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SUIT - SHORT CAUSE CIVIL SUIT

Mr. Mohd. Afzal Zikkar BagsaryaVsMCGM +1 more

CNR MHCC0100928520195-COURT 05 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 01st July 2023

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
102475/2019
Registration Date
17 Sept 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    Hindu Marriage Act · Sec 34 · 36

    Case History / Proceedings

    Case History
    Date: 19-11-2019
    Business: Matter adjd to 10/12/2019 for direction.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 10-12-2019
    
    Date: 10-12-2019
    Business: Adv. Mr. Dubey for plaintiff present and seeks time. Order- Granted time.
    Adv. Mrs. Rawade  for defendant/MCGM present.
    Matter adjd to 21/01/2020 for service of writ of summons
    Next Purpose: COMPLIANCE
    Next Hearing Date: 21-01-2020
    
    Date: 21-01-2020
    Business: Plaintiff and advocate are absent.
    Adv. Mrs. Rawade  for the defendant  MCGM Present.
    Matter is adjd to 18/02/2020 for orders against plff.
    Next Purpose: DISMISSAL
    Next Hearing Date: 18-02-2020
    
    Date: 18-02-2020
    Business: Plaintiff and advocate absent.
    Adv. Mrs. Rawade for MCGM/deft present.
    K. B.
    L. O. at 02 45 p.m.
    Adv. Mr. Shobhit Shukla for plaintiff present and seeks time. Order- Granted time.
    Matter is adjd to 24/03/2020 for dismissal order.
    Next Purpose: DISMISSAL
    Next Hearing Date: 24-03-2020
    
    Date: 24-03-2020
    Next Purpose: DISMISSAL
    Next Hearing Date: 03-04-2020
    
    Date: 03-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: DISMISSAL
    Next Hearing Date: 17-04-2020
    
    Date: 17-04-2020
    Business: COVID-19. Lockdown from 23.03.2020. Hence matter adjourned to 06.05.2020.
    Next Purpose: DISMISSAL
    Next Hearing Date: 06-05-2020
    
    Date: 06-05-2020
    Business: COVID-19. Lockdown from 23.03.2020. Hence matter adjourned to 28.05.2020.
    Next Purpose: DISMISSAL
    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: DISMISSAL
    Next Hearing Date: 15-06-2020
    
    Date: 15-06-2020
    Next Purpose: DISMISSAL
    Next Hearing Date: 17-07-2020
    
    Date: 17-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: DISMISSAL
    Next Hearing Date: 21-08-2020
    
    Date: 21-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: DISMISSAL
    Next Hearing Date: 29-09-2020
    
    Date: 29-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: DISMISSAL
    Next Hearing Date: 03-11-2020
    
    Date: 03-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: DISMISSAL
    Next Hearing Date: 01-12-2020
    
    Date: 01-12-2020
    Business: None present for plaintiff.
    Adv Suryawanshi for MCGM/defendant present.
    Matter adjourned for dismissal to 06.01.2021.
    Next Purpose: DISMISSAL
    Next Hearing Date: 06-01-2021
    
    Date: 06-01-2021
    Business: None present for plaintiff.
    Adv Nandanwar present for MCGM/defendant.
    Matter adjourned for dismissal to 01.02.2021.
    Next Purpose: DISMISSAL
    Next Hearing Date: 01-02-2021
    
    Date: 01-02-2021
    Business: None present for plaintiff.
    Adv Soraan present for MCGM/defendant.
    Matter is for dismissal, as per board.
    Hence as a last chance keep for dismissal on next date.
    Matter adjourned for dismissal to 20.02.2021 at 11.00 am.
    Next Purpose: DISMISSAL
    Next Hearing Date: 20-02-2021
    
    Date: 20-02-2021
    Business: Adv Dubey present for plaintiff.
    None present for MCGM/defendant.
    Adv of plaintiff sought adjournment as a last chance for steps.
    Matter adjourned for dismissal to 22.04.2021.
    Next Purpose: DISMISSAL
    Next Hearing Date: 22-04-2021
    
    Date: 22-04-2021
    Business: due to covid-19 matter adjd. to
    Next Purpose: DISMISSAL
    Next Hearing Date: 10-06-2021
    
    Date: 10-06-2021
    Business: As P. O. is on leave hence matter is adjd. to
    Next Purpose: DISMISSAL
    Next Hearing Date: 22-06-2021
    
    Date: 22-06-2021
    Business: Adjourned due to Covid 19.
    Next Purpose: DISMISSAL
    Next Hearing Date: 13-07-2021
    
    Date: 13-07-2021
    Business: As presiding officer is on leave today hence matter is adjourn to
    Next Purpose: DISMISSAL
    Next Hearing Date: 31-07-2021
    
    Date: 31-07-2021
    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: DISMISSAL
    Next Hearing Date: 28-08-2021
    
    Date: 28-08-2021
    Business: Adv. absent for plaintiff.
    Adv. Vidya Vyavahare present  for MCGM/defendant.
    Plaintiff also absent.
    As adv. for plaintiff is absent and parties are also absent hence, Matter adjourned for dismissal order to. 12/10/21.
    Next Purpose: DISMISSAL
    Next Hearing Date: 12-10-2021
    
    Date: 12-10-2021
    Business: As presiding officer is on leave, hence matter is adjd. to.
    Next Purpose: DISMISSAL
    Next Hearing Date: 25-11-2021
    
    Date: 25-11-2021
    Business: Adv. Dubey present   for plaintiff and sought adjournment.
    Adv. Vyavhare @ Sutar  for MCGM/defendant.
    Matter adjourned for Service  on 04-01-2022.
    Next Purpose: SERVICE
    Next Hearing Date: 04-01-2022
    
    Date: 04-01-2022
    Business: Adv. Dubey present for plaintiff and sought adjournment.
    Adv. Sutar present for MCGM/defendant.
    Matter adjourned for affidavit of service to. 01/03/22.
    Next Purpose: SERVICE
    Next Hearing Date: 01-03-2022
    
    Date: 01-03-2022
    Business: As presiding officer is on leave. Hence, matter is adjourned to
    Next Purpose: SERVICE
    Next Hearing Date: 26-04-2022
    
    Date: 26-04-2022
    Business: As presiding officer is on  training at Uttan. Hence, matter is adjourned to
    Next Purpose: SERVICE
    Next Hearing Date: 19-07-2022
    
    Date: 19-07-2022
    Business: Court is busy in urgent hearing matters i.e. Suit No. 1551 of 2022, Suit No. 1203/2009, Suit No. 1566/2022 and hearing SC No. 259 of 2020 and order dictating in Suit No. 60/2015 and Suit No. 96/2015 hence, for want of time  board discharged.
    Next Purpose: SERVICE
    Next Hearing Date: 13-09-2022
    
    Date: 13-09-2022
    Business: None for Plaintiff and he is directed to appear and take necessary steps to serve the deft.
    Matter is adjd for compliance on 15-11-2022
    Next Purpose: COMPLIANCE
    Next Hearing Date: 15-11-2022
    
    Date: 15-11-2022
    Business: As presiding officer is on leave. Hence, matter is adjourned to
    Next Purpose: COMPLIANCE
    Next Hearing Date: 05-01-2023
    
    Date: 05-01-2023
    Business: As Court is busy in urgent hearing in group matters i.e. Suit No. 313 to 320 of 2022 and also busy in in-charge court matters. Hence want of time remaining board is discharged.
    Matter is adjd for compliance on 18-03-2023
    Next Purpose: COMPLIANCE
    Next Hearing Date: 18-03-2023
    
    Date: 18-03-2023
    Business: As presiding officer is on leave. Hence, matter is adjourned to
    Next Purpose: COMPLIANCE
    Next Hearing Date: 06-06-2023
    
    Date: 06-06-2023
    Business: None for Plaintiff.
    Adv. Ms. Ravde for MCGM present.
    Perusal of the roznama shows that earlier for want of filing service of writ of summons, matter was adjourned time to time for dismissal order. Thereafter, on the request of Ld. Adv. for the plaintiff, matter again kept for compliance.  However, till this date, no steps are taken by the plaintiff to file service report of writ of summons so as to proceed with the matter.  Hence matter be kept for passing dismissal order of suit.
    Matter is adjd to 01.07.2023 for dismissal order.
    Next Purpose: DISMISSAL
    Next Hearing Date: 01-07-2023
    
    Date: 01-07-2023
    Business: None for Plaintiff.
    Adv. Ms. Vyavahare for MCGM present.
    Perusal fo record shows that on earlier date it was found that inspite of the matter was kept for compliance i.e. to file service report of writ of summons, the plaintiff failed to comply the said order, therefore, matter has been kept for dismissal order. In fact, suit is pending since 2019 but, no steps are taken to serve the writ of summons to the defendant. Inspite the matter is kept for passing dismissal order, the plaintiff remained absent. It reveals that the plaintiff is not interested in proceeding with the suit.
    Hence, Suit stands dismissed for want of steps.
    Suit No. 2475 of 2019 stands disposed off accordingly.
    Nature Of Disposal: DISMISSED
    Disposal Date: 01-07-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 109853/2019
    Filing Date: 11-09-2019
    First Hearing Date: 19th November 2019
    Decision Date: 01st July 2023
    Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    01 Jul 2023
    Order Details: Other
    Pdf Text: 01.07.2023 CORAM: SHRI R. M. MISHRA, ADDL. SESSIONS JUDGE C.R.NO.5
    SU.2475/19 None for Plaintiff.
    Adv. Ms. Vyavahare for MCGM present.
    Perusal fo record shows that on earlier date it was found that inspite of
    the matter was kept for compliance i.e. to file service report of writ of
    summons, the plaintiff failed to comply the said order, therefore, matter
    has been kept for dismissal order. In fact, suit is pending since 2019 but,
    no steps are taken to serve the writ of summons to the defendant.
    Inspite the matter is kept for passing dismissal order, the plaintiff
    remained absent. It reveals that the plaintiff is not interested in
    proceeding with the suit.
    Hence, Suit stands dismissed for want of steps.
    Suit No. 2475 of 2019 stands disposed off accordingly.
    Judge
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