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SUIT - SHORT CAUSE CIVIL SUIT

Kahini Developers Pvt LtdVsMr. Amin Khan E Sirguroh +1 more

CNR MHCC01005007201864-COURT 64 AD-HOC ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
PENDING

TrustJury record updated 12 Sept 2026

Case Overview

Registration Number
101152/2018
Registration Date
21 Apr 2018
Next Hearing Date
24 Sept 2026
Case Stage
SERVICE

Advocates

1

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1

    Case History / Proceedings

    Case History
    Date: 11-06-2018
    Reason For Adjournment: court time is over
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 21-06-2018
    
    Date: 21-06-2018
    Business: Adv.Mr.Ajit Shinde for defendant no.2 present.
    Adv. Mr.Vyas  for plaintiff present.
    Advocate Mr. Mathew for defendant no.1
    Already tendered Vakalatnama of the advocate for the plaintiff.
    Vakalatnama tendered by defendant no.1 t.o.r.
    Vakalatnama tendered by defendant no.2 t.o.r.
    The plaintiff has given undertaking that he will serve the copies of the all the documents along with the copy of N/M to the defendant no.1. Defendant no.1 has waived service of writ of summons.
    Registered N/M  No.1778/2018  tendered by the plaintiff t.o.r.
    In view of undertaking, it is just to give opportunity to defendant no.1 alongwith defendant no.2 to file reply to N/M.
    Draft Ch/s alongwith Affidavit in support taken out by the plaintiff for seeking amendment in the suit. t.o.r.
    Leave granted to register.
    Matter adjd. to 10.08.2018  for compliance by the plaintiff in respect of defendant no.1/reply to N/M and W/s by defendant no.2/ affidavit service of Chamber Summons of defendant no.1.  Serve immediately.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 10-08-2018
    
    Date: 10-08-2018
    Business: Adv. Mr. Dubhash for the Plaintiff present.
    Adv. Mr. Jain for Defendant no. 2 present.
    Adv Mr. Mathue for deft no. 1 present.
    Affidavit of service tendered by the plff. t.o.r
    Vakalatnama by respondent in Ch/s . t.o.r.
    Matter is adjd. to 31.08.2018 for reply to Ch/s/ Ch/s hearing/ reply to N/M/ W.S by deft nos. 1 and 2.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 31-08-2018
    
    Date: 31-08-2018
    Business: Adv. Dubhash for the Plaintiff present.
    Adv. Mathew for D-1 present.
    Adv. P Ranjan for D-2 present.
    Reply tendered by respondent in Ch/S. TOR.
    D-1 and 2 have failed to file reply to Ch/s, hence no reply order in Ch/S 1053/18 is passed against D-1 and 2.
      Heard Ld. Adv. for the plaintiff and defendants No.1 and 2 and respondent.
       It seems from the reply of the respondent that the respondent is in the possession of the suit godown since much more than 6 months prior to filing of the present suit. Present suit is filed u/s. 6 of the Specific Relief Act and, therefore, considering the fact that respondent is in possession as on today, the suit godown he being the necessary party, Chamber summons is to be allowed in the interest of justice. Hence, I proceed to pass the following order.
    ORDER
    1.  Chamber summons no.1053/18 is made absolute in terms of prayer clause (a) and (b).
    2.  The plaintiff is hereby directed to carry out amendment as per the schedule annexed to the Chamber Summons on or before next date and further directed to place on record amended copy of the suit plaint and also furnish amended copy of the suit plaint to defendant No.1 and 2 and newly added defendant No.3.
    3. Newly added defendant No.3 is directed to file written statement on next date.
    4.  Chamber summons stands disposed of accordingly.
    Matter is adjd. to 16.10.18 for compliance by plaintiff/reply to NM by D-2/passing no WS order against D-1 and 2/WS by newly added D-3.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 08-10-2018
    
    Date: 08-10-2018
    Business: By precipe.
    Adv. Mr. D\''Silva for the Plaintiff present.
    Draft Notice of Motion alongwith affidavit in support taken out by the plaintiff. t.o.r. Leave granted to register.
    Already matter is adjd. to 16.10.2018.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-10-2018
    
    Date: 16-10-2018
    Business: None present for the Plaintiff.
    None present for the Defendant.
    None present for the Plaintiff.
    Court busy in hearing argument in SU 994/17, hence board discharged.
    Matter is adjd. to 25.10.2018 for NM reply/rejoinder.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 25-10-2018
    
    Date: 25-10-2018
    Business: Adv. Mr. Dubhash for the Plaintiff present.
    Adv. Mr. S. Mathu for deft no. 1 present.
    Adv. Mr. P. Ranjan for deft no. 2 present.
    Adv. Ms. P. C. Contractor for Defendant 3  present.
    Written Statement tendered by deft no. 1. t.o.r. O-filed.
    Written Statement tendered by deft no. 2. t.o.r. O-filed.
    Written Statement tendered by deft no. 3. t.o.r. O-filed.
    Original Notice of Motion no. 3817/18 alongwith affidavit in support tendered by the plaintiff. t.o.r.
    Adv for defts have submitted that they will not create any third party interest in respect of the suit premises. Their statement is accepted.
    Deft no. 3 has made statement that deft no. 3 adopting their W.S as reply to N/M.
    Matter is adjd. to 11.02.2019 for two N/M hearing/ draft issues.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-02-2019
    
    Date: 11-02-2019
    Business: Adv. Mr. Dubhash for the Plaintiff present.
    Adv. Mr. S. Mathue for Defendant no. 1 present.
    Adv. Ms. Doshi for defendant no. 2 present.
    Arguments heard.
    By consent matter is adjd. to 22.03.2019 for reply arguments.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-03-2019
    
    Date: 22-03-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-06-2019
    
    Date: 22-03-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-06-2019
    
    Date: 22-03-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-06-2019
    
    Date: 10-06-2019
    Business: Adv. Dubash for plaintiff present.
    Adv. S. Mathew for defendant no. 1 present.
    Adv. P. Ranjan for defendant no. 2 present.
    Adv. Firoz Contractor for defendant no. 3 present.
    Heard argument on NM No. 3817/18 and 1778/18
    Adjourned for order on NM No. 3817/18 and 1778/18 to 14.6.2019.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 14-06-2019
    
    Date: 14-06-2019
    Business: Advocate for parties present.
    Court is busy in hearing other matters.
    Adjourned for order on NM No. 3817/18 and 1778/18 to 15.6.2019.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 15-06-2019
    
    Date: 15-06-2019
    Business: Plaintiff present.
    None present for defendants.
    FRSR following common order is passed below Notice of Motion No.1778/2018 and Notice of Motion No. 3817/18
    1. Notice of Motion No. 1778/2018 and Notice of Motion No. 3817/2018 stands rejected.
    2. Cost in the cause.
    3.  Notice of Motion No. 1778/2018 and 3817/2018 are disposed of accordingly.
    _____________________________________________
    Adjourned for filing draft issues to 20.8.2019.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 20-08-2019
    
    Date: 20-08-2019
    Business: Director of plaintiff present.
    Adv. Shetty for defendant no. 2 present.
    Adjourned for framing issues to 15.10.2019.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 15-10-2019
    
    Date: 15-10-2019
    Business: Adv. D\''silva for plaintiff present.
    Adv. Jain for defendant no. 2 present.
    Adjourned for issues to 18.1.2020.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 18-01-2020
    
    Date: 18-01-2020
    Business: Adv. Sule for plaintiff present.  Director of plaintiff company Mr. Yogesh Upadhya present.
    None for deft.
    Issues framed.
    The matter is adjd for list of witness/evidence to 20.03.2020.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 20-03-2020
    
    Date: 20-03-2020
    Business: None present.
    In view of advisory of Hon\''ble High Court concerning COVID-19, the matter is adjourned.
    The matter is adjd for evidence to 29.06.2020.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 29-06-2020
    
    Date: 29-06-2020
    Business: In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 13-10-2020
    
    Date: 13-10-2020
    Business: Both the parties are absent. Due to Covid-19, the matter is adjourned to 21.12.2020.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 21-12-2020
    
    Date: 21-12-2020
    Business: None present.
    The matter is adjd for evidence to 18.03.2021.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 18-03-2021
    
    Date: 18-03-2021
    Business: Adv. D\''silva for plaintiff present.
    Adv. Doshi for deft. no.2 present.
    Ld. counsel for plaintiff seeks time to adduce evidence.  Granted as a last chance.
    The matter is adjd for evidence to 21.06.2021.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 21-06-2021
    
    Date: 21-06-2021
    Business: As P.O is for conducting the training programme and assessing the performance of the Potential Trainer for 40 hrs Online Mediation Training Programme  for the Judicial Officers scheduled to be held from 21st to 25th June and 28th to 30th June,2021.
    Matter adjd to 18/08/2021.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 18-08-2021
    
    Date: 18-08-2021
    Business: Adv. Vasim Shaikh for plff is present.
    None for deft.
    On oral request, matter adjd for evidence. Last chance is granted for evidence.
    Matter adjd for R/E on 26.11.2021.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 26-11-2021
    
    Date: 26-11-2021
    Business: P.O. is on leave. Matter adjd to
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 08-03-2022
    
    Date: 08-03-2022
    Business: Adv. Wasim Shaikh for pltff present.
    Adv. Amrin Shaikh for deft no. 1 present.
    Adv. Santosh Salekar for deft no. 2 present.
    Matter is adjourned by way of last chance.
    Matter is adjd to 23/06/2022 for RE.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 23-06-2022
    
    Date: 23-06-2022
    Business: Plaintiff Yogesh Upadhay is present.
    None present for defendant.
    On oral request of plaintiff matter adjourned for evidence by way of last chance.
    Matter adjd to 22.08.2022 for evidence.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 22-08-2022
    
    Date: 22-08-2022
    Business: P.O. is on leave. Matter is adjd. to
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 21-11-2022
    
    Date: 21-11-2022
    Business: Adv. Wasim Shikh for plaintiff is present.
    Adv. M.M. Shaikh for defendant no.3 is present.
    Roznama shows that on previous date last chance given to the plaintiff to adduce the evidence. However, Ld. Adv. for plaintiff seeking an adjournment. Thus considering the request matter is adjourned for evidence subject to payment of cost of Rs.500/- paid to DLSA, Mumbai.
    Matter adjd to 20.01.2023 for evidence.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 20-01-2023
    
    Date: 20-01-2023
    Business: Adv. Wasim Shaikh for plaintiff is present.
    Adv. Santosh Salekar for defendant no.2 is present.
    On oral request of Ld.Adv.for plaintiff matter adjourned for evidence.
    Matter adjd to 23.03.2023 for evidence of plaintiff.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 23-03-2023
    
    Date: 23-03-2023
    
    Date: 12-06-2023
    Business: Adv. Wasim Shaikh for plaintiff is present.
    Adv. M. M. Shaikh h/f P. C. Contractor for defendant No.3 is present.
    The plaintiff has filed affidavit of examination in chief of PW-01-Pankaj Mehta. TOR. Exh-10. O-read and recorded.
    Copy supplied to other side.
    Matter adjd to 22.08.2023 for filing of documents.
    Next Purpose: FOR___________________
    Next Hearing Date: 22-08-2023
    
    Date: 22-08-2023
    Business: Adv. Mansi Shah for plaintiff is present.
    Adv. Santosh Salekar for defendant is present.
    On oral request of the ld. Adv for the plaintiff, matter is adjourned for filing documents.
    Matter adjd to 30.10.2023 for filing documents.
    Next Purpose: FOR___________________
    Next Hearing Date: 30-10-2023
    
    Date: 30-10-2023
    Business: Adv.Wasim Shaikh for plaintiff is present.
    None for defendant is present.
    On oral request of Ld. Advocate Plaintiff.
    Matter adjd to 21-12-2023 for filing of documents .
    Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
    Next Hearing Date: 21-12-2023
    
    Date: 21-12-2023
    Business: Adv. Wasim Shaikh for plaintiff is present.
    Adv. Santosh Salekar for defendant no. 2 is present.
    On oral request of Ld. Adv for plaintiff matter is adjourned for filing documents.
    Matter adjd to 21.02.2024 for filing documents.
    Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
    Next Hearing Date: 21-02-2024
    
    Date: 21-02-2024
    Business: IN THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO. 61
    This court newly formed on 02.01.2024.
    Matter transferred from CRNo.
    Adv. Wasim Shaikh for plaintiff present and filed list of compilation t.o.r. and marked as Exh.11 O- Other side to say.
    PW present.
    None for defendant.
    Matter adjourned for other side to say on Exh.11 to 15-04-2024.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 15-04-2024
    
    Date: 15-04-2024
    Business: Adv. Mansi Utekar h/f Adv. Wasim Shaikh for plaintiff present.
    Adv. Santosh Salekar for defendant No.2 present.
    Adv. for plaintiff supplied copy of document today to adv. for defendant.
    Adjd for say on Exh.11 to next date.
    Matter adjourned for  say on Exh.11 to 08/07/2024.
    Next Purpose: FILING SAY
    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
    Adv. Vasim Shaikh i/b Adv. Pravin Mehta for  plaintiff is present.
    Adv. M.M Shaikh i/b P. C. Contractor for defendant No.3 is present.
    None for other defendants.
    Matter adjourned for filing say on Exh.11 to 24-09-2024.
    Next Purpose: FILING SAY
    Next Hearing Date: 24-09-2024
    
    Date: 24-09-2024
    Business: PO is on leave.
    Next Purpose: FILING SAY
    Next Hearing Date: 04-12-2024
    
    Date: 04-12-2024
    Business: Adv. Mansi Utekar i/b Wasim Shaikh for plaintiff is present.
    Adv. M. M. Shaikh for defendant No.3 is present and seeks time.
    Matter adjourned for hearing on documents at Exh-11 to 07.03.2025.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 07-03-2025
    
    Date: 07-03-2025
    Business: Representative of plaintiff namely Yogesh Upadhyay a/w Adv. Wasim Shaikh is present.
    Adv. Hitekshi Bhanushali h/f Adv. P. C. Contractor for defendant No.3 is present. She seeks time.
    None for other defendants.
    Matter adjourned for hearing on documents of plaintiff at Exh-11 to 28.04.2025.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 28-04-2025
    
    Date: 28-04-2025
    Business: Adv. Wasim Shaikh for plaintiff is present.
    None for defendants No.1 and 2.
    Adv. M. M. Shaikh h/f Adv. P. C. Contractar for defendant No.3 is present. He seeks time.
    Matter adjourned for filing say on documents of plaintiff at Exh-11 by defendants to 24.06.2025.
    Next Purpose: FILING SAY
    Next Hearing Date: 24-06-2025
    
    Date: 24-06-2025
    Business: Adv. Wasim Shaikh for plaintiff is present.
    None for defendant.
    K.B.
    Later on at 1.15 p.m.
    Defendant and their advocate absent. No say file on Exh-11. Exh-11 to proceed without say.
    Matter adjourned for hearing on documents at Exh-11 to 14.08.2025.
    Next Purpose: HEARING
    Next Hearing Date: 14-08-2025
    
    Date: 14-08-2025
    Business: None for plaintiff.
    None for defendants.
    K.B.
    Later on at 11.42 a.m.
    Adv. Mansi Utekar h/f Adv. Wasim Shaikh for plaintiff is present.
    Matter adjourned for hearing on documents at Exh-11 to 06.11.2025.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 17-09-2025
    
    Date: 17-09-2025
    Business: IN THE COURT OF H.H.J. A. C. DAGA JUDGE CITY CIVIL COURT C.R. NO. 61
    By Preceipi.
    NOB TOB.
    Adv. Wasim Shaikh for plaintiff is present and moved preceipi. TOR. Marked as Exh-12. O- Taken on todays board. He also filed draft CS and NM a/w affidavits in support. O- Leave is granted to register. Copy be served upon other side.
    Matter adjourned for tendering registered CS and NM and filing affidavit of service to 06.11.2025.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 06-11-2025
    
    Date: 06-11-2025
    Business: The P.O. is on leave.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 04-12-2025
    
    Date: 04-12-2025
    Business: PO is on leave.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 24-12-2025
    
    Date: 24-12-2025
    Business: IN THE COURT OF H.H.J. A. C. DAGA JUDGE CITY CIVIL COURT C.R. NO. 61
    Adv. Dalal i/b Pravin Mehta and Mithi and Co. for plaintiff is present and filed affidavit of service in CS No.2378/2025. TOR.
    None for defendant
    Matter adjourned for CS and NM reply/hearing to 09.01.2026.
                                                                                     Judge
    Next Purpose: C/S REPLY
    Next Hearing Date: 09-01-2026
    
    Date: 09-01-2026
    Business: IN THE COURT OF H.H.J. H. M. BHOSALE JUDGE CITY CIVIL COURT C.R. NO. 61
    Adv. Vassim Shaikh i/b Pravin Mehta Mithi and Co. for plaintiff is present and tendered registered CS No.2378/2025 a/w affidavit in support and also tendered registered NM No.5246/2025 a/w affidavit in support.
    None for defendant.
    Matter adjourned for NM and CS reply to 17.02.2026.
                                                                                     Judge
    Next Purpose: C/S REPLY
    Next Hearing Date: 17-02-2026
    
    Date: 17-02-2026
    Business: IN THE COURT OF H.H.J. V. G. RAGHUWANSHI JUDGE CITY CIVIL COURT C.R. NO. 61
    Adv. Vasim Shaikh i/b Pravin Mehta Mithi and Co. for plaintiff is present.
    None for defendants.
    Defendants failed to file their reply to CS No.2378/2025 and NM No.5246/2025. They shall be heard without reply of defendants.
    Matter adjourned for CS hearing to 10.04.2026.
                                                                                     Judge
    Next Purpose: C/S  HEARING
    Next Hearing Date: 10-04-2026
    
    Date: 10-04-2026
    Business: IN THE COURT OF H.H.J. SHRI. R. V. BHAKTA JUDGE CITY CIVIL COURT C.R. NO. 61
    Adv. Dalal a/w Adv. Vasim Shaikh for plaintiff is present and filed affidavit of service of summons of the CS No.2378/2025 to respondent in CS Abbas Bootwala. It shows that the summons is duly served to him. However despite of this he has failed to appear before this Court. Hence CS be proceeded ex-parte against him. Similarly the notice of CS is also served to respondent No.1 in CS who is  defendant No.2 in suit however no body is present from the society. Hence CS be heard ex-parte against society.
    None for defendants.
    Matter adjourned for hearing on CS to 04.05.2026.
                                                                                     Judge
    Next Purpose: C/S  HEARING
    Next Hearing Date: 04-05-2026
    
    Date: 04-05-2026
    Business: IN THE COURT OF H.H.J. SHRI. R. V. BHAKTA JUDGE CITY CIVIL COURT C.R. NO. 61
    Adv. Zubin Dalal a/w Adv. Vasim Shaikh for plaintiff is present.
    None for defendants.
    K.B.
    Later on at 3.51 p.m.
    Adv. Vasim Shaikh for plaintiff is present.
    None for defendants.
    Matter adjourned for CS hearing to 30.06.2026.
                                                                                     Judge
    Next Purpose: C/S  HEARING
    Next Hearing Date: 30-06-2026
    
    Date: 30-06-2026
    Business: Matter received from CR. No.61
    Adv Zulrin Dalal along with Vasim Shaikh for plaintiff present.
    None present for defendant.
    Matter is adjd to 16.07.2026 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 16-07-2026
    
    Date: 16-07-2026
    Business: Adv. Mihir Boghani i/b Pravin Mehta Mithi and Co for plaintiff present
    None present for defendant.
    Plaintiff to issue notice of NM and chamber summons to defendant No.3 through court bailiff
    Matter is adjd to 12.08.2026 for service report.
    Next Purpose: SERVICE
    Next Hearing Date: 12-08-2026
    
    Date: 12-08-2026
    Business: P.O. IS ON OFFICIAL TRAINING.
    Next Purpose: SERVICE
    Next Hearing Date: 24-09-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 105430/2018
    Filing Date: 17-04-2018
    First Hearing Date: 11th June 2018
    Court Number And Judge: 64-COURT 64 AD-HOC ADDL SESSIONS JUDGE

    Orders

    0

    No order text is available in this record.

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