SUIT - SHORT CAUSE CIVIL SUIT
Shaheda Khatoon w/o. Afaq Hussain ShaikhVsAijaz s/o. Afaq Hussain Shaikh +1 more
CNR MHCC01011820201962-COURT 62 AD-HOC ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 03rd November 2023
TrustJury record updated 23 Sept 2026
Case Overview
- Registration Number
- 103050/2019
- Registration Date
- 21 Nov 2019
Advocates
1For Petitioner
For Respondent
Not available
Parties
3Acts & Sections
1Protection of Women from Domestic Violence Act · Sec CPC 9
Case History / Proceedings
Case History
Date: 12-12-2019 Business: Adv. Khan Javed Akhtar for Plaintiff present and submitted Plaintiff is NM is being filed on behalf of plaintiff. None for defendant. KB... Adv. For Plaintiff tendered draft NM with affidavit. O- Leave granted to register NM. Plaintiff is directed to serve copies of NM upon defendant\''s. Case is adjourned to 03/01/2020 for NM reply. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 03-01-2020 Date: 03-01-2020 Business: Advocate Mr. Khan Javed Akhtar for Plaintiff present and filed registered Notice of Motion no.4863/2019 with affidavit in support, t.o.r. None present for Defendant. K.B. L.O. Plaintiff advocate submitted that he will file affidavit of service of writ of summons. Considering submissions adjourned. Case is adjourned to 10/01/2020 for Service of NM. Next Purpose: SERVICE Next Hearing Date: 10-01-2020 Date: 10-01-2020 Business: Plaintiff present with her advocate Mr. Ashif Shaikh and he has filed affidavit of service of Notice of Motion t.o.r. Advocate Mr. Jankar for Defendant no.1 and 2 present and undertook to file vakalatnama on behalf of Defendant. Case is adjourned to 05/03/2020 for filing vakalatnama, Written Statement and NM reply. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 31-01-2020 Date: 31-01-2020 Business: Advocate Mr. Khan Javed Akhtar for Plaintiff present and filed draft Notice of Motion with affidavit in support of Notice of Motion. Leave to register Notice of Motion is granted. Copy of Notice of Motion be served upon other side. Heard. Considering submissions, date of the suit is preponed to 05/02/2020. Plaintiff is directed to serve upon Defendant informing that the date is preponed. Case is adjourned to 05/02/2020. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 05-02-2020 Date: 05-02-2020 Business: Advocate Mr. Khan Javed Akhtar for Plaintiff present and filed registered Notice of Motion no.525/2020 with affidavit in support, t.o.r. None present for Defendant. Case is adjourned to 06/03/2020 for NM reply. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 06-03-2020 Date: 06-03-2020 Business: court is on leave. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 20-03-2020 Date: 20-03-2020 Business: None present for Plaintiff. None present for Defendant. It seems that due to fear of Corona Virus, parties may not have appeared today in the matter hence case is adjourned to 25/06/2020. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 25-06-2020 Date: 25-06-2020 Reason For Adjournment: National Lock Down Next Purpose: NM REPLYREJOINDER Next Hearing Date: 24-08-2020 Date: 25-06-2020 Reason For Adjournment: National Lock Down Next Purpose: NM REPLYREJOINDER Next Hearing Date: 24-08-2020 Date: 25-06-2020 Reason For Adjournment: National Lock Down Next Purpose: NM REPLYREJOINDER Next Hearing Date: 24-08-2020 Date: 24-08-2020 Business: As holiday was declared, taken on 27/08/2020. Adjourned due to Covid-19. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 05-11-2020 Date: 05-11-2020 Business: Adv. Khan Javed for Plaintiffs present. None present for Defendants. It seems that due to Corona pandemic, parties are absent, hence case is adjourned to 11.11.2020 for NM Reply. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 11-11-2020 Date: 11-11-2020 Business: Court is on leave. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 04-01-2021 Date: 04-01-2021 Business: None present for Plaintiff/s. None present for defendant/s. As nobody present for both the parties, matter is adjourned for reply to Notice of Motion No.4863/19 and Notice of Motion 525/2020 to 24.03.2021. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 24-03-2021 Date: 04-01-2021 Business: None present for Plaintiff/s. None present for defendant/s. As nobody present for both the parties, matter is adjourned for reply to Notice of Motion No.4863/19 and Notice of Motion 525/2020 to 24.03.2021. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 24-03-2021 Date: 24-03-2021 Business: Court is on leave. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 06-04-2021 Date: 24-03-2021 Business: Court is on leave. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 06-04-2021 Date: 06-04-2021 Business: Adv Jaiswal for plff present. None present for defendant. Considering the present Pandemic Condition, matter is adjourned at same stage till next date. Matter is adjd. for NM reply to 15.04.2021. Judge Next Purpose: NM REPLYREJOINDER Next Hearing Date: 15-04-2021 Date: 15-04-2021 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: NM REPLYREJOINDER Next Hearing Date: 02-07-2021 Date: 15-04-2021 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: NM REPLYREJOINDER Next Hearing Date: 02-07-2021 Date: 02-07-2021 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: NM REPLYREJOINDER Next Hearing Date: 08-07-2021 Date: 02-07-2021 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: NM REPLYREJOINDER Next Hearing Date: 08-07-2021 Date: 02-07-2021 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: NM REPLYREJOINDER Next Hearing Date: 08-07-2021 Date: 08-07-2021 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: NM REPLYREJOINDER Next Hearing Date: 23-08-2021 Date: 08-07-2021 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: NM REPLYREJOINDER Next Hearing Date: 23-08-2021 Date: 08-07-2021 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: NM REPLYREJOINDER Next Hearing Date: 23-08-2021 Date: 23-08-2021 Business: Court is on leave. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 22-10-2021 Date: 23-08-2021 Business: Court is on leave. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 22-10-2021 Date: 23-08-2021 Business: Court is on leave. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 22-10-2021 Date: 22-10-2021 Business: Adv Mr. Khan Javed Akhtar for plff present. None present for deft. Despite granting several opportunities, defts failed to file reply hence, NM No.525/2020 and NM No. 4863/2019 to proceed without reply of defts. Matter is adjd. for NM hearing to 11.11.2021. Next Purpose: NM FOR HEARING Next Hearing Date: 11-11-2021 Date: 11-11-2021 Business: Adv Mr. Khan Javed Akhtar for plff present and seeks time to argue NM. None present for deft. Matter is adjd. for NM hearing to 16.12.2021. Next Purpose: NM FOR HEARING Next Hearing Date: 16-12-2021 Date: 16-12-2021 Business: Adv Mr. Khan Javed Akhtar present for plff. and filed one case law on law point in NM No.4863/19 and 525/2020 by submitting that he has already argued on facts previously. None present for deft. Heard argument of adv for plff in NM No.4863/2019 and NM No.525/2020. Matter is adjd. for argument of deft to 18.01.2022. Next Purpose: ARGUMENTS Next Hearing Date: 18-01-2022 Date: 18-01-2022 Business: Due to Covid-19, matter is adjd. Next Purpose: ARGUMENTS Next Hearing Date: 28-03-2022 Date: 18-01-2022 Business: Due to Covid-19, matter is adjd. Next Purpose: ARGUMENTS Next Hearing Date: 28-03-2022 Date: 18-01-2022 Business: Due to Covid-19, matter is adjd. Next Purpose: ARGUMENTS Next Hearing Date: 28-03-2022 Date: 28-03-2022 Business: Court is on Leave Next Purpose: ARGUMENTS Next Hearing Date: 23-06-2022 Date: 28-03-2022 Business: Court is on Leave Next Purpose: ARGUMENTS Next Hearing Date: 23-06-2022 Date: 28-03-2022 Business: Court is on Leave Next Purpose: ARGUMENTS Next Hearing Date: 23-06-2022 Date: 23-06-2022 Business: Court is on leave Next Purpose: ARGUMENTS Next Hearing Date: 20-07-2022 Date: 20-07-2022 Business: None present for both sides. Due to change of Presiding Officer NM is adjourned for argument of plaintiff and defendant. Matter adjd to 21.09.2022 for NM hearing. Next Purpose: ARGUMENTS Next Hearing Date: 21-09-2022 Date: 21-09-2022 Business: None present for both sides. Matter adjd to 05.12.2022 for NM hearing. Next Purpose: ARGUMENTS Next Hearing Date: 05-12-2022 Date: 21-09-2022 Business: None present for both sides. Matter adjd to 05.12.2022 for NM hearing. Next Purpose: ARGUMENTS Next Hearing Date: 05-12-2022 Date: 21-09-2022 Business: None present for both sides. Matter adjd to 05.12.2022 for NM hearing. Next Purpose: ARGUMENTS Next Hearing Date: 05-12-2022 Date: 05-12-2022 Business: None present for both sides. ORDER IN NM 4863/19 AND NM 525/20 Read the roznama dated 20.07.2022, 21.09.2022. Both parties remained absent on these dates and failed to proceed with their respective motions, hence, both motions are dismissed for default. Matter adjd to 30.01.2023 for written statement/issues. Next Purpose: WRITTEN STATEMENT Next Hearing Date: 30-01-2023 Date: 30-01-2023 Business: Matter pertains to CR No.62. Adv.Vaibhavi Pawar h/f.Adv.Kudalkar for plaintiff present. Defendant No.1 present. Mediation report received from mediation center. TOR and marked as Exh.10. Matter adjd to 23.02.2023 for settlement. Judge Next Purpose: WRITTEN STATEMENT Next Hearing Date: 08-03-2023 Date: 08-03-2023 Business: None present for both sides. Matter adjd to 21.06.2023 for order in respect of WS and issues. Next Purpose: WRITTEN STATEMENT Next Hearing Date: 21-06-2023 Date: 21-06-2023 Business: None for plaintiff. None for defendant. Since the defendant though appeared on 10.01.2020, failed to file their written statement. Hence, suit to proceed without their written statement. Case adjourned for plaintiff evidence. Matter is adjd.to 17-08-2023 for plaintiff evidence. Next Purpose: RECORDING EVIDENCE Next Hearing Date: 17-08-2023 Date: 17-08-2023 Business: Court is on leave. Next Purpose: RECORDING EVIDENCE Next Hearing Date: 18-09-2023 Date: 18-09-2023 Business: None for plaintiff. None for defendant Matter is adjd.to 03-11-2023 for R/E. Next Purpose: RECORDING EVIDENCE Next Hearing Date: 03-11-2023 Date: 03-11-2023 Business: From the perusal of the record, it seen that the plaintiff is not prosecuting the suit diligently though the suit is directed to proceed without written statement of the defendants vide order dtd. 21-06-2023. It is thus apparent that the plaintiff has lost the interest in prosecuting the suit against the defendants. Hence, there is no justification to keep the suit pending anymore but to dismiss the same for default. Suit stands accordingly dismissed. Nature Of Disposal: DISMISSED Disposal Date: 03-11-2023
Additional Case Details
Additional Case Details
Filing Number: 112517/2019 Filing Date: 16-11-2019 First Hearing Date: 12th December 2019 Decision Date: 03rd November 2023 Court Number And Judge: 62-COURT 62 AD-HOC ADDL SESSIONS JUDGE
Orders
1Final Order 103 Nov 2023
03 Nov 2023
Order Details: Other Pdf Text: Back Daily Status IN THE COURT OF :COURT 62 ADDL SESSIONS JUDGE Case No. :SUIT/0103050/2019 Shaheda Khatoon w/o. Afaq Hussain Shaikh Vs Aijaz s/o. Afaq Hussain Shaikh Date : 03-11-2023 Business : From the perusal of the record, it seen that the plaintiff is not prosecuting the suit diligently though the suit is directed to proceed without written statement of the defendants vide order dtd. 21-06-2023. It is thus apparent that the plaintiff has lost the interest in prosecuting the suit against the defendants. Hence, there is no justification to keep the suit pending anymore but to dismiss the same for default. Suit stands accordingly dismissed. Nature of Disposal : DISMISSED Disposal Date : 03-11-2023 COURT 62 ADDL SESSIONS JUDGE -- 1 of 1 --
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