SUIT - SHORT CAUSE CIVIL SUIT
Shri. Suresh Ramchandra Kunchalkar +1 moreVsShri. Pratapsinh Shoorji Vallabhdas +14 more
CNR MHCC0100522820198-COURT 08 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--CONSENT DECREE
Decision Date: 22nd December 2023
TrustJury record updated 20 Sept 2026
Case Overview
- Registration Number
- 101934/2019
- Registration Date
- 24 May 2019
Advocates
1For Petitioner
For Respondent
Not available
Parties
17Respondent
- 1Shri. Pratapsinh Shoorji Vallabhdas
- 2Shri. Dilipsinh Shoorji Vallabhdas
- 3Smt. Jayalaxmi Gopal Virji Ganatra
- 4Smt. Damyanti Virji @ Smita Shivaji Thakkar
- 5Shri. Kalyanji
- 6Smt. Saraswati Pralhadri Kheraj (Thakkar)
- 7Damayanti Liladhar Kanji (Kotak)
- 8Vasantkumar Purushottam (Thakkar)
- 9Raja Babulal Majethia
- 10M/s. Shree Swami Samarth Developers
- 11Matrix Waste Management Private Limited
- 12Deputy Encroachment
- 13Shri. Chandrakant Ramchandra Kunchalkar
- 14Shri. Ashok Ramchandra Kunchalkar
- 15Mrs. Sadhana Gopal Poojari
Acts & Sections
1Protection of Women from Domestic Violence Act · Sec 9
Case History / Proceedings
Case History
Date: 30-08-2019
Business: Adv. Ms. Swapna Khobragade with Darmesh Panchal for the Plaintiff present.
None present for the Defendant- 2 to 9 and 10
Adv for the Plaintiff seeks extension of time to serve writ of summons and N/M. Time is extended.
Adv
Matter is adjd. to 19.11.2019 for for proof of service of writ of summons of Defendant no. 1/ WS by Defendant no. 2 to 9 and 10.
Next Purpose: SERVICE
Next Hearing Date: 19-11-2019
Date: 19-11-2019
Next Purpose: SERVICE
Next Hearing Date: 16-01-2020
Date: 16-01-2020
Business: Adv. Abhijit Naik for Plaintiff is present. He filed draft chamber summons a/w affidavit in support. O- Leave to register is granted. Copy be served to other side.
Adv. Neelema Chavan for defendant no.2,3,5 to 9 and 11 is present. She filed vakalatanam on behalf of defendant Nos. 2,3, 5 to 9. O- TOR
Adv. Samir Sawant for defendant no.10 is present. He filed vakalatnama on behalf of defendant NO.10.
Matter is adjd. for Ch/s service / reply / passing no WS order agianst defendant to 16.03.2020 .
Next Purpose: SERVICE
Next Hearing Date: 16-03-2020
Date: 16-03-2020
Business: Due to direction to combat Corona virus, board is discharged as
only matters for argument are taken up.
Next Purpose: SERVICE
Next Hearing Date: 23-07-2020
Date: 23-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 21-10-2020
Date: 21-10-2020
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: 10-02-2021
Date: 10-02-2021
Business: None for plaintiff.
Last chance is granted to defendants No.2, 3, 5 to 9 for tendering registered NM.
Matter is adjd. to 05/05/2021 for tendering registered NM by defendants No.2, 3, 5 to 9.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 11-02-2021
Date: 11-02-2021
Business: By praecipe
Adv. Ms. Manisha Munde 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. Ch/s is made r/o 05/05/2021.
Matter is adjd. to 05/05/2021 for tendering registered Ch/s.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 05-05-2021
Date: 05-05-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 01-07-2021
Date: 01-07-2021
Business: Due to COVID-19 pandemic.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 12-08-2021
Date: 12-08-2021
Business: None for plaintiff.
Adv. Nilima Chavan for defendants No. 2, 3 and 5 to 9 is present.
Adv. Mr. Samir Sawant for defendant No.10 present.
Draft N/M along with affidavit in support of N/M tendered by advocate for the defendant No.10. O- Leave to register N/M is granted.
Advocate for the defendant No. 2, 3 and 5 to 9 tendered registered N/M No.662/2020 along with affidavit in support. t.o.r.
On 11/02/2019 filed draft Ch/s, leave was granted to plaintiff. Till today, the plaintiff has not tendered registered Ch/s before the Court. Therefore, earlier leave is cancelled.
Matter is adjd. to 20/10/2021 for NM No.662/2020 reply.
Next Purpose: REPLY
Next Hearing Date: 20-10-2021
Date: 20-10-2021
Business: Adv. A. Naik h/f Adv. Khobragde for plaintiff present.
Adv. Mr. Sameer for the defendant No.10 present.
Adv. Vivek for defendants No.2,3 and 5 to 9 present.
Defendants have failed to file reply to NM No.2352/2019. Hence, the suit to proceed without reply of NM against defendants.
Plaintiff have failed to file reply to NM No.662/2020. Hence, the suit to proceed without reply of NM against plaintiffs.
Leave was granted to plaintiff on 11/02/2019, to tender draft Ch/s. But, till 12/08/2021, he could not tendered before the same Court. Therefore, earlier leave was cancelled. Now plaintiff came with application that the earlier leave granted for registration of Ch/s be restored. The plaintiff has not shown reason of delay. Therefore, application is granted subject to costs of Rs.500/- it is credited to the State. Accordingly, earlier leave to register Ch/s dated 11/02/2019 is extended.
Matter is adjd. to 17/12/2021 for hearing NM No.2352/2019 and No. 662/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-12-2021
Date: 17-12-2021
Business: None present for the plaintiff.
Adv Vivek Kakde present for the defendant nos.2,3, 5 to 9
He filed draft NM a/w affidavit in support TOR O- Leave is granted to register. Leave is granted.
He also filed application for extension of time to returnable date TOR O- time is extended till next date.
Matter is adjd. to 18.02.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-02-2022
Date: 18-02-2022
Business: Adv. Ms. Gayatri Naik for plaintiff present.
Adv. Mr. Prathmesh Agare for Defendant No.2,3 and 5 to 9 present and tendered registered Notice of Motion 457/21.
Matter is adjd. for filing service affidavit and Notice of Motion reply to 18/4/2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-04-2022
Date: 18-04-2022
Business: None present for plaintiff.
Adv. Sameer Sawant present for defendant no. 10 and tendered draft NM @ affidavit.TOR
Leave granted to register.
Adv. Sameer Sawant also submitted to extend the leave to register draft NM tendered on 12.08.2021 and aso tendered application extending the returnable date.
Order
Leave granted to register the draft NM is extended till next date.
Adv. Nilima Chavan present for defendant no. 02, 03, 05 & 09.
Matter adjourned for service and reply to NM to 10.06.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-06-2022
Date: 10-06-2022
Business: Adv. Abhijit Naik present for plaintiff and he tendered original registered Chamber Summons No. 1620/2021 @ affidavit. t.o.r. .
Adv. Snehal Gambhir present for defendant 10 and she tendered original registered Notice of Motion No. 1659/2022 @ affidavit. t.o.r.
She again tendered original registered Notice of Motion No. 1660/2022 @ affidavit. t.o.r.
Copy served to the advocate for plaintiff.
Adv. Nilimia chavhan present for the defendant no. 02, 03, 05 to 09.
Matter adjourned for reply to the nm and chs. to 25/07/22.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-07-2022
Date: 25-07-2022
Business: Adv. Sapna Khobragade present for plaintiff.
Adv. Vivek Kakde present for defendant 02, 03 and 05 to 09.
None present for other defendants.
Matter adjourned for reply to nm and chs. To 30/08/22.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-08-2022
Date: 05-08-2022
Business: Sue motu matter taken on Board.
There appear elements of settlement. Therefore, matter be
kept in upcoming lok-adalat dt. 13/08/22.
Issue Notice of lok adalat to the Parties.
Matter is adjd. For lok-adalat on 13/08/22.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 13-08-2022
Date: 13-08-2022
Business: None present. Matter not settled.
Matter is adjd to 30.08.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-08-2022
Date: 30-08-2022
Business: None present for plaintiff.
Adv. Sameer Savant present for defendant 10.
None present for other defendants.
As plaintiff and his adv. are absent, Matter adjourned for reply/ no reply order to 28/09/22.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-09-2022
Date: 28-09-2022
Business: None present for plaintiff.
Adv. Mahesh Tiwari hf adv. Kakde present for defendant 02, 03, 05 to 09 and 11 and sought adjournment to file reply.
None present for other defendants.
Matter adjourned for nm reply to 01/11/22.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-11-2022
Date: 01-11-2022
Business: Adv. Sapna Khobragade present for plaintiff and filed reply on nm nos. 457/22, nm no. 662/2020, nm no. 1660/22 and nm no. 1659/22.
Adv. Vivek Kakde present for defendant 02, 03, 05 to 09 and filed say on chamber summons 1620/21 itself and draft chamber summons itself.
Adv. Sameer Sawant present for defendant no. 10 and filed say on chamber summons 1620/21 itself and draft chamber summons itself.
Heard arguments of ld. Advocate for plaintiff and ld. Advocate for defendant nos. 02, 03, 05 to 09 on nm no. 457/2022 and nm no. 662/2020 and arguments of ld. Advocate for plaintiff and advocate for defendant no. 10 on nm no. 1659/2022 and on nm 1660/2022.
Heard arguments of ld. Advocate for plaintiff and ld. Advocate for defendants on cs no. 1620/2021 and draft chamber summons.
F.R.S.R. following order is passed on Draft Chamber Summons.
ORDER
1) Draft Chamber Summons is made absolute.
2) Plaintiff shall carry out the amendment as per schedule within 14 days from the date of this order.
3) Draft Chamber Summons be registered for statistical
purpose.
4) Draft Chamber Summons is disposed off accordingly.
F.R.S.R. following order is passed on Chamber Summons No. 1620/2021.
ORDER
1) Chamber Summons No. 1620/2021 is made absolute.
2) Plaintiff shall carry out the amendment as per schedule within 14 days from the date of this order.
3) Chamber Summons No. 1620/2021 is disposed off accordingly.
F.R.S.R. following order is passed on Notice Of Motion No. 662/2020.
ORDER
1) Notice of Motion No. 662/2020 is made absolute.
2) Written Statement of defendant no. 02, 03, 05 to 09 be taken on record if tendered on or before next date.
3) Notice of Motion No. 662/2020 is disposed off accordingly.
F.R.S.R. following order is passed on Notice Of Motion No. 1660/2022.
ORDER
1) Notice of Motion No. 1660/2022 is made absolute.
2) Written Statement of defendant no. 10 be taken on record if tendered on or before next date.
3) Notice of Motion No. 1660/2022 is disposed off accordingly.
F.R.S.R. following order is passed on Notice Of Motion No. 457/2022.
ORDER
1) Notice of Motion No. 457/2022 is made absolute.
2) Reply of defendant no. 02, 03, 05 to 09 to Notice of Motion no. 2353/2019 be taken on record if tendered on or before next date.
3) Notice of Motion No. 457/2022 is disposed off accordingly.
F.R.S.R. following order is passed on Notice Of Motion No. 1659/2022.
1) Notice of Motion No. 1659/2022 is made absolute.
2) Reply of defendant no. 10 to Notice of Motion no. 2352/2019 be taken on record if tendered on or before next date.
3) Notice of Motion No. 1659/2022 is disposed off accordingly.
Authenticated copy of Roznama be given to both the parties if
requested.
Matter adjourned for compliance to 29/11/22.
Next Purpose: COMPLIANCE
Next Hearing Date: 29-11-2022
Date: 29-11-2022
Business: None present for plaintiff.
Adv. Neelima chavhan present for defendant no. 02, 03 and 05 to 09 and tendered affidavit in reply to nm. no. 2352/2019 t.o.r..
She also tendered WS of defendant no. 2,3,5 to 09 . t.o.r. marked as Exh. 08
Adv. Sameer sawant present for defendant 10 and tendered reply to nm no. 2352/2019 and WS of defendant no. 10 . marked as Exh. 09.
Matter adjourned for service of amended copy of plaint to 06/01/23.
Next Purpose: SERVICE
Next Hearing Date: 06-01-2023
Date: 06-01-2023
Business: Adv. Sapna Khobragade present for plaintiff and sought adjournment on the ground that matter is likely to be settled.
Adv. Mahesh Tiwari present for defendant no. 02, 03, 05 to 09.
Adv. Snehal Gambhir present for defendant no. 10.
None present for other defendants.
Issue notice of lok adalat to the defendant.
By consent Matter adjourned for lok adalat to 11/02/23.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 11-02-2023
Date: 11-02-2023
Business: National Lok Adalat Dated 11.02.202 Panel No.1
Panel Head – HHJ Shri. D.D.Almale
Panel Members – Prof. Ms. Falkanaz Shaikh
None present
Adjd to 28/02/2023.
HHJ Shri.D.D.Almale Prof. Ms. Falkanaz Shaikh
(Panel Head) (Panel Member)
Next Purpose: SERVICE
Next Hearing Date: 28-02-2023
Date: 28-02-2023
Business: Court is on leave.
Adjourned to.
Next Purpose: SERVICE
Next Hearing Date: 24-03-2023
Date: 24-03-2023
Business: Plaintiff in person present.
Adv. Sapna Khobraade present for plaintiff and she tendered application for extension of time for carrying out amendment in chs. no. 1721/22. t.o.r. marked as Exh. 10.
Order on Exh. 10.
O- Perused the record it appears that, as per order dt. 01/11/22, plaintiff no. 01 was allowed to carry out amendment to the plaint for deleting the name of plaintiff no. 02 from the cause titile of the suit within fourteen days from the date of order. Considering the reason in the application in the interest of justice, time to carry out the amendment as per order dt. 01/11/2022 in draft chs which is registered as cs no. 1721/22 is enlarged for fourteen days from the date of this order.
Adv. Sameer Salunkhe present for defendant no. 10.
Mr. Pramod Mehta C.A. of defendant no. 10 is present in person.
Matter adjourned for compliance to 10/04/23.
Next Purpose: COMPLIANCE
Next Hearing Date: 10-04-2023
Date: 10-04-2023
Business: Adv. Gayatri Naik hf adv. Sapna khobragade present for plaintiff and tendered application for extension of time for carrying out amendment t.o.r marked as exh. 11.
Adv. Sameer salunkhe present for defendant no. 10 and submitted that as the matter is settled, he has no objection for extending time as sought.
Order on Exh 11.
O- In the interest of justice, time to carry out amendment as per order in 01/11/22 in draft chamber summons is enlarged for further fourteen days from the date of this order as a last chance.
None present for other defendants.
Matter adjourned for compliance to 27/04/23.
Next Purpose: COMPLIANCE
Next Hearing Date: 27-04-2023
Date: 27-04-2023
Business: As P.O. is on half day leave, Matter is adjourned.
Next Purpose: COMPLIANCE
Next Hearing Date: 03-05-2023
Date: 03-05-2023
Business: P. O. is on leave
Next Purpose: COMPLIANCE
Next Hearing Date: 05-06-2023
Date: 05-06-2023
Business: Adv. Khobragade present for plaintiff.
Adv. Snehal Gambhir present for defendant No.1.
Parties to remain present on next date.
Matter adjourned for Compliance to 15.06.2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 15-06-2023
Date: 15-06-2023
Business: Adv. Sapna Khobragade present for plaintiff.
None present for defendant.
Matter adjourned for Compliance to 11.08.2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 11-08-2023
Date: 11-08-2023
Business: Adv. Raj Gupta present for plaintiff.
None present for defendant.
Matter is referred to Lok Adalat.
Matter adjourned for Lok Adalat/Compliance to 09.09.2023.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 09-09-2023
Date: 09-09-2023
Business: Matter pertaining to C.R.No.8
Plaintiff present. His advocate is absent.
Adv. Sameer Sawant for D-10 present.
None for other defendants.
Matter is adjourned to 29.09.2023.
Next Purpose: HEARING
Next Hearing Date: 29-09-2023
Date: 29-09-2023
Business: Adv. Abhijit Naik present for plaintiff. He submits that case is settled amicably and one of the defendants is absent. Therefore he cannot file consent terms today.
None present for defendants.
Put this matter before Lok Nyalay on 09.12.2023.
Matter adjourned for Lok Nyayalay/Compliance to 09.12.2023.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 09-12-2023
Date: 09-12-2023
Business: NATIONAL LOK ADALAT HELD ON 09.12.2023 (PANEL-13)
Matter pertains to CR No.08.
Parties are present.
Adv for plaintiff and defendant are present.
Matter is not settled before Lok Adalat.
Adjourned to 13.12.2023 for hearing.
Next Purpose: HEARING
Next Hearing Date: 13-12-2023
Date: 13-12-2023
Business: As court is on leave. Board is discharged. Matter is adjourned.
Next Purpose: HEARING
Next Hearing Date: 21-12-2023
Date: 21-12-2023
Business: Plaintiff in-person present. He submits that suit is amicably setttled between parties.
Adv. Sapna Khobragade present for plaintiff. She submitted a pursis for withdrawing suit against defendant Nos.1 to 9 and 11 to 15. Taken on record and marked as Exh.11.
Adv. Sameer Sawant present for defendant No.10.
Order is passed below Exh.1
In view of pursis at Exh. 11, suit stands disposed off as withdrawn against defendant Nos. 1 to 9 and 11 to 15.
Matter is adjourned for Compromise on 22.12.2023.
Next Purpose: SETTLEMENT
Next Hearing Date: 22-12-2023
Date: 22-12-2023
Business: Plaintiff in-person present.
Adv. Raj Gupta a/w. Adv. Sapna Khobragade present for plaintiff
Adv. Sameer Sawant present for defendant No.10 and tendered application for taking power of attorney of on behalf of defendant No.10 on record. Taken on record and marked as Exh.12.
O-Allowed.
He also tendered list of document. Taken on record and marked as Exh.13.
C.A. of defendant No.10 present.
They have filed consent terms and memorandum of understanding on record. Compromise appears to be voluntary. Therefore I pass following order
ORDER
1. Suit is disposed off as compromised between plaintiff and defendant No.10. Suit was withdrawn against defendant Nos.1 to 9 and 11 to 15 on 21.12.2023.
2. Decree be drawn up accordingly. Consent terms shall be part and parcel of compromised decree.
3. Notice of Motion No.2352 of 2019 stands disposed off.
Nature Of Disposal: CONSENT DECREE
Disposal Date: 22-12-2023Additional Case Details
Additional Case Details
Filing Number: 105710/2019 Filing Date: 24-05-2019 First Hearing Date: 30th August 2019 Decision Date: 22nd December 2023 Court Number And Judge: 8-COURT 08 ADDL SESSIONS JUDGE
Orders
1Final Order 122 Dec 2023
22 Dec 2023
Order Details: Other Pdf Text: Date 21.12.2023 08 Coram: H.H.J. Shri. V. G. Raghuwanshi, City Civil Court, Mumbai. (C.R.08) SU 1934/2019 NM 2352/2019 Exh.12 Exh.13 Plaintiff in-person present. Adv. Raj Gupta a/w. Adv. Sapna Khobragade present for plaintiff Adv. Sameer Sawant present for defendant No.10 and tendered application for taking power of attorney of on behalf of defendant No.10 on record. Taken on record and marked as Exh.12. O-Allowed. He also tendered list of document. Taken on record and marked as Exh.13. C.A. of defendant No.10 present. They have filed consent terms and memorandum of understanding on record. Compromise appears to be voluntary. Therefore I pass following order; ORDER 1. Suit is disposed off as compromised between plaintiff and defendant No.10. Suit was withdrawn against defendant Nos.1 to 9 and 11 to 15 on 21.12.2023. 2. Decree be drawn up accordingly. Consent terms shall be part and parcel of compromised decree. 3. Notice of Motion No.2352 of 2019 stands disposed off. Judge -- 1 of 1 --
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