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Commercial Suit

Mr. Imran SayedVsMr. Mohd. Yunus Mohd. Khalil

CNR MHCC01009681201931-COURT 31 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--COMPROMISE
Decision Date: 04th October 2023

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
100539/2021
Registration Date
03 Oct 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Petitioner

    1. 1Mr. Imran Sayed

    Respondent

    1. 1Mr. Mohd. Yunus Mohd. Khalil

    Acts & Sections

    1
    Hindu Marriage Act · Sec 6

    Case History / Proceedings

    Case History
    Date: 04-10-2019
Business: By precepie.
Adv. Shukla for plaintiff present.
Draft NM along with affidavit tendered by the plaintiff. Leave is granted to register.
Matter is already adjourned to 24.10.2019.
Adjourned for reply to NM to 24.10.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-10-2019

Date: 24-10-2019
Business: None present for plaintiff.
Adv. Satish Darve  for defendant present.
Vakalatnama filed on behalf of defendant.
Undertaking filed by Ld. Advocate for the defendant.
O-seen and accepted.
The Ld. counsel for the defendant, on instructions have given undertaking that the defendant would  not transfer the suit gala till next date.
Adjourned for reply to NM and written statement to 11.11.2019.
LO
Adv. G. S. Shukla for plaintiff present.
Registered NM 3743/19 tendered by the plaintiff.
Original writ of summons tendered by the plaintiff.
Adjourned for reply to NM and written statement to 11.11.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-11-2019

Date: 11-11-2019
Business: Plaintiff present.
Adv. Pandey for plaintiff present.
Defendant is present.
Defendant submitted that his advocate is out of station and seeks time to file reply.  On previous date the adv. for defendant had given undertaking that defendant defendant will not transfer the suit gala till next date . The defendant today made the said undertaking that he will not dispose of the suit property till next date.
Adjourned for reply to NM / written statement to 14.1.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-01-2020

Date: 14-01-2020
Business: Adv. Sudhakar S. for plaintiff present.
Deft. present.
There is element of settlement in the matter, hence the matter is referred for mediation.
The matter is adjd for mediation report to 24.03.2020 at 02.45 pm.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 24-03-2020

Date: 24-03-2020
Next Purpose: MEDIATION REPORT
Next Hearing Date: 03-04-2020

Date: 03-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: MEDIATION REPORT
Next Hearing Date: 17-04-2020

Date: 17-04-2020
Business: As per office order no.7742020 dated 15.4.2020 and due to lock-down, matter is adjourned.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 06-05-2020

Date: 06-05-2020
Business: As per office order no.77/2020 dated 04.05.2020 and due to lock-down, matter is adjourned.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 28-05-2020

Date: 28-05-2020
Business: In view of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pademic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: MEDIATION REPORT
Next Hearing Date: 15-06-2020

Date: 15-06-2020
Business: In view of declaration of Novel Corona Virus (COVID 19 as Global Pandemic by WHO and Office Orders, matter is adjourned.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 22-09-2020

Date: 22-09-2020
Business: Both the parties are absent.  Due to Covid-19, the matter is adjourned for mediation report to 26.10.2020.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 26-10-2020

Date: 26-10-2020
Business: Both the parties are absent. Due to Covid-19, the matter is adjourned to 13.01.2021.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 13-01-2021

Date: 13-01-2021
Business: None present.
Mediation report is received.  T.O.R.
Mediation failed hence, the matter is adjourned for reply on N/M and filing of written statement as a last chance.
The matter is adjd for reply on N/M and filing of written statement to 24.03.2021.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 24-03-2021

Date: 24-03-2021
Business: Plaintiff present.
Deft. present.
Deft. failed to file written statement and reply to N/M     in-spite of giving several opportunities.  Hence, suit to proceed without written statement of defendant and N/M to proceed without reply of deft.
The matter is adjd for N/M hearing to 02.07.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-07-2021

Date: 02-07-2021
Business: Both parties and their advocates are absent when called out.
Matter is adjd.to 23.07.2021 for N/m hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-07-2021

Date: 23-07-2021
Business: Matter pertaining to C.R. No. 14
Adv.Muzib Khan for defendant present.
Ex.05   Application for permission to file V/N without NOC of earlier advocate as the earlier advocate had return back the brief and therefore, defendant was to engage another counsel. Hence, the order as per para 663 of Civil Manual the earlier counsel is unable to continue as he retuned back the brief. Therefore, permission is granted to file V/N without NOC of the earlier counsel.
Ex.06   Ld Adv for defendant filed V/N t.o.r. O- Filed.
The Ld Adv for defendant tendered draft Notice of motion and affidavit for condonation of delay.
O- Leave granted.
Matter adjd for tendering original registered NM along with affidavit and affidavit of service to 10-08-2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-08-2021

Date: 10-08-2021
Business: None for plaintiff.
Adv. Mujib Khan for deft. present.
Adv. For deft. tendered registered N/M No.1611/21. T.O.R.
The matter is adjd for reply/hearing of N/M to 31.08.2021.
L.O. at 03.20 pm.
Adv. Pradosh Tiwari for plaintiff present.
Exh.7 - Vakalatnama filed by Adv. Tiwari for plaintiff.  T.O.R.
The matter is already adjd for reply/hearing of N/M to 31.08.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 31-08-2021

Date: 31-08-2021
Business: Adv. Asutosh Shukla for plaintiff present.
Adv. Mujib Khan for deft. present.
Adv. For deft. served copies of N/M, affidavit, reply to N/M no.3743/19 and written statement to plaintiffs advocate.
The matter is adjd for filing reply to N/M no.1611/21 to 16.09.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-09-2021

Date: 16-09-2021
Business: Adv. Asutosh Shukla for plaintiff present.
Adv. Mujib Khan for deft. present.
Adv. For plaintiff filed reply affidavit to N/M no.1611/21. T.O.R.
Heard both sides on N/M no.1611/21.
The matter is adjd for order on N/M no.1611/21 to 17.09.2021.
Next Purpose: NM  ORDERS
Next Hearing Date: 17-09-2021

Date: 17-09-2021
Business: Adv. Tiwari for plaintiff present.
Deft. present.
F.R.S.R. following order is passed on N/M no.1611/21 -
ORDER
1.   N/M No.1611/2021 is allowed subject to payment of costs of Rs.2,000/- (Rs.Two Thousand Only) payable to plaintiff.
2.     Costs shall be paid on or before next date.
3.     Defendant shall submit his written statement within 30 days from today.
4.     N/M No.1611/2021 is disposed of accordingly.
The matter is adjd for compliance to 28.09.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 28-09-2021

Date: 28-09-2021
Business: Adv. Pradosh Tiwari for plaintiff present.
Deft. present.  Adv. Mujib Khan for deft. present.
Deft. paid costs of Rs.2,000/- to Adv. For plaintiff.
Exh.8 - Deft. filed written statement.  T.O.R.
O. - Read and recorded.
Reply to N/M is filed by deft.  T.O.R.
The matter is adjd for hearing on N/M No.3743/19 to 12.10.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-10-2021

Date: 12-10-2021
Business: Adv. Inayat Shaikh for plaintiff present.  Plaintiff present.
Adv. Mujib Khan for deft. present.
Adv. For plaintiff filed rejoinder to N/M no.3743/19.  T.O.R. Copy thereof is served to Adv. For deft.
The matter is adjd for hearing on N/M no.3743/19 to 15.11.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-11-2021

Date: 15-11-2021
Business: Adv. Tiwari for plaintiff present.
Adv. Mujib Khan for deft. present.
Heard arguments of Adv. For deft. on N/M No.3743/19.
On oral request of Adv. For plaintiff, the matter is adjd for arguments of plaintiff on N/M No.3743/19 to 20.11.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-11-2021

Date: 20-11-2021
Business: Adv. Pathak for plaintiff present.
Adv. Mujib Khan for deft. present.
On oral request of Adv. For plaintiff, the matter is adjd for N/M hearing to 23.11.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-11-2021

Date: 23-11-2021
Business: Adv. Ashutosh Shukla for plaintiff present.
K.B.
L.O. at 02.55 pm.
Adv. Mujib Khan for deft. present.
The matter is adjd for hearing on N/M to 24.11.2021 at 12.30 pm.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-11-2021

Date: 24-11-2021
Business: Adv. Ashutosh Shukla for plaintiff present.
Adv. Mujib Khan for deft. present.
Heard arguments of both sides on N/M No.3743/19.
The matter is adjd for order on N/M No.3743/19 to 27.11.2021.
Next Purpose: NM  ORDERS
Next Hearing Date: 27-11-2021

Date: 27-11-2021
Business: Adv. Inayat Shaikh h/f. Adv. Pradosh Tiwari for plaintiff present.
Adv. Mujib Khan for deft. present.
F.R.S.R. following order is passed on N/M No.3743/19 -
ORDER
1.     N/M No.3743/2019 is partly allowed.
2.   Defendant is temporarily restrained from alienating suit property till decision of the suit.
3.     No order as to costs.
4.     N/M No.3743/2019 is disposed of accordingly.
The matter is adjd for inspection of documents and admission/denial to 12.01.2022.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 12-01-2022

Date: 12-01-2022
Business: Adv. Inayat Shaikh for plaintiff present.
In view of Office Order No.07/2022 dated 07.01.2022, the matter is adjourned for admission/denial to 15.02.2022.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 15-02-2022

Date: 15-02-2022
Business: Adv. Ashutosh Shukla for plaintiff present.
Adv. Mujib Khan for deft. present.
On oral request of both parties, the matter is adjd for admission/denial to 21.03.2022.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 21-03-2022

Date: 21-03-2022
Business: None for plaintiff.
Adv. Mujib Khan for deft. present.  He sought time for filing affidavit of admission and denial.  Time as prayed for is granted.
The matter is adjd for admission and denial to 20.04.2022.
L.O. at 11.35 am.
Adv. Inayat Shaikh for plaintiff present.
The matter is already adjd for admission and denial to 20.04.2022.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 20-04-2022

Date: 20-04-2022
Business: Adv. Inayat Shaikh for plaintiff present.
Adv. Mujib Khan for deft. present.
By consent, the matter is adjd for filing affidavit of admission and denial to 13.06.2022.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 13-06-2022

Date: 13-06-2022
Business: Adv. Ashutosh Shukla for plaintiff present.
Adv. Mujib Khan for deft. present.
Both parties sought time for filing affidavit of admission and denial.  Time as prayed for is granted as a last chance.
The matter is adjd for admission/denial to 05.07.2022.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 05-07-2022

Date: 05-07-2022
Business: Adv. Tiwari for plaintiff present.
None for deft.
Adv. For plaintiff submits that deft. has not filed documents along with written statement.  Therefore, plaintiff is unable to file affidavit of admission and denial. This statement of Adv. of plaintiff is taken on record.
K.B.
L.O. at 04.00 pm.
None present.
Deft. failed to file affidavit of admission and denial.  Therefore, matter be kept for case management hearing.
The matter is adjd for case management hearing to 18.07.2022.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 18-07-2022

Date: 18-07-2022
Business: Adv. Inayat Shaikh for plaintiff present.
None for deft.
Heard Adv. For plaintiff on case management hearing.
Exh.9 - Issues settled.
      As per Order XV-A Rule 7 of C.P.C., case management hearing cannot be adjourned for the sole reason of absence of advocate appearing for the parties.  Therefore, for the absence of defendant\''s advocate, case management hearing cannot be adjourned.
      Issues are settled today.  Considering the nature of suit, issues of facts and law involved in suit and reliefs claimed in the suit, following order regarding case management hearing is passed.
ORDER
1.   Parties are directed to submit list of witnesses within 20 days.
2.  After submitting list of witnesses, parties are directed to file affidavits of evidence of all the witnesses within 45 days.
3.  After submitting evidence affidavits, cross examination of plaintiff and plaintiff\''s witnesses shall be completed within 45 days and thereafter, cross examination of defendant and defendant\''s witnesses shall be completed within next 45 days.
4.  After conclusion of evidence, parties shall conclude their arguments within two weeks.
5.   Both the parties to note if they failed to comply with this order of case management hearing, consequences of non-compliance of order provided in Order XV-A Rule (8) will follow.
The matter is adjd for filing list of witnesses to 01.08.2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-08-2022

Date: 01-08-2022
Business: None for plaintiff.
Adv. Mujib Khan for deft. present.
Exh.10 - Adv. For deft. tendered list of witness.  T.O.R.
K.B.
L.O. at 11.55 am.
Adv. Tiwari for plaintiff present.
Exh.11 - Adv. For plaintiff tendered list of witness.  T.O.R.
The matter is adjd for filing evidence affidavit to 17.08.2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-08-2022

Date: 17-08-2022
Business: Adv. Inayat Shaikh for plaintiff present.  Plaintiff present.
Adv. Mujib Khan for deft. present.  Deft. present.
Exh.12 - Adv. For deft. tendered evidence affidavit of DW-1 Mohd. Yunus Mohd. Khalil.  T.O.R.
Exh.13 - List of documents.  T.O.R.
Copies of above documents are served to Adv. For plaintiff.
The matter is adjd for evidence to 07.09.2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-09-2022

Date: 07-09-2022
Business: Adv. Ashutosh Shukla for plaintiff present.
Adv. Mujib Khan for deft. present.
K.B.
L.O. at 03.00 pm.
Adv. Ashutosh Shukla for plaintiff present.
Exh.14 - Adv. For plaintiff filed evidence affidavit of PW-1 Imran Sayed.  T.O.R.
Exh.15 - Adv. For plaintiff filed evidence affidavit of PW-2 Mohd. Hussain.  T.O.R.
Exh.16 - Adv. For plaintiff filed evidence affidavit of PW-3 Rajesh Yadav.  T.O.R.
Exh.17 - Adv. For plaintiff filed evidence affidavit of PW-4 Abdul Waheed.  T.O.R.
Exh.18 - Adv. For plaintiff filed evidence affidavit of PW-5 Ajay Giri.  T.O.R.
Exh.19 - List of documents.  T.O.R.
Copies are supplied to Adv. For deft.
The matter is adjd for evidence to 28.09.2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-09-2022

Date: 28-09-2022
Business: The Court is Vacant.
Hence, Matter is adjourned.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-10-2022

Date: 19-10-2022
Business: The Court is Vacant.
Hence, Matter is adjourned.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-11-2022

Date: 22-11-2022
Business: The Court is Vacant.
Hence, Matter is adjourned.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-12-2022

Date: 13-12-2022
Business: The Court is Vacant.
Hence, The matter is adjourned.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-01-2023

Date: 07-01-2023
Business: The Court is Vacant.
Hence, Matter is adjourned.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-02-2023

Date: 04-02-2023
Business: The court is vacant.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-02-2023

Date: 22-02-2023
Business: The court is vacant. Hence, matter is adjd.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-03-2023

Date: 20-03-2023
Business: As court is vacant.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-04-2023

Date: 12-04-2023
Business: Court is vacant. Hence, case adjourned to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-05-2023

Date: 03-05-2023
Business: As court is vacant. Hence, matter is adjd to.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-06-2023

Date: 21-06-2023
Business: As court is vacant. Hence, matter is adjd to.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-07-2023

Date: 21-07-2023
Business: Mr. Imran Sayed Vs Mr. Mohd. Yunus Mohd. Khalil
Case is received under transfer from Court Room No.14
All called, but absent
Issues are framed on 18.07.2022.
plaintiff to lead evidence. Else, put for necessary order.
Adjourned to 04.10.2023 for recording evidence
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-10-2023

Date: 04-10-2023
Business: Mr. Imran Sayed Vs Mr. Mohd. Yunus Mohd. Khalil
All called, but absent.
Perused Lok-Adalat Award at Exh.22 and Roznama Dt. 09.09.2023.
The dispute is compromised before Lok-Adalat and plaintiff has withdrawn the suit. It appears that, inadvertently the suit came on Todays Board. Hence, following order is passed.
Proceeding of Commercial Suit No. 100539 / 2021 Mr. Imran Sayed Vs Mr. Mohd. Yunus Mohd. Khalil stands closed.
Nature Of Disposal: COMPROMISE
Disposal Date: 04-10-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 110282/2019
Filing Date: 21-09-2019
First Hearing Date: 04th October 2019
Decision Date: 04th October 2023
Court Number And Judge: 31-COURT 31  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    04 Oct 2023
    Order Details: Other
Pdf Text: 04.10.2023 Coram : HHJ Shri V. S. Hingne, Additional Judge,
(Court Room No.31)
Sr. No.11
Commercial
Suit No.
100539/2021
Mr. Imran Sayed Vs Mr. Mohd. Yunus Mohd. Khalil
All called, but absent.
Perused Lok-Adalat Award at Exh.22 and Roznama Dt.
09.09.2023.
The dispute is compromised before Lok-Adalat and
plaintiff has withdrawn the suit. It appears that,
inadvertently the suit came on Today’s Board. Hence,
following order is passed.
Proceeding of Commercial Suit No. 100539 / 2021 Mr.
Imran Sayed Vs Mr. Mohd. Yunus Mohd. Khalil stands
closed.
Judge
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