    It is submitted by adv for the plff that before the service of writ of summons to deft no. 1 is expired on 9.08.2018.
    Draft Chamber Summons alongwith affidavit in support taken out by the plaintiff for brining on record legal heirs of deceased deft no.1 t.o.r. It appears that deft no. 1 expired on 9.08.2018 and the plff has taken out this Ch/s within the period of 90 days from the death of deft no. 1. Thus, Ch/s is within limitation. Hence, draft Ch/s is made absolute in terms of prayer clause (a). The plff is directed to carry out amendment as per the schedule annexed to affidavit in support of Ch/s. Further the plff is directed to place on record amended copy of the suit plaint and furnish amended copy of the suit plaint to deft nos. 2 to 4. After amendment, issue writ of summons to added deft nos. 1a to 1e. Accordingly draft Ch/s stands disposed of and it be registered for statistical purpose.
    Matter is adjd. to 19.11.2018 for compliance by the plff/ W.S and reply by deft no. 2
    Next Purpose: COMPLIANCE
    Next Hearing Date: 19-11-2018
    
    Date: 19-11-2018
    Business: Adv. Hegde for the Plaintiff present.
    Advocate for Deft no.2 to 4 absent.
    Deft no.1 (a) present.
    Deft no.2 to 4 present.
    Writ of summons tendered by the pltff t.o.r
    Deft no.1(d) and 1(e) present.
    Awaiting report of Deft No.1(b) and 1(c).
    Register N/M no.2292/18 @ affidavit of Support tendered by the pltff t.o.r.
    Matter is adjd. to 03.01.2019 for Reply to NM by the deft no.1(a),1(d),1(e)/W/st by deft no.1(a),1(d),1(e)/awaiting report of 1(b) and 1(c).
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 03-01-2019
    
    Date: 03-01-2019
    Business: Adv. Mr. J. S. Hegde for the Plaintiff present.
    Adv. Mr. Pathak for Defendant no. 2 and 3 present and he filed Vakalatnama on behalf of deft no. 2 and 3. t.o.r. O-filed.
    Deft nos. 1a to 1e in person present.
    Affidavit of service of deft nos. 1b and 1c tendered by the plff. t.o.r. Service is completed.
    Deft no. 4 and an advocate absent.
    Adv for deft no. 2 and 3 has given undertaking that he will file Vakalatnama on behalf of deft no. 1a to 1e on next date.
    Matter is adjd. to 11.02.2019 for reply to N/M by deft nos. 1a to 1e or passing no reply order/ N/M hearing/ passing no W.S order against deft nos. 1a to 1e.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 11-02-2019
    
    Date: 11-02-2019
    Business: Adv. Mr. Mir for the Plaintiff present.
    Adv. Mr. Vishal Dubey for Defendant nos. 1a, 1c, 1d, 1e present.
    Vakalatnama tendered by deft nos. 1a, 1c, 1d, 1e. t.o.r. O-filed.
    None present for defendant no. 1b, 2, 3 and 4
    Matter is adjd. to 19.06.2019.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 19-06-2019
    
    Date: 19-06-2019
    Business: Adv. MSA Mir for plaintiff present.
    Adv. Pathak for deft. nos. 2 and 3 present.
    Defendant nos. 1a to 1e failed to file their written statement and hence matter to proceed without written statement of defendant nos. 1a to 1e.
    Defendant nos. 1a to 1e failed to file reply to NM.  NM to proceed without reply of defendant nos. 1a to 1e.
    Adjourned for NM hearing to 16.7.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-07-2019
    
    Date: 16-07-2019
    Business: Adv. Hegde for plaintiff present.
    Adv. Ramesh Kamble for deft. nos. 2 and 3 present.
    The Ld. counsel for the plaintiff seeks time.
    Adjourned for NM hearing to 5.9.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-09-2019
    
    Date: 05-09-2019
    Business: Plaintiff present
    Adv. Hegade for plaintiff present.
    Adv. Kamble for defendant no. 2 to 4 present.
    Plaintiff filed pusis. Plaintiff submitted that wants the withdraw the suit and NM no. 2292/18.
    Order below Ex-8.
    Read pursis Ex-8. Verified from the Plaintiff about the contents in the pursis. Plaintiff submitted that he wish to withdraw the suit. Hence, it is expedient to pass following order.
    Order
    1. Suit is disposed of as withdrawn.
    2. No order as costs.
    3. Court fees be refunded as per rules.
    4. NM no. 2292/18 is also disposed of accordingly
    Nature Of Disposal: WITHDRAWL
    Disposal Date: 05-09-2019

    Additional Case Details

    Additional Case Details
    Filing Number: 106177/2018
    Filing Date: 25-04-2018
    First Hearing Date: 21st June 2018
    Decision Date: 05th September 2019
    Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    05 Sept 2019

    Order Details: Other Pdf Text: Noting : 05/09/2019 1 C. R. No. 01 05/09/2019 Sr. no. 1 SU-7393/06 Ex.34 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Ld. advocate Mr.Anil Mishra for defendant no.2 present Ld. advocate Ms. Beerta Bajwa for the plaintiff present Application for adjournment on which following order is passed:- ORDER Read application. Considering the reason mentioned, adjournment is granted but cannot be extended for a month. Matter stands adjn. for the argument to 26.09.19…

    Read Full Order
    Order 1Full order available
    05 Sept 2019

    Order Details: Other Pdf Text: Noting : 05/09/2019 1 C. R. No. 01 05/09/2019 Sr. no. 1 SU-7393/06 Ex.34 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Ld. advocate Mr.Anil Mishra for defendant no.2 present Ld. advocate Ms. Beerta Bajwa for the plaintiff present Application for adjournment on which following order is passed:- ORDER Read application. Considering the reason mentioned, adjournment is granted but cannot be extended for a month. Matter stands adjn. for the argument to 26.09.19…

    Read Full Order

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