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SUIT - SHORT CAUSE CIVIL SUIT

Shri Amirzada Shahjada Rahmatullah Khan +1 moreVsShri Sayyed Ansar Sarvar Sayyed +2 more

CNR MHCC0101011020192-COURT 02 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 05th July 2024

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
102638/2019
Registration Date
05 Oct 2019

Advocates

1

For Respondent

    Not available

    Parties

    5

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec Order 39

    Case History / Proceedings

    Case History
    Date: 01-11-2019
    Business: Adv. Pathak for plaintiff present.
    Adv. V.T. Dubey for defendant present.
    Earlier order, if any to continue till next date.
    Adjourned to 2.11.2019 for order.
    Next Purpose: ORDER
    Next Hearing Date: 02-11-2019
    
    Date: 02-11-2019
    Business: Adv. Pathak for plaintiff present.
    Adv. Arun Dubey h/f Adv. V. T. Dubey for defendant present.
    As Court is busy in hearing of other matters and passing order matter is adjourned to 05.11.2019 for order.
    Next Purpose: ORDER
    Next Hearing Date: 05-11-2019
    
    Date: 05-11-2019
    Business: Adv. Rahul Singh for Plaintiff present.
    Plaintiff is present.
    Deft and Adv absent.
    Today matter is posted for order but it seems that Plaintiffs have not got registered draft notice of motion though leave was previously granted. Adv for Plaintiffs prayed to grant time to get registered draft notice of motion.
    Plaintiffs are directed to get registered notice of motion first and thereafter only same will be considered for the purposes of order.
    Adj for compliance to 06.11.2019.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 06-11-2019
    
    Date: 06-11-2019
    Business: Adv. Rahul Singh for plaintiff present.
    He tendered register Nm 4094/19. t.o.r.
    Adjourned for order to 7.11.2019
    Next Purpose: ORDER
    Next Hearing Date: 07-11-2019
    
    Date: 07-11-2019
    Business: Adv. Rahul Singh for plaintiff present.
    Adv. N.K.Dubey for defendant present.
    As court time is over, matter is adjourned tomorrow.
    Adjourned to 8.11.2019.
    Next Purpose: ORDER
    Next Hearing Date: 08-11-2019
    
    Date: 08-11-2019
    Business: Adv. Rahul Singh for plaintiff present.
    None for defendant.
    As court is busy in passing order in other matter adjd. to 13.11.2019.
    Next Purpose: ORDER
    Next Hearing Date: 13-11-2019
    
    Date: 13-11-2019
    Business: CA for plaintiff no.1 present.
    Adv. Pathak for plaintiff present.
    FRSR order passed  below NM 4094 of 2019
    1.Notice of Motion No.4094 of 2019 is partly allowed as under
     Defendant Nos.1 and 2, their servants, agents, any persons claiming through them are hereby restrained by order of temporary injunction from entering, interfering into peaceful use, occupation and possession of plaintiffs through Shaikh Badre Alam of ground floor portion of suit premises and through Devdas Tukaram Rane of mezzanine first floor portion of suit premises, during pendency of suit without following due process of law.
    2.Accordingly, notice of motion is disposed off.
    Adjourned to 4.12.2019 for direction.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 04-12-2019
    
    Date: 04-12-2019
    Business: Adv. Rahul Singh for plaintiffs present.
    Adv. N.K. Dubey for defendant no 1 and 2 present.
    Adv. for plaintiffs sought extension of time for service of Writ of summons upon defendant no 3 - Time is extended.
    Adjourned to 3.02.2020 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 03-02-2020
    
    Date: 03-02-2020
    Business: As court is on leave, Hence board adjd.
    Next Purpose: SERVICE
    Next Hearing Date: 24-03-2020
    
    Date: 24-03-2020
    Business: adjourned
    Next Purpose: SERVICE
    Next Hearing Date: 03-04-2020
    
    Date: 03-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SERVICE
    Next Hearing Date: 17-04-2020
    
    Date: 17-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SERVICE
    Next Hearing Date: 06-05-2020
    
    Date: 06-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SERVICE
    Next Hearing Date: 28-05-2020
    
    Date: 28-05-2020
    Business: National Lockdown
    Next Purpose: SERVICE
    Next Hearing Date: 15-06-2020
    
    Date: 15-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SERVICE
    Next Hearing Date: 14-09-2020
    
    Date: 14-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: SERVICE
    Next Hearing Date: 05-11-2020
    
    Date: 05-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: SERVICE
    Next Hearing Date: 16-01-2021
    
    Date: 16-01-2021
    Business: None present.
    Matter stands Adj for Service to 11/03/2021.
    Next Purpose: SERVICE
    Next Hearing Date: 11-03-2021
    
    Date: 11-03-2021
    Business: Adv Singh for plff present.
    He seeks time for writ of summons on deft no. 3 on the ground that deft no. 3 is out of India.  Granted.
    Matter stands Adj for Writ of Summons to 08/06/2021.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 08-06-2021
    
    Date: 08-06-2021
    Business: due to covid matter is adjourned
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 20-07-2021
    
    Date: 20-07-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 06-09-2021
    
    Date: 06-09-2021
    Business: Adv Rajesh Singh for plff present.
    None for deft no. 1 and 2.
    Matter stands Adj to 10/11/2021 for Affidavit of Writ of summons on deft no. 3.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 10-11-2021
    
    Date: 10-11-2021
    Business: Adv. Rahul Singh for plaintiff present.  He seeks time for service of writ of summons on deft. no.3.  Granted.
    None for deft. nos.1 and 2.
    Matter stands Adj for affidavit of writ of summons on deft. no.3 to 20.01.2022.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 20-01-2022
    
    Date: 20-01-2022
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 11-03-2022
    
    Date: 11-03-2022
    Business: Adv. Rahul Singh for Plaintiff present.
    He seeks time for service of writ of summons on defendant no. 3.  Granted.
    None present for defendants.
    Matter stands Adjd for affidavit of writ of summons on defendant no. 3 to 13/06/2022
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 13-06-2022
    
    Date: 13-06-2022
    Business: Adv. Subham Singh for plaintiff present.
    He seek time for service on defendant no. 3.  Time granted.
    Matter is adjd for service on summon to 22/08/2022.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 22-08-2022
    
    Date: 22-08-2022
    Business: Adv. Iftikar Sayyad for JDR present.
    He seek time for service on defendant no. 3. Time granted.
    None for DHR present.
    Parties are directed to give CTS number of suit property.
    Matter is ajdd for writ of summons to 15/11/2022.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 15-11-2022
    
    Date: 15-11-2022
    Business: PO is on leave.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 21-01-2023
    
    Date: 21-01-2023
    Business: Adv. Ranjan Mishra for plaintiff present.
    He seek time for service of writ of summons. Time granted as last chance.
    None  for defendant present.
    Matter adjourned for writ of summons to 02/03/2023.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 02-03-2023
    
    Date: 02-03-2023
    Business: Adv. Rahul Singh for plaintiff present.
    He seek time for service of writ of summons. Time extended.
    None for defendant present.
    Matter adjourned for writ of summons to 08/06/2023 on the request of advocate for plaintiff.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 08-06-2023
    
    Date: 08-06-2023
    Business: Both parties and advocate absent.
    Matter adjourned for writ of summons on 05.09.2023.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 05-09-2023
    
    Date: 05-09-2023
    Business: dv. Rahul Singh present for plaintiff. He seeks time.
    Matter adjourned for writ of summons to 18.10.2023.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 18-10-2023
    
    Date: 18-10-2023
    Business: P. O. is on leave.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 23-11-2023
    
    Date: 23-11-2023
    Business: Both parties and advocate absent.
    Matter adjourned for Writ of summons on 22.01.2024.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 22-01-2024
    
    Date: 22-01-2024
    Business: Advocate Mr. Ashish Singh for plaintiff present and seeks time to serve writ of summons to defendant no. 3. O- Granted as a last chance.
    Defendant and advocate absent.
    Matter adjourned for Writ of summons on 13.03.2024.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 13-03-2024
    
    Date: 13-03-2024
    Business: Advocate Mr. Rahul Singh for plaintiff present and seeks time to file affidavit of service. O- Granted.
    Defendant and advocate absent.
    Matter adjourned for Writ of summons on 19.04.2024.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 19-04-2024
    
    Date: 19-04-2024
    Business: Advocate Mr. Ranjan Mishra h.f. Advocate Rajesh Singh for plaintiff present and seeks time. O- Granted.
    Defendant and advocate absent.
    Matter adjourned for Writ of summons on 05.07.2024.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 05-07-2024
    
    Date: 05-07-2024
    Business: Both parties and advocate absent.
    The record shows that the matter is pending for service since long i.e. prior to Covid. It shows that the plaintiff is not interested to conduct this matter. Hence Suit No. 2638 of 2019 is dismissed for want of prosecution.
    Nature Of Disposal: DISMISSED
    Disposal Date: 05-07-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 110809/2019
    Filing Date: 04-10-2019
    First Hearing Date: 01st November 2019
    Decision Date: 05th July 2024
    Court Number And Judge: 2-COURT 02 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    05 Jul 2024
    Order Details: Other
    Pdf Text: Back
    Daily Status
    IN THE COURT OF :COURT 02 ADDL SESSIONS JUDGE
    Case No. :SUIT/0102638/2019
    Shri Amirzada Shahjada Rahmatullah Khan Vs Shri Sayyed Ansar Sarvar Sayyed
    Date : 05-07-2024
    Business : Both parties and advocate absent. The record shows that the
    matter is pending for service since long i.e. prior to Covid. It
    shows that the plaintiff is not interested to conduct this matter.
    Hence Suit No. 2638 of 2019 is dismissed for want of
    prosecution.
    Nature of Disposal : DISMISSED
    Disposal Date : 05-07-2024
    COURT 02 ADDL SESSIONS JUDGE
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