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SUIT - SHORT CAUSE CIVIL SUIT

Mr. Joseph Francis GonsalvesVsMrs. Josephine Inas Gonsalves +3 more

CNR MHCC0100448820209-COURT 09 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
PENDING

TrustJury record updated 29 Sept 2026

Case Overview

Registration Number
102554/2021
Registration Date
21 Dec 2021
Next Hearing Date
07 Oct 2026
Case Stage
ADMISSION DENIAL

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    5

    Acts & Sections

    1
    Specific Relief Act · Sec 34

    Case History / Proceedings

    Case History
    Date: 04-01-2022
    Business: Adv Ashok Maru for plaintiff present. None present for the defendant. Court is busy in hearing other matters on the board. Matter is adjd. to 07.04.2022 for directions.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 07-04-2022
    
    Date: 07-04-2022
    Business: Adv. A.P. Maru for plaintiff present and submits that plaintiff has expired and seeks time to bring his legal heir on record. Time is granted  subject to limitation.
    Matter is adjd. to  15-06-2022 for steps.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 15-06-2022
    
    Date: 15-06-2022
    Business: Adv. Ashok Maru for plaintiff present and he filed draft Ch/s along with affidavit in support. O- Leave is granted to register the same. Serve other side.
    Matter is adjd. to 08-08-2022 for service affidavit and Ch/s reply.
    Next Purpose: SERVICE
    Next Hearing Date: 08-08-2022
    
    Date: 08-08-2022
    Business: court is on leave
    Next Purpose: SERVICE
    Next Hearing Date: 03-10-2022
    
    Date: 03-10-2022
    Business: Adv. Ashok Maru present for plaintiff and tendered register ch/s No. 937/22 alongwith affidavit in support and service affidavit.
    Advocate for defendant is absent.
    Matter is adjd. to 29.11.2022 for ch/s reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 29-11-2022
    
    Date: 29-11-2022
    Business: Adv. Ashok Maru for plaintiff present.
    None present for defendant.
    Last chance is granted to defts to file reply to ch/s.
    Matter is adjd. to 18.01.2023 for ch/s reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 18-01-2023
    
    Date: 18-01-2023
    Business: Court is on leave.
    Hence, Board is discharged.
    Next Purpose: C/S REPLY
    Next Hearing Date: 09-02-2023
    
    Date: 09-02-2023
    Business: Adv. Ashok Maru for plaintiff present.
    None present for defendant.
    Matter is adjourned to 24.02.2023 for Chamber Summons reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 24-02-2023
    
    Date: 24-02-2023
    Business: As Court is busy in dictating order in Notice of Motion Nos. 632/21 and 3171/19 in Suit No. 2085/19. Hence, Board is discharged.
    Matter is adjourned to 10.04.2023 for Chamber Summons reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 10-04-2023
    
    Date: 10-04-2023
    Business: None present for the parties.
    As Court is busy in dictating Judgment in Supreme Court Time Bound Matter i.e. Suit No. 1404/2017. Hence, Matter is adjourned to 03.05.2023 for Chamber Summons reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 03-05-2023
    
    Date: 03-05-2023
    Business: court is on leave
    Next Purpose: C/S REPLY
    Next Hearing Date: 07-07-2023
    
    Date: 07-07-2023
    Business: Adv. Mr. Ashok Maru for the plaintiff is present.
    None present for the defendant.
    Matter is adjourned to 28.08.2023 for Ch/s reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 28-08-2023
    
    Date: 28-08-2023
    Business: Adv. Mr. Ashok Maru for the plaintiff is present.
    None present for the defendant.
    Defendant failed to file reply to Ch/s within stipulated time. Hence, no reply order is passed against the defendant.
    The following order is passed on Ch/s No. 937/2022:
    	Plaintiff has taken out present Ch/s for bringing on record legal-heirs of deceased plaintiff. It is submitted that original plaintiff is died on 15.12.2021 and it is necessary to bring on record legal-heirs of deceased plaintiff. It is submitted that there is some delay in taking of Ch/s as death certificate of plaintiff was not available. Hence, prayed for allowing Ch/s. Defendant failed to file reply to Ch/s. Considering the submissions it would be just and proper to allow Ch/s. for proper adjudication of the matter. Hence, I proceed to pass following order:
    ORDER
    1.	Chamber Summons No. 937 of 2022 is hereby allowed.
    
    2.	The plaintiffs are allowed to bring on record L.Rs. of 	deceased plaintiff as prayed.
    3.	The plaintiffs to carry out necessary amendment within 	two 	weeks and to supply copy of amended plaint on record.
    4.  	Chamber Summons No. 937 of 2022 is disposed of 	accordingly.
    Matter is adjourned to 11.09.2023 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 11-09-2023
    
    Date: 11-09-2023
    Business: Adv. Mr. Ashok Maru for the plaintiff is present and tendered amended copy of plaint on record. He undertakes to serve copy of amended plaint to the defendant.
    None present for the defendant.
    Matter is adjourned to 24.11.2023 for further compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 24-11-2023
    
    Date: 24-11-2023
    Business: Adv. Mr. Ashok Maru for the plaintiff is present.
    None present for the defendant.
    Adv. for the plaintiff filed affidavit of service of amended plaint on all the defendants. He prayed for issuing summons to all the defendants. Issue fresh summons to all the defendants.
    Matter is adjourned to 20.02.2024 for summons.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 24-01-2024
    
    Date: 24-01-2024
    Business: By precipe
    Adv. Mr.Ashok Maru for the plaintiff is present.
    Advocate for plaintiff prayed for issuing Writ of summons to the defendant. hence issue writ of summons as prayed
    Matter is adjourned to 20.02.2024 for Writ of Summons.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 20-02-2024
    
    Date: 20-02-2024
    Business: None for the plaintiff.
    Adv. Mrs.Chandramore for defendant no.4/BMC is present.
    Matter is adjourned to 03.05.2024 for Writ of Summons.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 03-05-2024
    
    Date: 03-05-2024
    Business: Adv. Mr.Sandeep Mane h/f Adv. Rajesh Maravoor for the plaintiff is present.
    None for defendant.
    Matter is adjourned to 18.07.2024 for writ of summons.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 18-07-2024
    
    Date: 18-07-2024
    Business: Court is on leave
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 30-08-2024
    
    Date: 30-08-2024
    Business: Adv. Ashok Maru present for plaintiff.
    Adv. Q. S. Kapasi for defendant no. 1 present and orally submitted that, he shall file VP on the next date and take steps in connection in regard to WS.
    Advocate Rahul Rathod for defendant/BMC present.
    Issue fresh writ of summons to defendant.
    Mr. Sushilkumar Yashwant Gangurde, Colony officer B and F department, D-ward, BMC present.
    Matter is adjourned for service of writ of summons 13/11/24.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 13-11-2024
    
    Date: 13-11-2024
    Business: None present for plaintiff.
    Advocate Rahul Rathod for defendant/BMC present.
    Time is extended for service of writ of summons.
    As plaintiff and his advocate are absent, Matter is adjourned for service of writ of summons to 16/01/25.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 16-01-2025
    
    Date: 16-01-2025
    Business: Son of plaintiff present.
    Exh.1- Plaint
    Exh.2- Vakalatnama
    Exh.3-Memorandum of Address
    Exh.4- List of documents.
    Clerk of advocate of plaintiff present and he filed affidavit of service of writ of summons. t.o.r. marked as Exh. 5.
    None present for defendant no 1 and 2.
    Advocate Rahul Rathod for defendant no. 3 and 4/BMC present.
    Service is completed against defendant no. 3 and 4 only.
    Plaintiff to take steps against rest of the defendants.
    Matter is adjourned for taking steps/affidavit of service to 12/03/25.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 12-03-2025
    
    Date: 12-03-2025
    Business: As the Court is on leave.  Hence, Board is discharged and matter stand adjd. to
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 12-06-2025
    
    Date: 12-06-2025
    Business: As Court is on leave. Board is discharged. Matter adjourned.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 01-07-2025
    
    Date: 01-07-2025
    Business: Adv. Ashok Maru present for plaintiff.
    Advocate Rahul Rathod for defendant/BMC present.
    KB LO at 03.05pm.
    Advocate Rohan Kakde for defendant no. 1 present and he filed VP. t.o.r. marked as Exh..
    Matter is adjourned to 02/09/25 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 02-09-2025
    
    Date: 02-09-2025
    Business: Adv. Ashok Maru present for plaintiff and filed application for substituted service. TOR and marked as Exh.7.
    Adv. Rahul Rathod for Defendant nos.3 and 4/BMC present.
    LO at 5.30pm
    Adv. Azam Ali Shaikh h/f Adv. Rohan Kakde for defendant no.1 present.
    Matter is adjourned to 03.10.2025 for Order on Exh.7.
    Next Purpose: ORDER
    Next Hearing Date: 03-10-2025
    
    Date: 03-10-2025
    Business: As the Court is on leave.  Board is discharged and the matter stands adjd. to
    Next Purpose: ORDER
    Next Hearing Date: 10-10-2025
    
    Date: 10-10-2025
    Business: Adv. Ashok Maru present for plaintiff.
    None present for defendants.
    F.R.S.R. following order is passed on Exh.7
    ORDER
    1.The application Exh.07 is hereby allowed.
    2.The writ of summons be served on defendant no.2 under Order V Rule 21 of Code of Civil Procedure by Speed Post simultaneously in addition to service through Bailiff.
    3.The application is disposed of accordingly.
    4.The order is digitally signed hence, it be uploaded on Case Information System (CIS) and the printout of the digitally signed order, additionally signed by me for the purpose of physical record, be kept on record.
    Matter is adjourned to 04.12.2025 for NM hearing.
    Next Purpose: FOR___________________
    Next Hearing Date: 04-12-2025
    
    Date: 04-12-2025
    Business: Adv.  present for plaintiff.
    Adv. Rahul Rathod for defendant no.3 and 4/BMC present.
    The Court is busy in dictating Order on CS no.2764/2025 in Suit no. 1618/2018 and in hearing arguments in Notice of Motions in Suit nos.2708/2025, 4651/2024, 6113/2024, 6394/2024, 5323/2024 and arguments in Suit no.2915/2025. Hence, Matter is adjourned to 20.01.2026.
    Next Purpose: FOR___________________
    Next Hearing Date: 20-01-2026
    
    Date: 20-01-2026
    Business: Adv. Ashok Maru present for plaintiff and filed application for issuance of writ of summons. TOR and marked as Exh.__. O-Reissue suit summons through bailiff only.
    Adv. Ashlesha Tare h/f Adv. Q. S. Kapasi present for defendant no.1.
    Matter is adjourned to 07.03.2026 for bailiff report.
    Next Purpose: REPORT
    Next Hearing Date: 07-03-2026
    
    Date: 07-03-2026
    Business: CORAM: H.H.J. SHRI S. M. PATIL, (C.R. NO.09)
    Adv Ashok Maru for plaintiff present.
    Adv. Aslam Tadvi h/f Adv Rahul Rathod for BMC is present.
    Adv Ashok Maru for plaintiff has filed affidavit of service of suit summons on defendant no.2 on report dt.18.02.2026 filed by the belief shows that deft no.2 is served with suit summons.
    Adv Pradnya Lade for deft no.2 appeared and submitted that she will file appearance and written statement on next date.
    Matter is adjourned to 18/03/2026 for Appearance/Filing Written Statement.
                                                                                                       Judge
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 18-03-2026
    
    Date: 18-03-2026
    Business: Adv. Ashok Maru present for plaintiff.
    None present for defendants.
    Matter is adjourned to 17.04.2026 for WS and NM reply of defendant no.2.
    LO at 12.03pm
    Adv. Pradnya Lade i/b M. V. Kini  Co. for defendant no.2/BEST present and filed memo of appearance. TOR and marked as Exh.8.
    O-Seen.
    Matter already adjourned to 17.04.2026 for WS and NM reply of defendant no.2.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 17-04-2026
    
    Date: 17-04-2026
    Business: As the Court is on leave.  Hence, board is discharged and matter stands adjourned.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 07-05-2026
    
    Date: 07-05-2026
    Business: Adv. present for plaintiff.
    Adv. P. S. Bankar present for defendant.
    Defendant Nos. 1 and 2 failed to filed written statement as well as reply to the notice of motion. Hence, suit to proceed without written statement of the Defendant Nos.1 and 2 and without reply to the notice of motion.
    Adv. for plaintiff submitted that, in view of above NM. 2288/2021 be tagged with main suit. Hence, NM. 2288/2021 be tagged with main suit and keep this suit for no WS hearing.
    Matter is adjourned to 02.07.2026 for No WS hearing.
                                                                                                       Judge
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 02-07-2026
    
    Date: 02-07-2026
    Business: None present for plaintiff.
    Adv. Maya Dave present for defendant no.2/BEST.
    Plaintiff and his advocate absent. No application for adjournment is filed on record. Hence, matter be kept for further order/No WS Hearing.
    Matter is adjourned to 11.08.2026 for further order.
    Next Purpose: ORDER
    Next Hearing Date: 11-08-2026
    
    Date: 11-08-2026
    Business: Adv.  present for plaintiff.
    None present for defendants.
    kb LO at 1.00pm
    Advocate for plaintiff filed application for adjournment. TOR and marked as Exh.9. O-Adjournment granted as last chance.
    Adv. Janhavi Sawant i/b M. V. Kini and Co. present for defendant no.2/BEST.
    Matter is adjourned to 04.09.2026 for further order/evidence.
    Next Purpose: ORDER
    Next Hearing Date: 04-09-2026
    
    Date: 04-09-2026
    Business: Adv. Ashok Maru present for plaintiff and filed affidavit of examination-in-chief of PW-1, Mr. Julius Cyril Gonsalves. TOR and marked as Exh.10. O-Read and recorded. He also filed documents alongwith list. TOR and marked as Exh.11. O-Other side to say.
    None present for defendants.
    Matter is adjourned to 07.10.2026 for Admission or Denial.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 07-10-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 104951/2020
    Filing Date: 13-10-2020
    First Hearing Date: 04th January 2022
    Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE

    Orders

    2
    Interim Order 1Full order available
    10 Oct 2025

    Order Details: Order below exhibit Pdf Text: 1 Suit No. 2554-2021 ………..Order Below Exhibit 07 IN THE BOMBAY CITY CIVIL COURT AT MUMBAI ORDER BELOW EXHIBIT 07 IN SUIT NO. 2554 OF 2021 Julius Ciril Gonsalves ]….Plaintiff V/s. 1. Mrs. Josephine Inas Gonsalves, 2. B.E.S.T., 3. Colony Officer, BMC, 4. The Asst. Municipal Commissioner ]....Defendants Appearances : Learned Adv. Ashok Maru for plaintiff. Learned Adv. Rakesh Kakde for defendant No.1. Learned Adv. Rahul Rathod for defendant Nos. 3 and 4/BMC.…

    Read Full Order
    Order 1Full order available
    10 Oct 2025

    Order Details: Order below exhibit Pdf Text: 1 Suit No. 2554-2021 ………..Order Below Exhibit 07 IN THE BOMBAY CITY CIVIL COURT AT MUMBAI ORDER BELOW EXHIBIT 07 IN SUIT NO. 2554 OF 2021 Julius Ciril Gonsalves ]….Plaintiff V/s. 1. Mrs. Josephine Inas Gonsalves, 2. B.E.S.T., 3. Colony Officer, BMC, 4. The Asst. Municipal Commissioner ]....Defendants Appearances : Learned Adv. Ashok Maru for plaintiff. Learned Adv. Rakesh Kakde for defendant No.1. Learned Adv. Rahul Rathod for defendant Nos. 3 and 4/BMC.…

    Read Full Order

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