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SUIT - SHORT CAUSE CIVIL SUIT

Nitin Subhash Gole +6 moreVsShankar Ganpat Kumbhar alias Shirwalkar

CNR MHCC01001492201829-COURT 29 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DECREED
Decision Date: 19th January 2024

TrustJury record updated 08 Sept 2026

Case Overview

Registration Number
100429/2018
Registration Date
12 Feb 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    8

    Acts & Sections

    1
    Bombay Tenancy and Agricultural Land (Vidarbha Region and Kutch Area) Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 05-03-2018
    Business: Adv. Mr. Ashok Shinde for plaintiff present.
    He filed draft N/M. Seeking leave to register.
    O- Leave granted for registration.
    At the request of advocate of plaintiff, he is allowed to serve the N/M upon the defendant by Registered AD.
    Date of service of writ of summons is extended till next date.
    Adjd to 2.5.2018 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 02-05-2018
    
    Date: 02-05-2018
    Business: As Court is busy in dictating and correction orders in N/M and Chamber Summons. Hence, board discharged.
    Adjd to 25.6.2018 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 25-06-2018
    
    Date: 25-06-2018
    Business: As court is on leave
    Next Purpose: SERVICE
    Next Hearing Date: 31-07-2018
    
    Date: 31-07-2018
    Business: Adv.Mr.A.B.Shinde for Plaintiff present.
    None for defendant.
    Affidavit of service filed by adv.for Plff.
    Plff.is directed to tender on record original registered N/m No.1129/18 failing which suitable orders will be passed.
    Adjd.for N/m service on 03.10.2018.
    Next Purpose: SERVICE
    Next Hearing Date: 03-10-2018
    
    Date: 03-10-2018
    Business: Adv A.B.shinde for Plff present. Filed originl Notice of Motion no. 1129/18 on record.
    Adjd.to 03/12/2018  for filing affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 03-12-2018
    
    Date: 03-12-2018
    Business: Adv.Mr.Shinde for Plff.present.
    None for defendant.
    Adjd for filing affidavit of service on 15.02.2019.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 15-02-2019
    
    Date: 15-02-2019
    Business: As P.O. is on leave, hence board is discharged and matter is adjourned.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 29-03-2019
    
    Date: 29-03-2019
    Business: Adv. Shinde for Plaintiff present.
    He filed affidavit of service t.o.r.
    Notice served upon defendant.
    Deft and Adv absent.
    Adj for reply in default for order to 19.06.2019.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 19-06-2019
    
    Date: 19-06-2019
    Business: Court is busy in dictating order and hearing in old matters hence Board is discharged and adjd.to 19.08.2019.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 19-08-2019
    
    Date: 19-08-2019
    Business: Matter called out (4.15 pm)
    Advocate Mr. Shinde for plaintiff present.
    Matter adj for NM hearing to 27.08.2019.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 27-08-2019
    
    Date: 27-08-2019
    Business: Adv.A.B.Sinnde for plaintiff present.
    Defendant and advocate absent.
    Matter adj for reply and hearing on 11/10/19.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 11-10-2019
    
    Date: 11-10-2019
    Business: Afternoon Session, Court is relieved for attending mediation conference at Nashik to be held on 12/10/2019. Hence, matter is adj to 20/11/19 for reply on N/M.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 20-11-2019
    
    Date: 20-11-2019
    Business: Matter called out(4.13pm)
    Adv.A.B.Shinde for plaintiff present.
    It appears form the service affidavit defendant is served on 10/09/2018.  Inspite of that none appeared hence suit to proceed ex-parte.
    Adv. for plaintiff seeking liberty to withdraw N/M No.1129/18.  Order- Allow to withdraw with liberty to file N/M as and when occasion arise. N/M No.1129/18 disposed off accordingly.
    Plaintiff to file ex-parte evidence.
    Matter is adj to to 24/01/2020 for ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 24-01-2020
    
    Date: 24-01-2020
    Business: Matter is called out at 11.32pm
    Adv.Ashok Shinde for plaintiff present.
    Defendant ex-parte.
    Matter is adj to 15/04/2020 for ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 15-04-2020
    
    Date: 15-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 22-04-2020
    
    Date: 22-04-2020
    Business: NATIONAL LOCKDOWN.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 02-06-2020
    
    Date: 02-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 19-06-2020
    
    Date: 19-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 17-08-2020
    
    Date: 17-08-2020
    Business: Due to Covid-19
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 03-10-2020
    
    Date: 03-10-2020
    Business: Due to Covid-19 none present.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 25-11-2020
    
    Date: 25-11-2020
    Business: Due to Covid-19 none present.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 21-01-2021
    
    Date: 21-01-2021
    Business: Plaintiff and advocate absent.
    Defendants proceeded ex-parte.
    Matter adjd for ex-parte evidence on 23/04/2021.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 23-04-2021
    
    Date: 23-04-2021
    Business: Due to the break out of Covid-19 and as per office order Court is taking only urgent matters.
    None present.
    Matter adjd to 28/07/2021 for Ex-Parte Evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 28-07-2021
    
    Date: 28-07-2021
    Business: None present for plaintiff.
    None present for defendant.
    Adjourned for Ex-parte evidence on 08.11.2021.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 08-11-2021
    
    Date: 08-11-2021
    Business: Court is on Leave.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 08-12-2021
    
    Date: 08-12-2021
    Business: Advocate A.B. Shinde for plaintiff is present.
    1. Plaint  Marked as Exh. 1
    2. Vakalatnama Marked as Exh. 2
    3. Memorandum of Address Marked as Exh. 3
    4. List of documents Marked as Exh. 04
    Mr. Nitin Subhash Gole plaintiff is present and tendered evidence affidavit Marked as Exh- 5.
    alongwith copy of List of documents Marked as Exh- .6
    None present for defendant.
    Adjourned for Ex-parte evidence of the plaintiff to 24.01.2022.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 24-01-2022
    
    Date: 24-01-2022
    Business: Court is on Leave.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 11-04-2022
    
    Date: 11-04-2022
    Business: Plaintiff is present.
    Advocate Ashok Shinde for plaintiff is present.
    None present for defendant.
    Adjourned for ex-parte evidence to 14.07.2022.
                                                                                            Judge
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 14-07-2022
    
    Date: 14-07-2022
    Business: Court is vacant.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 12-09-2022
    
    Date: 12-09-2022
    Business: Court is vacant.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 23-11-2022
    
    Date: 23-11-2022
    Business: Court is vacant.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 23-01-2023
    
    Date: 23-01-2023
    Business: Court is vacant.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 12-04-2023
    
    Date: 12-04-2023
    Business: Advocate Ashwini Borase for plaintiff is present and tendered application for adjournment. TOR - Granted.
    None for defendant.
    Adjd. for ex-parte evidence to 07/07/2023
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 07-07-2023
    
    Date: 07-07-2023
    Business: court is on leave
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 25-08-2023
    
    Date: 25-08-2023
    Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
    Adv. A. B. Shinde present for plaintiff and sought time to file original documents.
    None present for defendant.
    Matter is adjd. for Ex-parte Evidence to 04.10.2023.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 04-10-2023
    
    Date: 04-10-2023
    Business: Adv. Ashwini Borase present for plaintiff.
    Suit is proceeded ex-parte against defendant.
    KB L.O. at 12.15 p.m.
    Adv. Ashwini Borase present for plaintiff.
    Advocate for plaintiff filed application for production of document. TOR and marked as Exh.7.
    O. -Production allowed.
    She also filed list of documents. TOR and marked as Exh.8.
    Document at sr. no.4 to 8 are admissible in evidence and exhibited as below.
    Exh.9 -Ration card
    Exh.10 -Aadhar Card.
    Exh.11 -Voter ID Card.
    Exh.12 -Driving license.
    Exh.13 (colly) -Three Leave and license agreement.
    Matter is adjd. for further evidence to 02.11.2023.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 02-11-2023
    
    Date: 02-11-2023
    Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
    Adv. A. B. Shinde present for plaintiff and filed pursis. Taken on record. Marked as Exh-14.
    Suit is ex-parte against defendant.
    Matter is adjd. for argument to 30.11.2023.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 30-11-2023
    
    Date: 30-11-2023
    Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
    Adv. A. B. Shinde present for plaintiff.
    Suit is proceeded ex-parte against defendant.
    Heard argument of adv. for plaintiff.
    Plaintiff no.01 is present.
    Matter is adjd. for judgment to 18.12.2023.
    Next Purpose: JUDGMENT
    Next Hearing Date: 18-12-2023
    
    Date: 18-12-2023
    Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
    Adv. A. B. Shinde present for plaintiff.
    None present for defendant.
    Due to paucity of time matter is adjourned.
    Matter is adjd. for Judgment to 02.01.2024.
    Next Purpose: JUDGMENT
    Next Hearing Date: 02-01-2024
    
    Date: 02-01-2024
    Business: CORAM : H.H.J. SHRI A. K. KALE (C.R.NO.63)
    Adv. A. B. Shinde present for plaintiff.
    None present for defendant.
    Matter is adjd. for argument to 18.01.2024.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 18-01-2024
    
    Date: 18-01-2024
    Business: Advocate A.B.Shinde for plaintiff is present.
    Matter is proceeded Ex-party against defendant.
    Argument of advocate for plaintiff is already heard.
    Matter is adjourned to 19.01.2024 for judgment.
    Next Purpose: JUDGMENT
    Next Hearing Date: 19-01-2024
    
    Date: 19-01-2024
    Business: Advocate A.B.Shinde for plaintiff is present.
    Matter is proceeded Ex-party against defendant.
    Argument of advocate for plaintiff is already heard.
    Judgment
    For the reason separately recorded, following order is passed -
    ORDER
    1. Suit is decreed with costs.
    2. Defendant is hereby permanently restrained from obstructing the possession of plaintiffs over the suit premises and dispossessing them from suit premises.
    3. Decree be drawn up accordingly.
    Nature Of Disposal: DECREED
    Disposal Date: 19-01-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 101635/2018
    Filing Date: 29-01-2018
    First Hearing Date: 05th March 2018
    Decision Date: 19th January 2024
    Court Number And Judge: 29-COURT 29 ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    19 Jan 2024

    Order Details: Ex-parte Judgement Pdf Text: S.C.Suit No.429/2018. 1 Ex-parte judgment MHCC010014922018 Presented on 29012018 Registered on 12022018 Decided on 19012024 Duration Yrs. M. Days 05 11 21 CNR no. MHCC010014922018 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. S.C. SUIT NO. 429 OF 2018 Exhibit No.15 1. Nitin Subhash Gole Aged about 40 years, Occ. : service, Indian Inhabitant, Residing at 223, Mahur Gala, Koyanabai Chawl, Sarveshwar Mandir Marg, Takiyaward, Kurla (W), Mumbai400 070. 2. Bharat Baban Gole Aged…

    Read Full Order
    Order 1Full order available
    19 Jan 2024

    Order Details: Ex-parte Judgement Pdf Text: S.C.Suit No.429/2018. 1 Ex-parte judgment MHCC010014922018 Presented on 29012018 Registered on 12022018 Decided on 19012024 Duration Yrs. M. Days 05 11 21 CNR no. MHCC010014922018 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. S.C. SUIT NO. 429 OF 2018 Exhibit No.15 1. Nitin Subhash Gole Aged about 40 years, Occ. : service, Indian Inhabitant, Residing at 223, Mahur Gala, Koyanabai Chawl, Sarveshwar Mandir Marg, Takiyaward, Kurla (W), Mumbai400 070. 2. Bharat Baban Gole Aged…

    Read Full Order

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