SUIT - SHORT CAUSE CIVIL SUIT
Alimuallh Bhikhullah Khan +3 moreVsRahamat Ali Imtiyaz Khan +1 more
CNR MHCC01006068201962-COURT 62 AD-HOC ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 30th March 2024
TrustJury record updated 21 Sept 2026
Case Overview
- Registration Number
- 101984/2019
- Registration Date
- 12 Jul 2019
Advocates
1For Petitioner
For Respondent
Not available
Parties
6Acts & Sections
1Protection of Women from Domestic Violence Act · Sec Order 39 · Rule 2
Case History / Proceedings
Case History
Date: 02-08-2019
Business: Court is busy in recording evidence in suit no.9168/92 and other matter, hence first session board is discharged and case is adjourned to 04/10/2019.
Advocate Piyush Singh for Plaintiff present and filed writ of summons t.o.r. He also filed draft Notice of Motion with affidavit in support of Notice of Motion. Leave to register Notice of Motion is granted.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-10-2019
Date: 04-10-2019
Business: MATTER PERTAINS TO CR NO.09.
Advocate A. K. Singh for Plaintiff filed registered Notice of Motion no.3172/2019 with affidavit in support, t.o.r.
None present for Defendants.
Case is adjourned to 04/11/2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-11-2019
Date: 04-11-2019
Business: None present for Plaintiff.
Advocate Vyas for Defendant present and filed vakalatnama, t.o.r.
Court is busy in dictating Judgment in suit no.785/08, hence case is adjourned to 10/02/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-02-2020
Date: 10-02-2020
Business: None present for Plaintiff. None present for Defendant.
Case is adjourned to 04/04/2020 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-04-2020
Date: 04-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-04-2020
Date: 04-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-04-2020
Date: 27-04-2020
Business: National Lock down
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-06-2020
Date: 27-04-2020
Business: National Lock down
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-06-2020
Date: 05-06-2020
Business: Case is adjd.to 23.06.20 in view of extension of Lockdown period as per office order no.83/20 dtd.01.06.20
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-06-2020
Date: 05-06-2020
Business: Case is adjd.to 23.06.20 in view of extension of Lockdown period as per office order no.83/20 dtd.01.06.20
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-06-2020
Date: 23-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-08-2020
Date: 20-08-2020
Business: Adjourned due to Covid-19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-11-2020
Date: 03-11-2020
Business: None present for Plaintiffs.
None present for Defendants.
It seems that due to Corona pandemic, parties are absent, hence case is adjourned to 03.02.2021 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-02-2021
Date: 03-11-2020
Business: None present for Plaintiffs.
None present for Defendants.
It seems that due to Corona pandemic, parties are absent, hence case is adjourned to 03.02.2021 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-02-2021
Date: 03-02-2021
Business: Adv Mr. A.K. Singh for plff present.
None present for deft.
Deft No.1 has put appearance in the matter through advocate but failed to file reply to NM No.3172/2019 hence, said NM to proceed without reply of deft No.1.
Plff to file affidavit of service of NM on deft No.2
Adjd. for service of NM to Deft No.2. to 08.03.2021.
Next Purpose: SERVICE
Next Hearing Date: 08-03-2021
Date: 08-03-2021
Business: None present for both the parties.
Plff has not filed affidavit of service of NM No.3172/2019 on deft No.2 till date. Hence said NM be kept for dismissal order.
Matter is adjd. for NM dismissal to 09.06.2021.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 09-06-2021
Date: 09-06-2021
Business: Due to Covid adjourned
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 06-08-2021
Date: 09-06-2021
Business: Due to Covid adjourned
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 06-08-2021
Date: 06-08-2021
Business: Adv Mr. A.K. Singh for plff present and filed affidavit of service of NM No. 3172/2019 on deft No.2.
None present for defts.
Perused the affidavit and the returned postal envelope produced with it. Endorsement of postal department shows that intimation about said notice is given to deft No.2. Proper service. Deft No.2 did not appear hence, No.No.3172/2019 to proceed ex-parte against deft No.2.
Matter is adjd. for NM hearing to 04.09.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-09-2021
Date: 04-09-2021
Business: Adv Mr. A.K. Singh for plff present.
None present for deft.
Adv. for the plff could not reply the queries put by the Court.
Matter is adjd. for NM hearing to 12.10.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-10-2021
Date: 12-10-2021
Business: Adv Mr. Piyush Singh present for plff.
None present for deft.
Court is busy in other matters hence, matter is adjd. for NM hearing to 22.11.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-11-2021
Date: 22-11-2021
Business: Adv Mr. A.K. Singh present for pff.
None present for deft.
As court is busy in other matters, this matter is adjd. for NM hearing to 24.01.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-01-2022
Date: 24-01-2022
Business: Due to Covid-19, matter is adjd.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-03-2022
Date: 24-01-2022
Business: Due to Covid-19, matter is adjd.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-03-2022
Date: 29-03-2022
Business: Court is on Leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-06-2022
Date: 29-03-2022
Business: Court is on Leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-06-2022
Date: 24-06-2022
Business: Court on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-08-2022
Date: 04-08-2022
Business: Adv.A.K.Singh for plaintiff present.
None present for defts.
ORDER BELOW EXH.1
Read the bailiff report with writ of summons. Defendant No.1 and 2 though received suit summons on 24.07.2019 and though filed vakalatnama on 04.11.2019, have failed to file written statement, hence, suit to proceed without written statement of the defendants.
Matter adjd to 12.10.2022 for R/E/NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-10-2022
Date: 04-08-2022
Business: Adv.A.K.Singh for plaintiff present.
None present for defts.
ORDER BELOW EXH.1
Read the bailiff report with writ of summons. Defendant No.1 and 2 though received suit summons on 24.07.2019 and though filed vakalatnama on 04.11.2019, have failed to file written statement, hence, suit to proceed without written statement of the defendants.
Matter adjd to 12.10.2022 for R/E/NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-10-2022
Date: 12-10-2022
Business: Adv.Krishnakant Singh for plaintiff present.
None present for deft.
As Court is busy in dictating order in NM 2639/19, hence, board is discharged.
Matter adjd to 15.12.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-12-2022
Date: 12-10-2022
Business: Adv.Krishnakant Singh for plaintiff present.
None present for deft.
As Court is busy in dictating order in NM 2639/19, hence, board is discharged.
Matter adjd to 15.12.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-12-2022
Date: 15-12-2022
Business: Adv. Mr. M. S. Singh for plaintiff present.
None for defendant.
Ld advocate for plaintiff submits to heard the N/m alongwith suit.
Hence matter is adjourned for evidence.
Matter adjd to 24/02/2023 for evidence.
Judge
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-02-2023
Date: 24-02-2023
Business: None present.
As court is busy in dictation of judgment in suit no. 4883 of 2007 and 4964 of 2007 Hence matter adjourned.
Matter adj. to 12-06-2023 for Evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-06-2023
Date: 24-02-2023
Business: None present.
As court is busy in dictation of judgment in suit no. 4883 of 2007 and 4964 of 2007 Hence matter adjourned.
Matter adj. to 12-06-2023 for Evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-06-2023
Date: 12-06-2023
Business: None for plaintiff
None for defendant
Matter is adjd.to 05-08-2023 for Order against plaintiff
Next Purpose: ORDER
Next Hearing Date: 05-08-2023
Date: 05-08-2023
Business: Adv. Piyush Singh for plaintiff present.
None for defendant
The Ld. Counsel for plaintiff would seek time to file affidavit of examination in chief of the plaintiff witness
Matter is adjd.to 20-09-2023 for chief of the plaintiff witness.
Next Purpose: FOR___________________
Next Hearing Date: 20-09-2023
Date: 20-09-2023
Business: Adv. Piyush Singh for plaintiff present.
None for defendant
Matter is adjd.to 31-10-2023 for R/E. 11.00am.
Next Purpose: FOR___________________
Next Hearing Date: 31-10-2023
Date: 31-10-2023
Business: Adv. Piyush Singh for plaintiff present.
None for defendant
Matter is adjd.to 19-12-2023 for R/E. 11.00am
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-12-2023
Date: 19-12-2023
Business: None for plaintiff.
None for defendant
Matter is adjourned to 17-01-2024 for R/E
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-01-2024
Date: 17-01-2024
Business: None for plaintiff.
None for defendant
Matter is adjourned to 27-02-2024 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-02-2024
Date: 27-02-2024
Business: None for plaintiff.
None for defendant
Matter is adjourned to 30-03-2024 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-03-2024
Date: 30-03-2024
Business: dismissed
Nature Of Disposal: DISMISSED
Disposal Date: 30-03-2024Additional Case Details
Additional Case Details
Filing Number: 106543/2019 Filing Date: 18-06-2019 First Hearing Date: 02nd August 2019 Decision Date: 30th March 2024 Court Number And Judge: 62-COURT 62 AD-HOC ADDL SESSIONS JUDGE
Orders
1Final Order 130 Mar 2024
30 Mar 2024
Order Details: Other Pdf Text: 30-03-2024 Sr. no.1 SU 1984/19 NM No. 3172/19 uncontested. CORAM: H.H.J.SHRI.V. M. PATHADE(C.R.NO.62) None for plaintiff. None for defendant. KB LO 3.00PM From the perusal of the record, it reveals that though the suit is directed to proceed without written statement of defendant vide order dtd. 04-08-2022, the plaintiffs are not taking steps to proceed with the trial of the suit since last several dates. It is thus apparent that the plaintiff has lost interest in the suit. The suit is therefore liable to be dismissed for want of prosecution. The suit stands dismissed accordingly. Pending NM stands accordingly disposed of. Judge -- 1 of 1 --
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