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SUIT - SHORT CAUSE CIVIL SUIT

Mr. Seemab Masroorul HasanVsMr. Rajendra Gundappa Gaste

CNR MHCC0101079120193-COURT 03 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 13th March 2026

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
102807/2019
Registration Date
01 Nov 2019

Advocates

2

For Petitioner

For Respondent

Parties

2

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec CPC 26 (2)

Case History / Proceedings

Case History
Date: 22-11-2019
Business: Adv. Tripathi for plaintiff present.
None present for defendant.
Matter stands Adj for directions to 23.01.2020.
Next Purpose: DIRECTIONS
Next Hearing Date: 23-01-2020

Date: 23-01-2020
Business: None present plaintiff.
Defendant present in person and submitted that he has received the copy of draft NM.
Original NM is not filed by the Ld. counsel for plaintiff.
Time extended to register the draft NM.
Matter stands Adj for reply to NM to 20.03.2020.
Next Purpose: REPLY
Next Hearing Date: 20-03-2020

Date: 20-03-2020
Business: There is no urgency in matter.
As per directions of office order  no. 66 of 2020 r/w notification dated 14.03.2020, board is discharged.
Matter stands Adj for reply to 12.06.2020.
Next Purpose: REPLY
Next Hearing Date: 12-06-2020

Date: 12-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 28-08-2020

Date: 28-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 05-11-2020

Date: 05-11-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 08-01-2021

Date: 08-01-2021
Business: None present.
The case is adjourned to 06.02.2021 for reply.
Next Purpose: REPLY
Next Hearing Date: 06-02-2021

Date: 06-02-2021
Business: None for Plaintiff.
Defendant present. His advocate absent.
Plaintiff has not tendered registered NM.
Plaintiff shall tender original NM on next date.
The case is adjourned to 18.03.2021 for reply.
Next Purpose: REPLY
Next Hearing Date: 18-03-2021

Date: 18-03-2021
Business: As Court is busy in recording evidence in SU No. 2851/15,hence the board is discharged.
The case is adjourned to 28.04.2021 for reply.
Next Purpose: REPLY
Next Hearing Date: 28-04-2021

Date: 28-04-2021
Business: Adjourned due to COVID-19 pandemic.
Next Purpose: REPLY
Next Hearing Date: 19-07-2021

Date: 19-07-2021
Business: Court is vacant
Next Purpose: REPLY
Next Hearing Date: 27-09-2021

Date: 27-09-2021
Business: Matter called out at 4.40 p.m.
Adv. Dinesh Patiram Yadav Reg. No. MAH/6458/2021 for plaintiff plaintiff.
Adv. R. C. Mishra Reg. No. MAH/1190-B/1986 tendered vakalatnama on behalf of defendant. TOR. Exh.5
O-Seen and filed.
He tendered written statement. Admittedly he was served on 16.03.2020 i.e. during suspension period of limitation. Hence, written statement is TOR. Exh.6
Copy served to the other side.
Matter stands adjourned to 23.12.2021 for NM hearing.
                                                                                        Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-12-2021

Date: 23-12-2021
Business: Matter called out at 3.34 p.m.
Adv. M. P. Mishra for plaintiff present.
Defendant in person present.
Matter stands adjourned to 15.02.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-02-2022

Date: 15-02-2022
Business: Matter called out at 3.04 p.m.
Adv. Pradeep Shukla Reg. No.MAH/14604/2021 for plaintiff present. He informed that advocate on record suffering from high fever.
Adv. R. C. Mishra for defendant present.
Matter stands adjourned to 01.04.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-04-2022

Date: 01-04-2022
Business: Matter called out at 3.18 p.m.
Adv. M. P. Mishra for plaintiff present. He has till date, not tendered registered NM. He is directed to tender the same.
In the event of failure to file reg. NM, NM will be dismissed for non-prosecution.
Adv. R. C. Mishra for defendant present.
Matter stands adjourned to 07.06.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-06-2022

Date: 07-06-2022
Business: Adv. M. P. Mishra for plaintiff present. He tendered reg. NM No.4589/19. TOR.
Adv. R. C. Mishra for defendant present. He made a statement to treat his WS as his reply to NM No.4589/2019.
Heard both the sides on NM No.4589/2019.
Following F.R.S.R. order is passed in NM no.4589/2019.
ORDER
1.Notice of Motion No.4589/2019 in S.C. Suit No.2807/2019, is hereby allowed.
2.Defendant is temporarily restrained from dispossessing the plaintiff or any person on his behalf from the suit premises without following due process of law, till pending the hearing and final disposal of the suit.
3.Costs in cause.
4.Notice of Motion stands disposed off accordingly.
Matter stands adjourned to 04.08.2022 for Issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 04-08-2022

Date: 04-08-2022
Business: None present.
Matter stands adjourned to 29.09.2022 for issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 29-09-2022

Date: 29-09-2022
Business: None present.
Matter stands adjourned to 01.12.2022 for issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 01-12-2022

Date: 01-12-2022
Business: None present.
Matter stands adjourned to 21.02.2023 for hearing on issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 21-02-2023

Date: 21-02-2023
Business: None present.
Matter stands adjourned on 25.04.2023 for hearing on issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 25-04-2023

Date: 25-04-2023
Business: None present.
Matter stands adjourned on 27.07.2023 for hearing on issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 27-07-2023

Date: 27-07-2023
Business: As P.O. is on leave, matter is adjourned.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 09-10-2023

Date: 09-10-2023
Business: None for Plaintiff present.
None for defendant present.
Exh.7. Issues are framed.
ISSUES
1. 	Does plaintiff prove that he purchased the suit premises from 	defendant for Rs.7,00,000/-  ?
2. 	Does plaintiff prove that he is in possession of the suit premises 	since 05/04/2016 ?
3.	Does plaintiff prove that defendant is trying to dispossess him 	without following due process of law ?
4.	Is plaintiff entitled for the reliefs as sought ?
5.	What order  and decree ?
Matter stands adjourned on 19-12-2023 for R/E
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-12-2023

Date: 19-12-2023
Business: Both parties absent.
Matter stands adjourned on 05-03-2024 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-03-2024

Date: 05-03-2024
Business: None present.
Plaintiff is directed to adduce evidence and list of document on next date.
Matter stands adjourned on 03-05-2024 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-05-2024

Date: 03-05-2024
Business: None present.
Matter stands adjourned on 23-07-2024 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-07-2024

Date: 23-07-2024
Business: None for Plaintiff present.
None for defendant present.
Matter stands adjourned on 16.10.2024 for R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-10-2024

Date: 16-10-2024
Business: Adv. M. P. Mishra for Plaintiff present.
None for defendant present.
Plaintiff is directed to file evidence along with list of documents of plaintiff on next date without fail.
Matter stands adjourned on 14-01-2025 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-01-2025

Date: 14-01-2025
Business: CORAM - H.H.J. SMT. A. B. SHARMA (CR. 03)
None for Plaintiff present.
None for defendant present.
Plaintiff is directed to file evidence on next date. Last chance is granted.
Matter stands adjourned on 01-04-2025 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-04-2025

Date: 01-04-2025
Business: CORAM - H.H.J. SMT. A. B. SHARMA (CR. 03)
None for Plaintiff present.
None for defendant present.
Matter stands adjourned on 22-07-2025 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-07-2025

Date: 22-07-2025
Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
None present.
Matter stands adjourned to 29-10-2025 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-10-2025

Date: 29-10-2025
Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
None present.
Matter stands adjourned for R/E to 09-03-2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-03-2026

Date: 09-03-2026
Business: CORAM - H.H.J. SHRI. S. M. BUKKE (CR. 03)
None present. Matter is for evidence since 09.10.2023. Plaintiff is absent since 09.10.2023. It be kept for dismissal order. Matter stands adjourned for dismissal order to 13-03-2026.
Next Purpose: DISMISSAL
Next Hearing Date: 13-03-2026

Date: 13-03-2026
Business: None for Plaintiff present.
None for defendant present.
The suit is instituted on 27/10/2019 for declaration and perpetual
 injunction.  The issues were framed on 09/10/2023. Since then suit
 is fixed for evidence of plaintiff.  The plaintiff as well as his
 advocate absent since 19/12/2023. Last chance was granted on
 14/01/2025. Despite of specific directions none appeared. On
 09/03/2026  matter fixed for dismissal order, since then  no steps
 were taken  either the Plaintiffs its  advocate. Now,  after more than
 07 years matter is for the stage of evidence. There is no progress in
 suit, no purpose will serve by keeping the matter pending without
 any progress. Today also the plaintiff as well as his advocate absent
 when called repeatedly.  The conduct of plaintiff shows that he lost
 his interest in the litigation. The plaintiff is not interested in
 prosecuting the suit. Hence the Suit  No. 2807 of 2019  is dismissed
 for want of prosecution and necessary steps, evidence. No order as
 to costs. Notice of Motion, Chamber Summons if any, disposed of as
 infructuous.
Nature Of Disposal: DISMISSED
Disposal Date: 13-03-2026

Additional Case Details

Additional Case Details
Filing Number: 111596/2019
Filing Date: 22-10-2019
First Hearing Date: 22nd November 2019
Decision Date: 13th March 2026
Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE

Orders

1
Final Order 1
13 Mar 2026
Order Details: Other
Pdf Text: Noting dt. 13.03.2026 16 C.R. No.03
13.03.2026
Sr. No. 7
SU 2807/19
CORAM - H.H.J. SHRI. S. M. BUKKE (CR. 03)
None for Plaintiff present.
None for defendant present.
The suit is instituted on 27/10/2019 for declaration and perpetual
injunction. The issues were framed on 09/10/2023. Since then suit
is fixed for evidence of plaintiff. The plaintiff as well as his
advocate absent since 19/12/2023. Last chance was granted on
14/01/2025. Despite of specific directions none appeared. On
09/03/2026 matter fixed for dismissal order, since then no steps
were taken either the Plaintiffs its advocate. Now, after more than
07 years matter is for the stage of evidence. There is no progress in
suit, no purpose will serve by keeping the matter pending without
any progress. Today also the plaintiff as well as his advocate absent
when called repeatedly. The conduct of plaintiff shows that he lost
his interest in the litigation. The plaintiff is not interested in
prosecuting the suit. Hence the Suit No. 2807 of 2019 is dismissed
for want of prosecution and necessary steps, evidence. No order as
to costs. Notice of Motion, Chamber Summons if any, disposed of as
infructuous.
Judge
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