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SUIT - SHORT CAUSE CIVIL SUIT

Kumar Devdas AdvaniVsMaria Easter Sylvia Xavier +5 more

CNR MHCC01003025201965-COURT 65 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
PENDING

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
100040/2020
Registration Date
02 Jan 2020
Next Hearing Date
26 Oct 2026
Case Stage
COMPLIANCE

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    7

    Acts & Sections

    1

    Case History / Proceedings

    Case History
    Date: 23-01-2020
    Business: Advocate Mr. K. Andrews for Plaintiff present and sought extension of time to serve writ of summons upon Defendants.  Time extended till next date.
    Case is adjourned to 09/04/2020 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 09-04-2020
    
    Date: 09-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SERVICE
    Next Hearing Date: 21-04-2020
    
    Date: 21-04-2020
    Business: National Lock down
    Next Purpose: SERVICE
    Next Hearing Date: 01-06-2020
    
    Date: 01-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SERVICE
    Next Hearing Date: 18-06-2020
    
    Date: 18-06-2020
    Business: None present for Plaintiff.
    None present for Defendants.
    Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 14/08/2020.
    Next Purpose: SERVICE
    Next Hearing Date: 14-08-2020
    
    Date: 14-08-2020
    Business: National Lockdown
    Next Purpose: SERVICE
    Next Hearing Date: 08-10-2020
    
    Date: 08-10-2020
    Business: None present for plaintiffs.
    None present for Defendants.
    Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to  07/01/2021 for Service
    Next Purpose: SERVICE
    Next Hearing Date: 07-01-2021
    
    Date: 07-01-2021
    Business: Adv Mr. Narendra Gharat for Plaintiff present and seeks extension in time to serve the defendants with writ of summons. Time extended till next date.
    Matter is adjd.for service of writ of summons to 05.04.2021.
    Next Purpose: SERVICE
    Next Hearing Date: 05-04-2021
    
    Date: 05-04-2021
    Business: Adv Mr. Gharat for plff present.
    Adv Mr. Thorat for Deft Nos.4 and 5 present.
    Adv Mr. Kharawala appeared and gave oral undertaking that he will file V.P. on behalf of deft No.6 Century Textiles & Industries Ltd. on next date. His oral undertaking is accepted.
    Adv. for plff seeks time to file affidavit of service.
    Matter is adjd. for filing V.P. and affidavit of service to 07.06.2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 07-06-2021
    
    Date: 07-06-2021
    Business: CORAM : H.H.J. SHRI R.M.SADRANI (C.R.No.63)
    Matter pertains to C.R. No.62.
    Plaint is at Exh.1.
    Vakalatnama of the plaintiff as Exh.2.
    Address Memo of the plaintiff as Exh.3.
    List of documents as Exh.4.
    Adv Mr. Gharat for plff present and seeks time to file affidavit of service.
    Adv Mr. Thorat for Deft Nos.4 and 5 present and seeks time to file WS.
    Adv Mr. Kharawala present and filed V.P. on behalf of deft No.6 Century Textiles & Industries Ltd.
    Matter is adjd. for affidavit of service to 05.08.2021.
    I/c Judge
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 05-08-2021
    
    Date: 05-08-2021
    Business: None present for plff.
    Adv Ms. Richa Tambe for defendant No.6 present.
    Matter is adjd. for filing affidavit of service to 26.10.2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 26-10-2021
    
    Date: 26-10-2021
    Business: court is on leave.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 15-12-2021
    
    Date: 15-12-2021
    Business: Adv Mr. Narendra Gharat present for plff.
    Adv Ms. Richa Tambe for deft No.6 present. and filed draft NM for condonation of delay caused in filing WS alongwith affidavit in support.
    O- Leave to register is granted with direction to serve the plff.
    WS of deft No.6 is kept on record with direction that it will be considered only if the NM of deft No.6 is allowed.
    Adv for plff seeks time to file affidavit of service.
    Matter is adjd. for NM reply and affidavit of service of writ of summons to 07.03.2022.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 07-03-2022
    
    Date: 07-03-2022
    Business: Adv Mr. Mahamuni h/f Adv Mr. Narenra Gharat for plff present and filed affidavit of service of writ of summons.
    Adv Ms. Richa Tambe for deft No.6 present and tendered registered NM No 3343/2021 alongwith affidavit in support. She also filed affidavit of service.
    Adv for plff endorsed reply on NM No.3343/2021 itself.
    Heard.
    F.R.S.R. following order is passed in N.M.No.3343/2021
                            ORDER
    Notice of  Motion No.3343/2021 is allowed.
    Delay caused in filing written statement by defendant No.6 is condoned and written statement of defendant No.6 is taken on record.
                              ---
    WS of defendant No.6 is marked as Exh.12
    Matter is adjd for order in respect of other defts to 30.03.2022.
    Next Purpose: ORDER
    Next Hearing Date: 30-03-2022
    
    Date: 30-03-2022
    Business: Adv. Narendra Gharat for plaintiff present.
    Law Officer Suresh Chavan of defendant Suresh Textile present. None present for other defendants.
    Defendant Nos.4,5 and 6 have already filed W/S.
    Affidavit of service shows that postal department has returned the envelope containing writ of summons in respect of defendant No.1,2 and 3 unserved with endorsements as  left. Service not proper. Plaintiff to serve defendant nos. 1 to 3 properly.
    Adjourned for service of writ of summons on defendant nos 1 to 3 to 21-06-2022
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 21-06-2022
    
    Date: 21-06-2022
    Business: Court is on leave.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 04-08-2022
    
    Date: 04-08-2022
    Business: Adv.Narendra Gharat for plaintiff present.
    Adv.M.K.Jariwala for deft.No.4 and 5 present.
    Plaintiff requested for time to serve the suit summons on rest of the defendants excluding deft.No.4 and 5. Time is extended for service of suit summons.
    Matter adjd to 17.10.2022 for service affidavit.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 17-10-2022
    
    Date: 17-10-2022
    Business: Adv.S.G. Mahamuni for plaintiff present.
    Adv.M.K.Jariwala for deft.No.4 and 5 present.
    Matter adjd to 12.01.2023 for service affidavit.
    Judge
    LO at 01.00 pm
    Adv.Nidhi Shetty for defendant No.6 present.
    Matter adjd to 12.01.2023 for service affidavit.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 12-01-2023
    
    Date: 12-01-2023
    Business: Adv.S.G.Mahamuni h/f.Adv.Narendra Gharat for plaintiff present.
    Adv.Kavin Bookseller  h/f. Adv.M.K.Jariwala for deft.No.4 and 5 present.
    Adv.Ankita Mohite h/f.Res Juris  for defendant No.6 present.
    None present for deft.No.1 to 3.
    Matter adjd to 15.03.2023 for service affidavit.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 15-03-2023
    
    Date: 15-03-2023
    Business: Adv.Narendra Gharat a/w.Adv.Aparna Vani for plaintiff present.
    None present for defendant.
    On oral request of plaintiff matter adjd to 17.06.2023 for service affidavit.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 17-06-2023
    
    Date: 17-06-2023
    Business: Adv. Narendra Gharat for plaintiff present.
    None for defendant
    Matter is adjd.to 02-08-2023 for steps.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 02-08-2023
    
    Date: 02-08-2023
    Business: Adv. Mahamuni for plaintiff present.
     Adv. Vaishnavi Mhatre for defendant no. 6 present.
    Matter is adjd.to 04-10-2023 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 04-10-2023
    
    Date: 04-10-2023
    Business: Adv. Narendra Gharat for plaintiff present.
    Adv. Ankita Mohite for defendant no.6  present.
    Matter is adjd.to 05-12-2023 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 05-12-2023
    
    Date: 05-12-2023
    Business: Adv. Mahamuni for plaintiff present.
    None for defendant.
    Matter is adjourned to 02.02.2024 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 02-02-2024
    
    Date: 02-02-2024
    Business: Adv. Narendra Gharat for Plaintiff present.
    None for defendant present.
    Matter stands adjourned on 23.04.2024 for taking steps to serve the defendant with writ of summons.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 23-04-2024
    
    Date: 23-04-2024
    Business: Advocate S.G. Mahamuni alongwith plaintiff present.
    None for defendants No.1 to 6 present.
    Matter stands adjourned on 16.07.2024 for taking steps to serve the defendants with writ of summons.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 16-07-2024
    
    Date: 16-07-2024
    Business: Adv. Narendra Gharat for plaintiff present.
    Learned Adv. for plaintiff requested for grant of time for taking steps. Time granted as last chance.
    None for defendant present.
    Matter stands adjourned on 16/10/2024 for taking steps to serve defendants with writ of summons as last chance.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 10-09-2024
    
    Date: 10-09-2024
    Business: Not On Board, Taken On Board
    There is element of settlement of dispute between parties.
    Hence, matter is kept in Lok-Adalat scheduled on 28.09.2024.
    Accordingly, issue notice to all parties to suit.
    Matter stands adjourned on 28.09.2024 for Lok-Adalat.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 28-09-2024
    
    Date: 28-09-2024
    Business: Matter pertains to C.R. No. 65
    Mr.Tarun Rathod, power of attorney holder of Plaintiff present.
    None present for defendant nos.1 to 6.
    Matter adjd to 19.10.2024.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 19-10-2024
    
    Date: 19-10-2024
    Business: Plaintiff alongwith Adv. Hanuman Tajane present.
    Adv. M. K. Jariwala for defendant no. 4 and 5 present.
    Adv for plaintiff requested for grant of time for taking steps against other defendants. O. - Time granted.
    Matter adjourned for taking steps.
    Matter stands adjourned on 07.12.2024 for  taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 07-12-2024
    
    Date: 07-12-2024
    Business: Adv. Hanuman Tajne for plaintiff present and seeks time for taking steps in respect of defendant No.1. Time granted.
    Adv. M. K. Jariwala for defendant No.4 and 5 present.
    Matter adjourned for taking steps.
    Matter stands adjourned on 21/01/2025 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 21-01-2025
    
    Date: 21-01-2025
    Business: Adv. Hanumant Tajne for plaintiff present.
    Adv. M. K. Jariwala for defendant No. 4 and 5 present.
    None for other defendant 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. Narendra Gharat for plaintiff present and seeks time for taking steps. O-Time granted.
    Adv. M.K. Jariwala for defendant 4 and 5 present.
    Adv. Pradosh Patil i/b Lex Juris is present for defendant No. 6.
    Matter stands adjourned on 15/02/2025 for Steps
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 15-02-2025
    
    Date: 15-02-2025
    Business: Adv. Narendra Gharat for plaintiff present and filed draft Chamber Summons along with affidavit. Leave granted to register it.
    Adv. Kezer Kharawala for defendant No.6 present.
    None for other defendant present.
    Matter stands adjourned on 03/03/2025 for service, reply, and filing registered Chamber Summons.
    Next Purpose: SERVICE
    Next Hearing Date: 03-03-2025
    
    Date: 03-03-2025
    Business: Adv. Tajne for plaintiff present and submitted registered Chamber Summons No. 447/2025 along with affidavit. Taken on record.
    Adv. Pradosh Patil i/b Lex Juris for defendant No.6 present and seeks time for filing reply to Chamber Summons. Time granted.
    None for other defendant present.
    Matter stands adjourned on 21/03/2025 for filing reply.
    Next Purpose: REPLY
    Next Hearing Date: 21-03-2025
    
    Date: 21-03-2025
    Business: Adv. Hanumant Tajne h/f Adv. Narendra Gharat for plaintiff present and prayed for grant of adjournment. Adjournment granted.
    Adv. Pradosh Patil i/b Lex Juris for defendant No.6 present.
    None for other defendant present.
    Matter stands adjourned on 01/04/2025 for filing reply.
    Next Purpose: REPLY
    Next Hearing Date: 01-04-2025
    
    Date: 01-04-2025
    Business: Adv. S. G. Mahamuni along with plaintiff present.
    None for defendant present.
    Matter stands adjourned on 28/04/2025 for Chamber Summons hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 28-04-2025
    
    Date: 28-04-2025
    Business: Adv.S. G. Mahamuni for plaintiff present.
    Matter adjourned on 02-07-2025 for Ch/s hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 02-07-2025
    
    Date: 28-04-2025
    Business: Adv.S. G. Mahamuni for plaintiff present.
    Matter adjourned on 02-07-2025 for Ch/s hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 02-07-2025
    
    Date: 02-07-2025
    Business: P.O. is on leave.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 06-10-2025
    
    Date: 02-07-2025
    Business: P.O. is on leave.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 06-10-2025
    
    Date: 06-10-2025
    Business: Adv. Jagruti Yadav h/f Adv. Narendra gharat for plaintiff present.
    None for defendant present.
    Keep Back.
    Later on.
    Adv. Mahamuni for plaintiff present.
    Adv. Pradosh Patil for defendant No.6 present.
    None for other defendant present.
    Matter stands adjourned on 05/12/2025 for Chamber Summons hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 05-12-2025
    
    Date: 05-12-2025
    Business: Adv. S. G. Mahamuni for plaintiff present.
    Adv. Pradosh Patil for defendant no. 6 present.
    Heard both side on chamber summons no. 447  of 2025.
    Matter stands adjourned on 20/12/2025 for  ch/s order.
    Next Purpose: ORDER
    Next Hearing Date: 20-12-2025
    
    Date: 20-12-2025
    Business: None for plaintiff present.
    Adv. Pradosh Patil for defendant No.6 present.
    None for other defendant present.
    Keep Back.
    Later on.
    Regular stenographer is on leave and no substitute is provided hence, matter is adjourned. Parties to take note.
    Matter stands adjourned on 09/01/2026 for order.
    Next Purpose: ORDER
    Next Hearing Date: 09-01-2026
    
    Date: 09-01-2026
    Business: Adv. Narendra Gharat for plaintiff present.
    None for defendant present.
    In the afternoon session court is busy in hearing in old age matters/targeted matters so matter adjouned on 17-01-2026 for order.
    Next Purpose: ORDER
    Next Hearing Date: 17-01-2026
    
    Date: 17-01-2026
    Business: Adv. Hanumant Tajne h/f Adv. Narendra Gharat for plaintiff present  and submitted that his senior is out of station and for satisfying queries raised by court regarding the difference in prayers of the affidavit filed in support of Notice of Motion he wants to seeks instruction from senior.
    None for defendant present.
    Matter stands adjourned on 22/01/2026 for hearing on court query.
    Next Purpose: HEARING
    Next Hearing Date: 22-01-2026
    
    Date: 22-01-2026
    Business: Adv. Mahamuni for plaintiff present.
    None for defendant present.
    Heard, submissions advanced on merits of the Chamber Summons No.447/2025.
    Matter stands adjourned on 07/02/2026 for order on Chamber Summons.
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 07-02-2026
    
    Date: 07-02-2026
    Business: None for plaintiff present.
    Adv. Kezer Kharawala i/b Lex Juris for defendant No.6 present.
    None for other defendant present.
    Keep Back.
    Later on.
    Court is busy in hearing and dictating order in other urgent matter. Hence, matter is adjourned.
    Matter stands adjourned on 13/02/2026 for order on Chamber Summons.
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 13-02-2026
    
    Date: 13-02-2026
    Business: None for plaintiff present.
    None for defendant present.
    F.R.S.R. following order is passed in Chamber Summons No.447/2020.
    ORDER
    1.The Chamber Summons No.447/2025 in Suit No.40/2020 is  allowed as prayed.
    2.Amendment is allowed in view of prayer clause(a).
    3.The plaintiff to carry out amendment within stipulated period i.e. 2 weeks, after amendment the plaintiff shall file amended plaint in Court and serve its copy on other side within two weeks thereafter.
    4.No order as to costs.
    5.Proceeding of  Chamber Summons No.447/2025 in Suit No.40/2020 is closed.
    Matter stands adjourned on 27/02/2026 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 27-02-2026
    
    Date: 27-02-2026
    Business: None for plaintiff present.
    None for defendant present.
    Matter stands adjourned for compliance to 23/06/2026.
    Later on at 11.29 am..
    Adv. Narendra Gharat for plaintiff present and requested time for compliance. O- Granted as last chance.
    Matter stands adjourned for compliance/in default for order of revoking the earlier order till 23/03/2026.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 23-03-2026
    
    Date: 23-03-2026
    Business: None for plaintiff present.
    None for defendant present.
    Till date plaintiff failed to comply the order so put up for order of revoking the earlier order in default.
    Matter stands adjourned on 04/05/2026 for order.
    Next Purpose: ORDER
    Next Hearing Date: 04-05-2026
    
    Date: 04-05-2026
    Business: None for plaintiff present.
    None for defendants present.
    Till date compliance affidavit is not filed by plaintiff, hence, matter is kept back.
    Later on at 12.05 PM.
    Adv. Hanumant Tajane for plaintiff present.
    None for  defendant present.
    Advocate for plaintiff has sought time to file affidavit of service. Hence, matter is adjourned for filing compliance affidavit and order.
    Matter stands adjourned on 27-08-2026 for filling compliance affidavit and order.
    Next Purpose: ORDER
    Next Hearing Date: 27-08-2026
    
    Date: 27-08-2026
    Business: Adv. Hanuman Tajane for plaintiff present and sough time to file compliance affidavit.
    None for defendant present.
    Matter stands adjourned on 26-10-2026 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 26-10-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 103199/2019
    Filing Date: 14-03-2019
    First Hearing Date: 23rd January 2020
    Court Number And Judge: 65-COURT 65 ADDL SESSIONS JUDGE

    Orders

    2
    Interim Order 1Full order available
    13 Feb 2026

    Order Details: Chamber summons Pdf Text: ..1.. C/S. No.447/2025 (SC No.40/20) MHCC010029652025 Presented on : 21-02-2025 Registered on : 21-02-2025 Decided on : 13-02-2026 Duration : 00 Y, 11M, 21Days IN THE BOMBAY CITY CIVIL COURT AT GREATER MUMBAI CHAMBER SUMMONS NO. 447 OF 2025 IN SHORT CAUSE SUIT NO. 40 OF 2020 Kumar Devdas Advani … Plaintiff Vs. Maria Easter Sylvia Xavier & Ors. … Defendants CORAM : HER HONOUR JUDGE SMT. H. C. SHENDE CITY CIVIL COURT, GR.…

    Read Full Order
    Order 1Full order available
    13 Feb 2026

    Order Details: Chamber summons Pdf Text: ..1.. C/S. No.447/2025 (SC No.40/20) MHCC010029652025 Presented on : 21-02-2025 Registered on : 21-02-2025 Decided on : 13-02-2026 Duration : 00 Y, 11M, 21Days IN THE BOMBAY CITY CIVIL COURT AT GREATER MUMBAI CHAMBER SUMMONS NO. 447 OF 2025 IN SHORT CAUSE SUIT NO. 40 OF 2020 Kumar Devdas Advani … Plaintiff Vs. Maria Easter Sylvia Xavier & Ors. … Defendants CORAM : HER HONOUR JUDGE SMT. H. C. SHENDE CITY CIVIL COURT, GR.…

    Read Full Order

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