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SUIT - SHORT CAUSE CIVIL SUIT

Sufiyan Ziauddin ShaikhVsDabir Chowdhry +1 more

CNR MHCC0100628620182-COURT 02 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 30th January 2023

TrustJury record updated 13 Sept 2026

Case Overview

Registration Number
101874/2018
Registration Date
11 May 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Petitioner

    1. 1Sufiyan Ziauddin Shaikh

    Respondent

    1. 1Dabir Chowdhry
    2. 2Tanbir Chowdhry

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec Order 39 · Rule 2

    Case History / Proceedings

    Case History
    Date: 07-08-2018
Business: HHJ is Nominated as trainer for training on mediation hence Today Board is discharged
Next Purpose: DIRECTIONS
Next Hearing Date: 05-10-2018

Date: 05-10-2018
Business: Adv.Mr.A.K.Singh for Plff.present.
He tendered original registered N/m No.2913/18 t.o.r.
Adv.Mr.SP.Aivade(Patil) for Deft present.
He filed reply to N/m No.2913/18 t.o.r.
Adv.for Plff tendered draft N/m along with affidavit t.o.r.Leave granted to register N/m.  Returnable on next date.
The suit is that the Plaintiff shall not be dispossessed without following due process of Law.  Considering the nature of the suit, suit is referred for National Lokadalat scheduled on 08.12.2018.  Parties are directed to attend National Lokadalat at 10.00 am.
Issue notice to both the parties through Bailiff.
Next Purpose: DIRECTIONS
Next Hearing Date: 08-12-2018

Date: 08-12-2018
Business: Adv. Mr. A.K. Singh for Plff. present.
Adv. Mr. Akhatra Ali Shaikh for deft. no. 1 and 2 present.
Matter not settled. Matter be sent back to regular court. Parties are directed to attend regular court on dt. 24.01.2019
Next Purpose: DIRECTIONS
Next Hearing Date: 24-01-2019

Date: 24-01-2019
Business: Adv. Piyush Singh for Plaintiff present.
He tendered original NM NO.4594/18 t.o.r.
Adv. Akhtar Shaikh for Defendant no.1 and 2 present.
Copy of NM is given to other side.
Adj for NM reply to 28.02.2019.
Next Purpose: REPLY
Next Hearing Date: 28-02-2019

Date: 28-02-2019
Business: Adv. Piyush Singh for Plaintiff present.
Ex. Adv. Ashok Patel filed V/n for Defendant no.1 and 2 t.o.r.
Adj for NM reply to 24.04.2019.
Next Purpose: REPLY
Next Hearing Date: 24-04-2019

Date: 24-04-2019
Business: Adv. Piyush Singh for Plaintiff present.
Deft no.2 present. Adv absent.
K.B.
L.O.
Adv. Ashraf Patel for defendants present.
Defendants filed reply to NM t.o.r.
Adj for rejoinder of Plaintiff to 05.07.2019.
Next Purpose: REJOINDER
Next Hearing Date: 05-07-2019

Date: 05-07-2019
Business: Adv. Piyush Singh for Plaintiff present.
Adv. Ashraf Patel for defendants present.
Counsel for parties submitted that pleadings are completed in both the Notice of motions. Therefore, matter is adj for NM hearing to 20.08.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-08-2019

Date: 20-08-2019
Business: Adv. A.K.Singh for Plaintiff present.
Deft and Adv absent.
Adv for Plaintiff submitted that Plaintiff wants to lead evidence in contempt NM No.4594/18, so it is to be kept for R/E in said motion.
K.B.
L.O.
Adv. A.K.Singh for Plaintiff present.
Adv. Ashraf Patel for defendant present.
Arguments of Adv for Plaintiff is partly heard.
Adv for defendant wants to take certain instructions as to whether dispute can be resolved.
Therefore, matter is adj for NM hearing to 07.09.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-09-2019

Date: 07-09-2019
Business: Adv. Pawan Tiwari h/f Adv. Ashraf For Plaintiff present.
Adv. Kamlakar For defendant present.
Advocate for Plaintiff filed adjournment application. Adjournment is granted.
Adjd for NM hearing to 05/11/2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-11-2019

Date: 05-11-2019
Business: dv. M.S.Singh for plaintiff present.
Adv. Neha Sajalani for defendant present.
Heard arguments of both sides on NM 2913/18.
Adjourned for order to 16.11.2019.
Next Purpose: ORDER
Next Hearing Date: 16-11-2019

Date: 16-11-2019
Business: Adv. Pawan Tiwari for plaintiff present.
None present for defendant
KB
LO
As Steno is not available therefore, adjourned to 22.11.2019 for order.
Next Purpose: ORDER
Next Hearing Date: 22-11-2019

Date: 22-11-2019
Business: Adv. Piyush Singh for plaintiff present.
Adv. Neha Chhajalane for defendant present.
Defendants are directed to file legible sanctioned plan of the Gem Apartment and also directed to file copy of development agreement.
Adjourned for compliance to 30.11.2019.
Next Purpose: COMPLIANCE
Next Hearing Date: 30-11-2019

Date: 30-11-2019
Business: Adv. M.S. Singh for plaintiff present.
Adv. Neha Chhajalane for defendants present
KB
LO
Defendant no 2 present.
Adv. For defendants filed compilation of documents in terms of earlier order.
Copy supplied to plaintiff.
Adv. for defendants made statement that defendants do not park their car/cars inside the compound wall of Gem Apartment and they will not park their car/ cars in that area during pendency of present suit.
Adv. For plaintiff made statement that plaintiff will also not park his car/cars in the said area and requested to disposed of NM in view of above statement.
Above statements are accepted.
Accordingly, NM no 2913/18 is disposed of in view of above statement.
Plaintiff has not pressed NM 4594/18
O- As plaintiff has not pressed NM 4594/18 so, NM 4594/18 is dismissed for want of prosecution.
Accordingly, NM 4594/18 is disposed of.
Adjourned to 7.01.2020 for direction.
Next Purpose: DIRECTIONS
Next Hearing Date: 07-01-2020

Date: 07-01-2020
Business: Adv. M. S.Singh for plaintiff present.
Adv. Miss Neha for defendant present.
Adjd. for direction to 30.01.2020
Next Purpose: DIRECTIONS
Next Hearing Date: 30-01-2020

Date: 30-01-2020
Business: Adv. Pawan Tiwari for plaintiff present.
Adv. Ashraf Patel for defendant present.
With consent of counsel for parties matter is referred to Lok Adalat.
Parties are directed to remain before Lok Adalat on 8.02.2020
Adjourned for report to 15.02.2020
Next Purpose: REPORT
Next Hearing Date: 15-02-2020

Date: 15-02-2020
Business: Plff absent.
Deft no. 2 present.
Adv Ashraf Patel for defts present.
Matter is not settled in lok-adalat.
Matter stands Adj for written statement to 20/03/2020.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 20-03-2020

Date: 20-03-2020
Business: None present.
Matter stands Adj for Written Statement to 13.04.2020
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 13-04-2020

Date: 13-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 02-06-2020

Date: 02-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 19-06-2020

Date: 19-06-2020
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 27-07-2020

Date: 27-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 08-10-2020

Date: 08-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 01-12-2020

Date: 01-12-2020
Business: Adv A. K. Singh for plff present.
Matter stands Adj for written statement to 18/01/2021.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 18-01-2021

Date: 18-01-2021
Business: None present.
Matter stands Adj for Written Statement to 16.02.2021.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 16-02-2021

Date: 16-02-2021
Business: Adv M. S. Singh for plff present.
Matter stands Adj for Written Statement to 22/03/2021.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 22-03-2021

Date: 22-03-2021
Business: None for plff.
None for defts.
Case is fixed for filing written statement of defts since long.  But they failed to file written statement.
Hence suit is proceeded without written statement of defts.
Matter stands Adj for Evidence of plff to 07/06/2021.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-06-2021

Date: 07-06-2021
Business: Due to covid matter adjourned.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-07-2021

Date: 19-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-09-2021

Date: 04-09-2021
Business: Adv A. K. Singh for plff present.
None for deft.
Adv for plff submitted that he wants to withdraw the suit on next date.
Matter stands Adj to 25/11/2021 for Withdrawal.
Next Purpose: WITHDRAWAL
Next Hearing Date: 25-11-2021

Date: 25-11-2021
Business: Defendant no.1 and 2 present.
None for plaintiff. When called out at 11.30 a.m.
K.B.
L.O.
None for plaintiff. When called out at 01.00 p.m.
On last date, Adv. for plaintiff had made statement before the Court that the plaintiff is withdrawing the Suit today. Today also none present for plaintiff.
Adjd. to 12/01/2022 for withdrawal of the Suit or further steps by plaintiff.
Next Purpose: WITHDRAWAL
Next Hearing Date: 12-01-2022

Date: 12-01-2022
Business: Both parties and their Adv absent.
As per Office Order No. 07 of 2022 dated 07/01/2022, only urgent matter is to be taken up for hearing.
Matter stands Adj for Withdrawal to 03/03/2022.
Next Purpose: WITHDRAWAL
Next Hearing Date: 03-02-2022

Date: 03-02-2022
Business: P.O. is on leave.
Next Purpose: WITHDRAWAL
Next Hearing Date: 28-03-2022

Date: 28-03-2022
Business: None for plff.  Suit is already proceeded without written statement.  On 04/09/2021, Adv for plff made a statement that he will withdraw the suit on next date but on 25/11/2021, 12/01/2022 and today also none present for plff.
Matter stands Adj for Evidence of plff to 13/06/2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-06-2022

Date: 13-06-2022
Business: Both parties and their advocate are absent.
Matter is adjd for evidence of plaintiff to 28/07/2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-07-2022

Date: 28-07-2022
Business: None for plaintiff.
Defendant no. 2 present.
Sufficient time is granted to plaintiff to lead evidence. Today also plaintiff did not lead evidence. Hence matter adjd for dismissal order to 17/09/2022.
Matter is adjd for recording evidence to 17/09/2022
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-09-2022

Date: 17-09-2022
Business: None for plaintiff present.
Defendant no. 2 present. kb.
L. o
Defendant no. 2 present.
Parties are directed to give CTS number of suit property.
Matter is adjd for recording evidence to 18/11/2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-11-2022

Date: 18-11-2022
Business: None for plaintiff present.
Defendant no. 1 and 2 present and his advocate absent.
Today matter is fixed for R/E of plaintiff. Sufficient time is granted to plaintiff to lead evidence.
Parties are directed to give CTS number of suit property.
Matter is adjd for R/E of plaintiff as last chance on failure further order will be passed on next date to 30/01/2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-01-2023

Date: 30-01-2023
Business: None for plaintiff.
Defendant no. 2 present and his advocate absent.
Sufficient time is granted to plaintiff to lead oral evidence. On last date time was granted as last chance. Today also plaintiff and his advocate are absent when called repeatedly. Roznama shows that plaintiff is not interested to proceed with the matter, hence suit stands dismissed for default with no order as to costs.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 30-01-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 106835/2018
Filing Date: 11-05-2018
First Hearing Date: 07th August 2018
Decision Date: 30th January 2023
Court Number And Judge: 2-COURT 02 ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1
    30 Jan 2023
    Order Details: Other
Pdf Text: Back
Daily Status
IN THE COURT OF :COURT 02 ADDL SESSIONS JUDGE
Case No. :SUIT/0101874/2018
Sufiyan Ziauddin Shaikh Vs 1. Dabir Chowdhry 2.Tanbir Chowdhry
Date : 30-01-2023
Business : None for plaintiff. Defendant no. 2 present and his advocate
absent. Sufficient time is granted to plaintiff to lead oral
evidence. On last date time was granted as last chance.
Today also plaintiff and his advocate are absent when called
repeatedly. Roznama shows that plaintiff is not interested to
proceed with the matter, hence suit stands dismissed for
default with no order as to costs.
Nature of Disposal : DISMISSED IN DEFAULT
Disposal Date : 30-01-2023
COURT 02 ADDL SESSIONS JUDGE
-- 1 of 1 --
    Order 1
    30 Jan 2023
    Order Details: Other
Pdf Text: Back
Daily Status
IN THE COURT OF :COURT 02 ADDL SESSIONS JUDGE
Case No. :SUIT/0101874/2018
Sufiyan Ziauddin Shaikh Vs 1. Dabir Chowdhry 2.Tanbir Chowdhry
Date : 30-01-2023
Business : None for plaintiff. Defendant no. 2 present and his advocate
absent. Sufficient time is granted to plaintiff to lead oral
evidence. On last date time was granted as last chance.
Today also plaintiff and his advocate are absent when called
repeatedly. Roznama shows that plaintiff is not interested to
proceed with the matter, hence suit stands dismissed for
default with no order as to costs.
Nature of Disposal : DISMISSED IN DEFAULT
Disposal Date : 30-01-2023
COURT 02 ADDL SESSIONS JUDGE
-- 1 of 1 --

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