SUMMARY CIVIL SUIT - SUMMARY SUIT
Smt. Smita Jagdish Yagnik +1 moreVsM/s. Purav Construciton +1 more
CNR MHCC01005471201882-Court 82 Adhoc and Addl Sessions Judge
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
PENDING
TrustJury record updated 12 Sept 2026
Case Overview
- Registration Number
- 100658/2018
- Registration Date
- 21 Jun 2018
- Next Hearing Date
- 07 Oct 2026
- Case Stage
- ARGUMENTS
Advocates
1For Petitioner
For Respondent
Not available
Parties
4Acts & Sections
1Protection of Women from Domestic Violence Act · Sec Order37 · Rule2
Case History / Proceedings
Case History
Date: 16-08-2018
Business: None for Plaintiff.
None for Defendant.
Matter is adjd. to 18/12/2018 for Service.
Next Purpose: REPORT
Next Hearing Date: 18-12-2018
Date: 18-12-2018
Business: None for Plaintiff
Adv. Disa for Defendant
Advocate defendant has filed reply to S/J
Matter is adjd. to 29.01.19 for rejoinder.
L.O.
Plaintiff No 2 present.
Next Purpose: REJOINDER
Next Hearing Date: 29-01-2019
Date: 29-01-2019
Business: Plaintiff no.2 present.
Adv. for Plaintiff absent.
None for Defendant.
Plaintiff no.2 has tendered registered S/J no.367/18 alongwith affidavit, TPR.
The defendant is directed to supply the copy of S/J reply to plaintiff on or before the next date.
Matter is adjd. to 22/02/2019 for Rejoinder to the S/J reply.
Next Purpose: REJOINDER
Next Hearing Date: 22-02-2019
Date: 22-02-2019
Business: Plaintiff no.2 present.
Adv. for Plaintiff absent.
None for Defendant.
Plaintiff no.2 has filed rejoinder to the S/J, TOR.
Matter is adjd. to 22/03/2019 for S/J hearing.
Next Purpose: HEARING
Next Hearing Date: 22-03-2019
Date: 22-03-2019
Business: Adv for plaintiff Mr.Pathak present
Plaintiff No. 2 presents
None present for deft
Matter is Adjd for Hearing to 26/06/2019
Next Purpose: HEARING
Next Hearing Date: 26-06-2019
Date: 26-06-2019
Business: Plaintiff no.2 present
Adv for deft Mr.S.Visa present
Adv for deft stated that she is not served with copy of rejoinder
O-Plaintiff directed to supply copy of rejoinder to defendant.
Matter is Adjd for S/J 367/18 Hearing to 16/08/2019
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 16-08-2019
Date: 16-08-2019
Business: P.O is on training. Adjd to 24/10/19
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 24-10-2019
Date: 24-10-2019
Business: Plff no. 2 present.
None for deft.
Adjd. for SJ hearing to 15.01.2020.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 15-01-2020
Date: 15-01-2020
Business: Plaintiff No.2 present.
None for plaintiff No.1
None for defendant.
Matter adjd to 13/03/2020 for SJ hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 13-03-2020
Date: 13-03-2020
Business: Plaintiff present.
Adv. pathak for plaintiff
None for defendant.
Adjd as last chance to defendant for SJ Hearing to 10-07-2020
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 10-07-2020
Date: 10-07-2020
Reason For Adjournment: National Lock Down
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 25-09-2020
Date: 25-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 19-12-2020
Date: 19-12-2020
Business: None present.
Adjd to 17-03-2021
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 17-03-2021
Date: 17-03-2021
Business: Plaintiff No.2 present.
Adv. N. H. Pathak for plaintiff present.
He filed pursis regarding service of rejoinder copy on the defendants. t.o.r.
adjd to 16/04/2021 for hearing on summons for judgment.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 16-04-2021
Date: 16-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 27-09-2021
Date: 27-09-2021
Business: Plaintiff no.1 absent.
Plaintiff no.2 present.
Defendant absent.
Matter is adjd to 22.10.2021 for SJ hearing. (2.45)
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 22-10-2021
Date: 22-10-2021
Business: None present for both parties.
Matter is adjd to 02.12.2021 for SJ hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 02-12-2021
Date: 02-12-2021
Business: Adv. Mr. Pathak for the plaintiff present.
Plaintiff No.2 present.
None for defendant.
KB
L.O.
Heard argument of ld. advocate of plaintiff from 12.30 p.m. to 12.45p.m.
Advocate fort the plaintiff filed list of document. t.o.r. and marked as Exh.5.
Matter is adjd. to 08/12/2021 for SJ order.
Next Purpose: ORDER
Next Hearing Date: 08-12-2021
Date: 08-12-2021
Business: None for plaintiff.
Adv. Bora for the defendant present.
Heard argument of ld. advocate of defendant.
Matter is adjd. to 15/12/2021 for SJ order.
Next Purpose: ORDER
Next Hearing Date: 15-12-2021
Date: 15-12-2021
Business: Plaintiff No.2 is present.
Advocate for the plaintiff absent.
None for defendant.
F R S R following order is passed:
O R D E R
1. Summons for Judgment No.367 of 2018 made partly absolute.
2. Defendants shall deposit an amount of Rs.24,00,000/-(Rupees Twenty Four lacs only) within 30 days from the date of this order if defendants fail to deposit the amount within stipulated time, plaintiff shall proceed with the suit as if there is no defence.
3. Summons for Judgment No.367 of 2018 is disposed of.
Matter is adjd. to 14/01/2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 14-01-2022
Date: 14-01-2022
Business: As per SOP dated 07/01/2022, in Office Order No.07/2022, due to COVID-19 (Third wave, Omicron).
Matter is adjd. TO 08-04-2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 08-04-2022
Date: 08-04-2022
Business: Plaintiff no. 1 present, her advocate absent.
Plaintiff no. 2 present.
Advocate Mr. Vora for defendant no. 1 and 2 present.
Exh.6-Advocate for defendant file Application for extension of time to deposit money in the Hon\''ble court as per order dt. 15.12.2021, passed in SJ no. 367/2018. Other side to say.
Matter is adjd. for say/heairng on application exh.6 to 30-06-2022.
Next Purpose: HEARING
Next Hearing Date: 30-06-2022
Date: 30-06-2022
Business: Plaintiff no. 2 present and her adv. absent.
None present for defendant.
K.B.
L.O. at. 01.10 p.m.
None present for Plaintiff no. 1.
Plaintiff no. 2 present and filed reply to Exh. 6 is t.o.r. and marked as Exh. 6-A.
Adv. Amit Sakpal for defendant nos. 1 and 2 present.
Adjd to 23/08/2022 for hearing on Exh. 6
Next Purpose: HEARING
Next Hearing Date: 23-08-2022
Date: 23-08-2022
Business: As court is vacant
Next Purpose: HEARING
Next Hearing Date: 14-10-2022
Date: 14-10-2022
Business: As court is vacant
Next Purpose: HEARING
Next Hearing Date: 23-12-2022
Date: 23-12-2022
Business: As court is vacant
Next Purpose: HEARING
Next Hearing Date: 09-02-2023
Date: 09-02-2023
Business: As court is vacant
Next Purpose: HEARING
Next Hearing Date: 12-04-2023
Date: 12-04-2023
Business: As court is vacant.
Next Purpose: HEARING
Next Hearing Date: 09-06-2023
Date: 09-06-2023
Business: NOBTOB, moved by praecipe.
Plaintiff No. 2 present in person, tendered Draft CHS @ affidavit TOR.
O- Leave granted to register.
Draft CHS handed over to party for registration of draft CHS.
Matter is already adjourned to 22-06-2023.
Next Purpose: HEARING
Next Hearing Date: 22-06-2023
Date: 22-06-2023
Business: Plaintiff No.2 present in person and tendered registered CS No. 1066/23 TOR. She also filed application for amendment in CS No. 1066/2023 TOR marked as Exh.7.
Son of for defendant No.2 present in person.
Matter stands adjourned CS hearing on 07-08-2023.
Next Purpose: C/S HEARING
Next Hearing Date: 07-08-2023
Date: 07-08-2023
Business: Plaintiff No.2 present in person.
Son of defendant No.2 present in person.
Matter stands adjourned for CS hearing on 26-09-2023.
Next Purpose: C/S HEARING
Next Hearing Date: 26-09-2023
Date: 26-09-2023
Business: Plaintiff No.2 present in person.
Adv.Maaz Qureshi h/f Chitnis Vaithy and co. for defendant No.2, tendered undertaking to file VP on next date TOR marked as Exh.8.
He also tendered reply to the CS No. 1066/23 TOR on overleaf.
Heard the plaintiff no.2 and Adv. for legal heirs Defendant No.2, this CS taken out to bring legal heirs defendant no.2 on record who are giving no objection, hence, I proceed following order-
Order
1. Chamber Summons No. 1066/23 stands allowed.
2. Plaintiff is permitted bring the legal heirs of defendant No.2 on record as per schedule and carry out the amendment within stipulated period.
3. Chamber Summons No. 1066/23 disposed of accordingly.
Matter stands adjourned for Compliance on 30-11-2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 30-11-2023
Date: 30-11-2023
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: COMPLIANCE
Next Hearing Date: 16-12-2023
Date: 16-12-2023
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: COMPLIANCE
Next Hearing Date: 07-02-2024
Date: 07-02-2024
Business: Adv. Niranjan Pathak for plaintiff present.
Plaintiff No.2 in person present.
Adv. Maaz Qureshi i/b Chitnis Vaithy and Co. for defendant Nos.2(a) to 2(c) present. He tendered vakalatnama. TOR. Exh.09.
The advocate for defendant is seeking time. It appears that the Summons for Judgment was allowed subject to depositing of Rs.24,00,000/- as per the order dated 15.12.2021, but the order is not complied. Hence, it is made clear that if the order is not complied till next date, matter will proceed further.
Matter stands adjourned to 14.03.2024 for compliance/order.
Next Purpose: COMPLIANCE
Next Hearing Date: 14-03-2024
Date: 14-03-2024
Business: Plaintiff No.2 present in person.
Adv. Devang Raut i/b Chitnis Vaithy and Co. present for defendant No.2A to 2C, submitted that the defendant has deposited the amount as per direction in Roznama dated 15-12-2021.
Matter stands adjourned for filing written statement on 08-05-2024.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 08-05-2024
Date: 08-05-2024
Business: Adv.Niranjan Pathak present for plaintiff.
Adv. Devang Raut present for defendant No.2a to 2c. Seeking time to file written statement, no proper reason has mentioned, hence, request is rejected.
Defendant failed to file written statement, hence, put up for no written statement order on next date.
Matter stands adjourned for no written statement order
on 09-07-2024.
Next Purpose: FOR___________________
Next Hearing Date: 09-07-2024
Date: 09-07-2024
Business: Plaintiff No.2 present in person. Seeking time to tender draft issues. Time is granted.
Adv.Devang Raut present for defendant No.2A to 2C, tendered affidavit in support of written statement TOR marked as Exh.12.
Matter stands adjourned for draft issues on 26-08-2024.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 26-08-2024
Date: 26-08-2024
Business: Plaintiff No.2 present person, tendered draft issues TOR.
Adv. Maaz Qureshi present for defendant. Seeking time to file draft issues. Time is granted.
Matter stands adjourned for draft issues on 09-10-2024.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 09-10-2024
Date: 09-10-2024
Business: Plaintiff No.2 present in person.
Adv. Maaz Qureshi i/b Chitnis Vaitya and Co. present for defendants, tendered draft issues TOR marked as Exh.13.
Copy supplied to other side.
Defendant No.2C present in person through Video Conference.
Matter stands adjourned for hearing on issues on 29-11-2024.
Next Purpose: HEARING
Next Hearing Date: 29-11-2024
Date: 29-11-2024
Business: Plaintiff No.02 present in person.
Adv. Maaz Qureshi i/b Chitnis Vaithy and Co. present for defendant.
Issues are framed Exh.14.
Issues
1. Does the plaintiff prove that the defendants are in due at Amount of Rs. 24,00,000 /-
2. Does the plaintiff prove that it is entitled to charge interest if yes, at what rate
3. Whether the suit is maintainable
4. Whether the suit is filed within limitation
5. Is the plaintiff entitled for the relief sought
6. What order and decree
Plaintiff is directed to file list of witness, evidence in chief as well
as documents as per list on next date.
Defendant tendered Draft Notice of Motion along with affidavit
TOR.
O-Leave granted to register.
Copy supplied to the plaintiff.
By consent matter stands adjourned for Notice of Motion reply
on 14-01-2025.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-01-2025
Date: 14-01-2025
Business: Matter pertains to C.R No.84
Plaintiff No.2 present and filed reply to NM TOR.
Plaintiff No.2 also tendered Witness list, her evidence affidavit and list of documents taken on record and marked as Exh.15 to Exh.17 Order - Evidence affidavit read and recorded and production allowed.
Matter is adjourned to 29.01.2025 for Admission and denial and hearing on NM.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 29-01-2025
Date: 29-01-2025
Business: Matter pertains to Cr. No. 84
Plaintiff No.2 in person is present.
Mr. Purav Khakhar, defendant No.2(c) in person is present.
Defendant No.2(c) is given last chance to file registered notice of motion.
If defendant failed to file regitered notice of motion, it will be listed for dismissal order.
Matter is adj to 25.02.2025 for filing registered notice of motion/rejoinder and hearing on notice of motion.
Later on at 4.41 pm
Plaintiff No.2 in person is present.
Adv. Niranjan Pathak for plaintiff is present through video conferencing.
Mr. Purav Khakhar, defendant No.2(c) in person is present.
Adv. Maaz Qureshi i/b Chitnis Vaithy and Co. for defendants is present and filed registered Notice of Motion No.175/25 along with affidavit in support. Taken on record. He also filed rejoinder to the reply to notice of motion. Taken on record. Copy served to other side.
Matter is adj to 25.02.2025 for hearing on notice of motion.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-02-2025
Date: 12-02-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Matter pertains to CR. No.84
As per order passed in Transfer applicatoin No.37/2025 dated 07.02.2025, matter is transfer to Cr. No.81.
Matter is already adj to 25.02.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-02-2025
Date: 25-02-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Mrs. Puja Yaganik, Plaintiff No.2 in person is present.
Adv. Niranjan Pathak for plaintiff is present through video conferencing
Adv. Maaz Qureshi for defendant is present through video conferencing and requested for adjournment as senior advocate is held up in High Court. Adjournment is granted as last chance.
Matter is adj to 04.03.2025 for hearing on Notice of Motion.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-03-2025
Date: 04-03-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Ms. Pooja J. Yagnik, plaintiff No.2 in person is present.
Adv. Niranjan Pathak for plaintiff is present through video conferencing
Defendant No.2(b) in person is present.
Adv. Gauraj Shah for defendant is present through video conferencing
Heard counsel for both sides on NM No.175/25
Matter is adj to 21.03.2025 for Order on NM No.175/25.
Next Purpose: NM ORDERS
Next Hearing Date: 10-03-2025
Date: 10-03-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Not on board, taken on board.
Adv. Maaz Qureshi for defendants is present and filed an application for taking case on today board. Taken on record. It is marked as Exh-18. O-Allowed.
Counsel for defendants filed compilation of judgment. Taken on record.
Defendants are directed to serve copy of compilation of judgment to the plaintiff.
Matter is adj to 21.03.2025 for hearing on citation/Order on notice of motion No.175/25
Next Purpose: NM ORDERS
Next Hearing Date: 21-03-2025
Date: 21-03-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Plaintiff No.2 present.
Defendant No.2 present.
Adv. Qureshi for defendant is present through VC.
Later on at 5.44 pm
Court is busy in recording evidence in Suit No.4771/08, 2923/12, 818/15, 658/19.
Order in NM No.175/25 is partly dictated.
Matter is adjn to 24.03.2025 for Order on NM
Next Purpose: NM ORDERS
Next Hearing Date: 24-03-2025
Date: 24-03-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Plaintiff No.2 in person is present through video conferencing
defendant No.2 in person is present.
FRSR following order is passed on NM No.175/25
Order
1)Notice of Motion No. 175 of 2025 is hereby dismissed.
2)No order as to costs.
3)Notice of motion No.175 of 2025 is disposed of accordingly.
Matter is adj 09.04.2025 to for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 09-04-2025
Date: 09-04-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Plaintiff No.2 is present.
Adv. Gaurang Shah for defendant is present and requested for adjournment to file reply to admission and denial of documents. Adjournment is granted.
Matter is adj to 07.05.2025 for filing reply and hearing on admission and denial of documents.
Next Purpose: REPLY
Next Hearing Date: 24-04-2025
Date: 24-04-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Not on board, taken on board.
Plaintiff No.2 in person is present and filed an application for taking case on today's board. TOR and marked as Exh-19. O-Allowed.
Mr. Purav Khakhar, defendant in person is present
Plaintiff No.2 filed an application for withdrawal of amount. TOR and marked as Exh-20. Copy served to other side. O-Other side to say
Matter is already adj to 07.05.2025.
Next Purpose: REPLY
Next Hearing Date: 07-05-2025
Date: 07-05-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Ms. Pooja Jagdish Yagnik, plaintiff No.2 in person present.
Adv. Maaz Qurehsi for defendant is present through video conferencing.
As court is busy in dictating Ex-parte judgment in Sum. No.363/22, 595/23, 598/23, 881/22, 957/22, 1040/23 and dictating order on SJ No.1/23 and 165/23, remaining board is discharged. Parties are liberty to file applications and documents, if any.
Matter is adj to 08.07.2025 for filing reply.
Next Purpose: REPLY
Next Hearing Date: 08-07-2025
Date: 08-07-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Ms. Pooja Jagdish Yagnik, plaintiff No.2 is present.
Mr.Purav Khakhar, defendant No.2(c) in person is present and filed reply to Exh-20. TOR and marked as Exh-20A.
Defendant No.2(c) has requested for adjournment to file reply to admission and denial of documents. Adjournment is granted as a last chance.
Matter is adj to 31.07.2025 for hearing on Exh-20.
Next Purpose: HEARING
Next Hearing Date: 31-07-2025
Date: 31-07-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
Defendant No.2(c) in person is present.
Adv. Yogesh Patel i/b Citnis Vaiti and Co. for defendant is present through video conferencing
Keep back.
Later on at 12.12 pm
Ms. Pooja Jagdish Yagnik, plaintiff No.2 is present and filed amended copy of plaint. Taken on record.
Defendant No.2(c) in person is present.
Adv. Gaurang Shah for defendant is present through video conferencing
Heard counsel for both parties on Exh-20.
Keep back.
Later on at 1.02 pm
Ms. Pooja Jagdish Yagnik, plaintiff No.2 is present
Adv. Niranjan Pathak for plaintiff is present.
Keep back.
Later on at 3.00 pm.
Adv. for defendant is present and filed reply to Exh-5. TOR and marked as Exh-5A.
Matter is adj to 21.08.2025 for hearing on admission and denial of documents.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 21-08-2025
Date: 21-08-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Ms. Pooja Yagnik, plaintiff No.2 in person present.
Adv. Niranjan Pathak for plaintiff is present.
Mr. Purav Khakhar, Defendant No.2(c) is present.
Keep back.
Later on at 12.40 pm
Ms. Pooja Yagnik, plaintiff No.2 in person present.
Adv. Niranjan Pathak for plaintiff is present.
Mr. Purav Khakhar, Defendant No.2(c) is present.
Adv. Gaurang Shah for defendant is present through video conferencing.
Heard counsel for both sides on exhibiting documents.
Matter is adj to 29.08.2025 for marking of documents.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 29-08-2025
Date: 29-08-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Ms. Pooja Jagdish Yagnik, plaintiff No.2 is present.
The defendant and his counsel are absent.
Order below Exh-20
Perused application, say and record. Heard both parties. Plaintiff has filed an application under section 151 of Civil Procedure Code to withdraw an amount of Rs.24,00,000/- deposited by the defendant as per order dated 15.12.2021 passed in Summons for judgment No.367/18. It is further submitted that plaintiff's belongs to lower middle class and they do not have permanent residence. Plaintiff No.1 is a senior citizen and she is suffering from various critical ailments. Further, plaintiffs required funds for medical emergency. Therefore, plaintiff may be allowed to withdraw said amount. On the other hand, defendant have objected for the same on the ground that an amount of Rs.24,00,000/- is deposited as a condition to leave to defend the suit. Further, it is submitted that defendant No.2(a) is a widow and she has no source of income. Further, income of defendant No.2(c) is not sufficient. Further, if plaintiff is allowed to withdraw said amount, if defendants succeed in the suit, plaintiffs will not refund the said amounts. Even, plaintiffs have not filed any documentary evidence in support of their contentions. Hence, application may be rejected.
On perusing record, it appears that plaintiffs had taken out Summons for judgment No.367/18, is came to be decided on 15.12.2021. Further, defendants were directed to deposit an amount of Rs.24,00,000/- and leave to defend was granted to them. The said amount is deposited in the fixed deposit. The plaintiffs are claiming said amount on the ground that plaintiff No.1 is a senior citizen and said amount is required for medical emergency. However, plaintiffs have not filed any documentary evidence in support of their contentions. Therefore, I am of view that therefore, plaintiffs are not entitled for withdrawal of said amount at this stage. Hence, I proceed to pass following order-
Order
Application at Exh-20 is hereby rejected.
Matter is adj to 04.09.2025 for marking documents.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 04-09-2025
Date: 04-09-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Plaintiff No.2 is present.
Keep Back at 03.05 p.m.
Perused documents filed by plaintiffs vide list Exh.5. The documents at serial No.1 (Death certificate and document at serial No.1 filed vide list Exh.17 are admitted the defendants. Hence, these documents are marked as Exhibits.
So far as documents at serial No.2 to 7 are not properly referred by the plaintiffs in evidence on affidavit. Hence, these documents are not marked as exhibits.
Exh.21 -Death certificate of Jagdish Kanaiyalal Yagnik.
Exh.22 -Order of Hon'ble Apex Court dated 28.03.2022 passed in special leave to Appeal No.5040/2022.
Matter is adj to 09/09/2025 for further evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-09-2025
Date: 09-09-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Plaintiff No.2 is present in person and filed application of production alongwith additional evidence TOR and marked as Exh.21. O- other side to say.
She also filed application u/s 151 of CPC for withdrawal of amount TOR and marked as Exh.22. O- other side to say.
Plaintiff is directed to serve the copy of Exh.21 and Exh.22 to other side.
Matter is adj to 15-09-2025 for reply on Exh.21 and Exh.22.
Next Purpose: REPLY
Next Hearing Date: 15-09-2025
Date: 15-09-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties and their advocate are absent.
Keep back.
Later
Both parties and their advocate are absent.
Defendant is given last chance to file reply to Exh-21 and 22
Matter is adj to 18.09.2025 for filing reply to Exh-21 and 22.
Later on at 1.15 pm.
Plaintiff No.2 in person is present through video conferencing.
Matter is adj to 18.09.2025 for filing reply to Exh-21 and 22.
Next Purpose: REPLY
Next Hearing Date: 18-09-2025
Date: 18-09-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Ms. Pooja Yagnik, plaintiff No.2 is present.
Adv. Ameen Raibakker i/b Adv. Ravish Mishra for defendant is present and requested for adjournment. Adjournment is granted.
Matter is adj to 20.09.2025 for filing reply to Exh-21 and 22.
Next Purpose: REPLY
Next Hearing Date: 20-09-2025
Date: 20-09-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Ms. Pooja Yagnik, Plaintiff No.2 is present.
Adv. Niranjan Pathak for plaintiff is present.
Defendant No.2(c) is present.
Keep back.
Later on at 12.15 pm.
Ms. Pooja Yagnik, Plaintiff No.2 is present.
Adv. Niranjan Pathak for plaintiff is present.
Defendant No.2(c) is present.
Adv. Ameen Raibakkar i/b Chitnis Vaithy and Co. for defendant is present
On perusing roznama dated 09.09.2025, it appears that plaintiff No.2 in person present and filed application for production of additional evidence and also filed application u/s 151 of CPC for withdrawal of amount, it was wrongly marked as Exh-21 and 22 instead of Exh-23 and 24. Hence, correction be made in the roznama dated 09.09.2025.
Counsel for defendant filed say to application Exh-24. TOR and marked as Exh-24A. Copy served to other side. He also filed say on overleaf of application at Exh-23.
Heard counsel for both side on Exh-23 and 24
Matter is adj to 24.09.2025 for Order on Exh-23 and 24
Next Purpose: ORDER
Next Hearing Date: 24-09-2025
Date: 24-09-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties and their advocate are absent.
Keep back.
Later on at 12.31 pm
Plaintiff No.2 in person is present through video conferencing
Keep back
Later on at 3.00 pm.
Plaintiff No.2 in person is present.
Order below Exh-23
Perused application, say and record. Heard both parties. Plaintiff has filed application to file additional evidence of PW-1 to refer letter dated 23.11.2016 and 12.09.2016 respectively. On the other hand, defendant have objected to said application on the ground that it is vague and there is no reason given by plaintiff for delay to file additional evidence on affidavit. It is pertinent to note that plaintiff has filed evidence on affidavit vide Exh-16 along with compilation of documents vide list Exh-5 and 17. Some of the documents are marked as exhibits and some documents are not marked as exhibits. Yet cross-examination of PW-1 is not commenced. Therefore, in the interest of justice it is necessary to allow the plaintiff to file additional evidence of PW-1. If application is allowed, no prejudice would cause to the defendant, as they have opportunity to cross-examine PW-1. Hence, I proceed to pass following order-
Order
1. Application at Exh-23 is hereby allowed.
2. Additional evidence of PW-1 is taken on record and marked as Exh-16A.
Order below Exh-24
Perused application, say and record. Heard both parties. Plaintiff has filed an application under section 151 of Civil Procedure Code to withdraw an amount of Rs.24,00,000/- deposited by the defendant as per order dated 15.12.2021 passed in Summons for judgment No.367/18. It is further submitted that plaintiffs belongs to lower middle class and they do not have permanent residence. Plaintiff No.1 is a senior citizen and she is suffering from various critical ailments. Further, plaintiffs required funds for medical emergency. The plaintiff has filed photocopy of medical certificate as Exh-A to support its contention. Therefore, plaintiff may be allowed to withdraw said amount. On the other hand, defendants have objected for the same on the ground that similar application(Exh-A) was filed by plaintiffs on 24.04.2025 for same relief, which came to be rejected on 29.08.2025(Exh-C). The plaintiffs again have filed similar application for same relief and therefore, it is barred by principle of res-judicata. The plaintiffs are filing one or other applications and delaying the matter. Further, an amount of Rs.24,00,000/- is deposited as a condition to leave to defend the suit. Further, it is submitted that defendant No.2(a) is a widow and she has no source of income. Further, income of defendant No.2(c) is not sufficient. Further, if plaintiff is allowed to withdraw said amount, if defendants succeed in the suit, plaintiffs will not refund the said amounts. As per contention of plaintiffs themselves their financial condition is weak, therefore, if they are allowed to withdraw the amount, it will be difficult to recover the said amount from them. Further, medical certificate filed by plaintiffs no where discloses that they require amount as prayed. Hence, application may be rejected.
On perusing record, it appears that it is not disputed that defendants have deposited an amount of Rs.24,00,000/- in view of order passed in Summons for judgment No.367/18, dated 15.12.2021. The said amount is deposited in the fixed deposit. The plaintiffs are claiming said amount on the ground that plaintiff No.1 is a senior citizen and said amount is required for medical emergency. The plaintiffs have filed medical certificate at Exh-A to substantiate their contentions. However, plaintiffs had filed similar application for same relief at Exh-20, which came to be rejected on 29.08.2025. The plaintiffs have not challenged the said order. Admittedly, the present application is also filed for same relief. The earlier application was decided on merits after hearing both the parties. Therefore, I am of view that principal of res-judicata will apply to the present case. Therefore, I am of view that therefore, plaintiffs are not entitled for withdrawal of said amount at this stage. Hence, I proceed to pass following order-
Order
Application at Exh-24 is hereby rejected.
Matter is adj to 03.10.2025 for marking of documents/cross-examination of PW-1.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-10-2025
Date: 03-10-2025
Business: Court is on half day leave(in morning session).
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-10-2025
Date: 13-10-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Plaintiff No.2 in person is present.
The defendant and his counsel are absent.
Keep back
Perused documents filed by plaintiff vide list Exh-17. Document at Sr. No.7 i.e. letter dated 23.11.2016 is office copy along with original postal receipt and A. D. Card. Hence, it is marked as Exh-25(colly).
Defendant is given last chance to cross-examination of PW-1, as matter is old and expedited.
Matter is adj to 10.11.2025 for cross-examination of PW-1.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-11-2025
Date: 10-11-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Niranjan Pathak for plaintiff is present.
The defendant and his counsel are absent.
Keep back.
Later on at 12.03 pm
Plaintiff No.2 in person is present.
Adv. Niranjan Pathak for plaintiff is present.
Adv. Ameen Raibakkar i/b Chitnis Vaithy and Co. for defendant is present.
Keep back.
Later on at 1.15 pm
Adv. Niranjan Pathak for plaintiff is present.
Adv. Gauraj Shah i/b Chitnis Vaithy and Co. for defendant is present through video conferencing.
Court is busy in recording evidence in Suit No.8044/01 and hearing in Suit No.3984/10, Sum. Suit. 898/15 and SJ 49/25.
Matter is adj to 19.11.2025 for cross-examination of PW-1 at 2.45 pm.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-11-2025
Date: 19-11-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties and their advocate are absent.
Keep back at 2.45 pm
Later on at 2.45 pm
Both parties and their advocate are absent.
Later on at 3.30 pm
The plaintiff and his advocate are absent.
Adv. Veer Patel i/b Chitnis Vaithy and Co for defendant is present.
Later on at 4.40 pm
The plaintiff and his advocate are absent.
Adv. Veer Patel i/b Chitnis Vaithy and Co for defendant is present.
Plaintiff witness is absent.
Matter is adj to 27.11.2025 for cross-examination of PW-1 at 1.00 pm.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-11-2025
Date: 27-11-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties and their advocate are absent.
Keep back.
Later on at 12.48 pm
Plaintiff No.2 in person is present.
Adv. Sadaf Kazi h/f Adv. Niranjan Pathak for plaintiff is present.
Adv. Deep Patel i/b Chitnis Vaithy and Co. for defendants is present through video conference.
Keep back
Later on at 3.15 pm
Adv. Sadaf Kazi h/f Adv. Niranjan Pathak for plaintiff is present.
Adv. Amin Raibakker for defendants is present through video conference.
PW-1 Pooja Jagdish Yagnik is present and resumed on SA.
Cross-examination of PW-1 is partly recorded and deferred till next date.
Matter is adj to 11.12.2025 for further cross-examination of PW-1.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 11-12-2025
Date: 11-12-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
Adv. Gauraj Shah i/b Chitnis and Co. for defendant is present.
Keep back.
Later on at 12.17 pm
Plaintiff No.2 in person is present.
Keep back.
Later on at 12.45 pm
Plaintiff No.2 in person is present and resumed on SA.
Adv. Gauraj Shah i/b Chitnis and Co. for defendant is present.
Further cross-examination of PW-1 is recorded and completed.
Matter is adj to 24.12.2025 for further evidence.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 24-12-2025
Date: 24-12-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Plaintiff No.2 in person present through through video conference.
The defendant and his counsel are absent.
Keep back.
Later on at 11.29 pm
Plaintiff No.2 in person present and filed application to issue witness summons to Presiding Asst./Dy. Commissioner Of Income Tax-Ward No.Circle-19(1), Mumbai, 506, Piramal Chamber, Lalbaug, Dr. S. S. Rao Marg, Parel, Mumbai-400012. TOR and marked as Exh-26. O-Issue witness summons, as prayed on payment of witness Bhatta.
The defendant and his counsel are absent.
Matter is adj to 16.01.2026 for report/cross-examination of plaintiff witness.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 16-01-2026
Date: 16-01-2026
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Plaintiff No.2 in person present.
Adv. Veer Patel for defendants is present through video conference.
Witness Mr. Shashikant Singh, Deputy Commissioner of Income Tax Circle 19(1), Mumbai.
Keep back.
Later on at 12.30 pm
Plaintiff No.2 in person present and filed an application for production of documents without affixing stamp and even no list of documents. TOR and marked as Exh-27. Hence, keep for order.
Adv. Yogesh Patel for defendants is present through video conference.
Witness Mr. Shashikant Singh, Deputy Commissioner of Income Tax Circle 19(1), Mumbai
Keep back.
Matter is adj to 27.01.2026 for order on Exh-27
Later on at 3.23 pm
Report of witness summons issued to PresidingAsst./Dy. Commissioner of Income Tax, Ward No.Circle-19(1), Mumbai received. TOR and marked as Exh-28. On perusing report it appears that summons is served on witness on 12.01.2026.
Matter is adj to 27.01.2026 for order on Exh-27.
Next Purpose: ORDER
Next Hearing Date: 27-01-2026
Date: 27-01-2026
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Ms. Pooja Yagnik, plaintiff No.2 in person is present and filed an application for adjournment on the ground of advocate on record suffering from severe dehydration. TOR and marked as Exh-29. O-Allowed.
The defendant and his counsel are absent.
Order below Exh-27
Witness Mr. Shashikant Singh, Dy. Commissioner of Income Tax Circle 19(1), Mumbai was present on last date and filed an application for adjournment. He also filed documents on record. The said application is marked as Exh-27. As recorded in roznama dated 16.01.2026, said application is without affixing court fee stamp. Moreover, it was for adjournment. Therefore, plaintiff witness was supposed to remain present today for cross-examination. There is nothing on record to show that whether documents filed by said witness is served to the defendant. Hence, plaintiff is directed to serve documents filed by the witness to the defendant and keep witness present on next date for cross-examination. Hence, application is filed.
Matter is adj to 09.02.2026 for cross-examination of PW-2.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-02-2026
Date: 09-02-2026
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Plaintiff No. 2 in person is present.
Adv. Niranjan Pathak for plaintiff is present.
Witness is present.
Keep back for cross-examination.
Later on at 12.48 pm
Plaintiff No. 2 in person is present.
Adv. Niranjan Pathak for plaintiff is present and filed an application for production of documents along with list of documents and documents. TOR and marked as Exh-30 and 31 respectively. O-Other side to say. Plaintiff is directed to serve the copy of Exh-30 and 31 to the defendant.
Mr. Deepak Ankush Mohite, plaintiff witness No.2 is present and filed an application for exemption of personal attendance before the court. TOR and marked as Exh-32. O-Filed.
Adv. Gauraj Shah for defendant is present through video conference.
Matter is adj to 27.02.2026 for filing say on Exh-30 and filing evidence of PW-2.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-02-2026
Date: 27-02-2026
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Mr. Puja Yagnik, plaintiff No.2 is present.
Adv. Niranjan Pathak for plaintiff is present.
Adv. Deep Patel for defendant is present through video conference and requested for adjournment to file reply to Exh-30. Adjournment is granted as a last chance.
Matter is adj to 06.03.2026 for filing reply to Exh-30
Next Purpose: REPLY
Next Hearing Date: 06-03-2026
Date: 06-03-2026
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Plaintiff no.2 in person is present.
Adv for defendant present through VC.
kb
later on at 1.10pm
Plaintiff no.2 in person is present.
None for defendant.
kept back
later on at 3.pm
Defendant no2(c) filed say to Exh.30. TOR and marked as Exh. 30-A
It is directed to defendant no.2(c) to serve copy to other side.
Matter is adj to 20-03-2026 for hearing on Exh.30.
Next Purpose: HEARING
Next Hearing Date: 20-03-2026
Date: 20-03-2026
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Ms. Pooja Yagnik, Plaintiff No.2 is present.
Adv. Niranjan Pathak for plaintiff is present.
Adv. Ameen Raibakkar i/b Chitnis Vaithy and Co. for defendant is present.
Keep back.
Later on at 12.05 pm
Ms. Pooja Yagnik, Plaintiff No.2 is present.
Adv. Niranjan Pathak for plaintiff is present.
Adv. Ameen Raibakkar i/b Chitnis Vaithy and Co. for defendant is present.
Mr. Deepak Mohite, PW-2 is present.
Heard advocate for both sides on Exh-30
Matter is adj to 06.04.2026 for Order on Exh-30
Judge
Next Purpose: ORDER
Next Hearing Date: 06-04-2026
Date: 06-04-2026
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff absent
Adv. V. Patel for defendant is present.
Later on 1.35.pm.
Plaintiff no.2 in person present.
Defendant and advocate absent.
Order below Exh.30
Plaintiffs have filed and application to produce documents along with list at Exh.31. It is submitted on behalf of plaintiffs that they want to produce documents filed by list Exh.31. Further, said documents are filed through PW-2 who has authority to file the same. Defendants have raised technical objection. Hence, application may be allowed. On the other hand, it is argued on behalf of defendants that plaintiffs one to file documents that is income tax return, profit and loss account and balance sheet of the defendants. However, said documents are personal documents of the defendants therefore, plaintiff can not filed said documents. They relied on ratio laid down in Girish Ramchandra Deshpande v/s Central Information Commissioner and others, ( 2013) 1 SCC 212. It is for the submitted plaintiffs had tried to filed documents vide list Exh.5 however, same was not allowed. Hence, application may be rejected.
Perused application, say and record. Heard both parties. The plaintiff was to examine PW-2 therefore, they have produced documents vide list Exh.31. The said documents are of deceased defendant no.2. The defendants have objected for production of said documents only on the ground that said documents are personal documents and relied on ratio laid down in case law cited supra. It is pertinent to note that plaintiff has not obtained said document under Right to Information Act. Thus, it appears that facts in the present case and case law cited supra are different. Therefore ratio laid down in said case law is not applicable, said documents are filed through witness Mr. Shashikant Singh. The said documents appears to be relevant and necessary in the present suit. Hence, I proceed to pass following order.
Order
1. Application at Exh.30 is hereby allowed.
Matter is adj to 23/04/2026 for filling say on Exh.31.
Next Purpose: FILING SAY
Next Hearing Date: 23-04-2026
Date: 23-04-2026
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Plaintiff no.2 is present.
The defendant and his counsel are absent.
Kept back
Later on at 12.16 pm
Plaintiff no.2 is present.
The defendant and his counsel are absent.
Kept back
Later on at 1.29 pm
Plaintiff no.2 is present.
The defendant and his counsel are absent.
Defendant is given last chance to file reply on Exh.31
Matter is adj to 05-05-2026 for Reply on Exh.31.
Next Purpose: REPLY
Next Hearing Date: 05-05-2026
Date: 05-05-2026
Business: Plaintiff no.2 Pooja Yagnik person is present.
Adv Amin Raybakkar for defendants is present through video conferencing
kept back
later on at 12.07 pm
Plaintiff no.2 Pooja Yagnik person is present.
The defendant and his counsel are absent.
kept back
later on at 01.04 pm
Plaintiff no.2 Pooja Yagnik person is present.
Adv Amin Raybakkar for defendants is present and filed say to Exh.31. TOR and marked as Exh.31-A.
He also filed say on admission and denial. TOR.Copy served to other side.
Matter is adj to 10-06-2026 for hearing on exhibit 31.
Next Purpose: HEARING
Next Hearing Date: 10-06-2026
Date: 10-06-2026
Business: Plaintiff no.2 is present and filed an application for adjournment on the ground advocate is not seeking well. TOR and marked as Exh.33 . O- Granted.
The defendant and his counsel are absent.
Matter is adj to 01-07-2026 for Hearing.
Later on at 11.57
Adv Mohd. Maazdurshi for defendants is present through video conferencing
Matter is adj to 01-07-2026 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 01-07-2026
Date: 01-07-2026
Business: Plaintiff No.2 is present in person through video conferencing and orally requested for adjournment. O- Granted..
Adv Yogesh Patel for defendants is present through video conferencing .
Matter is adj to 03-08-2026 for Hearing on documents.
Next Purpose: HEARING
Next Hearing Date: 03-08-2026
Date: 03-08-2026
Business: PO is on training.
Next Purpose: HEARING
Next Hearing Date: 20-08-2026
Date: 20-08-2026
Business: Matter received from C.R.81 as per office order.
Plaintiff No.2 present. Advocate for plaintiff not present.
Defendant absent. Adv. Ameenrai Bakkar for defendant present through VC.
Kept back for say
Later on at 1.41 p.m.
Advocate for defendant argued on VC short date may be granted to file say and written argument. Plaintiff no.2 in person submitted that, it is for argument, her Advocate is senior citizen and ready to argue on VC. Adv. Neernjan Pathak for plaintiff present through VC and submitted that Exh.31 is for argument. It appear that, Exh.31 is list of document and application is at Exh.30 for production of document. My Ld. Predecessor passed order below Exh.30 other side to say and say is filed on record. Already order is passed below Exh.30 on 06-04-2026. The plaintiff to proceed further in view of order below Exh.30.
Matter adjourned to 03-09-2026 for taking steps.
Judge
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 03-09-2026
Date: 03-09-2026
Business: Plaintiff No.2 present. Advocate for plaintiff absent.
Kept back.
Later on at 1.00 p.m.
Plaintiff No.2 present and submitted that Exh.31 is for argument, say already filed by defendant at Exh.31A, the plaintiff Advocate have already tendered written argument on Exh.31, it is taken on record, copy is served to the other side. Further submitted that this written argument be treated as final argument on behalf of plaintiff Advocate. It is noted. The defendant Advocate to argue on Exh.31 or at liberty to file written argument on Exh.31 forthwith or maximum on next date and remain present for argument without fail.
Defendant absent. Adv. Amen Raibakker for defendant present.
Matter adjourned to 07.10.2026 for argument.
Judge
Next Purpose: ARGUMENTS
Next Hearing Date: 07-10-2026Additional Case Details
Additional Case Details
Filing Number: 105993/2018 Filing Date: 23-04-2018 First Hearing Date: 16th August 2018 Court Number And Judge: 82-Court 82 Adhoc and Addl Sessions Judge
Orders
0No order text is available in this record.
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