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SUIT - SHORT CAUSE CIVIL SUIT

Kamkaraji Lodha +10 moreVsPraveen Selvadia +1 more

CNR MHCC01001359202066-COURT 66 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 07th March 2026

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
101083/2020
Registration Date
24 Jul 2020

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    13

    Acts & Sections

    2
    CODE OF CIVIL PROCEDURE · Sec 39
    Specific Relief Act · Sec 34

    Case History / Proceedings

    Case History
    Date: 14-08-2020
    Business: Case is adjd. in view of declaration of Noval Corona Virus (COVID -19).
    Next Purpose: DIRECTIONS
    Next Hearing Date: 20-10-2020
    
    Date: 20-10-2020
    Business: In view of the Standard Operating Procedure laid down by Hon''ble Bombay High Court vide circulars dtd. 03.06.2020, 05.09.2020, 10.09.2020 in the wake of spread of COVID-19 pandemic the matter is adjourned owing to absence of the  parties.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 25-01-2021
    
    Date: 25-01-2021
    Business: Adv Gadha for plaintiff present and tendered vakalatnama t.o.r and marked as Exh.     and draft Notice of Motion along with affidavit t.o.r. Leave granted to register the Notice of Motion.  Copy be served to other side.
    Defendant absent.
    Adjd to 26.04.2021 for  Directions.
    Reason For Adjournment: court time is over
    Next Purpose: DIRECTIONS
    Next Hearing Date: 26-04-2021
    
    Date: 26-04-2021
    Business: Case is adjd. in view of declaration of Noval Corona Virus (COVID -19).
    Next Purpose: DIRECTIONS
    Next Hearing Date: 13-08-2021
    
    Date: 13-08-2021
    Business: Nobody present.
    Adjd for directions to 09/12/2021
    Next Purpose: DIRECTIONS
    Next Hearing Date: 09-12-2021
    
    Date: 09-12-2021
    Business: IN THE COURT OF H.H.J. SMT. S. S. NAGUR JUDGE CITY CIVIL COURT C.R. NO. 04
    At 02.50 pm.
    None present.
    The NM is registered but not filed by plaintiff till date.
    Plaintiff to file the registered NM on next date failing which the NM will be removed from the file.
    Adjd for compliance to 03/03/2022.
    LO at 03.27 pm.
    Adv. Dipen Furia I/b Dhanuka and Partners for plaintiff present.
    Registered NM No.364/21 along with affidavit filed by Adv. For plaintiff. TOR.
    Writ of summons without affidavit of Bailiff S.M. Khopatkar.
    Adjd for service of NM to defendant to 03/03/2022.
    Next Purpose: SERVICE
    Next Hearing Date: 21-02-2022
    
    Date: 21-02-2022
    Business: BY Precipe O- Allowed.
    Adv. Manojkumar Upadhyay filed vakalatnama on behalf of defendant. T.O.R. O- Filed
    Writ of summons is served to defendant as per unaffirmed bailiff report on 24.02.2021.
    Written statement filed by adv. For defendant. T.O.R for consideration only.
    Already adjd to 03/03/2022
    Next Purpose: SERVICE
    Next Hearing Date: 03-03-2022
    
    Date: 03-03-2022
    Business: Sheristedar stated that the file is not searched.
    Adv. Pranesh Gada filed vakalatnama on behalf of Plaintiff. T.O.R.O- Filed
    Sheristedar to get the file searched from concerned staff and put up before me on next date.
    Adv. For plaintiff tendered affidavit of service of notice of motion upon defendants. T.O.R.
    Adv. For plaintiff tendered Affidavit of service of suit upon defendants. T.O.R.
    Adjd for NM hearing to 18/04/2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-04-2022
    
    Date: 18-04-2022
    Business: Adv. Nidhi Shah for plaintiff present.
    Adv. Sumandevi Yadav for defendant present.
    Adjd for NM hearing to 08/07/2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-07-2022
    
    Date: 08-07-2022
    Business: Adv. Pranesh Gada for plaintiff present.
    None for defendants no. 1 and 2
    On perusal of record, it appears that Mihir son of defendant no. 1 accepted service of writ of summons on behalf of defendants no. 1 and 2 as per bailiff report on fresh original writ of summons dtd. 24-02-2021. Written statement of defendant no. 1 is placed on record on 21-02-2022. Apparently, there is delay in filing written statement by defendant no. 1, but considering extension of limitation period as per directions in SUO MOTO writ petition (civil) No. 3/2020 dtd. 10-01-2022given by Hon''ble Supreme  Court, written statement  of defendant no. 1 is marked as Exh.2
    Defendant no. 1 is directed to provide copy of written statement Exh. 2 to the plaintiff.
    As defendant no. 2 has not appeared even after service of writ of summons on 24-02-2021, suit to proceed ex parte against defendant no. 2.
    No reply order is passed against defendant no. 1 and 2.
    Matter is adjd.to 22-08-2022 for NM Hrg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-08-2022
    
    Date: 22-08-2022
    Business: Adv.  Nidhi Shah h/f Adv. Rane for plaintiff present.
    None for defendants no.  1 and 2
    Matter is adjd.to 03-10-2022 for NM Hrg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-10-2022
    
    Date: 03-10-2022
    Business: Adv. Pranesh Gada for plaintiff present.
    None for defendants no. 1 and 2
    Matter is adjd.to 15-11-2022 for NM Hrg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-11-2022
    
    Date: 15-11-2022
    Business: Adv. Shubham Mishra for plaintiff present and prayed for adjournment  due to non availability of Adv. Pranesh Gada - allowed
    None for defendants no. 1 and 2.
    Matter is adjd.to  23-01-2023 for NM Hrg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-01-2023
    
    Date: 23-01-2023
    Business: PO IS ON HALF DAY LEAVE IN 2ND SESSION.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-03-2023
    
    Date: 13-03-2023
    Business: Adv. Pranesh Gada for plaintiff present.
    Adv Sumandevi Yadav for defendant no. 1 present.
    Matter is adjd.to 11-04-2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-04-2023
    
    Date: 11-04-2023
    Business: Adv. Pranesh Gada for plaintiff present.
    Adv Sumandevi Yadav for defendant no. 1 present.
    None for defendant no.2
    Defendants no. 1 and 2 are directed to provide copies of written statement Exh.2 to the plaintiff on the next date of hearing.
    Matter is adjd.to 06-06-2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-06-2023
    
    Date: 06-06-2023
    Business: Adv. Branesh Gala for plaintiff present.
    None for defendant present. KB
    L. O.
    Adv. Sumandevi Yadav I/b Manoj Kumar Upadhay for defendant no. 1 present.
    Matter adjourned for NM for hearing to 27/06/2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-06-2023
    
    Date: 27-06-2023
    Business: Adv. Branesh Gala for plaintiff present.
    None for defendant no. 1 and 2 present.
    Today matter is kept for n/m hearing. Thus defendants directed to remain present on next date and aruge on n/m. Otherwise n/m will be heard in their absence.
    Matter adjourned for n/m hearing to 05/08/2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-08-2023
    
    Date: 05-08-2023
    Business: Adv. Pranesh Gada for plaintiff present.
    None for defendant .
    Heard advocate for the plaintiff in Nm No.364 of 2021.
    Matter adjourned to 11-08-2023 for order in NM No.364/2021.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 11-08-2023
    
    Date: 11-08-2023
    Business: None for plaintiff present.
    Adv. Suman Devi Yadav for defendant no. 1 present and filed application for permitting her to file reply to the n/m and also filed pursis for adopting the WS as reply to n/m  TOR and marked as Exh. 3 and 4.
    Matter adjourned to 17/08/2023 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 17-08-2023
    
    Date: 17-08-2023
    Business: Adv. Ranesh Gada for plaintiff present and filed reply on Exh. 3. TOR.
    Plaintiff has given no objection to file pursis for accepting WS as his reply to n/m. The pursis is accepted. WS filed by the defendant is also accepted as n/m no. 364 of 2021. Matter already heard, hence kept for order.
    Adv. Sumandevi Yadav For defendant no. 1 present.
    Matter adjourned for order on NM no. 364 of 2021 to 18/08/2023.
    Next Purpose: ORDER
    Next Hearing Date: 18-08-2023
    
    Date: 18-08-2023
    Business: Adv. Shubham Mishra for plaintiff present.
    Adv. Sumandevi Yadav For defendant no. 1 present.
    Matter adjourned for order ON N/M to 21/08/2023.
    Next Purpose: ORDER
    Next Hearing Date: 21-08-2023
    
    Date: 21-08-2023
    Business: None For plaintiff present.
    Adv. Sumandevi Yadav i/b Manoj Kumar Upadhay For defendant no. 1 present.
    FRSR following order passed :-
    - ORDER -
    1. 	Notice of Motion No. 364/2021 is allowed in following terms :
    	(i) 	The defendants are restrained from obstructing plaintiff in lawfully using of the lift installed at the suit property.  The plaintiffs shall also directed to contribute in maintaining the lift and electricity charges.
    2. 	N/m No. 364/2021 is disposed off accordingly.
    Matter adjourned for hearing on issue to 21/10/2023.
    Next Purpose: HEARING
    Next Hearing Date: 21-10-2023
    
    Date: 21-10-2023
    Business: None For plaintiff present.
    None For defendant present.
    Matter adjourned for hearing to 16/12/2023.
    Next Purpose: HEARING
    Next Hearing Date: 16-12-2023
    
    Date: 16-12-2023
    Business: None for plaintiff.
    None for defendant.
    Matter adjourned for filing draft issues to 17.02.2024.
    Next Purpose: HEARING
    Next Hearing Date: 17-02-2024
    
    Date: 17-02-2024
    Business: P. O. is on leave, matter adjourned to
    Next Purpose: HEARING
    Next Hearing Date: 26-03-2024
    
    Date: 26-03-2024
    Business: None For plaintiff present.
    None For defendant present.
    Matter adjourned for draft issues to 15/06/2024.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 15-06-2024
    
    Date: 15-06-2024
    Business: None for plaintiff present.
    None for defendant present.
    Matter adjourned for draft issues to 30.08.2024.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 30-08-2024
    
    Date: 30-08-2024
    Business: None present.
    Matter adjourned to 04/12/2024 for draft issue.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 10-09-2024
    
    Date: 10-09-2024
    Business: Not on board. Taken on board.
    Matter be referred to Lok-adalat.  Issue notice to both  parties to appear before Lok-adalat.
    Matter adjourned for Lok-adalat to 28/09/2024.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 28-09-2024
    
    Date: 28-09-2024
    Business: NATIONAL LOK-ADALAT HELD ON 28.09.2024 (Panel-6)
    Matter pertains to C.R. No. 66
    Parties and their respective advocates are absent.
    Hence settlement is not possible.
    Matter not settled in Lok Adalat. Matter sent back to regular court at same stage before reference to Lok Adalat.
    Matter is adjourned to 04.12.2024
     Adv. Aarif Ali Musharraf Ali                         HHJ. Prashant C. Kale
            Panel Member                                                        Panel Head
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 04-12-2024
    
    Date: 04-12-2024
    Business: P. O. is on leave, matter adjourned to
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 03-02-2025
    
    Date: 03-02-2025
    Business: None present.
    Matter adjourned for draft issue to 03.07.2025
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 03-07-2025
    
    Date: 03-07-2025
    Business: PO is on leave hence matter adjourned
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 25-09-2025
    
    Date: 25-09-2025
    Business: Both parties and their advocate are absent.
    The plaintiff is absent since 21/10/2023. The plaintiff has not complied order dated 21/08/2023. The plaintiff has  not taken any steps to proceed with the matter and has not complied order dated 21/08/2023. It appears that plaintiffs has lost his interest in the matter. Therefore matter be kept for dismissal order.
    Matter adjourned for dismissal order to 01/11/2025.
    Next Purpose: DISMISSAL
    Next Hearing Date: 01-11-2025
    
    Date: 01-11-2025
    Business: None present.
    Matter adjd. for dismissal to 01.01.2026.
    Next Purpose: DISMISSAL
    Next Hearing Date: 01-01-2026
    
    Date: 01-01-2026
    Business: Due to Christmas Vacation, matter is adjourned to.03.01.2026.
    Next Purpose: DISMISSAL
    Next Hearing Date: 03-01-2026
    
    Date: 03-01-2026
    Business: P. O. is on leave, matter adjourned to
    Next Purpose: DISMISSAL
    Next Hearing Date: 27-01-2026
    
    Date: 27-01-2026
    Business: CORAM : H.H.J. SMT. M. M. DESHPANDE (C.R.NO.66)
    NOB. TOB.
    As per office order, matter kept under special drive for dismissal in non appearance of plaintiffs. This suit is kept for dismissal on 31.01.2026 Hence, matter is preponed and kept for dismissal order. Issue notice to the plaintiff through RPAD.
    Matter is adjd. for dismissal to 31.01.2026.
    Next Purpose: DISMISSAL
    Next Hearing Date: 31-01-2026
    
    Date: 31-01-2026
    Business: CORAM : H.H.J. SMT. M. M. DESHPANDE (C.R.NO.66)
    None present for plaintiff.
    None present for defendant.
    KB at 04:00 p.m.
    Matter is called out at 04:15 p.m.
    The plaintiff is absent since 21.10.2023. The plaintiff has not complied the order dtd.21.08.2023. It appears that plaintiff has lost its interest in the matter. Matter is kept for dismissal order since 25.09.2025. Notice is already issued to the plaintiff to appear and take steps in the matter.
    Matter is adjd. for dismissal order to 07.03.2026.
    Next Purpose: DISMISSAL
    Next Hearing Date: 07-03-2026
    
    Date: 07-03-2026
    Business: CORAM : H.H.J. SMT. M. M. DESHPANDE (C.R.NO.66)
    None present for plaintiff.
    None present for defendant.
    KB
    The plaintiff is absent since 21.10.2023. The plaintiff has not complied the order dtd.21.08.2023. It appears that the plaintiff has lost its interest in the matter. Matter is already kept for dismissal order since 25.09.2025. Today also matter is repeatedly called till 04:00 p.m., but plaintiff and his counsel are absent Hence, suit is dismissed in default for want of prosecution. No order as to costs.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 07-03-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 101489/2020
    Filing Date: 01-02-2020
    First Hearing Date: 14th August 2020
    Decision Date: 07th March 2026
    Court Number And Judge: 66-COURT 66 ADDL SESSIONS JUDGE

    Orders

    3
    Final Order 2
    07 Mar 2026
    Order Details: Other
    Pdf Text: Daily Status
    IN THE COURT OF :COURT 66 ADDL SESSIONS JUDGE
    Case No. :SUIT/0101083/2020
    Kamkaraji Lodha Vs Praveen Selvadia
    Date : 07-03-2026
    Business : CORAM : H.H.J. SMT. M. M. DESHPANDE (C.R.NO.66)
    None present for plaintiff. None present for defendant. KB
    The plaintiff is absent since 21.10.2023. The plaintiff has not
    complied the order dtd.21.08.2023. It appears that the plaintiff
    has lost its interest in the matter. Matter is already kept for
    dismissal order since 25.09.2025. Today also matter is
    repeatedly called till 04:00 p.m., but plaintiff and his counsel
    are absent Hence, suit is dismissed in default for want of
    prosecution. No order as to costs.
    Nature of Disposal : DISMISSED IN DEFAULT
    Disposal Date : 07-03-2026
    -- 1 of 1 --
    Interim Order 1Full order available
    21 Aug 2023

    Order Details: Notice of Motion Pdf Text: N/m No. 364/21 in S.C.Suit No. 1083/2020. 1 Order MHCC010011472021 Presented on : 05-02-2021 Registered on : 05-02-2021 Decided on : 21-08-2023 Duration : 2 years, 6 months, 16 days IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. NOTICE OF MOTION NO. 364 OF 2021 IN S. C. SUIT NO. 1083 OF 2020 Kankaraji Lodha and others )...Plaintiffs Versus Praveen Selvadia and another )...Defendants Shri Pranesh Gada, Advocate for the plaintiff. Smt. Sumandevi…

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    Order 1Full order available
    21 Aug 2023

    Order Details: Notice of Motion Pdf Text: N/m No. 364/21 in S.C.Suit No. 1083/2020. 1 Order MHCC010011472021 Presented on : 05-02-2021 Registered on : 05-02-2021 Decided on : 21-08-2023 Duration : 2 years, 6 months, 16 days IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. NOTICE OF MOTION NO. 364 OF 2021 IN S. C. SUIT NO. 1083 OF 2020 Kankaraji Lodha and others )...Plaintiffs Versus Praveen Selvadia and another )...Defendants Shri Pranesh Gada, Advocate for the plaintiff. Smt. Sumandevi…

    Read Full Order

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