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SUIT - SHORT CAUSE CIVIL SUIT

Mr. Moinuddin Raisuddin ShaikhVsRabiya Rafique Shaikh +2 more

CNR MHCC01010689201961-COURT 61 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
PENDING

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
102988/2019
Registration Date
15 Nov 2019
Next Hearing Date
07 Nov 2026
Case Stage
DISMISSAL

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    4

    Acts & Sections

    1
    Hindu Marriage Act · Sec 34 to 39

    Case History / Proceedings

    Case History
    Date: 06-12-2019
    Business: Adv. Imtiyaz Patel for plaintiff present and filed writ of summons of defendant no. 2 and 3. He seeks leave to serve fresh writ of summons to defendant no. 3. O-Issue fresh writ of summons for service to defendant no.1.
    None present for defendant.
    Matter stands Adj for service of writ of summons on defendant no. 1 to 06.02.2020.
    Next Purpose: SERVICE
    Next Hearing Date: 06-02-2020
    
    Date: 06-02-2020
    Business: Plaintiff present .
    Adv. Mohammed Shoyeb for plaintiff present and seeks time to serve defendant no. 1. Time granted.
    None present for defendant.
    Matter stands Adj for service to 18.03.2020.
    Next Purpose: SERVICE
    Next Hearing Date: 18-03-2020
    
    Date: 18-03-2020
    Business: Adv. Imtiyaz Patel for plaintiff present
    None present for defendant.
    As per directions of office order  no. 66 of 2020 r/w notification dated 14.03.2020, board is discharged.
    Matter stands Adj for service to 13.04.2020
    Next Purpose: SERVICE
    Next Hearing Date: 13-04-2020
    
    Date: 13-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SERVICE
    Next Hearing Date: 28-04-2020
    
    Date: 28-04-2020
    Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and office order no. 75 of 2020, matter adjourned.
    Next Purpose: SERVICE
    Next Hearing Date: 19-05-2020
    
    Date: 19-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SERVICE
    Next Hearing Date: 06-06-2020
    
    Date: 06-06-2020
    Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 83 of 2020 matter adjourned.
    Next Purpose: SERVICE
    Next Hearing Date: 24-06-2020
    
    Date: 24-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SERVICE
    Next Hearing Date: 11-09-2020
    
    Date: 11-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: SERVICE
    Next Hearing Date: 19-10-2020
    
    Date: 19-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: SERVICE
    Next Hearing Date: 10-12-2020
    
    Date: 10-12-2020
    Business: None present for plaintiff and defendant.
    Matter stands Adj for service to 01.02.2021.
    Next Purpose: SERVICE
    Next Hearing Date: 01-02-2021
    
    Date: 01-02-2021
    Business: None present.
    Plaintiff has failed to file affidavit of service.
    The case is adjourned to 20.03.2021 for order.
    Next Purpose: ORDER
    Next Hearing Date: 20-03-2021
    
    Date: 20-03-2021
    Business: Advocate Shaikh h/f adv. Imtiyaz Patel for Plaintiff  present and filed writ of summons revealing service on defendants no. 1 to 3. TOR.
    None for defendants.
    The case is adjourned to 14.06.2021 for order.
    Next Purpose: ORDER
    Next Hearing Date: 14-06-2021
    
    Date: 14-06-2021
    Business: In view of office order No. 100/2021 dtd. 04.06.2021  of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai pursuant to circular dtd. 16.04.2021 issued by Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases and the views of stakeholders, the matter is adjourned owing to absence of the parties.
    Next Purpose: ORDER
    Next Hearing Date: 30-06-2021
    
    Date: 30-06-2021
    Business: In view of office order No. 120/2021 dtd. 27.06.2021 r/w  Office Order No.106/2021 dtd 14.06.2021 of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dtd. 09.06.2021 of Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases and the views of stakeholders, the matter is adjourned.
    Next Purpose: ORDER
    Next Hearing Date: 20-08-2021
    
    Date: 20-08-2021
    Business: Matter called out at 11.28 a.m.
    Adv. Abdul Latif Y. Shaikh for plaintiff present.
    Adv. Tabish Mooman tendered his Vakalatnama on behalf of Deft. No. 1. TOR. Exh.5
    O-Seen and filed.
    It appears from the service report that Defendant. No. 1 was served on 19.03.2021, the Deft. No. 2 and 3 were served on 30.11.2019. The Defendants inspite of service failed to file their written statement and suit to proceed without written statement of the defendants.
    Matter stands adjourned to 06.09.2021 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 06-09-2021
    
    Date: 06-09-2021
    Business: Matter called out at 04.06 p.m.
    Adv. Imtiyaz Patel for plaintiff present.
    Adv. Tabish Mooman for Deft. No. 1 present.
    Defendant tendered draft NM.
    O-leave granted to register.
    He also filed written statement. TOR.
    Matter stands adjourned to 14.10.2021 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 14-10-2021
    
    Date: 14-10-2021
    Business: Adv. Imtiyaz Patel a/w Adv. Mohammed Shoaib Shaikh for plaintiff present.
    He filed reply to NM No.2221/21. TOR.
    Adv. Tabish Mumam for defendant present.
    He tendered registered NM No.2221/21. TOR.
    As court is busy in taking evidence in SU No.1016/12 and also in
    hearing High Court Time Bound Cri. Appeal 705/17.
    Therefore, matter stands adjourned to 14.12.2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-12-2021
    
    Date: 14-12-2021
    Business: Matter called out at 3.31 p.m.
    Adv. Imtiyaz Patel a/w Adv. Mohammed Shoaib for plaintiff present.
    Adv. Tabish Mooman for Deft. No.1 present.
    Heard both the sides. Closed for orders.
    Matter stands adjourned to 15.12.2021 for Order.
    Next Purpose: ORDER
    Next Hearing Date: 15-12-2021
    
    Date: 15-12-2021
    Business: None present.
    Following F.R.S.R. order is passed in NM No.2221/21.
    ORDER
    1.   Notice of Motion No.2221 of 2021 is allowed.
    2.  The defendant is allowed to tender her W.S. in a period of 30 days from the date of the order.
    3.   Costs in cause.
    4.    Notice of Motion is disposed off accordingly.
    Matter stands adjourned to 17.01.2022 for WS.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 17-01-2022
    
    Date: 17-01-2022
    Business: Matter called out at 12.00 p.m.
    Adv. Imtiyaz Patel a/w Adv. Mohammed Shoaib for plaintiff present.
    None present for defendant.
    Matter stands adjourned to 01.03.2022 for WS.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 01-03-2022
    
    Date: 01-03-2022
    Business: Matter called out at 12.26 p.m.
    Adv. Mohammed Shoaib Shaikh I/b Adv. Imtiyaz Patel for plaintiff present.
    Adv. Tabish Moomen for Deft. No.1 present. He has already tendered WS on 06.09.2021 but not exhibited. It is TOR and marked as Exh.6.
    Matter stands adjourned to 02.07.2022 for Issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 02-07-2022
    
    Date: 02-07-2022
    Business: Court is on Leave.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 20-08-2022
    
    Date: 20-08-2022
    Business: Adv. Mohammed Shoaib Shaikh for plaintiff present.
    Adv. Tabish Moman for Deft. no.1 present. He tendered draft NM a/w affidavit in support.
    O-Leave granted to register.
    Copy served to the plaintiff.
    Draft NM handed over to the Deft. no.1  for registration.
    Matter stands adjourned to 21.10.2022 for Reply.
    Next Purpose: REPLY
    Next Hearing Date: 21-10-2022
    
    Date: 21-10-2022
    Business: None present.
    Matter stands adjourned to 20.12.2022 for reply.
    Later on at 3.06 p.m.
    Adv. Tabish Mooman for Deft. no.1 present.
    Already adjourned to 20.12.2022.
    Next Purpose: REPLY
    Next Hearing Date: 20-12-2022
    
    Date: 20-12-2022
    Business: Adv. Mohd. Shoaib for plaintiff present. He tendered reply to NM No.3560/2022. TOR. Copy served upon Deft. no.1.
    Adv. Tabish Momin for Deft. no.1 present. He is directed to tender reg. CS No.3560/2022.
    Matter stands adjourned to 04.02.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-02-2023
    
    Date: 04-02-2023
    Business: Plaintiff in person present.
    Adv. Tamish Mooman for defendant present. He tendered registered NM No. 3560/2022. TOR.
    Heard advocate of defendant.
    Put up for argument of advocate of plaintiff.
    Matter stands adjourned on 20.02.2023 for NM argument.
    Next Purpose: NM HIGH ON BOARD
    Next Hearing Date: 20-02-2023
    
    Date: 20-02-2023
    Business: Adv. Imtiyaz Patel for plaintiff present. He is seeking time. Time granted.
    Adv. Tamish Mooman for defendant present.
    By consent, matter stands adjourned on 16.03.2023 for NM
    arguments.
    Next Purpose: NM HIGH ON BOARD
    Next Hearing Date: 16-03-2023
    
    Date: 16-03-2023
    Business: Adv. Mohammad Shoaib Shaikh a/w Adv. Imtiyaz patel for plaintiff present.
    None present for defendant.
    The advocate of plaintiff submitted that his reply be treated as his argument. Hence, put up for NM order.
    Matter stands adjourned on 26.04.2023 for NM P.H./order.
    Later on at 3.49 p.m.
    The Adv. Tabish Mooman for defendant present.
    Matter already adjourned on 26.04.2023 for NM P.H./order.
    Next Purpose: NM HIGH ON BOARD
    Next Hearing Date: 26-04-2023
    
    Date: 26-04-2023
    Business: None present.
    K.B.
    Later on at 4.37. p.m.
    Adv. Mohammed Shoaib Shaikh I/b Adv. Imtiyaz Patel for plaintiff present.
    Defendant in person present.
    Matter stands adjourned on 12.06.2023 for NM P.H./order.
    Next Purpose: NM HIGH ON BOARD
    Next Hearing Date: 12-06-2023
    
    Date: 12-06-2023
    Business: None for Plaintiff present.
    None for defendant present.
    Matter stands adjourned on 13-07-2023 for arguments on NM.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-07-2023
    
    Date: 13-07-2023
    Business: Court is on Leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-10-2023
    
    Date: 13-10-2023
    Business: Both side absent.
    Matter stands adjourned on 04-01-2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-01-2024
    
    Date: 04-01-2024
    Business: Adv. Imtiyaz Patel present for plaintiff.
    Adv.  Rabush Mohd. present for defendant No. 1
    Partly heard on NM No. 3560/2022.
    Matter adjourned for reply/argument to 10.01.2024.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 10-01-2024
    
    Date: 10-01-2024
    Business: Adv. Imtiyaz Patel for plaintiff present and filed common citation in Notice of Motion.No.3560/2022 t.o.r.O-Seen case laws filed by original plaintiff  other side to reply on next date.
    Adv. Tabish Mooman for defendant present and orally requested time to argue the Notice of Motion. O-granted.
    Matter adjourned for reply / argument(P.H) by defendant to 18-01-2024.
    Next Purpose: ARGUMENT P.H.
    Next Hearing Date: 18-01-2024
    
    Date: 18-01-2024
    Business: None for plaintiff.
    Defendant in person present.
    Kb LO at 3.25 pm..
    Adv. A. L. Shaikh for plaintiff present and stated that his argument is completed.
    Defendant in person present and orally sought time to argue the NM on next date. O-Last chance granted to argue on NM/further order.
    Matter adjourned for argue on NM/ NM hearing P.H. as last chance by defendant to 24-01-2024.
    Next Purpose: ARGUMENT P.H.
    Next Hearing Date: 24-01-2024
    
    Date: 24-01-2024
    Business: IN THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO. 61
    This court newly formed on 02.01.2024.
    Matter transferred from CR No.
    None for plaintiff.
    Defendant no.1 present her advocate absent.
    KB
    LO at 3.38 pm..
    None for plaintiff.
    Adv. Tabish Momani alongwith defendant no.1 in person present.
    None for defendant No.2 and 3.
    Defendant No.1 present and orally sought time to file reply on next date.
    LO at. 4.30 PM..
    No reply argument if any by the defendant Nos.1, 2 and 3. Hence matter is proceed for NM order.
    Matter adjourned for NM order to 12-02-2024.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 12-02-2024
    
    Date: 12-02-2024
    Business: IN THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO. 61
    None for  plaintiff.
    None for defendant.
    Court is busy in hearing argument in NM No.1117/20 and NM No.1881/20 hence matter is adjourned for order on 17-02-2024.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 17-02-2024
    
    Date: 17-02-2024
    Business: IN THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO. 61
    This court newly formed on 02.01.2024.
    Matter transferred from CRNo.
    None for  plaintiff.
    Defendant in person present.
    KB for Order.
    L.O at 5.30 pm
    FRSR the following order is passed in NM NO. 3560/2022
    ORDER
    1. The Notice of Motion No. 3560 of 2022 in suit no. 2988 of 2019 is disposed of as under :
    (a) The plaint be returned to the plaintiff uner Order VII Rule 10 of the CPC for its proper presentation to the Court in which the suit should have been instituted.
    (b) Plaintiff to present the plaint before Competent Court of law within a period of one month from the date of this order.
    (c) No order as to costs.
    Order passed on Exh.1
    In view of order passed today in Notice of Motion No. 3560/2022, the plaintiff and the defendant to take note of the said order and the plaintiff is directed to take steps accordingly as directed in the order passed in said Notice of Motion.
    Authenticated copy of roznama be given to both the sides.
    Matter adjourned for compliance of order in NM and order below Exh.1 by plaintiff  to.19/03/2024
    Next Purpose: COMPLIANCE
    Next Hearing Date: 19-03-2024
    
    Date: 19-03-2024
    Business: IN THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO. 61
    Adv. Imtiyaz Patel for  plaintiff present and filed adjournment application alongwith copy of Hon’ble High Court order dt.18-03-2024 tor and marked as. Exh.07. O- adjournment granted.
    None for defendant.
    Matter adjourned for 04-05-2024  to compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 04-05-2024
    
    Date: 04-05-2024
    Business: IN THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO. 61
    Adv. Mohd. Soheb for plaintiff present.
    None for defendant.
    Matter adjourned for compliance  to 06-07-2024.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 06-07-2024
    
    Date: 06-07-2024
    Business: Court is vacant
    Next Purpose: COMPLIANCE
    Next Hearing Date: 15-10-2024
    
    Date: 15-10-2024
    Business: IN THE COURT OF H.H.J. R. D. DESHPANDE JUDGE CITY CIVIL COURT C.R. NO. 61
    Adv. Shagufa Patel for plaintiff is present and submitted that she has challenged order of this Court regarding return of plaint to Honble High Court. Appeal is pending.
    None for defendant.
    Matter adjourned for compliance to 27-01-2025.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 27-01-2025
    
    Date: 27-01-2025
    Business: None for plaintiff.
    None for defendant.
    Matter adjourned for compliance to 05.04.2025.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 05-04-2025
    
    Date: 05-04-2025
    Business: Court is on leave.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 13-06-2025
    
    Date: 13-06-2025
    Business: Adv. Imtiyaz Patel for plaintiff is present and requested for adjournment. Adjourned for taking steps.
    None for defendant.
    Matter adjourned for taking steps to 16.09.2025.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 16-09-2025
    
    Date: 16-09-2025
    Business: Adv. A. L. Shaikh a/w Adv. Neha Mamtule for plaintiff is present and requested to adjourned the matter for same stage.
    None for defendant.
    Matter adjourned for taking steps to 22.12.2025.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 22-12-2025
    
    Date: 22-12-2025
    Business: PO is on leave.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 23-02-2026
    
    Date: 23-02-2026
    Business: IN THE COURT OF H.H.J. V. G. RAGHUWANSHI JUDGE CITY CIVIL COURT C.R. NO. 61
    None for plaintiff.
    None for defendant.
    There appears to be element of settlement hence matter referred for Lok-Adalat.
    Issue notice to both side.
    Matter adjourned for Lok-Adalat to 14.03.2026.
                                                                                     Judge
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 14-03-2026
    
    Date: 14-03-2026
    Business: NATIONAL LOK-ADALAT HELD ON 14.03.2026 (Panel-IX)               Matter pertains to C.R. No. 61
    None for plaintiff.
    None for defendant.
    Matter is not settled.
    Matter adjd for taking steps to 07.05.2026.
           Adv. B. Sharada                                     HHJ. SHRI. S. M. PATIL
            Panel Member                                              Panel Head
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 07-05-2026
    
    Date: 07-05-2026
    Business: IN THE COURT OF H.H.J. SHRI. R. V. BHAKTA JUDGE CITY CIVIL COURT C.R. NO. 61
    None for plaintiff.
    None for defendant.
    Matter adjourned for taking steps to 23.07.2026.
                                                                                     Judge
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 23-07-2026
    
    Date: 23-07-2026
    Business: IN THE COURT OF H.H.J. SHRI. R. V. BHAKTA JUDGE CITY CIVIL COURT C.R. NO. 61
    Adv. Neha Mamtule i/b Imtiyaz Patel for plaintiff is present and seeks time. O-granted as last Chance.
    None for defendant.
    The record show that the suit is pending for the steps since long. However the plaintiff has not taken any effective steps. In the interest of justice last chance is granted to plaintiff to take steps otherwise suit will be dismissed on the next date for want of steps.
    Matter adjourned for steps/dismissal to 19.09.2026.
                                                                                     Judge
    Next Purpose: DISMISSAL
    Next Hearing Date: 19-09-2026
    
    Date: 19-09-2026
    Business: IN THE COURT OF H.H.J. SHRI. R. V. BHAKTA JUDGE CITY CIVIL COURT C.R. NO. 61
    Adv. I. A. Patel for plaintiff is present and submitted that he has challenged the order passed by this Court on the notice of Motion given by defendant under Order 7 Rule 11. Hence seeks time to take suitable steps.
    None for defendant.
    Matter adjourned for dismissal to 07.11.2026.
                                                                                     Judge
    Next Purpose: DISMISSAL
    Next Hearing Date: 07-11-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 111445/2019
    Filing Date: 18-10-2019
    First Hearing Date: 06th December 2019
    Court Number And Judge: 61-COURT 61 ADDL  SESSIONS JUDGE

    Orders

    0

    No order text is available in this record.

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