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Civil Suit

MOHAMMED SALIM HASAN SHAIKHVsJAVED HASAN SHAIKH +2 more

CNR MHCC0400250520213-Judge City Civil Court and Additional Sessions Judge
Dindoshi, City Civil Court
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--CONSENT TERMS
Decision Date: 18th June 2022

TrustJury record updated 05 Oct 2026

Case Overview

Registration Number
1094/2021
Registration Date
07 Jun 2021

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    4

    Acts & Sections

    1
    CODE OF CIVIL PROCEDURE · Sec 9

    Case History / Proceedings

    Case History
    Date: 23-07-2021
    Business: In view of the Office Order No. 81 of 2021 dated 17.04.2021 and 01/2021 dated 17.04.2021 issued in pursuance of the out break of COVID-19, as only urgent matters are being allowed to be taken physically, hence, matter adjd to 20-09-2021.
    EO if any, to continue till next date.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 18-08-2021
    
    Date: 18-08-2021
    Business: 18-08-2021 CORAM-HIS HONOUR ADHOC CITY CIVIL AND ADDL. SESSIONS JUDGE SHRI D. B. MANE. (C.R.No.16)
    NOB TOB
    Civil Suit-1094/21 (By preceipe)
    Adv. Singh for plaintiff present.
    None for deft.
    Exh.1 Plaint
    Exh.2 Vakalatnama of plff
    Exh.3 Memorandum of registered address of plff.
    Exh.4 List of documents.
    Exh.5 Fresh V/N of Adv. for plff. with no objection of earlier Advocate.
    Exh.6 Adv. for plff filed an application for issuance of fresh writ of summons. O-Allowed.
    Adv. for plff filed draft notice of motion alongwith affidavit.
    Leave granted to register the same.
    Matter is adjd. to 20-09-2021 for service of writ of summons and nm through bailiff.
    Next Purpose: SERVICE
    Next Hearing Date: 20-09-2021
    
    Date: 20-09-2021
    Business: 20-09-2021 CORAM-HIS HONOUR ADHOC CITY CIVIL AND ADDL. SESSIONS JUDGE SHRI D. B. MANE. (C.R.No.16)
    110 Civil Suit 1094/2021
    Exh.7 Adv. R. U. Singh for plaintiff present and tendered original writ of summons. t.o.r.3
    Exh.8 Adv. Sayyed Mugal for Deft. no.1 and 2 present and filed V/N. t.o.r.
    Adv. for plff tendered registered notice of motion no. 1710/21 alongwith affidavit. t.o.r.
    Exh.9 Adv. Sayyed Mugal also for Deft. no.3 filed V/N. t.o.r.
    Adv. for deft. no. 1 and 2 tendered reply to Notice of Motion. t.o.r.
    This Suit is for partition so, the deft. is directed not to create third party interest in the suit property till next date.
    Matter is adjd. to 25-09-2021 for reply to Notice of Motion of deft. no.3 as well as written statement of all the deft.
    Next Purpose: NOTICE OF MOTION FOR REPLY REJOINDER
    Next Hearing Date: 25-09-2021
    
    Date: 25-09-2021
    Business: 25/09/2021  NATIONAL LOK ADALAT – COURT ROOM NO.4 (PANEL-X)                       CORAM :  H.H.J. SHRI. M. I. LOKWANI (HEAD OF THE PANEL)
    Adv. J. N. Jayale (PANEL MEMBER)
    Adv. Dhiraj Dwivedi (PANEL MEMBER)
    Suit 1094/2021 (Matter pertains to CR No.16)
    Plff and adv. are absent.
    Adv. Saeed moghel for deft alongwith Javed Hasan Shaikh, Simina Javed Shaikh, Abhdul Ajij Naved Mahadkar, Razia Mohd Rafiq Shaikh, Parbin Shaikh, Yasmin Mahadkar, Farida Sardar, Fatima, Afrin Mohd Shaikh, Firoz shaikh are present. However in absence of plff and his advocate matter is not settled and it be kept before regular court.
    Adjd to 22.10.2021.
    Next Purpose: NOTICE OF MOTION FOR REPLY REJOINDER
    Next Hearing Date: 22-10-2021
    
    Date: 22-10-2021
    Business: As court is vacant. Board discharged.
    Matter is adjd. to
    Next Purpose: NOTICE OF MOTION FOR REPLY REJOINDER
    Next Hearing Date: 20-12-2021
    
    Date: 20-12-2021
    Business: 20-12-2021 CORAM-HHJ SHRI. S.N.SALVE, CITY CIVIL COURT AND ADDL. SESSIONS JUDGE (C.R.NO.3)
    Su.  1094/21 (By Preceipe)
    NOB TOB
    Adv. Mois Shaikh for plff prsent.
    Exh.10    Advocate for plaintiff filed vakalatnama t.o.r
    Advocate for plaintiff tendered draft Ch/sum alongwith affidavit in support, prays for leave.  Leave is granted to register the same.
    Ch/Sum be served on the defendants.
    Matter is already adjd to 19-01-2022 for service.
    Next Purpose: NOTICE OF MOTION FOR REPLY REJOINDER
    Next Hearing Date: 04-01-2022
    
    Date: 04-01-2022
    Business: 04-01-2022 CORAM-HHJ SHRI. S.N.SALVE, CITY CIVIL COURT AND
    ADDL. SESSIONS JUDGE (C.R.NO.3)
    Su.1094/21 (By Preceipe)
    NOB TOB
    Adv. Moiez Shaikh for plaintiff present.
    Exh.11    Advocate for plaintiff filed application for substituted service of  chamber summons against defendant no. 1,2 and 3 and proposed deft. no. 4,5 and 6 through RPAD.
    Order- Allowed as prayed.
    Matter is already adjd to 19-01-2022 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 19-01-2022
    
    Date: 19-01-2022
    Business: 19-01-2022 CORAM-HHJ SHRI. S.N.SALVE, CITY CIVIL COURT AND ADDL. SESSIONS JUDGE (C.R.NO.3)
    Su.  1094/21 @ Ch/s 1369/21 @ n/m 1710/21
    In view of the Office Circular No. 4 of 2022 dated 12.01.2022 issued in pursuance of the out break of COVID-19, as only urgent matters are being allowed to be taken physically, hence, matter adjd to 05-03-2022 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 05-03-2022
    
    Date: 05-03-2022
    Business: 05-03-2022 CORAM-HHJ SHRI. S.N.SALVE, CITY CIVIL COURT AND ADDL. SESSIONS JUDGE (C.R.NO.3)
    Su. 1094/21
    Plaintiff and advocate absent.
    Adv. Akash Jaiswal for Deft. Present.
    Adv. For deft. Filed Written Statement t.o.r
    Deft to satisfy the court on the point of limitation.
    Matter is adjd to 18-06-2022 for Written Statement.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 07-03-2022
    
    Date: 07-03-2022
    Business: 07.03.2022 CORAM-HHJ SHRI. S.N.SALVE, CITY CIVIL COURT AND ADDL. SESSIONS JUDGE (C.R.NO.3)
    Su. 1094/21 (By preceipe)
    NOB TOB
    Plaintiff and advocate absent.
    Adv. Said for Deft. Present.
    Advocate for Defendant tendered draft N/M alongwith affidavit in support, prays for leave.  Leave is granted to register the same.
    Advocate for Defendant is directed to serve the copy of draft N/M upon Plaintiff through court bailiff and submit the service report on next date.
    Matter is already adjd to 18-06-2022 for NM service.
    Next Purpose: SERVICE
    Next Hearing Date: 18-06-2022
    
    Date: 18-06-2022
    Business: 18-06-2022  CORAM-HHJ SHRI. S.N.SALVE, CITY CIVIL COURT AND ADDL. SESSIONS JUDGE (C.R.NO.3)
    Su. 1094/2021
    Plff present.
    Deft no.1 to 3 present.
    Adv. Chirag Mehta for plaintiff present.
    Adv Singh for deft no. 1 to 3 present.
    Advocate for the plaintiff tendered Registered NM No.1786/21
    alongwith affidavit in support. t.o.r.
    Advocate for the plaintiff tendered Registered Ch/S No.1369/21
    alongwith affidavit in support. t.o.r.
    Exh.    Adv for plff filed application for  taking consent terms on record
    Exh.    Adv for plff tendered Consent terms t.o.r
    Consent terms are duly signed by plff and defts.
    Plff and deft are duly identified by their advocates.
    Matter is settled as per consent terms.
    Parties do not want to proceed with the suit.
    Hence following order-
    1. Consent terms read and recorded.
    2. Decree be drawn up accordingly.
    3.Court fees be refunded as per the rules.
    4.NM no. 1786/21, NM 1710/21, ch/s 1369/21 is disposed of.
    Nature Of Disposal: CONSENT TERMS
    Disposal Date: 18-06-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 2651/2021
    Filing Date: 22-03-2021
    First Hearing Date: 23rd July 2021
    Decision Date: 18th June 2022
    Court Number And Judge: 3-Judge City Civil Court and Additional Sessions Judge

    Orders

    1
    Final Order 1
    18 Jun 2022
    Order Details: Order
    Pdf Text: IN THE COURT OF :Judge City Civil Court and Additional Sessions Judge
    Case No. :Civil Suit/0001094/2021
    Mohammed Salim Hasan Shaikh Vs Javed Hasan Shaikh
    Date : 18-06-2022
    Business : 18-06-2022 CORAM-HHJ SHRI. S.N.SALVE, CITY
    CIVIL COURT AND ADDL. SESSIONS JUDGE
    (C.R.NO.3) Su. 1094/2021 Plff present. Deft no.1 to 3
    present. Adv. Chirag Mehta for plaintiff present. Adv Singh
    for deft no. 1 to 3 present. Advocate for the plaintiff
    tendered Registered NM No.1786/21 alongwith affidavit in
    support. t.o.r. Advocate for the plaintiff tendered Registered
    Ch/S No.1369/21 alongwith affidavit in support. t.o.r. Exh.
    Adv for plff filed application for taking consent terms on
    record Exh. Adv for plff tendered Consent terms t.o.r
    Consent terms are duly signed by plff and defts. Plff and
    deft are duly identified by their advocates. Matter is settled
    as per consent terms. Parties do not want to proceed with
    the suit. Hence following order- 1. Consent terms read and
    recorded. 2. Decree be drawn up accordingly. 3.Court fees
    be refunded as per the rules. 4.NM no. 1786/21, NM
    1710/21, ch/s 1369/21 is disposed of.
    Nature of Disposal : CONSENT TERMS
    Disposal Date : 18-06-2022
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