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SUIT - SHORT CAUSE CIVIL SUIT

Mohan Narayan KshirsagarVsPrakash Tukaram Satam

CNR MHCC0100193720231-COURT 01 ADDL SESSIONS JUDGE
Fort, City Civil Court
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DECREED
Decision Date: 10th April 2024

TrustJury record updated 13 Oct 2026

Case Overview

Registration Number
100993/2023
Registration Date
17 Apr 2023

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Petitioner

    1. 1Mohan Narayan Kshirsagar

    Respondent

    1. 1Prakash Tukaram Satam

    Acts & Sections

    2
    CODE OF CIVIL PROCEDURE · Sec 39
    Specific Relief Act · Sec 34 · 5

    Case History / Proceedings

    Case History
    Date: 15-06-2023
Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
Adv. Bhimrao Pawar present for plaintiff.
Adv. Hasnale present for defendant.
Defendant is present.
Plaint
Address Memo
V/P of advocate for plaintiff.
List of documents.
Writ of summons. t.o.r. Marked as Exh-05.
Vakalatnam. t.o.r. Marked as Exh-06.
Written Statement. t.o.r. Marked as Exh-07. Copy written statement is served on plaintiff.
Matter is adjd. for framing issues to 17.08.2023.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 17-08-2023

Date: 17-08-2023
Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
Adv. Bhimrao A. Pawar present for plaintiff and filed draft issues. t.o.r.
Adv. Hasnale present for defendant and sought time to file draft issues.
Matter is adjd. for framing issues to 10.10.2023.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 11-09-2023

Date: 11-09-2023
Business: By preacipe
Plaintiff a/w Adv. Rasnale for plaintiff is present.
Adv. Pawar for defendant no. 1 is present.
Ld. advocate for defendant no. 1 filed an application in S.C. Suit no. 3153/18 hence, matter is adjourned.
Matter adjd to 20.09.2023 for issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 20-09-2023

Date: 20-09-2023
Business: P.O. is on leave. Matter is adjourned to
Next Purpose: FRAMING ISSUES
Next Hearing Date: 07-10-2023

Date: 07-10-2023
Business: Adv. Bhimrao Pawar for Plaintiff is present.
Adv. Pradip Kadam for defendant is present.
The Ld. Adv for defendant has filed draft issue.
Issues Framed. Exhibit-08.
Matter adjd to 23.10.2023 for filing evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-10-2023

Date: 23-10-2023
Business: Adv. Bhimrao Pawar for plaintiff is present.
Adv. Pradeep Kadam for defendant is present.
Matter adjd to 09.11.2023 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-11-2023

Date: 09-11-2023
Business: Adv. Bhimrao Pawar for plaintiff is present.
Adv. Pradeep Kadam for defendant is present.
Separate order passed in suit no. 3153/18.
Matter adjd to 24.11.2023 for filing evidence of plaintiff .
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-11-2023

Date: 24-11-2023
Business: Adv. Bhimrao Pawar for plaintiff is present.
Adv. Kadam  for defendant is present.
Matter adjd to 02.12.2023 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-12-2023

Date: 02-12-2023
Business: Adv. Bhimrao Pawar for plaintiff is present.
Adv. Pradeep Kadam for defendant is present.
Matter adjd to 22.12.2023 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-12-2023

Date: 22-12-2023
Business: Adv. Bhimrao Pawar for plaintiff is present.
Adv. Pradip Kadam for defendant is present.
KB
L.O. at 11.55 a.m
Same appearance for plaintiff and defendant.
PW-1 of is recorded in Suit No. 3153 of 2018
Further cross examination of PW-1 is commenced and partly concluded.
On oral request of Ld. Adv. for defendant matter is adjourned for further cross examination of PW-1.
Matter adjd to 04.01.2024 for further cross examination of PW-1.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-01-2024

Date: 04-01-2024
Business: None present for plaintiff.
None present for defendant.
The connected matter is lying in C.R. No. 1
(Connected matter no. is Suit No. 3153/18)
Matter adjourned for Recording Evidence to 16/01/2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-01-2024

Date: 16-01-2024
Business: This court is newly formed on 02.01.2024.
Matter transferred from CR NO.1
None for plaintiff.
None for defendant.
No evidence by plaintiff.  Hence matter is posted for passing further for want of evidence.
Due to formation of new court and change of assignment matter adjourned.
Matter adjourned for want of evidence / R/E to 01/03/2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-02-2024

Date: 14-02-2024
Business: Not on board by praecipe Exh. 9 taken on board with consent.
Adv. Bhimrao Pawar  for plaintiff is present.
Adv. Kadam for defendant is present.
With consent matter is prepond and taken on todays board.
Common cross examination of DW-1 is commenced and partly concluded and kept in Suit No. 3153/18.
Matter adjd to 21.02.2024 for further cross examination.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-02-2024

Date: 21-02-2024
Business: Plaintiff is present.
Defendant is present.
L.O at 12.35 p.m
Adv. Bhimrao Powar for plaintiff is present.
None present for defendant.
KB
L.O at 1.00 p.m
Adv. Bhimrao Powar for plaintiff is present.
Defendant is present and seek time on the ground that his advocate is busy before Honble High Court.
Time granted with consent as last chance. The matter is time bound hence no further adjournment will be allowed on next date.
Matter adjd to 29.02.2024 for cross examination.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-02-2024

Date: 29-02-2024
Business: Adv. Bhimrao Powar for plaintiff is present.
Adv. Kadam for defendant is present.
Common cross examination of DW-1 is commenced and concluded and kept in Suit No. 3153/18.
Matter adjd to 05.03.2024 for further evidence of defendant.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-03-2024

Date: 05-03-2024
Business: Adv. Bhimrao Pawar for plaintiff present.
Adv. Kadam for defendant present.
Both advocate filed joint pursis and adopted the evidence recorded in Suit No.3153/2011.T.O.R. It is marked as Exh.10.
Matter djd to 13.03.2024 for final argument.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-03-2024

Date: 13-03-2024
Business: Adv. Bhimrao Powar for plaintiff is present.
Adv. Kadam for defendant is present.
Common argument of Adv. Kadam for defendant is concluded.
Matter adjd to 21.03.2024 for argument of plaintiff on the oral request of both advocates.
Next Purpose: ARGUMENTS
Next Hearing Date: 21-03-2024

Date: 21-03-2024
Business: P.O is on leave
Next Purpose: ARGUMENTS
Next Hearing Date: 30-03-2024

Date: 30-03-2024
Business: Adv. Bhimrao Powar for plaintiff is present.
Adv. Pradip Kadam for defendant is present.
Plaintiff and defendant present.
Matter adjd to 02.04.2024 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 02-04-2024

Date: 02-04-2024
Business: Adv. Bhimrao Powar for plaintiff is present.
Adv. Pradeep Kadam a/w Hasnale for defendant is present.
Matter adjd to 05.04.2024 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 05-04-2024

Date: 05-04-2024
Business: Adv. Bhimrao Powar for plaintiff is present.
Adv. Pradeep Kadam for defendant is present.
Partly heard Adv. for plaintiff.
Matter adjd to 08.04.2024 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 08-04-2024

Date: 08-04-2024
Business: Adv. Bhimrao Powar for plaintiff is present.
Adv. Pradip Kadam Hasnale for defendant is present.
Heard both sides.
Matter adjd to 10.04.2024 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 10-04-2024

Date: 10-04-2024
Business: Adv. Hasnale h/f Pradeep Kadam for plaintiff in Suit No.3153/2018 and for defendant in Suit No.993/2023 is present.
Adv. Bhimrao Powar for plaintiff in Suit No.993/2023 and for defendant in Suit No.3153/2018 is present.
Judgment at Exh.105 in Suit No.3153/2018.
F.R.S.R following common order in Suit No.3153/2018 and Suit No.993/2023 is passed
ORDER
1. Suit No.3153 of 2018 stands dismissed with costs and Suit No.993 of 2023 is decreed with cost in the following terms.
(a). The plaintiff in Suit No.3153 of 2018 and defendant in Suit No.993 of 2023 do put the plaintiff in Suit No.993 of 2023 in possession of property i.e. room no.8 situated in B wing of building no.6, Kamgar Nagar, Kurla East, Mumbai within period of one month from today.
(b). That an inquiry be made as to the amount of mesne profit from the institution of the suit until the delivery of possession to the plaintiff.
2. Decree be drawn up accordingly.
3. Copy of this Judgment be kept with Suit No.993 of 2023.
Nature Of Disposal: DECREED
Disposal Date: 10-04-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 101628/2023
Filing Date: 06-02-2023
First Hearing Date: 15th June 2023
Decision Date: 10th April 2024
Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    10 Apr 2024
    Order Details: Other
Pdf Text: 10.04.2024
SU 993/23
CORAM : HIS HONOUR JUDGE SHRI R. R. PATARE
(C.R.NO.1)
Adv. Hasnale h/f Pradeep Kadam for plaintiff in Suit
No.3153/2018 and for defendant in Suit No.993/2023 is
present.
Adv. Bhimrao Powar for plaintiff in Suit No.993/2023 and
for defendant in Suit No.3153/2018 is present.
Judgment at Exh.105 in Suit No.3153/2018.
F.R.S.R following common order in Suit No.3153/2018 and
Suit No.993/2023 is passed
ORDER
1. Suit No.3153 of 2018 stands dismissed with costs and
Suit No.993 of 2023 is decreed with cost in the following
terms.
(a). The plaintiff in Suit No.3153 of 2018 and defendant in
Suit No.993 of 2023 do put the plaintiff in Suit No.993 of
2023 in possession of property i.e. room no.8 situated in B
wing of building no.6, Kamgar Nagar, Kurla East, Mumbai
within period of one month from today.
(b). That an inquiry be made as to the amount of mesne
profit from the institution of the suit until the delivery of
possession to the plaintiff.
2. Decree be drawn up accordingly.
3. Copy of this Judgment be kept with Suit No.993 of 2023.
Judge
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