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SUIT - SHORT CAUSE CIVIL SUIT

Balu Maruti BhosaleVsBhiva Maruti Bhosale +3 more

CNR MHCC01002028202062-COURT 62 AD-HOC ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DECREED
Decision Date: 04th February 2023

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100523/2020
Registration Date
18 Feb 2020

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    5

    Acts & Sections

    1

    Case History / Proceedings

    Case History
    Date: 11-03-2020
    Business: Advocate Mr. Redekar for Plaintiff present and filed draft Notice of Motion with affidavit in support of Notice of Motion.  Leave to register Notice of Motion is granted.  Copy of Notice of Motion be served upon other side.
    Advocate Mr. Jaiswal for Defendants present and submitted that he will seek instructions from Defendants in respect of his filing vakalatnama on behalf of Defendants.
    Plaintiffs advocate submitted that copy of plaint, documents and draft NM along with affidavit is served upon advocate Mr. Jaiswal as he is appearing on behalf of Defendants in this suit in another suit stamp no.2319/20.  Advocate Mr. Jaiswal submitted that copies of plaint, documents, draft Notice of Motion with affidavit are served upon him.
    Case is adjourned to 24/03/2020 for NM reply and vakalatnama by Defendants.
    Next Purpose: REPLY
    Next Hearing Date: 24-03-2020
    
    Date: 24-03-2020
    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: National Lock down
    Next Purpose: REPLY
    Next Hearing Date: 28-05-2020
    
    Date: 28-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPLY
    Next Hearing Date: 15-06-2020
    
    Date: 15-06-2020
    Business: Due to lockdown case is adjd. to 10.08.2020
    Next Purpose: REPLY
    Next Hearing Date: 10-08-2020
    
    Date: 10-08-2020
    Business: Adjourned due to Covid-19.
    Next Purpose: REPLY
    Next Hearing Date: 22-09-2020
    
    Date: 22-09-2020
    Business: None present for Plaintiff.
    None present for Defendant.
    Due to Covid-19 it seems that parties not turn to court adjd. to 15-12-2020.
    Next Purpose: REPLY
    Next Hearing Date: 15-12-2020
    
    Date: 15-12-2020
    Business: Court is on leave.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 02-03-2021
    
    Date: 02-03-2021
    
    Date: 30-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 29-07-2021
    
    Date: 29-07-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 12-10-2021
    
    Date: 12-10-2021
    Business: Adv Mr. Redekar present for plff. and seeks time to register and tender  NM in Court. O- Time extended till next date.
    None present for deft.
    Matter is adjd. for NM reply to 15.11.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 15-11-2021
    
    Date: 15-11-2021
    Business: Adv Mr. Redekar present for plff. and tendered registered NM No.2829/2021 along with affidavit in support. He submitted that copy of said NM is already served on the deft on 11.03.2.020.
    None present for deft.
    Matter is adjd. for NM reply to 30.11.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 30-11-2021
    
    Date: 30-11-2021
    Business: Adv Mr. Redekar present for plff.
    Plaint at Exh.1.
    Vakalatnama of Adv for the plff at Exh.2.
    Memorandum of address of the plff at Exh.3.
    List of documents at Exh.4.
    None present for deft.
    Defts failed to file reply hence, N.M.No.2829/2021 to proceed without reply of defts.
    Adv. for plff endorsed on N.M.no.2829/2021 that plff is not pressing said NM with liberty to take out fresh N.M.for the same relief if required in future. O- With liberty as claimed, N.M.No.2829/2021 is disposed off being not pressed.
    Roznama dt. 11.03.2020 shows that advocate had appeared on behalf of the defts and had submitted that copies of plaint, documents, draft N.M. and affidavit are served on him.
    Adv. for plff has produced on record copy of letter deft.09.03.2020 along with endorsement of the adv for the defts about service of those copies on him for the defts.
    Defts failed to file WS hence, suit to proceed without WS against the defts.
    Matter is adjd. for evidence without WS to 28.01.2022.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 28-01-2022
    
    Date: 28-01-2022
    Business: Due to Covid 19
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 06-04-2022
    
    Date: 28-01-2022
    Business: Due to Covid 19
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 06-04-2022
    
    Date: 06-04-2022
    Business: Adv Mr. Redekar present for plff. and brought to the notice that NM No.2829/2021 though is appearing on the board, it is already disposed off on previous date being not pressed with liberty to file fresh NM if required. Since the NM is already disposed off, it be marked as such in the CIS in todays date.
    None present for deft.
    Adv for plff seeks time to file affidavit of evidence.
    Matter is adjd. for filing affidavit of evidence to 06.06.2022.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 06-06-2022
    
    Date: 06-06-2022
    Business: Court is on leave.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 08-07-2022
    
    Date: 08-07-2022
    Business: Adv.Redekar for plaintiff present.
    None present.
    Adv. of plaintiff orally requested time for filing evidence. Time granted.
    Matter adjd to 23.08.2022 for R/E.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 23-08-2022
    
    Date: 23-08-2022
    Business: Adv.S.S.Redekar for plaintiff present.
    None present for plaintiff.
    KB for evidence.
    LO at 01.30 pm
    Adv.S.S.Redekar for plaintiff present. He filed affidavit of evidence of Mr.Balu Maruti Bhosale (PW-1) t.o.r. and marked as Exh.6. It is read and recorded.
    Adv. of plaintiff filed compilation of document t.o.r. and marked as Exh.7.
    Matter adjd to 11.10.2022 for marking of documents.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 11-10-2022
    
    Date: 11-10-2022
    Business: None present for both sides.
    KB
    LO at 11.45 am
    None present for both sides.
    KB
    LO at 12.00 noon
    Adv.S.S. Redekar for plaintiff present.
    Heard Adv.of plaintiff on admissibility of documents.
    ORDER REGARDING EXHIBITION OF DOCUMENTS
    1. The document at Sr.No.1 (page No.1) is share certificate. It came from proper custody. Read the contents of paragraph No.3 of affidavit. It is admitted and marked as Exh.8.
    2. The document at Sr.No.2 (page No.2 to 6) are maintenance receipts. They came from proper custody. Read the contents of paragraph No.4 of affidavit. They are admitted and marked as Exh.9 (colly.)
    3. The document at Sr.No.3 (page No.7-9) are electricity bills. They came from proper custody. Read the contents of paragraph No.5 of affidavit. They are admitted and marked as Exh.10 (colly.).
    4. The document at Sr.No.4 (page No.10) is Aadhar Card of Nitin Balu Bhosale. It came from proper custody. Read the contents of paragraph No.6 of affidavit. It is admitted and marked as Exh.11.
    5. The document at Sr.No.5 (page No.11-14) are bills issued by Mahanagar Gas Ltd. They came from proper custody. Read the contents of paragraph No.7 of affidavit. They are admitted and marked as Exh.12 (colly.).
    6. The document at Sr.No.6 (page No.15-16) are communication from LIC. They came from proper custody. Read the contents of paragraph No.8 of affidavit. It is admitted and marked as Exh.13 (colly.).
    7.The document at Sr.No.7 (page No.7) is birth certificate of Avni. It came from proper custody. Read the contents of paragraph No.9 of affidavit. It is admitted and marked as Exh.14.
    8. The document at Sr.No.8 (page No.18) is election identity card. It came from proper custody. Read the contents of paragraph No.10 of affidavit. It is admitted and marked as Exh.15.
    9. The document at Sr.No.9 (page No.19-29) is certified copy of roznama of SU St.No.2319/20. Read the contents of paragraph No.11 of affidavit. Being certified copy it is admitted and marked as Exh.16.
    None present for defendant, hence, no cross.
    Evidence closing pursis filed by Adv.of plaintiff t.o.r. and marked as Exh.17.
    Matter adjd to 02.12.2022 for argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 02-12-2022
    
    Date: 02-12-2022
    Business: Adv.S.S. Redekar for plaintiff present.
    None present for deft.
    KB
    LO at 12.40 am
    Adv.S.S. Redekar for plaintiff present.
    Heard final argument of Adv.of plaintiff.
    Matter adj. to 22.12.2022 for citation.
    Next Purpose: CIATATION
    Next Hearing Date: 22-12-2022
    
    Date: 22-12-2022
    Business: Adv.S.S. Redekar for plaintiff present.
    None present for defendant.
    Heard the plaintiff\''s argument on citation.
    Matter adjd to 21.01.2023 for further argument if any/judgment.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 21-01-2023
    
    Date: 21-01-2023
    Business: Plaintiff present. His Adv.absent.
    None present for defendants.
    KB
    LO at 12.15 pm
    Adv.Redekar for plaintiff present.
    KB
    LO at 05.25 pm
    (As Court is busy in hearing in urgent ad-interim relief and orders in special drive matters, hence, adjourned.)
    Matter adj. to 04.02.2023 for citation/ex-parte judgment.
    Next Purpose: CIATATION
    Next Hearing Date: 04-02-2023
    
    Date: 04-02-2023
    Business: Adv.S.S.Redekar for plaintiff present.
    None present for defendant.
    Heard the plaintiff.
    KB for judgment.
    LO at 03.00 pm
    None present for both sides.
    KB for judgment.
    LO at 05.10 pm
    None present for both sides.
    Judgment dictated and pronounced in open Court.
    F.R.S.R. the following order is passed.
    ORDER
    1.Suit is decreed with costs.
    2.The defendants by themselves or any other person claiming through them are restrained by order of perpetual injunction from disturbing the plaintiff''s use, occupation and possession of the suit premises and from entering into the suit premises.
    3.Decree be drawn up accordingly.
    Nature Of Disposal: DECREED
    Disposal Date: 04-02-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 102155/2020
    Filing Date: 15-02-2020
    First Hearing Date: 11th March 2020
    Decision Date: 04th February 2023
    Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    04 Feb 2023

    Order Details: Copy of Judgment Pdf Text: 1 SU No.5232020 MHCC010020282020 Presented on : 15.02.2020 Registered on : 18.02.2020 Decided on : 04.02.2023 Duration : Y2, M11,D18 IN THE CITY CIVIL COURT FOR GR. BOMBAY AT MUMBAI SUIT NO.523 OF 2020 Mr.Balu Maruti Bhosale ] Age about 65 years, Occ.Retired, ] Residing at Room No.118, BWing ] 1st Floor, Building No.1, Prabhadevi SRA ] CHS Ltd., Kashinath Dhuru Wadi, ] Rajabhau Desai Road, Prabhadevi, ] Mumbai 400 25. ]......Plaintiff V/s…

    Read Full Order

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