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SUIT - SHORT CAUSE CIVIL SUIT

Panch Pushpa Co. Op. Housing Society Ltd. Through Aravind S. PadukoneVsAdityaraj Developers +2 more

CNR MHCC0100625120199-COURT 09 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 15th November 2025

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
101937/2019
Registration Date
04 Jul 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    4

    Acts & Sections

    1
    Hindu Marriage Act · Sec 34 and 37

    Case History / Proceedings

    Case History
    Date: 25-07-2019
    Business: None for Plaintiff.
    Matter is already adjd. to 29.08.2019.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 29-08-2019
    
    Date: 29-08-2019
    Business: Adv. Dr. Santosh Raje for the Plaintiff present.
    Adv. Satamkar for Defendant-3 present.
    Adv. Mandiar for Defendant no. 1 present.
    Vakalatnama tendered by Defendant no. 1. t.o.r.
    Vakalatnama tendered by Defendant no. 3. t.o.r.
    Reply to N/M tendered by Defendant no. 1. t.o.r.
    Original registered Ch/s No 1422/19 alongwith affidavit in support tendered by the Plaintiff. t.o.r. The Plaintiff has not pressed Ch/s. Hence, Ch/s no. 1422/2019 stands disposed of.
     Draft Ch/s alongwith affidavit in support taken out by the Plaintiff. t.o.r. Leave granted to register
    Defendant no. 1 and 3 waive the service of writ of summons.
    Matter is adjd. to 17.10.2019 for reply to Ch/s by Defendant nos. 1 and 3/ proof of service of writ of summons/ WS by Defendant no. 1 and 3/
    Next Purpose: REPLY
    Next Hearing Date: 17-10-2019
    
    Date: 17-10-2019
    Next Purpose: REPLY
    Next Hearing Date: 17-01-2020
    
    Date: 17-01-2020
    Next Purpose: REPLY
    Next Hearing Date: 13-03-2020
    
    Date: 13-03-2020
    Business: Adv. Ms. Sonali Mishal for the Plaintiff present and she filed rejoinder to reply of Defendant no. 3 in N/M no.2716/19. t.o.r. and she she filed rejoinder to reply of Defendant no. 3 in Ch/s no. 1682/19. t.o.r.  Copies supplied to the other side.
    Adv. Mr. Satamkar h/f Kandekar for Defendant no. 3 present.
    Adv. V. Mannadia for Defendant no. 1 present.
    Draft N/M alongwith affidavit in support taken out by the Defendant no.1. t.o.r. Leave granted to register.
    Matter is adjd. to 24.06.2020 for registration of draft N/M and N/M hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-06-2020
    
    Date: 24-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-11-2020
    
    Date: 12-11-2020
    Business: Due to lockdown because of Covid-19, board is discharged and as per SOP only urgent matters are taken up.
    Matter is adjd. to 1.3.2021 for N/M hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-03-2021
    
    Date: 01-03-2021
    Business: None for plaintiff.
    Adv. Mr. Pathak h/f Adv. Mr. Kandekar for the defendant No.3.
    Adv. Mr. Shriram Redij for the defendant No.7.
    Last chance is granted to the plaintiff to tender registered NM.
    Matter is adjd. to 21/04/2021 for tendering registered NM and reply.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-04-2021
    
    Date: 21-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-07-2021
    
    Date: 09-07-2021
    Business: due to covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-09-2021
    
    Date: 08-09-2021
    Business: Court is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-11-2021
    
    Date: 15-11-2021
    Business: Adv. Mr. Santosh D. Raje for plaintiff present.
    Adv. Chandramore for defendant/BMC No.2 present.
    Adv. Mr. Pathak h/f Adv. Mr. Kandekar for the defendant No.3 present.
    None other defendants.
    Defendant No.2 has failed to file WS. Hence, the suit to proceed without WS against defendant No.2.
    Defendants No.1 and 2 have failed to file reply to Ch/s. Hence, the suit to proceed without reply of Ch/s against defendants No.1 and 2.
    Matter is adjd. to 03/12/2021 for Ch/s hearing/framing issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 03-12-2021
    
    Date: 03-12-2021
    Business: Adv. Mr. Santosh D. Raje for plaintiff present.
    Adv. Chandramore for defendant/BMC No.2 present.
    Adv. Mr. Pathak h/f Adv. Mr. Kandekar for the defendant No.3 present.
    Adv Mr.Manadia present for the defendant no.1
    ORDER
    Heard Ld advocate for the plaintiff and defendant no.1. Ld advocate for the plaintiff submits that during pendency of the suit the suit premises is demolished by the defendants and therefore, the NM  has becoming infructous. Subsequently he has filed CS for amending the plaint suitably to bring on record the facts which have taken place after institution of the plaint. Defendant nos.1 and 2 did not file reply to the said CS.
    In the above circumstances as the entire amendment is relating to the events which happen subsequent to the institution of the suit, the amendment is count to be allowed. Accordingly, CS no.1682/19 is allowed. Plaintiff to carry out necessary amendment within prescribed time and serve the copy of amended plaint upon the defendants as well as furnish the same before the Court.
    The NM no.2716/19 is not pressed by the Ld advocate for the plaintiff. Hence, it is disposed of. No order as to costs.
    Matter is adjd. to 24.01.2022 for framing issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 24-01-2022
    
    Date: 24-01-2022
    Business: Advocate Mr. Suresh Survey for the plaintiff present.
    He filed amended copy of the plaint for the record of the Court. T.O.R. The plaintiff is directed to serve to the defendants and to file service of amended copy on record.
    Matter is adjd. to 30.03.2022 for filing service amended copy.
    Next Purpose: SERVICE
    Next Hearing Date: 30-03-2022
    
    Date: 30-03-2022
    Business: Board discharged as Court is busy in hearing argument in SU 1404/17.
    Matter is adjd. to 21-06-2022 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 21-06-2022
    
    Date: 21-06-2022
    Business: None present for plaintiff.
    Adv. Chandramore for BMC present.
    Adv. Pathak h/f Adv. Kandekar for MHADA present.
    Matter is adjd.  for to 11-08-2022  service of amended copy.
    Next Purpose: SERVICE
    Next Hearing Date: 11-08-2022
    
    Date: 11-08-2022
    Business: Adv. Suresh Survey for plaintiff present and filed service affidavit.
    Adv.Chandramore for defendant no.2/BMC present.
    Adv Pathak H/f Adv Kandekar present for MHADA/Deft.no.3.
    Matter is adjd. to 28.09.2022 for Additional WS.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 28-09-2022
    
    Date: 28-09-2022
    Business: court is on leave
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 17-11-2022
    
    Date: 17-11-2022
    Business: As Court is on leave. Hence, board is discharged and matter adjd. to
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 17-01-2023
    
    Date: 17-01-2023
    Business: Court is on leave.
    Hence, Board is discharged.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 17-03-2023
    
    Date: 17-03-2023
    Business: None present for plaintiff
    Adv. Harshida Darji h/f Adv. Kandekar for Deft.No.3/MHADA present.
    Adv. Chandramore for defendant/BMC present.
    Matter is adjourned to 13.06.2023 for written statement.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 13-06-2023
    
    Date: 13-06-2023
    Business: None present for the plaintiff.
    Adv. Ms. Chandramore for defendant No.2/BMC is present.
    Adv. Ms. Kandekar for defendant No. 3/MHADA is present.
    No additional WS filed by defendant Nos. 1 to 3 Hence, suit to proceed further without additional WS of defendant Nos. 1 to 3.
    Adjourned for draft issues to 06.09.2023.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 06-09-2023
    
    Date: 06-09-2023
    Business: None present for both the sides.
    Matter is adjourned to 23.11.2023 for draft issues.
    LO at 12:15 pm.
    Adv. Mr. Sumukh Rackvi for defendant No. 1 is present.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 23-11-2023
    
    Date: 23-11-2023
    Business: None present for the plaintiff.
    Adv. Ms. Chandramore for defendant No.2/BMC is present.
    Matter is adjourned to 18.03.2024 for draft issues.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 18-03-2024
    
    Date: 18-03-2024
    Business: None for the plaintiff.
    Adv. Mr.Kandekar for defendant No.3/MHADA is present.
    Adv. for defendant no.3 submitted draft issues.
    Matter is adjourned to 13.06.2024 for draft issues by plaintiff.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 13-06-2024
    
    Date: 13-06-2024
    Business: None present for plaintiff since 17.03.2023.
    Adv. Ms.Sanika Wabale i/b Adv.  Mannadiar Co. for defendant no. 1 is present.
    Adv. Ms. Harshida Darji h/f Adv. Kandekar for defendant No.3 /MHADA is present.
    Matter is adjourned to 26.07.2024 for draft issues.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 26-07-2024
    
    Date: 26-07-2024
    Business: None for plaintiff.
    Adv. Ms. Shweta h/f Adv. Kandekar for defendant No.3/MHADA is present.
    Matter is adjourned to 20.09.2024 for draft issues.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 20-09-2024
    
    Date: 20-09-2024
    Business: As the Court is on leave today. Hence board is discharged and matter is adjourned to
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 10-12-2024
    
    Date: 10-12-2024
    Business: None present for plaintiff.
    Advocate Rahul Rathod for defendant/BMC present.
    Adv. Harshita Darji h/f Adv. Kandekar for defendant/MHADA present.
    As plaintiff and his advocate are absent, Matter is adjourned for draft issues to 10/02/25.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 10-02-2025
    
    Date: 10-02-2025
    Business: None present for plaintiff.
    Advocate Rahul Rathod for defendant no. 2/BMC present.
    The matter is already proceed further without WS of defendants.
    Hence, Matter is adjourned for RE to 17/04/25.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 17-04-2025
    
    Date: 17-04-2025
    Business: None present for plaintiff.
    Adv. for deft. no. 1 present.
    Advocate Rahul Rathod for defendant no. 2/BMC present.
    Adv. Harshita Darji h/f Adv. Kandekar for defendant no. 3/MHADA present.
    As plaintiff and his advocate are absent, Matter is adjourned for RE to 03/07/25.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 03-07-2025
    
    Date: 03-07-2025
    Business: None present for plaintiff.
    Advocate Rahul Rathod for defendant no. 2/BMC present.
    As plaintiff and his advocate are absent, Matter is adjourned to 04/08/25 for RE.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 04-08-2025
    
    Date: 04-08-2025
    Business: P.O. is on leave today hence, board is discharged and matter is adjourned.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 18-09-2025
    
    Date: 18-09-2025
    Business: None present for plaintiff.
    Adv. V. Mannadiar a/w Adv. Sanika S. Wabale i/b Mannadiar  Co.  for defendant no.1 present.
    Adv. Devyani Pawar h/f Adv. Kandekar present for defendant no.3 /MHADA. .
    Adv. Rahul Rathod for defendant/BMC present.
    Record shows that plaintiff is continuously absent since 2023. It clearly shows that plaintiff is not interested to proceed with the matter. Hence, it be kept for dismissal order.
    Matter is adjourned to 15.11.2025 for dismissal order.
    Next Purpose: ORDER
    Next Hearing Date: 15-11-2025
    
    Date: 15-11-2025
    Business: None present for plaintiff.
    Adv. V. Mannadiar a/w Adv. Sanika S. Wabale i/b Mannadiar and Co. for defendant no.1 present.
    Adv. Rahul Rathod for defendant no.2/BMC present.
    Adv. Kandekar for defendant/MHADA present.
    The plaintiff is continuously absent hence by order dated 18.09.2025 the matter is adjourned for dismissal order. All the matters which are fixed for dismissal order are taken up on third Saturday, therefore the present matter is also kept today for dismissal order. It is further to note that keeping the matter on any fixed date for dismissal order will also give an opportunity to the parties and advocates to appear on that particular date and to take steps, if they want to proceed with the matter. Despite that none appeared for the plaintiff. This reflects that the plaintiff is not interested to proceed further with the suit. Hence this Court is of the opinion that the plaintiff is not interested and must have lost interest in the matter. Thus, for want of prosecution the Suit is dismissed. Interim Orders if any, stands vacated. The original documents filed, if any, be returned to the plaintiff or defendant on substitution on its verified or certified copies, as per the requirement, after due verification and confirmation. (A. M. BHANDARWAR) Judge, City Civil Court, Gr. Bombay.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 15-11-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 106785/2019
    Filing Date: 21-06-2019
    First Hearing Date: 25th July 2019
    Decision Date: 15th November 2025
    Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE

    Orders

    3
    Final Order 1Full order available
    15 Nov 2025

    Order Details: Other Pdf Text: 15.11.2025 Sr. No. 14 CORAM: H.H.J. A.M. BHANDARWAR, (C.R. NO.09) SU 1937/2019 None present for plaintiff. Adv. V. Mannadiar a/w Adv. Sanika S. Wabale i/b Mannadiar & Co. for defendant no.1 present. Adv. Rahul Rathod for defendant no.2/BMC present. Adv. Kandekar for defendant/MHADA present. The plaintiff is continuously absent hence by order dated 18.09.2025 the matter is adjourned for dismissal order. All the matters which are fixed for dismissal order are taken up on third…

    Read Full Order
    Interim Order 2Full order available
    10 Feb 2025

    Order Details: Other Pdf Text: EXHIBIT- 08 IN THE BOMBAY CITY CIVIL COURT AT GREATER MUMBAI L.C. SUIT NO. 1937 OF 2019 Panch Pushpa Co.Op.Housing Society Ltd. ].. Plaintiffs. V/s Adityaraj Developers and Ors. ].. Defendants. CORAM : HER HONOUR JUDGE A. V. KASTURE (C.R. No. 09). DATE : 10th FEBRUARY, 2025 I S S U E S 1. Whether the plaintiffs are entitled for the declaration that demolition of suit premises by defendant No.3 is illegal, unauthorized and bad…

    Read Full Order
    Order 2Full order available
    10 Feb 2025

    Order Details: Other Pdf Text: EXHIBIT- 08 IN THE BOMBAY CITY CIVIL COURT AT GREATER MUMBAI L.C. SUIT NO. 1937 OF 2019 Panch Pushpa Co.Op.Housing Society Ltd. ].. Plaintiffs. V/s Adityaraj Developers and Ors. ].. Defendants. CORAM : HER HONOUR JUDGE A. V. KASTURE (C.R. No. 09). DATE : 10th FEBRUARY, 2025 I S S U E S 1. Whether the plaintiffs are entitled for the declaration that demolition of suit premises by defendant No.3 is illegal, unauthorized and bad…

    Read Full Order

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