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SUIT - SHORT CAUSE CIVIL SUIT

Farina Ashfaque ShaikhVsMHADA +1 more

CNR MHCC0101077220198-COURT 08 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 21st January 2023

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
102754/2019
Registration Date
21 Oct 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Petitioner

    1. 1Farina Ashfaque Shaikh

    Respondent

    1. 1MHADA
    2. 2Mumbai Bldg. Repair and Reconstruction Board

    Acts & Sections

    1
    Hindu Marriage Act · Sec 37

    Case History / Proceedings

    Case History
    Date: 23-10-2019
Business: The court is on leave
Next Purpose: DIRECTIONS
Next Hearing Date: 08-11-2019

Date: 08-11-2019
Business: Adv. Jamkhandi for the Plaintiff present.
Adv.  Satamkar h/f Adv. Kandekar for Defendant present.
Affidavit of service filed by adv. for Plaintiff
Registered N/M 3981/19 @ affidavit in support filed by adv. for Plaintiff.
Exh.1-Plaint
Exh.2-V/p of adv. of plaintiff.
Exh.3-Memorandum of address.
Exh.4-V/p filed by adv. Satamkar for defendant. t.o.r.
Earlier order to continue till next date.
Matter is adjd. to 02.12.2019 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-12-2019

Date: 02-12-2019
Business: Adv. Rohit Naik for plaintiff present.
Adv. Satamkar for defendant present.
He seeks time to file reply to NM.
Earlier order, if any, to continue till next date.
Matter adj for reply to 13.01.2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-01-2020

Date: 13-01-2020
Business: Adv.Jamkhandi for Plaintiff is present he seeking time to service of writ of summon on defendant. Time granted.
Adv.Kandekar for defendant no. 1 and 2 is present he seeking time to file N/M reply. Time granted as a last chance.
Earlier ad interim order be continued till next date.
Matter is adjd.  for N/M reply/ service to 29/02/2020 .
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-02-2020

Date: 29-02-2020
Business: Adv. Jamkhandi for the Plaintiff present.
Adv. Satam for D/1 and 2 present.
He accept that MHADA to be served officially.
Adinterim order continued till next date.
Adjd. to 2/4/2020 for service of summons / reply.
Next Purpose: SERVICE
Next Hearing Date: 02-04-2020

Date: 02-04-2020
Next Purpose: SERVICE
Next Hearing Date: 24-04-2020

Date: 24-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 15-05-2020

Date: 15-05-2020
Business: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 29-05-2020

Date: 29-05-2020
Business: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 16-06-2020

Date: 16-06-2020
Business: national lock down
Next Purpose: SERVICE
Next Hearing Date: 15-10-2020

Date: 15-10-2020
Business: Advocate Mr. Jamkhandi for the plaintiff present.
None present for the defendants.
Due to lock-down earlier order be continued till next date.
Matter is adjd to 05.02.2021.
Next Purpose: SERVICE
Next Hearing Date: 05-02-2021

Date: 05-02-2021
Business: Adv. Jamkhande for plff present.
Adv. Pathak for deft no.1 and 2 present.
On oral request of the adv for deft nos.1 and 2, matter is adjd. to 05.04.2021 for reply to N/M
Next Purpose: REPLY
Next Hearing Date: 05-04-2021

Date: 05-04-2021
Business: Due to SOP only urgent matter  are taken up. Hence, the Board is
discharged.
Matter is adjd. to 07.07.2021 for reply.
Next Purpose: REPLY
Next Hearing Date: 07-07-2021

Date: 07-07-2021
Business: Due to COVID-19 pandemic.
Matter is adjourned.
Next Purpose: REPLY
Next Hearing Date: 30-08-2021

Date: 30-08-2021
Business: Court is on leave
Next Purpose: REPLY
Next Hearing Date: 25-11-2021

Date: 25-11-2021
Business: Adv Jamkhandi present for the plaintiff.
Earlier order if any to continue till next date.
Matter is adjd. to 07.01.2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-01-2022

Date: 07-01-2022
Business: Matter pertains to CR.09
Adv. Mr.Jamkhandi  for  the Plaintiff present.
None present for the Defts.
Earlier order, if any to continue till next date.
Matter is adjd. to 18.02.2022 for N/M Reply/Rej.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-02-2022

Date: 18-02-2022
Business: Adv. Jamkhandi for plaintiff present.
Adv. Pathak h/f adv. Kandekar for MHADA present and seeks time to file reply.  Time is granted.
Earlier order if any to continue till next date.
Matter is adjd. for Notice of Motion reply to 28/4/2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-04-2022

Date: 28-04-2022
Business: As court is busy in hearing arguments and dictating order on draft NM in suit no. 1021/22, suit no. 1022/22, suit no. 1023/22, suit no. 1024/22 and suit no. 1025/2022. Hence, board is discharged and Matter adjourned for nm reply rejoinder to 26/07/22.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-07-2022

Date: 26-07-2022
Business: Adv. Kulkarni hf adv. Jamkhadi present for plaintiff.
Adv. Pathak hf adv. Kandekar present for defendant/MHADA and sought adjournment to file reply.
Earlier order, if any, to continue till next date.
Matter adjourned for nm reply as a last chance to 26/08/22.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-08-2022

Date: 26-08-2022
Business: None present for plaintiff.
Adv. Pathak hf adv. Kandekar present for defendant/MHADA.
Earlier order, if any, to continue till next date.
Matter adjourned for passing no reply order to 27/09/22.
Next Purpose: ORDER
Next Hearing Date: 27-09-2022

Date: 27-09-2022
Business: None present for plaintiff.
Adv. Pathak hf adv. Kandekar present for defendants/MHADA.
It appears that, Inspite of just opportunities, defendants did not filed reply to the nm no. 3981/19, Hence, notice of motion 3981/19 be proceeded without reply of defendants.
Earlier order, if any, to continue till next date.
Matter adjourned for nm hearing to 15/10/22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-10-2022

Date: 15-10-2022
Business: None present for plaintiff.
Adv. Pathak hf adv. Kandekar present for defendant/MHADA.
Earlier order, if any, to continue till next date.
As plaintiff and her adv. are absent, Matter adjourned for nm dismissal order to 19/11/22.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 19-11-2022

Date: 19-11-2022
Business: None present for plaintiff.
Adv Pathak h/f Adv Kandekar present for defendant/MHADA.
From the record it appears that, since long plaintiff and his adv are  absent and did not take steps to proceed with NM no. 3981/2019. Therefore the matter is kept for Notice of Motion dismissal order. Today also plaintiff and his adv are absent. From the above conduct of plaintiff, it appears that plaintiff is not interested to proceed with NM no. 3981/2019. Therefore, it will be appropriate to dismiss the NM no. 3981/2019 as per Order 9 Rule 8 Of Code Of Civil Procedure. Hence, NM no. 3981/2019 is dismissed as per Order 9 Rule 8 Of Code Of Civil Procedure.
Matter adjourned for Steps to 10.01.2023.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 10-01-2023

Date: 10-01-2023
Business: None present for plaintiff.
None present for defendants.
From the record it appears that, since long plaintiff is absent and did not take steps to proceed further with the suit. Hence, Matter adjourned for dismissal order to 21/01/23.
Next Purpose: DISMISSAL
Next Hearing Date: 21-01-2023

Date: 21-01-2023
Business: None present for plaintiff.
None present for defendants.
KB
From the record it appears that, plaintiff and his adv are absent since long and did not take steps to proceed further with the suit. Hence, the suit is kept for dismissal order. However, today also plaintiff and his adv are absent and did not take steps for proceeding further with the suit. From the above conduct of the plaintiff it appears that plaintiff is not interested to proceed with the suit. Defendants are also not present today. Considering the above fact, it will be appropriate to dismissed the suit for default as per Order 9 Rule 3 of Code of Civil Procedure. Hence, suit is dismissed as per Order 9 Rule 3 of Code of Civil Procedure.
Proceeding is closed.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 21-01-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 111564/2019
Filing Date: 21-10-2019
First Hearing Date: 23rd October 2019
Decision Date: 21st January 2023
Court Number And Judge: 8-COURT 08 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    21 Jan 2023
    Order Details: Other
Pdf Text: Daily Status
IN THE COURT OF :COURT 08 ADDL SESSIONS JUDGE
Case No. :SUIT/0102754/2019
Farina Ashfaque Shaikh Vs MHADA
Date : 21-01-2023
Business : None present for plaintiff. None present for defendants. KB
From the record it appears that, plaintiff and his adv are
absent since long and did not take steps to proceed further
with the suit. Hence, the suit is kept for dismissal order.
However, today also plaintiff and his adv are absent and did
not take steps for proceeding further with the suit. From the
above conduct of the plaintiff it appears that plaintiff is not
interested to proceed with the suit. Defendants are also not
present today. Considering the above fact, it will be
appropriate to dismissed the suit for default as per Order 9
Rule 3 of Code of Civil Procedure. Hence, suit is dismissed
as per Order 9 Rule 3 of Code of Civil Procedure.
Proceeding is closed.
Nature of Disposal : DISMISSED IN DEFAULT
Disposal Date : 21-01-2023
COURT 08 ADDL SESSIONS JUDGE
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