SUIT - SHORT CAUSE CIVIL SUIT
Mr. Hirachand Saremalji VardhanVsMr. Babulal Saremalji Vardhan alias Jain
CNR MHCC01005423201965-COURT 65 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
PENDING
TrustJury record updated 20 Sept 2026
Case Overview
- Registration Number
- 102188/2019
- Registration Date
- 02 Aug 2019
- Next Hearing Date
- 17 Nov 2026
- Case Stage
- FOR TAKING STEPS
Advocates
1For Petitioner
For Respondent
Not available
Parties
2Petitioner
Respondent
Acts & Sections
1Hindu Marriage Act · Sec 6
Case History / Proceedings
Case History
Date: 03-08-2019
Business: Court is in hearing Notice of Motion in suit no.1874/15, hence case is adjourned to 07/09/2019.
Next Purpose: DIRECTIONS
Next Hearing Date: 07-09-2019
Date: 07-09-2019
Reason For Adjournment: court time is over
Next Purpose: DIRECTIONS
Next Hearing Date: 15-11-2019
Date: 15-11-2019
Business: court is on leave.
Next Purpose: DIRECTIONS
Next Hearing Date: 13-02-2020
Date: 13-02-2020
Business: Court is busy in dictating judgment, hence board is discharged
Next Purpose: DIRECTIONS
Next Hearing Date: 21-03-2020
Date: 21-03-2020
Business: Advocate for Plaintiff present
None present for Defendant.
In view of circular of Hon\''ble Principal Judge in respect of Corona Virus, only urgent matters are to be heard, hence case is adjourned to 10/07/2020.
Next Purpose: DIRECTIONS
Next Hearing Date: 10-07-2020
Date: 10-07-2020
Business: Adjourned due to Covid-19.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DIRECTIONS
Next Hearing Date: 31-08-2020
Date: 31-08-2020
Business: Due to Covid19
Next Purpose: DIRECTIONS
Next Hearing Date: 09-11-2020
Date: 09-11-2020
Business: None present for Plaintiffs.
None present for Defendants.
It seems that due to Corona pandemic, parties are absent, hence case is adjourned to 09/02/20201 for Directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 09-02-2021
Date: 09-02-2021
Business: None present for the plff and deft.
Plff is directed to file affidavit of service of writ of summons on the deft.
Matter is adjd. for compliance / service to 07.05.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 07-05-2021
Date: 07-05-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 04-08-2021
Date: 04-08-2021
Business: None present for both parties.
Regular functioning of the Court has started however, local train facility is yet to be started for the public at large. To protect the interest of justice, matter is adjourned till next date.
Matter is adjd. for compliance to 28.10.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 28-10-2021
Date: 28-10-2021
Business: None present for plff. and deft.
Plaint at Exh.1.
Vakalatnama of Adv for the plff at Exh.2.
Memorandum of address of the plff at Exh.3.
List of documents of plff at Exh.4.
Vakalatnama of adv. Jain for deft at Exh.5.
Vakalatnama of adv. A.A. Pandey with no objection of previous adv. at Exh.6.
Matter is kept today for filing affidavit of service however, having gone through the record, it came to the notice that plff has already filed affidavit of service on 04.06.2019 said affidavit of service be marked as Exh.7 in today’s date for further reference purposes. Roznama dt.28.06.2019 also shows that after dismissing the N.M No.2040/2019 of the plff, matter was kept for written statement of deft. Deft failed to file WS hence, suit to proceed without WS.
Matter is adjd. for evidence without WS to 13.01.2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-01-2022
Date: 13-01-2022
Business: Due to Covid-19, matter is adjd
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-03-2022
Date: 23-03-2022
Business: Adv Mr. Rajnish Dubey present for plff. and seeks adjournment to file evidence.
Adv Mr. Ankit Rajput present for defts.
Matter is adjd. for evidence to 17.06.2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-06-2022
Date: 17-06-2022
Business: Court is on leave hence adjd
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-07-2022
Date: 14-07-2022
Business: Adv. Shobhit Shukla for plaintiff present.
Plaintiff present.
Adv. for plaintiff filed affidavit of evidence of Hirachand PW-1 along with compilation of documents. Both are taken on record and marked as Exh.8 and Exh.9 respectively.
Matter adjd to 24/08/2022 for admissibility of documents
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 24-08-2022
Date: 24-08-2022
Business: Adv. Shobhit Shukla for plaintiff present.
adjourned for order on documents.
Matter adjd to 01.10.2022 for order on documents.
Next Purpose: ORDER
Next Hearing Date: 01-10-2022
Date: 01-10-2022
Business: Defendant No.1 presnet.
Adv.Shobhit Shukla for plaintiff present.
KB
LO at 12.10 pm
Adv.Shobhit Shukla for plaintiff present.
Adv.Rajesh Jain for deft. present.
Adv. of defendant filed draft notice of motion a/w. Affidavit in support. O-Leave granted to register draft NM.
Copy of same is received by Adv.of plaintiff.
Matter adjd to 05.12.2022 for NM reply.
Next Purpose: REPLY
Next Hearing Date: 05-12-2022
Date: 05-12-2022
Business: Plaintiff a/w. His Adv.Dipanjali present.
Adv.Ankit Rajgor h/f.Adv.Rajesh Jain for deft.No.1 and 2 present.
The deft.tendered registered NM No.4289/22 a/w. Affidavit t.o.r.
The plaintiff requested for time to file reply.
Matter adjd to 23.02.2023 for reply in NM.
Next Purpose: REPLY
Next Hearing Date: 23-02-2023
Date: 23-02-2023
Business: Adv. Deepanjali Mishra h/f Adv. Pandey along with plaintiff present.
Adv. Rajesh Jain for defendant present.
The plaintiff filed reply in motion no. 4289 of 2022.t.o.r. and marked as Exh.10.
Copy is received by the adv. for defendant.
Heard for the adv. for plaintiff in NM 4289 of 2022 following order is passed.
NM 4289/22 Suit 2188/19
ORDER IN NOTICE OF MOTION NO.4289/22
Read the affidavit in support of motion and reply filed. Heard both the parties. This motion is taken out by the defendant to set aside the order dated 28.10.2021 and to permit defendant to file the written statement by adopting his reply dated 12.06.2019 as his written statement. The motion is opposed by the plaintiff by reply at Exh.10 contending that no sufficient cause is made out. It is the contention of the defendant that affidavit in reply in 2040/2019 has been already filed on 12.06.2019. It is contended that the defendant was under impression that the same is the written statement of the defendant. Said motion was heard and dismissed on 28.06.2019. On 28.10.2021 as the plaintiff defendant failed to file written statement is ordered to proceed without written statement. Considering the fact that the defendant wants to adopt the reply as his written statement, to avoid the technicality the notice of motion is required to be allowed. Hence, I pass following order.
ORDER
1. Notice of Motion No. 4289 /2022 is allowed.
2. Delay in filing written statement is condoned.
3. Order dated 28.10.2021 directing the suit to proceed without statement of the defendant is set aside.
4. Reply to the motion filed on 12.06.2019 shall be considered as written statement of the defendant. It shall be kept alongwith the plaint.
Matter adjd to 13-06-2023 for Issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 13-06-2023
Date: 13-06-2023
Business: None for plaintiff
None for defendant
Matter is adjd.to 09-08-2023 for draft issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 09-08-2023
Date: 09-08-2023
Business: Adv. Deepanjali Mishra h/f Adv. Pandey a/w plaintiff present.
Adv. Ankit Rajput a/w Adv. Raje Jain for defendant present.
Matter is adjd.to 05-10-2023 for issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 05-10-2023
Date: 05-10-2023
Business: Adv. Deepanjali Mishra for plaintiff present.
Adv. Rajesh Jain for defendant present.
Matter is adjd.to 18-12-2023 for issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 18-12-2023
Date: 18-12-2023
Business: Adv. Deepanjali Mishra a/w plaintiff present.
Adv. Naina Chavan for defendant present.
Matter is adjourned to 30-01-2024 for issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 30-01-2024
Date: 30-01-2024
Business: Adv. Ashok Singh for Plaintiff present and filed draft issues t.o.r. -seen.
Adv. Ankit Rajput for defendant present.
Issues are framed in Exhibit-11.
Matter stands adjourned on 22.03.2024 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-03-2024
Date: 22-03-2024
Business: None for Plaintiff present.
Advocate Naina Chavan alongwith Advocate Ankit Rajput for defendant present.
Later on at 11.20 am.
Advocate Deepanjali Mishra h/f Advocate A.R. Pandey for plaintiff present and provided copies of evidence affidavit and list of documents to Advocate Naina Chavan for defendant.
Matter stands adjourned on 27.06.2024 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-06-2024
Date: 27-06-2024
Business: Advocate Shobhit Shukla for plaintiffs present.
None for defendant present.
Matter is fixed for evidence as per roznama. Suit is of year 2019. Defendant has not filed any say on documents. Today also defendant is absent.
Heard Ld. Advocate for plaintiffs on documents. Documents are filed vide Exhibit-09.
Documents at serial no.1 to 11 are marked as Exhibit-12 to 22 respectively.
Plaintiffs witness is directed to remain present on next date without fail.
Matter stands adjourned on 06.07.2024 for evidence of plaintiffs.
Later on at 01.00 pm.
Advocate Rajesh Jain for defendants present.
Matter already adjourned on 06.07.2024 for evidence of plaintiffs.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-07-2024
Date: 06-07-2024
Business: Adv. Shobit Shukla for plaintiff present.
Adv. Rajesh Jain for defendant present.
Keep Back.
Later on.
Adv. Shobit Shukla for plaintiff present.
Adv. Rajesh Jain for defendant present.
Further examination in chief by Adv. Shri. Shobhit Shukla for plaintiff. Cross examination on behalf of defendant by Adv. Rajesh Jain. At the request of the defendant matter is adjourned for further cross of PW-1.
Matter stands adjourned on 26/07/2024 for further cross of PW-1.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 26-07-2024
Date: 26-07-2024
Business: Adv. Shobhit Shukla for plaintiff present and submitted that witness is not keeping well and matter may be adjourned for further cross of PW-1. Matter adjourned at request of Adv. for plaintiff.
None for defendant present.
Matter stands adjourned on 22/08/2024 for further cross of PW-1.
Later on. 12.30 PM.
Adv. Rajesh Jain for defendant present.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 22-08-2024
Date: 22-08-2024
Business: Adv. Saurabh Mishra h/f Adv. A. R. Pande for plaintiff present and filed adjournment application. O-Short adjournment granted. Taken on record and marked as Exhibit-23.
None for defendant present.
Matter adjourned for recording evidence.
Matter stands adjourned on 01/10/2024 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-10-2024
Date: 01-10-2024
Business: Adv. Pathak h/f Adv. Ashok Pande for plaintiff present prayed for grant of adjournment. Adjournment granted.
Plaintiff witness is absent.
None for defendant present.
Matter adjourned for recording evidence.
Matter stands adjourned on 14/11/2024 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-11-2024
Date: 14-11-2024
Business: Adv. Shobit Shukla for plaintiff present and seeks adjournment filling for additional affidavit by taking leave.
Adv. Ankit Rajput for defendant present.
Matter adjourned for recording evidence.
Matter stands adjourned on 16.12.2024 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-12-2024
Date: 16-12-2024
Business: None for plaintiff present.
Adv. Ankit Rajput for defendant present.
Keep Back.
Later on.
Adv. S. R. Pathak h/f Adv. Ashok Pande for plaintiff present and filed draft Notice of Motion along with affidavit. Leave granted to register it.
None for defendant present.
Matter stands adjourned on 01/02/2025 for service, reply, and filing registered Notice of Motion.
Next Purpose: SERVICE
Next Hearing Date: 01-02-2025
Date: 01-02-2025
Business: Adv. Pathak h/f Adv. Ashok Pandey for plaintiff and seeks time for for registration . O-Time extended.
Matter stands adjourned on 01/03/2025 for Steps
Later on at 12.20 p.m.
Adv. Rajesh Jain for defendant present.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 01-03-2025
Date: 01-03-2025
Business: Adv. Ameyan Khan h/f Ad. A. R. Pande for plaintiff present and submitted registered Notice of Motion No.795/2025 along with affidavit. Taken on record.
Adv. Ankit Rajput for defendant present and filed reply to Notice of Motion No.795/2025. Taken on record. Copy served upon other side.
Matter stands adjourned on 07/04/2025 for Notice of Motion hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-04-2025
Date: 07-04-2025
Business: Adv. Shobit Shukla for plaintiff present.
Adv. Ankit Rajput for defendant No.1 present.
Heard, both advocates on Notice of Motion No.795/2025.
Matter stands adjourned on 06/05/2025 for orders.
Later on.
Adv. Rajesh Jain for defendant present.
Next Purpose: ORDER
Next Hearing Date: 06-05-2025
Date: 06-05-2025
Business: Adv. Ayman Khan for plaintiff present.
Adv. Ankit Rajput for defendant present.
Keep Back. Later on.
F.R.S.R. following order is passed in Notice of Motion No.795/2025.
ORDER
1.Notice of Motion No.795/2025 in Suit No.2188/2019 is dismissed.
2.Parties to bear their own costs.
3.Parties to take note.
4.Proceeding of Notice of Motion No.795/2025 in Suit No.2188/2019 is closed.
Matter stands adjourned on 10/07/2025 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-07-2025
Date: 10-07-2025
Business: Adv. Ahmed Khan h/f Adv. A. R. Pande for plaintiff present.
None for defendant present.
Keep Back.
Later on.
Adv. Ahmed Khan h/f Adv. A. R. Pande for plaintiff present.
Adv. Ankit Rajput along with Adv. Rajesh Jain for defendant present.
Adv. for plaintiff filed application for adjournment. O-Later the application is filed-allowed last. Taken on record and marked as Exhibit-24.
Matter stands adjourned on 11/09/2025 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-09-2025
Date: 11-09-2025
Business: P. O. is on half day leave (first session).
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-10-2025
Date: 16-10-2025
Business: None for plaintiff present.
Adv. Rajesh Jain for defendant present.
Adv. submitted that settlement talks are going on between parties and there is element of settlement. Hence, short adjournment may be granted. Adjournment granted on oral request.
Matter stands adjourned on 28/11/2025 for settlement if any.
Later on.
Adv. Pathak h/f Adv. Pande for plaintiff present.
Matter stands adjourned on 28/11/2025 for settlement if any/ order.
Next Purpose: SETTLEMENT
Next Hearing Date: 28-11-2025
Date: 28-11-2025
Business: Adv. Ruby Pandey for plaintiff present.
Adv. Sakshi Balguher along with defendant present.
O-There appears that chance of settlement between the parties through mediation so the matter be sent to mediation learned Adv. appearing for the parties also submitted that already some talks were held in between them.- issue notice to the concern parties.
Matter stands adjourned on 06/01/2026 for mediation report.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 06-01-2026
Date: 06-01-2026
Business: Adv. Ruby Tripathi for plaintiff present.
None for defendant present.
Keep Back.
Later on.
Adv. Ruby Tripathi for plaintiff present and filed application for adjournment. O-Other side to say. Taken on record and marked as Exhibit-25. O-No say adjournment allowed as last no adjournment will be granted on next date at any cost.
None for defendant present.
Matter stands adjourned on 20/01/2026 for mediation report.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 20-01-2026
Date: 20-01-2026
Business: Adv. Pathak h/f Adv. Pandey for plaintiff present.
Adv. Ankit Rajput for defendant present.
Adv. submitted that they will file their consent terms on next date as the mediation process is in progress.
Matter stands adjourned on 06/03/2026 for filing consent terms.
Next Purpose: CONSENT TERM
Next Hearing Date: 06-03-2026
Date: 06-03-2026
Business: Plaintiff present his Adv. absent.
Adv. Sakshi Balguher h/f Adv. Rajesh Jain for defendant present.
Matter stands adjourned on 19/06/2026 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-06-2026
Date: 19-06-2026
Business: Adv. Pathak for plaintiff present and submitted that matter is likely to be settled. Settlement talks are going on therefore, he requested to adjourned the matter. Considering the request matter is adjourned for taking steps/ settlement.
None for defendant present.
Matter stands adjourned on 05-09-2026 for steps/ settlement.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-09-2026
Date: 05-09-2026
Business: In view of Office Order No. 270 of 2026, Dated 04.09.2026. Holiday declared on 05.09.2026 on account of Gopalkala. Hence, The matter is taken on todays board i.e 07.09.2026 and is adjourned.
Matter stands adjourned on 17.11.2026 for Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-11-2026Additional Case Details
Additional Case Details
Filing Number: 105879/2019 Filing Date: 03-06-2019 First Hearing Date: 03rd August 2019 Court Number And Judge: 65-COURT 65 ADDL SESSIONS JUDGE
Orders
2Interim Order 130 Jan 2024
30 Jan 2024
Order Details: Other Pdf Text: S.C.Suit No.2188-2019 1 Ex.11- Issues IN THE BOMBAY CITY CIVIL COURT AT GR. BOMBAY S. C. SUIT NO.2188 of 2019 Exhibit-11 Mr. Hirachand Saremalji Vardhan ].. Plaintiff. Versus Mr. Babulal Saremalji Vardhan ].. Defendant. CORAM : HIS HONOUR JUDGE R. R. BHAGWAT COURT ROOM NO.65 DATE : 30th January, 2024 ISSUES 1. Does the plaintiff prove that he is dispossessed without his consent of the suit property otherwise than in due course of law within period of six months immediately preceding the date of filing of the suit ? 2. Does the plaintiff prove that he is entitled to the relief of restoration of possession of the suit property as prayed ? 3. Whether the suit is barred by law of limitation ? 4. What order as to costs ? 5. What order and decree ? R. R. BHAGWAT Date: 30.01.2024 Judge, City Civil Court, Court Room No.65 Gr. Bombay. ..1. -- 1 of 1 --
Order 130 Jan 2024
30 Jan 2024
Order Details: Other Pdf Text: S.C.Suit No.2188-2019 1 Ex.11- Issues IN THE BOMBAY CITY CIVIL COURT AT GR. BOMBAY S. C. SUIT NO.2188 of 2019 Exhibit-11 Mr. Hirachand Saremalji Vardhan ].. Plaintiff. Versus Mr. Babulal Saremalji Vardhan ].. Defendant. CORAM : HIS HONOUR JUDGE R. R. BHAGWAT COURT ROOM NO.65 DATE : 30th January, 2024 ISSUES 1. Does the plaintiff prove that he is dispossessed without his consent of the suit property otherwise than in due course of law within period of six months immediately preceding the date of filing of the suit ? 2. Does the plaintiff prove that he is entitled to the relief of restoration of possession of the suit property as prayed ? 3. Whether the suit is barred by law of limitation ? 4. What order as to costs ? 5. What order and decree ? R. R. BHAGWAT Date: 30.01.2024 Judge, City Civil Court, Court Room No.65 Gr. Bombay. ..1. -- 1 of 1 --
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