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NOTICE OF MOTION

Lucky House Bhadut MandalVsH H SARDAR SYEDNA MOHAMMED BURHANUDDIN SAHEB AND 7 ORS +7 more

CNR MHCC0100383520209-COURT 09 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 17th January 2026

TrustJury record updated 28 Sept 2026

Case Overview

Registration Number
101295/2020
Registration Date
21 Aug 2020

Advocates

1

For Respondent

    Not available

    Parties

    9

    Acts & Sections

    1
    CODE OF CIVIL PROCEDURE · Sec 9

    Case History / Proceedings

    Case History
    Date: 25-08-2020
    Business: Adv. Mr. Surendra Choudhary  for the Plaintiff present.
    Mr. Pankaj Patil, Dy. Engineer, A-ward, MHADA present and he submits that the advocate for MHADA Mr. P.G. Lad requested to grant four weeks time for filing affidavit in reply to Notice of Motion and documents.
    Matter is adjd.  To 22.09.2020 for filing reply to Notice of Motion.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 22-09-2020
    
    Date: 22-09-2020
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 24-11-2020
    
    Date: 24-11-2020
    Next Purpose: REPLY
    Next Hearing Date: 10-02-2021
    
    Date: 10-02-2021
    Business: Adv. B. P. Jakhade for the plaintiff
    Adv. Ravi Irle for the defendant No.3.
    Adv. Shete for the defendant No.9.
    KB
    L.O.
    Adv. B. P. Jakhade for the plaintiff
    Adv. Ravi Irle for the defendant No.3.
    Adv. Shete for the defendant No.9.
    Matter is adjd. to 03/03/2021 for Ch/s hearing.
    Next Purpose: REPLY
    Next Hearing Date: 03-03-2021
    
    Date: 03-03-2021
    Business: Secretary of the plaintiff is present.
    Adv. B. P. Jakhade for the plaintiff
    Adv. Mr. Ingale for the defendant No.3.
    Adv. Sayali for the defendant No.5.
    Adv. Ms. Pawar for defendants No.7 and 8.
    Last chance is granted to file reply to NM.
    Matter is adjd. to 26/03/2021 for NM reply and NM and Ch/s hearing.
    Next Purpose: REPLY
    Next Hearing Date: 26-03-2021
    
    Date: 26-03-2021
    Business: Due to SOP only urgent matter  are taken up. Hence, the Board is
    discharged.
    Matter is adjd. to 16/06/2021 for Ch/s hearing.
    Next Purpose: REPLY
    Next Hearing Date: 16-06-2021
    
    Date: 16-06-2021
    Business: Due to COVID-19 pandemic.
    Matter is adjourned.
    Next Purpose: REPLY
    Next Hearing Date: 23-07-2021
    
    Date: 23-07-2021
    Business: due to covid-19
    Next Purpose: REPLY
    Next Hearing Date: 01-09-2021
    
    Date: 01-09-2021
    Business: court is on leave
    Next Purpose: REPLY
    Next Hearing Date: 01-10-2021
    
    Date: 01-10-2021
    Business: Advocate  for plaintiff present.
    Adv. Mr. Ravi for the defendant No.3 present.
    Adv. R. R. Pawar  h/f Adv. Mr. P. G. Lad for defendant present and filed reply to NM No.1295/2020
    Matter is adjd. to 12/11/2021 for Ch/s hearing
    Next Purpose: REPLY
    Next Hearing Date: 12-11-2021
    
    Date: 12-11-2021
    Business: court is onleave
    Next Purpose: REPLY
    Next Hearing Date: 15-12-2021
    
    Date: 15-12-2021
    Business: Court is on Leave.
    Next Purpose: REPLY
    Next Hearing Date: 14-01-2022
    
    Date: 14-01-2022
    Business: Due to SOP only urgent matters are taken up.
    Matter is adjd. to 16.03.2022 for CS hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 16-03-2022
    
    Date: 16-03-2022
    Business: Devan Parmar intervenor present in preson.
    Adv. Pawar for Deft. No. 5 present.
    Adv. Santosh Jadhav for Deft. No.3 present.
    The third party applicant submits that there were four trusties of the association. Three of them are passed away. The remaining trusty Mr. Ganesh Golatkar is present before the Court today. He further submits that the tenant association is in the process of making necessary changes in the trust and effect the same in the record of charity commissioner so far as additional trusties are concerned. He seeks time and listing the matter after 10/04/2022 as the general body meeting is scheduled on that day. Ld. Adv. for Deft. No. 3 and 5 have no objection for the same. Hence, matter is
     adjd. to 14-06-2022.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 14-06-2022
    
    Date: 14-06-2022
    Business: Adv. Surendrakumar Choudhari for Plaintiff present and seeking time as process of necessary changes in trust is pending before charity commissioner.-Time granted.
    Adv.Ravi Irale a/w Adv. Motivala  for defendant no. 3 present.
    Adv. Darshan Jain h/f Adv. Kudalkar for defendant no. 8 present.
    Matter is adjd. to 27-07-2022 for Ch/s hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 27-07-2022
    
    Date: 27-07-2022
    Business: court is on leave
    Next Purpose: C/S  HEARING
    Next Hearing Date: 27-09-2022
    
    Date: 27-09-2022
    Business: court is on leave
    Next Purpose: C/S  HEARING
    Next Hearing Date: 25-11-2022
    
    Date: 25-11-2022
    Business: None present for plaintiff.
    Adv. Santosh Jadhav a/w Adv. Urvi Joshi and Mrs. Motiwala for defendant no. 3 present.
    Last chance granted to plaintiff for hearing ch/s.
    Matter is adjd. to 17.01.2023 for Ch/s hearing.
    LO at 3.27 pm.
    Adv. Devang Parmar for intervenor present.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 17-01-2023
    
    Date: 17-01-2023
    Business: Court is on Leave.
    Hence, Board is discharged.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 20-02-2023
    
    Date: 20-02-2023
    Business: None present for plaintiff.
    Adv. Joshi for defendant No. 3 present.
    Matter is adjourned to 06.04.2023 for Chamber Summons hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 06-04-2023
    
    Date: 06-04-2023
    Business: As the Court is on leave.  Hence, board is discharged and matter adjd. to 06.06.2023.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 06-06-2023
    
    Date: 06-06-2023
    Business: Mr. Devang Parmar for intervener is present.
    Adv. Mr. Surendra Kumar Choudhary for the plaintiff is present.
    Adv. Ms. Urvi Joshi a/w Adv. Motiwala for defendant No. 3 is present.
    It is submitted on behalf of intervener that his application before Charity Commissioner is pending and therefore, longer date be given. Advocates for defendant consented for the same.
    At the request of intervener matter is adjourned.
    Advocate for the plaintiff filed the application for discharge as the advocate on behalf of the plaintiff along-with copy of notice given to the plaintiff. TOR. It is marked at Exh. 10. O- Allowed.
    Adjourned for Ch/s Hearing to 25.08.2023.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 25-08-2023
    
    Date: 25-08-2023
    Business: None present for the plaintiff.
    Adv. Ms. Urvi Joshi for defendant No.3  is present.
    Adv. Ms. Nilam Shaikh for defendant No. 8 is present.
    Matter is adjourned to 19.10.2023 for Ch/s hearing.
    LO at 04:33 pm.
    The plaintiff is present in person.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 19-10-2023
    
    Date: 19-10-2023
    Business: None present for the plaintiff.
    Mr. Devan Parmar for intervener is present in Ch/s No. 553/2018
    None present for defendant No. 4
    Adv Ms. Preeti Shah a/w Adv.  Urvi Jain for defendant No. 3 is present.
    Adv. Ms. R.R. Pawar h/f Adv. P.G. Lad for defendant No. 5/MHADA is present.
    Adv. Mr. Suraj Kudalkar for defendant No.8/State is present.
    It is submitted on behalf of intervener that it application before Charity Commissioner is pending and prayed for adjournment and longer date.
    Matter is adjourned to 18.12.2023 for Ch/s hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 18-12-2023
    
    Date: 18-12-2023
    Business: None present for the plaintiff.
    Mr. Devang Parmar intervenor in Ch/s no. 553/2018 is present.
    Adv. Ms. Urvi Joshi for defendant No. 3 is present.
    Adv. Mr. Amit Kapse for defendant No.8/ State is present.
    Intervenor is submitted that application before Charity Commissioner is pending and prayed for adjournment.
    Matter is adjourned to 12.02.2024 for Ch/s hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 12-02-2024
    
    Date: 12-02-2024
    Business: Adv. Mr.Devang Parmar for the intervenor in ch/s 553/18 is present.
    Adv. Ms.Preeti Shah for defendant no.3 is present.
    Ms.Sugandha Patil a/w Subhada Legal Manager MBPT for respondent no.3 is present.
    Adv.Vaibhavi Pawar h/f Adv. Kudalkar for defendant no.8/State is present.
    It is submitted by intervenor in person that application pending before Charity Commissioner and prayed for adjournment and for longer date. Considering the submissions matter is adjourned to 16.04.2024 for Ch/s Hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 16-04-2024
    
    Date: 16-04-2024
    Business: discharged and matter is adjourned to
    Next Purpose: C/S  HEARING
    Next Hearing Date: 08-05-2024
    
    Date: 08-05-2024
    Business: None for the plaintiff.
    Adv. Ms. Preeti Shah i/b Adv.  Ranjan Solakni for defendant No.3 is present.
    Matter is adjourned to 09.07.2024 for Ch/s Hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 09-07-2024
    
    Date: 09-07-2024
    Business: None for the plaintiff.
    Adv. Mr.Santosh Jadhav  for defendant No.3 is present.
    Matter is adjourned to 01.08.2024 for Ch/s Hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 01-08-2024
    
    Date: 01-08-2024
    Business: None for the plaintiff.
    Intervenor is present.
    Advocate for defendant No.3 is present.
    Matter is adjourned to 27.09.2024 for Ch/s Hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 27-09-2024
    
    Date: 27-09-2024
    Business: Adv. Devang Parmar present for applicant in CS no. 553/18 and sought adjournment.
    Adv. Paras Pawar present for defendant/MHADA .
    Adv. Solanki i/b Adv. P. B. Shaha for defendant no. 3 present.
    Matter is adjourned to 25/11/24 for CS hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 25-11-2024
    
    Date: 25-11-2024
    Business: None present for plaintiff.
    Adv. Shete present for defendant no. 5.
    Adv. Ranjana Solanki i/b Adv. Preeti Shah Motiwala for defendant no. 3 present.
    Adv. T. A. Dhotre for defendant/State present.
    As applicant in CS and their advocate are absent, Matter is adjourned to 09/01/25 CS hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 09-01-2025
    
    Date: 09-01-2025
    Business: None present for plaintiff.
    Adv. Devang Parmar present for intervenor and sought adjournment for NM hearing.
    O- Time granted as last chance.
    Advocate Shreya Shah h/f Adv. P. G. Lad for defendant no. 5/MHADA present.
    Advocate Ranjan Solaki i/b Adv.  Preeti Shah for defendant no. 3 present.
    Advocate Kapse for defendant/State present.
    Matter is adjourned to 21/03/2025 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-03-2025
    
    Date: 21-03-2025
    Business: Applicant Mr. Devamg Parmar in person in CS 553/18 present and he seeks time. O- Time granted as last chance.
    Advocate Shette for defendant no. 5 present.
    Matter is adjourned to 12/06/25 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-06-2025
    
    Date: 12-06-2025
    Business: As Court is on leave. Board is discharged. Matter adjourned.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-07-2025
    
    Date: 24-07-2025
    Business: None present for plaintiff.
    Advocate Ranjan Solanki i/b Adv.  Preeti Shah for defendant no. 3 present.
    Adv. Farkanda Shaikh h/f Adv. Kudalkar present for defendant no. 8/State.
    As plaintiff and his advocate are absent, Matter is adjourned for NM hearing to 21/08/25.  (Afternoon session)
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-08-2025
    
    Date: 21-08-2025
    Business: None present for the plaintiff.
    Adv. Devang Parmar present for intervenor in CS no. 553/18.
    Adv. Ranjan Solanki a/w Adv.  Anjali Kotecha h/f Adv. Priti Shah for deft. no. 3 present.
    Adv. Divya Jagdale h/f Adv. P. G. Lad present for defendant no. 5/MHADA.
    Matter is adjourned to 23/09/25 for hearing on CS 553/18.  (Afternoon session)
    Next Purpose: C/S  HEARING
    Next Hearing Date: 23-09-2025
    
    Date: 23-09-2025
    Business: Adv.  present for plaintiff.
    Devang Parmar for Intervenor present.
    Adv. Ranjan Solanki a/w Adv. Janhavi Kandekar, Radhika Dave i/b Adv. Preeti Shah present for defendant no.3.
    Matter is adjourned to 10.11.2025 for c/s Hearing.
    LO
    Adv. Shete h/f Adv. Lad for defendant no.5 present.
    Matter is adjourned to 10.11.2025 for c/s Hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 10-11-2025
    
    Date: 10-11-2025
    Business: As the Court is on leave Board is discharged and the matter stands adjourned.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 19-11-2025
    
    Date: 19-11-2025
    Business: Adv.  present for plaintiff.
    Adv. T. A. Dhotre h/f Adv. Kapse for defendant/State present.
    Adv. Ranjan Solanki a/w Adv. Janhavi K, Adv. Anjali K i/b Motiwalla  Co for defendant no.3 present.
    Adv. Paras Pawar h/f Adv. Kandekar present for defendant/MHADA.
    Record shows that Adv. for plaintiff filed application for discharge as an advocate of the plaintiff on 06.06.2023 and it was allowed. Since then None present for the plaintiff. It appears that plaintiff is not It seems that plaintiff is not interested to proceed further with the suit. However, record shows that from Court no intimation is given to the plaintiff hence, issue notice to the plaintiff on court motion and matter be fixed for order.
    Issue notice to Plaintiff on Court Motion.
    Matter is adjourned to 19.12.2025 for Order.
    Next Purpose: ORDER
    Next Hearing Date: 19-12-2025
    
    Date: 19-12-2025
    Business: None present for plaintiff.
    Adv. Ranjan Solanki a/w Adv. Janhavi Kandekar and Adv. Anjali Kolecha i/b Motiwalla  Co. present for defendant no.3.
    Adv. Paras Pawar i/b Adv. P. G. Lad present for defendant no.5/MHADA.
    Adv. Kudalkar present for defendant no.8/State.
    Intervenor in person present.
    Bailiff report returned unserved. TOR and marked as Exh.11.
    KB for order.
    LO at 4.06pm
    Intervenor filed pursis. TOR and marked as Exh.12. The present Suit was filed by Lucky House Bhadut Mandal, a registered trust through its trustees. However, none appearing for the plaintiff. Record shows that since 25.11.2022, none appeared for the plaintiff. Record further shows that Intervenor Devang Dinesh Parmar, had filed Chamber Summons to add as a party to the Suit however, None was appearing. Applicant Devang Parmar, is the proposed secretary and matter is pending to pass order before Charity Commissioner. Several opportunities were given to the Intervenor. Today, the Intervenor moved application for adjournment and submitted that he has applied before the Honble Charity Commissioner for grant of permission to conduct the present proceeding. However, record shows that sufficient opportunities were granted. As on today, the applicant has no voice to say that matter be kept pending till the decision taken by the Honble Charity Commissioner. Plaintiff is not represented by anyone. Had there been any trustees appointed, they could have approached the Court to proceed with the matter. Therefore, this Court is of the opinion that the plaintiff is not interested to proceed with the matter hence, this is a fit case to dismiss for want of prosecution. Therefore, matter be adjourned for Dismissal to 17.01.2026.
    Next Purpose: DISMISSAL
    Next Hearing Date: 17-01-2026
    
    Date: 17-01-2026
    Business: None present for plaintiff.
    Adv. Ranjan Solanki i/b Adv. Preeti Shah and Motiwalla Co. present for defendant no.3.
    None for plaintiff present. No application for adjournment is filed on record. My Ld. Predecessor has already kept the matter for Dismissal. Hence, Suit stands dismissed for default. In view of dismissal of Suit,  Notice of Motion Nos.685/2019 and 1295/2020 and Chamber Summons nos.553/2018 and 94/2018 stand disposed of accordingly. (S. M. PATIL) Judge, City Civil Court, Gr. Bombay.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 17-01-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 104290/2020
    Filing Date: 21-08-2020
    First Hearing Date: 25th August 2020
    Decision Date: 17th January 2026
    Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    17 Jan 2026
    Order Details: Other
    Pdf Text: 17.01.2026
    Sr. No. 05
    CORAM: H.H.J. SHRI S. M. PATIL, (C.R. NO.09)
    SU 4813/2009
    NM 685/2019
    NM 1295/2020
    CS 553/2018
    CS 94/2018
    None present for plaintiff.
    Adv. Ranjan Solanki i/b Adv. Preeti Shah and Motiwalla & Co. present
    for defendant no.3.
    None for plaintiff present. No application for adjournment is filed on
    record. My Ld. Predecessor has already kept the matter for Dismissal.
    Hence, Suit stands dismissed for default. In view of dismissal of Suit,
    Notice of Motion Nos.685/2019 and 1295/2020 and Chamber
    Summons nos.553/2018 and 94/2018 stand disposed of accordingly.
    (S. M. PATIL)
    Judge, City Civil Court,
    Gr. Bombay.
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