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SUIT - SHORT CAUSE CIVIL SUIT

Mr. Asif Khan Mohd. Samin KhanVsMHADA +1 more

CNR MHCC0101040620199-COURT 09 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 18th February 2023

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
102742/2019
Registration Date
17 Oct 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Petitioner

    1. 1Mr. Asif Khan Mohd. Samin Khan

    Respondent

    1. 1MHADA
    2. 2Mumbai Building Repairs and Reconstruciton Board

    Acts & Sections

    2
    Hindu Marriage Act · Sec 34
    Protection of Women from Domestic Violence Act · Sec Order 39 · Rule2

    Case History / Proceedings

    Case History
    Date: 14-11-2019
Business: None for plaintiff present.
Issue writ of summons through bailiff of sheriff office and simultaneously through R.P.A.D./speed post.
Matter adj for Direction to 24.01.2020.
L.O. at 3.00pm
Adv. S.M.Naik for MHADA/defendant  present.
Next Purpose: DIRECTIONS
Next Hearing Date: 24-01-2020

Date: 24-01-2020
Next Purpose: DIRECTIONS
Next Hearing Date: 04-04-2020

Date: 04-04-2020
Next Purpose: DIRECTIONS
Next Hearing Date: 27-04-2020

Date: 27-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 18-05-2020

Date: 18-05-2020
Business: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 30-05-2020

Date: 30-05-2020
Business: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 17-06-2020

Date: 17-06-2020
Business: Lockdown
Next Purpose: DIRECTIONS
Next Hearing Date: 02-11-2020

Date: 02-11-2020
Business: Due to lockdown because of Covid-19, board is discharged and as per SOP only urgent matters are taken up.
Matter is adjd. to 16.12.2020.
Next Purpose: DIRECTIONS
Next Hearing Date: 16-12-2020

Date: 16-12-2020
Business: None present for the plaintiff.
Adv S.M. Naik present for the defendant/MHADA.
Matter is adjd. to 25.03.2021 for Directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 25-03-2021

Date: 25-03-2021
Business: None present.
Last chance is granted for service of summons.
Matter is adjd. to 25/06/2021 for service of summons.
Next Purpose: SERVICE
Next Hearing Date: 25-06-2021

Date: 25-06-2021
Business: Due to Covid-19, matter is adjd to
Next Purpose: SERVICE
Next Hearing Date: 13-08-2021

Date: 13-08-2021
Business: None present.
Matter is adjd. to 17/11/2021 for service of summons proof.
Next Purpose: SERVICE
Next Hearing Date: 17-11-2021

Date: 17-11-2021
Business: Adv Naik present for the defendant.
None present for the plaintiff.
Matter is adjd. to 25.02.2022 for service.
Next Purpose: SERVICE
Next Hearing Date: 25-02-2022

Date: 25-02-2022
Business: None present for the plaintiff and the defendant.
Matter is adjd. to 26.04.2022 for service.
Next Purpose: SERVICE
Next Hearing Date: 26-04-2022

Date: 26-04-2022
Business: Adv. Pathak h/f Adv. Kandekar for MHADA present.
None present for plaintiff
Matter is adjd. to 28-07-2022 for service.
Next Purpose: SERVICE
Next Hearing Date: 28-07-2022

Date: 28-07-2022
Business: court is on leave
Next Purpose: SERVICE
Next Hearing Date: 19-09-2022

Date: 19-09-2022
Business: None present for plaintiff.
Adv Pathak H/f Adv Kandekar present for MHADA/Deft.
Matter is adjd. to 07.12.2022 for filing service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 07-12-2022

Date: 07-12-2022
Business: As the Court is on leave.  Hence, board is discharged and suit stands adjd. to
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 02-02-2023

Date: 02-02-2023
Business: None present for plaintiff.
Adv. Pathak h/f Adv. Kandekar for MHADA/Deft present.
Perusing record, it appears that the plaintiff is absent since 14.11.2019 and not filed the service affidavit. Hence, it appears that plaintiff does not want to proceed with this suit. Hence, matter is kept for dismissal order.
Matter is adjourned to 18.02.2023 for Dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 18-02-2023

Date: 18-02-2023
Business: None present for plaintiff.
Adv. Pathak h/f Adv. Kandekar for MHADA/Deft present.
Perusing record, it appears that the plaintiff not filed service affidavit since 15.10.2019. Many opportunities have been given to plaintiff for filing service affidavit, but the plaintiff not taking appropriate steps to service to defendant. It appears that plaintiff does not want to proceed with suit. Hence, plaintiff suit hereby dismissed for want of compliance.
Nature Of Disposal: DISMISSED
Disposal Date: 18-02-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 111247/2019
Filing Date: 15-10-2019
First Hearing Date: 14th November 2019
Decision Date: 18th February 2023
Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    18 Feb 2023
    Order Details: Other
Pdf Text: None present for plaintiff.
Adv. Pathak h/f Adv. Kandekar for MHADA/Deft present.
Perusing record, it appears that the plaintiff not filed service affidavit since
15.10.2019. Many opportunities have been given to plaintiff for filing service
affidavit, but the plaintiff not taking appropriate steps to service to defendant. It
appears that plaintiff does not want to proceed with suit. Hence, plaintiff suit hereby
dismissed for want of compliance.
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