Skip to main content
SUIT - SHORT CAUSE CIVIL SUIT

Surekha Jeevan GaikwadVsSaniullah Eshanullah Khan

CNR MHCC01006322201965-COURT 65 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 30th July 2024

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
101936/2019
Registration Date
04 Jul 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Hindu Marriage Act · Sec 37 · 38

    Case History / Proceedings

    Case History
    Date: 25-07-2019
    Business: None present for Plaintiff.
    None present for Defendant.
    As court is busy in recording of evidence in Suit No. 7774/1997 and dictating order in Notice of Motion No. 2545/19.  Hence, board is discharged.
    Case is adjourned to 27/11/2019 for directions.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 07-08-2019
    
    Date: 07-08-2019
    Business: Advocate Ms. Indira for Plaintiff present and filed registered Chamber Summons no.1387/2019 with affidavit in support, t.o.r.
    On request of advocate for Plaintiff, case is adjourned to 23/08/2019 for Chamber Summons hearing.
    Plaintiff is directed to intimate date fixed in the matter upon other side.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 23-08-2019
    
    Date: 23-08-2019
    Business: Advocate Indira @ Plaintiff present
    Advocate Vijay Dubey @ Defendant present and filed vakalatnama, t.o.r.  Advocate for Defendant submitted that on next date he will file reply to Chamber Summons no.1387/19. Considering submissions adjourned.
    Case is adjourned to 16/09/2019 for Chamber Summons reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 16-09-2019
    
    Date: 16-09-2019
    Business: Court is busy in recording evidence in suit no.9168/92, hence case is adjourned
    Next Purpose: C/S REPLY
    Next Hearing Date: 03-10-2019
    
    Date: 03-10-2019
    Business: PO IS ON LEAVE.
    Next Purpose: C/S REPLY
    Next Hearing Date: 08-11-2019
    
    Date: 08-11-2019
    Business: Advocate for Plaintiff present and submitted that on next date he will argue Chamber Summons.  Considering submissions adjourned.
    Advocate Dubey for Defendant present
    Case is adjourned to 13/01/2020 for Chamber Summons hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 13-01-2020
    
    Date: 13-01-2020
    Business: Advocate Ms. Indira for Plaintiff present
    None present for Defendant.
    Heard Plaintiff\''s advocate about Chamber Summons no.1387/19 who has submitted that Plaintiff\''s name is wrongly typed in the plaint as Samimulah Khan and Plaintiff is intending to bring on record the correct name of Defendant which is Samimulah Faruki, hence according to Plaintiff\''s advocate Chamber Summons is necessary to be made absolute.
    It is made clear that, if on next date, Defendants will not argue Chamber Summons court will be compelled to decide Chamber Summons considering reply filed by Defendant.
    Case is adjourned to 15/02/2020 for Chamber Summons hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 15-02-2020
    
    Date: 15-02-2020
    Business: court is on leave.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 01-04-2020
    
    Date: 15-02-2020
    Business: court is on leave.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 01-04-2020
    
    Date: 01-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: C/S  HEARING
    Next Hearing Date: 16-04-2020
    
    Date: 16-04-2020
    Business: National Lock down
    Next Purpose: C/S  HEARING
    Next Hearing Date: 05-05-2020
    
    Date: 16-04-2020
    Business: National Lock down
    Next Purpose: C/S  HEARING
    Next Hearing Date: 05-05-2020
    
    Date: 16-04-2020
    Business: National Lock down
    Next Purpose: C/S  HEARING
    Next Hearing Date: 05-05-2020
    
    Date: 05-05-2020
    Business: National Lock down
    Next Purpose: C/S  HEARING
    Next Hearing Date: 27-05-2020
    
    Date: 05-05-2020
    Business: National Lock down
    Next Purpose: C/S  HEARING
    Next Hearing Date: 27-05-2020
    
    Date: 27-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: C/S  HEARING
    Next Hearing Date: 12-06-2020
    
    Date: 12-06-2020
    Business: In view of extension of Lockdown period case is adjd. to 07.08.2020
    Next Purpose: C/S  HEARING
    Next Hearing Date: 07-08-2020
    
    Date: 12-06-2020
    Business: In view of extension of Lockdown period case is adjd. to 07.08.2020
    Next Purpose: C/S  HEARING
    Next Hearing Date: 07-08-2020
    
    Date: 12-06-2020
    Business: In view of extension of Lockdown period case is adjd. to 07.08.2020
    Next Purpose: C/S  HEARING
    Next Hearing Date: 07-08-2020
    
    Date: 07-08-2020
    Business: Adjourned due to Covid-19.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 11-09-2020
    
    Date: 11-09-2020
    Business: Due to Covid 19
    Next Purpose: C/S  HEARING
    Next Hearing Date: 04-12-2020
    
    Date: 11-09-2020
    Business: Due to Covid 19
    Next Purpose: C/S  HEARING
    Next Hearing Date: 04-12-2020
    
    Date: 11-09-2020
    Business: Due to Covid 19
    Next Purpose: C/S  HEARING
    Next Hearing Date: 04-12-2020
    
    Date: 04-12-2020
    Business: None present for Plaintiffs.
    None present for Defendants.
    It seems that due to Corona pandemic, parties are absent, hence case is adjourned to  18/02/2021 for Chamber summons hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 18-02-2021
    
    Date: 18-02-2021
    Business: Adv Mr. Kaustubh Patil for plff present.
    None present for deft.
    Heard arguments of advocate for the plff in CS No.1387/19.
    Matter is adjd. for argument of Deft / order to 25.02.2021.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 25-02-2021
    
    Date: 25-02-2021
    Business: Adv Mr. Kaustubh Patil for plff present.
    Adv Mr. Vijay Dubey for deft present.
    Argument heard of both the sides.
    F.R.S.R. following order is passed on Ch/s No.1387/2019
                        ORDER
    Chamber Summons NO.1387/2019 is allowed in terms of its prayer clause (a).
    Plaintiff to carry out the amendment as per the schedule within two weeks from today and shall serve the copy on the defendant of the amended plaint.
                       -----
    Matter is adjd. for NM reply to 15.03.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 15-03-2021
    
    Date: 25-02-2021
    Business: Adv Mr. Kaustubh Patil for plff present.
    Adv Mr. Vijay Dubey for deft present.
    Argument heard of both the sides.
    F.R.S.R. following order is passed on Ch/s No.1387/2019
                        ORDER
    Chamber Summons NO.1387/2019 is allowed in terms of its prayer clause (a).
    Plaintiff to carry out the amendment as per the schedule within two weeks from today and shall serve the copy of amended plaint on the defendant.
                       -----
    Matter is adjd. for compliance and NM reply to 15.03.2021.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 15-03-2021
    
    Date: 15-03-2021
    Business: Adv Ms. Indira Labde for plff present and seeks time to serve copy of amended plain on the deft.
    None present for deft.
    Matter is adjd .for service of amended plaint and NM reply to 09.04.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 09-04-2021
    
    Date: 09-04-2021
    Business: Adv Smt. Labdhe for plff present and mentioned the matter in the morning session. She seeks adjournment beyond Summer Vacation. Matter is on the board of afternoon session hence, KB.
    LO.
    None present for deft.
    Considering the present Pandemic Condition and SOP issued by Hon’ble High Court, matter adjourned at same stage beyond summer vacation.
    Matter is adjd. for NM reply to 25.06.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 25-06-2021
    
    Date: 25-06-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 01-09-2021
    
    Date: 25-06-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 01-09-2021
    
    Date: 01-09-2021
    Business: Adv Mr. Aditya Lele for plff present and served the copy of amended plaint on the adv for the deft in the Court today.
    Adv Mr. Vijay Dubey for deft present and seeks time to file NM reply and written statement.
    Matter is adjd. for NM reply and WS to 27.09.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 27-09-2021
    
    Date: 27-09-2021
    Business: None present for plff.
    Adv Mr.Vijay Dubey for deft present.
    Plaint at Exh.1.
    Vakalatnama of Adv for the plff at Exh.2.
    Memorandum of address of the plff at Exh.3.
    List of documents at Exh.4
    Adv. for deft filed WS at Exh.5. He also produced 12 documents with list Exh.6. He seeks time to file registered address of deft. O-Time granted till next date. He submitted that copy of amended NM is not served on deft till date.
    Matter is adjd. for NM reply to 16.11.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-11-2021
    
    Date: 16-11-2021
    Business: Plff present in person and seeks adjournment by submitting that her advocate is unable to attend this court today and she herself is not feeling well.
    None present for deft.
    On request of the plff, matter is adjd. for 20.12.2021.
    Judge
    L.O.at 3.50 p.m.
    Adv Mr. V.R. Dubey for deft present and filed memorandum of address of the deft.at Exh.7.
    Already adjd. to 20.12.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 20-12-2021
    
    Date: 20-12-2021
    Business: Court is on Leave.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 11-02-2022
    
    Date: 11-02-2022
    Business: Due to Covid-19, matter is adjd.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 22-04-2022
    
    Date: 11-02-2022
    Business: Due to Covid-19, matter is adjd.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 22-04-2022
    
    Date: 22-04-2022
    Business: None present for plff.
    Adv Mr. Vijay Dubey present for deft. and submitted that NM No.2621/2019 is not served on the deft till date by the plff.
    As nobody is present for the plff, said NM be kept for order.
    Matter is adjd. for NM order to 06.07.2022.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 06-07-2022
    
    Date: 06-07-2022
    Business: None present.
    ORDER BELOW NM NO.2621/2019
    1. Read the roznama dated 2204.202 THE ROZNAMA DATED 22.04.2022. Copy of NM is not served on the defendant.  The plaintiff failed to take steps.  Today also the plaintiff is absent. Hence, NM is keptfor dismissal.
    Matter adjd to 14.09.2022 for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 14-09-2022
    
    Date: 14-09-2022
    Business: None present for both sides.
    KB for orders.
    LO at 03.40 pm
    None present for both sides.
    KB for orders.
    LO at 03.40 pm
    Adv. for plaintiff present.
    KB for orders.
    LO at 04.40 pm
    None present for both sides.
    KB for orders.
    LO at 05.30 pm
    None present for both sides. Read the last roznama dated 06.07.2022, plaintiff failed to take steps, hence, NM No.2621/19 is dismissed in default.
    Matter adjd to 02.12.2022 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 02-12-2022
    
    Date: 02-12-2022
    Business: None present.
    Matter adj. to 04.03.2022 for draft issues.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 04-03-2023
    
    Date: 04-03-2023
    Business: HHJ is on leave.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 13-06-2023
    
    Date: 13-06-2023
    Business: None for plaintiff
    None for defendant
    Matter is adjd.to  10-08-2023 for draft issues.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 10-08-2023
    
    Date: 10-08-2023
    Business: None for plaintiff.
    None for defendant
    Matter is adjd.to 07-10-2023 for draft issue.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 07-10-2023
    
    Date: 07-10-2023
    Business: None for plaintiff.
    None for defendant
    Matter is adjd.to 14-12-2023 for draft issue.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 14-12-2023
    
    Date: 14-12-2023
    Business: Court is on leave.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 24-01-2024
    
    Date: 24-01-2024
    Business: None for Plaintiff present.
    None for defendant present.
    Issues are marked Exh. 8
    Matter stands adjourned on 28/03/2024 for evidence of plaintiff.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 28-03-2024
    
    Date: 28-03-2024
    Business: None for Plaintiff present.
    None for defendant present.
    Later on at 11.37 am.
    Advocate Vijay Dubey for defendant present.
    Matter stands adjourned on 24.07.2024 for evidence of plaintiff.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 24-07-2024
    
    Date: 24-07-2024
    Business: None for plaintiff present.
    None for defendant present.
    Keep Back. Later on.
    Adv. Vijay Dube for defendant present.
    The roznama dated 22/04/2022, 06/07/2022, 14/09/2022, 02/12/2022, 13/06/2023, 10/08/2023, 07/10/2023, 24/01/2024, 28/03/2024 reflects that plaintiff and his Adv. are absent. Notice of Motion bearing No.2621/2019 was dismissed in default on 14/09/2022. Since then for almost two years plaintiff has not taken any steps for proceeding with the suit. It appears that plaintiff is not interested in proceeding with case. Hence, matter posted for dismissal order.
    Matter stands adjourned on 30/07/2024 for dismissal order.
    Next Purpose: DISMISSAL
    Next Hearing Date: 30-07-2024
    
    Date: 30-07-2024
    Business: None for plaintiff present.
    Adv. Vijay Dube for defendant present.
    Keep Back.
    Later On. 12.10 PM
    None for plaintiff present.
    Adv. Vijay Dube for defendant present.
    Later On. 05.00 PM
    None for plaintiff present.
    SUIT IS FIXED FOR DISMISSAL ORDER. FOLLOWING ORDER IS PASSED BELOW EXHIBIT-1.
                      Roznama reveals that the plaintiff has not taken any steps for proceeding with this suit since long. Case is fixed for dismissal order. Today also the plaintiff and advocate for plaintiff are absent. It appears that the plaintiff is not interested in proceeding with this suit. Hence, following order -
                                   ORDER
    1. Suit No.1936/2019 is dismissed in default and for want of prosecution.
    2. Proceeding of Suit No.1936/2019 is closed.
    Proceeding in this suit are closed being dismissed in default and for want of prosecution.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 30-07-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 106834/2019
    Filing Date: 24-06-2019
    First Hearing Date: 25th July 2019
    Decision Date: 30th July 2024
    Court Number And Judge: 65-COURT 65 ADDL SESSIONS JUDGE

    Orders

    3
    Final Order 2
    30 Jul 2024
    Order Details: Other
    Pdf Text: Daily Status
    IN THE COURT OF :COURT 65 ADDL SESSIONS JUDGE
    Case No. :SUIT/0101936/2019
    Surekha Jeevan Gaikwad Vs Saniullah Eshanullah Khan
    Date : 30-07-2024
    Business : None for plaintiff present. Adv. Vijay Dube for defendant
    present. Keep Back. Later On. 12.10 PM None for plaintiff
    present. Adv. Vijay Dube for defendant present. Later On.
    05.00 PM None for plaintiff present. SUIT IS FIXED FOR
    DISMISSAL ORDER. FOLLOWING ORDER IS PASSED
    BELOW EXHIBIT-1. Roznama reveals that the plaintiff has
    not taken any steps for proceeding with this suit since long.
    Case is fixed for dismissal order. Today also the plaintiff and
    advocate for plaintiff are absent. It appears that the plaintiff is
    not interested in proceeding with this suit. Hence, following
    order - ORDER 1. Suit No.1936/2019 is dismissed in default
    and for want of prosecution. 2. Proceeding of Suit
    No.1936/2019 is closed. Proceeding in this suit are closed
    being dismissed in default and for want of prosecution.
    Nature of Disposal : DISMISSED IN DEFAULT
    Disposal Date : 30-07-2024
    -- 1 of 1 --
    Interim Order 1Full order available
    24 Jan 2024

    Order Details: Other Pdf Text: S.C.Suit No.1936-2019 1 Ex.8- Issues IN THE BOMBAY CITY CIVIL COURT AT GR. BOMBAY S. C. SUIT NO.1936 of 2019 Exhibit-8 Surekha Jeevan Gaikwad ].. Plaintiff. Versus Samiullah Eshanullah Farooqi ].. Defendant. CORAM : HIS HONOUR JUDGE R. R. BHAGWAT COURT ROOM NO.65 DATE : 24th January , 2024 ISSUES 1. Does the plaintiff prove that the suit premises is allotted to her as per allotment letter dated 15.02.1992 and agreement dated 13.02.1992 issued by…

    Read Full Order
    Order 1Full order available
    24 Jan 2024

    Order Details: Other Pdf Text: S.C.Suit No.1936-2019 1 Ex.8- Issues IN THE BOMBAY CITY CIVIL COURT AT GR. BOMBAY S. C. SUIT NO.1936 of 2019 Exhibit-8 Surekha Jeevan Gaikwad ].. Plaintiff. Versus Samiullah Eshanullah Farooqi ].. Defendant. CORAM : HIS HONOUR JUDGE R. R. BHAGWAT COURT ROOM NO.65 DATE : 24th January , 2024 ISSUES 1. Does the plaintiff prove that the suit premises is allotted to her as per allotment letter dated 15.02.1992 and agreement dated 13.02.1992 issued by…

    Read Full Order

    TrustJury presents public court-record information for legal discovery and reference. Record availability and detail can vary by source and case.