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SUIT - SHORT CAUSE CIVIL SUIT

Mr. Yasin Yakub KhanVsM/s. Yashodhan Builder and Developers +1 more

CNR MHCC01005484201864-COURT 64 AD-HOC ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
PENDING

TrustJury record updated 12 Sept 2026

Case Overview

Registration Number
101535/2018
Registration Date
22 Jun 2018
Next Hearing Date
03 Oct 2026
Case Stage
RECORDING EVIDENCE

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    Hindu Marriage Act · Sec 34 · 38

    Case History / Proceedings

    Case History
    Date: 13-07-2018
    Business: Adv. Mr. O. P. Tiwari for the Plaintiff present.
    Adv. Mr. Vaid for Defendant no. 2 present.
    CA of defendant no. 1 present.
    Vakalatnama of the plff. t.o.r.
    Vakalatnama tendered by deft no. 2. t.o.r. O-filed.
    Original writ of summons tendered by the plff. t.o.r.
    Draft Notice of Motion alongwith affidavit in support taken out by the plaintiff for restraining the defendant temporarily from creating third party interest in the suit premises and also for giving directions to the defts to pay compensation amount from January 2010 to March 2018 total amount of Rs.15,72,000/- in respect of room no. 7. t.o.r. Leave granted to register.
    Written Statement cum reply tendered by deft no. 2. t.o.r.
    Matter is adjd. to 9.08.2018 for W.S and reply by defendant no. 1 at 2.45p.m.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 09-08-2018
    
    Date: 09-08-2018
    Business: Adv. O.P. Tiwari for pltff filed registered N/M No.2672/18. t.o.r.
    None for Deft.
    The court is busy in mediation work, hearing arguments in other matters and dictating judgment in SU no. 3796/06. Hence board is discharged.
    Matter is adjd. to 04.10.2018 for N/M Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-10-2018
    
    Date: 04-10-2018
    Business: Adv. Mr. Tiwari for the Plaintiff present.
    Adv. Mr. Vaid for Defendant present.
    Draft Chamber Summons alongwith affidavit in support taken out by the plaintiff. t.o.r. Leave granted to register.
    Copy served to other side.
    Matter is adjd. to 13.11.2018 for reply to Ch/s.
    Next Purpose: C/S REPLY
    Next Hearing Date: 13-11-2018
    
    Date: 13-11-2018
    Business: Adv. Mr. Omprakash Tiwari for the Plaintiff present.
    Adv. Ms. Shagufa Ansari for Defendant no. 1 and 2 present and she filed Vakalatnama. t.o.r.
    Original Chamber Summons no. 2004/18 alongwith affidavit in support tendered by the plaintiff. t.o.r.
    Affidavit of service of Ch/s to proposed deft tendered by the plff. t.o.r.
    Pursis tendered by deft no. 1 by which defendant no. 1 has adopted the Written Statement of defendant no. 2. t.o.r. O-R and R.
    Affidavit in reply of defendant no. 2 to Ch/s. t.o.r.
    Proposed defendant no. 3 through duly served with Ch/s, failed to appear and failed to file reply.
    Adv for deft nos. 1 and 2 have submitted that reply of deft no. 2 be treated as reply of deft no. 1.
    Matter is adjd. to 14.12.2018 for Ch/s hearing/ N/M hearing/ draft issues.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 14-12-2018
    
    Date: 14-12-2018
    Business: Adv. O. P. Tiwari for the plaintiff present.
    Adv. M. A. Vaid for defendant no. 1 and 2 present.
    VP tendered by proposed deft no. 3.
    The plaintiff is directed to hand over copy of plaint and WS to proposed deft. no. 3
    Matter is adjd. to  15.2.19  for Reply to chs proposed deft. no. 3/NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-02-2019
    
    Date: 15-02-2019
    Business: Resumed.
    Adv. Omprakash Tiwari for plaintiff, Adv. Wasim Khan for respondent and Adv. Shagufa Ansari for defendant nos. 1 and 2 are present.
    Adv. Khan for respondent - proposed def. no. 3 submits that the Ch/s may be allowed by adding the applicant as def. no. 3.  His statement is accepted and taken on record.
             In view of the same the  respondent is added as def. no. 3 by making the Ch/s no. 2004/2018 absolute in terms of prayer clause (a).
    Adv. Tiwari also tendered registered NM No. 2672/2018 with affidavit.  He undertakes to supply copies of NM and plaint to the def. no. 3.
    Adjd for compliance to 02.04.2019.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 02-04-2019
    
    Date: 02-04-2019
    Business: Resumed.
    Adv. R. L. Singh for plaintiff, Adv, Wasim Khan for def. no. 3 and Adv. M. A. Vaid for defendant no. 1 and 2 are present.
    Exh. 7-  Vakalatnama of Adv. Khan for def. no. 3. O- Seen and filed.
    Adv. Khan seeks time to file w.s.  Time is granted as last chance.
    Adv. Singh undertakes to serve the copy of w.s. to advocate for def. no. 3 as directed earlier on or before next date.
    Adjd for written statement to 05.07.2019.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 05-07-2019
    
    Date: 05-07-2019
    Business: None present for plaintiff and defendants.
    Deft. no. 3 appeared on last date and sought time to file written statement.  Time was granted as a last chance. None present on behalf of deft. no. 3.  Written statement is not filed.  Suit is proceeded without written statement of defendant no. 3.
    Adjourned for hearing NM 2672/18 as a last chance to 26.9.2019.
    LO at 5.00 p.m
    Adv. Ravindra Singh for plaintiff present.
    Adv. Wasim Khan for deft. no. 3 present.
    Adv. Ansari for deft. nos. 1 and 2 present.
    The Ld. counsel for the deft. no. 3 submitted that the copy of the plaint and documents were supplied to the counsel for deft. no. 3 on 4.7.2019.  He seeks time to file written statement.  This court has passed order of proceeding suit without written statement of deft. no. 3.  The ld .counsel for the plaintiff admits that the copy of the plaint and document were supplied to the deft. no. 3 on 4.7.2019.  In view of that the order of proceeding suit without written statement of deft. no. 3 is called back and set aside.
    Adjourned for filing written statement by deft. no. 3 and hearing NM No. 2672/18 to 26.9.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-08-2019
    
    Date: 05-07-2019
    Business: None present for plaintiff and defendants.
    Deft. no. 3 appeared on last date and sought time to file written statement.  Time was granted as a last chance. None present on behalf of deft. no. 3.  Written statement is not filed.  Suit is proceeded without written statement of defendant no. 3.
    Adjourned for hearing NM 2672/18 as a last chance to 26.9.2019.
    LO at 5.00 p.m
    Adv. Ravindra Singh for plaintiff present.
    Adv. Wasim Khan for deft. no. 3 present.
    Adv. Ansari for deft. nos. 1 and 2 present.
    The Ld. counsel for the deft. no. 3 submitted that the copy of the plaint and documents were supplied to the counsel for deft. no. 3 on 4.7.2019.  He seeks time to file written statement.  This court has passed order of proceeding suit without written statement of deft. no. 3.  The ld .counsel for the plaintiff admits that the copy of the plaint and document were supplied to the deft. no. 3 on 4.7.2019.  In view of that the order of proceeding suit without written statement of deft. no. 3 is called back and set aside.
    Adjourned for filing written statement by deft. no. 3 and hearing NM No. 2672/18 to 26.9.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-08-2019
    
    Date: 05-08-2019
    Business: By preecpie.
    Adv. Ansari for defendant nos. 1 and 2 present.
    Defendant nos. 1 and 2 filed additional written statement.
    Adjourned for filing written statement by deft. no. 3 and hearing NM No. 2672/18 to 26.9.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-09-2019
    
    Date: 26-09-2019
    Business: Adv. O. P. Tiwari for plaintiff present.
    Adv. Vaid for defendant nos.1 and 2 present.
    The defendant no. 3 was supplied with the copy of plaint and documents on 4.7.2019 but till date he has not filed the written statement and reply to the NM.  Hence, suit be proceeded without written statement of defendant no. 3 and also the NM is proceeded without reply of defendant no. 3.
    Copy of additional written statement supplied by advocate for defendant nos. 1 and 2 to the plaintiff.
    Adjourned for hearing on NM to 26.11.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-11-2019
    
    Date: 26-09-2019
    Business: Adv. O. P. Tiwari for plaintiff present.
    Adv. Vaid for defendant nos.1 and 2 present.
    The defendant no. 3 was supplied with the copy of plaint and documents on 4.7.2019 but till date he has not filed the written statement and reply to the NM.  Hence, suit be proceeded without written statement of defendant no. 3 and also the NM is proceeded without reply of defendant no. 3.
    Copy of additional written statement supplied by advocate for defendant nos. 1 and 2 to the plaintiff.
    Adjourned for hearing on NM to 26.11.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-11-2019
    
    Date: 26-11-2019
    Business: Adv.Mr.Singh for plff. Present.
    Adv.Shahgufta foer deft nos.,1 and 2 present.
    Adv.Wasim Khan for deft no.3.
    Two Draft Notice of Motions filed by adv. for deft no.3 alongwith the w/statement.
    Leave granted to register Notice of Motions.
    Copy is served to the plff and deft no.1.
    Adjd. to 20.12.2019 for hearing on Notice of Motion.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-12-2019
    
    Date: 26-11-2019
    Business: Adv.Mr.Singh for plff. Present.
    Adv.Shahgufta foer deft nos.,1 and 2 present.
    Adv.Wasim Khan for deft no.3.
    Two Draft Notice of Motions filed by adv. for deft no.3 alongwith the w/statement.
    Leave granted to register Notice of Motions.
    Copy is served to the plff and deft no.1.
    Adjd. to 20.12.2019 for hearing on Notice of Motion.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-12-2019
    
    Date: 20-12-2019
    Business: Adv. O. P. Tiwari for plaintiff present.
    Adv. Shagufa Ansari for deft. no.1 and 2 present.
    Adv. Waseem Khan for deft. no.3 present.
    Adv. for plaintiff tendered rejoinder and reply to N/M no.4845/19.  T.O.R.
    Adv. for plaintiff tendered reply to N/M no.4844/19.  T.O.R.
    Copies are supplied to other side.
    Adv. for deft. no.3 tendered registered N/M no.4844/19 and 4845/19.  T.O.R.
    The matter is adjd for N/M hearing to 04.02.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-02-2020
    
    Date: 04-02-2020
    Business: Adv. O.P. Tiwari for plaintiff present.
    Adv. Vidya S. for deft. nos.1 and 2 present.
    Adv. Wasim Khan for deft. no.3 present.
    COMMON ORDER IN N/M NO.4844/19 AND 4845/19
    Heard. By these N/M\''s, the deft. no.3 is seeking condonation of delay in filing W/S and setting aside without W/S order.  Ld. Counsel for deft. no.3 submitted that the counsel could not reach the court in time on 26.11.2019.  Later on, the counsel for deft. no.3 came to the court and tendered application to oppose interim relief.  Meanwhile, the court has proceeded without W/S and reply of deft. no.3.  The counsel for deft. no.3 submitted that there is delay of 110 days in filing W/S and the delay is not deliberate.  The deft. no.3 was unable to give instruction to his counsel due to his illness and he had to undergo cataract surgery.  Therefore, he seeks leave of this court for filing the W/S after condoning the delay and setting aside no W/S order.
    The N/M\''s are vehemently opposed by the plaintiff on the count that the delay is deliberate and intentional.  The deft. no.3 wish to protract the hearing in N/M no.2672/18 tendered by plaintiff.  The counsel for deft. no.3 had reached the court after the matter was called cannot be the ground for delay.  He prayed for dismissing the N/M\''s.
    On perusal of the record, it appears that without W/S order was passed on 05.07.2019 but at the time of passing order to proceed without reply to N/M, again the order was passed to proceed without W/S of deft. no.3.  The counsel for deft. no.3 might have reached the court after the matter was called but on the same day, deft. no.3 was not ready with W/S.  Therefore, the said ground is not justifiable ground.
    Be that as it may, the matter is at initial stage.  The matter is not cropped up for evidence.  The substantial rights of the parties are involved.  The deft. no.3 wish to actively participate in the proceeding.  In such types of motions, there should not be hyper-technical and pedantic approach.  If the W/S is taken on record, no prejudice would be caused to the plaintiff and it would be in the interest of the parties if the matter is decided after giving fair opportunity to the parties to the suit.  Thus, in the interest of justice, both N/M\''s need consideration.  Therefore, it is expedient to pass the following order.
    ORDER
    1.   N/M No.4844/2019 and N/M No.4845/2019 are made absolute in terms of its prayer clause (a) and (b) subject to the cost of Rs.2,500/- to be paid by the deft. no.3 to the plaintiff within a period of two weeks from today.
    2.      Payment of cost is subject precedent.
    3.    On compliance of the order, the W/S be taken on record.
    4.    N/M No.4844/2019 and N/M No.4845/2019 are disposed off accordingly.
    The matter is adjd for compliance and N/M hearing to 11.03.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-03-2020
    
    Date: 11-03-2020
    Business: Adv. Tiwari for plaintiff present.
    Adv. Ansari for deft. nos.1 and 2 present.
    Adv. Wasim Khan for deft. no.3 present.
    Ld. counsel for deft. no.3 submitted that as per the order dated 04.02.2020 in N/M no.4844/19, he has paid the cost to plaintiff.  Ld. Counsel for plaintiff admits the receipt of the cost.
    As the order is complied, the written statement of deft. no.3 is taken on record.
    Written statement of deft. no.3.
    O. - Read and recorded.
    The matter is adjd for N/M hearing to 27.03.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-03-2020
    
    Date: 27-03-2020
    Business: adjourned
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-04-2020
    
    Date: 08-04-2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-05-2020
    
    Date: 30-05-2020
    Business: In view of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pademic by WHO and as per Office Order 78 of 2020, matter adjourned
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-06-2020
    
    Date: 17-06-2020
    Business: In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-09-2020
    
    Date: 15-09-2020
    Business: Due to Lock-down (Covid 19) the matter is adjd.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-11-2020
    
    Date: 26-11-2020
    Business: Due to Covid-19, the matter is adjourned
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-02-2021
    
    Date: 12-02-2021
    Business: None for plaintiff.
    Adv. Ansari for deft. nos.1 and 2 present.
    Adjourned as a last chance for N/M hearing.
    The matter is adjd for hearing on N/M to 08.03.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-03-2021
    
    Date: 08-03-2021
    Business: Adv. Omprakash for plaintiff present.
    Adv. Ved for deft. nos.1 and 2 present.
    Adv. Wasim Khan for deft. no.3 present.
    Ld. counsel for plaintiff seeks adjournment for hearing on N/M.  Already last chance was given for hearing.  Put N/M No.2672/18 for dismissal.
    The matter is adjd for dismissal of N/M No.2672/18 to 22.04.2021.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 22-04-2021
    
    Date: 22-04-2021
    Business: Due to Covid-19, matter is adjourned
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 30-07-2021
    
    Date: 30-07-2021
    Business: In view of office order no.131/2021 dated 02.07.2021, the matter not being urgent, is adjourned to 29.09.2021.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 29-09-2021
    
    Date: 29-09-2021
    Business: Adv. Tiwari for plaintiff is present..
    Adv. Vasim Khan for defendant no.3 is present.
    Last chance for as none appeared for defendant no.1 and 2.
    Matter adjd for NM hearing on 15.12.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-12-2021
    
    Date: 15-12-2021
    Business: In view of Office Order No. 275/21,  P.O. is attending  40hrs Mediation Training Programme as a participant at Aurangabad,
    Matter is Adjd to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-03-2022
    
    Date: 07-03-2022
    Business: Adv. Vidhya for deft nos 1 and 2 present.
    Adv. Suraj Gupte for deft no. 3 present
    On oral request of adv for deft, Matter is adjd to 22/06/2022 for NM hearing
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-06-2022
    
    Date: 22-06-2022
    Business: Adv. O.P. Tiwari for plaintiff is present.
    Adv. Vaid for defendant no. 1 and 2 is present.
    KB LO at 4.15 p.m.
    With consent of both the parties matter adjourned for NM hearing.
    Matter adjd to 27.07.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-07-2022
    
    Date: 27-07-2022
    Business: P. O. is on leave. Matter is adjd to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-09-2022
    
    Date: 17-09-2022
    Business: Adv. Singh for plaintiff is present.
    Adv. Ansari for defendants no. 1 and 2 is present.
    On oral request of Adv.for plaintiff matter adjourned for NM hearing.
    Matter adjd to 24.11.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-11-2022
    
    Date: 24-11-2022
    Business: Adv. Abhijeet and Anjali Deshmukh for plaintiff are present and filed V/P. T.O.R. and marked as Exh.10.
    Adv. Vidhya Sheth for defendant no.2 is present.
    None present for defendant no.1.
    Matter adjd to 02.02.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-02-2023
    
    Date: 02-02-2023
    Business: Adv. Shoaib for plaintiff is present.
    Adv. Shakufa Ansari for defendants no. 1 and 2 is present.
    Adv. Wasim Khan for defendant no.3 is present.
    The Ld.Adv.for plaintiff has filed an application for adjournment t.o.r marked as Exh.11. It is contended that  the Ld.Advocate who is looking after the matter is unable to remain present due to his own personal difficulty. Hence, time be granted to argue the NM. The defendant opposed the application. It is to be seen that the NM is taken out in the year 2018, since then matter is adjourned for hearing on NM. Thus, considering these aspects last chance granted subject to payment of cost of Rs.1500/- paid by the plaintiff to DLSA, Mumbai.
    Matter adjd to 15.03.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-03-2023
    
    Date: 15-03-2023
    Business: P.O.is on leave. Matter adjd to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-06-2023
    
    Date: 09-06-2023
    Business: None present for plaintiff.
    Adv. Wasim Khan for defendant No.3 present
    Adv. Shagufa Ansari for defendant No.1 and 2 present.
    It is to be seen that on 02.02.2023, last chance granted to the plaintiff to argue the NM No.2672/2018 subject to payment of cost of Rs.1500/-paid to DLSA Mumbai, from record it reveals that the plaintiff has not paid the amount of cost. Even today the plaintiff and his Ld. Adv. absent when called. Therefore, the NM No.2672/2018 stands dismissed in default. The matter be kept for dismissal order.
    Matter adjd to 19.08.2023 for dismissal order.
    Next Purpose: ORDER
    Next Hearing Date: 19-08-2023
    
    Date: 19-08-2023
    Business: Adv. Pallabi Chatterjee h/f Adv. Ghadigaonkar for plaintiff is present and filed vakalatnama. TOR. Exh-12. O-seen.
    She has also filed an application for removal of suit from the caption of dismissal. TOR. Exh-13. Considering the request the matter is removed from the caption of dismissal.
    None present for defendant.
    On oral request the matter is adjourned for evidence of plaintiff as last chance.
    Matter adjd to 19.10.2023 for evidence of plaintiff.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 19-10-2023
    
    Date: 19-10-2023
    Business: P. O. is on leave
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 11-01-2024
    
    Date: 11-01-2024
    Business: P. O is on leave
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 22-02-2024
    
    Date: 22-02-2024
    Business: Plaintiff in person is present and his advocate absent. He seek time. O- Time granted.
    Adv. Wasim Khan for defendant no. 1 is present.
    Adv. M. A. Vaid for defendant no. 2 is present.
    Matter adjd to 19.06.2024 for framing issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 19-06-2024
    
    Date: 19-06-2024
    Business: Plaintiff is present.
    Adv. Shagufa Ansari for defendant no.1 and 2 is present and filed draft issues. TOR.
    Issues are framed at Exh.14.
    Matter adjd to 10.09.2024 for evidence of plaintiff.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 10-09-2024
    
    Date: 10-09-2024
    Business: Plaintiff present.
    Adv. Ravindra Singh for plaintiff present and seek time. O- Time granted.
    None present for defendant.
    Matter adjd to 27.11.2024 for evidence of plaintiff on the request of Adv. for plaintiff.
    L.O at 11.48 a.m.
    Adv. Gayatri Jadhav i/b Adv. Waseem Khan for defendant no.3 present.
    Matter already adjd to 27.11.2024.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 27-11-2024
    
    Date: 27-11-2024
    Business: None present for plaintiff.
    Adv Shagufa Ansari for defendant no.1 and 2 is present.
    Adv. Afzal Mugal i/b Adv. Waseem Khan for defendant  no.3 is present.
    Last chance granted to plaintiff to lead oral evidence
    Matter adjd to 14/02/2025  for evidence of plaintiff.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 14-02-2025
    
    Date: 14-02-2025
    Business: Adv. Pratik Molasi for plaintiff is present and filed vakalatnama Exh.15 TOR. He seek time to lead evidence. O-Time granted.
    Adv. Shagufa Ansari for defendant nos.1 and 2 is present.
    On request matter adjd to 12.06.2025 for evidence of plaintiff .
    Next Purpose: RECORDING EVIDENCE P.H.
    Next Hearing Date: 12-06-2025
    
    Date: 12-06-2025
    Business: None present for plaintiff.
    Adv. Vidhya N. Shet i/b Vaid and Associates for defendant no.1 and 2 is present.
    Adv. Afzal Mugal i/b Waseem Khan for defendant no.3 is present.
    Matter adjd to 19.07.2025 for dismissal order.
    Next Purpose: DISMISSAL
    Next Hearing Date: 19-07-2025
    
    Date: 19-07-2025
    Business: Adv. Anantika Nidhi for plaintiff is present and seek time to lead evidence. But matter is posted for dismissal order. Hence, matter is adjourned on same stage.
    Plaintiff present.
    None present for defendant.
    Matter adjd to 23.09.2025 for dismissal.
    L. O at 11.50 p.m.
    Adv. Wasim Khan for defendant no.3 is present.
    Matter already adjd to 23.09.2025.
    Next Purpose: DISMISSAL
    Next Hearing Date: 23-09-2025
    
    Date: 23-09-2025
    Business: Plaintiff is present.
    Adv. Wasim Khan for defendant no. 3 is present.
    Kept Back
    Later on at 12.25 pm
    Adv. Menal Mishra for plaintiff present.
    Advocate Shagufa Ansari for defendant no. 1 and 2 present.
    Adv. Wasim Khan for defendant no. 3 is present .
    Kept Back
    Later on at 4.25 pm
    Adv. Mayuri Kadav i/b Adv. Manoj Tiwari for plaintiff is present and filed evidence affidavit Exh.16 and seek time to file compilation of documents.
    PW-1 Yasin Yakub Khan present and admit contents of evidence affidavit on S.A. hence, read and recorded. Copy be served on other side.
    Matter adjd to 03.11.2025 for filing document and for service.
    Next Purpose: SERVICE
    Next Hearing Date: 03-11-2025
    
    Date: 03-11-2025
    Business: Adv. Mayuri Kadav for plaintiff is present and filed compilation of documents, marked Exh-17 TOR. Copy has been served to other side. Plaintiff is directed make proper paging.
    Adv. Shagufa Ansari for defendant no. 1 and 2 is present.
    Adv. Wasim Khan for defendant no.3 present.
    Matter adjd to 05.02.2026 for Admission deniel.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 05-02-2026
    
    Date: 05-02-2026
    Business: Adv. Minal Mishra i/b Adv. Manoj Tiwari for plaintiff is present.
    Plaintiff in person present.
    Adv. Vidhya N. Shet i/b Vaid and Associates for defendant no.1 and 2 is present and filed say/objection on the documents of the plaintiff. TOR and marked as Exh.17A.
    Matter adjourned to 11.06.2026 for marking of documents.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 11-06-2026
    
    Date: 11-06-2026
    Business: p.o. is on leave.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 23-07-2026
    
    Date: 23-07-2026
    Business: Matter received from Court No.1.
    Plaintiff present.
    Advocate Mayuri Kadav present for plaintiff.
    Advocate Deenish Vad present for defendant No.1 and 2.
    Advocate Ahmed Lambe present for defendant No.3 and filed reply on Exh-17 t.or. Marked at Exh-18. O-Seen.
    Matter is adjd to 02.09.2026 for Hearing on document.
    Next Purpose: HEARING
    Next Hearing Date: 02-09-2026
    
    Date: 02-09-2026
    Business: CORAM- H.H.J.Ad HOC SHRI. S.K.FOKMARE (CR NO.64).
    Adv. Mayuri Kadav h/f Adv. Manoj Tiwari for plaintiff present.
    None for defendant present.
    Kept Back. Later on at 11.45 am.
    Adv. Shagufa Ansari a/w Adv. Daanish Vaid for defendant No.1 and 2 present.
    Adv. Ahmed Lambe i/b Adv. Waseem Khan for defendant No.3 present.
    Heard Ld. Counsel for both sides on the point of admission and denial of documents. The defendants have not admitted the documents supplied by plaintiff list at Exh.17. However, plaintiff during his affidavit in lieu of examination-in-chief Exh.16 has given the details of documents supplied below list Exh.17. Considering the evidence of PW-1 the original documents given below list Exh.17 can be marked as an Exhibit. The defendants can cross examine the witness in respect of Exhibited documents. Hence, original documents at Sr. No.1, 4, 6 to 15 and the copies of advocate notice at Sr. No.16 and 17 be marked as an Exh.19 to Exh.32.List of documents.Sr.No.
    Particulars
    Page No.
    Exh. No.
    1.
    Original copy of ration card.
    1
    Exh.19
    2.
    Original copy of tax challan dt.30.06.1993
    10
    Exh.20
    3.
    Original copy of  Driving license and Aadhar card.
    13-14
    Exh.21 and Exh.21A
    4.
    Original copy of reliance mobile bill
    15
    Exh.22
    5.
    Original copy of identity card dt.31.08.2007
    16
    Exh.23
    6.
    Original copies of insurance policy certificate.
    17
    Exh.24
    7.
    Original copy of State Bank of India letter dt.03.12.2009
    18
    Exh.25
    8.
    Original copy of insurance policy.
    19
    Exh.26
    9.
    Original copies of policy issued by HDFC Standard Life.
    20
    Exh.27
    10.
    Original copy of letter issued by DCB bank to plaintiff.
    21
    Exh.28
    11.
    Original copies insurance policy issued by TATA AIG life.
    22
    Exh.29
    12.
    Original copies of International debit card issued by Bank of Baroda.
    23
    Exh.30
    13.
    Office copy of advocates notice dt.06.04.2015
    24-16
    Exh.31
    14.
    Office copy of advocates notice dt.08.03.2018
    27-30
    Exh.32
    Matter is adjd. to 03.10.2026 for Cross-examination.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 03-10-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 105977/2018
    Filing Date: 23-04-2018
    First Hearing Date: 13th July 2018
    Court Number And Judge: 64-COURT 64 AD-HOC ADDL SESSIONS JUDGE

    Orders

    2
    Interim Order 1
    19 Jun 2024
    Order Details: Other
    Pdf Text: 1
    MHCC010054842018
    IN THE COURT OF BOMBAY CITY CIVIL COURT, GR. MUMBAI.
    Suit No.1535 of 2018
    Exh.14
    Mr. Yasin Yakub Khan ... Plaintiff
    V/S
    1. M/s. Yashodhan Builder and Developers
    & Ors. ... Defendants
    CORAM :HIS HONOUR JUDGE
    SHRI R. R. PATARE
    (COURT ROOM NO.01)
    DATE :19th DAY OF JUNE, 2024
    ISSUES
    1. Whether plaintiff proves that he is entitled to old room bearing
    no.7 situated at Dhunjabhoy Ice Factory Pvt.Ltd., Mazgoan, Mumbai ?
    2. Whether plaintiff is entitled to get alternative accommodation as
    claimed ?
    3. Whether plaintiff is entitled for decree of possession as claimed ?
    -- 1 of 3 --
    2
    4. Whether plaintiff is entitled to get compensation amount from
    the period January,2010 to March, 2018 total amount of Rs.15,72,000/-
    as claimed ?
    5. Whether suit is properly valued ?
    6. Whether suit is filed within a period of limitation ?
    7. What order and decree ?
    ( R. R. Patare)
    Judge, City Civil & Sessions Court,
    Date:19.06.2024 Greater Mumbai
    (C.R.No.01)
    -- 2 of 3 --
    3
    -- 3 of 3 --
    Order 1
    19 Jun 2024
    Order Details: Other
    Pdf Text: 1
    MHCC010054842018
    IN THE COURT OF BOMBAY CITY CIVIL COURT, GR. MUMBAI.
    Suit No.1535 of 2018
    Exh.14
    Mr. Yasin Yakub Khan ... Plaintiff
    V/S
    1. M/s. Yashodhan Builder and Developers
    & Ors. ... Defendants
    CORAM :HIS HONOUR JUDGE
    SHRI R. R. PATARE
    (COURT ROOM NO.01)
    DATE :19th DAY OF JUNE, 2024
    ISSUES
    1. Whether plaintiff proves that he is entitled to old room bearing
    no.7 situated at Dhunjabhoy Ice Factory Pvt.Ltd., Mazgoan, Mumbai ?
    2. Whether plaintiff is entitled to get alternative accommodation as
    claimed ?
    3. Whether plaintiff is entitled for decree of possession as claimed ?
    -- 1 of 3 --
    2
    4. Whether plaintiff is entitled to get compensation amount from
    the period January,2010 to March, 2018 total amount of Rs.15,72,000/-
    as claimed ?
    5. Whether suit is properly valued ?
    6. Whether suit is filed within a period of limitation ?
    7. What order and decree ?
    ( R. R. Patare)
    Judge, City Civil & Sessions Court,
    Date:19.06.2024 Greater Mumbai
    (C.R.No.01)
    -- 2 of 3 --
    3
    -- 3 of 3 --

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