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SUIT - SHORT CAUSE CIVIL SUIT

Benazir Abdul Aziz Shaikh +2 moreVsMrs. Roksana S. Shaikh

CNR MHCC01009254201962-COURT 62 AD-HOC ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 07th October 2023

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
103097/2019
Registration Date
25 Nov 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    4

    Petitioner

    1. 1Benazir Abdul Aziz Shaikh
    2. 2Sindbad Abdul Aziz Shaikh
    3. 3Ayesha Abdul Aziz Shaikh

    Respondent

    1. 1Mrs. Roksana S. Shaikh

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 16-12-2019
Business: Advocate Ms. Manisha Jaiswar for Plaintiff present.
Court is busy in dictating Judgment in suit no.8136/86, hence case is adjourned to 03/03/2020.
L.O.
Advocate for Plaintiff present and filed affidavit of service along with original Notice of Motion no.4694/19 with affidavit in support t.o.r.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-03-2020

Date: 03-03-2020
Business: None present for Plaintiff.
None present for Defendant.
Case is adjourned to 01/07/2020 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-07-2020

Date: 01-07-2020
Business: Due to corona pandemic and lockdown
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-09-2020

Date: 01-07-2020
Business: Due to corona pandemic and lockdown
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-09-2020

Date: 02-09-2020
Business: Due to covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-12-2020

Date: 02-09-2020
Business: Due to covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-12-2020

Date: 01-12-2020
Business: None present for Plaintiffs.
None present for Defendants.
It seems that due to Corona pandemic, parties are absent, hence case is adjourned to 16/02/2021 for Notice of Motion hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-02-2021

Date: 16-02-2021
Business: None present for both the parties.
Bailiff report shows that deft had refused to accept the service of notice of motion and she had not allowed the bailiff to affix copy of Notice of Motion at the outer door of her house. Bailiff report is not supported by any panchanama. Plff to take steps to serve to deft properly.
Matter is adjd. for taking steps to 29.04.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 29-04-2021

Date: 29-04-2021
Business: Due to Covid matter is adjd.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 27-07-2021

Date: 29-04-2021
Business: Due to Covid matter is adjd.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 27-07-2021

Date: 27-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-10-2021

Date: 27-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-10-2021

Date: 05-10-2021
Business: None present for both the parties.
Despite direction given on 16.02.2021, plff has not taken steps to serve the deft properly with N.M.No.4694/2019 and the writ of summons hence, matter is adjd. for order to 09.12.2021.
Judge
Next Purpose: ORDER
Next Hearing Date: 09-12-2021

Date: 09-12-2021
Business: None present for both parties.
Despite direction given on 16.02.2021, plff has not taken steps to serve the deft properly with NM and writ of summons hence, matter be kept for dismissal order.
Matter is adjd. for dismissal order to 21.02.2022.
Next Purpose: DISMISSAL
Next Hearing Date: 21-02-2022

Date: 21-02-2022
Business: None present for plff.
None present for deft.
KB
LO at 4.40 p.m.
None appeared for both the parties despite keeping back the matter till 4.40 p.m.
Despite directions, plaintiff has not served the defendant properly with Notice of Motion No.4694 of 2019.
Roznama shows that nobody has attended the matter for and on behalf of the plaintiff on any date after 16/12/2019. Nobody appeared for the plaintiff today also hence, Notice of Motion No.4694 of 2019 is dismissed in default for want of prosecution.
Matter be kept for service of writ of summons on next date.
Matter is adjd. for service of writ of summons to 02/05/2022.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 02-05-2022

Date: 02-05-2022
Business: None present for plffs.
Plff to take steps to serve the deft properly with writ of summons.
Matter is adjd. for service of writ of summons to 15.07.2022.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 15-07-2022

Date: 15-07-2022
Business: None present for both sides. Service affidavit not filed.
Matter adjd to 12.09.2022 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 12-09-2022

Date: 12-09-2022
Business: None present for both sides.
Matter adjd to 28.11.2022 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 28-11-2022

Date: 28-11-2022
Business: None present for both sides.
Matter adj. to 14.02.2023 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 14-02-2023

Date: 14-02-2023
Business: None present for both sides.
Matter adjd to 24.04.2023 for dismissal as no service affidavit is filed.
Next Purpose: DISMISSAL
Next Hearing Date: 24-04-2023

Date: 24-04-2023
Business: None present for both sides.
Matter adjd to 27.07.2023 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 27-07-2023

Date: 27-07-2023
Business: None for plaintiff.
None for defendant
Matter is adjd.to  28-08-2023 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 28-08-2023

Date: 28-08-2023
Business: Court is on leave.
Next Purpose: DISMISSAL
Next Hearing Date: 07-10-2023

Date: 07-10-2023
Business: None for plaintiff.
None for defendant
From the perusal of the record, it seen that though the suit has been instituted  as long back as on 03-09-2019, the plaintiffs failed to serve the defendant with writ of summons and other necessary documents yet. It is also apparent that since last more than 3 years the plaintiff is not attending the matter to prosecute the suit against the defendant though the suit is under the caption of dismissal order from 21-02-2022. It is thus obvious that the plaintiff has loss her interest in prosecuting the suit against the defendant. Hence, there is no justification to keep the suit pending anymore but to dismiss the same for default. Suit stands accordingly dismissed.
Nature Of Disposal: DISMISSED
Disposal Date: 07-10-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 109701/2019
Filing Date: 03-09-2019
First Hearing Date: 16th December 2019
Decision Date: 07th October 2023
Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    07 Oct 2023
    Order Details: Other
Pdf Text: Back
Daily Status
IN THE COURT OF :COURT 62 ADDL SESSIONS JUDGE
Case No. :SUIT/0103097/2019
Benazir Abdul Aziz Shaikh Vs Mrs. Roksana S. Shaikh
Date : 07-10-2023
Business : None for plaintiff. None for defendant From the perusal of the
record, it seen that though the suit has been instituted as long
back as on 03-09-2019, the plaintiffs failed to serve the
defendant with writ of summons and other necessary
documents yet. It is also apparent that since last more than 3
years the plaintiff is not attending the matter to prosecute the
suit against the defendant though the suit is under the caption
of dismissal order from 21-02-2022. It is thus obvious that the
plaintiff has loss her interest in prosecuting the suit against the
defendant. Hence, there is no justification to keep the suit
pending anymore but to dismiss the same for default. Suit
stands accordingly dismissed.
Nature of Disposal : DISMISSED
Disposal Date : 07-10-2023
COURT 62 ADDL SESSIONS JUDGE
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