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SUIT - SHORT CAUSE CIVIL SUIT

Shri Pratap Chandrabhai SharmaVsShri Chandan Chittaranjan Sharma +4 more

CNR MHCC0100456920188-COURT 08 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
PENDING

TrustJury record updated 11 Sept 2026

Case Overview

Registration Number
100653/2021
Registration Date
01 Mar 2021
Next Hearing Date
05 Oct 2026
Case Stage
DISMISSAL

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    6

    Acts & Sections

    1
    Specific Relief Act · Sec 36 · 37 · 38

    Case History / Proceedings

    Case History
    Date: 08-03-2021
    Business: Adv. Mr. Anil Kharatmal for the plaintiff.
    Draft Ch/s along with affidavit of support tendered by advocate for the plaintiff. O-  Leave to register Ch/s is granted.
    Time is extended for registering NM.
    Matter is adjd. to 21/04/2021  for tendering registered NM and Ch/s.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 21-04-2021
    
    Date: 21-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 14-07-2021
    
    Date: 14-07-2021
    Business: DUe to COVId-19 pandemic.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 03-09-2021
    
    Date: 03-09-2021
    Business: Court is on leave.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 05-10-2021
    
    Date: 05-10-2021
    Business: Adv. Mr. Anil Kharatmal for the plaintiff present.
    Advocate for the plaintiff tendered registered N/M No.1126/2021 along with affidavit in support. t.o.r.
    Advocate for the plaintiff tendered registered Ch/s No.732/2021 along with affidavit in support. t.o.r.
    As the Court is busy in dictating order in NM No.1621/2018 (SU 1542/2017) and NM No. 1624/2021  (SU No.1819/2021). Therefore, board is discharged.
    Matter is adjd. to 22/12/2021 for reply to NM and Ch/s.
    Next Purpose: REPLY
    Next Hearing Date: 22-12-2021
    
    Date: 22-12-2021
    Business: As Court is busy in hearing arguments on St.11239/21 and St.6029/21. Hence, board is discharged.
    Matter is adjd. to 02.03.2022 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 02-03-2022
    
    Date: 02-03-2022
    Business: (As per order of Hon\''ble Principal Judge dtd.25/2/22, matter is reassigned to this court.)
    Adv Anil Kharatmol for plaintiff present.
    None present for deft.
    As defts are absent, matter adjd for reply to NM and CS/order to 17/3/22.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-03-2022
    
    Date: 17-03-2022
    Business: Adv. Anil kharatmol present for plaintiff.
    None present for defendant.
    As deff. and his adv. are absent,
    Matter adjourned for reply to nm and cs/order to 08/06/22.
    Next Purpose: CS NM ORDERS
    Next Hearing Date: 08-06-2022
    
    Date: 08-06-2022
    Business: Adv. Anil Kharatmol present for plaintiff.
    None present for defendants.
    As plaintiff and his adv. are absent, Matter adjourned for filling affidavit of service/service to 06/07/22.
    Next Purpose: SERVICE
    Next Hearing Date: 06-07-2022
    
    Date: 06-07-2022
    Business: Advocate S.R. Gupta present for plaintiff.
    None present for defendants.
    Matter adjourned for Order on NM no.1602/19 to 02.08.2022.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 02-08-2022
    
    Date: 02-08-2022
    Business: Adv. Shilpa sharma hf adv. Anil kharatmol present for plaintiff  and tendered affidavit of service of chs.. t.o.r..
    Adv. Rohit Joshi present for defendant no. 01, 02 and 04 and sought adjournment to file the reply to the chs. And nm.
    Plaint
    Vakalatnama. O- Seen and filed.
    Address Memo. O- R and R.
    List of documents. O - Seen and filed
    Affidavit in support of plaint
    Adv. Seeta yadav present for defendant no. 03 and tendered vakalatnama on behalf of defendant no. 03. t.o.r marked as Exh.06.
    Matter adjourned for reply to chs. And nm to 12/09/22.
    Next Purpose: C/S REPLY
    Next Hearing Date: 12-09-2022
    
    Date: 12-09-2022
    Business: Adv. Anil Kharatmol present for plaintiff.
    Adv. Latika kabad present for defendant no. 01 and 02 and tendered affidavit in reply to chs. no. 732/21, affidavit in reply to nm no. 1126/2019. t.o.r.
    She also tendered WS of defendant no. 01 and 02. t.o.r marked as Ex. 07.
    None present for other defendants.
    Matter adjourned for Reply to chs. And nm of other defendants to 11/10/22.
    l.o. at 03.44 pm.
    Adv. Seeta Yadav present for defendant no. 03 and tendered affidavit in reply to chs. no. 732/2021. t.o.r.
    She also tendered affidavit in reply to nm no. 1126/2021. t.o.r.
    Next Purpose: C/S REPLY
    Next Hearing Date: 11-10-2022
    
    Date: 11-10-2022
    Business: Adv. Anil kharatmol present for plaintiff.
    Adv. Seeta yadav present for defendant 03 and she served copy of affidavit in reply to chs. And nm to the plaintiff. ..
    Adv. Latika Kabal present for defendant no. 01 and 02.
    Matter adjourned for cs hearing to 21/11/22.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 21-11-2022
    
    Date: 21-11-2022
    Business: Adv. Anil Kharatmol present for plaintiff and sought adjournment.
    Adv. Latika Kabal present for defendant 01 and 02.
    Adv. Sita yadav present for defendant no. 03.
    Matter adjourned for cs hearing to 13/12/22.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 13-12-2022
    
    Date: 13-12-2022
    Business: None present for plaintiff.
    Adv Latika Kabal present for defendant no. 01 & 02.
    Adv Seeta Yadav present for defendant no. 03.
    As plaintiff and his adv are absent.
    Matter adjourned for Chamber Summons & Notice of Motion dismissal order to 03.02.2023.
    LO at 4.20 pm.
    Adv Anil S. Kharatmol present for plaintiff.
    Next Purpose: CS FOR DISMISSAL
    Next Hearing Date: 03-02-2023
    
    Date: 03-02-2023
    Business: Adv. Anil kharatmol present for plaintiff and submitted that, he is ready to argue the chs and nm.
    Adv. Sita yadav present for defendant no. 03
    Adv. Lathika Pawar present for defendant no. 01 and 02 and sought adjournment.
    Matter adjourned for hearing on cs and nm to 10-03-23.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-03-2023
    
    Date: 10-03-2023
    Business: Adv. Anil Kharatmol present for plaintiff.
    Adv. Latika Kabade present for defendant no. 02 and sought adjournment.
    Adv. Sita yadav present for defendant no. 03.
    Matter adjourned for cs hearing to 10-04-23.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 10-04-2023
    
    Date: 10-04-2023
    Business: Adv. Anil kharamol present for plaintiff and sought adjournment.
    Adv. Latika Kabade present for defendant no. 01 and 02.
    Adv. Sita yadav present for defendant no. 03.
    Matter adjourned for cs hearing to 13/06/23.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 13-06-2023
    
    Date: 13-06-2023
    Business: Adv. Karatmol present for plaintiff.
    Adv. Sonal Modi  present for defendant No.3.
    Adv. Latika Kabad for defendant Nos. 1 and 2 present.
    Matter adjourned for Ch/s Hearing to 05.07.2023.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 05-07-2023
    
    Date: 05-07-2023
    Business: Adv. Kharatmol present for plaintiff.
    Adv. Latika Kabad present for defendant No.1 and 2.
    Adv. Sonal Modi present for defendant No.3.
    None present for other defendants.
    Matter adjourned for Ch/s. Hearing to 14.08.2023.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 14-08-2023
    
    Date: 14-08-2023
    Business: As court is on leave. Board is discharged. Matter is adjourned.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 30-08-2023
    
    Date: 30-08-2023
    Business: Adv. Anil Kharatmol present for plaintiff.
    Adv. Latika Kabad present for defendant No.1 and 2.
    Adv. Zubin Bramhabhatt h/f. Adv. Seeta Yadav present for defendant No.3.
    None present for other defendants.
    Matter adjourned for Ch/s. Hearing to 30.10.2023.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 30-10-2023
    
    Date: 30-10-2023
    Business: Adv. Jamkhandi h/f. Adv. Anil Kharatmol present for plaintiff.
    Adv. Latika Kabad present for defendant No.1 and 2.
    Adv. Sonal Modi Yadav present for defendant No.3.
    None present for other defendants.
    Matter adjourned for Ch/s. Hearing to 10.01.2024.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 10-01-2024
    
    Date: 10-01-2024
    Business: Adv. Anil Kharatmol present for plaintiff.
    Adv. Latika Kabad present for defendant No.1 and 2.
    Adv. Hetki Shah h/f Lalwani present for defendant No.3.
    None present for other defendants.
    On oral request of adv for defendant No.3, matter is adjd.
    Matter adjourned for Ch/s. Hearing to 12.03.2024.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 12-03-2024
    
    Date: 12-03-2024
    Business: Adv. Anil Kharatmol present for plaintiff.
    Adv. Latika Kabad i/b. Adv. Rohit Joshi present for defendant No.1 and 2.
    Adv. Seeta Yadav present for defendant No.3.
    Matter adjourned for Ch/s. Hearing to 18.06.2024.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 18-06-2024
    
    Date: 18-06-2024
    Business: Adv. Anil Kharatmol present for plaintiff. He prays for an adjournment.
    Adv. Rohit Joshi present for defendant No.1 and 2.
    Adv. Sadashiv Kanavade present for defendant No.3.
    On oral request of advocate for plaintiff, Matter adjourned for Ch/s. Hearing to 24.07.2024.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 24-07-2024
    
    Date: 24-07-2024
    Business: Adv. Anil Kharatmol present for plaintiff.
    Adv. Dhobale h/f. Adv.  Rohit Joshi present for defendant No.1 and 2.
    Adv. Sadashiv Kanavade present for defendant No.3.
    Matter adjourned for Ch/s. Hearing to 24.09.2024.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 24-09-2024
    
    Date: 24-09-2024
    Business: Adv. Anil Kharatmol present for plaintiff.
    Adv. Mitali Dhobale h/f. Adv.  Rohit Joshi present for defendant No.1 and 2.
    Adv. Sadashiv Kanavade present for defendant No.3.
    Matter adjourned for Ch/s. Hearing to 22.10.2024.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 22-10-2024
    
    Date: 22-10-2024
    Business: P. O. is on leave
    Next Purpose: C/S  HEARING
    Next Hearing Date: 10-01-2025
    
    Date: 10-01-2025
    Business: Adv. Anil Kharatmol for plaintiff present. Adv. Rohit Joshi for defendant No.1 and 2 present. Adv. Tejaswini Yeole for defendant No.3 present. Order on Chamber Summons No.732/2021 Plaintiff has taken out this chamber summons praying deletion of one prayer clause and adding another as per the schedule annexed to the chamber summons. Heard Ld. adv. for plaintiff and Ld. Adv. for defendant No.2 Mr. Rohit Joshi and Ld. Adv. for defendant No.3. So far as first prayer of the plaintiff about deletion of prayer clause (C-1) is concerned, defendants have no objection to permit the plaintiff to do so. However, ld. Adv. for defendants strongly objects for addition of prayer clause (C-1) by which plaintiff has prayed for the order to allow him to create third party right in the suit property/land. As admittedly this prayer does not fit under the category of injunction, it cannot be allowed. Therefore the chamber summons deserves to be partly allowed. At this juncture Ld. Adv. for defendant Nos.1 and 2 there is no prayer clause (C-1) in the plaint therefore prayer clause (c) cannot be partly deleted. Ld. Adv. for plaintiff replies that he may be permitted to delete entire prayer clause (c). He has accordingly endorsed on the chamber summons. Hence, the order ORDER 1. Chamber Summons No.732 of 2021 is partly allowed. 2. Plaintiff is permitted to delete prayer clause (c) from the plaint. 3. Plaintiff to carry out amendment within two weeks from today and file amended plaint as per rules. Order on Notice of Motion No.1126/2021 Heard both sides. Ld. Adv. for plaintiff submits that, in view of the deletion of the prayer clause (c) of the plaint which was about injunction, the present notice of motion does not survive. He prays for withdraw the same. Plaintiff is permitted to withdraw the notice of motion. Accordingly Notice of Motion No.1126/2021 stands disposed off
    Matter adjourned for Compliance and draft issues to 21.03.2025.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 21-03-2025
    
    Date: 21-03-2025
    Business: Adv. Anil Kharatmol for plaintiff present.
    None present for defendants.
    Ld. Adv. for plaintiff submits that, the plaintiff being senior citizen and unwell is unable to attend the court to carry out the amendment. He submits that, even for deleting a prayer clause from he plaintiff, presence of plaintiff is required by office.
    As admittedly the proposed amendment is only with respect of deletion of prayer clause (c) of the plaint, I find no need of presence of plaintiff to carry out amendment. Ld. Adv. for plaintiff can carry out necessary amendment forthwith.
    Ld. Adv. for plaintiff carried out amendment as per order dated 10.01.2025. Hence, matter adjourned for draft issues to 20.06.2025.
    Later on at 03.40 p.m.
    Adv.Mitali Dhoble h/f. Adv. Rohit Joshi for defendant Nos.1 to 3 present.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 20-06-2025
    
    Date: 20-06-2025
    Business: Adv. Anil Kharatmol for plaintiff present.
    Adv. Sayli Gangal h/f. Adv. Rohit Joshi for defendant Nos.1 to 3 present.
    Heard advocate for plaintiff and defendant on the point of framing issues.
    Issues are framed at Exh.8.
    Matter adjourned for recording evidence of plaintiff to 23.07.2025.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 23-07-2025
    
    Date: 23-07-2025
    Business: None present for plaintiff and defendants.
    Matter adjourned for recording evidence of plaintiff to 09.10.2025.
    Judge
    Later on at 12.07 p.m.
    Adv. Anil Kharatmol for plaintiff present.
    Adv. Jyotsna Jadhav for defendant No.3 present.
    Matter is already adjourned for recording evidence of plaintiff to 09.10.2025.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 09-10-2025
    
    Date: 09-10-2025
    Business: None present for plaintiff and defendants.
    Matter is adjourned for recording evidence of plaintiff to 08.01.2026.
    Judge
    Later on at 11.55 a.m.
    Adv. Anil Kharatmol for plaintiff present.
    Matter is already adjourned for recording evidence of plaintiff to 08.01.2026.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 08-01-2026
    
    Date: 08-01-2026
    Business: None present for plaintiff.
    Adv. Vendant Tiwari h/f. Adv. Rohit Joshi for defendant Nos.1 and 2 present.
    Matter is adjourned for recording evidence of plaintiff to 24.02.2026.
    Judge
    Later on at 12. 25 p.m.
    Adv. Anil Kharatmol for plaintiff present.
    Matter is already adjourned for recording evidence of plaintiff to 24.02.2026.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 24-02-2026
    
    Date: 24-02-2026
    Business: Adv. Anil Kharatmol for plaintiff present and evidence affidavit. TOR and marked as Exh.9. O- Read and recorded.
    None present for defendant.
    PW-1 absent.
    Matter is adjourned for filing list of documents to 10.04.2026.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 10-04-2026
    
    Date: 10-04-2026
    Business: Adv. Pornima Dhanawade h/f. Adv. Anil Kharatmol for plaintiff present.
    Adv. Vedant Tiwari h/f. Adv. Rohit Joshi for defendant Nos.1 and 2 present.
    Matter is adjourned for filing list of documents as a last chance to 13.07.2026.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 13-07-2026
    
    Date: 13-07-2026
    Business: Adv. Anil Kharatmol for plaintiff present and sought time.
    Adv. Vedant Tiwari h/f. Adv. Rohit Joshi for defendant Nos.1 and 2 present.
    Copy of affidavit of evidence is served to defendant Nos.1 and 2.
    Keep for dismissal order as list of documents not filed.
    Matter is adjourned for dismissal order  to 24.08.2026.
    Next Purpose: DISMISSAL
    Next Hearing Date: 24-08-2026
    
    Date: 24-08-2026
    Business: Adv. Anil Kharatmol for plaintiff present and filed compilation of documents. Copy be serve on other side.
    None present for the defendants.
    Matter is adjourned for dismissal order  to 05.10.2026.
    Next Purpose: DISMISSAL
    Next Hearing Date: 05-10-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 104992/2018
    Filing Date: 06-04-2018
    First Hearing Date: 08th March 2021
    Court Number And Judge: 8-COURT 08 ADDL SESSIONS JUDGE

    Orders

    2
    Interim Order 1
    20 Jun 2025
    Order Details: Other
    Pdf Text: Suit No.653/2021 1 Dated:-20.06.2025
    IN THE BOMBAY CITY CIVIL COURT BOMBAY
    S. C. SUIT NO. 653 OF 2021
    Shri. Pratap Chandrabhai Sharma ...Plaintiff
    V/s
    Shri. Chandan Chittaranjan Sharma and others ...Defendants
    Exh.-08
    I S S U E S
    1. Whether plaintiff proves that the defendants have committed breach
    of Deed of Confirmation dated 29.04.2005, Memorandum of
    Understanding executed in the year 2010 and registered Lease Deed dated
    04.01.2008?
    2. Whether plaintiff proves that Deed of Confirmation dated
    29.04.2005, Memorandum of Understanding executed in the year 2010
    and registered Lease Deed dated 04.01.2008 are duly cancelled?
    3. Whether plaintiff is entitled for declaration as prayed?
    4. Whether suit is barred by limitation?
    5. What is the effect on the rights of plaintiff due to pendency of Suit
    No.156 of 2020?
    6. What order and decree?
    Sd/-
    (R. R. PATARE)
    Date :- 20/06/2025 Judge, C.R. No.8
    Place:- Mumbai City Civil Court, Gr. Mumbai.
    -- 1 of 1 --
    Order 1
    20 Jun 2025
    Order Details: Other
    Pdf Text: Suit No.653/2021 1 Dated:-20.06.2025
    IN THE BOMBAY CITY CIVIL COURT BOMBAY
    S. C. SUIT NO. 653 OF 2021
    Shri. Pratap Chandrabhai Sharma ...Plaintiff
    V/s
    Shri. Chandan Chittaranjan Sharma and others ...Defendants
    Exh.-08
    I S S U E S
    1. Whether plaintiff proves that the defendants have committed breach
    of Deed of Confirmation dated 29.04.2005, Memorandum of
    Understanding executed in the year 2010 and registered Lease Deed dated
    04.01.2008?
    2. Whether plaintiff proves that Deed of Confirmation dated
    29.04.2005, Memorandum of Understanding executed in the year 2010
    and registered Lease Deed dated 04.01.2008 are duly cancelled?
    3. Whether plaintiff is entitled for declaration as prayed?
    4. Whether suit is barred by limitation?
    5. What is the effect on the rights of plaintiff due to pendency of Suit
    No.156 of 2020?
    6. What order and decree?
    Sd/-
    (R. R. PATARE)
    Date :- 20/06/2025 Judge, C.R. No.8
    Place:- Mumbai City Civil Court, Gr. Mumbai.
    -- 1 of 1 --

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