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SUIT - SHORT CAUSE CIVIL SUIT

Shagun Hospitality Pvt LtdVsGajra Narayan Waghela

CNR MHCC01002029201861-COURT 61 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
PENDING

TrustJury record updated 09 Sept 2026

Case Overview

Registration Number
102570/2019
Registration Date
01 Oct 2019
Next Hearing Date
15 Oct 2026
Case Stage
FILING AFFIDAVIT OF DOCUMENT

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 22-10-2019
    Business: Adv. Mithilesh Chaturvedi for plaintiff present and seeking leave to file to  fresh writ of summons.
    O-Issue fresh writ of summons.
    Matter stands Adj for service of writ of summons to 19.12.2019.
    Next Purpose: SERVICE
    Next Hearing Date: 19-12-2019
    
    Date: 19-12-2019
    Business: Adv. Nilu Mishra for plaintiff present and filed VP
    None present for defendant.
    Court is busy in dictating Judgment in suit 568/04.
    Matter stands Adj for service to 20.02.2020.
    Next Purpose: SERVICE
    Next Hearing Date: 20-02-2020
    
    Date: 20-02-2020
    Business: Adv. Jitendra B. Mishra for plaintiff present and filed original writ of summons.
    None present for defendant.
    Matter stands Adj for filing affidavit of service to 13.04.2020.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 13-04-2020
    
    Date: 13-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 28-04-2020
    
    Date: 28-04-2020
    Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and office order no. 75 of 2020, matter adjourned.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 19-05-2020
    
    Date: 19-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 06-06-2020
    
    Date: 06-06-2020
    Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 83 of 2020 matter adjourned.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 24-06-2020
    
    Date: 24-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 09-09-2020
    
    Date: 09-09-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 03-11-2020
    
    Date: 03-11-2020
    Business: Court is on leave
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 06-01-2021
    
    Date: 06-01-2021
    Business: None present.
    The case is adjourned to 05.02.2021 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 05-02-2021
    
    Date: 05-02-2021
    Business: None present.
    The case is adjourned to 19.03.2021 for order.
    Next Purpose: ORDER
    Next Hearing Date: 19-03-2021
    
    Date: 19-03-2021
    Business: None present.
    KB
    LO at 1.00pm
    None present.
    As Court is busy in hearing arguments in SU 6138/2006 and also in other matters on board the case is adjourned.
    The case is adjourned to 29.04.2021 for order.
    LO at 3.06 pm
    Advocate Ms. Mishra for plaintiff present and submits that defendant is served as per bailiff''s report.
    The case is adjourned to 29.04.2021 for written statement.
    Next Purpose: ORDER
    Next Hearing Date: 29-04-2021
    
    Date: 29-04-2021
    Business: Adjourned due to COVID-19 pandemic.
    Next Purpose: ORDER
    Next Hearing Date: 07-06-2021
    
    Date: 07-06-2021
    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.
    Adjd to 26.07.2021 for Order.
    Next Purpose: ORDER
    Next Hearing Date: 26-07-2021
    
    Date: 26-07-2021
    Business: Court is vacant.
    Next Purpose: ORDER
    Next Hearing Date: 08-09-2021
    
    Date: 08-09-2021
    Business: Matter called out at 11.10 a.m.
    Adv. Jitendra Mishra for plaintiff present.
    None present for defendant.
    On perusal of writ of summons it appears that defendant is duly
    served on 07.02.2020.  But, till date none appeared for defendant.
    Hence, suit to proceed exparte.
    Plaintiff is directed to file affidavit of evidence.
    Matter stands adjourned to 15.12.2021 for exparte evidence.
                                                                                                     Judge
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 15-12-2021
    
    Date: 15-12-2021
    Business: Matter called out at 12.02 p.m.
    Adv. Mehran Farshed for plaintiff present. She is seeking time. Time granted.
    None present for defendant.
    Matter stands adjourned to 25.02.2022 for exparte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 25-02-2022
    
    Date: 25-02-2022
    Business: Matter called out at 11.45 a.m.
    Adv. Adv. Ashutosh Mishra I/b J. B. Mishra for plaintiff present. He is seeking time to file evidence. Time granted.
    Matter stands adjourned to 10.06.2022 for Exparte Evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 10-06-2022
    
    Date: 10-06-2022
    Business: Adv. Mishra for plaintiff present.
    None present for defendant.
    Matter stands adjourned to 11.08.2022 for exparte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 11-08-2022
    
    Date: 11-08-2022
    Business: Adv. Neelu Mishra for plaintiff present. She is seeking time. Time granted.
    None present for defendant.
    Matter stands adjourned to 20.10.2022 for exparte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 20-10-2022
    
    Date: 20-10-2022
    Business: None present.
    Matter stands adjourned to 17.01.2023 for exparte evidence.
    Later on at 11.56 a.m.
    Adv. Farakate h/f Adv. Mishra for plaitniff present.
    Already adjourned to 17.01.2023.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 17-01-2023
    
    Date: 17-01-2023
    Business: Court is on leave.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 08-03-2023
    
    Date: 08-03-2023
    Business: Adv. Nilu Mishra for plaintiff present.
    None present for defendant.
    Matter stands adjourned on 27.04.2023 for Ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 27-04-2023
    
    Date: 27-04-2023
    Business: None present.
    Matter stands adjourned on 10.08.2023 for ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 10-08-2023
    
    Date: 10-08-2023
    Business: Adv Mishra for Plaintiff present and seeks time for adduce evidence.  Time granted.
    None  for defendant present.
    Plaintiff absent.
    Matter stands adjourned on 26-10-2023 for R/E ex-parte
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 26-10-2023
    
    Date: 26-10-2023
    Business: Adv Rupesh Dubey present for Plaintiff.
    Adv Priyanka Bhanushali present for Defendant.
    Exh.5 V/P of defendant. TOR. She also tendered Draft Notice of Motion along with affidavit in support. TOR O- Leave granted to register Notice of Motion. Copy of Draft Notice of Motion handed over to the party for registration. Copy served on other side.
    Matter stands adjourned on 13-12-2023 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 13-12-2023
    
    Date: 13-12-2023
    Business: Adv. Mehrwan K. Farshed present for Plaintiff and submitted affidavit in reply to NM. Copy served on defendant.
    Adv. Priyanka Bhanushali h/f Adv. Ketan Parekh and Co. present for Defendant and seeks time to file register NM.
    Matter stands adjourned on 06.03.2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-03-2024
    
    Date: 06-03-2024
    Business: IN THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO. 61
    Adv. Rupesh Debey for  plaintiff and orally sought time to argue the matter on next date.
    None for defendant.
    Today defendant and his counsel absent. No application if any.   Hence posted for argument by plaintiff without reply by defendant.
    Matter adjourned for  NM argument by the plaintiff to 24-04-2024
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 24-04-2024
    
    Date: 24-04-2024
    Business: Court is on leave
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 10-07-2024
    
    Date: 10-07-2024
    Business: IN THE COURT OF H.H.J. R. D. DESHPANDE JUDGE CITY CIVIL COURT C.R. NO. 61
    Adv. Rupesh Dubey h/f Adv. J.B. Mishra for  plaintiff is present.
    Adv. Priyanka Bhanushali h/f Adv. Ketan Parekh for defendant is present.
    She filed registered notice of motion  3937 of 2023 along with affidavit.
    Matter adjourned for NM hearing to 14.08.2024.
    Next Purpose: HEARING
    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
    Adv. Rupesh Dubey h/f J. B. Mishra for plaintiff is present.
    Adv. Priyanka Bhanushali for defendant is present.
    KB. Lo at 3.49 pm.
    Adv. Nilu Mishra for plaintiff is present.
    Adv. Ketan Parekh for defendant is present.
    Heard arguments of advocates of both the sides on NM No.3937/23.
    F.R.S.R. following order is passed in Notice of Motion No.3937/2023-
    ORDER
        1. The Notice of Motion No.3937 of 2023 is allowed.
        2. An Ex-parte Order passed against the defendant by this Court on 08.09.2021 is hereby set aside, subject to payment of costs of Rs.5,000/- (Rs. Five Thousand Rupees Only) by the defendant to plaintiff, on or before the next date and as a condition precedent.
        3. Advocate of plaintiff to provide copies of plaint and the documents relied upon it to the advocate of defendant within 1 week from today and the defendant shall file her written statement by making payment of costs to the plaintiff, on or before the next date.
        4. Accordingly, Notice of Motion No.3937 of 2023 stands disposed off.
    Matter adjourned for compliance to 05-09-2024.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 05-09-2024
    
    Date: 05-09-2024
    Business: The Court is on leave.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 16-10-2024
    
    Date: 16-10-2024
    Business: IN THE COURT OF H.H.J. R. D. DESHPANDE JUDGE CITY CIVIL COURT C.R. NO. 61
    Adv. Rupesh Dubey h/f Adv. Jitendra Mishra for plaintiff is present.
    Adv. Priyanka Bhanushali h/f Adv. Ketan Parekh for defendant is present.
    Matter adjourned for compliance of order in NM No.3937/23 by defendant to 06-11-2024.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 06-11-2024
    
    Date: 06-11-2024
    Business: IN THE COURT OF H.H.J. R. R. PATARE JUDGE CITY CIVIL COURT C. R. NO. 01.
    Matter pertains to C. R. NO. 61.
    Adv. Rupesh Dubey for plaintiff is present.
    Defendant along with her Adv. Priyanka Bhanushali is present and she filed written statement at (Exh.6). Taken on record. O - Seen and filed.
    The matter is adjourned for filing draft issue to 22-01-2025.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 22-01-2025
    
    Date: 22-01-2025
    Business: IN THE COURT OF H.H.J. R. D. DESHPANDE JUDGE CITY CIVIL COURT C.R. NO. 61
    Adv. Neelu Mishra for plaintiff is present.
    Adv. Priyanka Bhanushali for defendant is present.
    Both the advocates seek time.
    Matter adjourned for filing draft issues by both the parties to 26.03.2025.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 26-03-2025
    
    Date: 26-03-2025
    Business: The Court is on leave.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 11-06-2025
    
    Date: 11-06-2025
    Business: IN THE COURT OF H.H.J. A. C. DAGA JUDGE CITY CIVIL COURT C.R. NO. 61
    Adv. Neelu Mishra for plaintiff is present.
    Adv. Priyanka Bhanushali for defendant is present and filed Draft Issues.
    Matter adjourned for framing Issues to 23.07.2025.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 23-07-2025
    
    Date: 23-07-2025
    Business: Adv. Rupesh Dube for plaintiff is present.
    Adv. Siddhi Shetye for defendant is present.
    K.B.
    Later on at 5.00 p.m.
    Exh-07 - Issues framed.
    Matter adjourned for filing affidavit of evidence and documents to 07.10.2025.
    Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
    Next Hearing Date: 07-10-2025
    
    Date: 07-10-2025
    Business: IN THE COURT OF H.H.J. A. C. DAGA JUDGE CITY CIVIL COURT C.R. NO. 61
    Adv. Neelu Mishra for plaintiff is present and sought time.
    None for defendant.
    Matter adjourned for filing affidavit of evidence and documents to 09.12.2025.
                                                                                     Judge
    Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
    Next Hearing Date: 09-12-2025
    
    Date: 09-12-2025
    Business: IN THE COURT OF H.H.J. A. C. DAGA JUDGE CITY CIVIL COURT C.R. NO. 61
    None present.
    Matter adjourned for filing affidavit of evidence and document to 30/01/2026.
    Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
    Next Hearing Date: 30-01-2026
    
    Date: 30-01-2026
    Business: IN THE COURT OF H.H.J. V. G. RAGHUWANSHI JUDGE CITY CIVIL COURT C.R. NO. 61
    Adv.  Rupesh Dube for plaintiff is present and sought time.
    None for defendant.
    Matter adjourned for filing affidavit of evidence and documents to 22.04.2026.
                                                                                     Judge
    Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
    Next Hearing Date: 23-02-2026
    
    Date: 23-02-2026
    Business: IN THE COURT OF H.H.J. V. G. RAGHUWANSHI JUDGE CITY CIVIL COURT C.R. NO. 61
    NOB TOB.
    There appears to be element of settlement hence matter referred for Lok-Adalat.
    Issue notice to both side.
    Matter adjourned for Lok-Adalat to 14.03.2026.
                                                                                     Judge
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 14-03-2026
    
    Date: 14-03-2026
    Business: NATIONAL LOK-ADALAT HELD ON 14.03.2026 (Panel-IX)               Matter pertains to C.R. No. 61
    Adv. Runesh Dubey for plaintiff is present.
    None for defendant.
    Matter is not settled.
    Matter adjd for filling affidavit of evidence to 22.04.2026.
           Adv. B. Sharada                                     HHJ. SHRI. S. M. PATIL
            Panel Member                                              Panel Head
    Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
    Next Hearing Date: 22-04-2026
    
    Date: 22-04-2026
    Business: IN THE COURT OF H.H.J. SHRI. R. V. BHAKTA JUDGE CITY CIVIL COURT C.R. NO. 61
    Adv. Rupesh Dube for plaintiff is present and seeks time. O- Granted.
    Adv. Kavish Pandya for defendant is present.
    Matter adjourned for filing affidavit of evidence and documents to 17.08.2026.
                                                                                     Judge
    Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
    Next Hearing Date: 17-08-2026
    
    Date: 17-08-2026
    Business: IN THE COURT OF H.H.J. SHRI. R. V. BHAKTA JUDGE CITY CIVIL COURT C.R. NO. 61
    Adv. Nilu Mishra for plaintiff is present and seeks time.
    Adv. Kavish P. i/b K. R. Palekha and Co. for defendant.
    Matter adjourned for filing affidavit of evidence and documents to 15.10.2026.
                                                                                     Judge
    Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
    Next Hearing Date: 15-10-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 102174/2018
    Filing Date: 07-02-2018
    First Hearing Date: 22nd October 2019
    Court Number And Judge: 61-COURT 61 ADDL  SESSIONS JUDGE

    Orders

    2
    Interim Order 1
    23 Jul 2025
    Order Details: Other
    Pdf Text: S. C. Suit No.2570/2019 Issues Exh.7
    IN THE CITY CIVIL COURT FOR GREATER MUMBAI
    SHORT CAUSE SUIT NO. 2570 OF 2019
    Shagun Hospitality Pvt. Ltd. … Plaintiff/s
    V/s.
    Gajra Narayan Waghela … Defendant
    ISSUES
    1. Whether Plaintiffs proves themselves to be owner of the Suit
    premise ?
    2. Whether Plaintiffs proves that Defendant has illegally encroached
    over the Suit premise i.e. common passage below the staircase on
    the ground floor of the Building 201, Anand Bhavan, T. H. Kataria
    Marg, Mahim (W), Mumbai - 400016 ?
    3. Whether Suit as framed and filed is maintainable ?
    4. Whether this Court has jurisdiction to try and decide instant
    Suit ?
    5. Whether Suit is barred by limitation ?
    6. Whether Plaintiff is entitled for relief as prayed ?
    7. What Order, Decree and Costs?
    S/d
    (A. C. Daga)
    Date : 23.07.2025 Judge,
    City Civil Court, Gr. Mumbai.
    Court Room No.61.
    -- 1 of 1 --
    Order 1
    23 Jul 2025
    Order Details: Other
    Pdf Text: S. C. Suit No.2570/2019 Issues Exh.7
    IN THE CITY CIVIL COURT FOR GREATER MUMBAI
    SHORT CAUSE SUIT NO. 2570 OF 2019
    Shagun Hospitality Pvt. Ltd. … Plaintiff/s
    V/s.
    Gajra Narayan Waghela … Defendant
    ISSUES
    1. Whether Plaintiffs proves themselves to be owner of the Suit
    premise ?
    2. Whether Plaintiffs proves that Defendant has illegally encroached
    over the Suit premise i.e. common passage below the staircase on
    the ground floor of the Building 201, Anand Bhavan, T. H. Kataria
    Marg, Mahim (W), Mumbai - 400016 ?
    3. Whether Suit as framed and filed is maintainable ?
    4. Whether this Court has jurisdiction to try and decide instant
    Suit ?
    5. Whether Suit is barred by limitation ?
    6. Whether Plaintiff is entitled for relief as prayed ?
    7. What Order, Decree and Costs?
    S/d
    (A. C. Daga)
    Date : 23.07.2025 Judge,
    City Civil Court, Gr. Mumbai.
    Court Room No.61.
    -- 1 of 1 --

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