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SUIT - SHORT CAUSE CIVIL SUIT

Mrs. Yashoda Raghunath Panchal +1 moreVsMr. Ghanshyam N. Tolani

CNR MHCC01003532202012-COURT 12 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
PENDING

TrustJury record updated 28 Sept 2026

Case Overview

Registration Number
101724/2021
Registration Date
19 Dec 2020
Next Hearing Date
30 Sept 2026
Case Stage
SERVICE

Advocates

1

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    Specific Relief Act · Sec 34 · 38

    Case History / Proceedings

    Case History
    Date: 15-02-2021
    Business: Adv. Rajiv Singh for plaintiff present.
    Deft. in person present.
    Deft. seeks time to file reply to N/M.  Granted.
    Plaintiff to tender registered N/M.
    The matter is adjd for compliance and reply to N/M to 01.03.2021.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 01-03-2021
    
    Date: 01-03-2021
    Business: None for plff.
    Deft present.
    Deft seeks time to file reply. Granted.
    Plff tendered the register the NM .
    The matter is adjd for reply to 18/03/2021.
    Next Purpose: REPLY
    Next Hearing Date: 18-03-2021
    
    Date: 18-03-2021
    Business: None for plaintiff.
    Deft. present.  Adv. Mohan Kumbhar for deft. present.
    Plaint.
    Vakalatnama.
    Memorandum of address.
    List of documents.
    Vakalatnama filed on behalf of deft. by Adv. Kumbhar.
    T.O.R.  O. - Seen and filed.
    Ld. counsel for deft. seeks time to file reply and written statement.  Granted.
    Last chance is granted to plaintiff to register the N/M and tender it on the record.
    The matter is adjd for compliance, reply to N/M and filing written statement to 03.05.2021.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 03-05-2021
    
    Date: 03-05-2021
    Business: Due to Covid-19, matter is adjourned.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 09-08-2021
    
    Date: 09-08-2021
    Business: Adv. Rajiv Singh for plaintiff present.
    None for deft.
    Adv. For plaintiff tendered registered N/M No.1969/20. T.O.R.
    The matter is adjd for written statement and reply to N/M to 06.09.2021.
    L.O.
    Adv. Darshan Jain for deft. present.
    Exh.6 -  Adv. For deft. filed vakalatnama.  T.O.R.
    The matter is already adjd for written statement and reply to N/M to 06.09.2021.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 06-09-2021
    
    Date: 06-09-2021
    Business: Adv. Rajiv Singh for plaintiff present.
        Heard Adv. For plaintiff.  He submitted that present suit would not be covered under Commercial Dispute as defined in Section 2(c) of The Commercial Courts Act.
       As per physical verification certificate dated 03.04.2021, this suit is transferred to the Commercial Court as dispute is covered under section 2(c)(vii) of the C.C. Act.  Said clause provides commercial dispute means a dispute arising out of agreements relating to immovable property used exclusively in trade or commerce.
           Perused the plaint.  It is contended that defendant executed leave and license agreement of the suit property dated 29.10.2015 in favour of plaintiffs.  Later on, defendant agreed to sell suit property to plaintiffs in December 2017 for consideration of Rs.13 Lacs.  Plaintiffs also made part payment.  Plaintiffs sought permanent injunction restraining defendant from causing obstruction to plaintiffs possession over suit property.  Suit property is room bearing no.TG-10, 2nd floor, Saraswati Chowk, Mulund colony. In para no.1 of the plaint, it is specifically pleaded that  suit property is residential premises.  Suit property is the residential premises. Thus, dispute is not regarding agreements relating to immovable property used exclusively in trade or commerce. Present suit does not qualify as a Commercial dispute. Therefore, matter be sent to the Office of Registrar (Civil) for further assignment.
    Matter is adjd for compliance of above order to 27.09.2021.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 27-09-2021
    
    Date: 27-09-2021
    Business: Matter called out at 02.01 p.m.
    Adv. Rajiv Singh for plaintiff present.
    It appears that defendant although appeared but till date did not file Written statement and reply to the NM.
    Hence, Suit to proceed without WS and reply of the defendant.
    Matter stands adjourned to 20.12.2021 for compliance.
                                                                                           Judge
    Next Purpose: COMPLIANCE
    Next Hearing Date: 20-12-2021
    
    Date: 20-12-2021
    Business: None for plaintiff present.
    Adv. Vaibhavi for Defendant present and she tendered original registered NM 2886/21. t.o.r.
    Matter stands adjourned to 17.02.2022 for reply/compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 17-02-2022
    
    Date: 17-02-2022
    Business: Matter called out at 4.40 p.m.
    Adv. Rajiv Singh for plaintiff present.
    Adv. Kudalkar for defendant present.
    Following F.R.S.R. order is passed in NM No. 2886 of 2021.
    ORDER
    1.   Notice of Motion No. 2886 of 2021 is allowed in terms of prayer clause (a) to (c).
    2.  Defendant is allowed to file written statement within a period of one month from the date of order with copy to other side.
    3.   Notice of Motion is disposed of accordingly.
    Matter stands adjourned to 04.05.2022 for WS.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 04-05-2022
    
    Date: 04-05-2022
    Business: Adv. Rajiv Singh for plaintiff present.
    Adv. Darshan Jain for defendant present.
    Kept back.
    Later on at 3.00 p.m.
    He tendered application to pass no WS and no reply order to NM. TOR. Exh.7.
    Kept back.
    Later on at 3.30 p.m.
    Adv. Darshan Jain for defendant present. He tendered WS. TOR. Exh.8.
    Matter stands adjourned to 21.07.2022 for NM reply.
    Next Purpose: REPLY
    Next Hearing Date: 21-07-2022
    
    Date: 21-07-2022
    Business: None present for plaintiff.
    Adv. Vaibhavi Pawar for defendant present. She tendered pursis to treat WS as reply to NM No.1969/2020. TOR. Exh.09.
    Matter stands adjourned to 16.09.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-09-2022
    
    Date: 16-09-2022
    Business: Adv. Singh for plaintiff present. He is seeking time to file rejoinder. Time granted.
    Adv. Vaibhavi Pawar for defendant present.
    Matter stands adjourned to 02.11.2022 for rejoinder.
    Next Purpose: REJOINDER
    Next Hearing Date: 02-11-2022
    
    Date: 02-11-2022
    Business: Adv. B. A. Singh for plaintiff present. He is seeking time. Time granted.
    Adv. Apoorva T. for defendant present.
    Matter stands adjourned to 19.01.2023 for rejoinder.
    Next Purpose: REJOINDER
    Next Hearing Date: 19-01-2023
    
    Date: 19-01-2023
    Business: Court is on leave.
    Next Purpose: REJOINDER
    Next Hearing Date: 20-03-2023
    
    Date: 20-03-2023
    Business: None present.
    K.B.
    Later on at 3.39 p.m.
    None present for plaintiff.
    Adv. Pathak h/f Adv. Kudalkar for defendant present.
    Matter stands adjourned on 13.06.2023 for rejoinder.
    Next Purpose: REJOINDER
    Next Hearing Date: 13-06-2023
    
    Date: 13-06-2023
    Business: None for Plaintiff present.
    Adv Darshan Jain for defendant present.
    Matter stands adjourned on 01-08-2023 for rejoinder.
    Next Purpose: REJOINDER
    Next Hearing Date: 01-08-2023
    
    Date: 01-08-2023
    Business: None for Plaintiff present.
    None for defendant present.
    Rejoinder not filed by Plaintiff since 16.09.2022 hence, matter is proceeded for hearing on NM without rejoinder of Plaintiff.
    Matter stands adjourned on 23-10-2023 for NM hearing.
    Next Purpose: REJOINDER
    Next Hearing Date: 23-10-2023
    
    Date: 23-10-2023
    Business: Adv Anjali Mishra present for Plaintiff and seeking time for NM hearing. O - Time granted.
    Adv Darshan Jain present for Defendant.
    Matter stands adjourned on 06-01-2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-01-2024
    
    Date: 06-01-2024
    Business: Court is on leave
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-03-2024
    
    Date: 26-03-2024
    Business: The P.O. is on Leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-04-2024
    
    Date: 18-04-2024
    Business: IN THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO. 61
    None for  plaintiff.
    None for defendant.
    KB LO at.. 3.30 pm..
    Adv. Kudalkar for defendant present.
    Matter adjourned for  NM hearing  to 28-06-2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-06-2024
    
    Date: 28-06-2024
    Business: IN THE COURT OF H.H.J. S. M. AGARKAR JUDGE CITY CIVIL COURT C.R. NO. 61
    None for  plaintiff.
    Adv. Darshan Jain h/f Adv. Kudalkar for defendant present.
    Matter adjourned for NM hearing as a last chance / further order to 08-07-2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-07-2024
    
    Date: 08-07-2024
    Business: IN THE COURT OF HHJ R. D. DESHPANDE JUDGE CITY CIVIL COURT C.R. NO. 61
    None for  plaintiff.
    None for defendant.
    Matter adjourned for NM hearing to 26-08-2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-08-2024
    
    Date: 26-08-2024
    Business: IN THE COURT OF H.H.J. R. D. DESHPANDE JUDGE CITY CIVIL COURT C.R. NO. 61
    With the consent of advocates of both the parties, matter is taken at 01.06 pm.
    Adv. Rajiv Singh for plaintiff is present.
    Adv. Darshan Jain for defendant is present.
    By consent matter is adjourned for NM hearing to 04-10-2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-10-2024
    
    Date: 04-10-2024
    Business: Adv. Jayant Puranik for plaintiff is present and seeks time to argue NM.
    Adv. T. A. Dhotre for defendant is present.
    Matter is adjourned for NM hearing to 04/11/24.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-11-2024
    
    Date: 04-11-2024
    Business: PO is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-12-2024
    
    Date: 13-12-2024
    Business: Adv. Bhaskar Mishra for plaintiff is present and seeks time.
    Adv. Darshan Jain for defendant is present.
    Matter adjourned with consent for NM hearing to 10.02.2025.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-02-2025
    
    Date: 10-02-2025
    Business: Court is on leave
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-04-2025
    
    Date: 01-04-2025
    Business: The Court is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-06-2025
    
    Date: 26-06-2025
    Business: Adv. Rajiv Singh for plaintiff is present and submitted that clear copy of document has not been supplied by the defendant.
    Adv. Asfana Shaikh h/f Adv. Suraj Kudalkar for defendant is present.
    Matter adjourned for supplying copies to plaintiff / NM hearing to 10.09.2025.
    Next Purpose: SERVICE
    Next Hearing Date: 10-09-2025
    
    Date: 10-09-2025
    Business: PO is on leave.
    Next Purpose: SERVICE
    Next Hearing Date: 14-11-2025
    
    Date: 14-11-2025
    Business: IN THE COURT OF H.H.J. A. C. DAGA JUDGE CITY CIVIL COURT C.R. NO. 61
    None for plaintiff.
    Adv. T. A. Dhotre a/w Adv. Kudalkar for defendant No.1 is present.
    Matter adjourned for service to 21.01.2026.
                                                                                     Judge
    Next Purpose: SERVICE
    Next Hearing Date: 21-01-2026
    
    Date: 21-01-2026
    Business: Court is vacant hence matter adjourned
    Next Purpose: SERVICE
    Next Hearing Date: 08-04-2026
    
    Date: 08-04-2026
    Business: IN THE COURT OF H.H.J. SHRI. R. V. BHAKTA JUDGE CITY CIVIL COURT C.R. NO. 61
    Adv. Rajiv B. Singh for plaintiff is present.
    Adv. Aditya Ragde h/f Adv. Suraj Kudalkar for defendant is present and seeks time to give the copy of the documents to the plaintiff. O- Granted as last chance.
    Matter adjourned for service to 08.07.2026.
                                                                                     Judge
    Next Purpose: SERVICE
    Next Hearing Date: 08-07-2026
    
    Date: 08-07-2026
    Business: Adv. R. B. Sing for plaintiff present.
    Adv. Akash Dubey h/b Adv. Suraj Kudalkar present for defendant.
    Defendant seeks time for supply clear copies of documents.
    Granted to the last chance
    Matter adjourned for suppling copies of documents to the plaintiff.
    30/09/2026.
    Next Purpose: SERVICE
    Next Hearing Date: 30-09-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 103907/2020
    Filing Date: 14-07-2020
    First Hearing Date: 15th February 2021
    Court Number And Judge: 12-COURT 12  ADDL SESSIONS JUDGE

    Orders

    0

    No order text is available in this record.

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