SUIT - SHORT CAUSE CIVIL SUIT

o. Abudl Rahim

CNR MHCC0100767520182-COURT 02 ADDL SESSIONS JUDGE

City Civil Court, Mumbai

Mumbai · Maharashtra (MH)

CASE DISPOSED

Uncontested--DISMISSED

Decision Date: 21st December 2019

TrustJury record updated 14 Sept 2026

Case Overview

Registration Number: 101588/2018
Registration Date: 30 Jun 2018

Advocates

For Petitioner

M/s. V. R. Tripathi and Associates

For Respondent

Not available

Parties

Petitioner

1Mohammed Naeem s/o. Abdul Rahim Qureshi

Respondent

1Mohamed Salim s/o. Abudl Rahim

Acts & Sections

Protection of Women from Domestic Violence Act · Sec Order 39

Case History / Proceedings

Case History

Date: 05-07-2018
Business: By precipe.
Adv. Tripathi for the plaintiff.
Draft Notice of Motion tendered by the Plaintiff.
 Leave granted to register .
Plaintiff is present.
Affidavit of service is filed. None appeared for the defendant.
It is submitted that plaintiff and defendant are the real brothers.
Issue notice to the defendant as to why the reliefs claimed in the N/m should not be granted. Also issue writ of summons for settlement of issues  and filing written statement.
Notice to be served through Special bailiff. Returanable on 9/7/18
 Short service is allowed.
 Adjd.for ad-interim  hearing.
Adjd to 09/07/2018 for hrg.n/m and affidavit of service.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-07-2018

Date: 09-07-2018
Business: Plff.and Adv.Mr.Mr.Tripathi for Plff.present.
Adv.for Plff.tendered original registered N/m No.2507/18 t.o.r.
Adv for Plff has filed affidavit of service t.o.r.
None appeared for defendant.
As per the report of Bailiff, the defendant has refused to accept the service of writ of summons.
Heard.
F.R.S.R.Following order is passed in N/m No.2507/2018.
Ad interim in terms of prayer clause (a) is granted till the disposal of the main Notice of Motion.
Adjd for N/m reply on 19.11.2018.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-11-2018

Date: 19-11-2018
Business: HHJ is Nominated as trainer for training on mediation hence today Board is discharged
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-01-2019

Date: 22-01-2019
Business: Adv. Tripathi for Plaintiff present.
Deft and Adv absent.
Earlier order to continue till next date.
Adj for NM reply to 26.02.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-02-2019

Date: 26-02-2019
Business: Adv. Tripathi for plaintiff present.
None present for defendant.
It seems that matter is between two brothers and possibility of settlement cannot be ruled out.  Therefore, matter is referred for mediation.   Parties are absent. Notice be issued to them to remain present before Mediator on 26.3.2019.
Adjourned for mediation report to 3.4.2019.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 03-04-2019

Date: 03-04-2019
Business: None for Plaintiff.
None for Defendant.
Adj for mediation report to 14.06.2019.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 04-05-2019

Date: 04-05-2019
Business: NOBTOB.
Ex.2 Mediation report is received.
Mediation is failed.
Already adj to 14.06.2019.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 14-06-2019

Date: 14-06-2019

Date: 29-07-2019
Business: Plff and Adv absent.
Deft and Adv absent.
Adj for NM hearing as last chance to 16.08.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-08-2019

Date: 16-08-2019
Business: Plff and Adv absent.
Deft and Adv absent.
On previous date matter was adj as last chance for NM hearing but again Plaintiff and his Adv are absent.
It seems that Plaintiff is not interested to prosecute Notice of motion. Therefore, NM No.2507/18 is dismissed in default.
Adj for directions to 01.10.2019.
Next Purpose: DIRECTIONS
Next Hearing Date: 01-10-2019

Date: 01-10-2019
Business: None present.
Issue Writ of summons for settlement of issues and filing W/S by the defendant on payment of process fee by the plaintiff.
Adjd. to 22.11.2019  for service.
Next Purpose: SERVICE
Next Hearing Date: 22-11-2019

Date: 22-11-2019
Business: None present.
Service report relating to service of Writ of summons is awaited.
As per bailiff report on earlier Writ of summons it is written and served.
Plaintiff was directed to issue fresh Writ of summons against the defendant but there is nothing on record to suggest that plaintiff has made compliance in that regard.
Therefore, matter is kept for compliance in default for order.
Adjourned to compliance to 21.12.2019
Next Purpose: COMPLIANCE
Next Hearing Date: 21-12-2019

Date: 21-12-2019
Business: None present.
As per the report on Writ of summons submitted through Dypt. Sheriff it is returned unserved.  In roznama dated 01.10.2019 plaintiff was directed to issue fresh Writ of summons against the defendant but it seems that no steps have been taken for service of Writ of summons.   In roznama dated 22.11.2019 it is wrongly mentioned as Writ of summons is served but in fact it returned unserved.  It is apparent that plaintiff have not taken steps for service of Writ of summons upon defendant.  It seems that he is not interested to prosecute the suit.
Therefore, suit is dismissed in default.
Nature Of Disposal: DISMISSED
Disposal Date: 21-12-2019

Additional Case Details

Filing Number: 108419/2018
Filing Date: 27-06-2018
First Hearing Date: 05th July 2018
Decision Date: 21st December 2019
Court Number And Judge: 2-COURT 02 ADDL SESSIONS JUDGE

Orders

Final Order 1

21 Dec 2019

Order Details: Other
Pdf Text: 21.12.2019
SU 1588/18
CORAM: H. H. J. SHRI.M.T.ASIM (CR. NO. 02)
None present.
As per the report on Writ of summons submitted through Dypt.
Sheriff it is returned unserved. In roznama dated 01.10.2019
plaintiff was directed to issue fresh Writ of summons against the
defendant but it seems that no steps have been taken for service
of Writ of summons. In roznama dated 22.11.2019 it is
wrongly mentioned as Writ of summons is served but in fact it
returned unserved. It is apparent that plaintiff have not taken
steps for service of Writ of summons upon defendant. It seems
that he is not interested to prosecute the suit.
Therefore, suit is dismissed in default.
Judge
-- 1 of 1 --

Order 1