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SUIT - SHORT CAUSE CIVIL SUIT

Mukhtar Ahmed s/o Ali Kabir AnsariVsJaved s/o Iliyas Shaikh +2 more

CNR MHCC01011373201965-COURT 65 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 30th March 2024

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
102921/2019
Registration Date
11 Nov 2019

Advocates

1

For Respondent

    Not available

    Parties

    4

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 34 and 37

    Case History / Proceedings

    Case History
    Date: 20-11-2019
    Business: Matter pertain to CR No.9
    Moved by preceipe.
    Adv.M/s V.R.Tripathi and Assoc. for plaintiff present tendered draft Notice of Motion alongwith affidavit.O-Leave is granted to register the Notice of Motion.
    Draft notice of motion handed-over to the plaintiff advocate for reregistration.
    Matter is already adj to 25/11/2019 for N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 25-11-2019
    
    Date: 25-11-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 02-12-2019
    
    Date: 02-12-2019
    Business: Adv. V. R. Tripathi for plaintiff present.
    None present for defendant.
    Court is busy in hearing arguments of N/M no. 3002/19. Hence, board is discharged.
    Case is adjourned to 29.02.2020 for NM Hearing.
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-02-2020
    
    Date: 29-02-2020
    Business: Advocate Rajesh Dikshit for Plaintiff present
    None present for Defendant.
    Case is adjourned to 20/06/2020 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-06-2020
    
    Date: 20-06-2020
    Business: National Lock down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-08-2020
    
    Date: 18-08-2020
    Business: Due to Covid 19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-10-2020
    
    Date: 22-10-2020
    Business: None present for Plaintiffs.
    None present for Defendants.
    Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 25.01.2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-01-2021
    
    Date: 25-01-2021
    Business: None present for plaintiff.
    None present for defendant.
    As nobody is present for both the parties, considering present pandemic condition, matter is adjd. for NM hearing to 26.04.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-04-2021
    
    Date: 26-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-07-2021
    
    Date: 28-07-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-10-2021
    
    Date: 04-10-2021
    Business: Adv Mr. Tripathi for plff present and tendered registered NM No.4399/2019 along with bailiff report.  Bailiff report shows that defts are served but they did not appear.
    Matter is adjd. for NM hearing to 21.10.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-10-2021
    
    Date: 21-10-2021
    Business: Adv Mr. Tripathi present for plff.
    None present for deft.
    Heard argument.
    Matter is adjd. for order to 23.10.2021.
    Next Purpose: ORDER
    Next Hearing Date: 23-10-2021
    
    Date: 23-10-2021
    Business: None present for both the parties.
    Court is busy in other matters, for want of time, this matter is adjd. for order to 27.10.2021.
    Next Purpose: ORDER
    Next Hearing Date: 27-10-2021
    
    Date: 27-10-2021
    Business: Adv. Mr. Tripathi present for plff.
    Noen present for deft.
    Court is busy in hearing arguments in other matters hence, for want of time, this matter is adjd. for order to 09.11.2021.
    Next Purpose: ORDER
    Next Hearing Date: 09-11-2021
    
    Date: 09-11-2021
    Business: Adv Mr. Rajesh Dixit present for plff present.
    None present for defts.
    F.R.S.R. following order is passed in NM No.4399/2019
                        ORDER
         Notice of Motion No.4399 of 2019 is partly allowed as under.
         Pending final decision of the suit, defendant Nos.1 to 4 or anybody claiming through them are temporarily restrained from entering into and parking their vehicles in the suit premises, without following the due process of law.
                  ----
    Matter is adjd. for service of writ of summons on deft No.3 and order against deft Nos.1,2 and 4 to 12.01.2022.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 12-01-2022
    
    Date: 12-01-2022
    Business: Adv. V.R. Tripathi present for plaintiff and seeks time to serve the defendants with writ of summons.
    None present for deft.
    Considering the present pandemic condition and SOP issued by Hon’ble High Court, matter is adjd. for service of writ of summons to 5/4/2022.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 05-04-2022
    
    Date: 05-04-2022
    Business: Adv Mr. Dixit h/f Adv V.R. Tripathi present for plff. and seeks adjournment to serve the deft with writ of summons.
    None present for deft.
    On request of adv for plff, matter is adjd. for writ of summons to 18.06.2022.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 18-06-2022
    
    Date: 18-06-2022
    Business: Court on leave
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 25-07-2022
    
    Date: 25-07-2022
    Business: Adv. Mr. V..R. Tripathi for plaintiff present.
    None present for defendant.
    Order below Exh.1
    Read the writ of summons and bailiff reports dated 30.11.2019.  Suit summons is duly served on defendant No.1, 2 and 4.  They remained absent. Hence, suit to proceed exparte against defendant No.1, 2 and 4.
    The plaintiff to file service affidavit in respect of defendant No.3
    Matter adjd to 22.09.2022 for taking steps against defend No.3.
    Judge
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 22-09-2022
    
    Date: 22-09-2022
    Business: Adv.V.R.Tripathi for plaintiff present. He submits that plaintiff wants to delete defendant No.3. He requested for time to take steps for the same. Hence, adjourned for steps by plaintiff.
    As per oral request of plaintiff matter adjd to 12.12.2022 for steps by pltff.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 12-12-2022
    
    Date: 12-12-2022
    Business: Court is on leave hence matter Adjourned
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 10-02-2023
    
    Date: 10-02-2023
    Business: court is on leave.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 30-03-2023
    
    Date: 30-03-2023
    Business: None present for the plaintiff.
    Matter adj. to 23.06.2023 for steps by the plaintiff.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 23-06-2023
    
    Date: 23-06-2023
    Business: None present for the plaintiff.
    Matter is adjd.to 17-08-2023 for steps by the plaintiff.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 17-08-2023
    
    Date: 17-08-2023
    Business: Court is on leave.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 04-10-2023
    
    Date: 04-10-2023
    Business: None for plaintiff.
    None for defendant
    From the perusal of the record, it appears that  the plaintiff failed to serve the defendant no. 2 with the writ of summons since last over around 4 years. On 22-09-2022 the plaintiff counsel appears to have made statement that the plaintiff intends to delete the name of defendant no. 2. The plaintiff however didnt take any steps either to serve the defendant no. 3 with the writ of summons or to delete his name from the cost title of the suit. The suit therefore, stands dismissed against defendant no. 2 for default. The other defendants are already set exparte vide roznama dtd. 25-07-2022. The matter is adjourned as a last chance to plaintiff to adduce plaintiff evidence by next date failing which the suit shall be dismissed for want of prosecution.
    Matter is adjd.to 05-12-2023 for Dismiss.
    Next Purpose: DISMISSAL
    Next Hearing Date: 05-12-2023
    
    Date: 05-12-2023
    Business: None present from Plaintiff.
    None present from Defendant.
    Matter is adjourned to  03.012024 for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 03-01-2024
    
    Date: 03-01-2024
    Business: None for Plaintiff present.
    None for defendant present.
    Matter stands adjourned on 18.03.2024 for dismissal order.
    Next Purpose: DISMISSAL
    Next Hearing Date: 18-03-2024
    
    Date: 18-03-2024
    Business: P.O. is on leave.
    Next Purpose: DISMISSAL
    Next Hearing Date: 30-03-2024
    
    Date: 30-03-2024
    Business: None for Plaintiff present.
    None for defendant present.
    As the plaintiff and his advocate are absent since long and they are absent today also till 11.30 am, Suit No.2921/2019 is dismissed in default. Proceeding of Suit No.2921/2019 is closed.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 30-03-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 112090/2019
    Filing Date: 07-11-2019
    First Hearing Date: 20th November 2019
    Decision Date: 30th March 2024
    Court Number And Judge: 65-COURT 65 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    30 Mar 2024
    Order Details: Other
    Pdf Text: 30.03.2024
    Sr. No. 4
    SU 2921/19
    CORAM :- H.H.J. SHRI. R.R. BHAGWAT (CR.65)
    None for Plaintiff present.
    None for defendant present.
    As the plaintiff and his advocate are absent since long and they are
    absent today also till 11.30 am, Suit No.2921/2019 is dismissed in
    default. Proceeding of Suit No.2921/2019 is closed.
    Judge
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