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SUIT - SHORT CAUSE CIVIL SUIT

Mr. Abbas Ali ChirkutVsMr. Abubakar Chirkut +4 more

CNR MHCC01012182201965-COURT 65 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DECREED IN TERMS OF COMPROMISE
Decision Date: 17th February 2025

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
103317/2019
Registration Date
10 Dec 2019

Advocates

1

For Respondent

    Not available

    Parties

    6

    Acts & Sections

    1
    Hindu Marriage Act · Sec 34 · 38 and 39

    Case History / Proceedings

    Case History
    Date: 20-12-2019
    Business: Advocate Mr. Madkaikar along with advocate Mr. Ruturaj Joshi 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.  He also filed affidavit of service, t.o.r.
    Advocate Mr. Shukla for Defendant no.1 and 2 present and filed vakalatnama for Defendant no.1 and 2, t.o.r. and submitted that on next date he will file reply to NM.  Considering submissions adjourned.
    Case is adjourned to 28/01/2020 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 28-01-2020
    
    Date: 28-01-2020
    Business: P.O. is on Leave.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 24-02-2020
    
    Date: 24-02-2020
    Business: Advocate Mr. Joshi for Plaintiff present and filed registered Notice of Motion no.112/2020 with affidavit in support, t.o.r. He further submitted that son of Defendant no.4 has refused to accept writ of summons on behalf of Defendant no.4 hence time may be extended for the same. Time extended till next date for service of writ of summons upon Defendant no.4.  Issue fresh writ of summons against Defendant no.4.
    Advocate Rohan Upadhay for Defendants present and filed reply to Notice of Motion no.112/20, t.o.r. Advocate for Defendants also filed Written Statement, t.o.r. Copy served upon Plaintiff\''s advocate.
    Case is adjourned to 27/04/2020 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-04-2020
    
    Date: 27-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-05-2020
    
    Date: 18-05-2020
    Business: Due to Covid 19 pandemic, matters are adjourned as per Office order no.77.2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-06-2020
    
    Date: 05-06-2020
    Business: Case is adjd.to 23.06.20 in view of extension of Lockdown period as per office order no.83/20 dtd.01.06.20
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-06-2020
    
    Date: 23-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-08-2020
    
    Date: 20-08-2020
    Business: Adjourned due to Covid-19.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-11-2020
    
    Date: 03-11-2020
    Business: None present for Plaintiffs.
    None present for Defendants.
    It seems that due to Corona pandemic, parties are absent, hence case is adjourned to 03.02.2021 for N/M hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-02-2021
    
    Date: 03-02-2021
    Business: Adv Ms. Harshada for plff present.
    Adv Mr. Shaikh Munir for deft No.1 present.
    Advocate for plff seeks adjournment.
    By consent, matter is adjd.  for NM hearing to 05.04.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-04-2021
    
    Date: 05-04-2021
    Business: None present for both the parties hence, considering the present Pandemic Condition, matter adjourned at same stage beyond Summer Vacation.
    Matter is adjd. for NM hearing to 30.06.2021.
    Judge
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-06-2021
    
    Date: 30-06-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-09-2021
    
    Date: 20-09-2021
    Business: None present for plff.
    Adv Mr. Mishra for deft present.
    AS nobody is present for plff, NM No.112/2020 of the plff be kept for dismissal order on next date.
    Matter is adjd. for NM dismissal to 10.12.2021.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 10-12-2021
    
    Date: 10-12-2021
    Business: Adv Mr. Madkaikar present for plff. and requested to remove the matter from NM dismissal caption. He seeks liberty to file affidavit in rejoinder in NM No.112/2019. Since the adv. for the plff is present today, matter be removed from NM dismissal caption. Liberty is granted to file rejoinder. Adv for the plff filed rejoinder in NM No.112/2019.
    Adv Mr. Mishra  present for deft.Nos.1 and 2 .
    Copy of rejoinder served on the adv. for deft Nos.1 and 2.
    By consent, matter is adjd. for NM hearing to 08.02.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-02-2022
    
    Date: 08-02-2022
    Business: Due to Covid - 19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-04-2022
    
    Date: 12-04-2022
    Business: Court is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-07-2022
    
    Date: 25-07-2022
    Business: Adv. Shri krishna khairnar h/f Adv. Madkaikar for plaintiff present.
    Adv. Bhushan mangade for Defendant present.
    on oral request of the plaintiff last chance granted Adj. for NM hearing/settlment.
    Adjourned to 26.09.2022.
                                                                                                 Judge
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-09-2022
    
    Date: 26-09-2022
    Business: Adv.Shrikrishna Khairnar h/f.Adv.Madkaikar for plaintiff present.
    Adv.Bhushan Mengale h/f.Adv.Sudhakar Shete for defendant present.
    Both advocates submits that settlement talks are in progress. Matter can be referred to lok-adalat. Plaintiff wants to take instructions, hence, kb.
    KB
    LO at 04.15 pm
    Adv.Shrikrishna Khairnar h/f.Adv.Madkaikar for plaintiff present. He is willing to refer the matter for lok-adalat. Hence, case is referred to lok-adalat.
    Matter adjd to 12.11.2022 for lok-adalat/settlement/NM hearing.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 12-11-2022
    
    Date: 12-11-2022
    Business: Plaintiff in person present
    None for defendants no. 1 to 5.
    Matter is adjourned to 15-12-2022.
    Not settled.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 15-12-2022
    
    Date: 15-12-2022
    Business: Adv. Mr. Pawan Tiwari for plaintiff present.
    Defendant and advocate absent.
    Matter adjd to 24/02/2023 for N/m hearing/ settlement.
    Judge
    Next Purpose: SETTLEMENT
    Next Hearing Date: 24-02-2023
    
    Date: 24-02-2023
    Business: Adv. Rushikesh Bandekar h/f Madkaikar for plaintiff present.
    None for defendant.
    As court is busy in dictation of judgment in suit no. 4883 of 2007 and 4964 of 2007 Hence matter adjourned.
    Matter adj. to 06-06-2023 for NM hearing/settlement.
    Judge
    Next Purpose: HEARING
    Next Hearing Date: 06-06-2023
    
    Date: 06-06-2023
    Business: Adv. Shreekrishna Khairnar h/f Adv. Paresh Madkaikar for plaintiff present.
    None for deft.
    The Ld. Counsel contend that the parties are likely to be settled dispute amicably and hence, matter be adjourned to next date. Considering this submissions the matter is adjourned to 25-07-2023 for settlement.
    Matter adjd to 25-07-2023 for NM Hrg /settlement
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-07-2023
    
    Date: 25-07-2023
    Business: Court is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-09-2023
    
    Date: 15-09-2023
    Business: Court is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-11-2023
    
    Date: 10-11-2023
    Business: Adv. Shreekrishna Khairnar for plaintiff present.
    None for defendant
    Matter is adjourned to 12-01-2024 for nm hrg
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-01-2024
    
    Date: 12-01-2024
    Business: Adv. Shrikrishna Khairnar h/f. Adv. Paresh Madkaikar for Plaintiff present and submitted that connected matter is in C.R. No.62 for settlement and it is adjourned to 20.02.2024.
    None for defendant present.
    Matter stands adjourned on 20.02.2024 for settlement.
    Next Purpose: SETTLEMENT
    Next Hearing Date: 20-02-2024
    
    Date: 20-02-2024
    Business: Court is on Leave.
    Next Purpose: SETTLEMENT
    Next Hearing Date: 29-04-2024
    
    Date: 29-04-2024
    Business: Advocate Shrikrishna Khairnar h/f Advocate Paresh Madkaikar for Plaintiff absent.
    None for defendants No.1 to 5 present.
    Matter stands adjourned on 20.07.2024 for settlement.
    Next Purpose: SETTLEMENT
    Next Hearing Date: 20-07-2024
    
    Date: 20-07-2024
    Business: Adv. Rishikesh Bandekar h/f Adv. Paresh for plaintiff present.
    None for defendant present.
    Adv. for plaintiff submitted that settlement talks are going on between parties and parties will remain present at Lok Adalat. Matter may be kept in upcoming Lok Adalat. Hence, matter posted for Lok Adalat.
    Matter stands adjourned on 27/07/2024 for Lok Adalat.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 27-07-2024
    
    Date: 27-07-2024
    Business: Matter pertains to C.R. No. 65
    Plaintiff present, his advocate absent.
    Adv. Atul Sonawane for defendant present.
    Defendant present.
    Matter not settled in Lok Nyayalaya, hence Matter referred to regular court.
    Matter adjd to 05-08-2024.
    Next Purpose: REPORT
    Next Hearing Date: 05-08-2024
    
    Date: 05-08-2024
    Business: Plaintiff present his Adv. absent.
    Adv. Atul Sonawane for defendant present and submitted that settlement talks are going on between parties. Hence, matter may be adjourned. Matter adjourned.
    Matter stands adjourned on 26/08/2024 for settlement.
    Next Purpose: SETTLEMENT
    Next Hearing Date: 26-08-2024
    
    Date: 26-08-2024
    Business: P.O. is on leave.
    Next Purpose: SETTLEMENT
    Next Hearing Date: 09-09-2024
    
    Date: 09-09-2024
    Business: Not On Board, Taken On Board
    There is element of settlement of dispute between parties.
    Hence, matter is kept in Lok-Adalat scheduled on 28.09.2024.
    Accordingly, issue notice to all parties to suit.
    Matter stands adjourned on 28.09.2024 for Lok-Adalat.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 28-09-2024
    
    Date: 28-09-2024
    Business: Matter pertains to C.R. No. 65
    None present for Plaintiff
    None present for defendant.
    Matter adjd to 09.10.2024
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 09-10-2024
    
    Date: 09-10-2024
    Business: Adv. Rushikesh Bandekar h/f Adv. Paresh Madkaikar for plaintiff present and submitted that settlement talks are going on between parties and there is element of settlement and thus, short time may be granted. Short time granted.
    Adv. M. H. Jain for defendant present.
    Matter adjourned for settlement.
    Matter stands adjourned on 16/12/2024 for settlement.
    Next Purpose: SETTLEMENT
    Next Hearing Date: 16-12-2024
    
    Date: 16-12-2024
    Business: Adv. Rishikesh Bandekar h/f Adv. Madkaikar for plaintiff present  and prayed for grant of adjournment. Adjournment granted.
    None for defendant present.
    Matter stands adjourned on 17/02/2025 for settlement.
    Next Purpose: SETTLEMENT
    Next Hearing Date: 17-02-2025
    
    Date: 17-02-2025
    Business: Adv. Madkaikar along with plaintiff present and submitted that he do not want to prosecute the suit against defendant No.3 to 5. Suit No.3317/2019 is disposed of as withdrawn and for want of prosecution against defendant No.3 to 5. Parties to take note.
    Adv. Sudhar Shetye along with defendant No.1 and 2 present.
    Both Adv. plaintiff, defendant No.1 and 2  present before the court and filed consent terms.
    
    Plaintiff, defendant No.1 and 2 along with their Adv. have presented consent terms. Consent terms are taken on record and marked as Exhibit-4. Consent terms are signed by the plaintiff, defendant No.1 and 2 and their respective advocates. I have verified the contents of the Consent Terms from both parties present before the court. They admitted contents are true and correct and as per their say. The parties admitted that they have arrived at a lawful agreement/compromise in writing in terms of the consent terms. Prima facie the compromise is lawful. Parties have prayed for passing the decree in terms of the consent terms. Accordingly I proceed to pass following order.
    1.The suit No.3317/2019 is disposed of in terms of Consent Terms at Exhibit-4 filed by parties.
    2.No order as to costs.
    3.Suit is decreed in terms of Consent Terms at Exhibit-4 and the consent terms will be the part and parcel of decree.
    4.Court fees be refunded to the plaintiff as per rules.
    5. Notice of Motion No.112/2020 in Suit No.3317/2019 is disposed of as suit is disposed of in terms of Consent Terms Exhibit-4.
    6.Proceeding of Suit No.3317/2019 is closed.
    Nature Of Disposal: DECREED IN TERMS OF COMPROMISE
    Disposal Date: 17-02-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 112997/2019
    Filing Date: 26-11-2019
    First Hearing Date: 20th December 2019
    Decision Date: 17th February 2025
    Court Number And Judge: 65-COURT 65 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    17 Feb 2025

    Order Details: Other Pdf Text: Daily Status IN THE COURT OF :COURT 65 ADDL SESSIONS JUDGE Case No. :SUIT/0103317/2019 Mr. Abbas Ali Chirkut Vs Mr. Abubakar Chirkut Date : 17-02-2025 Business : Adv. Madkaikar along with plaintiff present and submitted that he do not want to prosecute the suit against defendant No.3 to 5. Suit No.3317/2019 is disposed of as withdrawn and for want of prosecution against defendant No.3 to 5. Parties to take note. Adv. Sudhar Shetye along with…

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