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SUIT - SHORT CAUSE CIVIL SUIT

M. Motilal MasalawalaVsArwinder Singh +3 more

CNR MHCC0100231320233-COURT 03 ADDL SESSIONS JUDGE
Fort, City Civil Court
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 17th August 2026

TrustJury record updated 13 Oct 2026

Case Overview

Registration Number
100589/2023
Registration Date
01 Mar 2023

Advocates

1

For Respondent

    Not available

    Parties

    5

    Acts & Sections

    2
    Indian Easements Act · Sec 32 · 33 · 34 · 35
    Specific Relief Act · Sec 34 · 37 · 38

    Case History / Proceedings

    Case History
    Date: 06-03-2023
    Business: By precipe.
    Adv. P. D. Ghandhi for plaintiff present. He tendered affidavit of service. TOR. Exh-05. He also tendered draft NM a/w affidavit in support.
    O-Leave granted to register draft NM.
    Adv.  Khan Javed Akhtar for defendant present.
    Heard the advocate of plaintiff and defendant No.4. the advocate of defendant No.4 seeking time to file reply to the motion and submitted that he has nothing to do with the property of plaintiff and his enjoyment to the police property. The statement of advocate is take on record. Hence, considering the rival submissions, time granted to file reply.
    Asper the service report deft 1 to 3 have refused to accept service of pleading. Hence, Reissue through bailiff/RPAD.
    Matter stands adjourned on 27.03.2023 for NM reply.
    Next Purpose: REPLY
    Next Hearing Date: 27-03-2023
    
    Date: 27-03-2023
    Business: Adv. P. D. Ghandhi for plaintiff present. He tendered Bailiff report. TOR. Exh-6
    Adv. Khan Javed Akhtar for defendant.
    As per the bailiff report, the defendant No.1 has refused to accept the summons and did not allow to paste the summons on the door of address hence, proceed ex-parte against defendant No.1
    Matter stands adjourned on 14.06.2023 for NM reply.
    Next Purpose: REPLY
    Next Hearing Date: 14-06-2023
    
    Date: 14-06-2023
    Business: Adv Abhishekh Manmathan for Plaintiff present.
    Adv Amar Singh Chauhan h/f Adv Javed Khan for defendant no. 4  present.
    Matter stands adjourned on 24-08-2023 for affidavit of service
    to defendant no. 2 and 3.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 24-08-2023
    
    Date: 24-08-2023
    Business: CORAM :- H.H.J. SHRI. V.D. KEDAR  (CR. 01)
    Matter pertains to C.R. No.3
    Adv Abhishek Manmathan I/b Adv. S.K.Srivastav & Co. for Plaintiff present.
    None for defendant.
    Advocate for plaintiff tendered draft notice of motion @ affidavit of service. O- Leave is granted to register draft notice of motion.
    Matter stands adjourned on 17-10-2023 for NM reply.
    Next Purpose: REPLY
    Next Hearing Date: 17-10-2023
    
    Date: 17-10-2023
    Business: Adv Abhishek M. i/b S.S. Srivastav and Co. present for Plaintiff and filed registered NM No. 3413/2023. TOR.
    None present for Defendant.
    Order on NM 3413/2023 :
    Heard advocate for Plaintiff. Defendant nos. 2 and 3 could not be served either by private service or through bailiff. Even the summons issued through RPAD returned for want of address. As per the Plaintiff it is last know address of defendant nos. 2 and 3, hence NM is allowed in terms clause (a) for substitute service. NM No. 3413/2023 is disposed of.
    Matter stands adjourned on 18-01-2024 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 18-01-2024
    
    Date: 18-01-2024
    Business: Advocate Abhishekh h/f Srivastav and Co. for Plaintiff present.
    Advocate Khan Javed for defendant no.4 present.
    Exhibit 7 Affidavit of service filed by plaintiff. Taken On Record.
    Exhibit 8 Joint affidavit of service filed by plaintiff. Taken On Record.
    Matter stands adjourned on 11-03-2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-03-2024
    
    Date: 11-03-2024
    Business: Adv. Malikarjun  for Plaintiff present.
    None for defendant present.
    The plaintiff is directed to serve the copy of NM on the defendant.
    NM No. 1071 of 2023 already filed. Taken on record.
    Matter stands adjourned on 06-05-2024 for NM service.
    Next Purpose: SERVICE
    Next Hearing Date: 06-05-2024
    
    Date: 06-05-2024
    Business: Adv. Gayatri Sharma for Plaintiff present.
    None for defendant present.
    Defendants are directed to file reply to NM on next date, without fail.
    Matter stands adjourned on 05-07-2024 for NM reply.
    Next Purpose: REPLY
    Next Hearing Date: 05-07-2024
    
    Date: 05-07-2024
    Business: None for Plaintiff present.
    None for defendant present.
    Matter stands adjourned on 03.09.2024 for NM reply.
    Next Purpose: REPLY
    Next Hearing Date: 03-09-2024
    
    Date: 03-09-2024
    Business: Adv. Meghna V i/b Adv. S. K. Srivastav for Plaintiff present.
    Adv. Amar Chauhan  for defendant no. 4 present.
    Matter stands adjourned on 14-11-2024 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 14-11-2024
    
    Date: 14-11-2024
    Business: Adv. Meghna Vijan along with Representative of Plaintiff present.
    None for defendant present.
    Matter stands adjourned on 29-01-2025 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 29-01-2025
    
    Date: 29-01-2025
    Business: CORAM - H.H.J. SMT. A. B. SHARMA (CR. 03)
    None for Plaintiff present.
    Advocate Gladson Mathew on behalf of Advocate Javed Akhtar for defendant No. 4 present.
    Matter stands adjourned on 08-04-2025 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 08-04-2025
    
    Date: 08-04-2025
    Business: CORAM - H.H.J. SMT. A. B. SHARMA (CR. 03)
    Representative of plaintiff along with Advocate Meghna Richards present.
    Advocate Vrishabh Dubey for defendant No.4 present.
    Defendants are directed to file reply on Notice of Motion No.1071/2023 till next date without fail. O-As last chance.
    Matter stands adjourned on 14-07-2025 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 14-07-2025
    
    Date: 14-07-2025
    Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
    Adv. Gayatri Sharma i/b S. K. Srivastav & Co. for Plaintiff present.
    Adv. Akash Sonawale h/f Adv. Yadav for defendant no. 4 present.
    Court is busy in other matters.
    Matter stands adjourned to 18.11.2025 for rejoinder.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 18-11-2025
    
    Date: 18-11-2025
    Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
    Advocate  Karan G. Fafat i/b Jani and Parikh for Plaintiff present and filed Vakalatnama at Exh.9. He also filed draft Chamber Summons.  O - Leave is granted.
    None for defendant present.
    Matter stands adjourned for affidavit of service to 08-04-2026.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 08-04-2026
    
    Date: 08-04-2026
    Business: CORAM - H.H.J. SHRI. S. M. BUKKE (CR. 03)
    Advocate Karan G. Fafat i/b Jani and Parikh for Plaintiff present and seeking time to file registered CS.
    None for defendant present. The defendant has not filed reply. The  NM is of 2023. After three years it is for the same stage of reply. Today defendant and their advocate is absent. No reply filed. NM 1071/2023 proceed without reply. Matter stands adjourned for affidavit of service to 20-06-2026.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 20-06-2026
    
    Date: 20-06-2026
    Business: CORAM - H.H.J. SHRI. S. M. BUKKE (CR. 03)
    Advocate Karan Fafat for Plaintiff present and seeking time to withdraw draft CS filed on 18.11.2025. The draft CS dtd 18.11.2025 disposed of as withdrawn with liberty to file a fresh.
    Advocate Akash Sonavane  for defendant No. 4 present.
    Matter stands adjourned for affidavit of service to 14-08-2026.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 14-08-2026
    
    Date: 14-08-2026
    Business: CORAM - H.H.J. SHRI. S. M. BUKKE (CR. 03)
    Advocate Karan Fafat for Plaintiff present and submitted that the plaintiff seeking time to withdraw the suit and tendered authority letter. Marked as Exh.10. Thereby authorizing advocate to withdrawing the suit. The Ld. Advocate for plaintiff submitted that the plaintiff wants to withdraw the suit because the suit premises has been demolished pursuant to BMC letter dtd. 13.02.2026.
    Representative of defendant No.4 is present.
    Matter stands adjourned for filing withdrawal pursis to CORAM - H.H.J. SHRI. S. M. BUKKE (CR. 03)
    Advocate Karan Fafat for Plaintiff present and submitted that the plaintiff seeking time to withdraw the suit and tendered authority letter. Marked as Exh.10. Thereby authorizing advocate to withdrawing the suit. The Ld. Advocate for plaintiff submitted that the plaintiff wants to withdraw the suit because the suit premises has been demolished pursuant to BMC letter dtd. 13.02.2026.
    Representative of defendant No.4 is present.
    Matter stands adjourned for filing withdrawal pursis to 17-08-2026.
    Next Purpose: WITHDRAWAL
    Next Hearing Date: 17-08-2026
    
    Date: 17-08-2026
    Business: CORAM - H.H.J. SHRI. S. M. BUKKE (CR. 03)
    Advocate  Karan Fafat for Plaintiff present and filed application for withdrawal of suit. Marked as Exh.11.
    None for defendant present.
    ORDER
    1. In view withdrawal pursis Exhibit-11, Suit no.589/2023 is disposed of as withdrawn. 2. Court Fees be refunded as per rule. 3. No order as to costs. 4. Notice of Motion, Chamber Summons, if any, disposed of as infructuous.
    Nature Of Disposal: WITHDRAWL
    Disposal Date: 17-08-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 102673/2023
    Filing Date: 01-03-2023
    First Hearing Date: 06th March 2023
    Decision Date: 17th August 2026
    Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    17 Aug 2026

    Order Details: Other Pdf Text: S.C. SU 589-2023 1 MHCC010023132023 Presented on : 01-03-2023 Registered on : 01-03-2023 Decided on : 17-08-2026 Duration : 3y 5m 16d IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY S.C. SUIT NO. 589 of 2023 CNR No. MHCC010023132023 M/s. M. Motilal Masalawala .. Plaintiff Vs. Arwinder Singh & 3 Ors. .. Defendants Appearances :- Ld. Adv. Karan Fafat for plaintiff. None for defendants. CORAM: HIS HONOUR JUDGE S.M. BUKKE COURT ROOM NO.03 DATE:…

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