SUIT - SHORT CAUSE CIVIL SUIT
Mr. Prakash Rafeil NayduVsMr. Tharsis Benzamin Rafeil Naydu alias Jony +1 more
CNR MHCC01007625201821-COURT 21 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
PENDING
TrustJury record updated 14 Sept 2026
Case Overview
- Registration Number
- 102116/2018
- Registration Date
- 16 Aug 2018
- Next Hearing Date
- 15 Oct 2026
- Case Stage
- RECORDING EVIDENCE
Advocates
1For Petitioner
For Respondent
Not available
Parties
3Acts & Sections
1Hindu Marriage Act · Sec 37 · Order 34
Case History / Proceedings
Case History
Date: 06-09-2018
Business: None present for the plff.
The plff has failed to file proof of service of writ of summons.
Matter is adjd. to 16.11.2018 for steps by the plff or for dismissal order.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 08-10-2018
Date: 08-10-2018
Business: By preceipe.
Adv. Ms. Seema for the plff. Present.
Adv. Mr. Sharma for deft nos. 1 and 2 present
Already tendered Vakalatnama of the plff.
Vakalatnama tendered
Today the deft has received copies of plaint, documents and N/M.
Defendants waives service of writ of summons.
Original Notice of Motion no. 3315/18 alongwith affidavit in support tendered by the plaintiff. t.o.r.
Matter adjd to 16.11.2018 for reply to N/M/ W.S by the deft.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-11-2018
Date: 16-11-2018
Business: Court is busy in dictating order in SU no. 4939/03 and mediation matters and other matters on board. Hence, Board is discharged.
Matter is adjd. to 30.01.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-01-2019
Date: 30-01-2019
Business: Adv. Ms. Savita Metkary for the Plaintiff present.
None present for defendant.
KB at 4.30
LO at 5.45
Adv. Ms. Savita metkary for the plff present.
Adv. Mr. Satish Sakat for deft no.1 and 2 present.
Already tendered Vakalatnama of the plff.
Already tendered address memo of the plff.
Vakalatnama tendered by deft no. 1 and 2. t.o.r
Adjournment application tendered by deft nos. 1 and 2. t.o.r. Granted as a last chance.
Matter is adjd. to 27.03.2019 for N/M reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-03-2019
Date: 27-03-2019
Reason For Adjournment: court time is over
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-06-2019
Date: 06-06-2019
Business: Court is on leave
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-08-2019
Date: 06-08-2019
Business: Adv. C. N. Gondane for plaintiff present.
None present for defendants.
Reply is not filed by the defendants.
NM to proceed without reply.
Adjourned for NM hearing to 19.9.2019.
LO
Adv. Saitsh Sakat for defendant nos. 1 and 2 present.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-09-2019
Date: 19-09-2019
Business: Adv. C. S. Gongane for plaintiff present.
Adv. Satish Sakat for both the defendants present.
Application filed by the defendants for permission to file reply to NM.
O-Read application. Heard. Considering the reason mentioned in the application permission is granted to defendants to file reply to NM.
Reply filed by the defendants to NM.
Adjourned for heairng on NM to 7.11.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-11-2019
Date: 07-11-2019
Business: Adv. Gongane for plaintiff present.
Adv. Satish Sakat defendant present.
Heard argument of Ld. Advocate for the plaintiff and defendant on NM.
Adjourned for order on NM to 21.11.2019.
Next Purpose: NM ORDERS
Next Hearing Date: 21-11-2019
Date: 21-11-2019
Business: None present.
Court is busy in other matters.
Adjourned for order on NM to 7.12.2019.
Next Purpose: NM ORDERS
Next Hearing Date: 07-12-2019
Date: 07-12-2019
Reason For Adjournment: court time is over
Next Purpose: NM ORDERS
Next Hearing Date: 19-12-2019
Date: 19-12-2019
Business: Plaintiff present.
Defendant present.
Court is busy in hearing final argument in SU 9488/89, the matter is adjd for order to 16.01.2020.
Next Purpose: NM ORDERS
Next Hearing Date: 16-01-2020
Date: 16-01-2020
Business: Plaintiff present.
Deft. nos.1 and 2 present.
F.R.S.R. following order is passed -
ORDER
1. N/M no.3315/18 is made absolute in terms of prayer clause (a).
2. Cost in the cause.
3. N/M no.3315/18 is disposed off accordingly.
The matter is adjd for evidence to 12.03.2020.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-03-2020
Date: 12-03-2020
Business: None present.
Adjourned for evidence.
The matter is adjd for evidence to 16.06.2020.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-06-2020
Date: 16-06-2020
Business: In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-09-2020
Date: 09-09-2020
Business: In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-11-2020
Date: 11-11-2020
Business: Due to Covid-19, the matter is adjourned to 08.02.2021.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-02-2021
Date: 08-02-2021
Business: None present.
The matter is adjd for evidence to 10.03.2021.
L.O.
Adv. Sakat for deft. nos.1 and 2 present.
The matter is already adjd for evidence to 10.03.2021.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-03-2021
Date: 10-03-2021
Business: None present.
It appears from the record that order to proceed without written statement of defendants was not passed although the matter was placed for evidence, hence suit to proceed without written statement of defendants.
Matter is adjourned for evidence of plaintiff.
The matter is adjd for evidence to 06.05.2021.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-05-2021
Date: 06-05-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-08-2021
Date: 12-08-2021
Business: P.O. is on leave. Matter adjd to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-11-2021
Date: 10-11-2021
Business: None present for plaintiff.
Adv. Pranit Sonawane for defendant is present.
Matter adjourned for evidence by way of last chance.
Matter adjd for evidence on 17.02.2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-02-2022
Date: 17-02-2022
Business: Adv Mittal for plff is present.
On oral request of advocate for plaintiff, matter is adjourned for evidence.
Matter is adjd to 14/06/2022 for Evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-06-2022
Date: 14-06-2022
Business: Plaintiff present.
Adv Seema H/f Adv Ratna Jaiswal for plaintiff present. She requested for adjournment as senior advocate is not present as she is unwell. Already two adjournments are granted on 10/11/21 and 17/02/22 . Today there is no proper reason to grant adjournment despite this adjournment is granted as a last chance subject to Cost of Rs.3000/- to DLSA.
If there is no progress on next date next order will pass to dispose off the matter.
Matter adjd to 25/08/2022 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-08-2022
Date: 25-08-2022
Business: Plaintiff is present.
KB for compliance.
LO at 1.02 p.m.
Adv. Rupa Mittal for plaintiff is present and filed V/P for plaintiff t.o.r marked as Exh.7. Seen and Filed.
She has also filed an application for modification of order dtd. 14.06.2022 t.o.r marked as Exh.8.
Adv. Rajeshwar for defendant is present and filed V/P for defendant t.o.r marked as Exh.9. Seen and Filed.
The Ld. Adv.for defendant filed say on Exh.8.
Order below Exh.8
Heard both the Ld.advocates for respective parties. Perused the record.
It is contention of the plaintiff that his advocate was not keeping well due to Corona virus and other diseases and thus could not file the affidavit of evidence. It is further contended that the plaintiff is very poor and staying at Wadala footpath. Hence, unable to pay the cost of Rs.3000/-. Therefore the cost be reduced to Rs.500/-.
The defendant has strongly opposed the application on ground that the application is not maintainable. It is contended that the plaintiff is working in BMC as a Sweeper.
Upon inquiry with the plaintiff he made a contention that he is doing labour work on contract basis and earning Rs.400/- per day. Thus considering this fact, I am of the view that the amount of cost needs to be reduced from Rs.3000/- to Rs.1000/-. The plaintiff is directed to comply with the order today itself. Hence, the application stands disposed of.
LO at 3.50 p.m.
The plaintiff complied with the order by depositing Rs.1000/- to DLSA.
Matter adjd to 14.11.2022 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-11-2022
Date: 14-11-2022
Business: Plaintiff is present.
Adv. Rajeshwar for defendant is present.
KB LO at 12.30 p.m.
Adv. Rupa for plaintiff is present.
Adv.Rajeshwar for defendant is present.
The Ld.Adv.for plaintiff has filed affidavit of examination in chief of Prakash Naidu t.o.r marked as Exh.10. Read and Recorded.
A/w compilation of documents t.o.r marked as Exh.11.
Matter adjd to 13.01.2023 for admission and denial of documents.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 13-01-2023
Date: 13-01-2023
Business: Plaintiff is present.
Adv. Rajeshwar for defendant is present and filed V/P t.o.r marked as Exh.12.
He also tendered draft NM a/w affidavit in support of it. O- Leave granted to register. Copy supplied to other side.
Matter adjd to 16.03.2023 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-03-2023
Date: 16-03-2023
Business: P.O. is on leave. Matter is adjourned to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-04-2023
Date: 20-04-2023
Business: P.O. is on leave (Second Session)
Matter adjd to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-07-2023
Date: 21-07-2023
Business: None present for plaintiff.
Adv. Rajeshwar for defendant is present.
The Ld. Adv. for defendant is directed to tender original registered NM.
Matter adjd to 26.09.2023 for compliance/NM reply.
Next Purpose: COMPLIANCE
Next Hearing Date: 26-09-2023
Date: 26-09-2023
Business: Adv. Shobha Dhonde for plaintiff is present.
Adv. Rajeshwar for defendant is present and tendered original Notice of Motion No. 276/2023.
Roznama dated 13.01.2023 shows that already copy supplied to the plaintiff.
Matter adjd to 05.12.2023 for filing reply.
Next Purpose: REPLY
Next Hearing Date: 05-12-2023
Date: 05-12-2023
Business: Adv. Shobha Dhonde for plaintiff is present.
Adv. Rajeshwar for defendant is present.
On oral request of Ld. Adv. for plaintiff last chance granted for filing reply to the NM No. 276/2023.
Matter adjd to 31.01.2024 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 31-01-2024
Date: 31-01-2024
Business: Adv. Shobha Dhonde for plaintiff is present and seek time to file reply. O- Time granted as last chance.
Adv. Rajeshwar for defendant is present.
Matter adjd to 11.03.2024 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-03-2024
Date: 11-03-2024
Business: Adv. Shobha Londhe h/f Ratna Jaiswal for plaintiff is present and filed reply to NM No. 276/2023.TOR.
Adv. Rajeshwar for defendant is present.
Matter adjd to 18.06.2024 for NM hearing on the request of both advocates.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-06-2024
Date: 18-06-2024
Business: Plaintiff is present.
Adv. Shobha Londhe for plaintiff is present.
Adv. Rajeshwar for defendant is present.
Heard both sides.
F.R.S.R following order is passed in Notice of Motion No.276 of 2023
ORDER
1. Notice of motion no.276/2023 is hereby allowed with permission to defendant to file written statement subject to cost of Rs.5,000/- to be paid to plaintiff within 14 days from today. Delay caused stands condoned.
2. Notice of motion is hereby disposed off.
Matter adjd to 02.07.2024 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 02-07-2024
Date: 02-07-2024
Business: Adv. Shobha Londhe for plaintiff is present.
Adv. Rajeshwar for defendant is present and seek permission to deposit cost amount in the court. Permission granted to deposit cost amount in terms of order in NM No.276/2023. Time extended for compliance for 14 days from today.
Matter adjd to 16.07.2024 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 16-07-2024
Date: 16-07-2024
Business: Matter pertains to CR. No.01
Plaintiff present.
Adv. Cesar Pereira h/f Adv. Suresh Rajeshwar for defendant is present and filed pursis Exh.13. TOR.
Defendant no.1 and 2 present.
Adv. for defendant filed written statement Exh.14. TOR. O- Read and recorded. Copy served on other side.
Matter adjd to 10.09.2024 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 10-09-2024
Date: 10-09-2024
Business: Plaintiff present and seek time. O- Time granted.
None present for defendant.
Matter adjd to 02.12.2024 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 02-12-2024
Date: 02-12-2024
Business: None present for plaintiff.
Adv. Rajeshwar for defendant is present and seek time. O- Time granted.
Matter adjd to 26.02.2025 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 27-02-2025
Date: 27-02-2025
Business: NOB TOB
None present for plaintiff and defendant.
Matter was adjourned on 26.02.2025 i.e. on holiday.
Hence, matter is taken on today’s board and next date is given. i.e. on 19.04.2025
Matter adjd to 19.04.2025.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 19-04-2025
Date: 19-04-2025
Business: Plaintiff present.
None present for defendant.
Matter adjd to 19.07.2025 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 19-07-2025
Date: 19-07-2025
Business: Plaintiff present.
Adv. Rajeshwar for defendant is present and seek time to file draft issues. O- Time granted.
Matter adjd to 26.09.2025 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 26-09-2025
Date: 26-09-2025
Business: None present for plaintiff.
Adv. Cesar Pereira h/f Suresh Rajeshwar for defendant is present.
Draft issues not filed.
Matter adjd to 06.01.2026 for framing issues.
L. O at 11.55 a.m.
Plaintiff present.
Matter already adjd to 06.01.2026.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 06-01-2026
Date: 06-01-2026
Business: None present for plaintiff.
Adv. Rajeshwar for defendant is present.
Issues are framed at Exh.15.
Matter adjourned to 25.03.2026 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-03-2026
Date: 25-03-2026
Business: Adv. Prachi Bharat Nerurkar h/f Adv. Ratan Jaiswal for plaintiff is present.
Adv. Rajeshwar for defendant is present.
Matter adjourned to 06.07.2026 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-07-2026
Date: 06-07-2026
Business: CORAM - HIS HONOUR JUDGE SHRI R.R. KHAN (C.R. No.21).
Matter received from Court Room No.01 at 2.15 p.m.
Matter adjourned to 06.08.2026 for Recording Evidence.
Judge
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-08-2026
Date: 06-08-2026
Business: P.O. is on training. Hence matter is adjd to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-08-2026
Date: 07-08-2026
Business: PO is on training. Hence, matter is adjourned.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 31-08-2026
Date: 31-08-2026
Business: CORAM - HIS HONOUR JUDGE SHRI R.R. KHAN (C.R. No.21).
None for plaintiff present.
Advocate Rajeshwar for defendant present.
Witness absent.
The matter is pending for evidence, therefore, plaintiff is directed to lead evidence on next date, without fail.
Matter is adjourned for recording evidence to 15.10.2026. Judge
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-10-2026Additional Case Details
Additional Case Details
Filing Number: 108255/2018 Filing Date: 25-06-2018 First Hearing Date: 06th September 2018 Court Number And Judge: 21-COURT 21 ADDL SESSIONS JUDGE
Orders
2Interim Order 106 Jan 2026
06 Jan 2026
Order Details: Other Pdf Text: SUIT NO.2116/2018 Exh.15 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY SUIT NO. 2116 OF 2018 Prakash Rafeil Naydu ... Plaintiff V/s. Tharsis Benzamin Rafeil Naydu @ Jony and Another ...Defendant CORAM : HIS HONOUR JUDGE SHRI. P. G. BHOSALE (COURT ROOM NO.01) DATE : 06TH JANUARY, 2026 I S S U E S 1. Whether the plaintiff proves that he is owner of the suit premises? 2. Whether the plaintiff proves that he is in possession of the suit premises? 3. Whether the plaintiff proves that the defendants have encroached into the suit premises? 4. Whether the plaintiff is entitled to get back the possession of suit premises? 5. Whether the plaintiff is entitled for declaration that the defendants are rank trespassers in the suit premises? 6. Whether the plaintiff is entitled for permanent injunction against the defendants? 7. What order and decree? ( P. G. BHOSALE ) Judge City Civil & Sessions Court, Date : 06.01.2026 Gr. Mumbai. -- 1 of 1 --
Order 106 Jan 2026
06 Jan 2026
Order Details: Other Pdf Text: SUIT NO.2116/2018 Exh.15 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY SUIT NO. 2116 OF 2018 Prakash Rafeil Naydu ... Plaintiff V/s. Tharsis Benzamin Rafeil Naydu @ Jony and Another ...Defendant CORAM : HIS HONOUR JUDGE SHRI. P. G. BHOSALE (COURT ROOM NO.01) DATE : 06TH JANUARY, 2026 I S S U E S 1. Whether the plaintiff proves that he is owner of the suit premises? 2. Whether the plaintiff proves that he is in possession of the suit premises? 3. Whether the plaintiff proves that the defendants have encroached into the suit premises? 4. Whether the plaintiff is entitled to get back the possession of suit premises? 5. Whether the plaintiff is entitled for declaration that the defendants are rank trespassers in the suit premises? 6. Whether the plaintiff is entitled for permanent injunction against the defendants? 7. What order and decree? ( P. G. BHOSALE ) Judge City Civil & Sessions Court, Date : 06.01.2026 Gr. Mumbai. -- 1 of 1 --
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