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SUIT - SHORT CAUSE CIVIL SUIT

Iqbal Ebrahim Chunawala +4 moreVsShaikh Mahmood s/o Hasan Ebrahim Chunawala +1 more

CNR MHCC01012146201965-COURT 65 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
PENDING

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
103300/2019
Registration Date
10 Dec 2019
Next Hearing Date
29 Oct 2026
Case Stage
NM FOR HEARING

Advocates

1

For Respondent

    Not available

    Parties

    7

    Acts & Sections

    1
    Hindu Marriage Act · Sec 34 and 37

    Case History / Proceedings

    Case History
    Date: 10-01-2020
    Business: Plaintiff present.
    None present for Defendant.
    Court is busy in recording evidence in suit no.334/14 and court has to entertain two part-heard suits, hence case is adjourned to 27/03/2020.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 27-03-2020
    
    Date: 27-03-2020
    Next Purpose: DIRECTIONS
    Next Hearing Date: 08-04-2020
    
    Date: 08-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: DIRECTIONS
    Next Hearing Date: 20-04-2020
    
    Date: 20-04-2020
    Business: National Lock down
    Next Purpose: DIRECTIONS
    Next Hearing Date: 30-05-2020
    
    Date: 30-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: DIRECTIONS
    Next Hearing Date: 17-06-2020
    
    Date: 17-06-2020
    Business: Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 12/08/2020.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 12-08-2020
    
    Date: 12-08-2020
    Business: As holiday hence adjourned tomorrow.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 13-08-2020
    
    Date: 13-08-2020
    Business: Due to corona pandemic and lockdown
    Next Purpose: DIRECTIONS
    Next Hearing Date: 08-10-2020
    
    Date: 08-10-2020
    Business: None present for plaintiffs.
    None present for Defendants.
    Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 08/01/2021 for Directions.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 08-01-2021
    
    Date: 08-01-2021
    Business: Adv Mr. Rajesh Dixit h/f M/s V.R. Tripathi & Asso. for Plaintiff present.
    It appears that Plaintiff has yet not served the defendant with writ of summons. Advocate Mr. Dixit submitted that Plaintiff no. 1 has expired. He filed ch/s for bringing HLRs of the Plaintiff on record along with affidavit in support. Leave to register ch/s is granted.
    Time to serve the defendants with writ of summons is extended till next date.
    Matter is adjd. for service writ of summons to 03.04.2021.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 03-04-2021
    
    Date: 03-04-2021
    Business: Adv Rajesh Dixit for plff present and seeks time to serve defendant No.2 with NM and Chamber Summons. Advocate for the plaintiffs seeks liberty to serve defendant No.2 with NM and Chamber Summons through Bailiff. O-Liberty is granted as prayed.
    None present for deft.
    Matter adjourned for service to 18.06.2021.
    Next Purpose: SERVICE
    Next Hearing Date: 18-06-2021
    
    Date: 18-06-2021
    Business: Adv. Shri Rajesh Dixit for plaintiff present and seeks time to serve defendant No.2 with NM, Chamber summons and Writ of Summons.
    Advocate for the plaintiffs seeks liberty to serve defendant No.2 with NM, Chamber Summons and Writ of Summons through Bailiff. O-Liberty is granted as prayed.
    None present for defendant.
    Matter adjourned for service to 26.07.2021.
    Next Purpose: SERVICE
    Next Hearing Date: 26-07-2021
    
    Date: 26-07-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: SERVICE
    Next Hearing Date: 26-08-2021
    
    Date: 26-08-2021
    Business: Applicant No.1 present in person.
    Adv Mr. Tripathi for plff present and filed bailiff report.
    Report of bailiff shows that defendant No.1 is served with Ch/s but did not appear. Bailiff report further shows that deft No.2 is served with Ch/s by substitute mode. He also did not appear. Contention raised in the affidavit filed in support of ch/s about causing death of plff No.1 on 13.04.2020 is supported by the death certificate produced on record today by the ld. Adv. for the plff. There is no resistance to the ch/s hence, there is no reason for disbelieving the statement made in the affidavit filed in support of the Ch/s that applicants are the HLRs of the deceased plaintiff No.1. In view of it, Ch/s No.186/2021 is allowed as prayed. Plaintiff/applicants to carry out  amendment as per schedule within two weeks from today.
    Matter is adjd. for compliance to 22.09.2021.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 22-09-2021
    
    Date: 22-09-2021
    Business: Adv Mr. Dixit h/f Adv.Mr.Tripathi present for the plff. and submitted that amended plaint copy is already served on defts.
    He submitted that registered NM No.436/2021 is already tendered in the Court along with affidavit. Though there is no entry in the roznama about tendering the registered NM in the Court, said registered NM No.436/2021 is available on  record along with its supporting affidavit.
    Deft No.2 present in person for himself and deft No.1 by saying that deft No.1 is his elder brother. He seeks time to engage advocate and for filing reply to NM and WS.
    Matter is adjd. for WS and NM reply to 28.10.2021.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 28-10-2021
    
    Date: 28-10-2021
    Business: Adv Mr. Dixit present for plff.
    Deft No.1 present for deft.and seeks adjournment by submitting that the adv. appointed by deft Nos.1 and 2 is out of station today.
    Last chance is granted till next date.
    Matter is adjd. for NM reply to 03.12.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 03-12-2021
    
    Date: 03-12-2021
    Business: Adv. Dixit for plaintiff present.
    Defendant No.1 present in person and seeks adjournment by submitting that his advocate is not available today.
    Adjournment to file reply to NM is granted as a last chance till next date.
    Matter is adjd. for filing reply to 17.01.2022.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-01-2022
    
    Date: 17-01-2022
    Business: Adv. Pathak h/f. adv. Asif Shaikh for defendant present and filed vakalatnama at Exh.6 on behalf of defendants of advocate Asif Shaikh.
    He also filed reply on behalf of defendants in NM No.436 of 2021.
    He also filed draft Notice of Motion alongwith affidavit in support for condonation of delay caused in filing written statement. O-Leave to register is granted with direction to serve the plaintiff.
    Advocate Dixit for the plaintiff was prsent in the morning session.
    Written statement of defendants produced with draft NM is kept on record with direction that it will be considered only if, NM for delay condonation taken out by the defendants is allowed.
    Adjourned for NM reply and hearing to 17/02/2022.
    Judge
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-02-2022
    
    Date: 17-02-2022
    Business: Adv Mr. Dixit present for plff.
    Adv Mr. J.S. Yadav h/f Adv Mr. Asif Shaikh present for deft. and tendered registered NM No.433/2022 alongwith affidavit in support.
    On request of adv. for plff, matter is adjd. for NM reply to 24.03.2022.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 24-03-2022
    
    Date: 24-03-2022
    Business: None present for plff.
    Adv Ms. Ansari h/f Adv Asif Shaikh  present for deft. and seeks time to file affidavit of service in NM No. 433/2022.
    Matter is adjd. for affidavit of service of NM to 28.06.2022.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 28-06-2022
    
    Date: 28-06-2022
    Business: None present for plaintiff.
    Defendant No.2 present.
    NM No.433/22 is not tendered by the defendant. Defendant to tender it, in default keep for order.
    Matter adjd to 17.08.2022 at morning for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-08-2022
    
    Date: 17-08-2022
    Business: Adv.Rajesh Dixit of plaintiff present.
    Adv.Asif Shaikh for deft. present.
    Adv.of pltff tendered reply to NM No.433/2022 t.o.r. and marked as Exh.7.
    Heard both the sides in NM 433/22.
    Matter adjd to 20.08.2022 for order in NM 433/22.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 20-08-2022
    
    Date: 20-08-2022
    Business: Plaintiff 1(a) present. None present for deft.
    F.R.S.R. the following order is passed.
    ORDER
    1. Notice of Motion No.433/2022 is allowed.
    2. Delay in filing written statement by defendant Nos.1 and 2 is condoned.
    3. They are allowed to file written statement.
    4. Notice of Motion No.433/2022 is disposed of accordingly.
    Written statement filed by deft.No.1 and 2 is t.o.r. and marked as Exh.8.
    Matter adjd to 07.11.2022 for framing of issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 07-11-2022
    
    Date: 07-11-2022
    Business: Court is on Leave.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 16-12-2022
    
    Date: 16-12-2022
    Business: CORAM : SHRI R.A. SASNE, AD-HOC ADDL. SESSIONS JUDGE
    FOR GREATER MUMBAI, (C.R.No.62)
    None present.
    Matter adj. to 20-02-2023 for framing issue.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 20-02-2023
    
    Date: 20-02-2023
    Business: Suit is for the issues but NM is pending, hence, keep in afternoon session.
    LO at 03.05 pm
    Adv.Rajesh Dixit i/b.M/s.V.R.Tripathi and Associates for plaintiff present.
    None present for defendant.
           Adv.for plaintiff requested time to consider whether motion should be proceeded or the case should be proceeded for issues. The plaintiff wants to consider the written statement.
    Matter adjd to 06.04.2023 at 02.45 pm for hearing of NM/issues.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-04-2023
    
    Date: 06-04-2023
    Business: Plaintiff present.
    Adv.Rajesh Dixit h/f.Adv.V.R. Tripathi for plaintiff present.
    None present for defendant. Adv. for plaintiff requested time to file rejoinder in NM.
    Matter adjd to 05.07.2023 for  rejoinder in NM/issues.
    Next Purpose: REJOINDER
    Next Hearing Date: 05-07-2023
    
    Date: 05-07-2023
    Business: Adv. Rajesh Dixit for plaintiff present.
    Defendant inperson present
    As Court is busy in dictating order in suit no. 984/23 and V.C. in suit no. 1233/17. Hence, matter is adjourned.
    Matter is adjd.to 21-08-2023 for rejoinder.
    Next Purpose: REJOINDER
    Next Hearing Date: 21-08-2023
    
    Date: 21-08-2023
    Business: Adv. Rajesh Dixit  for plaintiff present.
    Defendant no. 1 in person present.
    Matter is adjd.to 26-09-2023 for rejoinder
    Next Purpose: REJOINDER
    Next Hearing Date: 26-09-2023
    
    Date: 26-09-2023
    Business: None for plaintiff.
    Defendant in person present.
    Matter is adjd.to 08-11-2023 for rejoinder as a last chance by plaintiff.
    Next Purpose: REJOINDER
    Next Hearing Date: 08-11-2023
    
    Date: 08-11-2023
    Business: Adv. Dixit  for plaintiff present.
    None for defendant
    Matter is adjourned to 13-12-2023 for Rejoinder.
    Next Purpose: REJOINDER
    Next Hearing Date: 13-12-2023
    
    Date: 13-12-2023
    Business: Plaintiff no. 1a in person present.
    Defendant no. 2 in person present.
    Matter is adjourned to 30-01-2024 for rejoinder by plaintiff as a last chance.
    Next Purpose: REJOINDER
    Next Hearing Date: 30-01-2024
    
    Date: 30-01-2024
    Business: Plaintiff No.1(a) present.
    Defendant No.2 present.
    Matter stands adjourned on 16.04.2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-04-2024
    
    Date: 16-04-2024
    Business: Plaintiff No.1(a) in person present and filed affidavit in rejoinder in Notice of Motion No.436/2021 t.o.r. -seen.
    None for defendants No.1 and 2 present.
    Matter stands adjourned on 18.07.2024 for Notice of Motion hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-07-2024
    
    Date: 18-07-2024
    Business: Adv. Dikshi h/f Adv. V. R. Tripathi for plaintiff present.
    Defendant No.1 present his Adv. absent.
    None for other defendant present.
    Keep Back.
    Later on.
    Defendant requested for short adjournment. Adjournment granted.
    Matter stands adjourned on 04/10/2024 for Notice of Motion hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-10-2024
    
    Date: 04-10-2024
    Business: Plaintiff No.1(a) present his Adv. absent.
    Plaintiff requested for grant of adjournment. Adjournment is granted.
    Adv. Asif Shaikh along with defendant present.
    Matter adjourned for Notice of Motion hearing.
    Matter stands adjourned on 12/12/2024 for Notice of Motion hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-12-2024
    
    Date: 12-12-2024
    Business: Plaintiff no. 1a present.
    Advocate for plaintiff absent.
    Adv. Ashif Shaikh for defendant present.
    Matter stands adjourned on 17/02/2025 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-02-2025
    
    Date: 17-02-2025
    Business: Plaintiff No.1(a) present his Adv. absent.
    Adv. Ashfa Shaikh along with defendant present.
    Adv. for plaintiff is absent and not taken any steps for proceeding with pending Notice of Motion since 2021. It appears that plaintiff is not interested in proceeding with Notice of Motion. Hence, Notice of Motion No.436/2021 is dismissed in default and for want of prosecution. Proceeding of Notice of Motion No.436/2021 in Suit No.3300/2019 is closed. Parties to take note.
    Matter stands adjourned on 15/04/2025 for filing draft issues.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 27-03-2025
    
    Date: 27-03-2025
    Business: Not on board. Taken on board. By Praecipe.
    Adv. Dixit for plaintiff present and requested for taking matter on todays board by moving praecipe. O-granted. Taken on record and marked as Exhibit-9.
    Adv. for plaintiff filed draft Notice of Motion along with affidvit. Leave granted to register it.
    Matter already stands adjourned on 15/04/2025 for filing draft issues/ service, reply, and filing registered Notice of Motion.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 15-04-2025
    
    Date: 15-04-2025
    Business: Adv. Dixit for plaintiff present and submitted registered Notice of Motion No.1947/2025 along with affidavit. Taken on record.
    Adv. Asif Shaikh for defendant present and seeks time for filing reply. Time granted.
    Matter stands adjourned on 05/05/2025 for filing reply.
    Next Purpose: REPLY
    Next Hearing Date: 05-05-2025
    
    Date: 05-05-2025
    Business: Adv. Dixit along with plaintiff present.
    Adv. Ashfa Shaikh for defendant present and seeks time for filing reply. Time granted as a last chance.
    Defendant No.2 present.
    Matter stands adjourned on 23/06/2025 for filing reply.
    Next Purpose: REPLY
    Next Hearing Date: 23-06-2025
    
    Date: 23-06-2025
    Business: P.O. is on leave.
    Next Purpose: REPLY
    Next Hearing Date: 09-09-2025
    
    Date: 09-09-2025
    Business: Plaintiff no. 1(a) present their advocate absent.
    Adv. Afsha Shaikh h/f Adv. Asif Shaikh for defendant  present.
    Defendant no. 2 present.
    Matter stands adjourned on 13.10.2025 for                                                                       reply.
    Next Purpose: REPLY
    Next Hearing Date: 13-10-2025
    
    Date: 13-10-2025
    Business: Adv. Tripathi for plaintiff present.
    Adv. Asfa Shaikh for defendant present and filed say on Notice of Motion No.1947/2025 itself.
    Matter stands adjourned on  12/12/2025 for filing say on Notice of Motion.
    Next Purpose: FILING SAY
    Next Hearing Date: 12-12-2025
    
    Date: 12-12-2025
    Business: Adv. Dixit for plaintiff present.
    Adv. Asif Shaikh for defendant present.
    Record revels that the say filed on Notice of Motion No.1947/2025 so the matter needs to proceed further arguments. Learned Adv. for plaintiff requested to adjourned the matter for hearing.
    Matter stands adjourned on 07/01/2026 for Notice of Motion hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-01-2026
    
    Date: 07-01-2026
    Business: None for plaintiff present.
    Adv. Asif Shaikh for defendant No.1 and 2 present.
    Defendant No.2 present.
    Matter stands adjourned on 10/02/2026 for Notice of Motion hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-02-2026
    
    Date: 10-02-2026
    Business: P. O. is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-03-2026
    
    Date: 30-03-2026
    Business: Board is discharge.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-07-2026
    
    Date: 06-07-2026
    Business: None for plaintiff present.
    None for defendant present.
    Matter is for NM hearing. However, as per Oral direction of Honble Principal Judge No adverse order are to be passed, due to heavy rain. Hence, matter is adjourned.
    Matter stands adjourned on  21-09-2026 for NM hearing
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-09-2026
    
    Date: 21-09-2026
    Business: Plaintiff no. 1 present his Adv. absent.
    Adv. Arsha Shaikh a/w defendant no 2 present.
    The Notice of Motion is for hearing. Plaintiff in person has sought an adjournment on the ground of ill health of his Adv.  The present Notice of Motion is pending since 2025. However, considering the reason, Time granted as last chance.
    Matter stands adjourned on 29-10-2026 for hearing of Notice of Motion as last chance.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-10-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 112969/2019
    Filing Date: 25-11-2019
    First Hearing Date: 10th January 2020
    Court Number And Judge: 65-COURT 65 ADDL SESSIONS JUDGE

    Orders

    0

    No order text is available in this record.

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