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SUIT - SHORT CAUSE CIVIL SUIT

Dalamal House Commercial Complex CHSVsDashing Aamdar Ram Kadam Kamgar Union +5 more

CNR MHCC0100502520183-COURT 03 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DECREED
Decision Date: 20th September 2022

TrustJury record updated 12 Sept 2026

Case Overview

Registration Number
101162/2018
Registration Date
20 Apr 2018

Advocates

1

For Respondent

    Not available

    Parties

    7

    Acts & Sections

    1
    Hindu Marriage Act · Sec 34 · 38

    Case History / Proceedings

    Case History
    Date: 08-06-2018
    Business: Adv. Hiranandani for plaintiff present and filed original writ of summons and affidavit of service. As per this affidavit, all the defendants are served. But they have not entered appearance. Hence suit to proceed exparte against defendants.
    Original notice of motion not tendered by plaintiff.
    Matter adj. for Compliance to 27.08.2018.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 27-08-2018
    
    Date: 27-08-2018
    Business: Adv. Nitin Vhatkar for plaintiff present and tendered original notice of motion no. 1866/2018 alongwith affidavit.
    None for defendant.
    The defendants have not entered appearance despite service of writ of summons. Hence suit  to proceed exparte against defendants.
    Matter adj. for NM Hearing to 03.11.2018.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-11-2018
    
    Date: 03-11-2018
    Business: Adv. Matkar for plaintiff present.
    None for defendant.
    Matter adj. for NM Hearing to 12.03.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-03-2019
    
    Date: 12-03-2019
    Business: None for plaintiff.
    None for defendant.
    Matter adj. for NM Hearing to 26.07.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-07-2019
    
    Date: 26-07-2019
    Business: None present for plaintiff and defendant.
    Court is busy in dictating order in suit no. 2218/17 and 1289/15.
    Hence, Matter stands Adj for NM hearing to 18.09.19.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-09-2019
    
    Date: 18-09-2019
    Business: Adv. Nitin Matkar for plaintiff present.
    None present for defendant.
    Suit proceeded ex-parte against defendants.
    Matter stands Adj for hearing on NM to 07.11.19.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-11-2019
    
    Date: 07-11-2019
    Business: Adv. Nitin Watkar for plaintiff present.
    None present for defendant.
    Suit has proceeded exparte against the defendants. Ld. counsel for plaintiff submitted that this court has granted ad interim protection to the plaintiff vide order dated 26.04.18. It may be confirmed.
    Considering the fact that, suit has proceeded Ex-parte. Ad-interim order dated 26.04.18 is hereby confirmed during the pendancy of the suit. NM no. 1866/18 is disposed of accordingly.
    Matter stands Adj for Ex-parte evidence to 09.01.20.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 09-01-2020
    
    Date: 09-01-2020
    Business: Adv. Nitin Vatkar for plaintiff present and seeks time to file evidence affidavit. Time granted.
    None present for defendant.
    Matter stands Adj for Ex-parte evidence to 22.01.2020.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 22-01-2020
    
    Date: 22-01-2020
    Business: Adv. Vatkar for plaintiff present and filed evidence affidavit and list of documents along with documents.
    Evidence affidavit. TOR.
    List of documents with documents.  O-Keep it for hearing on exhibiting documents.
    None present for defendant.
    Court is busy in dictating order in suit no. 3346/12. Hence, board is discharged.
    Matter stands Adj for hearing on documents to 16.03.2020.
    Next Purpose: HEARING
    Next Hearing Date: 16-03-2020
    
    Date: 16-03-2020
    Business: Adv. Nitin Watkar for plaintiff present.
    None present for defendant.
    Gopal Maheshwari, PW-1 present.
    Heard Ld. counsel for plaintiff on exhibiting documents at Ex-3 with reference to evidence affidavit at Ex-2.
    Documents at Sr no. 1, 2, 4 and 6 to 9 are either original or office copy of original and document at Sr. no. 10 is internet copy of the order of Hon\''ble High Court respectively. Document at Sr. mno.03 is the Xerox copy and there are averments in the para 05 of evidence affidavit regarding the same. Document at Sr. no. 05 is excess copy of document at Sr. no. 07. Hence, it may be omitted.
    In view of the above, Document at Sr. no. 1 to 4 and 06 to 10 are marked and exhibited at Exh. 4 to 12.
    Original letter dated 26.12.2017 from defendants to the plaintiffs.
    The office copy of the letter dated 05.01.2018 from the Plaintiffs advocate to the defendants along with original courier receipts.
    Xerox copy of the letter from the defendants to the plaintiffs.
    Office copy of letter dated 15.01.2018 from the plaintiffs advocate to the defendants.
    Copy of the letter dated 03.02.2018 of Shri. Sangeet Bhatt alongwith his medical papers.
    Office copy of the letter dated 16.02.2018 from the plaintiffs advocate to the defendants.
    Original letter dated 03.04.2018 of the charter of Demand of the defendants.
    The letter dated 09.04.2018 from the plaintiffs advocate to the defendants.
    Copy of the Judgment passed in writ petition No. 1858 of 2018 passed by the Hon\''ble High Court.
    Matter stands Adj for cross-examination of PW-1 to 11.06.2020.
    Next Purpose: RECORDING EVIDENCE P.H.
    Next Hearing Date: 11-06-2020
    
    Date: 11-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: RECORDING EVIDENCE P.H.
    Next Hearing Date: 03-08-2020
    
    Date: 03-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: RECORDING EVIDENCE P.H.
    Next Hearing Date: 07-10-2020
    
    Date: 07-10-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: RECORDING EVIDENCE P.H.
    Next Hearing Date: 19-10-2020
    
    Date: 19-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: RECORDING EVIDENCE P.H.
    Next Hearing Date: 08-12-2020
    
    Date: 08-12-2020
    Business: None present for plaintiff and defendant.
    Matter stands Adj for Recording Evidence P.H. to 25.01.2021
    Next Purpose: RECORDING EVIDENCE P.H.
    Next Hearing Date: 25-01-2021
    
    Date: 25-01-2021
    Business: Advocate Nitin Vhatkar for plaintiff present and filed evidence closing pursis of PW1. TOR and marked as Exh.13.
    O- Seen.
    None for defendants.
    The case is adjourned to 04.03.2021  for RE(PH).
    Next Purpose: RECORDING EVIDENCE P.H.
    Next Hearing Date: 04-03-2021
    
    Date: 04-03-2021
    Business: Advocate Nitin Vhatkar for plaintiff present.
    None for defendant.
    The case is adjourned to 16.04.2021 for arguments.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 16-04-2021
    
    Date: 16-04-2021
    Business: Declared holiday as per Office Order 81 of 2021
    Next Purpose: ARGUMENTS
    Next Hearing Date: 07-07-2021
    
    Date: 07-07-2021
    Business: court is vacant
    Next Purpose: ARGUMENTS
    Next Hearing Date: 11-08-2021
    
    Date: 11-08-2021
    Business: Matter called out at 11.20 a.m.
    None present for the plaintiff and defendant.
    Matter stands adjourned to 09.09.2021 for Arguments.
    Later on at 2.50 p.m.
    Adv. Nitin Vhatka for plaintiff present.
    Matter adjourned to 28.09.2021 for Arguments.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 28-09-2021
    
    Date: 28-09-2021
    Business: Matter called out at 11.14 a.m.
    Adv. Nitin Vhatkar I/b Gautam Hiranandani for plaintiff present.
    He tendered written notes of argument. TOR. Exh.14
    None present for defendant.
    Matter stands adjourned to 20.10.2021 for further argument.
                                                                                                     Judge
    Next Purpose: ARGUMENTS
    Next Hearing Date: 20-10-2021
    
    Date: 20-10-2021
    Business: Matter called out at 11.26 a.m.
    Adv. Nitin Vhatla I/b Gautam Hiranandani for plaintiff present.
    None present for defendant.
    Matter stands adjourned to 22.11.2021 for exparte arguments.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 22-11-2021
    
    Date: 22-11-2021
    Business: Court is on leave. Hence, Board is discharged.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 04-01-2022
    
    Date: 04-01-2022
    Business: Matter called out at 12.24 p.m.
    Adv. Nitin Vhatkar I/b Gautam Hiranandani for plaintiff present.
    None present for defendant.
    Matter stands adjourned to 24.01.2022 for arguments.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 24-01-2022
    
    Date: 24-01-2022
    Business: None present.
    Matter stands adjourned to 02.03.2022 for arguments.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 02-03-2022
    
    Date: 02-03-2022
    Business: Matter called out at 11.19 a.m.
    Adv. G. S. Hiranandani for plaintiff present.
    None present for defendant.
    Matter stands adjourned to 27.04.2022 for Hearing.
    Next Purpose: HEARING
    Next Hearing Date: 27-04-2022
    
    Date: 27-04-2022
    Business: Adv. G. S. Hiranandani for plaintiff present.
    None for defendant.
    As court is busy in final argument of Suit No. 594/2008.
    Matter stands adjourned to 14.06.2022 for exparte-argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 14-06-2022
    
    Date: 14-06-2022
    Business: Adv. Nitin Vhatkar for plaintiff present.
    None present for defendant.
    Matter stands adjourned to 14.07.2022 for argument
    (p.h)/submitting the documents.
    Next Purpose: ARGUMENT P.H.
    Next Hearing Date: 14-07-2022
    
    Date: 14-07-2022
    Business: Adv. Nitin Vhatkar for plaintiff present.
    He tendered additional documents. TOR. Exh.15.
    None present for defendant.
    Matter stands adjourned to 20.08.2022 for Arguments (p.h)
    Next Purpose: ARGUMENT P.H.
    Next Hearing Date: 20-08-2022
    
    Date: 20-08-2022
    Business: Adv. Nitin Vhatkar for plaintiff present.
    None present for defendant.
    Heard advocate for plaintiff.
    Matter stands adjourned to 20.09.2022 for Exparte Argument (p.h).
    Next Purpose: ARGUMENT P.H.
    Next Hearing Date: 20-09-2022
    
    Date: 20-09-2022
    Business: Adv. Nitin Vatkar I/b Adv. Gautam Hiranandani for plaintiff present.
    None present for defendant.
    Judgment. Exh.16.
    Operative Part. Exh.16-A.
    ORDER
    1Suit No.1162/2018, is hereby partly decreed.
    2The defendants are hereby permanently restrained in indulging the violent protest against the plaintiff society and from causing disturbance of the day-to-day functioning of the society.
    3.Parties to bear their own costs.
    4.Decree be drawn up accordingly.
    (Judgment pronounced in open Court)
    Nature Of Disposal: DECREED
    Disposal Date: 20-09-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 105450/2018
    Filing Date: 17-04-2018
    First Hearing Date: 08th June 2018
    Decision Date: 20th September 2022
    Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    20 Sept 2022

    Order Details: Copy of Judgment Pdf Text: ..1.. MHCC010050252018 Presented on : 17/04/2018 Registered on : 20/04/2018 Decided on : 20/09/2022 Duration : 04 Y 05 M 04 D IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI EXHIBIT NO. S. C. SUIT NO.1162 OF 2018 Dalamal House Commercial complex CHS. A Society registered under the Maharashtra Co operative Societies Act, 1960, having their office at 206, Jamnalal Bajaj Marg, Nariman Point, Mumbai 400 021, through their Secretary Shri. Gopal…

    Read Full Order
    Order 1Full order available
    20 Sept 2022

    Order Details: Copy of Judgment Pdf Text: ..1.. MHCC010050252018 Presented on : 17/04/2018 Registered on : 20/04/2018 Decided on : 20/09/2022 Duration : 04 Y 05 M 04 D IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI EXHIBIT NO. S. C. SUIT NO.1162 OF 2018 Dalamal House Commercial complex CHS. A Society registered under the Maharashtra Co operative Societies Act, 1960, having their office at 206, Jamnalal Bajaj Marg, Nariman Point, Mumbai 400 021, through their Secretary Shri. Gopal…

    Read Full Order

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