TrustJury record updated 13 Sept 2026
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Date: 25-07-2018
Business: Fresh Assignment.
Adv. Daiya for plff. present.
Issue Wr/sum against deft.
Matter is adjd. to 07.09.2018 for service affd. / Wr/sum.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 07-09-2018
Date: 07-09-2018
Business: Adv. for plff. present
Deft. and his adv. absent.
On request of adv. for plff., adjourned for report of service of Wr/sum.
Matter is adjd. to 15.11.2018 for service of Wr/sum.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 15-11-2018
Date: 15-11-2018
Business: Adv. for plff. present.
deft. and his adv. absent.
Exh.3 Application filed by adv. of plff. for substitute service. t.o.r
Matter is adjd. to. 30.11.2018 for order on Exh.3 and report of bailiff.
Next Purpose: ORDER
Next Hearing Date: 30-11-2018
Date: 30-11-2018
Business: Adv. for plff. present.
deft. and his adv. absent.
Exh.4 Service affd. filed by adv. for plff. t.o.r., It shows that the deft is not heard of in the locality as per the bailiff report. Hence, I proceed pass the order on Exh.3
ORDER ON EXH.3
The writ of summons be served by publication in 2 local news papers namely one in Marathi and another in English, as well as the writ of summons be served by register post and pasting.
Matter is adjd. to.26.02.2019 for report of service of writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 26-02-2019
Date: 26-02-2019
Business: Adv. J.P. Daiya for plff. present and has filed 3 affds of service alongwith annexture t.o.r. Exh.5 is in respect of service of summons on deft. by pasting by the Bailiff. Exh.6 is about writ of summons having been sent to the deft. by RPAD. It shows that the postal envelope is returned with endorsement as not found. Exh.7 is along with newspaper in which the writ of summons has been published. In view of these affidavits the deft. is deemed to have been served. The deft. has failed to appear and therefore the suit shall proceed exparte against the deft.
Matter is adjd. to. 19.03.2019 for Exparte evidence
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 19-03-2019
Date: 19-03-2019
Business: plff. and his adv. absent.
deft. and his adv. absent.
As plff. is absent, Matter is adjd. to. 25.06.2019 for exparte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 25-06-2019
Date: 25-06-2019
Business: Advocate Mr. J. P. Daiya for Plaintiff present
Court is busy in dictating Judgment in suit no.3522/2012 which is Supreme Court Time bound matter, hence case is adjourned to 17/09/2019.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 17-09-2019
Date: 17-09-2019
Business: Advocate Fatemah for Plaintiff present and filed affidavit in lieu of examination in chief of PW-1 t.o.r. and marked as Exh.8.
She also filed list of documents with documents, t.o.r. and marked as Exh.9. Plaintiff is directed to prove the documents referred in Exh.9 on next date as required by Indian Evidence Act.
Case is adjourned to 05/11/2019 for proving documents filed by Plaintiff.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 05-11-2019
Date: 05-11-2019
Business: Plaintiff present. His advocate absent.
None present for Defendant.
Case is adjourned to 02/01/2020 for proving documents by Plaintiff.
Advocate Fatima for Plaintiff submitted that instead of 02/01/2020, suit may be fixed on 07/01/2020. Hence on request of advocate for Plaintiff, case is adjourned to 07/01/2020. Advocate for Plaintiff is directed to inform date changed to Plaintiff.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 07-01-2020
Date: 07-01-2020
Business: Witness with advocate Ms. Lata Kharva for Plaintiff present
None present for Defendant.
This court overburden with the old suits which are pending more than 10 years and 20 years, hence this suit being 2018 is adjourned.
Case is adjourned to 15/02/2020 for exhibiting documents.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 15-02-2020
Date: 15-02-2020
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 02-04-2020
Date: 02-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 24-04-2020
Date: 24-04-2020
Business: National Lock down
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 04-06-2020
Date: 04-06-2020
Business: Case is adjd.to 22.06.20 in view of extension of Lockdown period as per office order no.83/20 dtd.01.06.20
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 22-06-2020
Date: 22-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 19-08-2020
Date: 19-08-2020
Business: Due to covid-19 pandemic and lockdown
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 18-09-2020
Date: 18-09-2020
Business: Adv.Miss. Lata Kharva for plaintiff present and requested for time for exhibiting documents.
None present for Defendants.
case is adjourned to 06/11/2020. for Exhibiting Documents.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 06-11-2020
Date: 06-11-2020
Business: Adv. Smt. Lata Kharva for Plaintiff present.
None present for Defendants.
It seems that due to Corona pandemic, parties are absent, hence case is adjourned to 05.12.2020 for Exhibiting documents.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 05-12-2020
Date: 05-12-2020
Business: Court is on leave
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 19-12-2020
Date: 19-12-2020
Business: None present for Plaintiffs.
None present for Defendants.
It seems that due to Corona pandemic, parties are absent, hence case is adjourned to 02/03/2021 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 02-03-2021
Date: 02-03-2021
Business: Court is on leave.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 09-03-2021
Date: 09-03-2021
Business: Plff present in person with his advocate Mr. Samir Sarambalkar.
Further examination in chief of PW-1 recorded.
Death certificate of Chunilal.
Deed of Indenture.
Sale deed agreement dt.28.10.1974 and 13.11.1975.
Assessment bill dt.16.06.2013 along with receipt dt.29.05.2013.
Two extract of the plan with receipt dt.03.01.2012.
Copy of conveyance deed dt. 26.06.1935 registered on 23.08.1935.
Tax receipt dt.31.07.1981 and 30.09.1981.
Repair cess receipt dt.07.09.2013 issued by BMC.
Extract of Index-II Register.
Cash receipt dt.17.12.1981.
Rough plan.
Certified copy of conveyance deed dt.13.09.1962.
Letters dt. 21.11.2013, 21.01.2014, 03.07.2014.
Letter dt.20.03.2014.
Letter dt. 04.03.2014 issued by office of DLR.
Copy of application dt. 03.04.2014.
Office copy of notice under S.80 of C.P.C.
Office copy of notice 01.09.2015.
Copies of Election ID Card and AADHAR Card.
Office copy of letter dt.18.12.2014.
Letter dt.12.12.2017 along with postal envelope.
Cross examination Nil as suit is Ex-parte against deft.
Advocate for plff filed application for issuing witness summons.
O- Issue witness summons on depositing requisite witness bhatta.
Matter is adjd. for evidence p/h to 08.04.2021.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 08-04-2021
Date: 08-04-2021
Business: Adv Ms. Lata Kharwa for plff present.
Shri Sainath Keshav Chaubal from the office of Joint District Registrar-II, Mumbai City present and filed letter Exh.29 along with certified copies of two documents as per the witness summons.
Considering the present pandemic condition, matter is adjd. for evidence p/h to 08.06.2021.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 08-06-2021
Date: 08-06-2021
Business: None present for both parties.
Considering the present pandemic condition and SOP issued by Honble High Court, matter is adjourned at same stage
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 04-08-2021
Date: 04-08-2021
Business: Adv Ms. Lata Kharwa h/f Adv Roshan Thakur for plff present and filed application Exh.30 to issue witness summons. O-Allowed
None present for deft.
Matter is adjd. for evidence p/h to 07.09.2021.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 07-09-2021
Date: 07-09-2021
Business: Adv Ms.Lata Kharwa for plff present and tendered original witness summons at Exh.31 along with endorsement of service on the concerned clerk of the office of Sub-Registrar, Assurance of Bombay.
Witness not present
None present for deft.
Matter kept back till 12.30 p.m.
Adv Mr.Sameer Sarambalkar with Adv Ms. Lata Kharwa for plff present.
PW-2 Sainath Keshao Chaubal from the office of Sub-Registrar, Assurance of Bombay present as per the witness summons served on the said office.
Evidence of PW-2 Sainath recorded orally at Exh.32
Following documents are marked as exhibits during evidence of PW-2.
Certified copy of conveyance deed dt.26.06.1935 at Exh.33.
Certified copy of conveyance deed dt.13.09.1962 at Exh.34
Plffs advocate filed evidence closer pursis at Exh.35.
Suit is exparte hence, adjd. for final argument.
Matter is adjd. for argument to 01.10.2021.
Next Purpose: ARGUMENTS
Next Hearing Date: 01-10-2021
Date: 01-10-2021
Business: Adv Mr. Shaikh h/f Adv Mr. Sarmabalkar for plff present and requested to keep back the matter.
This Court has take up other old matters hence, matter cannot be kept back.
Matter is adjd. for argument to 29.10.2021.
Next Purpose: ARGUMENTS
Next Hearing Date: 29-10-2021
Date: 29-10-2021
Business: Adv Mr. Sameer Sarambalkar present for plff.
None present for deft.
Matter is adjd. for arguments to 11.11.2021.
Next Purpose: ARGUMENTS
Next Hearing Date: 11-11-2021
Date: 11-11-2021
Business: None present for both parties.
K.B.
L.O. at 1.00 p.m.
None appeared for the plff to advance final argument hence, matter is adjd. at same stage till next date.
Matter is adjd. for arguments to 29.11.2021.
Next Purpose: ARGUMENTS
Next Hearing Date: 29-11-2021
Date: 29-11-2021
Business: Court is on leave.
Next Purpose: ARGUMENTS
Next Hearing Date: 01-12-2021
Date: 01-12-2021
Business: Adv Ms. Lata Kharwar present for plff. and filed written argument at Exh.30 on behalf of the plff.
None present for deft.
Matter is adjd. for further argument to 15.12.2021.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 15-12-2021
Date: 15-12-2021
Business: Adv Mr. Sarambalkar present for plff.
None present for deft.
Court is busy in other matters hence, matter is adjd. for argument p/h to 11.01.2022.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 11-01-2022
Date: 11-01-2022
Business: Adv MR. Sarambalkar for plff present.
Suit against deft is ex-parte.
Adv for the plff has filed written argument on 01.12.2021. Considering the present pandemic condition and SOP issued by Hon’ble High Court, matter is adjd.at same stage till next date.
Matter is adjd. for final argument on law points to 08.02.2022.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 08-02-2022
Date: 08-02-2022
Business: Due to Covid - 19
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 14-03-2022
Date: 14-03-2022
Business: None present for both parties.
K.B.
L.O.
Adv Mr.Samir Saramarkar i/b Thakur for plff present and submitted that plff has already filed written argument.
None present for deft.
K.B.
L.O.at 5.15 p.m.
None present for both parties.
Plff has already filed written argument, as is submitted by the adv for the plff in the morning session. Having considered para-1 of the plaint, it is necessary to seek clarification from the ld. Adv. for the plff in respect of necessary and proper parties to the suit hence, as nobody is present for the plff in the afternoon session, matter be kept for further oral argument to 29.03.2022.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 29-03-2022
Date: 29-03-2022
Business: Court is on Leave
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 16-04-2022
Date: 16-04-2022
Business: Adv. Shri. Sarambalkar for plaintiff present.
None present for defendant.
Adv. for plaintiff seeks adjournjment by submitting that, plainitff
will take out Chamber Summons for addition of parties on next
date if required, in view of the pleadings in Para-1 of plaint.
On request of advocate for plaintiff, matter adjd. for further
argument/steps to 15.06.2022
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 15-06-2022
Date: 15-06-2022
Business: None present for both sides.
Plaintiff to take steps in respect of addition of parties if any.
Matter adjd to 14.07.2022 for final argument of plaintiff.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 14-07-2022
Date: 14-07-2022
Business: Adv. Fatima Rampurawala for plaintiff present.
Exh- 31 Application to allow plaintiff to examine the witness as additional evidence for the plaintiff. O- The plaintiff wants to lead additional evidence by examining additional witness. Suit is exparte hence the application is allowed
Matter adjd to 22/08/2022 for evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 22-08-2022
Date: 22-08-2022
Business: Adv.Lata Kharwa for plaintiff present.
None present for deft.
KB
LO at 11.25 am
None present for both sides.
KB
LO at 12.20 am
Adv.Fatima Rampurawala for plaintiff present. She filed affidavit of evidence of Nitin Ratilal Kharwa (PW-2) t.o.r. and marked as Exh.37.
The plaintiff also filed compilation of documents t.o.r. and marked as Exh.38.
Matter adjd to 06.10.2022 for admissibility of documents.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 06-10-2022
Date: 06-10-2022
Business: Adv.Fatemah Rampurawala a/w. Adv.Lata Karwa for plaintiff present.
KB
LO at 01.10 pm
Adv.Fatemah Rampurawala a/w. Adv.Lata Karwa for plaintiff present.
ORDER REGARDING EXHIBITION OF DOCUMENTS IN LIST EXH.38
1. The document at Sr.No.1 is affidavit cum No objection the family schedule, death certificate and Aadhar Card of Legal Heirs. Read the contents of paragraph 3 of affidavit of evidence of Nitin (PW-2). The document is marked as Exh.39 colly.
Evidence close pursis filed by Adv. of plaintiff t.o.r. and marked as Exh.40.
Matter adjd to 31.10.2022 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 31-10-2022
Date: 31-10-2022
Business: Adv. Fatema Rampurwala for plaintiff present.
None present for Defendant.
Adv. Fatema Rampurwala for plaintiff tendered vakalatnama for plaintiff T.O.R. marked as Exh. 41 and she also tendered additional return argument argument T.O.R. marked as Exh. 42.
Matter adjd. 07/11/2022 for Ex-party judgment.
Judge
Next Purpose: JUDGMENT
Next Hearing Date: 07-11-2022
Date: 07-11-2022
Business: Court is on Leave.
Next Purpose: JUDGMENT
Next Hearing Date: 24-11-2022
Date: 24-11-2022
Business: Adv.Samir Sarmarkar i/b Adv.Thakur for plaintiff present.
None present for Defendant.
KB
LO at 05.55 pm
(As Court is busy in dictating order in NM No.3283/21 and NM No.2245/22 (old NM No.2860/2008), hence, adjourned.)
Matter adj. to 30.11.2022 for ex-parte judgment.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 30-11-2022
Date: 30-11-2022
Business: None present for both sides.
KB
LO at 12.05 pm
None present for both sides.
KB
LO at 12.35 pm
None present for both sides. Plaintiff to make submissions regarding necessity of joining of the heirs of Chunilal.
Matter adj. to 21.12.2022 for plaintiffs submission/compliance.
Judge
LO at 04.10 pm
Adv.Fatema Rampurawala for plaintiff present.
Matter adj. to 21.12.2022 for plaintiffs submission/compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 21-12-2022
Date: 21-12-2022
Business: Matter pertains to CR No.62
Adv. Lata Kharwa for plaintiff present. She tendered draft Chs. t.o.r.
Order - Leave is granted to register the Chamber Summons.
Matter adjd to 31.01.2023 for compliance and service affidavit of Chs.
I/c Judge
Next Purpose: COMPLIANCE
Next Hearing Date: 31-01-2023
Date: 31-01-2023
Business: Adv.Fatima Rampurwala present and filed vakalatnama on behalf of proposed plaintiff. TOR and marked as Exh.43.
She also filed registered chamber summons No.75/23 t.o.r.
The Adv.for the plaintiff submits that the suit is ex-parte and service of chamber summons be exempted. Subject to verification of the record notice is exempted.
Matter adjd to 08.03.2023 for hearing in ch/s.
Next Purpose: C/S HEARING
Next Hearing Date: 08-03-2023
Date: 08-03-2023
Business: Adv.Fatema Rampurawala for plaintiff/applicant in chamber summons present.
None present for defendant.
Heard the Ld.Adv.for the plaintiff/applicant in chamber summons. Suit is ex-parte against defendant.
Matter adjd to 24.04.2023 for order in chamber summons.
Next Purpose: C/S HEARING
Next Hearing Date: 24-04-2023
Date: 24-04-2023
Business: Adv.Fatima for plaintiff present.
None present for defendant.
KB for order.
LO at 05.55 pm
ORDER IN CHAMBER SUMMONS NO.75/2023
This chamber summons is taken out by the plaintiff and proposed plaintiffs for amendment in the plaint. They want to join the respondent Nos.1 to 12 as plaintiff Nos.2 to 13 in the plaint. They are the legal heirs of Late Chunilal Chotalal Kharwa. To avoid the multiplicity of proceeding plaintiff proposed to join them in the suit. The plaintiff for that purpose also proposed to amend and insert some facts in the plaint. Hence, the amendment is prayed. The amendment is just and necessary to decide the real question in controversy between the parties. The amendment in respect of joining the respondents as plaintiff is also just and necessary. Their presence is necessary for final adjudication of the suit. Hence, I pass the following order.
ORDER
1. Chamber Summons No.75/2023 is allowed.
2. The plaintiff is allowed to carry out the amendment as proposed in the Chamber Summons.
3. The plaintiff after carrying out the amendment shall file the amended copy of the plaint.
4. Chamber Summons is disposed of accordingly.
Matter adjd to 06.05.2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 06-05-2023
Date: 06-05-2023
Business: None present for both sides. The plaintiff to file service affidavit of amended plaint.
Matter adjd to 28.06.2023 for service affidavit.
Judge
LO at 12.45 pm
Adv.Lata Kharwa for plaintiff present and filed amended copy of plaint. TOR. It be kept alongwith plaint Exh.1.
Matter adjd to 28.06.2023 for final argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 28-06-2023
Date: 28-06-2023
Business: Court is on leave.
Next Purpose: ARGUMENTS
Next Hearing Date: 14-07-2023
Date: 14-07-2023
Business: Adv. Fatima for plaintiff present and filed additional written submission on behalf of plaintiff t.o.r. marked as Exh.43
None for defendant
Matter is adjd.to 05-08-2023 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 05-08-2023
Date: 05-08-2023
Business: Adv. Lata Kharwa for plaintiff present.
None for defendant.
As Court is busy in dictating order and hearing other matters and court time is over for want of time.
Matter is adjd.to 14-08-2023 for judgement.
Next Purpose: JUDGMENT
Next Hearing Date: 14-08-2023
Date: 14-08-2023
Business: Adv. Lata Kharwa h/f Adv. Fatima for plaintiff present.
None for defendant
Matter is adjd.to 02-09-2023 for judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 02-09-2023
Date: 02-09-2023
Business: Dismissed.
Nature Of Disposal: JUDGMENT
Disposal Date: 02-09-2023Filing Number: 107299/2018 Filing Date: 04-06-2018 First Hearing Date: 25th July 2018 Decision Date: 02nd September 2023 Court Number And Judge: 62-COURT 62 AD-HOC ADDL SESSIONS JUDGE
Order Details: Ex-parte Judgement Pdf Text: 1 Judgment 1637/2018 MHCC010066132018 Presented on : 04-06-2018 Registered on : 04-07-2018 Decided on : 02-09-2023 Duration : 5 Y. 2 M. 28 D. IN THE BOMBAY CITY CIVIL COURT AT MUMBAI. S.C. SUIT No. 1637 OF 2018 1. Shri Shivlal Chunilal Kharwa, } aged about 71 years, residing at } 6th Kharwa Lane, First Floor, 28, } Govardhan Building P. B. Marg, } Mumbai 400 004 } Rider-I 2. Vinod Ratilal Kharwa }…
Order Details: Ex-parte Judgement Pdf Text: 1 Judgment 1637/2018 MHCC010066132018 Presented on : 04-06-2018 Registered on : 04-07-2018 Decided on : 02-09-2023 Duration : 5 Y. 2 M. 28 D. IN THE BOMBAY CITY CIVIL COURT AT MUMBAI. S.C. SUIT No. 1637 OF 2018 1. Shri Shivlal Chunilal Kharwa, } aged about 71 years, residing at } 6th Kharwa Lane, First Floor, 28, } Govardhan Building P. B. Marg, } Mumbai 400 004 } Rider-I 2. Vinod Ratilal Kharwa }…
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