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SUIT - SHORT CAUSE CIVIL SUIT

Mr. Yakub Usman KapadiaVsMumbai Port Trust +1 more

CNR MHCC01006999201959-Court 59 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
PENDING

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
102006/2019
Registration Date
15 Jul 2019
Next Hearing Date
13 Oct 2026
Case Stage
COMPLIANCE

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    Hindu Marriage Act · Sec 34 · 36

    Case History / Proceedings

    Case History
    Date: 17-07-2019
    Business: Adv. Ashok Pande for plaintiff present.
    Adv. Basu for defendant present.
    Representative Mr. Kazi for BPT.
    Exh.2 VP filed by Adv. Basu for defendant. TOR.
    Registered NM not tendered. Reply filed by defendant to NM.
    Matter adjd for NM hearing on 25.07.2019.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 25-07-2019
    
    Date: 25-07-2019
    Business: Adv. Pandey Present for the Plff.
    Adv. Basu Present for the Deft.
    Ld Counsel for plff filed registered NM alongwith affidavit. t.o.r.
    Reply by deft is already on record.
    Ld Counsel for plff filed rejoinder with reply of deft. t.o.r. Copy is given to other side.
    By consent Matter Adj for Hearing on 08/08/2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-08-2019
    
    Date: 08-08-2019
    Business: Adv. Pande for plaintiff present.
    Adv. Basu for defendant present.
    Ld. counsel for plaintiff seek sought adjournment because of his ill heath. Otherside has no objection.
    Earlier order continue till next date.
    Matter adjd for NM hearing on 21/08/2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-08-2019
    
    Date: 21-08-2019
    Business: Adv. A.R. Pande for plaintiff present.
    Adv. Basu for defendant present.
    Earlier order continue till next date.
    Matter adjd for NM hearing on 28/08/2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-08-2019
    
    Date: 28-08-2019
    Business: Adv. Shukla for plaintiff present.
    Adv. Basu for defendant present.
    Earlier order continue till next date.
    Matter adjd for NM hearing on  13/09/2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-09-2019
    
    Date: 13-09-2019
    Business: PO is on leave (2nd Sessions). Hence adjourned.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-10-2019
    
    Date: 04-10-2019
    Business: Adv. Shukla for plaintiff present.
    Adv. Basu for defendant present.
    Ld. counsel for plaintiff prayed for time to argue the matter. As interim order is granted in favour of plaintiff, adjournment is granted by way of last chance. It is also made clear that in case of failure of plaintiff to argue the matter the interim order will not be continued.
    Earlier order continue till next date.
    Matter adjd for NM hearing on 02/11/2019 at 01.00 pm.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-11-2019
    
    Date: 02-11-2019
    Business: Adv. A.R. Pande for plaintiff present.
    None for defendant.
    Earlier order continue till next date.
    Matter adjd for NM hearing on 20/11/2019 at 03.00 pm.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-11-2019
    
    Date: 20-11-2019
    Business: court is on leave
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-12-2019
    
    Date: 21-12-2019
    Business: Adv. A. A. Pandey for plaintiff present.
    Adv. Harsha Asnani for defendant present.
    Mr.Ganesh Pol and Mr. Kaazi Representative of BPT present.
    Earlier order continue till next date.
    By consent Matter adjd for Hearing on 13/01/2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-01-2020
    
    Date: 13-01-2020
    Business: Adv. A. R. Pande for plaintiff present.
    Adv. Agarwal for defendant present.
    Representative of deft (BPT) Mr. Kazi present.
    On the oral request of Ld. Counsel for plaintiff matter is adjourned as a last chance.
    Earlier order, if any is continued till next date.
    Matter adjd for NM Hearing on 03/02/2020 at 02.45 pm.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-02-2020
    
    Date: 03-02-2020
    Business: Adv. A.R. Pande for plaintiff present.
    Adv. Basu for defendant present.
    Mr. A.A. M. Kazi representative of BPT present.
    KB L.O. at 4.40 pm.
    Earlier interim order if any is continued till next date.
    Matter adjd for NM hearing to 07-03-2020 at 2.45 pm.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-03-2020
    
    Date: 03-02-2020
    Business: Adv. A.R. Pande for plaintiff present.
    Adv. Basu for defendant present.
    Mr. A.A. M. Kazi representative of BPT present.
    KB L.O. at 4.40 pm.
    Earlier interim order if any is continued till next date.
    Matter adjd for NM hearing to 07-03-2020 at 2.45 pm.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-03-2020
    
    Date: 07-03-2020
    Business: Adv. A.R. Pande for plaintiff present.
    None for defendant.
    He states he is not feeling well.
    Earlier interim order if any is continued till next date.
    Matter adjd for NM hearing to 21-04-2020 at 2.45 pm.
    L.O. at 2.52 pm
    Adv Basu for defendant present.
    Matter adjd for NM hearing to 04-04-2020 at 2.45 pm.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-04-2020
    
    Date: 04-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-04-2020
    
    Date: 04-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-04-2020
    
    Date: 27-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-06-2020
    
    Date: 27-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-06-2020
    
    Date: 05-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-06-2020
    
    Date: 05-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-06-2020
    
    Date: 23-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-08-2020
    
    Date: 23-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-08-2020
    
    Date: 18-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-10-2020
    
    Date: 18-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-10-2020
    
    Date: 27-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-01-2021
    
    Date: 27-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-01-2021
    
    Date: 15-01-2021
    Business: Adv. Shobhit Shukla for plaintiff present.
    Adv. Roop Basu for defendant present.
    On perusal of roznama dt. 12.07.2019 there is order of status quo to the parties. Hence as the said order is continued till date. It is extended till next date.
    All the parties are present before the court. Adv. for defendant stated that on the adjourned date the argument be heard.
    The order of status quo is operating against the parties. Therefore all the parties to argue on next date and or file written arguments failing which the order will stand vacated.
    Adjd for NM hearing to 15/02/2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-02-2021
    
    Date: 15-02-2021
    Business: Adv. Mr. A. R. Pande for plaintiff present.
    Adv. Mr. Roopadaksha Basu for defendant present.
    Heard arguments of Adv. Mr. A. R. Pande for plaintiff and Adv. Mr. Roop Basu for defendant.
    Adv. Mr. Pande for plaintiff filed compilation of judgments. t.o.r.
    Adv. for plaintiff filed pursis to take on record the copy of notice issued by Mumbai Port Trust under section 40 of MRTP Act. t.o.r.
    Arguments of both the parties are heard. Now it is for NM orders. Hence order of status quo operating against the parties is extended till next date.
    Adjd for NM orders to  26/02/2021
    Next Purpose: NM  ORDERS
    Next Hearing Date: 26-02-2021
    
    Date: 26-02-2021
    Business: Adv. Mr. Dubey h/f Adv. Pande for plaintiff present.
    Adv. Roop Basu for defendant present.
    Court is busy in passing judgment in Sessions case No. 715/19. Hence adjourned.
    Therefore Order of status quo operating against the parties is extended till next date.
    Adjd for NM orders to 09/03/2021
    Next Purpose: NM  ORDERS
    Next Hearing Date: 09-03-2021
    
    Date: 09-03-2021
    Business: None for plaintiff.
    Adv. Roop Basu for defendant present.
    Court is busy in passing order in Review Petition 12/17 In
    Delay Condonation appln 248/16 and NM Nos. 1104/20, 1105/20, 1106/20, 1107/20 and 1108/20 and recording evidence in sessions case 1032/19 through video conferencing. Hence adjourned.
    Adjd for NM orders to 18/03/2021
    L. O at 3.20 pm
    Adv. Dubey h/f Adv. Pande for plaintiff present.
    Adv. for defendant present.
    Order of status quo operating against the parties is extended till next date.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 18-03-2021
    
    Date: 18-03-2021
    Business: Adv. Mr. A. R. Pande for plaintiff present.
    Adv. Roop Basu for defendant present.
    FRSR FOLLOWING ORDER PASSED IN Notice of Motion No. 2629/19
                               ORDER
    1. Notice of motion is rejected.
    2. No order as to cost.
    3. Accordingly, Notice of Motion is disposed of.
    The plaintiff filed the application at 4.55 pm
    The plaintiff was told to call the other side as they were not present in court.
    Adv. for plaintiff stated that they are unable to contact Adv. for defendant.
    L. O at 5.10 pm
    Exh-3 Adv. for plaintiff filed an application to stay the order dt. 18.03.2021 for eight weeks. O- Other side to say.
    The plaintiff to serve the copy of application to the defendant
    The defendant to file reply tomorrow.
    Adjd for reply/argument to 19/03/2021
    Next Purpose: REPLY
    Next Hearing Date: 19-03-2021
    
    Date: 19-03-2021
    Business: Adv. Mr. Pande along with Adv. Dubey for plaintiff present.
    Adv. Harsha Asrani  h/f Adv. Roop Basu for defendant present.
    Heard adv. Mr. Pande for plaintiff.
    Adv. for defendant is seeking time till afternoon. The defendant is directed to file reply and argue at 2.45 pm failing which order will be passed in the application
    KB till 2.45 pm
    L. O at 2.45 pm
    Adv. Mr. Dubey h/f Adv. Pande for plaintiff present.
    Adv. Roop Basu for defendant present.
    ORDER below Exh. 2
    Application is rejected
    Adjd for directions to 15/07/2021
    Next Purpose: DIRECTIONS
    Next Hearing Date: 15-07-2021
    
    Date: 15-07-2021
    Business: Due to COVID-19 mater adj. to
    Next Purpose: DIRECTIONS
    Next Hearing Date: 26-08-2021
    
    Date: 26-08-2021
    Business: Board is discharged.  Matter adj. to
    Next Purpose: DIRECTIONS
    Next Hearing Date: 11-11-2021
    
    Date: 11-11-2021
    Business: Court is Vacant.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 17-01-2022
    
    Date: 17-01-2022
    Business: Court is Vacant.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 17-03-2022
    
    Date: 17-03-2022
    Business: Adv. Shukla for plff present.
    Representative Ganesh Pol for defendant present.
    Adjd on 01.07.2022 for Written Statement /Order.
    Later on 4.00 p.m.
    Adv Basu for defendant present.
    Matter already adjd on 01.07.2022.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 01-07-2022
    
    Date: 01-07-2022
    Business: Matter called out at 12.45 pm
    None  for plff
    Adv Vrinda Tanna I/b The Law Point for Defendant present
    Adv for def requests time to file WS.  Granted.
    Matter is adjd on 08.09.2022 for Written Statement
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 08-09-2022
    
    Date: 08-09-2022
    Business: None for plff.  Adv Heenal Wadhawa for def present
    Court is busy in hearing argument in Suit No. 4134/2012.  Hence Board is discharged.
    Adv for defendant tendered WS on behalf of defendant Nos 1 and 2 t.o.r marked as Exh 3
    Adv for plff tendered draft NM a/w affidavit t.o.r leave is granted to register NM.
    Matter is adjd on 21.11.2022 for WS
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 21-11-2022
    
    Date: 21-11-2022
    Business: Matter called out at 3.04 pm
    Adv Deepanjali for plff present
    Adv Gaurav Jain for defendant present
    Adv for defendant tendered registered NM No. 4136/22 a/w affidavit t.o.r.  Copy served upon other side.  In the roznama dated 08.09.2022 it is wrongly mentioned that adv for plff tendered draft NM as the draft NM was tendered by adv for defendants.  The said roznama is accordingly corrected.
    Matter is adjd on 30.01.2023 for NM Reply
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 30-01-2023
    
    Date: 30-01-2023
    Business: As Court is busy in dictating judgment in SU 4378/13, hence, board is discharged.
    Matter is adjd on 23.03.2023 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 23-03-2023
    
    Date: 23-03-2023
    Business: Adv. Deepanjali Mishra for plaintiff present and tendered reply to Nm. TOR. Copy served upon other side.
    Adv. Basu for defendant present.
    Matter is adjd on 20-06-2023 for Nm hearing.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 20-06-2023
    
    Date: 20-06-2023
    Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    Adv.Deepanjali Mishra h/f Adv.Pande for plaintiff present.
    Adv.Gaurav Jain h/f The Law Point for defendant present.  He seeks time for argument, other side is ready for argument.  In such circumstance last chances is granted to defendant.
    Matter is adj to 11/07/2023 for argument on N/M.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 11-07-2023
    
    Date: 11-07-2023
    Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    As court is busy in recording evidence in sessions case hence, parties are directed to mark their appearance, file necessary application with Sheristedar.  Hence, no effective hearing is taken place.  Accordingly matter adjourned.
    Adv.Shweta Bhosale for plaintiff present.
    Adv.Gaurav Jain i/b The Law Point for defendant present.
    Matter is adj to 06/09/2023 for argument on N/M.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 06-09-2023
    
    Date: 06-09-2023
    Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    Adv.Deepanjali Mishra h/f Adv.A.R.Pande for plaintiff present.
    None for defendant.
    Defendant has given last chance to argue on N/M.
    Matter is adj to 30/10/2023 for argument on N/M.
    Later on at 3.35pm
    Adv.Rohan Shah a/w Adv.Roop Basu i/b The Law Point for defendant present.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 30-10-2023
    
    Date: 30-10-2023
    Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    Adv.Deepanjali Mishra h/f Adv.A.R.Pande for plaintiff present.
    Adv.Roop Basu for defendant present.
    Heard both the sides on N/M No.4136/2022.
    Matter is adj to 09/11/2023 for order on N/M.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 09-11-2023
    
    Date: 09-11-2023
    Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    None present.
    Matter is adj to 23/01/2024 for argument on N/M.
    Later on at 3.52pm
    Adv.Deepanjali Mishra h/f Adv.A.R.Pande for plaintiff present.
    Kalpana Pol (Legal Manager) of Port Trust present.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 23-01-2024
    
    Date: 23-01-2024
    Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    Adv.Deepanjali Mishra h/f Adv.A.R.Pande for plaintiff present.
    Adv.Roop Basu for defendant present.
    Sugandha Patil (Legal Asst.) of Port Trust present.
    Matter is adj to 24/01/2024 for order on N/M.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 24-01-2024
    
    Date: 24-01-2024
    Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    None for plaintiff.
    Adv.Mr.Roop Basu i/b The Law Point for defendant present.
    As court is busy hearing of other matter hence matter is adj to 25/01/2024 for order on N/M.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 25-01-2024
    
    Date: 25-01-2024
    Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    Adv.Deepanjali Mishra h/f Adv.A.R.Pande for plaintiff present.
    Adv.Mr.Roop Basu i/b The Law Point for defendant present.
    Notice of Motion No.4136 of 2022 is allowed.
    Reasons are separately recorded.
    Order is dictated and pronounced in open court.
    Matter is adj to 12/04/2024 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 12-04-2024
    
    Date: 12-04-2024
    Business: As PO is on leave, therefore, board is discharged.
    Reason For Adjournment: court time is over
    Next Purpose: COMPLIANCE
    Next Hearing Date: 11-07-2024
    
    Date: 11-07-2024
    Business: CORAM - H.H.J. SMT. A. V. KASTURE -(C.R.NO.59)
    None for plaintiff.
    Anil Ambadkar-Legal Assistant of BPT present.
    Adv.Ahmed Padela i/b The New for defendant present.  He submitted receipt of the cost of Rs.5,000/- paid to the plaintiff marked as Exhibit-4.  O-Seen and filed.
    He also seeks time for compliance of cost of Rs.2,000/- to be paid to the DLSA.  Time granted.
    Matter is adj to 26/08/2024 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 26-08-2024
    
    Date: 26-08-2024
    Business: Po is on leave
    Next Purpose: COMPLIANCE
    Next Hearing Date: 19-11-2024
    
    Date: 19-11-2024
    Business: PO IS ON LEAVE.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 12-03-2025
    
    Date: 12-03-2025
    Business: CORAM - H.H.J. SHRI. R. B. PARVEKAR-(C.R.NO.59)
    Adv.Ayman Khan for plaintiff present.
    Adv.Amhed Padela for defendant present.
    Keep Back.
    Second time matter called out at 12.37noon
    Adv.Ayman Khan for plaintiff present and filed say on Exh-5 itself.
    Adv.Amhed Padela for defendant present and filed application for extension of time for compliance taken on record marked as Exh-5.  Order-Other side to say.
    Matter is adj to 25/06/2025 for hearing on Exh-5.
    Next Purpose: HEARING
    Next Hearing Date: 25-06-2025
    
    Date: 25-06-2025
    Business: CORAM - H.H.J. SHRI. A. K. KALE-(C.R.NO.59)
    Adv.Pathak h/f Adv.Pande for plaintiff present.
    Adv.Priya Kumari i/b The Law Point for defendant present.
    Anil Ambadkar-Legal Assistant-Mumbai Port Trust present.
    Matter is adj to 25/07/2025 for hearing on Exh-5.
    Next Purpose: HEARING
    Next Hearing Date: 25-07-2025
    
    Date: 25-07-2025
    Business: Po is on leave
    Next Purpose: HEARING
    Next Hearing Date: 29-09-2025
    
    Date: 29-09-2025
    Business: Court Vacant
    Next Purpose: HEARING
    Next Hearing Date: 18-12-2025
    
    Date: 18-12-2025
    Business: Court is vacant.
    Next Purpose: HEARING
    Next Hearing Date: 20-03-2026
    
    Date: 20-03-2026
    Business: Court is Vacant.
    Next Purpose: HEARING
    Next Hearing Date: 02-07-2026
    
    Date: 02-07-2026
    Business: CORAM - H.H.J. SMT. P. M. KATHARE-(C.R.NO.59)
    None for plaintiff.
    Adv.Priya Kumari for defendant present.
    Order on Exh-5- Application allowed.  Permission granted to the defendant for compliance of the order dated 25/01/2024. The time extended and defendant is permitted to deposit the said amount of Rs.2,000/-(Rupees Two Thousand Only) before the DLSA. Application Exh-5 is disposed of.
    Matter is adj to 13/10/2026 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 13-10-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 107526/2019
    Filing Date: 09-07-2019
    First Hearing Date: 17th July 2019
    Court Number And Judge: 59-Court 59 ADDL SESSIONS JUDGE

    Orders

    2
    Interim Order 1Full order available
    19 Mar 2021

    Order Details: Order below exhibit Pdf Text: SUIT NO.2006/2019 ORDER BELOW EXH.2 IN SUIT NO.2006 OF 2019 Yakub Usman Kapadia …. Plaintiff Versus Mumbai Port Trust and Anr ….Defendants ORDER 1) The application is filed by plaintiff to stay the order dt. 18.03.2021 for eight weeks to enable plaintiff to challenge it before Hon'ble High Court. 2) The defendant filed reply and objected that the plaintiff is enjoying the order of adinterim since last two years and it is held…

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    Order 1Full order available
    19 Mar 2021

    Order Details: Order below exhibit Pdf Text: SUIT NO.2006/2019 ORDER BELOW EXH.2 IN SUIT NO.2006 OF 2019 Yakub Usman Kapadia …. Plaintiff Versus Mumbai Port Trust and Anr ….Defendants ORDER 1) The application is filed by plaintiff to stay the order dt. 18.03.2021 for eight weeks to enable plaintiff to challenge it before Hon'ble High Court. 2) The defendant filed reply and objected that the plaintiff is enjoying the order of adinterim since last two years and it is held…

    Read Full Order

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