SUIT - SHORT CAUSE CIVIL SUIT
Shri. Abdul Hasan Mallu ShaikhVsShri. Mohd. Ali Mallu Shaikh
CNR MHCC01005834201961-COURT 61 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 30th September 2025
TrustJury record updated 21 Sept 2026
Case Overview
- Registration Number
- 101500/2019
- Registration Date
- 19 Jun 2019
Advocates
2For Petitioner
For Respondent
Parties
2Petitioner
Respondent
Acts & Sections
1Hindu Marriage Act · Sec 5
Case History / Proceedings
Case History
Date: 10-07-2019 Business: None present for plaintiff. Defendant present and his advocate is absent. He submitted that he wants time to file WS. Time granted Suit is for possession and/or for partition of suit property along with the relief of perpetual injunction. Matter stands Adj for filing WS to 16.09.19. Next Purpose: WRITTEN STATEMENT Next Hearing Date: 16-09-2019 Date: 16-09-2019 Business: Plaintiff and defendant present. Adv. Pansare for defendant present. and filed VP and application for filing WS. Vakalatnama filed on behalf of defendant. R and R Application filed for filing WS. Time granted. Matter stands Adj for WS to 16.10.19. Next Purpose: WRITTEN STATEMENT Next Hearing Date: 16-10-2019 Date: 16-10-2019 Business: Adv. M.H. Shaikh for plaintiff present. Adv. Kothari for defendant present and filed VP and WS. Copy served on the plaintiff. Vakalatnama filed on behalf of defendant. TOR subject to NOC of the earlier advocate. Written Statement filed by defendant. TOR. It is submitted that matter is likely to be settled between the parties. Hence, matter referred to mediation. Matter stands Adj for Mediation report to 25.11.19. Next Purpose: MEDIATION REPORT Next Hearing Date: 25-11-2019 Date: 25-11-2019 Business: Adv. M. A. Attar for plaintiff present. Adv. Joshi for defendant present. Matter stands Adj for Mediation report to 16.12.19. Next Purpose: MEDIATION REPORT Next Hearing Date: 16-12-2019 Date: 16-12-2019 Business: None present for plaintiff. Adv. D\''sa for defendant present. Matter stands Adj for Mediation Report to 23.01.2020. Next Purpose: MEDIATION REPORT Next Hearing Date: 23-01-2020 Date: 23-01-2020 Business: Adv. Akhtar for plaintiff present. Adv. D\''sa for defendant present and submitted that compromise talks have been progressed before the mediator and prayed for time. Time granted. Matter stands Adj for Mediation report to 26.02.2020. Next Purpose: MEDIATION REPORT Next Hearing Date: 26-02-2020 Date: 26-02-2020 Business: None present for plaintiff. Adv. D\''sa for defendant present. Mediation report received from mediation centre. As per report of mediation, Mediation is failed. Matter stands Adj for framing issues to 13.04.2020. Next Purpose: FRAMING ISSUES Next Hearing Date: 13-04-2020 Date: 13-04-2020 Reason For Adjournment: National Lock Down Next Purpose: FRAMING ISSUES Next Hearing Date: 28-04-2020 Date: 28-04-2020 Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and office order no. 75 of 2020, matter adjourned. Next Purpose: FRAMING ISSUES Next Hearing Date: 19-05-2020 Date: 19-05-2020 Reason For Adjournment: National Lock Down Next Purpose: FRAMING ISSUES Next Hearing Date: 06-06-2020 Date: 06-06-2020 Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 83 of 2020 matter adjourned. Next Purpose: FRAMING ISSUES Next Hearing Date: 24-06-2020 Date: 24-06-2020 Reason For Adjournment: National Lock Down Next Purpose: FRAMING ISSUES Next Hearing Date: 17-10-2020 Date: 17-10-2020 Reason For Adjournment: National Lock Down Next Purpose: FRAMING ISSUES Next Hearing Date: 10-12-2020 Date: 10-12-2020 Business: None present for plaintiff and defendant. Matter stands Adj for framing issues to 04.02.2021. Next Purpose: FRAMING ISSUES Next Hearing Date: 04-02-2021 Date: 04-02-2021 Business: None for Plaintiff. Advocate Ms. Ankita Jain for defendant present. The case is adjourned to 22.03.2021 for framing of issues. Next Purpose: FRAMING ISSUES Next Hearing Date: 22-03-2021 Date: 22-03-2021 Business: None present. KB LO at 5.30pm As Court is busy in hearing NM in SU NO.4971/19,2339/17, 7603/89, 134/19, dictating orders in SU No. 677/16, MA 42/19 and also in other matters on board. The case is adjourned. The case is adjourned to 03.05.2021 for framing issues. Next Purpose: FRAMING ISSUES Next Hearing Date: 03-05-2021 Date: 03-05-2021 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: FRAMING ISSUES Next Hearing Date: 16-07-2021 Date: 16-07-2021 Business: Court is vacant Next Purpose: FRAMING ISSUES Next Hearing Date: 18-09-2021 Date: 18-09-2021 Business: Matter called out at 1.10 p.m. Adv. Vedanshi Shah I/.b Bipin Joshi for defendant present. Matter stands adjourned to 08.11.2021. Next Purpose: FRAMING ISSUES Next Hearing Date: 08-11-2021 Date: 08-11-2021 Business: Matter called out at 11.56 a.m. None present. Matter stands adjourned to 10.01.2022 for Issues. Next Purpose: FRAMING ISSUES Next Hearing Date: 10-01-2022 Date: 10-01-2022 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: FRAMING ISSUES Next Hearing Date: 10-03-2022 Date: 10-03-2022 Business: None present. Matter stands adjourned to 08.06.2022 for Issues. Next Purpose: FRAMING ISSUES Next Hearing Date: 08-06-2022 Date: 08-06-2022 Business: None present for plaintiff. Adv. Vedanshi Shah I/b Adv. Bipin Joshi for defendant present. Matter stands adjourned to 17.08.2022 for Issues. Later on at 12.03 p.m. Adv. M. A. Attar for plaintiff present. Already adjourned to 17.08.2022. Next Purpose: FRAMING ISSUES Next Hearing Date: 17-08-2022 Date: 17-08-2022 Business: Adv. M. A. Attar for plaintiff present. Adv. Siddhant Singh I/b Adv. Bipin Joshi for defendant present. Matter stands adjourned to 10.11.2022 for issues. Next Purpose: FRAMING ISSUES Next Hearing Date: 10-11-2022 Date: 10-11-2022 Business: Plaintiff in person present. His advocate absent. None present for defendant. Matter stands adjourned to 05.01.2023 for hearing on issues. Later on at 1.13 p.m. Adv. Gaurav Gadhatra for defendant present. Already adjourned to 05.01.2023. Later on at 1.43 p.m. Adv. M. A. Attar for plaintiff present. Already adjourned to 05.01.2023. Next Purpose: FRAMING ISSUES Next Hearing Date: 05-01-2023 Date: 05-01-2023 Business: Plaintiff in person present. Advocate absent. None for defendant. Matter stands adjourned on 16/02/2023 for hearing on issues. Later on at 1.04 p.m. Adv. Attar for plaintiff present. Already adjourned to 16/02/2023. Next Purpose: FRAMING ISSUES Next Hearing Date: 16-02-2023 Date: 16-02-2023 Business: Plaintiff in person present. He tendered draft issues. TOR. None for defendant. Matter stands adjourned on 18.04.2023 for hearing on issues. Next Purpose: FRAMING ISSUES Next Hearing Date: 18-04-2023 Date: 18-04-2023 Business: None present. Matter stands adjourned on 06.07.2023 for hearing on issues. Next Purpose: FRAMING ISSUES Next Hearing Date: 06-07-2023 Date: 06-07-2023 Business: None for Plaintiff present. None for defendant present. Matter stands adjourned on 20-09-2023 for framing issues. Next Purpose: FRAMING ISSUES Next Hearing Date: 20-09-2023 Date: 20-09-2023 Business: P.O. is on leave, matter adjourned. Next Purpose: FRAMING ISSUES Next Hearing Date: 28-11-2023 Date: 28-11-2023 Business: Both parties absent. Exhibit 7 Issues are framed. ISSUES 1. Does plaintiff prove that he is in exclusive use, occupation and possession of the suit premises 2. Does plaintiff prove that the defendant has forcibly dispossessed him from the suit premises 3.Is suit valued properly for payment of court fees 4.Whether this court has jurisdiction to try and entertain the suit 5.Is plaintiff entitled for the reliefs claimed 6.What order and decree Matter stands adjourned on 08-02-2024 for R/E. Next Purpose: RECORDING EVIDENCE Next Hearing Date: 08-02-2024 Date: 08-02-2024 Business: IN THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO. 61 This court newly formed on 02.01.2024. Matter transferred from CRNo. None for plaintiff. None for defendant. Due to formation of new court and change of assignment matte is adjourned for evidence of plaintiff. Matter adjourned for evidence of plaintiff to 18-03-2024. LO at 12.37 pm.. Adv. M. A. Aftar for plaintiff present. Next Purpose: RECORDING EVIDENCE Next Hearing Date: 18-03-2024 Date: 18-03-2024 Business: IN THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO. 61 None for plaintiff. Adv. Dikshita More for defendant present. No evidence tendered by the plaintiff. Hence, matter be kept for passing further order against plaintiff/dismissal order. Matter adjourned for further order against plaintiff/dismissal order / RE to 06-04-2024. Next Purpose: ORDER Next Hearing Date: 06-04-2024 Date: 06-04-2024 Business: IN THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO. 61 None for plaintiff. None for defendant. KB at .1.55 pm.. None present for the plaintiff and the defendant when called again. Perused the earlier roznamas as per said roznamas, plaintiff has to file evidence but till today he has not tendered his evidence or there is no any application by the plaintiff. Thus, it appears that plaintiff is not interested in persuading the matter as such the suit/matter be kept for dismissal order. Matter adjourned for dismissal order to 04-05-2024 Next Purpose: DISMISSAL Next Hearing Date: 04-05-2024 Date: 04-05-2024 Business: IN THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO. 61 None for plaintiff. None for defendant. KB. Lo at 12.02 pm.. Adv. M. H. Shaikh h/f Adv. M. A. Aftar alongwith plaintiff in person present and made submission that matter is going to be settled on or before next date and accordingly consent term may be filed on next date. In view of this matter is posted for filing consent term/dismissal order. Matter adjourned for filing consent term/dismissal to 06-07-2024. Next Purpose: CONSENT TERM Next Hearing Date: 06-07-2024 Date: 06-07-2024 Business: Court is vacant Next Purpose: CONSENT TERM Next Hearing Date: 05-08-2024 Date: 05-08-2024 Business: IN THE COURT OF H.H.J. R. D. DESHPANDE JUDGE CITY CIVIL COURT C.R. NO. 61 Plaintiff is present. He requested to keep the matter back. None for defendant. KB. LO at 11.58 am. Plaintiff alongwith his Adv. M. A. Attar is present. He submits that the settlement talks are going on. Defendant is present. Matter is referred for mediation. Matter adjourned for mediation report to 05-09-2024. Next Purpose: MEDIATION REPORT Next Hearing Date: 05-09-2024 Date: 05-09-2024 Business: The Court is on leave. Next Purpose: MEDIATION REPORT Next Hearing Date: 21-10-2024 Date: 21-10-2024 Business: IN THE COURT OF H.H.J. R. D. DESHPANDE JUDGE CITY CIVIL COURT C.R. NO. 61 Plaintiff is present and submits that though the mediation is failed, the settlement talks are still going on. None for defendant. Report of mediation received from Mediation Center alongwith letter of the Judge Mediator that mediation is failed. Taken on record and marked as Exh.8 and Exh.9. O- Seen and filed. Issue notices to both the parties on Court motion. Matter adjourned for settlement in lok adalat to 14.12.2024. Next Purpose: Lok-Nyayalay Next Hearing Date: 14-12-2024 Date: 14-12-2024 Business: Matter pertains to C.R. No. 61 None for plaintiff. None for defendant. Matter is not settled. Matter adjd to 21.01.2025. Next Purpose: Lok-Nyayalay Next Hearing Date: 21-01-2025 Date: 21-01-2025 Business: IN THE COURT OF H.H.J. R. D. DESHPANDE JUDGE CITY CIVIL COURT C.R. NO. 61 Plaintiff is present. He submits that settlement talks are going on. None for defendant. Matter adjourned for settlement to 03.04.2025. Next Purpose: SETTLEMENT Next Hearing Date: 03-04-2025 Date: 03-04-2025 Business: court is on leave Next Purpose: SETTLEMENT Next Hearing Date: 02-05-2025 Date: 02-05-2025 Business: None for plaintiff. None for defendant. This suit was referred to the Lok Adalat dated 14.12.2024. As such there exists an element of settlement. Hence this suit again be referred to the Lok Adalat dated 10.05.2025. Issue notice to both the parties on Court Motion. Matter adjourned for Lok-Adalat to 10.05.2025. Next Purpose: Lok-Nyayalay Next Hearing Date: 10-05-2025 Date: 10-05-2025 Business: None present for plaintiff. None present for defendant. In the absence of parties matter can not be settled. Matter is adjd to 16.06.2025. Next Purpose: Lok-Nyayalay Next Hearing Date: 16-06-2025 Date: 16-06-2025 Business: None for plaintiff. None for defendant. Matter adjourned for dismissal order to 21.08.2025. Next Purpose: DISMISSAL Next Hearing Date: 21-08-2025 Date: 21-08-2025 Business: PO is on leave. Next Purpose: DISMISSAL Next Hearing Date: 30-09-2025 Date: 30-09-2025 Business: IN THE COURT OF H.H.J. A. C. DAGA JUDGE CITY CIVIL COURT C.R. NO. 61 Plaintiff is present. None for defendant. K.B. Later on at 11.39 a.m. Plaintiff is present. His Adv. is absent. Adv. Eknath Pagam h/f Adv. Bipin Joshi for defendant is present. K.B. Later on at 1.30 P.M. Plaintiff is absent and has not lead any evidence. It appears that plaintiff is not interested in proceeding further with the suit. As such Suit No.1500/19 is dismissed in default. No order as to costs. R and P be sent to Record Department. Nature Of Disposal: DISMISSED IN DEFAULT Disposal Date: 30-09-2025
Additional Case Details
Additional Case Details
Filing Number: 106296/2019 Filing Date: 13-06-2019 First Hearing Date: 10th July 2019 Decision Date: 30th September 2025 Court Number And Judge: 61-COURT 61 ADDL SESSIONS JUDGE
Orders
1Final Order 130 Sept 2025
30 Sept 2025
Order Details: Other Pdf Text: 5 Dt.30-09-2025 SU 1500/19 IN THE COURT OF H.H.J. A. C. DAGA JUDGE CITY CIVIL COURT C.R. NO. 61 Plaintiff is present. None for defendant. K.B. Later on at 11.39 a.m. Plaintiff is present. His Adv. is absent. Adv. Eknath Pagam h/f Adv. Bipin Joshi for defendant is present. K.B. Later on at 1.30 P.M. Plaintiff is absent and has not lead any evidence. It appears that plaintiff is not interested in proceeding further with the suit. As such Suit No.1500/19 is dismissed in default. No order as to costs. R and P be sent to Record Department. Judge -- 1 of 1 --
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