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SUIT - SHORT CAUSE CIVIL SUIT

Abdul Gafoor Nizamuddin KhanVsMCGM +2 more

CNR MHCC0100750320195-COURT 05 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 03rd July 2025

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
102265/2019
Registration Date
08 Aug 2019

Advocates

1

For Respondent

    Not available

    Parties

    4

    Acts & Sections

    1
    Hindu Marriage Act · Sec 34 · 37

    Case History / Proceedings

    Case History
    Date: 03-10-2019
    Business: Plaintiff and Adv. Mrs. Pratiksha Desai present.
    Adv. Mrs. Rawade  for defendant/MCGM present.
    K. B.
    L. O. at 12 40 p.m.
    Adv. Mr. M. H. Kazi for plaintiff present seeks time.
    Granted time.
    Matter adjd to 14/11/2019 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 14-11-2019
    
    Date: 14-11-2019
    Business: Plaintiff and Adv. Absent.
    Adv. Mrs. Rawade for defendant/MCGM present.
    Matter adjd to 12/12/2019 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 12-12-2019
    
    Date: 12-12-2019
    Business: Plaintiff and Adv. Absent.
    Adv. Mrs. Rawade  for defendant/MCGM present.
    Compliance is not yet done.
    Matter adjd to 16/01/2020 for dismissal order.
    Next Purpose: DISMISSAL
    Next Hearing Date: 16-01-2020
    
    Date: 16-01-2020
    Business: Plaintiff and advocate are absent.
    Adv. Mrs. Rawade for defendant MCGM Present.
    K. B.
    L. O. at 05.30 p.m.
    None for plaintiff.
    Mater is adjd to 13.02.2020 for order against plff.
    Next Purpose: DISMISSAL
    Next Hearing Date: 13-02-2020
    
    Date: 13-02-2020
    Business: Plaintiff and advocate absent.
    Adv. Mrs. Rawade for MCGM/deft present.
    K. B.
    L. O. at 04.00 p.m.
    Adv. Mr. Kazi for plaintiff present and filed notice of motion alongwith affidavit t.o.r.
    Order- Leave granted. Notice of motion be register.
    Matter is adjd to 05/03/2020 for reply on n.m.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 05-03-2020
    
    Date: 05-03-2020
    Business: Adv. Mr. Imran Dabir for plaintiff present.
    Adv. Mrs. Rawade for MCGM/deft present.
    Registered Notice of motion is not yet tendered.
    Matter is adjd to  31/03/2020 for reply on n.m.
    L. O. at 04.10 p.m.
    Adv. Mr. Imran Dabir for plaintiff present.
    Adv. Mrs. Rawade for MCGM/deft present.
    Registered Notice of motion is tendered.
    Matter is adjd to  31/03/2020 for reply on n.m.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 31-03-2020
    
    Date: 31-03-2020
    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
    Business: In view of extension of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 15-06-2020
    
    Date: 15-06-2020
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-07-2020
    
    Date: 17-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 10-08-2020
    
    Date: 10-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 19-09-2020
    
    Date: 19-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 09-10-2020
    
    Date: 09-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 09-11-2020
    
    Date: 09-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 07-12-2020
    
    Date: 07-12-2020
    Business: None present for plaintiff.
    Adv Suryawanshi/Nandanwar present for MCGM/defendant.
    Matter adjourned for NM reply to 07.01.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 07-01-2021
    
    Date: 07-01-2021
    Business: None present for plaintiff.
    Adv Rawade present for MCGM/defendant.
    Matter adjourned for NM reply to 03.02.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 03-02-2021
    
    Date: 03-02-2021
    Business: As court is busy in hearing urgent matter in Suit No.509/13 hence for want of time board is discharged.
    Matter adjourned for NM reply to 02.03.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 02-03-2021
    
    Date: 02-03-2021
    Business: None present for plaintiff.
    Adv Rawade present for MCGM/defendant.
    Matter adjourned for NM reply to 20.04.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 20-04-2021
    
    Date: 20-04-2021
    Business: In view of covid-19, matter is adjd. to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 06-07-2021
    
    Date: 06-07-2021
    Business: In view of Office Circular/Order 106/2021 Dt. 14-06-2021 , only urgent matters are taken, hence the remaining board is discharged hence matter is adjd. to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 22-07-2021
    
    Date: 22-07-2021
    Business: In view of Office Circular/Order 106/2021 Dt. 14-06-2021 , only urgent matters are taken, hence the remaining board is discharged, Hence matter is adjd. to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 26-08-2021
    
    Date: 26-08-2021
    Business: Adv. Imran present for plaintiff.
    Adv.  Sutar present for MCGM/defendant and he tendered affidavit in reply to the NM no. 1006/20. t.o.r.
    Matter adjourned for hearing to. 12/10/21.
    Next Purpose: HEARING
    Next Hearing Date: 12-10-2021
    
    Date: 12-10-2021
    Business: As presiding officer is on leave, hence matter is adjd. to.
    Next Purpose: HEARING
    Next Hearing Date: 23-11-2021
    
    Date: 23-11-2021
    Business: None Present For Plaintiff.
    Adv. Vyavhare @ Adv. Sutar for MCGM/defendant.
    As plaintiff and his Adv. are absent.
    Matter adjourned for NM hearing on 11-01-2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-01-2022
    
    Date: 11-01-2022
    Business: In view of the office order no. 07/2022 dated. 07/01/22 of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06/01/22 of Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge of COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s. Hence, matter is adjourned to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-03-2022
    
    Date: 24-03-2022
    Business: As presiding officer is on leave. Hence, matter is adjourned to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-04-2022
    
    Date: 29-04-2022
    Business: As presiding officer is on training at Uttan. Hence, matter is adjourned to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-07-2022
    
    Date: 06-07-2022
    Business: None Present For Plaintiff.
    Adv Smt. Kumud Soraan for defendant/MCGM present.
    Matter adjourned for NM hearing to 18-08-2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-08-2022
    
    Date: 18-08-2022
    Business: Court is busy in High Court Time Bound Matters i.e. Suit No. 216/2012 and Suit. No. 285/2020 and urgent hearing in Suit No. 2593/2010 hence, want of time board is discharged.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-10-2022
    
    Date: 04-10-2022
    Business: As court is busy in urgent matters and order. Hence remaining board is discharge. Matter is adjourned to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-12-2022
    
    Date: 01-12-2022
    Business: P.O. is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 31-01-2023
    
    Date: 31-01-2023
    Business: As Court is busy in High Court Time Bound Matter i.e. Stamp No. 510 of 2022 and orders dictating in Stamp No. 663 of 2023, Suit No. 1642 of 2019. Hence want of time board is discharged.
    Matter is adjd for NM hearing on 28-03-2023
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-03-2023
    
    Date: 28-03-2023
    Business: As presiding officer is on leave. Hence, matter is adjourned to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-06-2023
    
    Date: 27-06-2023
    Business: None for Plaintiff.
    Adv. Ms. Rawade for MCGM present.
    Matter is adjd to 19.08.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-08-2023
    
    Date: 19-08-2023
    Business: P.O. is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-10-2023
    
    Date: 19-08-2023
    Business: P.O. is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-10-2023
    
    Date: 21-10-2023
    Business: None for Plaintiff.
    Adv. Ms. Rawade for MCGM present.
    Matter is adjd  to 19.12.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-12-2023
    
    Date: 19-12-2023
    Business: None for Plaintiff.
    Adv. Ms. Rawade for MCGM present.
    Matter is adjd  to 22.02.2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-02-2024
    
    Date: 22-02-2024
    Business: None for Plaintiff.
    Adv. Vyavahare for defendant/BMC present.
    Matter is adjd  to 04.04.2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-04-2024
    
    Date: 04-04-2024
    Business: None for Plaintiff.
    Adv. Vyavahare for defendant/BMC present.
    Matter is adjd  to 04.07.2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-07-2024
    
    Date: 04-07-2024
    Business: None for Plaintiff.
    Adv. Om Suryawanshi for Defendant/MCGM present.
    Matter is adjd  to 29.08.2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-08-2024
    
    Date: 29-08-2024
    Business: None for Plaintiff.
    Adv. Chaitanya Dalvi for Defendant/MCGM present.
    Matter is adjd  to 08.10.2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-10-2024
    
    Date: 08-10-2024
    Business: None for Plaintiff.
    Adv. Chaitanya Dalvi for Defendant/MCGM present.
    Matter is adjd  to 26.11.2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-11-2024
    
    Date: 26-11-2024
    Business: None for Plaintiff.
    Adv. Chaitanya Dalvi for Defendant/MCGM present.
    Matter is adjd  to 30.01.2025 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-01-2025
    
    Date: 30-01-2025
    Business: None for Plaintiff.
    Adv. Chaitanya Dalvi for Defendant/MCGM present.
    NM No. 1006/20 is pending since long but plaintiff has failed to proceed with. Hence, notice of motion be kept for dismissal order on next date.
    Matter is adjd  to 27.02.2025 for NM dismissal.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 27-02-2025
    
    Date: 27-02-2025
    Business: None for Plaintiff.
    Adv. Chaitanya Dalvi for Defendant/MCGM present.
      Vide order Dtd. 30.01.2025 present notice of motion is kept for dismissal order and since then plaintiff and his counsel remained absent. Notice of motion is continuously kept for hearing. Therefore, taking into consideration reluctant attitude of the plaintiff, I think it that notice of motion is liable to be dismissed for want of prosecution so in the result following order is passed
       Notice of motion No. 1006 of 2020 is dismissed for want of prosecution and accordingly disposed of.
    Matter is adjd  to 17.04.2025 for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 17-04-2025
    
    Date: 17-04-2025
    Business: The P.O. is on leave hence, matter is adjd.
    Next Purpose: DISMISSAL
    Next Hearing Date: 03-07-2025
    
    Date: 03-07-2025
    Business: None for Plaintiff.
    Adv. Sachin Vajale for defendant/BMC present.
        Record and roznama shows that today matter is for dismissal order and neither plaintiffs nor his advocate remain present. Not filed any application. So it seems that the plaintiff is not interested to proceed with the suit. Hence, following order is passed -
    ORDER
    1. L. C. Suit No. 2265 of 2019 is hereby dismissed for want of prosecution.
    2. No order as to costs.
    3. Bill of costs be drawn up accordingly.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 03-07-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 107981/2019
    Filing Date: 18-07-2019
    First Hearing Date: 03rd October 2019
    Decision Date: 03rd July 2025
    Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    03 Jul 2025
    Order Details: Other
    Pdf Text: 03.07.2025 CORAM: SHRI A. D. SALUNKHE ADDL. SESSIONS JUDGE C.R.NO.5
    SU. 2265/19 None for Plaintiff.
    Adv. Sachin Vajale for defendant/BMC present.
    Record and roznama shows that today matter is for dismissal order
    and neither plaintiffs nor his advocate remain present. Not filed any
    application. So it seems that the plaintiff is not interested to proceed
    with the suit. Hence, following order is passed -
    ORDER
    1. L. C. Suit No. 2265 of 2019 is hereby dismissed for want of
    prosecution.
    2. No order as to costs.
    3. Bill of costs be drawn up accordingly.
    Judge
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