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SUIT - SHORT CAUSE CIVIL SUIT

Silver Land Developers Pvt LtdVsK.K.Smruti CHS Ltd +5 more

CNR MHCC0100487320189-COURT 09 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 15th November 2025

TrustJury record updated 11 Sept 2026

Case Overview

Registration Number
101597/2018
Registration Date
30 Jun 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    7

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 21-07-2018
    Business: C.A.of Plff.present.
    Adv.Mr.Navin Joshi for Deft.no.1 present and filed vakalatnama.
    Plaint marked at Exh.1.
    Vakalatnama at Exh.2.
    Memorandum of Address at Exh.3.
    List of documents at Exh.4.
    Vakalatnama of Adv.for Deft.no.1.
    Adjd.for written statement on 12.09.2018.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 12-09-2018
    
    Date: 12-09-2018
    Business: Matter adj. to 02/11/2018 for service of NM
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 02-11-2018
    
    Date: 02-11-2018
    Reason For Adjournment: court time is over
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 11-02-2019
    
    Date: 11-02-2019
    Business: Adv. Pandey for plaintiff present.
    Adv. Navin Joshi for defendant no.1 present and seeks time to file reply in NM. Granted till next date as plaintiffs advocate has no objection.
    None present for other defendants.
    Adjd. for reply of defendants to 19.03.2019.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 19-03-2019
    
    Date: 19-03-2019
    Business: As court is busy in hearing argument in NM in suit no.8491/93, board is discharged and this suit is adjourned at same stage to 09.07.2019.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 09-07-2019
    
    Date: 09-07-2019
    Business: Adv. Ms. Pande for the Plaintiff present.
    Adv. Mr. Bandal for Defendant  No.1 present.
    Adv. Mr. Kudalkar for Deft./State present.
    Matter is adjd. to 10.10.2019 for reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 10-10-2019
    
    Date: 10-10-2019
    Business: None present  for the Plaintiff.
    Adv. Mr. Deepak Salunkhe for Defendant no. 1 present.
    He has filed pursis for treating written statement as reply to N/M. t.o.r.
    None present  for the Defendant-2 to 5.
    None present  for Defendant-6 (WS )
    Reply not tendered by the defts.
    Matter is adjd. to 13.02.2020 for proof of service of writ of summons of Defendant no. 2 to 5/ N/M reply/ passing no WS order against Defendant nos. 1 to 5.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 13-02-2020
    
    Date: 13-02-2020
    Business: Adv. Meena Pande for plaintiff is present. She seeks time for tendering affidavit of service of defendant no. 2 to 5. O granted.
    Adv. Navin Joshi for defendant no.1 is present.
    Matter is adjd. for service to  17/04/2020.
    Next Purpose: SERVICE
    Next Hearing Date: 17-04-2020
    
    Date: 17-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SERVICE
    Next Hearing Date: 06-05-2020
    
    Date: 06-05-2020
    Next Purpose: SERVICE
    Next Hearing Date: 28-05-2020
    
    Date: 28-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SERVICE
    Next Hearing Date: 15-06-2020
    
    Date: 15-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SERVICE
    Next Hearing Date: 07-11-2020
    
    Date: 07-11-2020
    Business: Due to lockdown because of Covid-19, board is discharged and as per SOP only urgent matters are taken up.
    Next Purpose: SERVICE
    Next Hearing Date: 08-02-2021
    
    Date: 08-02-2021
    Business: None present.
    Last chance is granted to the plaintiff for filing proof of service.
    Matter is adjd. to 15/04/2021 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 15-04-2021
    
    Date: 15-04-2021
    Business: Due to Covid-19
    Next Purpose: SERVICE
    Next Hearing Date: 09-07-2021
    
    Date: 09-07-2021
    Business: due to covid-19
    Next Purpose: SERVICE
    Next Hearing Date: 03-09-2021
    
    Date: 03-09-2021
    Business: Court is on leave.
    Next Purpose: SERVICE
    Next Hearing Date: 02-12-2021
    
    Date: 02-12-2021
    Business: Adv Meena Pandey present for the plaintiff.
    She filed affidavit of service TOR O- filed
    None present for the defendant.
    Plaintiff filed service affidavit. Defendant nos.1 and 6 appeared and filed WS. Defendant nos. 2 to 5 failed to appear before the Court. Hence, NM to proceed without their reply. Matter be listed for NM hearing.
    Matter is adjd. to 03.01.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-01-2022
    
    Date: 03-01-2022
    Business: Court is on Leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-02-2022
    
    Date: 07-02-2022
    Business: As per Office Order No.27 of 2022  dtd.06/02/2022 due to mourn the sad demise of Veteran Singer Bharat Ratna Lata Mangeshkar and High Court, Bombay, vide letter dtd. 06/02/2022 bearing No. RG/1611/09/2022 has declared Holiday on Monday i.e. 07/02/2022. therefore, matter is adjourned on next date.
    Matter is adjd. to 22/04/2022 for N/M  hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-04-2022
    
    Date: 22-04-2022
    Business: Court is busy in hearing High Court time bound matter in Stamp No. 6984/18 and R.E. in Suit No. 3641/2012.
    Hence, board is discharged.
    Matter is adjd. to 05.07.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-07-2022
    
    Date: 05-07-2022
    Business: None present for parties.
    Matter is adjd.to 26-08-2022  for N/m hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-08-2022
    
    Date: 26-08-2022
    Business: None present for parties.
    Matter is adjd. to 02.12.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-12-2022
    
    Date: 02-12-2022
    Business: As court is busy in hearing arguments in NM no. 614/21 in Suit No. and other matters on board. Hence, Matter is adjd. to 25.01.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-01-2023
    
    Date: 25-01-2023
    Business: As Court is busy in dictating Judgment in Suit No. 1544/2019, Recoding Evidence in Suit Nos. 3641/12 and Suit No. 4431/13. Hence, board is discharged.
    Matter is adjourned to 24.03.2023 for Notice of Motion hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-03-2023
    
    Date: 24-03-2023
    Business: court is on leave
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-07-2023
    
    Date: 05-07-2023
    Business: None present for the plaintiff.
    Adv. Mr. Darshan Jain h/f Adv. Kudalkar for defendant No.6 is present.
    Matter is adjourned to 20.09.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-09-2023
    
    Date: 20-09-2023
    Business: None for plaintiff.
    dv. Mr. Amin Patel for defendant No.1 is present.
    Adjourned for NM Hearing to 04.12.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-12-2023
    
    Date: 04-12-2023
    Business: None present for the plaintiff.
    Adv. Mr. Amin Patel for defendant No. 1 is present.
    Adv. Mr. Pathak h/f Adv. Kudalkar for defendant No. 6/State is present.
    It appears from the roznama that matter is pending for NM hearing since many dates. However, plaintiff is not proceeding with the hearing of NM. Hence, NM is kept for order of dismissal.
    Matter is adjourned to 17.02.2024 for NM dismissal.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 17-02-2024
    
    Date: 17-02-2024
    Business: Adv. Mr.Bankim Gangar i/b Adv.  Gangar and Co. for the plaintiff is present.
    Adv. Mr. Amin Patel h/f Adv. Asit Singh for defendant no.1 is present.
    Adv. Mr.Darshan Jain h/f Adv. Kudalkar for the defendant no.6 is present.
    Adv. for plaintiff filed VN for plaintiff marked at Exh-.
    He submitted that today he is appearing in the matter and on next date he will proceed with notice of Motion positively.
    Matter is adjourned to 18.04.2024 for NM Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-04-2024
    
    Date: 18-04-2024
    Business: As the Court is on leave today. Hence, board is discharged and matter is adjourned to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-06-2024
    
    Date: 25-06-2024
    Business: Adv. Mr.Banger for the plaintiff is present.
    Adv. Mr.Amin Patel for defendant No.1 is present.
    Matter is adjourned to 12.08.2024 for NM Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-08-2024
    
    Date: 12-08-2024
    Business: None present for plaintiff.
    Adv. Navin Joshi present for defendant no. 1.
    Plaintiff to remain present and advanced arguments on the next date.
    Matter is adjourned to 21/10/24 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-10-2024
    
    Date: 21-10-2024
    Business: Adv. Bankim Gangar present for plaintiff.
    Adv. Navin Joshi present for defendant no. 1.
    Matter is adjourned to 18/12/24 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-12-2024
    
    Date: 18-12-2024
    Business: None present for plaintiff.
    None present for defendants.
    As both parties and their advocates are absent, Matter is adjourned to 17/02/25 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-02-2025
    
    Date: 17-02-2025
    Business: None present for plaintiff.
    Advocate Navin Joshi for defendant no. 1 present.
    Adv. Suraj Kudalkar present for defendant no. 5 and 6/State.
    None present for defendant no. 2,3 and 4. They failed to appear hence, matter is proceeded exparte against them.
    Record shows that, notice of motion was for argument since long. On 04/12/2023, the NM was kept for dismissal however, on the request of advocate for plaintiff, time was granted for hearing on NM. However, Plaintiff failed to argue NM. Therefore, ON  12/08/2024 specific directions were given to the plaintiff to remain present and advanced arguments on NM. However, the plaintiff failed to argue the NM. Today again the plaintiff and his advocate are absent. The conduct of plaintiff shows that, they are not interested to proceed with the NM. Therefore, NM no. 3617/2018 is dismissed for want of prosecution.
    Matter is adjourned for draft issues to 01/03/25.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 01-03-2025
    
    Date: 01-03-2025
    Business: As the Court is on leave. Board is discharged and the matter stands adjd. to
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 15-03-2025
    
    Date: 15-03-2025
    Business: None present for plaintiff.
    Advocate Kapse for defendant no. 4 and 5/State present.
    None present for other defendants.
    Both parties failed to file draft issues.
    KB for framing of issues.
    Later on at 01.07 pm.
    Adv. T. A. Dhotre h/f Adv. Kudalkar for defendant/State present.
    Issues are framed at Exh.
                                     I S S U E S
    1. 	Whether the plaintiffs prove that they are entitled to the
             residual and proportionate right, title and interest in the land
             equivalent to FSI/TDR assigned to them by the defendant No.1
             as claimed ?
    2.	Whether the plaintiffs are entitled for the declaration as 	claimed   ?
    3. 	What order and decree ?
    Plaintiff to remain present on the next date without fail and lead evidence..
    Matter is adjourned for evidence of plaintiff, witness list/RE to 05-04-2025.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 05-04-2025
    
    Date: 05-04-2025
    Business: None present for plaintiff.
    Adv. T. A. Dhotre for defendant/State present.
    As plaintiff and his advocate are absent, Matter is adjourned for evidence of plaintiff necessary order to 19/04/25.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 19-04-2025
    
    Date: 19-04-2025
    Business: None present for plaintiff.
    Adv. Farkanda Shaikh h/f Adv. Kudalkar present for defendant/State.
    As plaintiff and his advocate are absent, Matter is adjourned for RE to 21/06/25.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 21-06-2025
    
    Date: 21-06-2025
    Business: None present for plaintiff.
    Adv. Naveen Joshi present for defendant no. 1.
    As plaintiff and his advocate are absent, Matter is adjourned to 30/07/25  for RE.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 30-07-2025
    
    Date: 30-07-2025
    Business: None present for plaintiff.
    Adv. Kudalkar present for defendant no. 4 and 5/State.
    None present for other defendants.
    As plaintiff and his advocate are absent, since long, Matter is adjourned for dismissal order to 03/10/25. (Morning session)
    Next Purpose: DISMISSAL
    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: DISMISSAL
    Next Hearing Date: 15-11-2025
    
    Date: 15-11-2025
    Business: None present for plaintiff when called at 12.04pm
    Adv. Naveen Joshi present for defendant no.1.
    Adv. T. A. Dhotre h/f Adv. Kudalkar for defendant no.4/State present.
    The plaintiff is continuously absent hence by order dated 17.02.2025 the matter is adjourned for dismissal order. However, issues were not framed hence, issues were framed on 15.03.2025 and matter was adjourned for evidence. It is specifically mentioned that the plaintiff is continuously absent and not proceeded with the matter. All the matters which are fixed for dismissal order are taken up on third Saturday, therefore the present matter is also kept today for dismissal order. It is further to note that keeping the matter on any fixed date for dismissal order will also give an opportunity to the parties and advocates to appear on that particular date and to take steps, if they want to proceed with the matter. Despite that none appeared for the plaintiff. This reflects that the plaintiff is not interested to proceed further with the suit. Hence this Court is of the opinion that the plaintiff is not interested and must have lost interest in the matter. Thus for want of prosecution the Suit is dismissed. Interim Orders if any, stands vacated. The original documents filed, if any, be returned to the plaintiff or defendant on substitution on its verified or certified copies, as per the requirement, after due verification and confirmation. (A. M. BHANDARWAR)  Judge, City Civil Court, Gr. Bombay.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 15-11-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 105320/2018
    Filing Date: 13-04-2018
    First Hearing Date: 21st July 2018
    Decision Date: 15th November 2025
    Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE

    Orders

    4
    Final Order 1Full order available
    15 Nov 2025

    Order Details: Other Pdf Text: 15.11.2025 Sr. No. 51 CORAM: H.H.J. A.M. BHANDARWAR, (C.R. NO.09) SU 1597/2018 None present for plaintiff when called at 12.04pm Adv. Naveen Joshi present for defendant no.1. Adv. T. A. Dhotre h/f Adv. Kudalkar for defendant no.4/State present. The plaintiff is continuously absent hence by order dated 17.02.2025 the matter is adjourned for dismissal order. However, issues were not framed hence, issues were framed on 15.03.2025 and matter was adjourned for evidence. It is specifically…

    Read Full Order
    Interim Order 2
    15 Mar 2025
    Order Details: Other
    Pdf Text: EXHIBIT- 10
    IN THE BOMBAY CITY CIVIL COURT AT GREATER MUMBAI
    S.C. SUIT NO. 1597 OF 2018
    M/s. Silver Land Developers Pvt. Ltd. ].. Plaintiffs.
    V/s
    K. K. Smruti Co-operative Housing Society & Ors. ].. Defendants.
    CORAM : HER HONOUR JUDGE
    A. V. KASTURE
    (C.R. No. 09).
    DATE : 15th MARCH, 2025
    I S S U E S
    1. Whether the plaintiffs prove that they are entitled to the residual
    and proportionate right, title and interest in the land equivalent
    to FSI/TDR assigned to them by the defendant No.1 as claimed ?
    2. Whether the plaintiffs are entitled for the declaration as
    claimed ?
    3. What order and decree ?
    -Sd/
    (A. V. KASTURE)
    Judge
    City Civil Court, Mumbai.
    Date: 15.03.2025 (C.R. No.09)
    -- 1 of 1 --
    Order 1Full order available
    15 Nov 2025

    Order Details: Other Pdf Text: 15.11.2025 Sr. No. 51 CORAM: H.H.J. A.M. BHANDARWAR, (C.R. NO.09) SU 1597/2018 None present for plaintiff when called at 12.04pm Adv. Naveen Joshi present for defendant no.1. Adv. T. A. Dhotre h/f Adv. Kudalkar for defendant no.4/State present. The plaintiff is continuously absent hence by order dated 17.02.2025 the matter is adjourned for dismissal order. However, issues were not framed hence, issues were framed on 15.03.2025 and matter was adjourned for evidence. It is specifically…

    Read Full Order
    Order 2
    15 Mar 2025
    Order Details: Other
    Pdf Text: EXHIBIT- 10
    IN THE BOMBAY CITY CIVIL COURT AT GREATER MUMBAI
    S.C. SUIT NO. 1597 OF 2018
    M/s. Silver Land Developers Pvt. Ltd. ].. Plaintiffs.
    V/s
    K. K. Smruti Co-operative Housing Society & Ors. ].. Defendants.
    CORAM : HER HONOUR JUDGE
    A. V. KASTURE
    (C.R. No. 09).
    DATE : 15th MARCH, 2025
    I S S U E S
    1. Whether the plaintiffs prove that they are entitled to the residual
    and proportionate right, title and interest in the land equivalent
    to FSI/TDR assigned to them by the defendant No.1 as claimed ?
    2. Whether the plaintiffs are entitled for the declaration as
    claimed ?
    3. What order and decree ?
    -Sd/
    (A. V. KASTURE)
    Judge
    City Civil Court, Mumbai.
    Date: 15.03.2025 (C.R. No.09)
    -- 1 of 1 --

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