SUIT - SHORT CAUSE CIVIL SUIT
Haresh Chunilal BhadreshwaraVsMCGM +3 more
CNR MHCC01000102201961-COURT 61 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 30th June 2026
TrustJury record updated 16 Sept 2026
Case Overview
- Registration Number
- 100090/2019
- Registration Date
- 08 Jan 2019
Advocates
1For Petitioner
For Respondent
Not available
Parties
5Acts & Sections
1Hindu Marriage Act · Sec 34 · 37 and 38
Case History / Proceedings
Case History
Date: 09-01-2019
Business: Advocate Mr. Preet Chheda for plaintiff present and filed registered NM no. 103/19.
Advocate Mr. Kumawat for deft./MMC present and filed reply.
Earlier order, if any, to continue till next date.
Adjourned for rejoinder/NM hearing to 21.01.2019.
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-01-2019
Date: 21-01-2019
Business: Advocate Mr. Bharat Chaudhary for plaintiff present.
Advocate Mr. Tavakkuli and Mr. Vyas a/w Mr. Sutar for deft./MMC present.
Partly heard arguments on NM by the plaintiff.
Defendant-corporation is directed not to take any coercive action till next.
Adjourned for further arguments on NM to 23.01.2019 (12.00 noon).
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-01-2019
Date: 23-01-2019
Business: Advocate for plaintiff is present and filed rejoinder to NM.
Advocate Mr. Vyas and Mr. Tavakkuli and Mr. Tavakkuli a/w Mr. Sutar for deft./MMC present with officer Shri Rohan Kumawat (JE, G/south).
Arguments on NM is in progress in L. C. No.3253/18.
Defendant-corporation is directed not to take any coercive action till next.
Adjourned for NM hearing to 28.01.2019 (4.00 p.m.)
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-01-2019
Date: 28-01-2019
Date: 01-02-2019
Date: 08-02-2019
Business: Advocate for plaintiff present.
Advocate Mr. Tavakkuli a/w Mr. Vyas a/w Mr. Sutar for deft./MMC present.
Court is busy in hearing argument on NM in other connected matters.
Defendant-corporation is directed not to take any coercive action till next.
Adjourned for NM hearing to 13.02.2019.
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-02-2019
Date: 13-02-2019
Business: Advocate for plaintiff present.
Advocate Mr. Tavakkuli a/w Mr. Vyas a/w Mr. Sutar for deft./MMC present.
Court is busy in hearing argument on NM in other connected matters.
Defendant-corporation is directed not to take any coercive action till next.
Adjourned for NM hearing to 21.02.2019 (4.00 p.m.)
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-02-2019
Date: 21-02-2019
Business: Advocate for plaintiff present.
Advocate Mr. Vyas, Mr. Tavakkuli and Mr. Kumawat for deft./MMC present.
The hearing of NM in connected Suit is in progress.
Defendant / corporation is directed not to take coercive action till next date.
Adjourned for argument on NM by defendant to 4.3.2019 (12.30 pm).
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-03-2019
Date: 04-03-2019
Date: 11-03-2019
Date: 15-03-2019
Date: 20-03-2019
Business: Advocate for plaintiff present.
Advocate Mr. Vyas, Mr. Tavakkuli a/w Mr. Kumawat for deft./MMC present.
Arguments on NM is in progress in other connected matters.
Defendant-corporation is directed not to take any coercive action till next.
Adjourned for NM hearing to 22.03.2019 (4.00 p.m.)
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-03-2019
Date: 22-03-2019
Business: Advocate for plaintiff present.
Advocate Mr. Vyas a/w Mr. Kumawat for deft./MMC present.
Arguments is in progress in other connected matters.
Defendant-corporation is directed not to take any coercive action till next.
Adjourned for NM hearing to 25.03.2019 (04.00 p.m.).
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-03-2019
Date: 25-03-2019
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-03-2019
Date: 27-03-2019
Business: Advocate Mr. Chirag Modi a/w Mr. Preet Chheda for plaintiff present.
Advocate Mr. Tavakkuli, Mr. Vyas a/w Mr. Kumawat for deft./MMC present.
Heard arguments on NM by advocate for plaintiff.
Defendant-corporation is directed not to take any coercive action till next.
Adjourned for arguments of defendant to 29.03.2019 (4.00 p.m.)
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-03-2019
Date: 29-03-2019
Business: Advocate for plaintiff present.
Advocate Mr. Tavakkuli, Mr. Vyas a/w Mr. Kumawat for deft./MMC present.
Partly heard arguments on NM by advocates for defendant.
Defendant-corporation is directed not to take any coercive action till next.
Adjourned for further arguments on NM to 03.04.2019 (04.00 p.m.).
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-04-2019
Date: 03-04-2019
Date: 05-04-2019
Date: 10-04-2019
Date: 12-04-2019
Business: Advocate for plaintiff present.
Advocate Mr. Vyas, Mr. Tavakkuli a/w Mr. Kumawat for deft./MMC present.
Heard arguments on rejoinder by both the sides.
Defendant-corporation is directed not to take any coercive action till next.
Adjourned for further arguments on NM/citations to 22.04.2019 (04.00 p.m.).
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-04-2019
Date: 22-04-2019
Business: Advocate for plaintiff present.
Advocate Mr. Tavakkuli, Mr. Vyas a/w Mr. Kumawat for deft./MMC present.
F.R.S.R. the following order is passed on Notices of motion Nos. 4619/18, 4620/18, 4621/18, 4622/18, 4623/18, 281/19 and 103/19 -
ORDER
1. Notices of motion nos.4619/18, 4620/18, 4621/18, 4622/18, 4623/18, 281/19 and 103/19 are dismissed.
2. Costs in cause.
3. Copy of this order be kept in L. C Suit no. 3251/18, 3252/18, 3253/18, 3254/18, 527/19 and 90/19
Advocate for plaintiff filed application at Exh. to continue the earlier order for 8 weeks from today.
Heard both the sides.
F.R.S.R. the following order is passed on Exh.
ORDER
1. Earlier order is continued for 8 weeks from today.
2. Application Exh. disposed of accordingly.
Adjourned for W.S. to 09.08.2019.
Judge
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 09-08-2019
Date: 09-08-2019
Business: Advocate for plaintiff is present.
Advocate Mr. Kumawat for defendant/BMC present and requested short adjournment for filling W.S.
Adjourned for filling written statement to 30.09.2019
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 30-09-2019
Date: 30-09-2019
Business: None present for plaintiff.
Advocate Mr. Kumawat for defendant/BMC present and filed application at Exh.__ for taking written statement on record alongwith W.S. Other side to say.
Adjourned for hearing on application /W.S. to 18.10.2019.
Judge
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 18-10-2019
Date: 18-10-2019
Date: 27-01-2020
Date: 03-04-2020
Date: 17-04-2020
Next Purpose: DRAFT ISSUES
Next Hearing Date: 28-05-2020
Date: 28-05-2020
Business: In view of extension of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: DRAFT ISSUES
Next Hearing Date: 15-06-2020
Date: 15-06-2020
Next Purpose: DRAFT ISSUES
Next Hearing Date: 13-07-2020
Date: 13-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DRAFT ISSUES
Next Hearing Date: 11-09-2020
Date: 11-09-2020
Date: 26-10-2020
Date: 15-01-2021
Date: 18-01-2021
Date: 10-02-2021
Date: 25-02-2021
Business: None for plaintiff
Advocate Mrs. Dhuri for deft/BMC present.
Adjourned for framing issues to 15/04/2021.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 15-04-2021
Date: 15-04-2021
Business: Adjourned due to Covid-19
Next Purpose: FRAMING ISSUES
Next Hearing Date: 30-06-2021
Date: 30-06-2021
Business: Due to Covid-19
Next Purpose: FRAMING ISSUES
Next Hearing Date: 04-08-2021
Date: 04-08-2021
Business: Advocate for plaintiff present.
Counsel Mr. Vyas and Advocate Mrs. Deepali Patil for defendant/BMC Present.
Matter is time bound by order of Hon''ble High Court.
Adjd for draft issues/framing issues to 20/08/2021.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 20-08-2021
Date: 20-08-2021
Business: Advocate for plaintiff present.
Counsel Shri. Vyas a/w Advocate Smt. Patil for defendant/BMC Present and filed draft issues.
Issues are framed
Adjd for Filing evidence affidavit/R/E to 01/09/2021.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 01-09-2021
Date: 01-09-2021
Date: 24-09-2021
Date: 29-10-2021
Date: 06-12-2021
Business: Advocate A.R.Pandey for plaintiff present.
Advocate Dharmesh Vyas alongwith Smt. Deepali Patil for defendant/BMC present.
On the oral request of Advocate for Plaintiff is granted last chance to filing evidence of plaintiff.
Adjd for Filing Evidence of plaintiff / R.E. to 24.01.2022.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 24-01-2022
Date: 24-01-2022
Business: In view of office order no.7/2022 dated 07.01.2022 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06.01.2022 of Hon\''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s.
Adjd for Filing Evidence of plaintiff / R.E. to 25.02.2022
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 25-02-2022
Date: 25-02-2022
Business: Advocate for plaintiff present and filed adjournment application Marked as Exh.
O Granted in the interest of justice as last chance.
Advocate Dharmesh Vyas alongwith Smt. Deepali Patil for defendant BMC present.
Adjd for R.E. to 30.03.2022
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 30-03-2022
Date: 30-03-2022
Business: Advocate A.R. Pande for plaintiff present.
Advocate Dharmesh Vyas alongwith Amol Diwate for defendant/BMC present.
Adjd for R.E. to 22.04.2022
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 22-04-2022
Date: 22-04-2022
Business: Advocate A.R. Pande for plaintiff present.
Advocate Dharmesh Vyas alongwith Smt. Deepali Patil for defendant/BMC present.
Adjd for R.E. to 17.06.2022
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 17-06-2022
Date: 17-06-2022
Business: As court is on leave. Board is discharged.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 08-07-2022
Date: 08-07-2022
Business: Advocate A.R. Pande for plaintiff present.
Advocate Dharmesh Vyas alongwith Smt. Deepali Patil for defendant/BMC present.
Adjd for Filing evidence of plaintiff/ R.E. to 05.08.2022
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 05-08-2022
Date: 05-08-2022
Date: 12-09-2022
Date: 30-09-2022
Date: 19-10-2022
Business: Court is on leave
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 21-11-2022
Date: 21-11-2022
Business: Court is on leave
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 09-12-2022
Date: 09-12-2022
Business: Advocate Ashok Singh I/b A.R. Pande for plaintiff present.
Advocate Dharmesh Vyas alongwith Smt. Deepali Patil for defendant/BMC present.
Adjourned for Filing evidence of plaintiff to 04.01.2023
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 04-01-2023
Date: 04-01-2023
Business: Advocate Shobit Shukla alongwith A.R. Pandey for plaintiff present.
Advocate Smt. Deepali Patil for defendant/BMC present.
Advocate for plaintiff submits that the plaintiff is not in contact. So he requires some time for filing evidence. On request of Advocate for plaintiff short adjournment is granted for filing evidence.
Adjd for filing evidence of plaintiff /R.E. to 18.01.2023
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 18-01-2023
Date: 18-01-2023
Date: 08-02-2023
Date: 06-03-2023
Date: 24-03-2023
Date: 17-04-2023
Date: 14-06-2023
Business: Advocate A. R. Pande present for plaintiff.
Advocate Dharmesh Vyas alongwith advocate Mrs. Deepali Patil present for defendant/BMC.
As court is busy in dictating urgent Ad-interim order, Hence, Matter adjourned for hearing on compilation/RE to 10/07/23.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 10-07-2023
Date: 10-07-2023
Business: Advocate Ashok Pandey @ Advocate Shobit Shukla for plaintiff present.
Advocate Dharmesh Vyas present for defendant/BMC.
Heard arguments of advocate for plaintiff on compilation of documents.
Matter adjourned for hearing of defendant on compilation to 31/07/2023.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 31-07-2023
Date: 31-07-2023
Business: Advocate Hardik Desai for plaintiff present.
Advocate Dharmesh Vyas for defendant/BMC present.
Heard arguments of both sides on compilation.
Matter adjourned for Order on compilation/RE to 14.08.2023.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 14-08-2023
Date: 14-08-2023
Business: As P.O. is on leave. Matter is adjourned.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 18-09-2023
Date: 18-09-2023
Business: As court is on leave, Matter is adjourned.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 13-10-2023
Date: 13-10-2023
Date: 01-11-2023
Date: 02-12-2023
Business: Plaintiff present.
Advocate Deepanjali Mishra present for plaintiff and sought adjournment for filling evidence of plaintiff.
Advocate Dharmesh Vyas @ Advocate Deepali Patil present for defendant/BMC.
As per the request of advocate for plaintiff, adjournment granted as a last chance.
Matter adjourned for filling evidence of plaintiff to 22/12/23.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 22-12-2023
Date: 22-12-2023
Business: Advocate Deepanjali Mishra present for plaintiff and filing affidavit of examination in chief of Mr. Haresh Chunilal Bhadreshwar Marked at Exh. 8 O- filed.
Compilation of documents of Plaintiff Marked at Exh. 9 O- other side to say. Copy served.
Advocate Dharmesh Vyas a/w Adv Deepali Patil present for defendant/BMC.
Matter adjourned for filing say on compilation/ hearing on compilation/ R/E to 31/01/2024.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 31-01-2024
Date: 31-01-2024
Business: Present suit is High court time bound suit. Parties to take note of this. Both parties are directed to co-operate court for early disposal of the suit in compliance of order passed by Hon\''ble High court of Judicature of Bombay.
Advocate Deepanjali along with Adv. Shobhit Shukla h/f. Adv. A. R. Pande present for plaintiff.
Advocate Dharmesh Vyas along with Deepali Patil present for defendant/BMC.
Plaintiff witness absent.
Matter adjourned for Evidence to 12.02.2024.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 12-02-2024
Date: 12-02-2024
Business: Present suit is High court time bound suit. Parties to take note of this. Both parties are directed to co-operate court for early disposal of the suit in compliance of order passed by Hon\''ble High court of Judicature of Bombay.
Advocate A. R. Pande along with Adv. Shobhit Shukla along with Adv. Deepanjali present for plaintiff and sought adjournment. O- Granted.
Advocate Dharmesh Vyas along with Deepali Patil present for defendant/BMC.
Matter adjourned for evidence to 21.02.2024.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 21-02-2024
Date: 21-02-2024
Date: 11-03-2024
Date: 22-03-2024
Date: 08-04-2024
Business: Present suit is High court time bound suit. Parties to take note of this. Both parties are directed to co-operate court for early disposal of the suit in compliance of order passed by Hon\''ble High court of Judicature of Bombay.
Advocate A R Pandey present for plaintiff.
Advocate Dharmesh Vyas a/w Adv. Meena Dhuri present for defendant/BMC.
Matter adjourned for R/E to 18.04.2024.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 18-04-2024
Date: 18-04-2024
Business: Present suit is High court time bound suit. Parties to take note of this. Both parties are directed to co-operate court for early disposal of the suit in compliance of order passed by Hon\''ble High court of Judicature of Bombay.
Advocate Deepanjali a/w Adv. Shobhit Shukla a/w Adv. A. R. Pandey present for plaintiff.
Advocate Dharmesh Vyas a/w Adv. Deepali Patil present for defendant/BMC.
Matter adjourned for hearing on compilation / RE to 02.05.2024.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 02-05-2024
Date: 02-05-2024
Business: Plaintiff present.
Advocate Shobit Shukla present for plaintiff.
Adv. Dharmesh Vyas for Def./ BMC Present.
Court busy in hearing HCTB Matters Suit 3198/2018 hence,
Matter adjourned for RE to 11/06/2024.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 11-06-2024
Date: 11-06-2024
Business: Present suit is High court time bound suit. Parties to take note of this. Both parties are directed to co-operate court for early disposal of the suit in compliance of order passed by Hon\''ble High court of Judicature of Bombay.
Advocate A. R. Pandey a/w Adv. Shobhit Shukla present for plaintiff.
Advocate Dharmesh Vyas present for defendant/BMC.
Ld Advocate for plaintiff submitted before court that he will file certified copies of all xerox documents filed in compilation of document and sought adjournment. O- Granted.
Matter adjourned for R/E to 26.06.2024.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 26-06-2024
Date: 26-06-2024
Date: 11-07-2024
Date: 24-07-2024
Business: Present suit is High court time bound suit. Parties to take note of this. Both parties are directed to co-operate court for early disposal of the suit in compliance of order passed by Honble High court of Judicature of Bombay.
Advocate Shobhit Shukla present for plaintiff.
Advocate Dharmesh Vyas present for defendant/BMC and filed reply to Exh. 10. TOR and marked as Exh. 11.
As per R and P till date order in respect of clubbing of all suits is not passed. Today Ld Adv. for plaintiff and defendant brought to the notice of the court order passed by Honble High Court of Judicature Bombay dated 05.03.2020. As per order passed by Honble High court of Judicature of Bombay L. C. Suit No. 3196/2018, 3198/2018, 3199/2018, 3200/2018, 3201/2018, 3202/2018, 3211/2018, 3212/2018, 3250/2018, 3251/2018, 3252/2018, 3253/2018, 3270/2018, 3271/2018, 3272/2018, 3273/2018, 3274/2018, 3275/2018, 3276/2018, 3277/2018, 3278/2018, 3279/2018, 23/2019, 90/2019 are clubbed together.
Both parties submitted before court that alleged unauthorized construction in each suit is different, parties are different. Defense / plea is also different. Both parties also expressed their views that they are going to approach Honble High Court Judicature Bombay for seeking clarification and modification in order dated 05.03.2020 passed by Honble High Court of Judicature Bombay.
Matter adjourned for order on Exh. 10 to 03.08.2024.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 03-08-2024
Date: 03-08-2024
Business: Present suit is High court time bound suit. Parties to take note of this. Both parties are directed to co-operate court for early disposal of the suit in compliance of order passed by Hon\''ble High court of Judicature of Bombay.
Advocate A. R. Pandey present for plaintiff and submitted before court that plaintiff has filed preciepe before Honble High Court of Judicature for seeking clarification and modification of order dated 05.03.2020 passed in A.O. against order in NM. But circulation is not intimated to him.
Advocate Dharmesh Vyas a/w Adv. Jyoti Mhatre present for defendant/BMC and submitted that he will inform Asst. Law Officer as an when matter is called before Honble High Court of Judicature Bombay. He further submitted that there is a practical difficulty to lead common evidence in all cases. He further submitted that in impugned notice alleged unauthorized construction mentioned in clause (a) and (c) of schedule of notice is common, but alleged unauthorized construction mentioned in clause (b) is different in each clubbed cases. Therefore BMC has to lead separate evidence in each case. Under such circumstances clarification is necessary.
Both parties submitted before court that matter be adjourned till clarification and modification of order dated 05.03.2020 passed by Honble High Court of Judicature of Bombay.
Matter adjourned for R/E to 14.08.2024.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 14-08-2024
Date: 14-08-2024
Business: Present suit is High court time bound suit. Parties to take note of this. Both parties are directed to co-operate court for early disposal of the suit in compliance of order passed by Hon\''ble High court of Judicature of Bombay.
Adv. Shobhit Shukla present for plaintiff and filed pursis TOR and submitted that he filed preceipe before Honble High court for clarification of order dated 05.03.2020 regarding clubbing of all suits, hence sought adjournment. O -granted.
Advocate Dharmesh Vyas a/w Adv. Amar Patil present for defendant/BMC.
Court is busy in chief examination in H.C.T.B. Suit no. 3201 of 2018 and as court time is over, hence
Matter adjourned for RE to 06.09.2024.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 06-09-2024
Date: 06-09-2024
Date: 30-09-2024
Date: 14-10-2024
Business: Present suit is High court time bound suit. Parties to take note of this. Both parties are directed to co-operate court for early disposal of the suit in compliance of order passed by Hon\''ble High court of Judicature of Bombay.
Advocate Shobhit Shukla present for plaintiff.
Advocate Amar Patil present for defendant/BMC.
Heard both side on compilation of document Exh. 9 and following order is passed.
ORDER
Document at Exh. 9 at Sr. No. 6, 18, 29 to 31, 35 to 42 are admitted by defendant hence marked Exh. 12 to Exh. 24 below compilation of document at Exh. 9.
Plaintiff to prove rest of the documents as per the law.
Heard Ld. Adv. Shobhit Shukla for plaintiff and Adv. Amar Patil h/f Adv. Dharmesh Vyas for defendant, following order is passed.
ORDER
Certified copy of Roznama in L. C. Suit no. 3601 of 1998 is marked as Exh. 25.
Certified copy of judgment passed in L. C. Suit No. 3601 of 1998 is marked as Exh. 26.
Certified copy of decree passed in L. C. Suit No. 3601 of 1998 is marked as Exh. 27.
Certified copy of Written statement in L. C. Suit No. 3601 of 1998 is marked as Exh. 28.
Certified copy of Exh. 20, 15(a), 17, 18 in in L. C. Suit No. 3601 of 1998 is marked as Exh. 29.
Certified copy of Exh. 15 in L. C. Suit No. 3601 of 1998 is marked as Exh. 30.
Certified copy of issues in Exh. 3 in L. C. Suit No. 3601 of 1998 is marked as Exh. 31.
Certified copy of contempt NM No. 1008 of 2005 along with affidavit in L. C. Suit No. 3601 of 1998 is marked as Exh. 32.
Certified copy of evidence Exh. 16 in L. C. Suit No. 3601 of 1998 is marked as Exh. 33.
Certified copy of writ of summons in L. C. Suit No. 3601 of 1998 is marked as Exh. 34.
Certified copy of Exh. 4, 4(a) evidence in L. C. Suit No. 3601 of 1998 is marked as Exh. 35.
Certified copy of injunction order in NM No. 4034 of 1998 in L. C. Suit No. 3601 of 1998 is marked as Exh. 36.
Certified copy of transfer application no. 111 of 2005 in L. C. Suit No. 3601 of 1998 is marked as Exh. 37 and Exh. 38.
Certified copy of roznama in transfer application no. 111 of 2005 in L. C. Suit No. 3601 of 1998 is marked as Exh. 39.
Certified copy of Exh. 19 in L. C. Suit No. 3601 of 1998 is marked as Exh. 40.
Certified copy of Exh. 5 i.e. list of document in L. C. Suit No. 3601 of 1998 is marked as Exh. 41.
Certified copy of plaint, Exh. 12 Vakalatnama in L. C. Suit No. 3601 of 1998 is marked as Exh. 42.
Matter adjourned for further chief examination of PW-1 / RE to 25.10.2024.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 25-10-2024
Date: 25-10-2024
Business: Present suit is High court time bound suit. Parties to take note of this. Both parties are directed to co-operate court for early disposal of the suit in compliance of order passed by Hon\''ble High court of Judicature of Bombay.
Adv. Shobhit Shukla present for plaintiff.
Advocate Amar Patil present for defendant/BMC.
Witness absent.
Matter adjourned for further chief-examination of PW-1/ RE to 27.11.2024.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 27-11-2024
Date: 27-11-2024
Business: COURT IS ON LEAVE.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 24-12-2024
Date: 24-12-2024
Business: Present suit is High court time bound suit. Parties to take note of this. Both parties are directed to co-operate court for early disposal of the suit in compliance of order passed by Hon\''ble High court of Judicature of Bombay.
Advocate Ashok Singh h/f Adv. Shobhit Shukla present for plaintiff and filed adjournment application. TOR and marked as Exh. 43.
Advocate Kartik Kaushal h/f Adv. Dharmesh Vyas present for defendant/BMC and filed say on application Exh. 43 itself.
Order on Exh. 43
Short adjournment granted.
Matter adjourned for further chief-examination of PW-1/ RE to 20.01.2025.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 20-01-2025
Date: 20-01-2025
Date: 14-02-2025
Date: 12-03-2025
Date: 04-04-2025
Date: 16-04-2025
Business: Advocate Shobhit Shukla present for plaintiff.
Advocate Dharmesh Vyas present for defendant/BMC
Court busy in recording evidence in other H.C.T.B. suit no. 1168 of 2019, hence
Matter adjourned for Dismissal order to 07.05.2025.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 07-05-2025
Date: 07-05-2025
Business: Advocate Shobhit Shukla present for plaintiff.
Advocate Dharmesh Vyas a/w Adv. Bibhishan Sutar present for defendant/BMC.
Further Chief examination of PW-1 by Adv. Shobhit Shukla for plaintiff is commenced and completed and following documents are exhibited.
The service agreement at Exh. 44.
Matter adjourned for cross-examination of PW-1/RE to 23.06.2025.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 23-06-2025
Date: 23-06-2025
Business: Advocate Shobhit Shukla present for plaintiff.
Advocate Dharmesh Vyas present for defendant/BMC.
Cross-examination of PW-1 by Adv. Dharmesh Vyas is commenced and deferred till next.
Matter adjourned for further cross examination of PW-1/REPH to 09.07.2025.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 09-07-2025
Date: 09-07-2025
Business: Advocate Shobhit Shukla present for plaintiff.
Advocate Dharmesh Vyas present for defendant/BMC.
Plaintiff witness absent.
Matter adjourned for further cross-examination of PW-1/RE to 18.08.2025.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 18-08-2025
Date: 18-08-2025
Business: Advocate Ayman Khan h/f Adv. Shobhit Shukla present for plaintiff and sought adjournment. O- Granted.
Advocate Kartik Kaushal h/f Adv. Dharmesh Vyas present for defendant/BMC.
Plaintiff witness absent.
Matter adjourned for further cross examination of PW-1/RE to 08.09.2025.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 08-09-2025
Date: 08-09-2025
Date: 24-09-2025
Date: 03-11-2025
Date: 10-11-2025
Business: COURT IS ON LEAVE.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 01-12-2025
Date: 01-12-2025
Business: COURT IS ON LEAVE.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 17-12-2025
Date: 17-12-2025
Business: Advocate Ruby Tripathi h/f Ashok Pande present for plaintiff.
Advocate Dharmesh Vyas a/w Adv. Amar Patil present for defendant/BMC.
The BMC has produced evidence affidavit at Exh.46 along with the compilation of document at Exh. 47. The BMC is directed to serve the copy of the evidence affidavit along with the documents to the plaintiff on or before next date without fail.
Matter adjourned for say of plaintiff on compilation of document filed by the BMC to 24.12.2025.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 24-12-2025
Date: 24-12-2025
Date: 14-01-2026
Date: 21-01-2026
Date: 04-02-2026
Date: 07-02-2026
Business: CORAM - H.H.NDPS SPL. JUDGE SHRI. R.V. BHAKTA(C.R. NO.21)
Adv. Shobhit Shukla h/f Adv. A.R. Pandey for plaintiff present and seeks time for the cross-examination.
Adv. Dharmesh Vyas for defendant/BMC counsel present
Adjd to 11.02.2026 for cross-examination
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 11-02-2026
Date: 11-02-2026
Business: Adv. Shobhit Shukla h/f Adv. A.R. Pandey for plaintiff present and seeks time for cross examination. Granted.
Adv. Dharmesh Vyas for defendant/BMC counsel present.
Adjd to 20/02/2026 for cross examination
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 20-02-2026
Date: 20-02-2026
Business: CORAM - H.H.NDPS SPL. JUDGE SHRI. R.V. BHAKTA(C.R. NO.21)
Adv. A.R. Pandey @ Shobhit Shukla for plaintiff present
Adv. Dharmesh Vyas @ Adv. Amar Patil for defendant/BMC counsel present.
During the cross examination the plaintiff has produced the copy of the complaint and documents attached to the same before this court and shown to the witness. The complaint and documents produced by the complainant are collectively marked as Exhibit-56 as the BMC has given No Objection to exhibiting the documents as copy of the same given to the complainant by the BMC.
As the authenticity of the documents is admitted by the witness which are at Sr. No.8 to 12 and 18 to 22 are marked as Exh.57 to Exh.66.
Cross-examination of the defendant is completed.
Adjd to 06.03.2026 for further evidence of BMC
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 06-03-2026
Date: 06-03-2026
Date: 09-03-2026
Date: 18-03-2026
Business: CORAM - H.H.NDPS SPL. JUDGE SHRI. R.V. BHAKTA(C.R. NO.21)
Adv. Priti Thakur @ Adv. Shobhit Shulka h/f Adv. A.R. Pandey for plaintiff present
Adv. Dhwani Vyas h/f Adv. Dharmesh Vyas @ Adv. Amar Patil for defendant/BMC counsel present
Adjd to 30.03.2026 for argument
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 30-03-2026
Date: 30-03-2026
Business: CORAM - H.H.NDPS SPL. JUDGE SHRI. R.V. BHAKTA(C.R. NO.21)
Adv. Shobhit Shulka h/f Adv. A.R. Pandey for plaintiff present
Adv. Dharmesh Vyas @ Adv. Amar Patil for defendant/BMC counsel present and partly argued.
With the consent of both the parties matter is adjourned.
Adjd to 06.04.2026 for further argument
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 06-04-2026
Date: 06-04-2026
Business: IN THE COURT OF H.H.J. SHRI. R. V. BHAKTA JUDGE CITY CIVIL COURT C.R. NO. 61
Matter is received from C.R. No.21.
Adv. Priti Thakur h/f Adv. Shobhit Shukla i/b Adv. A.R. Pandey for plaintiff present.
Adv. Dharmesh Vyas for defendant/BMC counsel present.
Matter adjourned for arguments to 08.04.2026.
Judge
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 08-04-2026
Date: 08-04-2026
Business: IN THE COURT OF H.H.J. SHRI. R. V. BHAKTA JUDGE CITY CIVIL COURT C.R. NO. 61
Adv. Priti Thakur h/f Adv. Shobhit Shukla i/b Adv. A.R. Pandey for plaintiff present.
Adv. Dharmesh Vyas a/w Adv. Amar Patil a/w Adv. Tavakkuli for defendant/BMC counsel present.
Heard arguments of defendant/BMC.
Matter adjourned for arguments of plaintiff to 13.04.2026.
Judge
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 13-04-2026
Date: 13-04-2026
Date: 15-04-2026
Date: 17-04-2026
Business: IN THE COURT OF H.H.J. SHRI. R. V. BHAKTA JUDGE CITY CIVIL COURT C.R. NO. 61
Adv. A. R. Pandey a/w Adv. Shobhit Shukla for plaintiff present.
Adv. Dharmesh Vyas a/w Adv. Amar Patil a/w Adv. Tavakkuli for defendant/BMC counsel present.
Matter adjourned for arguments of plaintiff to 20.04.2026.
Judge
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 20-04-2026
Date: 20-04-2026
Business: IN THE COURT OF H.H.J. SHRI. R. V. BHAKTA JUDGE CITY CIVIL COURT C.R. NO. 61
Adv. Ruby Tripathi i/b Adv. A. R. Pandey for plaintiff present.
Adv. Tavakkuli a/w Adv. Amar Patil and Adv. Dharmesh Vyas for defendant/BMC counsel present.
Matter adjourned for arguments of plaintiff (P.H.) to 23.04.2026.
Judge
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 23-04-2026
Date: 23-04-2026
Date: 05-05-2026
Date: 08-05-2026
Date: 25-05-2026
Business: P. O is on vacation.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 03-06-2026
Date: 03-06-2026
Date: 08-06-2026
Date: 12-06-2026
Date: 18-06-2026
Date: 22-06-2026
Business: IN THE COURT OF H.H.J. SHRI. R. V. BHAKTA JUDGE CITY CIVIL COURT C.R. NO. 61
Adv. Shobhit Shukla i/b Adv. A. R. Pandey for plaintiff present and submitted that the plaintiff do not want to submit any rejoinder argument to the written argument filed by BMC.
Adv. Dharmesh Vyas a/w Adv. Amar Patil for defendant/BMC counsel present.
Matter adjourned for Judgment to 30.06.2026.
Judge
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 30-06-2026
Date: 30-06-2026
Business: IN THE COURT OF H.H.J. SHRI. R. V. BHAKTA JUDGE CITY CIVIL COURT C.R. NO. 61
Adv. Shobhit Shukla i/b Adv. A. R. Pandey for plaintiff present.
Adv. Dharmesh Vyas a/w Adv. Amar Patil for defendant/BMC counsel present.
Exh-67 - Judgment.
F.R.S.R. following Order is passed in Long Cause Suit No.90/2019 -
ORDER
1. Long Cause Suit No.90/2019 is dismissed with costs.
2. Decree be drawn up accordingly.
3. Dictated and pronounced in open Court.
The Adv. of the plaintiff submitted application to stay the execution of the Judgment and Decree order alongwith the copy of order passed by Honble High Court in Appeal from order dated 05.03.2020 by which the interim protection is granted to the plaintiff and directed BMC not to take coercive action in pursuance of impugned notice (S) during the pendency of this Suit. TOR. Marked as Exh-68. O- Other side to say. The BMC has taken strong objection for the stay to the execution on the ground that the suit is dismissed by this Court on merit.
I have heard both side at length.
It is to be noted here that the Honble High Court in Appeal from order dated 05.03.2020 has granted interim protection to the plaintiff not to take coercive action in pursuance of impugned notice (S) during the pendency of this Suit. In this circumstances in order to give opportunity to the plaintiff to challenge the Judgment and decree passed by this Court before the Honble Higher Court, it is necessary to extend the stay granted by the Honble High Court by virtue of its order dated 05.03.2020 for 4 weeks from this order. Hence the Execution of Judgment and Decree is hereby stayed till 31.07.2026.
Judge
Later on,
The Ld. Counsel Adv. Dharmesh Vyas for the BMC/defendant appeared and submitted that in the present matter he has appeared on behalf of defendant/BMC and conducted the entire suit including final argument. However inadvertently his appearance in the roznama as well as judgment is recorded otherwise, in fact it has to be recorded as Adv. Dharmesh Vyas a/w Adv. Tavakkuli and Adv. Amar Patil for defendant/BMC.
In this circumstances considering the record of this suit and above said facts the inadvertent mistake on roznama as well as judgment has to be clarified for the purpose of appearance of the Ld. Counsel of the defendant/BMC. Hence the appearance in the roznama and the judgment of the defendant/BMC Counsel be read rather mentioned as Adv. Dharmesh Vyas a/w Adv. Tavakkuli and Adv. Amar Patil for defendant/BMC.
Judge
Nature Of Disposal: DISMISSED
Disposal Date: 30-06-2026Additional Case Details
Additional Case Details
Filing Number: 100137/2019 Filing Date: 04-01-2019 First Hearing Date: 09th January 2019 Decision Date: 30th June 2026 Court Number And Judge: 61-COURT 61 ADDL SESSIONS JUDGE
Orders
1Final Order 130 Jun 2026
30 Jun 2026
Order Details: Copy of Judgment
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