TrustJury record updated 21 Sept 2026
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Date: 25-07-2019
Business: Adv. Pravin Patil present for Plaintiff.
Adv. Charolia present for Defendant No.2 and filed Vakalatnama, t.o.r. and marked Exhibit - 2
As court is busy in recording of evidence in Suit No. 7774/1997 and dictating order in Notice of Motion No. 2545/19. Hence, board is discharged.
Case is adjourned to 15/11/2019 for direction.
Next Purpose: DIRECTIONS
Next Hearing Date: 15-11-2019
Date: 15-11-2019
Business: court is on leave.
Next Purpose: DIRECTIONS
Next Hearing Date: 17-02-2020
Date: 17-02-2020
Business: Advocate Sonali Gawde for Plaintiff present
None present for Defendant.
Court is busy in hearing final arguments in suit no.569/05 and court has to dictate Judgment in suit no.3677/11, hence case is adjourned to 10/06/2020.
Next Purpose: DIRECTIONS
Next Hearing Date: 10-06-2020
Date: 10-06-2020
Business: None present for Plaintiff.
None present for Defendant.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 05/08/2020.
Next Purpose: DIRECTIONS
Next Hearing Date: 05-08-2020
Date: 05-08-2020
Business: Due to corona pandemic and lockdown and due to heavy rainfall in Mumbai
Next Purpose: DIRECTIONS
Next Hearing Date: 25-09-2020
Date: 25-09-2020
Business: None for Plaintiff.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 18/12/2020 for directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 18-12-2020
Date: 18-12-2020
Business: None present for Plaintiffs.
None present for Defendant.
Plaintiff is directed to filed affidavit of service upon Defendant on next date.
It seems that due to Corona pandemic, parties are absent, hence case is adjourned to 05/03/2021 for service.
Next Purpose: SERVICE
Next Hearing Date: 05-03-2021
Date: 05-03-2021
Business: Court is on half day leave. (Morning Session.)
Next Purpose: SERVICE
Next Hearing Date: 05-05-2021
Date: 05-05-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 05-08-2021
Date: 05-08-2021
Business: None present for plff.
Record shows that deft Nos.1 and 2 have already filed their written statement. As per roznama dt.18.12.2020, plffs were directed to file affidavit of service. Since deft Nos.1 and 2 have already filed WS, it is not necessary for the plff to file affidavit of service. As a last chance to the plff, matter is adjd. for filing affidavitof service of writ of summons on deft No.3 till next date.
Matter is adjd.for affidavit of service on deft no.3 to 20.09.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-09-2021
Date: 20-09-2021
Business: Adv Mr. Suresh Barve for plff present.
None present for defts.
Ld. advocate for the plff submitted that affidavit of service of writ of summons in respect of deft No.3 is already filed. Affidavit of service is available on record. It is not reflected so in the roznama of any date. It be entered in the roznama of today’s date.
Affidavit of service of writ of summons already available on record is marked as Exh.4 in today’s date.
Having gone through the said affidavit of service, it appears that postal dept has returned back the writ of summons with endorsement as “unclaimed” by deft No.3 . Service is proper. Despite service, deft No.3 failed to appear hence, suit to proceed ex- pate against deft No.3.
Deft Nos.1 and 2 have already filed hence, matter is adjd. for filing draft issues to 18.11.2021.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 18-11-2021
Date: 18-11-2021
Business: Adv Mr. Uday Rane present for plff. and filed draft issues.
None present for defts.
Matter is adjd. for hearing on framing of issues to 20.12.2021.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 20-12-2021
Date: 20-12-2021
Business: Court is on Leave.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 21-02-2022
Date: 21-02-2022
Business: None present for plff.
None present for deft.
Court is busy in other matters hence, this matter is adjd. for framing issues to 18.04.2022.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 18-04-2022
Date: 18-04-2022
Business: Adv Mr. Ravindra Mungekar present for plff.
None present for deft.
Issues (L)framed at Exh.5.
Matter is adjd. for list of witnesses/evidence to 06.07.2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-07-2022
Date: 06-07-2022
Business: Plaintiff present.
KB
LO at 01.15 pm
Adv.Ravindra Mungekar for plaintiff present and filed application for permission to file documents t.o.r. and marked as Exh.6.
Plaintiff filed affidavit of evidence of Smt.Pooja Anil Patankar.
Matter adjd to 06.09.2022 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-09-2022
Date: 06-09-2022
Business: None present.
Matter adjd to 14.11.2022 for Recording evidence.
Judge
Later on 11.30 am.
Adv. Suresh Barne h/f.Adv.Ravindra Munagekar for Plaintiff present. He filed list of documents t.o.r. and marked as Exh.7.
Matter adjd to 14.11.2022 for Recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-11-2022
Date: 14-11-2022
Business: Court is on leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-12-2022
Date: 20-12-2022
Business: PO is on leave, hence, adjourned.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-01-2023
Date: 25-01-2023
Business: Adv. Ravindra Mungekar For plaintiff present.
None present for defendant.
Copies of Exh. 6 and 7 are produced by the plaintiff for furnishing to same to the defendants.
None present for defendants.
Matter adj. to 20/02/2023 for say/hearing on documents
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-02-2023
Date: 20-02-2023
Business: Adv.Suresh Barne for plaintiff present.
None present for defendants. No say filed by the defendants, though copy of evidence and documents is kept on record by the plaintiff. Hence, no say of the defendants on plaintiff\''s document Exh.7. Heard the advocate for the plaintiff on plaintiff\''s document Exh.7.
Suit is already proceeded ex-parte against defendant No.3 as noted in roznama dated 20.09.2021.
Witness present.
Matter adjd to 13.03.2023 for order on documents and cross.
Next Purpose: ORDER
Next Hearing Date: 13-03-2023
Date: 13-03-2023
Business: Adv.Suresh Barne for plaintiff present.
None present for defendant.
Affidavit of evidence of Smt.Pooja Patankar (PW-1) read and recorded.
KB
LO at 05.30 pm
ORDER REGARDING EXHIBITION OF DOCUMENTS
1. The document at Sr.No.1 (page No.1) is marriage certificate of plaintiff No.1. Considering the nature of document it is admitted in evidence and marked as Exh.8.
2. The document at Sr.No.2 (page No.2) is birth certificate of plaintiff No.2. Considering the nature of document it is admitted in evidence and marked as Exh.9.
3. The document at Sr.No.3 (page No.3 to 4) are photographs. The photographs are old one. No negatives are produced, hence, they are marked as Article-X (colly.).
4. The document at Sr.No.4 (page No.5) is death certificate of Anil Patankar. Considering the nature of document it is admitted in evidence and marked as Exh.10.
5. The document at Sr.No.5 (page No.6) is death certificate of Shivaji Patankar. Considering the nature of document it is admitted in evidence and marked as Exh.11.
6. The document at Sr.No.6 (page No.7) is office copy of RTI application dated 23.08.2018. Being photocopy it is marked as Article-X1.
7. The document at Sr.No.7 (page No.8 to 10) is letter dated 27.12.2018 a/w. acknowledgment card. It is unsigned document. It is marked as Article-X2 (colly.).
8. The document at Sr.No.8 (page No.11 to 12) is letter dated 22.01.2019. Read the contents of paragraph No.20 of affidavit of evidence. It is admitted in evidence and marked as Exh.12.
9. The document at Sr.No.9 (page No.13 to 15) is legal notice dated 30.04.2019. Read the contents of paragraph No.21 of affidavit of evidence. It is admitted in evidence and marked as Exh.13.
Matter adj. to 06.04.2023 for cross-examination of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-04-2023
Date: 06-04-2023
Business: Adv.Ravindra Mungekar for plaintiff present.
None present for defendant.
Witness present.
KB
LO at 11.40 pm
Adv.Ravindra Mungekar for plaintiff present.
Smt.Pooja Anil Patankar resumed on S.A.
None present for defendant Nos.1 to 3, hence, no cross.
Matter adjd to 17.04.2023 for further evidence of pltff. if any.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-04-2023
Date: 17-04-2023
Business: Adv.Suresh Barne for plaintiff present alongwith plff. present.
None for defendant.
Plff. filed pursis for closing their evidence t.o.r. and marked as Exh.14.
Matter adjd to 02.05.2023 for Defendant\''s R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-05-2023
Date: 02-05-2023
Business: None present for both sides. Defendants failed to appear and adduce evidence, hence, suit to proceed without evidence of defendant.
Matter adjd to 19.06.2023 for argument.
Judge
LO at 11.30 am
Adv.Suresh Barne for plaintiff present.
Matter adjd to 19.06.2023 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 19-06-2023
Date: 19-06-2023
Business: Adv. Ravindra Mungekar for plaintiff present and filed written argument t.o.r. marked as Exh.15
None for defendant
Matter is adjd.to 08-08-2023 for further argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 08-08-2023
Date: 08-08-2023
Business: Adv. Ravindra Mungekar for plaintiff present.
None for defendant.
Heard Adv. for plaintiff.
Matter is adjd.to 28-08-2023
Next Purpose: ARGUMENTS
Next Hearing Date: 28-08-2023
Date: 28-08-2023
Business: Court is on leave.
Next Purpose: ARGUMENTS
Next Hearing Date: 26-09-2023
Date: 26-09-2023
Business: Adv. Ravindra Mungekar for plaintiff present.
None for defendant
Matter is adjd.to 03-10-2023 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 03-10-2023
Date: 03-10-2023
Business: Adv. Ravindra Mungekar for plaintiff present.
None for defendant
F. R.S.R. following order passed -
ORDER
1. S.C. Suit No.1916 of 2019 stands partly decreed conditionally.
2. The plaintiffs are declared to have undivided 1/3rd joint share (1/6th each) along with 1/3rd share each of defendant No.1 and 2 and are entitled to have partition and separate possession of their said share in redeveloped premises occupied by defendant No.1 and/or 2 from the reconstructed building of defendant No.3 Priyadarshani Housing Society Ltd., B 103, 1st Floor, Kakasaheb Gadgil Marg, Prabhadevi, Mumbai - 400 025, but subject to the outcome of Testamentary Petition No.56 of 2020 pending before the Honble Bombay High Court.
3. The defendants are directed not to create third party interest in the aforesaid property, but subject to the outcome of Testamentary Petition No.56 of 2020 pending before the Honble Bombay High Court.
4. The decree shall remain in abeyance till the decision of Testamentary Petition No.56 of 2020 pending before the Honble Bombay High Court.
5. Claim for Rupees Three Lakhs Twenty Thousand stands refused.
6. In the facts and circumstances of the matter, the parties shall bear their costs, if any.
7. A decree be drawn up accordingly.
Nature Of Disposal: PARTLY DECREED
Disposal Date: 03-10-2023Filing Number: 106906/2019 Filing Date: 25-06-2019 First Hearing Date: 25th July 2019 Decision Date: 03rd October 2023 Court Number And Judge: 62-COURT 62 AD-HOC ADDL SESSIONS JUDGE
Order Details: Copy of Judgment Pdf Text: MHCC010063832019 Presented on : 25/06/2019. Registered on : 04/07/2019. Decided on : 03/10/2023. Duration : 4 Y : 3 M : 8 D. IN THE BOMBAY CITY CIVIL COURT AT MUMBAI S.C. SUIT NO.1916 OF 2019 1. Smt. Pooja Anil Patankar, ] Wd/o. Anil Shivaji Patankar, ] Age : 49 years, Occ. : Service, ] 2. Ms. Radha Anil Patankar, ] Age : 25 years, Occ. : Student, ] Both residing at :…
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