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M Appeal - Misc Appeal

Mohammad Hasim Babubhai ShaikhVsAnil Mukund Kamath +1 more

CNR MHSCA3000078202241-Judge C.R. No. 41
Bandra, Small Causes Court
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--Other Wise
Decision Date: 18th August 2025

TrustJury record updated 10 Oct 2026

Case Overview

Registration Number
100029/2022
Registration Date
02 Feb 2022

Advocates

2

For Petitioner

For Respondent

Parties

3

Acts & Sections

1
CODE OF CIVIL PROCEDURE · Sec O 43 R 1(r)

Case History / Proceedings

Case History
Date: 11-02-2022
Business: Resumed, Adv for appellant present, Heard. Appeal admitted.
Adj for alias
Next Purpose: Unserved at 2.45 P.M.
Next Hearing Date: 15-03-2022

Date: 15-03-2022
Business: Resumed, Appellant and adv present. Respondent and adv absent,
Adj for appearance/order
Next Purpose: For Steps Orders at 2.45 P.M.
Next Hearing Date: 12-04-2022

Date: 12-04-2022
Business: Resumed, Appellant and both the advocates present, Sv filed by advocate for respondent No. 1,2
Adj for Hg
Next Purpose: Appeal for Hearing at 11.00 A.M.
Next Hearing Date: 17-06-2022

Date: 17-06-2022
Business: Resumed before Shri. M. N. Saleem, Addl. Chief Judge, and Shri K. B. Kamgauda, Judge.
Appellant and his adv. present. Respondent and his adv. absent. This Appeal  is filed against the order passed by One of the Honble presiding officer of this court. Hence as per Office Order No. 59 of 2022, this Appeal is transferred to C. R. No. 41 for hg.
Next Purpose: Appeal for Hearing at 11.00 A.M.
Next Hearing Date: 27-07-2022

Date: 27-07-2022
Business: Before the Bench,
Appellant with Adv. present. Respondent absent. Advocate present. By consent adj. for hearing.
Next Purpose: Appeal for Hearing at 11.00 A.M.
Next Hearing Date: 24-08-2022

Date: 24-08-2022
Business: Before the bench.
Appellant and Adv present.  Respdt and Adv absent.
Adj for hearing.
Next Purpose: Appeal for Hearing at 11.00 A.M.
Next Hearing Date: 13-09-2022

Date: 13-09-2022
Business: Before the bench.
Appellant present.  Adv absent.
Respdt and Adv absent.
Adj for hearing.
Next Purpose: Appeal for Hearing at 11.00 A.M.
Next Hearing Date: 10-10-2022

Date: 10-10-2022
Business: Before the bench.
Both parties absent.  Adv for appellant present.
Adv for Respdt absent.  On oral request of adv for appellant, adj for hearing.
Next Purpose: Appeal for Hearing at 11.00 A.M.
Next Hearing Date: 14-11-2022

Date: 14-11-2022
Business: Before the bench.
Appellant and Adv present.
Respdt absent.  H. Adv present.
By consent, adj for hearing.
Next Purpose: Appeal for Hearing at 11.00 A.M.
Next Hearing Date: 07-12-2022

Date: 07-12-2022
Business: Before the bench.
Appellant and Adv present.
Respdt absent.  H. Adv present.
By consent, adj for hearing.
Next Purpose: Appeal for Hearing at 11.00 A.M.
Next Hearing Date: 23-01-2023

Date: 23-01-2023
Business: Before the bench.
Appellant and Adv present.
Respdt and Adv present.
As court busy in other part heard matters, by consent adj for final hearing.
Next Purpose: Appeal for Hearing at 11.00 A.M.
Next Hearing Date: 21-02-2023

Date: 21-02-2023
Business: Before the bench.
Both parties present.  Adv for appellant present.
Adv for Respdt absent.
By consent, adj for hearing.
Next Purpose: Appeal for Hearing at 11.00 A.M.
Next Hearing Date: 14-03-2023

Date: 14-03-2023
Business: Before the bench.
Both parties and Both Adv present.
By consent, adj for hearing.
Next Purpose: Appeal for Hearing at 11.00 A.M.
Next Hearing Date: 24-04-2023

Date: 24-04-2023
Business: Before the bench.
Appellant and Adv present.
Respdt and H.  Adv for Respdt Sujay Prabhu present.
By consent, adj for Hearing.
Next Purpose: Appeal for Hearing at 11.00 A.M.
Next Hearing Date: 20-06-2023

Date: 20-06-2023
Business: Resumed.
Appellant absent. Adv. present.
Respdt. absent. Adv present.
Adv for Appellant orally submitted that, Respdt. No. 2 expired.
Adj for steps as Respdt. No. 2 expried.
Next Purpose: For Steps Orders at 2.45 P.M.
Next Hearing Date: 17-07-2023

Date: 17-07-2023
Business: Resumed.
Appellant present. Adv. absent.
Respdt. absent and H. Adv. present.
Exh. 8- pursis regarding Respdt. No. 2 expired filed by Adv. for Respdt.
Order passed below Exh. 8- seen Appellant to note it.
Appellant noted order accordingly.
Adj for Steps order as Respdt. No. 2 expired.
Next Purpose: For Steps Orders at 2.45 P.M.
Next Hearing Date: 18-07-2023

Date: 18-07-2023
Business: Resumed.
Appellant present. Adv. absent.
Respdt. and Adv. absent.
Adj for steps as Respdt. No. 2 expired.
Next Purpose: For Steps Orders at 2.45 P.M.
Next Hearing Date: 18-08-2023

Date: 18-08-2023
Business: Resumed.
Appellant and Adv. present.
Respdt. and Adv. absent.
Exh. 09- Application for delete the name of Respdt. No. 2 filed by Adv. for Appellant. (O. S. to say)
Adj for reply on Exh. 09 by Respdt.
Next Purpose: Notice for Reply at 2.45 P.M.
Next Hearing Date: 12-09-2023

Date: 12-09-2023
Business: Resumed.
Appellant absent. Adv. present.
Respdt. and Adv. absent.
Adj for reply on Exh. 09 by Respdt. (to delete name of Respdt. No. 2)
Next Purpose: Notice for Reply at 2.45 P.M.
Next Hearing Date: 03-10-2023

Date: 03-10-2023
Business: Resumed.
Appellant absent. Adv. present.
Respdt. and Adv. absent.
Adj for reply on Exh. 09 by Respdt. (to delete name of Respdt. No. 2).
Next Purpose: Notice for Reply at 2.45 P.M.
Next Hearing Date: 06-11-2023

Date: 06-11-2023
Business: Resumed.
Appellant and adv are present.
Respondent and adv are absent.
Adj for reply on Exh.9 by the respondent. (To delete the name of respondent no.2)
Next Purpose: Notice for Reply at 2.45 P.M.
Next Hearing Date: 04-12-2023

Date: 04-12-2023
Business: Resumed.
Appellant and Adv. present.
Respdt. and Adv. absent.
Adj for reply on Exh. 09 by Respdt. (to delete name of Respdt. No. 2)
Next Purpose: Notice for Reply at 2.45 P.M.
Next Hearing Date: 08-01-2024

Date: 08-01-2024
Business: Resumed.
Appellant and Adv. present.
Respdt. and Adv. absent.
Order passed below Exh. 09-
O.- This Appln. (Ex.09) filed on 18/08/2023 since then Respdt. and their adv. neither present before the court nor received the copy and not given the say. Hence this appln. proceeded without reply of Respdt.
Adj for hearing in Exh. 09. (without reply)
Next Purpose: Notice for Hearing at 2.45 P.M.
Next Hearing Date: 30-01-2024

Date: 30-01-2024
Business: CNS as Ld. Addl. Chief Judge, Shri M. S. Pathan,  is on leave.
Resume before I/c Court Room 31.
Appellant and Adv. present.
Respdt. and Adv. absent.
Adj for hearing in Exh. 9 (without reply).
Next Purpose: Notice for Hearing at 2.45 P.M.
Next Hearing Date: 27-02-2024

Date: 27-02-2024
Business: Resumed.
Appellant present. Adv. absent.
Respdt. and Adv. absent.
On request of Appellant, Adj for hearing in Exh. 9 (without reply).
Next Purpose: Notice for Hearing at 2.45 P.M.
Next Hearing Date: 20-03-2024

Date: 20-03-2024
Business: Resumed before the Special bench consisting of  Shri K. M. Kayangude, Judge and Smt. R. N. Bansal, Judge, presiding in Court Room No. 31, as per office order No. 45 of 2024 dt. 18/03/2024.
Appellant and Adv. present.
Respdt. and adv. absent.
Adj for hearing in Exh. 9 (Without reply).
Next Purpose: Notice for Hearing at 2.45 P.M.
Next Hearing Date: 15-04-2024

Date: 15-04-2024
Business: As per office Order No 54/24 dt. 12/04/24.
Resumed before Special Bench consisting of  - Smt. A.S. Khadse ACJ and Shri. K.M. Kayangude, Judge -
Both parties present. Adv for Appellant present.
Adj. for Hrg. in Ex.9(without reply).
Next Purpose: Notice for Hearing at 2.45 P.M.
Next Hearing Date: 18-06-2024

Date: 18-06-2024
Business: As per Office Order No. 130/2019, Resumed before special bench (In charge court CR.31) of Smt. A.S. Khadse and K.N. Kayangude, Judge.
Adv for appellant present. Respdt. present. Adv for Respdt. absent.
Adj for Hrg. in Ex. 9(without Reply).
Adj for
Next Purpose: Notice for Hearing at 2.45 P.M.
Next Hearing Date: 05-07-2024

Date: 05-07-2024
Business: As per Office Order No. 37/24,  Resumed before In Charge Court Room No.31.
Both parties present. Both side Adv absent.
Adj for Hrg. in Ex. 9(without Reply).
Next Purpose: Notice for Hearing at 2.45 P.M.
Next Hearing Date: 06-08-2024

Date: 06-08-2024
Business: As per Office Order No. 37/24, Resumed before In Charge Court room No. 31.
Appellant and Adv present. resdpt and Adv absent.
Adj for Hrg. in Ex.9(without reply).
Next Purpose: Notice for Hearing at 2.45 P.M.
Next Hearing Date: 23-09-2024

Date: 23-09-2024
Business: As per Office Order No. 37/2024, dt. 28/02/2024, Resumed before In Charge Court Room No. 31.
Appellant present and Adv. absent. Respdt and Adv. absent.
Adj. for Heg. in Exh. 9 (without reply)
Next Purpose: Notice for Hearing at 2.45 P.M.
Next Hearing Date: 22-10-2024

Date: 22-10-2024
Business: As per Office Order No. 37/2024, dt. 28/02/2024, Resumed before In Charge Court Room No. 31.
Appellant and Adv. present. Respdt and Adv.absent.
Adj. for Heg. on Exh. 9
Next Purpose: Notice for Hearing at 2.45 P.M.
Next Hearing Date: 27-11-2024

Date: 27-11-2024
Business: As per Office Order No. 37/2024, dt. 28/02/2024, Resumed before In Charge Court Room No. 31.
Nobody present.
Adj. for Heg. on Exh. 9
Next Purpose: Notice for Hearing at 2.45 P.M.
Next Hearing Date: 08-01-2025

Date: 08-01-2025
Business: As per office order no. 130/19 dt. 21/09/2019, Resumed before Special Bench Shri. S. H. Inamdar Judge and Shri. P. K. Kharate, Judge.
Appellant and Adv. present. Respdt and Adv. absent.
On oral request of Appellant.
Adj. for Heg. on Exh. 9 without reply.
Next Purpose: Notice for Hearing at 2.45 P.M.
Next Hearing Date: 05-02-2025

Date: 05-02-2025
Business: As per office order no. 130/19 dt. 21/09/2019, Resumed before Special Bench Shri. S. H. Inamdar Judge and Shri. D. R. Mali, Judge.
Nobody present.
Adj. for Heg. on Exh. 9 (Delete name of Respdt No. 2) without reply.
Next Purpose: Notice for Hearing at 2.45 P.M.
Next Hearing Date: 05-03-2025

Date: 05-03-2025
Business: Resumed,
Nobody present.
Adj. for Heg. on Exh. 9 (delete the name of Respdt No. 2) without reply.
Next Purpose: Notice for Hearing at 2.45 P.M.
Next Hearing Date: 21-03-2025

Date: 21-03-2025
Business: Resumed,
Both parties and Adv. for Respdt absent. Adv. for Appellant present.
 Adj. for Heg. on Exh. 9 (delete the name of Respdt No. 2) without reply.
Next Purpose: Notice for Hearing at 2.45 P.M.
Next Hearing Date: 11-04-2025

Date: 11-04-2025
Business: Resumed,
Appellant absent and Adv. present. Respdt and Adv. absent.
Adj. for Heg. on Exh. 9 (delete the name of Respdt No. 2) without reply.
Next Purpose: Notice for Hearing at 2.45 P.M.
Next Hearing Date: 17-06-2025

Date: 17-06-2025
Business: Resumed,
Adv. for Appellant present. Respdt and his Adv. absent.
Adj. for Heg. on Exh. 9 (delete name of Respdt No. 2) without reply.
Next Purpose: Notice for Hearing at 2.45 P.M.
Next Hearing Date: 08-07-2025

Date: 08-07-2025
Business: Resumed,
None present.
Adj. for Heg. on Exh. 9 (delete name of Respdt No. 2) without reply.
Next Purpose: Notice for Hearing at 2.45 P.M.
Next Hearing Date: 29-07-2025

Date: 29-07-2025
Business: Resumed.
Adv for Appellant present.
Heard Arg on Exh.9 by Appellant.
Order passed below Exh.9 - Application allowed (See detailed order)
Adj for compliance of Exh.9
Next Purpose: For Steps Orders at 2.45 P.M.
Next Hearing Date: 11-08-2025

Date: 11-08-2025
Business: Resumed.
Adv for Appellant present. Respdt and his adv absent.
Heard argument by Adv for Appellant.
Adj for Hg by Respdt / Order.
Next Purpose: Hearing at 2.45 P.M.
Next Hearing Date: 13-08-2025

Date: 13-08-2025
Business: Resumed,
Appellant and his Adv. present. Respdt present.
Adj. for Heg. by Respdt. / Order.
Next Purpose: Part Heard at 2.45 P.M.
Next Hearing Date: 18-08-2025

Date: 18-08-2025
Business: Resumed,
Appellant and Adv. present. Respdt present and Adv. absent.
Exh. 10/D- Application filed by Respdt for disposed off the appeal. O- O.S. to say.
Hand written say given by Adv. for Appellant.
Order passed below Exh. 1 - 1. Appeal is disposed off. 2. Parties are at liberty to take the recourse of law. 3. The learned trial Court shall proceed with the suit without prejudice with the undertaking given by the respondent in this court and disposal of this appeal. 4. Notify the order to the Trial Court accordingly.
Nature Of Disposal: Other Wise
Disposal Date: 18-08-2025

Additional Case Details

Additional Case Details
Filing Number: 100027/2022
Filing Date: 20-01-2022
First Hearing Date: 11th February 2022
Decision Date: 18th August 2025
Court Number And Judge: 41-Judge C.R. No. 41

Orders

5
Final Order 3Full order available
18 Aug 2025

Order Details: Order on Exhibit Pdf Text: MHSCA30000782022 IN THE COURT OF SMALL CAUSES, AT MUMBAI (APPELLATE BENCH) (BANDRA BRANCH) ORDER BELOW EXHIBIT-1 IN M- APPEAL NO. 29 of 2022 IN EXHIBIT-11 IN R.A.D SUIT NO.525 OF 2019 Mr. Mohammad Hasim Babubhai Shaikh Appellant (Org. Plaintiff) VERSUS 1 Mr. Anil Mukund Kamath & anr. Respondents (Org. Defendant) Mr. Dinesh R. Pandey, Advocate for appellant. Khatri Legal Venture, Advocate for respondent. Coram : Shri Ashish A. Ayachit, Addl. Chief Judge &…

Read Full Order
Interim Order 2Full order available
29 Jul 2025

Order Details: Order on Exhibit Pdf Text: CNR NO.MHSCA30000782022 IN THE COURT OF SMALL CAUSES AT MUMBAI [BANDRA BRANCH] (Appellate Bench) ORDER BELOW EXH-09 IN M. APPEAL NO. 29 OF 2022 IN EXHIBIT NO. 11 IN RAD SUIT NO. 525 OF 2019 Mr. Mohammad Hasim Babubhai Shaikh ...Appellant/ (Orig. Plaintiff) Versus Mr. Anil Mukund Kamath & Anr … Respondents/ (Orig.defendants) Adv. Mr. Dinesh R. Pandey for the appellant Coram : Shri A. A. Ayachit Additional Chief Judge, & Shri D.…

Read Full Order
Interim Order 1Full order available
29 Jul 2025

Order Details: Order on Exhibit Pdf Text: CNR NO.MHSCA30000782022 IN THE COURT OF SMALL CAUSES AT MUMBAI [BANDRA BRANCH] (Appellate Bench) ORDER BELOW EXH-09 IN M. APPEAL NO. 29 OF 2022 IN EXHIBIT NO. 11 IN RAD SUIT NO. 525 OF 2019 Mr. Mohammad Hasim Babubhai Shaikh ...Appellant/ (Orig. Plaintiff) Versus Mr. Anil Mukund Kamath & Anr … Respondents/ (Orig.defendants) Adv. Mr. Dinesh R. Pandey for the appellant Coram : Shri A. A. Ayachit Additional Chief Judge, & Shri D.…

Read Full Order
Order 2Full order available
29 Jul 2025

Order Details: Order on Exhibit Pdf Text: CNR NO.MHSCA30000782022 IN THE COURT OF SMALL CAUSES AT MUMBAI [BANDRA BRANCH] (Appellate Bench) ORDER BELOW EXH-09 IN M. APPEAL NO. 29 OF 2022 IN EXHIBIT NO. 11 IN RAD SUIT NO. 525 OF 2019 Mr. Mohammad Hasim Babubhai Shaikh ...Appellant/ (Orig. Plaintiff) Versus Mr. Anil Mukund Kamath & Anr … Respondents/ (Orig.defendants) Adv. Mr. Dinesh R. Pandey for the appellant Coram : Shri A. A. Ayachit Additional Chief Judge, & Shri D.…

Read Full Order
Order 1Full order available
29 Jul 2025

Order Details: Order on Exhibit Pdf Text: CNR NO.MHSCA30000782022 IN THE COURT OF SMALL CAUSES AT MUMBAI [BANDRA BRANCH] (Appellate Bench) ORDER BELOW EXH-09 IN M. APPEAL NO. 29 OF 2022 IN EXHIBIT NO. 11 IN RAD SUIT NO. 525 OF 2019 Mr. Mohammad Hasim Babubhai Shaikh ...Appellant/ (Orig. Plaintiff) Versus Mr. Anil Mukund Kamath & Anr … Respondents/ (Orig.defendants) Adv. Mr. Dinesh R. Pandey for the appellant Coram : Shri A. A. Ayachit Additional Chief Judge, & Shri D.…

Read Full Order

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