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SUIT - SHORT CAUSE CIVIL SUIT

Sudha Balkishna Sutar through legal Heirs a) G itesh Balkrishna Sutar +13 moreVsPramila S. Patil deceased through legal Heairs A) Vidhya S. Patil B)Chhya S. Patil C) Vinod S.Patil +17 more

CNR MHCC01002851202065-COURT 65 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
PENDING

TrustJury record updated 28 Sept 2026

Case Overview

Registration Number
101063/2020
Registration Date
13 Mar 2020
Next Hearing Date
22 Oct 2026
Case Stage
COMPLIANCE

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    32

    Acts & Sections

    1

    Case History / Proceedings

    Case History
    Date: 03-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: DIRECTIONS
    Next Hearing Date: 17-04-2020
    
    Date: 17-04-2020
    Business: National Lock down
    Next Purpose: DIRECTIONS
    Next Hearing Date: 28-05-2020
    
    Date: 28-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: DIRECTIONS
    Next Hearing Date: 15-06-2020
    
    Date: 15-06-2020
    Business: Due to lockdown case is adjd. to 10.08.2020
    Next Purpose: DIRECTIONS
    Next Hearing Date: 10-08-2020
    
    Date: 10-08-2020
    Business: Adjourned due to covid-19.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 15-09-2020
    
    Date: 15-09-2020
    Business: Adjourned due to Covid-19.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 26-10-2020
    
    Date: 26-10-2020
    Business: None present for Plaintiffs.
    None present for Defendants.
    Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 28/01/2021 for Directions.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 28-01-2021
    
    Date: 28-01-2021
    Business: Adv Mr. Ganesh Kale for plffs present.
    Issue writ of summons to the defendants.
    Matter is adjourned for appearance to 26.04.2021.
    Next Purpose: FOR APPERANCE
    Next Hearing Date: 26-04-2021
    
    Date: 26-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR APPERANCE
    Next Hearing Date: 29-07-2021
    
    Date: 29-07-2021
    Business: Advocate Ganesh Kale for plaintiff present and submitted that defendants are served with Writ of Summons through Bailiff.
    None present for defendants.
    Matter is adjd. for awaiting report to 06.10.2021.
    Next Purpose: REPORT
    Next Hearing Date: 06-10-2021
    
    Date: 06-10-2021
    Business: Adv Mr. Ganesh Kale 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
    Adv. for plff seeks time to file original writ of summons along with bailiff report.
    Matter is adjd. for report to 09.11.2021.
    Next Purpose: REPORT
    Next Hearing Date: 09-11-2021
    
    Date: 09-11-2021
    Business: Adv Mr.  Ganesh Kale present for plff. and seeks extended time to file original writ of summons with bailiff report.
    None present for deft.
    Matter is adjd. for filing bailiff report to 23.12.2021.
    Next Purpose: REPORT
    Next Hearing Date: 23-12-2021
    
    Date: 23-12-2021
    Business: Court is on leave.
    Next Purpose: REPORT
    Next Hearing Date: 12-01-2022
    
    Date: 12-01-2022
    Business: Adv. Ganesh Kale present for plaintiff and filed affidavit of service of writ of summons alongwith bailiff report.
    None present for defts.
    Considering the present pandemic condition and SOP issued by Hon’ble High Court, matter is adjd. for Order to 8/4/2022.
    Next Purpose: ORDER
    Next Hearing Date: 08-04-2022
    
    Date: 08-04-2022
    Business: Adv Mr. Ganesh Kale present for plff.
    None present for defts.
    Affidavit of service of writ of summons alongwith bailiff report filed on previous date by the adv for plff be marked as Exh.5 in today’s date.
    Bailiff report shows that defendant Nos.2 to 18 are served with writ of summons on 31.03.2021. Bailiff report further shows that defendant No.1a, 1b and 1c are also served with writ of summons on the same date. Despite service as mentioned above, defendants failed to appear hence, suit to proceed ex-parte against the defendants.
    Matter is adjd. for Ex-parte evidence to 27.06.2022.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 27-06-2022
    
    Date: 27-06-2022
    Business: Adv.Ganesh Kale for plaintiff present.
    None for defendant.
    Plaintiff requested for adjournment. Adjd for ex-parte evidence.
    Matter adjd to 17.08.2022 for ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 17-08-2022
    
    Date: 17-08-2022
    Business: Adv.Ganesh Kale for plaintiff present. He orally requested time for filing evidence.
    Matter adjd to 07.11.2022 for R/E.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 07-11-2022
    
    Date: 07-11-2022
    Business: Court is on Leave.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 10-01-2023
    
    Date: 10-01-2023
    Business: Adv.Ganesh Kale h/f.adv.Bhupesh Sawant for plaintiff present.
    None present for defendant.
    On oral request of plaintiff matter adjd to 28.03.2023 for filing evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 28-03-2023
    
    Date: 28-03-2023
    Business: None present.
    No evidence is adduced.
    Matter adjd to 04.07.2023  for dismissal order.
    Next Purpose: DISMISSAL
    Next Hearing Date: 04-07-2023
    
    Date: 04-07-2023
    Business: Adv. Ganesh Kale a/w CA of plaintiffs present and filed no evidence order dtd. 28-03-2023 and to permit the plaintiffs to adduce the evidence by way of affidavit of examination chief of plaintiff no. 14 as PW - 1 t.o.r. marked as Exh.  6 - allowed.
    Read the application perused the record. It appears that the defendants are set ex parte in the suit and the matter was posted for ex parte evidence of the plaintiffs since 27-06-2022. The plaintiffs having not adduce the evidence, this court passed an order on 28-03-2023, therein recording that none present no evidence is adduced and the suit posted for dismissal order. Today the plaintiffs are ready with an affidavit of examination in chief of plaintiff no. 14 Smt. Madhumati Madhav Mayekar and the document in support there with. The suit is seen filed in the year 2020 for rectification of deed of conveyance dtd. 18-07-1992. Thus considering the facts and circumstances emerging from the record I find that it would be just and apporpriate if no evidence order is set aside and the plaintiffs are permitted to adduce evidence in support of there claim. Hence, the application Exh. 6 stands allowed. The order dtd. 28-03-2023 of no evidence of plaintiff is set aside and the plaintiffs are permitted to adduce evidence as sought for . The plaintiffs filed on record affidavit of examination chief of PW - 1 Smt. Madhumati Madhav Mayekar t.o.r. marked as Exh.7 the verification of PW - 1 is recorded.
    None for defendant
    Matter is adjd.to 18-08-2023 for hrg on admissibility of documents.
    Next Purpose: HEARING
    Next Hearing Date: 18-08-2023
    
    Date: 18-08-2023
    Business: Adv. Ganesh Kale a/w plaintiff present.
    None for defendant
     Order as regards to admissibility of documents in evidence
     From the perusal of list of document Exh. 8 it appears that the document at serial no. 1 is in the nature of information about the relationship of the original tenants with the plaintiffs and defendants and hence, the same cannot be set to be independent document to be admitted in evidence the other documents enlisted at serial no. 2 to 13 being either certified copy obtained from the public office/record, office copy of the legal notice or original postal receipts, postal package returned unserved, power of attorney  in respect of which the PW - 1 Shrimati Madhumati Madhav Mayekar  in her affidavit of examination in chief made reference, those documents need to be admitted in evidence and according marked exhibits. The said documents are serial no. 2 to 13 are marked as Exh.8 to 19 respectively.
    Matter is adjd.to 14-09-2023 for further evidence on plaintiff side.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 14-09-2023
    
    Date: 14-09-2023
    Business: Adv. Ganesh Kale a/w plaintiff no. 14 present.
    None for defendant.
    The plaintiff filed pursis t.o.r. marked as Exh.21 and therebyt closed plaintiff evidence. The suit being proceeded ex parte against the defendants, matter be posted for final argument.
    Matter is adjd.to 11-10-2023 for final argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 11-10-2023
    
    Date: 11-10-2023
    Business: Adv. Ganesh Kale for plaintiff present.
    None for defendant
    The Ld. Counsel for  plaintiff would seek time for filing written notes of argument.
    Matter is adjd.to 25-10-2023 for Hrg.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 25-10-2023
    
    Date: 25-10-2023
    Business: Adv. Ganesh Kale for plaintiff present and filed written notes of argument t.o.r. marked as Exh.22
    None for defendant.
    Matter is adjd.to 01-11-2023 for Ex parte judgment.
    Next Purpose: EX-PARTE JUDGEMENT
    Next Hearing Date: 01-11-2023
    
    Date: 01-11-2023
    Business: Adv. Ganesh Kale for plaintiff present.
    None for defendant
    During perusal of the record it is seen that though the plaintiffs have issues pre suit notices to five legal heirs of deceased defendant no. 1 namely Smt. Pramila Shankar Patil, they have joined only three legal heirs of said deceased Smt. Pramila Patil in the present suit. In this premises the plaintiffs to clarify the position for non joining of two legal heirs of said deceased defendant Pramila to the suit by next date.
    Matter is adjourned to 04-11-2023 for clarification/ex parte judgment
    Next Purpose: EX-PARTE JUDGEMENT
    Next Hearing Date: 04-11-2023
    
    Date: 04-11-2023
    Business: Adv. Ganesh Kale  for plaintiff present and filed adjournment application t.o.r. marked as Exh.
    None for defendant
    Order
    Read Considering the contentions made in the application, I deem it just and appropriate to adjourn the matter as sought for. Hence, allowed.
    Matter is adjourned to 21-11-2023 for steps
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 21-11-2023
    
    Date: 21-11-2023
    Business: Adv. Ganesh Kale for plaintiff present.
    None for defendant
    Matter is adjourned to 02-01-2024 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 02-01-2024
    
    Date: 02-01-2024
    Business: Adv. Ganesh Kale for Plaintiffs present.
    None for defendants present.
    Matter stands adjourned on 06.03.2024 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 06-03-2024
    
    Date: 06-03-2024
    Business: Advocate Ganesh Kale for Plaintiffs present and filed draft Notice of Motion alongwith affidavit in support for filing additional affidavit of evidence t.o.r. Leave is granted to register Notice of Motion.
    None for defendants No.1 to 18 present.
    Matter stands adjourned on 10.04.2024 for filing registered Notice of Motion by the plaintiffs and Notice of Motion reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 10-04-2024
    
    Date: 10-04-2024
    Business: Advocate Ganesh Kale for Plaintiffs present and filed registered Notice of Motion No.1098/2024 t.o.r.
    He also filed affdavit of service regarding Notice of Motion t.o.r. -seen.
    Advocate Abhijeet Barve alongwith defendant No.1(a) present and filed vakalatnama t.o.r. and marked as Exhibit-24 -seen.
    Advocate M.S. Singh alongwith defendant No.1(c) present and filed vakalatnama t.o.r. and marked as Exhibit-25 -seen.
    The plaintiffs are directed to provide copy of the plaint and documents to defendants No.1(a) and 1(c) as per oral request of Advocate M.S. Singh and Advocate Abhijeet Barve.
    Matter stands adjourned on 01.07.2024 for Notice of Motion reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 10-05-2024
    
    Date: 10-05-2024
    Business: CORAM H.H.J. SHRI. U.C. DESHMUKH (CR.66)
    Matter pertains to C.R. No. 65
    NOB TOB
    Advocate M.S. Singh for defendant No.1(c) present and filed application for matter taken on todays board. t.o.r. and marked as Exhibit-26.
    He filed draft Notice of Motion alongwith affidavit in support t.o.r. Leave is granted to register Notice of Motion.
    He also filed written statement behalf of defendant No.1(c), kept on record.
    Matter already adjourned on 01.07.2024 for Notice of Motion reply.                                           Ic Judge
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 01-07-2024
    
    Date: 01-07-2024
    Business: Adv. Ganesh Kale for plaintiff present.
    Adv. M. S. Singh for defendant No. 1(c) present.
    Adv. Abhijit Barve for defendant No. 1(a) present.
    Adv. For defendant No. 1(c) filed registered Notice of Motion 2588/2024 alongwith affidavit in support of Notice of Motion. Taken on record. Notice of Motion is served upon plaintiff matter is adjourned for Reply.
    Matter stands adjourned on 03/09/2024 for Reply to Notice of Motion.
    Next Purpose: REPLY
    Next Hearing Date: 03-09-2024
    
    Date: 03-09-2024
    Business: P.O. is on Medical Leave.
    Next Purpose: REPLY
    Next Hearing Date: 14-10-2024
    
    Date: 14-10-2024
    Next Purpose: REPLY
    Next Hearing Date: 05-12-2024
    
    Date: 05-12-2024
    Business: None for plaintiff present.
    Adv. Abhijit Barve for defendant no. 1(a) present.
    Adv. Vimal Tiwar for defendant no. 1(c) present.
    Defendant no. 1(c) present.
    Matter stands adjourned on 01.02.2025 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 01-02-2025
    
    Date: 01-02-2025
    Business: Adv. S. S. Bedekar for plaintiff present and filed vakalatnama for plaintiff. O-Taken on record. It is marked as Exhibit-27. Seek adjournment. O-Adjournment granted.
    Adv. A. A. Barve for defendant No. 1(b) present.
    Adv. Vimal Tiwari for defendant No. 1(c) present.
    Matter stands adjourned 27/03/2025 on  for Hearing
    Next Purpose: HEARING
    Next Hearing Date: 27-03-2025
    
    Date: 27-03-2025
    Business: Adv. Swapnil for plaintiff present and filed reply to Notice of Motion No.2588/2024. Taken on record.
    Adv. Barve for defendant No.1(a) present.
    Adv. M. S. Singh along with defendant No.1(c) present.
    None for other defendant present.
    Adv. for plaintiff prayed for grant of adjournment. Adjournment granted.
    Matter stands adjourned on 23/04/2025 for hearing.
    Next Purpose: HEARING
    Next Hearing Date: 23-04-2025
    
    Date: 23-04-2025
    Business: Adv. Swapnil Shanbag for plaintiff present and tendered draft Ch/s along with affidavit in support. O- Leave is granted to register the same. Copy served on other side.
    Adv. Vimal Tiwari for defendant no. 1 c present.
    Adv.Abhijeet Barve  for defendant no. 1 a present.
    By consent of all parties, matter adjourned on 13-06-2025    for ch/s reply/hearing.
    Next Purpose: HEARING
    Next Hearing Date: 13-06-2025
    
    Date: 13-06-2025
    Business: Adv. Mr. Swapnil Shanbag for plaintiff present and tendered registered Ch/s. Along with affidavit in support.
    Copy served other side.
    Defendant No. 1c present.
    Adv.  Mr. Abijit Barve for defendant No. 1a present.
    Adv. M. S. Singh for Defendant No. 1c present.
    Adv. for Defendants Nos. 1a and 1c seeks time for reply to the ch/s. On oral request time is granted till next date.
    Matter adjourned on 27.06.2025 for reply to Ch/s.
    Next Purpose: C/S REPLY
    Next Hearing Date: 27-06-2025
    
    Date: 27-06-2025
    Business: Adv. Swapnil Shanbhag present for plaintiff. Adv. A. A. Barve present for def. 1(A). Advocate Mr. Vimal Tiwari h/f Advocate M. S. Singh present for def. 1(c). Court is vacant and hence, matter adjourned.
    Next Purpose: C/S REPLY
    Next Hearing Date: 08-07-2025
    
    Date: 08-07-2025
    Business: None for plaintiff present.
    Adv. Nitan D. Mayekar i/b Adv. Laxman Shahapur for defendant present.
    Adv. M. S. Singh for defendant No.1(C) present.
    Rest of the board is discharged due to paucity of time and since, the court remained busy in hearing other matters on board.
    Matter stands adjourned on 25/09/2025 for Chamber Summons reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 25-09-2025
    
    Date: 25-09-2025
    Business: P. O. is on leave.
    Next Purpose: C/S REPLY
    Next Hearing Date: 20-12-2025
    
    Date: 25-09-2025
    Business: P. O. is on leave.
    Next Purpose: C/S REPLY
    Next Hearing Date: 20-12-2025
    
    Date: 25-09-2025
    Business: P. O. is on leave.
    Next Purpose: C/S REPLY
    Next Hearing Date: 20-12-2025
    
    Date: 20-12-2025
    Business: Adv. Swapnil Sharma for plaintiff present.
    Adv. M. S. Singh along with defendant No.1(c) present and filed his say on Chamber Summons No.1337/2025 itself.
    Adv. Abhijit Barve for defendant No.1(a) present and filed reply to Chamber Summons No.1337/2025. Taken on record. Copy served upon other side.
    Matter stands adjourned on  13/02/2026 for Chamber Summons hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 13-02-2026
    
    Date: 13-02-2026
    Business: P. O is on half day leave (Second Session).
    Next Purpose: C/S  HEARING
    Next Hearing Date: 26-03-2026
    
    Date: 26-03-2026
    Business: Adv. Swapnil for plaintiff present.
    Adv. Barve for defendant No.1(a) present.
    Adv. M. S. Singh along with defendant No.1(c) present.
    None for other defendant present.
    Matter stands adjourned on 17/04/2026 for Chamber Summons hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 17-04-2026
    
    Date: 17-04-2026
    Business: Adv. Swapnil for plaintiff present.
    Adv M. S. Singh for defendant no. 1(c) present.
    Defendant no 1(c) in person present.
    Heard both sides.
    F.R.S.R. following order is passed in Chamber Summons No.1337/2025.
    ORDER
    1.The present Chamber Summons No. 1337 of 2025 is made 	absolute in terms of prayers.
    2. Abetment of suit against defendant No.1(b) is set aside.
    3. Delay in bringing legal heirs of defendant No.1(b) on record is condoned.
    4. Plaintiff is permitted to bring legal heirs of defendant No.1(b) on record as per schedule within 14 days from the date of this order and plaintiff shall supply amended plaint to the other side and also for the Court.
    5. The present Chamber Summons No. 1337 of 2025 is disposed of accordingly.
    
    Matter stands adjourned on 04-05-2026  for compliance
    Next Purpose: COMPLIANCE
    Next Hearing Date: 04-05-2026
    
    Date: 04-05-2026
    Business: Adv. Swapnil Shanbaug for plaintiff present.
    Adv. Abhijeet Barve for defendant  no 1(a) present.
    Adv. Rajiv Pal h/f Adv. M. S. Singh for defendant no 1(c) present.
    Matter stands adjourned on 24-08-2026 for filing and supply amended copy of the plaint and hearing of Notice of Motion moved by defendant.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-08-2026
    
    Date: 24-08-2026
    Business: CORAM - H.H.J. SHRI. A. H. BAIG (CR.65)
    Adv. Swapnil Shanbhag for plaintiff present.
    Adv. A. A. Barve for defendant  no 1(a) present.
    Adv. M S Singh  for defendant no 1(c) present.
    Arguments heard on Notice of Motion no 2588/24. matter is kept back for order.
    F.R.S.R. following order is passed in Notice of Motion No.2588/24.
    ORDER
    1. The present Notice of Motion No. 2588 of 2024 is made absolute  subject to payment of cost of Rs.3,500/- (Rupees Three Thousand Five Hundred  only) to be paid to plaintiff on or before next date as condition precedent.
    2. On payment of costs as per clause (1) above, ex-parte order dated 08.04.2022 passed against defendant No.1(c) is set aside.
    3. On compliance of clause (1) above, the delay of 3 years, 1 month and 9 days in filing of Notice of Motion shall be condoned.
    4. Written statement filed by defendant No.1(c) shall be taken on record on compliance of clause (1) above.
    5. Defendant No.1(c) is also permitted to take cross examination of plaintiff.
    6. The Notice of Motion No. 2588 of 2024 is disposed of accordingly.
    Matter stands adjourned on 22-10-2026 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 22-10-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 103123/2020
    Filing Date: 05-03-2020
    First Hearing Date: 03rd April 2020
    Court Number And Judge: 65-COURT 65 ADDL SESSIONS JUDGE

    Orders

    0

    No order text is available in this record.

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