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SUIT - SHORT CAUSE CIVIL SUIT

Mangesh Chandrakant KanadeVsMumbai Building Repairs And Reconstruction Board +1 more

CNR MHCC0100278820199-COURT 09 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 04th July 2026

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
100667/2019
Registration Date
13 Mar 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    Hindu Marriage Act · Sec 34 · 37

    Case History / Proceedings

    Case History
    Date: 14-03-2019
    Business: By Precipee.
    adjourned to 15.03.2019.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 15-03-2019
    
    Date: 15-03-2019
    Business: Adv. Redekar for plaintiff present and filed draft NM with affidavit in support.  O- Leave to register is granted.
    Adv. Kandekar for defendant present and filed WS and reply to the said NM.
    By consent, heard the draft NM finally instead of hearing for grant of ad-interim relief.
    Advocates for parties have completed their respective arguments at 5.50 pm due to which, it is not possible to pass order today in NM. Matter is adjourned to 20.03.2019 for order in NM with direction that status-quo  about the possession of plaintiff be maintained till final decision of the draft NM.  Plaintiff shall get the draft NM registered.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 20-03-2019
    
    Date: 20-03-2019
    Business: Adv. Redekar for plaintiff present and tendered registered NM 1220/2019 alongwith affidavit in support.
    Adv. Kandekar for defendant nos.1 and 2 present and seeks permisssion to place reliance on one case Law of Hon\''ble Supreme Court in support of the argument advanced by him on previous date.  Since law point is sought to be raised by filing case law of Supreme court, permission is granted with liberty to plaintiffs advocate to make submissions in respect of the applicability of said case law. Advocate for defendant nos.1 and 2 filed one case law with list.
    Heard further arguments of advocates for both the parties.
    Matter is kb for orders.
    LO
    Matter was kept back for order in NM after hearing the further arguments on law points of learned advocate for the parties after filing of one case law by Learned advocate for defendant/MHADA. It is already 5.25 pm. and the court could not take up this matter for passing order as the court was busy in hearing other matters wherein ad-interim prayers were sought. For want of time, the matter is adjourned for passing order in NM to 27.03.2019 with direction that the earlier order shall continue till then.
    Adjourned for order to 27.03.2019.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 27-03-2019
    
    Date: 27-03-2019
    Business: Adv. Redekar for plaintiff present.
    Adv. Vinaya Prabhu h/f Adv. Kandekar for defendant nos.1 and 2 present.
    F.R.S.R following order is passed in NM
    ORDER
    Notice of motion no.1220/2019 is allowed,
    Adjourned to 09.07.2019 for filing draft issues.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 09-07-2019
    
    Date: 09-07-2019
    Business: Adv. Mr. S.S. Redekar for Plff.present.
    None present for Deft.
    As Court is busy in recording evidence in Suit No.8699/1993, hence, board is discharged and matter is adjd. to 16.10.2019 for draft issues.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 16-10-2019
    
    Date: 16-10-2019
    Business: None present  for the Plaintiff.
    Adv. Mr. Vinayak Tare h/f Kandekar for MHADA/deft present.
    Matter is adjd. to 6.03.2020 for draft issues/ issues.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 06-03-2020
    
    Date: 06-03-2020
    Business: None present  for the Plaintiff.
    None present  for the Defendant.
    No draft issues submitted
    Matter is adjd. to 11.06.2020 for framing issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 11-06-2020
    
    Date: 11-06-2020
    Business: Issues framed.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 21-10-2020
    
    Date: 21-10-2020
    Business: Due to lockdown because of Covid-19, board is discharged and as per SOP only urgent matters are taken up.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 03-02-2021
    
    Date: 03-02-2021
    Business: None for plaintiff.
    Adv. Pathak for the defendants No.1 and 2.
    Matter is adjd. to 09/04/2021 for evidence.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 09-04-2021
    
    Date: 09-04-2021
    Business: Due to SOP only urgent matter  are taken up. Hence, the Board is
    discharged.
    Matter is adjd. to 01.07.2021 for recording evidence.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 01-07-2021
    
    Date: 01-07-2021
    Business: Due to COVID-19 pandemic.
    Matter is adjourned.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 20-08-2021
    
    Date: 20-08-2021
    Business: court is on leave
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 22-11-2021
    
    Date: 22-11-2021
    Business: Court is on Leave.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 19-01-2022
    
    Date: 19-01-2022
    Business: Due to SOP only urgent matters are taken up.
    Matter is adjd. to 06.04.2022 for R.E.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 06-04-2022
    
    Date: 06-04-2022
    Business: As Court is busy in hearing argument in SU 1404/17 and recording evidence in SU 2376/09. Hence board discharged.
    Matter is adjd. to 22-06-2022 for R/E.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 22-06-2022
    
    Date: 22-06-2022
    Business: Plaintiff Mangesh Kanade present.
    Adv. Redekar for plaintiff present and seeking time for filing affidavit of evidence. Matter is pending for evidence since 11/06/2022 .-O-Time granted as last chance. Plaintiff is directed to lead evidence on the next date without fail.
    Adv. Pathak h/f Adv. Kandekar for MHADA present.
    Matter is adjd. 26-07-2022 for  R/E.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 26-07-2022
    
    Date: 26-07-2022
    Business: court is on leave
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 12-10-2022
    
    Date: 12-10-2022
    Business: Plaintiff Mangesh Kanade and his Adv. S.S. Redekar present and filed Affidavit in examination in chief marked as Exh.4 alongwith list of documents, marked as Exh.5
    None present for defts.
    Matter is adjd. to 14.12.2022 for service and admission denial.
    Next Purpose: SERVICE
    Next Hearing Date: 14-12-2022
    
    Date: 14-12-2022
    Business: As Court is busy in hearing Argument in 40 years old Suit No. 6910/78 and in Supreme Court Time Bond Matter i.e.1404/17. Hence, Board is discharged.
    Matter is adjourned to 06.02.2023 for Service.
    Next Purpose: SERVICE
    Next Hearing Date: 06-02-2023
    
    Date: 06-02-2023
    Business: Adv. Redekar a/w Plaintiff present.
    Adv. Pathak h/f Adv. Kandekar for MHADA/Deft present.
    Copy of Affidavit of evidence and document served to the defendant/MHADA.
    Matter is adjourned to 05.04.2023 for admission denial.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 05-04-2023
    
    Date: 05-04-2023
    Business: As Court is on leave, hence, board is discharged and matter is adjd. to
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 03-07-2023
    
    Date: 03-07-2023
    Business: Adv. Mr. Redekar for the plaintiff is present.
    Ms. Kandekar for the defendant/MHADA is present and seeks time to file say on admission and denial. Time is granted.
    Adjourned for admission and denial to 09.08.2023.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 09-08-2023
    
    Date: 09-08-2023
    Business: Plaintiff is present.
    Adv. Mr. Redekar for the plaintiff is present.
    Adv. Ms. Pushpa Thapa h/f Adv. Kandekar for defendant No. 1/
    MHADA is present and seeks time to file say on admission and denial. Time is granted.
    Matter is adjourned to 12.10.2023 for admission and denial.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 12-10-2023
    
    Date: 12-10-2023
    Business: The plaintiff is present.
    Adv. Mr. Dhiraj Zhokande h/f Adv. Redekar for the plaintiff is present.
    Adv. Ms. Kandekar for defendant/MHADA is present and endorsed say on list of documents at exhibit 04 overleaf.
    Matter is adjourned to 30.11.2023 for admission and denial.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 30-11-2023
    
    Date: 30-11-2023
    Business: The plaintiff is present.
    Adv. Mr. S.S. Redekar for the plaintiff is present.
    Adv. Ms. Harshida Darji h/f Adv. Kandekar for defendant No. 1/MHADA is present.
    Perused reply filed by defendant on the list of documents at exhibit5. Heard ld. advocates for both the sides on exhibiting of documents. Following documents at list of documents (Exhibit 05) are marked exhibits subject to their proof.
    Letter dtd. 14.08.1986. It is marked at Exh. 06.
    Rent receipts (3 Nos.). It is marked at Exh. 07
    Certified Copy of the Order dtd. 31.10.1990 passed in notice of motion No. 3316/1989. It is marked at Exh. 08.
    Payment receipts. (Total – 11). It is marked at Exh. 09. Colly.
    Electricity Bills (Total 4). It is marked at Exh. 10. Colly.
    Election Identity Card. It is marked at Exh. 11.
    Election Identity Card of plaintiff Father. It is marked at Exh. 12.
    Ration Card. It is marked at Exh. 13.
    Gas Certificate Consumer Copy and payment receipts. It is marked at Exh. 14. Colly.
    Photocopy of the notice dtd. 23.03.2018. It is marked at Exh. 15.
    Reply dtd. 26.03.2018. It is marked at Exh. 16.
    Authenticated copy of the order dtd. 03.04.2018. It is marked at Exh. 17.
    Reply dtd. 25.06.2018. It is marked at Exh. 18.
    Letter dtd. 11.09.2018. It is marked at Exh. 19.
    Photocopy of notice dtd. 16.01.2019. It is marked at Exh. 20.
    Photocopy of letter dtd. 22.01.2019. It is marked at Exh. 21.
    Original of letter dtd. 15.02.2019. It is marked at Exh. 22.
    Matter is adjourned to 15.02.2024 for R/E.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 15-02-2024
    
    Date: 15-02-2024
    Business: Witness is present.
    Adv. Mr. S.S.Redekar for the plaintiff is present.
    Adv. Ms. Harshida Darji h/f Adv. Kandekar for defendant No.1 /MHADA is present.
    Adv. for defendant/MHADA sought adjournment. At the request of defendant.
    Matter is adjourned to 16.04.2024 for R.E.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 16-04-2024
    
    Date: 16-04-2024
    Business: discharged and matter is adjourned to
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 25-07-2024
    
    Date: 25-07-2024
    Business: PW-1 is present.
    Adv. Mr.Redekar for the plaintiff is present.
    Adv. Mr.Kandekar for defendant/MHADA is present.
    Matter is adjourned to 22.08.2024 for R.E.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 22-08-2024
    
    Date: 22-08-2024
    Business: Adv. S. S. Redekar present for plaintiff.
    Advocate Shweta for defendant/MHADA present and sought adjournment.
    Matter is adjourned to 08/10/24 for RE.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 08-10-2024
    
    Date: 08-10-2024
    Business: Adv. Redekar present for plaintiff and sought adjournment as witness is absent.
    None present for defendants.
    Matter is adjourned for RE to 21/11/24.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 21-11-2024
    
    Date: 21-11-2024
    Business: Adv. Redekar present for plaintiff and sought adjournment.
    Adv. Harshita Darji h/f Adv. Kandekar for defendant/MHADA present.
    Matter is adjourned to 28/01/25 for RE.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 28-01-2025
    
    Date: 28-01-2025
    Business: Adv. Redekar present for plaintiff.
    PW 01 present.
    Adv. Kandekar present for defendant no. 1 and 2 and submitted that, today he has no time to take cross-examination of the witness and he sought adjournment for cross examination.
    Adv. for plaintiff has no objection for the same.
    O- Time granted as last chance.
    Matter is adjourned for cross-examination to 21/04/25.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 21-04-2025
    
    Date: 21-04-2025
    Business: As court is on leave. Board is discharged and matter is adjourned.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 16-07-2025
    
    Date: 16-07-2025
    Business: Adv. Redekar present for plaintiff and sought adjournment as witness is not available today. O- Time granted.
    Adv. Kandekar for defendant/MHADA present.
    Matter is adjourned to 13/08/25 for REPH.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 13-08-2025
    
    Date: 13-08-2025
    Business: Adv.Redekar present for plaintiff.
    Adv.Kandekar present for defendant/MHADA.
    Witness present.
    Matter is adjourned to 15.09.2025 for R.E.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 15-09-2025
    
    Date: 15-09-2025
    Business: Adv. S. S. Redekar present for plaintiff.
    Adv. Devyani Pawar h/f Adv. Kandekar present for defendant nos.1 and 2/MHADA and requested for adjournment for cross-examination. O-Time granted.
    PW-1 present.
    Matter is adjourned to 12.11.2025 for Evidence.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 12-11-2025
    
    Date: 12-11-2025
    Business: As the Court is on leave Board is discharged and the matter stands adjourned.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 12-12-2025
    
    Date: 12-12-2025
    Business: Adv. Redekar present for plaintiff.
    None present for defendants.
    Witness present.
    KB LO at 12.18pm
    As defendant and his advocate are absent, Matter is adjourned to 21.01.2026 for Cross-examination.
    Next Purpose: RECORDING EVIDENCE P.H.
    Next Hearing Date: 21-01-2026
    
    Date: 21-01-2026
    Business: Plaintiff a/w his Adv. Redekar present.
    None present for defendants.
    KB LO at 12.37pm
    None for defendants/MHADA as well as advocates present. Plaintiff present. Matter is fixed for cross-examination of plaintiff but no application for adjournment is filed on behalf of defendants. Hence, no cross-examination.
    Plaintiff a/w his Adv. Redekar filed evidence closing pursis. TOR and marked as Exh.__ O-Seen and filed.
    Matter is adjourned to 10.02.2026 for defendants evidence.
    Next Purpose: RECORDING EVIDENCE P.H.
    Next Hearing Date: 10-02-2026
    
    Date: 10-02-2026
    Business: Adv. Redekar present for plaintiff.
    None present for defendants.
    KB LO at 5.31pm
    None present on behalf of defendant/MHADA. No application for adjournment is filed on record. Suit is old. Hence, evidence of MHADA if any, is closed and matter to proceed further for arguments.
    Matter is adjourned to 18.02.2026 for Arguments.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 18-02-2026
    
    Date: 18-02-2026
    Business: Adv. S. S. Redekar present for plaintiff.
    None present for defendants.
    KB LO at 12.45pm
    Advocate for plaintiff filed application for adjournment. TOR and marked as Exh.__. O-Adjournment granted.
    Matter is adjourned to 12.03.2026 for Arguments.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 12-03-2026
    
    Date: 12-03-2026
    Business: Adv. Redekar present for plaintiff.
    None present for defendants.
    KB LO at 11.51am
    Adv. Redekar submitted that he will file written arguments on next date. Hence, Matter is adjourned to 18.03.2026 for written arguments.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 18-03-2026
    
    Date: 18-03-2026
    Business: Plaintiff present.
    None present for defendants.
    KB LO at 1.17pm
    Adv. Redekar present for plaintiff.
    Adv. Kandekar for defendant/MHADA present
    Heard arguments of Advocate for plaintiff.
    Advocate for defendant/MHADA filed application for setting aside no cross order dated 21.01.2026. TOR and marked as Exh.25. O-As matter is fixed for Final Arguments and no NM is filed by defendant, application stands rejected.
    Matter is adjourned to 25.03.2026 for arguments of defendants.
    Next Purpose: ARGUMENT P.H.
    Next Hearing Date: 25-03-2026
    
    Date: 25-03-2026
    Business: As the Court is on leave. Hence, Board is discharged and the matter stands adjourned.
    Next Purpose: ARGUMENT P.H.
    Next Hearing Date: 15-04-2026
    
    Date: 15-04-2026
    Business: As the Court is on leave.  Hence, board is discharged and matter stands adjourned.
    Next Purpose: ARGUMENT P.H.
    Next Hearing Date: 11-06-2026
    
    Date: 11-06-2026
    Business: Adv. Redekar present for plaintiff.
    None present for defendants.
    KB LO at 12.00pm
    Heard further arguments of Advocate for plaintiff.
    KB LO at 4.23pm
    None appeared on behalf of defendant. Hence, keep the matter for argument of defendant on 17.06.2026.
    Matter is adjourned to 19.06.2026 for argument of defendants.
    Next Purpose: ARGUMENT P.H.
    Next Hearing Date: 19-06-2026
    
    Date: 19-06-2026
    Business: Plaintiff present
    Adv.  S. S. Redekar present for plaintiff.
    Adv. Janhvi K h/f Adv. Kandekar present for defendant Nos. 1 and 2/MHADA.
    KB LO at
    Adv. S. S. Redekar for plaintiff present.
    Adv. K. N. Kudaslkar for defendant present and filed application for adjournment. O-Short time granted. Taken on record and marked as Exhibit-____
    Matter is adjourned to 24/06/2026 further argument.
    Next Purpose: ARGUMENT P.H.
    Next Hearing Date: 24-06-2026
    
    Date: 24-06-2026
    Business: None present for plaintiff.
    Adv. Janhavi Kandekar a/w Adv. K. N. Kandekar present for defendant/MHADA.
    kb LO at 1.10pm
    Adv. Redekar present for plaintiff.
    Heard arguments of Adv. K. N. Kandekar for defendant/MHADA and reply arguments of Adv. Redekar for plaintiff.
    Matter is adjourned to 04.07.2026 for Judgment.
    Next Purpose: JUDGMENT
    Next Hearing Date: 04-07-2026
    
    Date: 04-07-2026
    Business: Plaintiff present.
    Adv. Janhavi Kandekar i/b Adv. K. N. Kandekar present for defendant/MHADA.
    Exh.27-Judgment is pronounced in open court.
    F.R.S.R. following Order is passed
    आदेश
    1.एस.सी.दावा क्रमांक 667/2019 फेटाळण्यात येत आहे.
    2.वादी व प्रतिवादींनी दाव्याचा खर्च स्वतःचा स्वतः सोसावा.
    Nature Of Disposal: DISMISSED
    Disposal Date: 04-07-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 103052/2019
    Filing Date: 12-03-2019
    First Hearing Date: 14th March 2019
    Decision Date: 04th July 2026
    Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    04 Jul 2026

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    Read Full Order

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