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Commercial Suit

Shri. Santlal Santprasad YadavVsMrs. Asha Baban Ransur +2 more

CNR MHCC01007513201931-COURT 31 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
PENDING

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
100533/2022
Registration Date
30 Jul 2022
Next Hearing Date
24 Sept 2026
Case Stage
JUDGMENT

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    4

    Acts & Sections

    1
    Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 201 · Sec (c) 18 · 1 · 2

    Case History / Proceedings

    Case History
    Date: 03-09-2022
    Business: Holiday declared on 03.09.2022 vide office order dt. 178 of 2022 dt. 25.08.2022 hence adjourned to next working date i.e. 05.09.2022.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 05-09-2022
    
    Date: 05-09-2022
    Business: Court is on leave
    Next Purpose: DIRECTIONS
    Next Hearing Date: 21-10-2022
    
    Date: 21-10-2022
    Business: Adv. Arya Ambre for plaintiff present.
    Issue writ of summons to defendants.
    Adjd for affidavit of service to 05/12/2022
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 05-12-2022
    
    Date: 05-12-2022
    Business: court on leave
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 09-01-2023
    
    Date: 09-01-2023
    Business: Adv. Arya Ambre for plaintiff is present and sought extension of time for serving writ of summons. O- extension is granted.
    None for defendant.
    Case is adjourned to 17-02-2023 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 17-02-2023
    
    Date: 17-02-2023
    Business: Matter pertains to C.R. 31
    Adv. Miss. Bhagyashree h/f Adv. Arya Ambre for plff. Present.
    Adv.of plff has filed service affidavit alongwith RPAD cards and RPAD envelop. It shows that deft no. 1 and 3 served with suit summons on 28.01.2023. RPAD envelop of deft no. 2 returned unserved with postal remark Incomplete Address
    Case adjourned for order against deft no. 1 and 3 and for steps against deft no. 2 to  28.02.2023.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 28-02-2023
    
    Date: 28-02-2023
    Business: Adv. Jyoti Korde for plaintiff is present.
    None for defendant.
    Exh.03 - Ld adv for plaintiff filed application for publication of notice in local news paper to defendant no.2 u/o 5 Rule 20(1a) of CPC t.o.r. O- Heard, writ of summons be served to defendant no.2 by publishing same in news paper.
    As per roznama dated 11-02-2023 the writ of summons is served to the defendant no.1 on 28-01-2023. defendant no.1 is absent. Suit proceeded exparte against the defendant no.1.
    Case is adjourned for affidavit of service to 06-04-2023.
    L.O. at 12.20 pm
    Adv. Vasant Shivakar for defendant nos. 2 and 3 is present.
    Exh.04 - Ld adv for defendant no.2 and 3 filed V/N. O- Taken on record subject to limitation.
    Case is already adjourned for WS of defendant nos. 2 and 3 to 06-04-2023.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 02-03-2023
    
    Date: 02-03-2023
    Business: By precipice.
    Adv. Jyoti Korde for plaintiff is present.
    None for defendant.
    Exh.05 - Ld adv for plaintiff filed application for matter taken on today’s board t.o.r. O- Allowed.
    Order below Exh.03-
    Today Ld adv for plaintiff not pressed this application. Is disposed off.
    Case is already adjourned for WS of defendant no.2 to 06-04-2023.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 06-04-2023
    
    Date: 06-04-2023
    Business: PO on leave. Board discharged.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 28-04-2023
    
    Date: 28-04-2023
    Business: Adv. Prajakta Tayade for plaintiff is present.
    Adv Jannat Yadav for defendant is present and tendered draft Notice of Motion along with affidavit and WS. O- Leave granted to register NM. Copy be served to the other side.
    Case is adjourned for tendering original registered NM along-with affidavit to 21-06-2023.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 21-06-2023
    
    Date: 21-06-2023
    Business: Adv. Jyoti Kolhe present with plaintiff.
    Defendant side called, but absent.
    Parties to take steps regarding Notice of Motion.
    Matter adjourned to 01.09.2023  for  Notice of Motion.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 01-09-2023
    
    Date: 01-09-2023
    Business: Shri. Santlal Santprasad Yadav Vs Mrs. Asha Baban Ransur
    Adv. Prajakta Tayde  present for plaintiff.
    Defendant side called, but absent.
    Perusal shows that, defendant has registered  the Notice of Motion No. 2164 / 2023. However, the same  is not submitted before this court. Hence, defendant to take appropriate step by next date. Else, put for necessary order.
    Matter adjourned to 03.10.2023 for Notice of Motion.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 03-10-2023
    
    Date: 03-10-2023
    Business: Shri. Santlal Yadav Vs Mrs. Asha Baban Ransur
    Adv. Jyoti Korade present for plaintiff.
    Defendant side called, but absent.
    Exh.8 - Application filed by plaintiff for rejection of Notice of Motion of defendant.
    Perusal of roznama shows that, on 28.02.2023, the suit was ordered Ex-parte against defendant No.1. On same date the defendant No.2 and 3 filed their Vailpatra. Thereafter on 28.04.2023 the defendants tendered draft NM and  took the original for registration. Thereafter, the NM registered on 19.06.2023. However, till date the defendants have not filed the register NM 2164/2023 before this Court.
    Vide Roznama Order Dt. 21.06.2023 and 08.09.2023, the defendant were directed to take appropriate steps. Despite that, they failed.
    Hence, the proceeding of NM 2164/ 2023 stands closed for want of prosecution. Matter to proceed for evidence of plaintiff.
    Later on at 13.15 Hrs.
    Adv. Jannat Yadav present for defendant No.2  and 3.
    She Submitted registered NM 2164 2023. She is informed about the above order of dismissal of the NM.
    Defendant is at liberty to take steps.
    Matter adjourned to 29.11.2023 for evidence of plaintiff.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 29-11-2023
    
    Date: 29-11-2023
    Business: Adv.  Jyoti Kolhe present for plaintiff.
    Adv. Chandan Yadav present for defendant no. 2 and 3.
    Exh.9 :  Evidence affidavit of plaintiff witness with list of documents.
    Witness present.
    Exh. 11 and 12 : Draft notice of motion along with affidavit tendered by defendant no.2 and 3.
    Leave is granted to register it.
    Case adjourned to 20.12.2023  for filing register n/m, NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 20-12-2023
    
    Date: 20-12-2023
    Business: Santal Yadav V/s Asha Ransur
    Adv. Dhanlaxmi Iyaar present for plaintiff.
    Exh.13 - List of witness filed by plaintiff.
    Adv. Jannat present for defendant Nos. 2 and 3.
    She tendered register Notice of Motion  No. 4772 / 2023 along with affidavit in support of Notice of Motion.
    Case adjourned to 06.03.2024 for Notice of Motion reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 06-03-2024
    
    Date: 06-03-2024
    Business: Santhal Yadav V/s Asha Ransur
    Adv. Rutuja Vadalkar present with plaintiff Santlal.
    Adv. Rajan Gupta present for defendant.
    As Court is on leave, Suit adjourned to 12.04.2024.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 12-04-2024
    
    Date: 12-04-2024
    Business: Santlal Yadav Vs. Asha Ransur
    Adv. Ms. Prajakta Tayade present for plaintiff.
    Adv. Ms. Ankita Pandey present for all three defendants.
    Exh. 14 - Reply by plaintiff to Notice of Motion
    Heard Learned lawyers on Notice of Motion No. 4772 / 2023.
    FRSR following order is passed in NM 4772 / 2023 -
    					ORDER
    
        1. Notice of Motion No. 104772 of 2023, is allowed, subject to Cost of Rs. 5,000/- (Rs. Five Thousand Only) payable to plaintiff.
    
        2. Defendant No. 2 and No. 3 shall jointly and severally pay / deposit said Cost by next date.
    
        3. If defendant No. 2 and No. 3 pays / deposit the Cost by next date, then the Notice of Motion No. 102164 / 2023 shall stand restore at its stage, as on 03.10.2023.
    
        4. Considering age of the suit, parties to expedite.
    
        5. Parties are informed about their right to challenge this Order and period of limitation for it.
    
        6. Order pronounced in Open Court in presence of Ld. Adv. Ms. Prajakta Tayade for plaintiff and Ld. Adv. Ms. Ankita Pandey for defendant.
    
        7. Record of Notice of Motion shall be part of main Commercial Suit No. 100533 / 2022.
        8.
    Suit adjourned to 20.06.2024 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 20-06-2024
    
    Date: 20-06-2024
    Business: Santlal Yadav V/s Asha Ransur
    Adv. Ms. Prajakta Tayde present for plaintiff.
    Adv. Rajan Gupta present for defendant.
    Exh.15 - Adjournment application filed by defendant.
    Order - Plaintiff to file reply.
    Adjournment application at Exh.15 is objected by plaintiff.
    Order - Exh.15 is allowed for today.
    Parties to take steps by next date.
    
    Suit adjourned to 20.07.2024 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 20-07-2024
    
    Date: 20-07-2024
    Business: Adv. Prajakta Tayde present for plaintiff.
    Defendant side called, but absent.
    Parties to take steps.
    Suit adjourned to 13.09.2024 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 13-09-2024
    
    Date: 13-09-2024
    Business: Shri. Santlal Santprasad Vs Mrs. Asha Baban Ransur
    Adv. S.D. Savekar present for plaintiff.
    Plaintiff Santlal Yadav present.
    Defendant side called, but absent.
    Exh.16 - Application filed by plaintiff for ex-parte order against defendants nos. 2 and 3.
    Defendants to file reply.
    Suit adjourned to 12.11.2024 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 12-11-2024
    
    Date: 12-11-2024
    Business: Adv. Priyanka present for plaintiff.
    Defendant side called, but absent.
    Defendant to file reply to Exh.16.
    Parties are directed to e-file all their respective pleadings, Interim Applications (Chamber Summons, Notice of Motions, Summons for Judgment, its replies, joinder, rejoinders, etc.), Written arguments, documents in OCR compatibility.
    Parties to comply previous roznama order
    Suit adjourned to 18.02.2025 for reply to exh.16.
    Next Purpose: REPLY
    Next Hearing Date: 18-02-2025
    
    Date: 18-02-2025
    Business: Adv. Ankita Katakdhond for plaintiff present.
    Ld Advocate appearing for the plaintiff made a statement till today defendant No.2 and 3 have not complied with the order dated 12.04.2024 passed in Notice of Motion No.4772/2023; Hence, suit be proceeded ex-parte against defendants No.2 and 3.
    Statement is accepted.
    None appear for defendants No.2 and 3 on today's date to respond to the statement made by the Ld Adv. for the plaintiff.
    Matter stands Adj for ex-parte evidence on 23-04-2025
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 23-04-2025
    
    Date: 23-04-2025
    Business: None present for plaintiff.
    KB
    Later on at 1.45 pm
    Adv. Gaurav Pandey for plaintiff present.
    Exh.   V/N filed by plaintiff with NOC from erstwhile advocate.
    O. Seen.
    On the oral request of the adv for the plaintiff for further examination.
    Matter stands Adj to 25-06-2025 for marking of documents.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 25-06-2025
    
    Date: 25-06-2025
    Business: Adv. Gaurav Pandey i/b Adv. Arya Ambre for plaintiff present.
    Later on at 1.57 pm
    Court is busy in Judgment in CS 1202/2024 so matter is adjourned for ex-parte evidence.
    Matter stands adjourned to 08.07.2025 for ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 08-07-2025
    
    Date: 08-07-2025
    Business: None present for plaintiff.
    Kept back. Later on at 01.30 pm
    Adv. Gaurav Pandey for plaintiff present.
    Advocate for plaintiff proposed to file on record affidavit of admission and denial even when this proceeding is uncontested. It appears by filing such affidavit plaintiff is admitting own documents. Such a exercise is completely unwarranted and uncalled for, that too, in a ex-parte proceeding.
    Advocate for the plaintiff submit that he will filing affidavit of evidence in second session. So kept back in second session.
    Later on at 04.46 pm.
    Same appearance for plaintiff.
    Exh.18 Affidavit of Sanklal Yadav.
    O. R and R.
    Exh.19 List of documents filed by plaintiff.
    O. Seen.
    Matter stands Adj to 19-08-2025 for further examination in chief.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 19-08-2025
    
    Date: 19-08-2025
    Business: Adv. Gaurav Pandey for plaintiff present.
    Plaintiff Santlal Yadav is present.
    O. Oath administered.
    Exh.20
    :
    Original Affidavit of Kundlik.
    Exh.21
    :
    Original Power of Attorney
    Exh.22
    :
    Original Electricity Bill of March-2022.
    Exh.23
    :
    Original Card of Hut Occupier
    Exh.24
    :
    Original Photopass of Sushilabai.
    Exh.25
    :
    Original Sale Deed. (It is not a registered document. Document is marked only for the purpose of identification).
    Exh.26
    :
    Transaction details issued by Bank of Baroda dt. 21.04.2025
    Exh.27
    :
    Certified copy of Receipt dt 08.10.2016
    Exh.28
    :
    Certified copy of Receipt dt 08.10.2016
    Exh.29
    :
    Notice issued by Wadala Police Station dt. 30.01.2017
    Exh.30
    :
    Notice issued by BEST Mumbai dt. 26.04.2019 for disconnection of electric supply.
    Exh.31
    :
    Complaint  dt. 13.01.2017
    Exh.32
    :
    Request Letter - Complaint of December-2016
    Exh.33
    :
    Complaint dt. 21.12.2016
    Further examination in chief of Plaintiff is recorded.
    Matter stands Adj to 01-10-2025 for further evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 01-10-2025
    
    Date: 01-10-2025
    Business: Plaintiff - Santlal Yadav is present.
    Advocate for plaintiff absent.
    Kept back. Later on at 03.02 pm
    Plaintiff - Santlal Yadav is present.
    Plaintiff submit that his advocate is unwell and he is not in a position to attend court today. Hence, matter stands Adj to                    06-11-2025 for further evidence of plaintiff.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 06-11-2025
    
    Date: 06-11-2025
    Business: Adv. Sandhya Tapase for plaintiff present.
    Plaintiff – Santlal Yadav is present.
    Kept back, Later on at 01.10 pm
    Exh.34 Evidence Closure pursis filed by plaintiff. Its being an ex-parte suit. Put up suit for final argument.
    Matter stands Adj to 21-11-2025 for final argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 21-11-2025
    
    Date: 21-11-2025
    Business: Adv. Gaurav Patil for plaintiff present.
    Plaintiff – Santlal Yadav is present.
       On oral request of advocate for plaintiff, time is granted for final argument
    Matter stands Adj to 08-12-2025 for argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 08-12-2025
    
    Date: 08-12-2025
    Business: Adv. Gaurav Pandey for plaintiff present.
    Plaintiff Santlal S. Yadav present.
    Kept back for arguments. Later on at 01.10 pm
    Same appearance for plaintiff.
         This suit is based on unregistered Sale Deed, though consideration amount is shown as Rs.15,00,000/-. There is alternative prayer for refund of consideration amount. However, the one who executed so called Sale Deed Mr. Kundlik Natha Ransur is not a party to this proceeding. After making queries to the Ld. Advocate for plaintiff on above points, he sought time for final argument. O-Time is granted for argument.
    Matter stands Adj to 05-02-2026 for final argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 05-02-2026
    
    Date: 05-02-2026
    Business: Adv. Gaurav Pandey for plaintiff present.
    Plaintiff Mr. Santlal Yadav is present.
    None present for defendant.
              Ld. Advocate for plaintiff submit that plaintiff is in search of few documents and time may be granted to file these documents on record to substantiate claim of plaintiff. As a last chance time is granted for argument.
    Matter stands Adj to 10-03-2026 for argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 10-03-2026
    
    Date: 10-03-2026
    Business: Adv. Hema Prasad for plaintiff present.
    Plaintiff Mr. Santlal Yadav is present.
    None present for defendant.
    Kept back. Later on at 01.28 pm.
    Adv. Gaurav Pandey for plaintiff present.
    Plaintiff Mr. Santlal Yadav is present.
        On oral request of advocate for plaintiff, as a last chance time is granted for argument.
    Matter stands Adj to 18-04-2026 for argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 18-04-2026
    
    Date: 18-04-2026
    Business: Adv. Gaurav Pandey for plaintiff present.
    Plaintiff Santlal Yadav is present.
    None present for defendant.
          Advocate for plaintiff submit that SRA authority directed plaintiff to produce original documents for their inspection.
    Exh.35 Application filed by plaintiff to get back original documents which are marked in evidence.
    Order  Heard Ld. Advocate for plaintiff. On the basis of evidence affidavit of plaintiff on 19.08.2025 this Court marked various documents vide Exh.22 to 33. Matter is posted for final argument. In such circumstances, proved documents can not be returned back. Hence, application is filed.
    Matter stands Adj to 16-06-2026 for final argument
    Next Purpose: ARGUMENTS
    Next Hearing Date: 16-06-2026
    
    Date: 16-06-2026
    Business: Plaintiff Mr. Santlal Yadav is present.
    Advocate for plaintiff absent.
    None present for defendant.
    Matter stands Adj to 24-07-2026 for argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 24-07-2026
    
    Date: 24-07-2026
    Business: Adv. Arya Ambre for plaintiff present and prayed for time to file written argument. O- Time granted.
    Matter stands Adj to 01-09-2026 for final argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 01-09-2026
    
    Date: 01-09-2026
    Business: Suit is ex-parte.
    Adv. Gaurav Pandey for plaintiff present and filed written notes of argument. TOR and marked as Exh.36. O- Seen.
    Matter stands Adj to 24-09-2026 for Judgment.
    Next Purpose: JUDGMENT
    Next Hearing Date: 24-09-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 107926/2019
    Filing Date: 18-07-2019
    First Hearing Date: 03rd September 2022
    Court Number And Judge: 31-COURT 31  ADDL SESSIONS JUDGE

    Orders

    4
    Interim Order 2Full order available
    19 Aug 2025

    Order Details: Other Pdf Text: COMMERCIAL SUIT 533/2022 Exh.18 1 / 2 Date : 19-08-2025 Further examination in chief of plaintiff witness Santlal Santaprasad Yadav resumed on oath by Adv. Gaurav Pandey for plaintiff. As per Order Dt.18-02-2025 Suit is Ex-parte against defendant No.2 and 3 and vide order dated 28.02.2023 it is ex-parte against defendant No.1. Affidavit now shown to me bears my signature. Its contents are true. It is already marked as Exh.18. Through List of Documents at…

    Read Full Order
    Interim Order 1Full order available
    12 Apr 2024

    Order Details: Notice of Motion Pdf Text: NM No. 104772 / 2023 Santlal – Asha Order (Exh.11) 1 of 4 City Civil and Sessions Court, Mazgaon Greater Mumbai Court Room No. 31 – Commercial Court (Additional District Judge : Vijay S. Hingne, LL. M.) MHCC010135462023 Notice of Motion Filed : 29.11.2023 Arguments Over : 12.04.2024 Decided on : 12.04.2024 Duration : 04 M 14 Days Exhibit No.11 Commercial Suit No. 100533 / 2022 Notice of Motion No. 104772 / 2023…

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    Order 2Full order available
    19 Aug 2025

    Order Details: Other Pdf Text: COMMERCIAL SUIT 533/2022 Exh.18 1 / 2 Date : 19-08-2025 Further examination in chief of plaintiff witness Santlal Santaprasad Yadav resumed on oath by Adv. Gaurav Pandey for plaintiff. As per Order Dt.18-02-2025 Suit is Ex-parte against defendant No.2 and 3 and vide order dated 28.02.2023 it is ex-parte against defendant No.1. Affidavit now shown to me bears my signature. Its contents are true. It is already marked as Exh.18. Through List of Documents at…

    Read Full Order
    Order 1Full order available
    12 Apr 2024

    Order Details: Notice of Motion Pdf Text: NM No. 104772 / 2023 Santlal – Asha Order (Exh.11) 1 of 4 City Civil and Sessions Court, Mazgaon Greater Mumbai Court Room No. 31 – Commercial Court (Additional District Judge : Vijay S. Hingne, LL. M.) MHCC010135462023 Notice of Motion Filed : 29.11.2023 Arguments Over : 12.04.2024 Decided on : 12.04.2024 Duration : 04 M 14 Days Exhibit No.11 Commercial Suit No. 100533 / 2022 Notice of Motion No. 104772 / 2023…

    Read Full Order

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