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SUIT - SHORT CAUSE CIVIL SUIT

Gulam Sarwar Khan +5 moreVsThe State of Maharashtra +1 more

CNR MHCC0100715820199-COURT 09 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DECREED
Decision Date: 07th February 2024

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
102204/2019
Registration Date
01 Aug 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    8

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 22-08-2019
    Business: Adv. Kunal Thakkar  for the Plaintiff present.
    None for the defendant.
    Issue letter of request and writ of summons to defendant.
    Matter is adjd. to 18/11/2019 for writ of summons.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 18-11-2019
    
    Date: 18-11-2019
    Business: Adv. Revti Shahu for plaintiff present.
    She seeks adjournment filing affidavit of service.
    None from defendant.
    Adjd to 06/02/2020 for proof of service.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 06-02-2020
    
    Date: 06-02-2020
    Business: Adv. Varum Sampat for Plaintiff is present.  He filed letter of request.
    Exh.1 Plaint.
    Exh.2 Vakalatnama/P in plaint.
    Exh.3 Memo of address in plaint.
    Exh. 4 Adv. Kudalkar for defendant no.1 is present.  He filed  w/s . t.o.r.
    Adv.Chandrmore for defendant no.2 is present.
    Matter is adjd.  for w/s of to .  03/04/2020.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 03-04-2020
    
    Date: 03-04-2020
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 17-04-2020
    
    Date: 17-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 06-05-2020
    
    Date: 06-05-2020
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 28-05-2020
    
    Date: 28-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 15-06-2020
    
    Date: 15-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 08-10-2020
    
    Date: 08-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 16-01-2021
    
    Date: 16-01-2021
    Business: Adv. Mr. Sidhiqui h/f Adv. Sharma for the plaintiff.
    None for defendants.
    Defendant no.2 has failed to file WS. Hence, the suit to proceed without WS against defendant no.2.
    Matter is adjd. to 06/04/2021 for filing  draft issues.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 06-04-2021
    
    Date: 06-04-2021
    Business: Due to SOP only urgent matter  are taken up. Hence, the Board is
    discharged.
    Matter is adjd. to 01.07.2021 for draft issues.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 01-07-2021
    
    Date: 01-07-2021
    Business: Due to COVID-19 pandemic.
    Matter is adjourned.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 23-08-2021
    
    Date: 23-08-2021
    Business: court is on leave
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 12-11-2021
    
    Date: 12-11-2021
    Business: court is on leave
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 21-12-2021
    
    Date: 21-12-2021
    Business: None present from Plff.
    Adv. Chandra More for BMC present.
    Matter is adjd. to 31-03-2022
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 31-03-2022
    
    Date: 31-03-2022
    Business: As Court time is over.
    Matter is adjd. to 27-06-2022 for framing issues.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 27-06-2022
    
    Date: 27-06-2022
    Business: court is on leave
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 25-08-2022
    
    Date: 25-08-2022
    Business: As Court is busy in dictating order in Stamp No. 11395/21 and NM No.1766/20 in suit 3053/2013, Hence board is discharged.
    Matter is adjd. to 19.10.2022 for draft issues.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 19-10-2022
    
    Date: 19-10-2022
    Business: court ison leave
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 22-12-2022
    
    Date: 22-12-2022
    Business: Court is on leave. Hence, board is discharged.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 17-02-2023
    
    Date: 17-02-2023
    Business: None present for plaintiff.
    Adv. Chandramore for defendant/BMC present.
    Matter is adjourned to 10.04.2023 for draft issues.
    LO at 1.26 pm.
    Adv. Siddiqui for plaintiff present and submitted that draft issues are already filed. Hence, Matter is adjourned to 10.04.2023 for framing issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 10-04-2023
    
    Date: 10-04-2023
    Business: Adv. Sapna Sharma for plaintiff present.
    Adv. Chandramore for defendant/BMC present.
    As Court is busy dictating Judgment in Supreme Court Time Bound matter i.e. Suit No. 1404/2017. Hence, Matter is adjourned to 11.07.2023 for Framing issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 11-07-2023
    
    Date: 11-07-2023
    Business: None present for the plaintiff.
    Adv. Ms. Priyanka Gaonkar h/f Adv. Martina Sakpal for defendant No.1/State is present.
    Issues framed. It is marked at Exh. 05.
    Matter is adjourned to 01.08.2023 for filing affidavit of documents.
    Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
    Next Hearing Date: 01-08-2023
    
    Date: 01-08-2023
    Business: None present for both the sides.
    Matter is adjourned to 30.08.2023 for filing affidavit of documents.
    LO at 01:36 pm.
    Adv. Ms. Chandramore for defendant No. /BMC is present.
    Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
    Next Hearing Date: 30-08-2023
    
    Date: 30-08-2023
    Business: None present for the plaintiff.
    Adv. Ms. Priyanka Gaonkar h/f Adv. Martina Sakpal for defendant No.01/State is present.
    Adv. Ms. Chandramore for defendant No.2/BMC is present.
    Matter is adjourned to 13.09.2023 for filing affidavit of evidence.
    LO at 12:11 pm.
    The plaintiff is present.
    Adv. Mr. Siddhiqui h/f Adv. Sapna Sharma for the plaintiff is present and filed the affidavit of evidence. TOR. It is marked at Exh. 06. O- R&R. He also filed list of documents. TOR. It is marked at Exh. 07. O- Other side to say on exhibition of documents. He undertakes to supply copies to other side.
    Matter is adjourned to 13.09.2023 for admission and denial/R/E.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 13-09-2023
    
    Date: 13-09-2023
    Business: None present for the plaintiff.
    Adv. Mr. Amit Kapse for defendant No.1/ State is present.
    Adv. Ms. Chandramore for defendant No.2/BMC is present.
    KB LO at  12:12 pm.
    Adv. Mr. Siddhiqui for the plaintiff is present and supplied copy of compilation of documents to the other side.
    Adv. for defendant Nos. 1 and 2 endorsed say on list of documents.
    Matter is adjourned to 29.09.2023 for admission and denial.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 29-09-2023
    
    Date: 29-09-2023
    Business: None present for the plaintiff.
    Adv. Ms. Priyanka Gaonkar h/f Adv. Martina Sakpal for defendant Nos.1/State is present.
    Adv. Ms. Chandramore for defendant No.2/BMC is present.
    Perused say filed by defendant Nos. 1 and 2 to the list of documents The following documents are marked at exhibits:
    Power of Attorney dtd. 10.12.2018. It is marked at Exh. 08.
    Missing complaint dtd. 05.05.2008. It is marked at Exh. 09. Colly.
    Letter dtd. 10.05.2019. from V.B. Nagar police station. It is marked at Exh. 10.
    Matter is adjourned to 05.10.2023 for R/E.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 05-10-2023
    
    Date: 05-10-2023
    Business: None present for the plaintiff.
    Adv. Ms. Priyanka Gaonkar h/f Adv. Martina Sakpal for defendant No.1/State is present.
    Adv. Mr. Pradip Patil h/f Adv. Chandramore for defendant No.2 /BMC is present.
    Matter is adjourned to 23.10.2023 for R/E.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 23-10-2023
    
    Date: 23-10-2023
    Business: None present for the plaintiff.
    Adv. Ms. Priyanka Gaonkar h/f Adv. Martina Sakpal for defendant No.1/State is present.
    Adv. Ms. Chandramore for defendant No.2/BMC is present.
    On perusal of roznama it appears that matter is pending for filing affidavit of evidence of plaintiff since many dates. However, plaintiff is not appearing and leading evidence. Hence, plaintiff is directed to proceed with the matter on next date positively, failing which further order will follow.
    Matter is adjourned to 20.11.2023 for R/E.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 20-11-2023
    
    Date: 20-11-2023
    Business: None present for the plaintiff.
    Adv. Ms. Priyanka Gaonkar h/f Adv. Martina Sakpal for defendant No.1/State is present.
    Adv. Ms. Chandramore for defendant No.2/BMC is present.
    The plaintiff is absent when matter called out. On perusal of roznama it appears that matter is posted for recording evidence of plaintiff. However, plaintiff is not adduced evidence. Hence, plaintiff is directed to proceed with the matter positively.
    Matter is adjourned to 22.01.2024 for R/E.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 22-01-2024
    
    Date: 22-01-2024
    Business: Witness is present.
    Adv. Mr.Siddhique  h/f Adv. Sharma for the plaintiff is present.
    Adv. Mr.Krishna Yadav h/f Adv. Martina Sakpal for defendant no.1/State is present.
    Matter is adjourned to 29.01.2024 for R.E.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 29-01-2024
    
    Date: 29-01-2024
    Business: Adv. Mr.Siddiqui for the plaintiff is present.
    Adv. Mrs.Priyanka Gaonkar h/f Adv. Martina Sakpal for defendant no.1/State is present.
    Adv. Mrs.Chandramore  for defendant no.2/BMC is present.
    KB LO At.12.40 pm
    Cross-examination of PW-1 Mr.Gulam Sarwar Khan  commenced and completed by advocate for Defendants.
    Adv. for plaintiff filed evidence closed pursis marked at Exh-11
    Heard argument of ld adv. for both sides.
    Matter is adjourned to 07.02.2024 for Judgment.
    Next Purpose: JUDGMENT
    Next Hearing Date: 07-02-2024
    
    Date: 07-02-2024
    Business: None for the plaintiff.
    Adv. Mr.Krishna Yadav h/f Adv. Martina Sakpal for defendant no.1/State is present.
    Adv. Mrs.Chandramore for defendant/BMC is present.
    Judgment is dictated and pronounced in open Court.
    The Judgment is marked at Exhibit-
    F.R.S.R. the following Order is passed on Suit No. 2204 of 2019.
    -O R D E R -
    1. The  suit is hereby decreed.
    2. It is hereby declared that the father of the plaintiffs Shri. Ghulam Mohammed Ghulam  Jilani Khan is not being heard of for more than last seven years and he is Civil Dead.
    3. The defendants are directed to register the death of Shri. Ghulam Mohammed Ghulam Jilani Khan and to issue death certificate accordingly.
    4. No order as to costs of the suit.
    5. Decree be drawn up accordingly.
    6. The original documents, if any, be returned to the plaintiff after the appeal period is over.
    7.The suit stands disposed of accordingly.
    Nature Of Disposal: DECREED
    Disposal Date: 07-02-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 107646/2019
    Filing Date: 11-07-2019
    First Hearing Date: 22nd August 2019
    Decision Date: 07th February 2024
    Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    07 Feb 2024

    Order Details: Copy of Judgment Pdf Text: 1 Lodged on : 11.07.2019 Registered on : 01.08.2019 Decided on : 07.02.2024 Duration : 04 Y : 06 M : 27 D EXHIBIT-12 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY SUIT NO. 2204 OF 2019 (C.N.R. NO. MHCC01-007158-2019) 1. Gulam Sarwar Khan ] Age 63 years, Occ. : Service ] R/a. : Room No.04, Fakku Manzil ] 1st floor, 135, Maulana Shaukat Ali ] Road, Two Tank, Mandvi, ] Mumbai –…

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