Date: 27-01-2020
Business: By praecipe matter is taken on today\''s board.
Adv. S. P. Tripathi h/f Adv. Upadhyay for plaintiff present.
Adv. Jagdale for defendant no. 1 present and filed VP and Memo of RA, application for seeking time to file WS.
Vakalatnama filed on behalf of defendant no. 1. TOR.
Memo of RA. R and R.
Application for seeking time to file WS. Time granted.
Ld. counsel for plaintiff filed draft NM supported by affidavit along with affidavit of service. Leave granted to register draft NM. Copy served on the other side.
Ld. counsel for plaintiff submitted that since the Ld. counsel for defendant no. 1 has appeared and filed the VP, issuance of Writ of summons to defendant no. 1 may kindly be waived.
Heard both sides. Ld. counsel for defendant no. 1 accept the service of the NM as service of writ of summons. Hence, service of writ of summons to defendant no. 1 is waived.
Matter already Adj to 12.02.2020 for reply to NM.
Next Purpose: REPLY
Next Hearing Date: 12-02-2020
Date: 12-02-2020
Next Purpose: REPLY
Next Hearing Date: 03-04-2020
Date: 03-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 17-04-2020
Date: 17-04-2020
Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 77 of 2020 matter adjourned.
Next Purpose: REPLY
Next Hearing Date: 06-05-2020
Date: 06-05-2020
Business: In view of declaration of Novel Corona Virus(COVID-19) as global pandemic by WHO and as per office order No. 77 of 2020, matter adjourned.
Next Purpose: REPLY
Next Hearing Date: 28-05-2020
Date: 28-05-2020
Business: In view 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: REPLY
Next Hearing Date: 15-06-2020
Date: 15-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 22-09-2020
Date: 22-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 04-12-2020
Date: 04-12-2020
Business: None present for plaintiff and defendant.
Matter stands Adj for Reply to 03.02.2021
Next Purpose: REPLY
Next Hearing Date: 03-02-2021
Date: 03-02-2021
Business: None present.
The case is adjourned to 23.03.2021 for reply.
Next Purpose: REPLY
Next Hearing Date: 23-03-2021
Date: 23-03-2021
Business: Advocate Upadhyay for plaintiff present and tendered registered Notice of Motion No.602/20 along with affidavit in support of Notice of Motion. T.O.R.
None for defendant.
Defendant no. 1 has failed to file written statement and reply. Suit and NM to proceed without written statement and reply of defendant no.1.
Advocate for Plaintiff undertakes to serve writ of summons on defendant no.2.
Issue writ of summons against defendant no.2.
The case is adjourned to 14.06.2021 for service.
Next Purpose: SERVICE
Next Hearing Date: 14-06-2021
Date: 14-06-2021
Business: In view of office order No. 100/2021 dtd. 04.06.2021 of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai pursuant to circular dtd. 16.04.2021 issued by Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases and the views of stakeholders, the matter is adjourned owing to absence of the parties.
Next Purpose: SERVICE
Next Hearing Date: 05-08-2021
Date: 05-08-2021
Business: Dt. 05.08.2021
SU – 272/20
Exh. 05
CORAM : H.H.J SHRI. S. T. SOOR (C.R.NO.2)
In charge of C. R. No. 3
Adv. A. K. Upadhyay for plaintiff present.
He filed application for extension of time to serve the writ of summons upon defendant no. 02 T.O.R. and marked Exh. 05
O - Allowed.
Adjd to 27.09.2021 for service.
Judge
Next Purpose: SERVICE
Next Hearing Date: 27-09-2021
Date: 27-09-2021
Business: Matter mentioned at 1.36 p.m.
Adv. A. K. Upadhyay for plaintiff present.
He tendered bailiff report with respect to service of writ of summons upon Deft. No.2. Exh.6
In spite of service, none appeared for Deft. No.2 present.
Hence, suit to proceed exparte against Deft. No.2.
Deft. No.1 is already proceeded exparte.
Matter stands adjourned to 23.11.2021 for Exparte evidence.
Judge
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 23-11-2021
Date: 23-11-2021
Business: Court is on leave. Hence, Board is discharged.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 13-01-2022
Date: 13-01-2022
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 03-03-2022
Date: 03-03-2022
Business: Matter called out at 11.55 a.m.
Adv. Rajnish Upadhyay for plaintiff present. He is seeking time. Time granted.
None present for defendant.
Matter stands adjourned to 14.06.2022 for Exparte Evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 14-06-2022
Date: 14-06-2022
Business: Adv. A. K. Upadhyay for plaintiff present.
None present for defendant.
Matter stands adjourned to 14.07.2022 for exparte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 14-07-2022
Date: 14-07-2022
Business: Plaintiff a/w Adv. A. K. Upadhyay present.
None present for defendant.
Matter stands adjourned to 12.09.2022 for Exparte Evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 12-09-2022
Date: 12-09-2022
Business: Plaintiff in person present. She is seeking time. Time granted.
None present for defendant.
K.B.
Later on called out 2.45 p.m.
Plaintiff in person present.
None present for defendant.
Matter stands adjourned to 12.12.2022 for exparte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 12-12-2022
Date: 12-12-2022
Business: Plaintiff in person present. Her advocate absent.
None present for defendant.
Matter stands adjourned to 06.02.2023 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 06-02-2023
Date: 06-02-2023
Business: Court is on Leave.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 27-03-2023
Date: 27-03-2023
Business: None present.
K.B.
Later on at 3.19 p.m.
Plaintiff in person present.
None present for defendant.
Matter stands adjourned on 26.06.2023 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 26-06-2023
Date: 26-06-2023
Business: None for Plaintiff present.
Adv Sudhir Jagdale for defendant no. 1 present.
Matter stands adjourned on 05-09-2023 for ex-party evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 05-09-2023
Date: 05-09-2023
Business: Plaintiff in person present.
Matter stands adjourned on 26-10-2023 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 26-10-2023
Date: 26-10-2023
Business: Adv Sheetal Malvankar present for Plaintiff and seeks time
None present for Defendant.
Exh.7 appointment letter of legal aid. TOR.
Exh. 8 V/P of Plaintiff. TOR.
Matter stands adjourned on 05-01-2024 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 05-01-2024
Date: 05-01-2024
Business: This court is newly established on 02.01.2024.
Matter received from CR. NO.
Adv. Shital Malankar for plaintiff present.
None present for defendant.
Adv. For the plaintiff present and filed an adjournment application. t.o.r. and marked as Exh.09. O for the reason stated matter adjourned.
Matter adjourned for Ex-parte evidence to 20-02-2024.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 20-02-2024
Date: 20-02-2024
Business: IN THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO. 61
This court newly formed on 02.01.2024.
Matter transferred from CRNo.
None for plaintiff.
None for defendant.
Plaintiff absent. No evidence, if any, tendered. Hence adjourned for passing further order against plaintiff.
Matter adjourned for further evidence/order to 19/03/2024.
LO at 12. 40 pm..
PW-1 Shruti Gawade present and filed affidavit of examination in chief t.o.r. and marked as Exh.10.
She stated on oath about filing of the affidavit in the court and also stated that the contents their in are true and correct as per information given by to her counsel. Hence the affidavit is read and recorded and it will form part and parcel of this proceeding.
She also filed list of documents tor and marked as Exh.11. O-seen.
Defendant is Ex-parte.
Matter adjourned for argument of document filed by plaintiff/marking documents to 19/03/2024.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 19-03-2024
Date: 19-03-2024
Business: IN THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO. 61
Adv. Vrusahli Khabre for plaintiff present.
None for defendant.
Heard advocate for the plaintiff on Ex.11.
Matter adjourned for order on documents on Exh.11 / Ex-parte evidence to 20-04-2024.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 20-04-2024
Date: 20-04-2024
Business: IN THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO. 61
Adv. Vrushali alongwith plaintiff present and orally sought time to argue the NM on next date. O- Time granted.
None for defendant.
Perused the evidence filed by the plaintiff and documents filed at Exh.11.
Heard Ld counsel on documents at Exh.11 on previous date.
Order below Exh.11 of admissibility of documents filed by the plaintiff.
1.As regard the documents at SR. No.1 are Two Electricity bills for the month February/March 1996 and May 2013. Those being original, admissible in evidence hence, marked Exh.12 Colly.
2. The document at Sr. No.2 is Death Certificate of the father of plaintiffs it being original and issued by public body hence it is marked as Exh.13.
3. The document at Sr. No.3 is photocopy of Pitch Holders card it being xerox hence, it is marked as Art- A.
4. The document at Sr. No.4 is notice dt.10.02.2024 issued by the plaintiff to the defendants it being office copy of the original, hence it be marked as Exh.14, subject to proof of its contents.
5. The document at Sr. No.5 is track report for consignment No. RM6722236735IN. It being computerized and postal authorized hence, it is marked as Exh.15.
6. The document at Sr. No.6 is Original Ration Card in the name of father of the plaintiffs which shown name of mother of plaintiffs it being public document hence it is marked as Exh.16.
7. The document at Sr. No.7 is the original Hutment Dwellers Identity Card in the name of mother of plaintiffs. It being issued by public authority and original, hence it is marked as Exh.17.
8. The document at Sr. No.8 is Extract of Annexure-II obtained under the Right to Information Act hence, it be marked as Exh.18, subject to proof of its contents.
9. The document at Sr. No.9 is Consent Letter dt 31.07.2010 it is issued under Right to Information Act hence it is marked as Exh.19, subject to proof of its contents.
10. The document at Sr. No. 10 is the death certified issued by public authority in the name of mother of plaintiffs it being public document hence marked as Exh.20.
11. The document at Sr. No.11 t is death certified issued by public authority in the name of sister of plaintiff in being public document hence marked as Exh.21.
12. The document at Sr. No.12 is xerox copy of Consent Letter dt 23.05.2017 hence it is marked as Art.-B.
13. The document at Sr. No.13 is office copy of letter issued by advocate of the plaintiffs dt.12.02.2024 it being office copy, hence it is marked as Exh.22 subject to proof of its contents.
14. The document at Sr. No.14 is photocopy of Agreement dt.23.05.2017 furnished by defendant No.2 to the plaintiff it being xerox hence, it be marked Art.-C.
15. The document at Sr. No.15 is office copy of letter issued by plaintiffs advocate hence, it is marked as Exh.23, subject to proof of its contents.
16. The document at Sr. No.25 is Acknowledgment receipt dt.28.03.2018 in original, having signature of the defendant hence it is marked as Exh.24.
17. The document at Sr. No.17 is office copy of letter dt.11.02.2019 issued by plaintiffs advocate hence it is marked as Exh.25, subject to proof of its contents.
Matter adjourned for further chief examination if any / cross of PW-1 /Ex-parte evidence to 24-06-2024 at morning sessions.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 24-06-2024
Date: 24-06-2024
Business: IN THE COURT OF H.H.J. S. M. AGARKAR JUDGE CITY CIVIL COURT C.R. NO. 61
Adv. Sheetal Malwankar for plaintiff present.
None for defendant.
PW-1 present.
Matter adjourned for further witness by plaintiff to 14-08-2024.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 14-08-2024
Date: 14-08-2024
Business: IN THE COURT OF H.H.J. R. D. DESHPANDE JUDGE CITY CIVIL COURT C.R. NO. 61
Plaintiff is present alongwith her Adv. Shital Malwankar and filed application. TOR and marked as Exh.26 for production of document. TOR and Marked as Exh.27 i.e. acknowledgment postal receipt. O- Production is allowed.
Adv. Malwankar seeks time to examine further witness.
Matter adjourned for further cross examination to 04-10-2024.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 04-10-2024
Date: 04-10-2024
Business: Adv. Aarti Bhosale for plaintiff is present and seeks time to adduce further evidence.
Ex-parte against defendants.
Matter is adjourned for Ex-parte evidence to 25.11.2024
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 25-11-2024
Date: 25-11-2024
Business: P. O. is on leave.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 08-01-2025
Date: 08-01-2025
Business: Plaintiff a/w her Adv. Sheetal Malvankar is present. She filed evidence close pursis. TOR. Marked as Exh-28. O-seen and filed.
Ex-parte against defendants.
Matter adjourned for final arguments to 18.02.2025.
Next Purpose: ARGUMENTS
Next Hearing Date: 18-02-2025
Date: 18-02-2025
Business: Adv. Varsha Patil for plaintiff is present. She seeks time.
None for defendants.
Matter adjourned for final arguments to 13.03.2025.
Next Purpose: ARGUMENTS
Next Hearing Date: 13-03-2025
Date: 13-03-2025
Business: Plaintiff is present.
Ex-parte against defendants.
K.B.
Later on at 1.15 p.m.
Plaintiff a/w her Adv. Sheetal Malvankar is present.
Ex-parte against defendants.
Heard arguments of Adv. Sheetal Malvankar for plaintiff in part. She seeks time for further arguments.
Matter adjourned for further arguments of plaintiff to 24.04.2025.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 24-04-2025
Date: 24-04-2025
Business: None for plaintiff.
Ex-parte against defendants.
Matter adjourned for final arguments P.H. to 09.06.2025.
L.O.
At 12.50 p.m.
plaintiff a/w her adv. Malvankar is present. She tendered draft C.S. a/w affidavit in support. TOR. O- leave is granted to register.
Matter adjourned for tendering register C.S. by plaintiff to 09.06.2025
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 09-06-2025
Date: 09-06-2025
Business: Plaintiff a/w Adv. Sheetal Malvankar is present and tendered registered CS No.1162/2025 a/w affidavit in support.
Ex-parte against defendants.
ORDER
Perused the application and record. Heard. Considering the fact that suit proceed ex-parte therefore no prejudice will the cause to defendants in case amendment as prayed earlier accordingly the CS is allowed. Plaintiff is directed to amend plaint within 14 days from today and to supply amended copy. Accordingly CS No.1162/2025 is disposed off.
Matter adjourned for compliance to 19.06.2025.
Next Purpose: COMPLIANCE
Next Hearing Date: 19-06-2025
Date: 19-06-2025
Business: Plaintiff present, her advocate absent.
None for defendant.
Amended copy not supplied.
Matter adjourned for compliance to 16.09.2025.
Next Purpose: COMPLIANCE
Next Hearing Date: 16-09-2025
Date: 16-09-2025
Business: Adv. Sarthak Patil for plaintiff is present and tendered copy of amended plaint. TOR. Marked as Exh-1A. O- R and R. Copy be served upon defendant.
None for defendant.
Matter adjourned for final arguments to 04.11.2025.
Next Purpose: ARGUMENTS
Next Hearing Date: 04-11-2025
Date: 04-11-2025
Business: IN THE COURT OF H.H.J. A. C. DAGA JUDGE CITY CIVIL COURT C.R. NO. 61
Adv. Sarthak Patil h/f Adv. Malvankar for plaintiff is present and sought time.
None for defendant.
Matter adjourned for arguments to 20.12.2025.
Judge
Next Purpose: ARGUMENTS
Next Hearing Date: 20-12-2025
Date: 20-12-2025
Business: PO is on leave.
Next Purpose: ARGUMENTS
Next Hearing Date: 04-02-2026
Date: 04-02-2026
Business: Court is on leave, hence matter adjourned.
Next Purpose: ARGUMENTS
Next Hearing Date: 01-04-2026
Date: 01-04-2026
Business: IN THE COURT OF H.H.J. V. G. RAGHUWANSHI JUDGE CITY CIVIL COURT C.R. NO. 61
None for plaintiff.
None for defendant.
Matter adjourned for arguments to 19.06.2026.
Judge
Next Purpose: ARGUMENTS
Next Hearing Date: 19-06-2026
Date: 19-06-2026
Business: IN THE COURT OF H.H.J. SHRI. R. V. BHAKTA JUDGE CITY CIVIL COURT C.R. NO. 61
Plaintiff is present.
None for defendant.
K.B.
Later on at 12.01 p.m.
Adv. Sheetal Malvankar for plaintiff is present.
Matter adjourned for arguments to 14.08.2026.
Judge
Next Purpose: ARGUMENTS
Next Hearing Date: 14-08-2026
Date: 14-08-2026
Business: IN THE COURT OF H.H.J. SHRI. R. V. BHAKTA JUDGE CITY CIVIL COURT C.R. NO. 61
Plaintiff a/w Adv. Sheetal Malvankar is present.
None for defendant.
Heard arguments of Adv. Sheetal Malvankar for plaintiff.
Matter adjourned for Ex-parte Judgment to 08.09.2026.
Judge
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 08-09-2026
Date: 08-09-2026
Business: IN THE COURT OF H.H.J. SHRI. R. V. BHAKTA JUDGE CITY CIVIL COURT C.R. NO. 61
Adv. Parag Sutar h/f Ad. Sheetal Malvankar for plaintiff is present.
Ex-parte against defendant.
Exh-29 - Judgment.
F.R.S.R. following Order is passed in Suit No.272/2020-
ORDER
1. The suit is hereby decreed with costs.
2. It is hereby declared that the plaintiff and defendant no.1 are each entitled to an equal 50percent share in the suit property.
3. Defendant no. 2 is hereby directed to execute the agreement for alternative/permanent accommodation in the joint names of the plaintiff and defendant no. 1, in lieu of the suit property.
4. Defendant no. 1 is hereby permanently restrained from creating any third-party interest in respect of the suit property.
5. A Court Commissioner be appointed for the effective partition of the suit property by metes and bounds. In the event the suit property cannot be conveniently divided by metes and bounds, the same may be sold and the sale consideration shall be divided equally between the plaintiff and defendant no.1.
6. A decree be drawn up accordingly.
7. Accordingly, Short Cause Suit No.272/2020 stands disposed of.
As the suit is disposed of, NM No.602/2020 also disposed of.
Pronounced in open Court.
Judge
Nature Of Disposal: DECREED
Disposal Date: 08-09-2026