Order Details: Other Pdf Text: EXHIBIT- 07 IN THE BOMBAY CITY CIVIL COURT AT GREATER MUMBAI L.C. SUIT NO. 2430 OF 2018 Gulshan Khatun Shoeb Shaikh. ].. Plaintiff. V/s Mohammed Farid Shoeb Shaikh and Ors. ].. Defendants. CORAM : HER HONOUR JUDGE A. V. KASTURE (C.R. No. 09). DATE : 13th FEBRUARY, 2025 I S S U E S 1. Whether the plaintiff proves that she and her children are the legal heirs of deceased Mr. Shoeb Shirajul Shaikh and…
SUIT - SHORT CAUSE CIVIL SUIT
Gulshan Khatun Shoeb SahikhVsMohammed Farid Shoeb Shaikh +9 more
CNR MHCC0100686220189-COURT 09 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 21st June 2025
TrustJury record updated 13 Sept 2026
Case Overview
- Registration Number
- 102430/2018
- Registration Date
- 07 Sept 2018
Advocates
1For Petitioner
For Respondent
Not available
Parties
11Acts & Sections
1Hindu Marriage Act · Sec 34 and 37
Case History / Proceedings
Case History
Date: 02-11-2018
Reason For Adjournment: court time is over
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 18-01-2019
Date: 18-01-2019
Business: Adv. Darryl P. Barretto for plaintiff present and tendered draft NM alongwith affidavit in support.
O- Leave granted to register it.
Adv. Om Suryavanshi for defendant no.9 present. Ld. Advocate for the plaintiff is permitted to correct serial numbers of the defendants in the title clause of plaint.
Advocate for plaintiff seeks time to serve defendant nos.1 to 8 and 10 afresh. O- Allowed.
Suit is adjd. for service on defendants except defendant no.9 and for NM reply to 13.02.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-02-2019
Date: 13-02-2019
Business: Adv. Bareto with Adv. Kapil Zodge for plaintiff present and seeks extension of time to effect service of writ of summons on defendants. O- Allowed.
Adjd. to 15.03.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-03-2019
Date: 15-03-2019
Business: Adv. D.P. Bareto for plaintiff present and prayed for extension of time to serve Writ of Summons upon defendants except defendant no.9/BMC. O- Time granted.
Adjourned to 04.07.2019 for service.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-07-2019
Date: 04-07-2019
Business: Adv. Priya Patil for the Plaintiff present.
Adv. Vasave for Defendant nos. 1 to 6 present.
Adv. Suryawanshi for MMC/Defendant No. present
The Court is busy in hearing arguments and orders in other matters on board. Hence board discharged.
Matter is adjd. to 9.10.2019
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-10-2019
Date: 09-10-2019
Business: Adv. Mr. Pareto for the Plaintiff present.
Adv. Gawde for Defendant-1 to 6 present.
Adv. Ms. Chandramore for BMC/Defendant no. 9 present and she undertakes to file Vakalatnama on next date.
Original registered N/M No. 2868/19 alongwith affidavit in support tendered by the Plaintiff. t.o.r.
Affidavit of service tendered by the Plaintiff. t.o.r.
Vakalatnama tendered by Defendant-1 to 6. t.o.r. O-filed.
Defendant 7, 8 and 10 though duly served with writ of summons, failed to appear. Hence exparte order is passed against Defendant nos. 7, 8 and 10
It is submitted that Defendant nos. 1 to 6 have not received copy of N/M.
Matter is adjd. to 25.11.2019 for reply to N/M/ passing no WS order against Defendant nos. 1 to 6 and 9.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-11-2019
Date: 25-11-2019
Business: Adv.Baretto for plaintiff is present.
Adv.Sushil Matkar for defendant No.1 to 6 is present, he tendered draft NM along with affidavit in support. Leave to register is granted.
Matter adj for NM reply to 11.02.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-02-2020
Date: 11-02-2020
Business: Court is busy in N/M hearing of suit no.554/2011, 1829/2013 and adinterim hearing in suit no. 389/2020, 390/2020, 391/2020, 392/2020 and 393/2020. Hence, board is discharged.
Matter is adjd. for N/M reply to 17/04/2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-04-2020
Date: 17-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-05-2020
Date: 06-05-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-05-2020
Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-06-2020
Date: 15-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-09-2020
Date: 22-09-2020
Business: Due to Lockdown because of Covid-19, board is discharged and
as per SOP only urgent matters are taken up.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-01-2021
Date: 16-01-2021
Business: Both the parties and their advocates are absent.
Matter is adjd. to 19/03/2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-03-2021
Date: 19-03-2021
Business: Adv.Vijay for plaintiff.
Adv.Vora for defendant no.1 to 6.
On oral request of adv. for the plaintiff matter is adjd. to 18.06.2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-06-2021
Date: 18-06-2021
Business: Due to COVID-19 pandemic.
Matter is adjourned.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-08-2021
Date: 06-08-2021
Business: Court is on leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-09-2021
Date: 28-09-2021
Business: As Court is busy in dictating order in NM No.1792/2021 (SU No.1568/2019) and hearing in SU No.1819/2021. Hence, board is discharged.
Matter is adjd. to 09/12/2021 for reply-rejoinder.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-12-2021
Date: 09-12-2021
Business: Adv Chandramore present for the corporation.
Matter is adjd. to 05.02.2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-02-2022
Date: 05-02-2022
Business: Due to SOP only urgent matters are taken up.
Matter is adjd. to 25.04.2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-04-2022
Date: 25-04-2022
Business: Defendant Mohammed Farid Shoeb Shaikh present.
None present for plaintiff
Matter is adjd. to 28-07-2022 for N/m reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-07-2022
Date: 28-07-2022
Business: court is on leave
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-09-2022
Date: 12-09-2022
Business: Court is busy in dictating order in NM No. 2052/12 in suit No. 1543/2012 and NM No.3219/2021 in suit No. 2414/2021.
Hence board is discharged.
Matter is adjd. to 03.11.2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-11-2022
Date: 03-11-2022
Business: None present for plaintiff.
Adv. Aditya Mandavkar h/f Adv. Suhsil Matkar for defendant 1 to 6 present and seeking time to file reply. Time granted.
Matter is adjd. to 03.01.2023 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-01-2023
Date: 03-01-2023
Business: None present for plaintiff.
Adv. Chandramore for defendant no.10/BMC present.
Adv. Aditya Mandavkar h/f Adv. S.C. Matkar for defendant nos. 1 to 6 present and seeking time for filing reply. Time granted.
Matter is adjourned to 17.02.2023 for Notice of Motion Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-02-2023
Date: 17-02-2023
Business: None present for plaintiff.
Defendant No. 1 present.
Adv. Forum B. Prajapati for defendant Nos. 1 to 6 present and submitted that short time be given to register Notice of Motion and seeks time to file reply to Notice of Motion. Time extended to register Notice of Motion.
Adv. Chandramore for defendant/BMC present.
Matter is adjourned to 10.04.2023 for Notice of Motion reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-04-2023
Date: 10-04-2023
Business: None present for plaintiff.
Defendant No. 1 present.
Adv. Disha Chourasiya for defendant Nos. 1 to 6 present and filed registered NM No.1036/23 alongwith affidavit in support.
Matter is adjourned to 05.07.2023 for Notice of Motion reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-07-2023
Date: 05-07-2023
Business: None present for the plaintiff.
Adv. Ms. Disha Chaurasiya for defendant is present.
Adv. Mr. Sagare for defendant No.8/SRA is present.
On perusal of roznama it appears that plaintiff is absent in since long back. No steps are taken into the matter since many dates. Hence, matter is kept for dismissal Order.
Matter is adjourned to 19.08.2023 for dismissal Order.
Next Purpose: DISMISSAL
Next Hearing Date: 19-08-2023
Date: 19-08-2023
Business: None present for the plaintiff.
Defendant No. 1 is present.
Adv. Mr. Onkar Mayekar for defendant Nos. 1 to 6 is present.
The following Order is passed on NM No. 1036/2023:
Defendant Nos. 1 to 6 have taken out present NM for condonation of delay of 71 days in filing WS. No reply has been filed by plaintiff to the said NM till today. Heard ld. advocate for defendants. Considering the grounds delay caused in filing WS needs to be condoned in the interest of justice. Hence, I proceed to pass following Order:
ORDER
1. Notice of Motion No. 1036 of 2023 is hereby allowed.
2. Delay for filling written statement stands condoned and
defendant are allowed to file written statement on record.
3. Notice of Motion No. 1036 of 2023 stands disposed of
accordingly.
Adv. for defendant Nos. 1 to 6 filed WS. TOR. It is marked at Exh.06 O- R&R.
It is submitted by ld. advocate for defendant Nos. 1 to 6 that since many dates plaintiff is not appearing and proceeding with the matter and therefore, matter be dismissed. On perusal of roznama it appears that plaintiff is not appearing and proceeding with the matter since many dates. Hence, plaintiff NM No. 2868/2019 is hereby dismissed in default of plaintiff.
Matter is adjourned to 30.10.2023 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 30-10-2023
Date: 30-10-2023
Business: None present for plaintiff.
Adv. Ms. Disha Chourasia for defendant no.1 to 6 is present.
Matter is adjourned to 29.01.2024 for Draft Issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 29-01-2024
Date: 29-01-2024
Business: None for the plaintiff.
Adv. Mangesh Shinde for defendant no.1 to 6 is present and he seeks time to submit draft issue.
Adv. Mrs.Chandramore for defendant no.9/BMC is present.
Matter is adjourned to 20.03.2024 for Draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 20-03-2024
Date: 20-03-2024
Business: None for the plaintiff.
Adv. Mr. Mangesh Shinde for defendant No.1 to 6 is present.
Adv. Mr.Sunil Kahndagale for defendant/BMC is present.
Adv. for defendant no.1 to 6 submitted draft issues.
Matter is adjourned to 25.06.2024 for Draft issues by plaintiff.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 25-06-2024
Date: 25-06-2024
Business: As Court is busy in recording evidence in Suit No.7130 of 1997. Hence, board is discharged and matter is adjourned to 30.07.2024 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 30-07-2024
Date: 30-07-2024
Business: None for the plaintiff.
Adv. Ms. Disha Chauhan for defendant is present.
Matter is adjourned to 21.09.2024 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 21-09-2024
Date: 21-09-2024
Business: As the Court is on leave today. Hence board is discharged and matter is adjourned to
Next Purpose: DRAFT ISSUES
Next Hearing Date: 08-11-2024
Date: 08-11-2024
Business: As the Court is on leave today. Hence board is discharged and matter is adjourned to
Next Purpose: DRAFT ISSUES
Next Hearing Date: 21-12-2024
Date: 21-12-2024
Business: None present for plaintiff.
Adv.Mayekar for defendant Nos.1 to 6 present.
Adv.Rahul Rathod for BMC/defendant present.
Plaintiff has not filed draft issues hence, matter is kept for framing of issues.
Matter is adjourned to 13/02/2025 for framing of issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 13-02-2025
Date: 13-02-2025
Business: None present for plaintiff.
Adv. Disha Chaurasia present for defendant no. 1 to 6.
Advocate Rahul Rathod for defendant no. 9/BMC present.
None present for other defendants.
Issues are framed at Exh. 7.
I S S U E S
1. Whether the plaintiff proves that she and her children are the
legal heirs of deceased Mr. Shoeb Shirajul Shaikh and in
possession of Room No. 92/92A, Janata Sevak Society, Pais
Street, Tank Pakhadi, Mumbai- 400 011 ?
2. Whether the plaintiff proves that she and her children have undivided share, right and interest in Room No. 92/92A, Janata Sevak Society, Pais Street, Tank Pakhadi, Mumbai- 400 011 ?
3. Whether the plaintiff is jointly entitled along with defendant
Nos. 1 and 2 to receive Permanent Alternate Accommodation as claimed ?
4. Whether the plaintiff is entitled for monthly compensation as claimed ?
5. Whether the plaintiff is entitled for declaration as claimed ?
6. Whether the plaintiff is entitled for permanent injunction
against the defendants from interfering in her peaceful possession
of Permanent Alternate Accommodation as claimed ?
7. What order and decree ?
Matter is adjourned for witness list/evidence of plaintiff/RE to 15/03/2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-03-2025
Date: 15-03-2025
Business: None present for plaintiff.
Adv. Disha Chaurasiya for defendant no. 1 to 6.
Adv. S. R. Yadav h/f Advocate Rahul Rathod for defendant no. 9/BMC present.
Plaintiff to remain present on the next date without fail and lead evidence.
Matter is adjourned for evidence of plaintiff/RE/necessary order to 05/04/25.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-04-2025
Date: 05-04-2025
Business: None present for plaintiff.
Advocate Disha Chaurasiya for defendant no. 1 to 5 present.
Advocate Rahul Rathod for defendant no. 9/BMC present.
As plaintiff and his advocate are absent since long, Matter is adjourned to 19/04/25 for necessary order.
Next Purpose: ORDER
Next Hearing Date: 19-04-2025
Date: 19-04-2025
Business: None present for plaintiff.
Adv. S. R. Yadav h/f Adv. Rahul Rathod for defendant/BMC present.
Advocate Omkar for defendant no. 1 to 6 present.
As plaintiff and his advocate are absent, Matter is adjourned to 21/06/25 for dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 21-06-2025
Date: 21-06-2025
Business: Matter is called out at 11.51 am.
None present for plaintiff.
Adv. Disha Chaurasiya present for defendant no. 1 to 6.
Advocate Rahul Rathod for defendant/BMC present.
KB LO at 03.30 pm.
None present for plaintiff.
The present matter is of the year 2018. Record shows that, plaintiff is continuously absent form 03/11/2022. Record further shows that, issues were framed on 13/02/25 and it was adjourned for plaintiff’s evidence. Thereafter matter was adjourned for three dates for palintiff evidence; plaintiff and his advocate remain absent and this court fix matter of dismissal order. Thus, it clearly indicates that, plaintiff is not interest to proceed with the matter. Hence, suit is dismissed for want of prosecution.
Nature Of Disposal: DISMISSED
Disposal Date: 21-06-2025Additional Case Details
Additional Case Details
Filing Number: 107500/2018 Filing Date: 07-06-2018 First Hearing Date: 02nd November 2018 Decision Date: 21st June 2025 Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE
Orders
4Final Order 121 Jun 2025
21 Jun 2025
Order Details: Other Pdf Text: Daily Status IN THE COURT OF :COURT 09 ADDL SESSIONS JUDGE Case No. :SUIT/0102430/2018 Gulshan Khatun Shoeb Sahikh Vs Mohammed Farid Shoeb Shaikh Date : 21-06-2025 Business : Matter is called out at 11.51 am. None present for plaintiff. Adv. Disha Chaurasiya present for defendant no. 1 to 6. Advocate Rahul Rathod for defendant/BMC present. KB LO at 03.30 pm. None present for plaintiff. The present matter is of the year 2018. Record shows that, plaintiff is continuously absent form 03/11/2022. Record further shows that, issues were framed on 13/02/25 and it was adjourned for plaintiff’s evidence. Thereafter matter was adjourned for three dates for palintiff evidence; plaintiff and his advocate remain absent and this court fix matter of dismissal order. Thus, it clearly indicates that, plaintiff is not interest to proceed with the matter. Hence, suit is dismissed for want of prosecution. Nature of Disposal : DISMISSED Disposal Date : 21-06-2025 COURT 09 ADDL SESSIONS JUDGE -- 1 of 1 --
Interim Order 2Full order available
13 Feb 2025
Order 121 Jun 2025
21 Jun 2025
Order Details: Other Pdf Text: Daily Status IN THE COURT OF :COURT 09 ADDL SESSIONS JUDGE Case No. :SUIT/0102430/2018 Gulshan Khatun Shoeb Sahikh Vs Mohammed Farid Shoeb Shaikh Date : 21-06-2025 Business : Matter is called out at 11.51 am. None present for plaintiff. Adv. Disha Chaurasiya present for defendant no. 1 to 6. Advocate Rahul Rathod for defendant/BMC present. KB LO at 03.30 pm. None present for plaintiff. The present matter is of the year 2018. Record shows that, plaintiff is continuously absent form 03/11/2022. Record further shows that, issues were framed on 13/02/25 and it was adjourned for plaintiff’s evidence. Thereafter matter was adjourned for three dates for palintiff evidence; plaintiff and his advocate remain absent and this court fix matter of dismissal order. Thus, it clearly indicates that, plaintiff is not interest to proceed with the matter. Hence, suit is dismissed for want of prosecution. Nature of Disposal : DISMISSED Disposal Date : 21-06-2025 COURT 09 ADDL SESSIONS JUDGE -- 1 of 1 --
Order 2Full order available
13 Feb 2025
Order Details: Other Pdf Text: EXHIBIT- 07 IN THE BOMBAY CITY CIVIL COURT AT GREATER MUMBAI L.C. SUIT NO. 2430 OF 2018 Gulshan Khatun Shoeb Shaikh. ].. Plaintiff. V/s Mohammed Farid Shoeb Shaikh and Ors. ].. Defendants. CORAM : HER HONOUR JUDGE A. V. KASTURE (C.R. No. 09). DATE : 13th FEBRUARY, 2025 I S S U E S 1. Whether the plaintiff proves that she and her children are the legal heirs of deceased Mr. Shoeb Shirajul Shaikh and…
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