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SUIT - SHORT CAUSE CIVIL SUIT

Mohammed Rais Abdul Munaf Baig +2 moreVsMr. Mohammed Hanif Abdul Munaf Baig

CNR MHCC01013038201962-COURT 62 AD-HOC ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 01st July 2022

TrustJury record updated 24 Sept 2026

Case Overview

Registration Number
100865/2020
Registration Date
21 Feb 2020

Advocates

1

For Respondent

    Not available

    Parties

    4

    Acts & Sections

    1

    Case History / Proceedings

    Case History
    Date: 05-03-2020
    Business: None present for Plaintiff and Defendant.
    Plaintiff is directed to file affidavit of service of writ of summons.
    Case is adjourned to 23/06/2020 for Service.
    Next Purpose: SERVICE
    Next Hearing Date: 23-06-2020
    
    Date: 23-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: SERVICE
    Next Hearing Date: 20-08-2020
    
    Date: 20-08-2020
    Business: Adjourned due to Covid-19.
    Next Purpose: SERVICE
    Next Hearing Date: 02-11-2020
    
    Date: 02-11-2020
    Business: None present for Plaintiffs.
    None present for Defendant.
    It seems that due to Corona pandemic, parties are absent, hence case is adjourned to 02.02.2021 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 02-02-2021
    
    Date: 02-02-2021
    Business: None present for plff.
    Adv Ms. Mahamuni for deft present and seeks time to file reply to NM No.4952/2019.
    As nobody is present for the plff, time granted lastly till next date.
    Matter is adjd. for NM reply to 25.03.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 25-03-2021
    
    Date: 25-03-2021
    Business: None present for plff and defendant.
    Considering the present Pandemic Condition matter adjourned at same stage after Summer Vacation.
    Matter adjourned for filing reply to 14.06.2021.
    Next Purpose: REPLY
    Next Hearing Date: 14-06-2021
    
    Date: 14-06-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPLY
    Next Hearing Date: 11-08-2021
    
    Date: 11-08-2021
    Business: None present for plff and deft.
    Deft failed to file reply hence, NM No.4952/2019 to proceed without reply of the deft.
    Matter is adjd. for NM hearing to 28.10.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-10-2021
    
    Date: 28-10-2021
    Business: None present for both parties.
    Roznama shows that nobody attended the matter for and on behalf of plff since after 12.02.2020 hence, N.M.No.4952/2019 be kept for dismissal order on next date.
    Matter is adjd. for NM dismissal order to 11.01.2022.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 11-01-2022
    
    Date: 11-01-2022
    Business: None present for plff.
    None present for deft.
    Considering the present pandemic condition and SOP issued by Hon’ble High Court,  matter is adjd.at same stage till next date.
    Matter is adjd. for  NM reply to 30.03.2022.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 30-03-2022
    
    Date: 30-03-2022
    Business: None present for both parties.
    On previous date, matter is wrongly kept for NM reply because, order to proceed without reply of the defendant is already passed on 11.08.2019. As nobody is attending the matter for and on behalf of plaintiff since last many dates, NM No. 4952/2019 is dismissed in default for want of prosecution. Plaintiff to serve the defendant with writ of summons.
    Adjourned for service of writ of summons to 01-07-2022
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 01-07-2022
    
    Date: 01-07-2022
    Business: Plaintiff present.
    Adv.Ashish Gupta h/f.Adv.Sunil Dubey for plaintiff present.
    KB for withdrawal
    LO at 01.25 pm,
    Plaintiff No.1, plaintiff No.3 and Adv.Ashish Gupta h/f.Adv.Sunil Dubey for plaintiff present.
    The plaintiffs filed application for withdrawal of the suit. TOR and marked as Exh.3.
    Heard the Ld.Adv.for the plaintiffs and plaintiff No.1 and 2. They submits that plaintiff No.2 Mr.Hafiz Mohd.Baig and the sole defendant Mr.Mohd. Hanif Baig are expired. Their death certificates are attached to the application. It is their contention that suit is for simplicitor injunction. As the defendant has expired they want to withdraw this suit unconditionally. Hence, following order is passed below Exh.3.
    ORDER BELOW EXH.3
    1. The application is allowed
    2. The plaintiffs are allowed to withdraw this suit unconditionally.
    3. I proceed to pass order below Exh.1.
    ORDER BELOW EXH.1
    Read the application, Exh.3 and today\''s order passed thereon.  The plaintiffs want to withdraw this suit unconditionally. In view of order below Exh.3, the plaintiffs are allowed to withdraw the suit unconditionally. Hence, I pass the following order.
    ORDER
    1. Suit is dismissed as withdrawn unconditionally.
    2. Parties to bear their own costs.
    3. The plaintiffs are entitled for refund of Court fees as per rules.
    Nature Of Disposal: WITHDRAWL
    Disposal Date: 01-07-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 113796/2019
    Filing Date: 11-12-2019
    First Hearing Date: 05th March 2020
    Decision Date: 01st July 2022
    Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    01 Jul 2022
    Order Details: Order below exhibit
    Pdf Text: SUIT NO.865/20
    IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
    SUIT NO.865 OF 2020
    Mohammed Rais Abdul Munaf Baig & Ors. ..Plaintiffs
    Versus
    Mohammed Hanif Abdul Munaf Baig ..Defendant
    ORDER BELOW EXH.1
    Read the application, Exh.3 and today's order passed thereon. The
    plaintiffs want to withdraw this suit unconditionally. In view of order below
    Exh.3, the plaintiffs are allowed to withdraw the suit unconditionally. Hence, I
    pass the following order.
    ORDER
    1. Suit is dismissed as withdrawn unconditionally.
    2. Parties to bear their own costs.
    3. The plaintiffs are entitled for refund of Court fees as per rules.
    (R.A. SASNE)
    JUDGE
    CITY CIVIL COURT
    Dated : 01.07.2022. GR. BOMBAY
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