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SUIT - SHORT CAUSE CIVIL SUIT

Ammar Asgerali Pardawala +3 moreVsMr. Mohammed Shafique Tacqueer Khan

CNR MHCC0100570220193-COURT 03 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 30th April 2026

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
102019/2019
Registration Date
11 Jul 2019

Advocates

1

For Respondent

    Not available

    Parties

    5

    Acts & Sections

    1
    Hindu Marriage Act · Sec 34 and 35

    Case History / Proceedings

    Case History
    Date: 01-08-2019
    Business: Adv. Aniket Warlikar for plaintiff present.
    Issue writ of summons.
    Matter stands Adj for service to 26.09.19.
    Next Purpose: SERVICE
    Next Hearing Date: 26-09-2019
    
    Date: 26-09-2019
    Business: Adv. Niti Panchasara for plaintiff present and filed original writ of summons.
    None present for defendant.
    Matter stands Adj for appearance of defendant to 21.11.19.
    Next Purpose: FOR APPERANCE
    Next Hearing Date: 21-11-2019
    
    Date: 21-11-2019
    Business: Adv. Sanjay Rego for plaintiff present.
    Matter stands Adj for appearance to 24.01.2020.
    Next Purpose: FOR APPERANCE
    Next Hearing Date: 24-01-2020
    
    Date: 24-01-2020
    Business: Adv. Sanjay Rego for plaintiff present.
    None present for defendant.
    Heard counsel for plaintiff and perused the writ of summons alongwith report of bailiff.
    Ld Counsel sought time to file affidavit of service. Time granted.
    Matter stands Adj for filing affidavit of service to 16.03.2020.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 16-03-2020
    
    Date: 16-03-2020
    Business: None present for plaintiff and defendant.
    Affidavit of service not filed.
    Matter stands Adj for Affidavit of service to 24.06.2020.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 24-06-2020
    
    Date: 24-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 09-09-2020
    
    Date: 09-09-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 03-11-2020
    
    Date: 03-11-2020
    Business: Court is on leave
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 07-01-2021
    
    Date: 07-01-2021
    Business: Advocate Sanjay Rego I/b Deven Dwarkadas and Partners for Plaintiff present and sought time to tender affidavit of service.
    None for Defendant.
    The case is adjourned to 09.02.2021 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 09-02-2021
    
    Date: 09-02-2021
    Business: Advocate Ms.Tanvi Parmar i/b Deven Dwarkadas and Partners for plaintiff present and seeks time to tender affidavit of service.
    Ample time is already granted. Time is granted as last opportunity.
    The case is adjourned to 15.04.2021 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 15-04-2021
    
    Date: 15-04-2021
    Business: Declared holiday as per Office Order 79 of 2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 03-07-2021
    
    Date: 03-07-2021
    Business: In view of office order No. 120/2021 dtd. 04.06.2021  of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dtd. 16.04.2021 issued by Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases and the views of stakeholders, the matter is adjourned.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 06-09-2021
    
    Date: 06-09-2021
    Business: None present
    Matter stands adjourned to 15.11.2021 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 15-11-2021
    
    Date: 15-11-2021
    Business: Adv. Aakash Upadhyay for petitioner present.
    None present for defendant.
    As Court is busy in hearing in 40 year old Suit No. 7423/80.
    Matter stands adjourned to 03.01.2022 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 03-01-2022
    
    Date: 03-01-2022
    Business: Matter called out at 11.55 a.m.
    Adv. Dhiraj Chavan I/b Deven Dwarkadas for plaintiff present.  He is seeking time to file service affidavit. Time granted.
    None present for defendant.
    Matter stands adjourned to 07.02.2022 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 07-02-2022
    
    Date: 07-02-2022
    Business: As per office order no.27 of 2022 dated 06.02.2022, holiday declared to mourn the sad demise of veteran singer Bharat Ratna Lata Mangeshkar.  Hence, board discharged.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 15-03-2022
    
    Date: 15-03-2022
    Business: None present.
    Matter stands adjourned to 10.06.2022 for affidavit service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 10-06-2022
    
    Date: 10-06-2022
    Business: Adv. Dhiraj Chavan for plaintiff present.
    None present for defendant.
    Kept back.
    Later on mentioned at 1.25 p.m.
    Adv. Dhiraj Chavan for plaintiff present.  He tendered application for reissuance of writ of summons. TOR. Exh.6.
    O-Allowed.
    Matter stands adjourned to 28.07.2022 for writ of summons.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 28-07-2022
    
    Date: 28-07-2022
    Business: Adv. Sagar Pillai for plaintiff present. He is seeking permission for re-issue of writ of summons.
    O-Granted.
    None present for defendant.
    Matter stands adjourned to 27.09.2022 for writ of summons.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 27-09-2022
    
    Date: 27-09-2022
    Business: Adv. Dhiraj Chavan for plaintiff present. He is seeking time. Time granted.
    None present for defendant.
    Matter stands adjourned to 01.12.2022 for writ of summons.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 01-12-2022
    
    Date: 01-12-2022
    Business: Adv. Sagar Pillai a/w Adv. Disha Mehta for plaintiff present. He tendered bailiff report. TOR. Exh.07. Report shows that defendants have left the premises.
    He tendered application for substitute service. TOR. Exh.08.
    Considering the report of bailiff (Exh.07), substitute service allowed.
    None present for defendant.
    Matter stands adjourned to 03.01.2023 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 03-01-2023
    
    Date: 03-01-2023
    Business: Adv. Sagar Pillai for plaintiff present and requested short time to file affidavit of service.
    Matter stands adjourned for service affidavit to 04.02.2023.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 04-02-2023
    
    Date: 04-02-2023
    Business: Adv. Sagar Pillai for plaintiff present. He is seeking time. Time granted.
    None for defendant.
    Matter stands adjourned on 05.04.2023 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 05-04-2023
    
    Date: 05-04-2023
    Business: None present.
    Matter stands adjourned on 15.07.2023 for affidavit of sevice.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 15-07-2023
    
    Date: 15-07-2023
    Business: Court is on Leave.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 26-09-2023
    
    Date: 26-09-2023
    Business: None for Plaintiff present.
    None for defendant present.
    Matter stands adjourned on 29-11-2023 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 29-11-2023
    
    Date: 29-11-2023
    
    Date: 18-01-2024
    Business: Both parties absent.
    Plaintiff is absent, affidavit of service not filed since 03.01.2023. Suit is more than 4 years old till date plaintiff failed to serve defendant, hence put up for dismissal order.
    Matter stands adjourned on 10-04-2024 for dismissal order.
    Next Purpose: DISMISSAL
    Next Hearing Date: 10-04-2024
    
    Date: 10-04-2024
    Business: None present.
    Plaintiff is absent, failed to take steps. Matter be kept for dismissal order.
    Matter stands adjourned on  25-06-2024 for dismissal order.
    Next Purpose: DISMISSAL
    Next Hearing Date: 25-06-2024
    
    Date: 25-06-2024
    Business: None for Plaintiff.
    None for defendant.
    Matter stands adjourned on 30.08.2024 for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 25-07-2024
    
    Date: 25-07-2024
    Business: Not on Board. Taken on Board.
    None for Plaintiff present.
    None for defendant present.
    Matter referred to Lokadalat on 27.07.2024, keep the parties present
    on that day.
    Matter stands adjourned on  27.07.2024 for Lokadalat.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 27-07-2024
    
    Date: 27-07-2024
    Business: Matter pertains to Court Room No.03
    None present for plaintiff.
    None present for defendant.
    Matter not settled.
    Matter be posted to 20/08/2024 for same stage from which matter was referred to lok-adalat.
    Adv. Ms. Harshita Nag                    H.H.J. Dr. Shri. S. D. Tawshikar
         Panel Member                                             Panel Head
    Next Purpose: DISMISSAL
    Next Hearing Date: 20-08-2024
    
    Date: 20-08-2024
    Business: None for Plaintiff present.
    None for defendant present.
    Matter stands adjourned on 21-11-2024 for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 21-11-2024
    
    Date: 21-11-2024
    Business: In Morning Session P. O. is on leave.
    Next Purpose: DISMISSAL
    Next Hearing Date: 05-12-2024
    
    Date: 05-12-2024
    Business: Not on Board. Taken on Board.
    Matter referred to Lok-adalat on 14.12.2024, keep the parties present on that day.
    O- Issue notice to both parties.
    Matter stands adjourned on 14.12.2024 for Lok-adalat.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 14-12-2024
    
    Date: 14-12-2024
    Business: NATIONAL LOK-ADALAT HELD ON 14/12/2024 (PANEL-07)
    CORAM : H.H. JUDGE SHRI. S. H. GWALANI
    None present for plaintiff.
    None present for defendant.
    Therefore, matter is not settled.
    Matter is adjourned to 21.01.2025.
             HHJ. Shri. S. H. Gwalani                           Adv. Shilpa R. Sharma
                  HEAD OF PANEL                                       PANEL MEMBER
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 21-01-2025
    
    Date: 21-01-2025
    Business: CORAM - H.H.J. SMT. A. B. SHARMA (CR. 03)
    Adv. Jagruti Bhave i/b Deven Dwarkadas and Partners for Plaintiff present.
    None for defendant present.
    Settlement talk is going on between the parties.
    Matter stands adjourned on 24-02-2025 for C.T.
    Next Purpose: CONSENT TERM
    Next Hearing Date: 24-02-2025
    
    Date: 24-02-2025
    Business: P.O. is on Leave.
    Next Purpose: CONSENT TERM
    Next Hearing Date: 15-03-2025
    
    Date: 15-03-2025
    Business: CORAM - H.H.J. SMT. A. B. SHARMA (CR. 03)
    None for Plaintiff present.
    None for defendant present.
    Matter stands adjourned on 10.06.2025 for consent term.
    Next Purpose: CONSENT TERM
    Next Hearing Date: 10-06-2025
    
    Date: 10-06-2025
    Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH (CR. 03)
    None present.
    The plaintiff failed to file affidavit of service of writ of summons, hence kept for dismissal order to be passed on next date for want of prosecution.
    Matter stands adjourned on 25-09-2025 for dismissal order.
    Next Purpose: DISMISSAL
    Next Hearing Date: 25-09-2025
    
    Date: 25-09-2025
    Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
    None present.
    In view of report at Exh. 5 the suit is proceeded ex-parte against the defendant. Therefore, the plaintiff is directed to lead evidence if any and also to produce document in respect of property described at Exh.B to the plaint.
    Matter stands adjourned to 18-02-2026 for dismissal/evidence.
    Next Purpose: DISMISSAL
    Next Hearing Date: 09-02-2026
    
    Date: 09-02-2026
    Business: CORAM - H.H.J. SHRI S.M. BUKKE (CR. 03)
    NOB-TOB.
    O - Issue Notice to both parties. Matter kept in Lok-adalat.
    Matter stands adjourned on 14.03.2026 for  Lok-adalat.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 14-03-2026
    
    Date: 14-03-2026
    Business: Matter pertaining to C.R. No.03
    None present for the plaintiff.
    None present for defendant.
    Matter not settled.
    Matter adjourned to 08.04.2026.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 08-04-2026
    
    Date: 08-04-2026
    Business: CORAM - H.H.J. SHRI. S. M. BUKKE (CR. 03)
    None present since long.
    The suit is fixed for dismissal order since 10.06.2025. It is suit of 2019. Frequently adjourned under the pretext of settlement. It be fixed for dismissal order.
     O - Issue notice to plaintiff on Court Motion.
    Matter stands adjourned for dismissal order to 30-04-2026.
    Next Purpose: DISMISSAL
    Next Hearing Date: 30-04-2026
    
    Date: 30-04-2026
    Business: CORAM - H.H.J. SHRI. S. M. BUKKE (CR. 03)
    None present.
    When called repeatedly neither plaintiff nor his advocate present till 12.25 PM.
    The suit is instituted on 11.06.2019 for declaration and perpetual injunction. Plaintiff and his advocate is absent since 15.03.2025.  No steps taken since then.  The matter was fixed for dismissal order on 10.06.2025. The suit proceed ex-parte and fixed for evidence. Plaintiff has not adduced evidence. Therefore the suit was fixed for dismissal order. However, the plaintiff has not taken any steps today also none present for plaintiff. After 7  years the suit is pending for evidence/steps. It is pending since last more than 7 years. There is no progress in suit, no purpose will serve by keeping the matter pending without any progress. The conduct of plaintiff shows that he lost interest in the litigation. The plaintiff is not interested in prosecuting the suit. Hence the Suit  No. 2019 of 2019 is dismissed for want of prosecution and necessary steps. No order as to costs. Notice of Motion, Chamber Summons if any, disposed of as infructuous.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 30-04-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 106171/2019
    Filing Date: 11-06-2019
    First Hearing Date: 01st August 2019
    Decision Date: 30th April 2026
    Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    30 Apr 2026

    Order Details: Other Pdf Text: Noting 1 C.R. No.03 Daily Status IN THE COURT OF :COURT 03 ADDL SESSIONS JUDGE Case No. :SUIT/0102019/2019 Ammar Asgerali Pardawala Vs Mr. Mohammed Shafique Tacqueer Khan Date : 30-04-2026 Business : CORAM - H.H.J. SHRI. S. M. BUKKE (CR. 03) None present. When called repeatedly neither plaintiff nor his advocate present till 12.25 PM. The suit is instituted on 11.06.2019 for declaration and perpetual injunction. Plaintiff and his advocate is absent since 15.03.2025. No…

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