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SUIT - SHORT CAUSE CIVIL SUIT

Mrs. Anita Anand JogiVsMr. Anil Aithappa Jogi +2 more

CNR MHCC0100765320182-COURT 02 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DECREED
Decision Date: 17th February 2025

TrustJury record updated 14 Sept 2026

Case Overview

Registration Number
101708/2018
Registration Date
12 Jul 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    4

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 37

    Case History / Proceedings

    Case History
    Date: 23-07-2018
    Business: By Precipee
    Plff.and Adv.Mr.Anil Diwate for Plff.present.
    Adv.for Plff.tendered draft N/m along with affidavitm t.o.r. Leave granted to register N/m.
    Deft.no.2 and Adv.Mr.Mahadik appeared for Defendant.no.2 and 3 filed vakalatnama t.o.r.and marked at Exh.2.
    Deft.no.3 absent.
    Deft.no.1 and Adv.Mrs.Darshana Indulkar for Defendant no.1 appeared and filed vakalatnama t.o.r.and marked at Exh.3.
    Considering the nature of dispute and as per the provisions of Section 89 of the C.P.C.this matter is referred for mediation.  Parties to the suit to take note that mediation is the confidential process and it is in the interest and the benefit of the party.  Parties to take note that mediatoin process is in good faith. Both the parties and their Ld.advocates have consented for referring the matter for mediation.  Parties to attend the District Mediation Center on 27.07.2018  at 11.00 am.
    Adjd.for Mediator\''s report on 20.08.2018.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 20-08-2018
    
    Date: 20-08-2018
    Business: Adv.Mr.Mangesh Chavan for Plff.present.
    None for defendant.
    Adjd.for Mediator\''s report on 08.10.2018.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 08-10-2018
    
    Date: 08-10-2018
    Business: Adv.Mr.Redekar for Plff present.
    Adv.Mr.Mahadik for Deft.no.2 present.
    Adv.Mrs.Indulkar for Deft.no.1 present.
    Ld. Mediator has filed report submitting that matter is not settled t.o.r.and marked at Exh.4
    Adv for Plff tendered original registered N/m No.3073/2018 t.o.r.
    Adjd.for reply on 15.10.2018.
    Next Purpose: REPLY
    Next Hearing Date: 15-10-2018
    
    Date: 15-10-2018
    Business: Adv.Mr.Harish Pawar for Plff.present.
    Adv.Mr.Upendra Mahadik for defts.no.2 and 3 present.
    The defendant no.1 is directed to remain present before the court on next date.
    Adjd.on 22.10.2018 for reply.
    L.O.at 4.15 pm.
    Deft.no.1 present.
    On his request last chance is granted to make submission on 22.10.2018.
    Next Purpose: REPLY
    Next Hearing Date: 22-10-2018
    
    Date: 22-10-2018
    Business: Adv.Mr.Harish Pawar for Plff. Present.
    Deft.no.1 present.  Adv.absent.
    Adv.Mr.Mahadik for defts.no.2 and 3 present.
    Last chance is granted to Defendant.no.1 to file reply to N/m.
    Deft.no.1 is present.  As per order dated 15.10.2018 last chance is granted to Defendant.no.1 to make submission.  Today Defendant no.1 is present.  No genuine reasons are shown for not filing reply to N/m or makes submission.  It is an admitted fact that Defendant no.1 is in possession of suit premises.  The Defendant no.1 not to create any third party right or interest in the suit premises till next date.
    Adjd.for N/m reply/written statement on 03.12.2018.
    Next Purpose: REPLY
    Next Hearing Date: 03-12-2018
    
    Date: 03-12-2018
    Business: Plff.and Adv.Mr.Harish Pawar for Plaintiff present.
    None for defendant no.1.
    Adv.Ms.Gayatri Harali for Defendants no.2 and 3 present.
    Deft.no.1 failed to file reply to N/m No.3073/18  Hence N/m to be heard without reply of defendant no.1.
    Adjd.for N/m hearing on 18.12.2018.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-12-2018
    
    Date: 18-12-2018
    Business: Adv. Ankush Mhatugade for Plaintiff present.
    Adv. Dheeraj Kanojia for Defendant no.1 present.
    Adv. Mahadik for Defendant no.2 and 3 present.
    Deft no.1 waived the service of summons.
    Adj for hearing to 24.01.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-01-2019
    
    Date: 24-01-2019
    Business: Adv. Pawar for Plaintiff present.
    Adv. Mahadik for Defendant no.2 and 3 present.
    Ex.5 Adv. For Defendant no.2 and 3 filed written statement t.o.r
    It be treated as reply to NM.
    Deft no.1 is absent.
    Suit to proceed without Written statement against Defendant no.1.
    Matter is adj for NM hearing to 27.02.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-02-2019
    
    Date: 27-02-2019
    Business: Adv. Pawar for Plaintiff present.
    Adv Mahadik for Defendant nos.2 and 3 present.
    Deft nos.2 and 3 present.
    Heard Adv for Plaintiff and Adv for Defendant nos.2 and 3.
    Deft no.1 is absent at the time of hearing.
    None present on behalf of Defendant no.1.
    Matter is adj for NM order to 05.03.2019.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 05-03-2019
    
    Date: 05-03-2019
    Business: Adv. Gujar for Plaintiff present.
    Adv. Poyarekar for Defendant nos.2 and 3 present.
    Adv for Plaintiff submitted that Plaintiff wants to file certain documents and sought adjournment. Therefore, matter is adj for filing documents and further hearing to 29.03.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-03-2019
    
    Date: 29-03-2019
    Business: Adv. Harish Pawar for Plaintiff present.
    Adv. Mahadik for Defendant nos.2 and 3 present.
    K.B.
    L.O.
    Ex. Compilation of documents filed by Plaintiff t.o.r.
    Adj for order to 05.04.2019.
    Next Purpose: ORDER
    Next Hearing Date: 05-04-2019
    
    Date: 05-04-2019
    Business: Adv. Surbhi Gujar for Plaintiff present.
    Deft and Adv absent.
    As Court is busy in hearing arguments and in other Court work, hence adj for order to 08.04.2019.
    Next Purpose: ORDER
    Next Hearing Date: 08-04-2019
    
    Date: 08-04-2019
    Business: Adv. Harish Pawar for Plaintiff present.
    Adv. Mahadik for Defendant nos.2 and 3 present.
    K.B. for order.
    L.O.
    FRSR following order is passed in NM No.3073/18.
    ORDER
    1.Notice of Motion No.3073 of 2018 is partly allowed and made absolute in terms of prayer clause (b) by restraining defendants from further creating third party rights in relation to suit premises till decision of suit.
    2.Accordingly, notice of motion stands disposed off.
    Adj for draft issues to 12.06.2019.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 12-06-2019
    
    Date: 12-06-2019
    Business: Adv. Harish Pawar for Plaintiff present.
    Adv. Mahadik for Defendant nos.2 and 3 present.
    Suit is proceeded without written statement against defendant no.1 while defendant no.2 and 3 in their written statement have admitted the claim of plaintiff. Therefore, there is no need to frame issues and matter is adjourned for recording evidence.
    Adj for R/E to 14.08.2019.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 14-08-2019
    
    Date: 14-08-2019
    Business: Plaintiff is present.
    Adv. Ankush Bhatugade for Plaintiff present.
    Deft no.2 present. Adv absent.
    Ex.7 Affidavit of evidence filed by Adv for Plaintiff t.o.r.
    Copy given to defendant no.2.
    Ex.8 Compilation of documents alongwith documents filed by Adv for Plaintiff t.o.r.
    Copy given to defendant no.2.
    Adj for marking documents exhibit to 01.10.2019.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 01-10-2019
    
    Date: 01-10-2019
    Business: Adv. Harish Pawar for Plaintiff present.
    Adv. Mahadik for defendant no 2 and 3 present.
    None present on behalf of defendant no 1.
    Pw-1 Anita Jogi present.
    Heard adv. Pawar for plaintiff. After considering the examination in chief of PW-1 Anita
    Following documents are marked exhibit.
    Ex 9 Death certificate of Lila Jogi.
    Ex 10 Death certificate of Aithappa Jogi.
    Ex 11 Share certificate dated 19.06.1964.
    Ex 12 Declaration dated 26.10.2002 by Aithappa Jogi.
    Ex 13 Notices dated 27.11.2012, 1.02.2013 collectively marked.
    Ex 14 Postal money receipts along with acknowledgment collectively marked.
    Ex 15 MOU dated 10.08.2016.
    Ex 16 Reply notice dated 8.08.207 along with postal money receipts and acknowledgment are collectively marked.
    Plaintiff is directed to prove rest of document by following due process of law.
    Adjd. to 15.11.2019 for cross-examination.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 15-11-2019
    
    Date: 15-11-2019
    Business: Adv. Harish Pawar for Plaintiff present.
    Adv. Mahadik for defendant nos.2 and 3 present.
    K.B.
    L.O at 12.26 p.m.
    Defendant no. 1 absent.
    None present on behalf of defendant no. 1. Today matter is for cross-examination of PW-1-Anita. Therefore, matter is to proceed against defendant no. 1 without cross-examination on his behalf.
    Adjourned for recording evidence of witness to 17.12.2019.
    L.O. at 1.30 p.m.
    Advocate Harish Pawar for plaintiff present and filed application for witness summons. T.O.R.
    Issue witness summons on payment of necessary charges.
    Matter is already adjourned to 17.12.2019.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 17-12-2019
    
    Date: 17-12-2019
    Business: Adv. Harish Pawar for plaintiff present.
    Defendant no 2 and 3 present.
    Witness Secretory of Pravin Pathak present.
    KB
    LO
    Wife of defendant no 1 present.
    She filed adjournment application.
    Other side to say.
    Say filed by advocate for plaintiff.
    Order-
    Perused application and say.
    Application is not supported by medical certificate of defendant no 1.  Further, I do not find just cause to grant adjournment. Hence, application stands rejected.
    Exh.17 Examination in chief of PW1 by Adv. Harish Pawar for plaintiff is recorded and concluded.
    Exh.18  Nomination form.
    Exh.19  Maintenance bill .
    Exh.20  receipts dated 18.07.2017.
    Exh.21  Evidence closer pursis filed by adv. for plaintiff.
    As defendant no 1 is absent, hence no cross.
    Cross examination by adv. Upendra Mahadik for defendant No 2 and 3 is Declined
    Adjourned for defendant evidence to 20.01.2020
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 20-01-2020
    
    Date: 20-01-2020
    Business: Adv. Ankush Bhatugade for plaintiff present.
    Adv. Meena Kharat for defendant No. 1 present.
    Adv. Mahadik for defendant No. 2 and 3 present.
    Adv. for defendant No. 2 and 3 submitted that they do not want to adduce evidence.  so their side is closed. Suit is already proceeded without W/S against defendant No 1 so question of  adducing evidence by defendant No. 1 does not arise.
    Therefore, matter is proceeded further and posted for final argument to 3.02.2020
    Next Purpose: ARGUMENTS
    Next Hearing Date: 03-02-2020
    
    Date: 03-02-2020
    Business: As court is on leave, Hence board adjd.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 26-02-2020
    
    Date: 26-02-2020
    Business: Adv Mohit Jadhav for plff present.
    Adv Meena Kharani for deft no. 1 present.
    Adv Jignesha Choudhari for deft no. 2 and 3 present.
    Matter stands Adj for arguments to 11/03/2020.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 11-03-2020
    
    Date: 11-03-2020
    Business: HHJ is on leave today.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 01-04-2020
    
    Date: 01-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: ARGUMENTS
    Next Hearing Date: 16-04-2020
    
    Date: 16-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: ARGUMENTS
    Next Hearing Date: 05-05-2020
    
    Date: 05-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: ARGUMENTS
    Next Hearing Date: 27-05-2020
    
    Date: 27-05-2020
    Business: National Lockdown
    Next Purpose: ARGUMENTS
    Next Hearing Date: 12-06-2020
    
    Date: 12-06-2020
    Next Purpose: ARGUMENTS
    Next Hearing Date: 18-07-2020
    
    Date: 18-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: ARGUMENTS
    Next Hearing Date: 06-08-2020
    
    Date: 06-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: ARGUMENTS
    Next Hearing Date: 29-09-2020
    
    Date: 29-09-2020
    Business: None present.
    Matter stands Adj for Arguments to 21/10/2020.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 21-10-2020
    
    Date: 21-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: ARGUMENTS
    Next Hearing Date: 05-12-2020
    
    Date: 05-12-2020
    Business: Adv Harish Pawar for plff present.
    Adv Meera Kharat for deft no. 1 present.
    Adv Upendra Mahadik for deft no. 2 and 3 present.
    Adv for deft no. 1 tendered draft NM.  Leave granted to register NM.  Copy be served to other side.
    Matter stands Adj for Arguments to 11/01/2021.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 11-01-2021
    
    Date: 11-01-2021
    Business: Adv Harish Pawar for plff present.
    Adv Leena Kharat for deft no. 1 present.
    Adv Upendra Mahadik for deft no. 2 and 3 present.
    Deft no. 1 not served NM on plff.
    Matter stands Adj for NM Service to 29/01/2021.
    Next Purpose: SERVICE
    Next Hearing Date: 29-01-2021
    
    Date: 29-01-2021
    Business: Adv. Harish R. Pawar for plff present.
    Adv. Meena Kharat for deft no. 1 present.
    She tendered registered Notice of Motion 101/2021.
    Copy given to other side.
    Adjd. to 22.02.2021 for NM Reply
    Next Purpose: REPLY
    Next Hearing Date: 22-02-2021
    
    Date: 22-02-2021
    Business: Adv Pawan Tiwari for plff present.
    He tendered reply to NM 101/2021. t.o.r.
    Copy served to Adv for deft no. 1.
    Adv Meena Kharat for deft no. 1 present.
    Adv Upendra Mahadik for deft no. 2 and 3 present.
    He submitted that he is supporting to the plff and do not want to file reply to NM 101/2021.
    Adv for plff seeks time for NM Hearing.  Granted.
    Matter stands Adj for NM Hearing to 15/03/2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-03-2021
    
    Date: 15-03-2021
    Business: Adv Harish Pawar for plff present.
    Adv Priyanka Kanojia for deft no. 1 present.
    Adv Mahadik for deft no. 2 and 3 present.
    PO is busy in dictating Judgement in SU 3371/2011.
    Hence, matter stands Adj for NM Hearing to 19/04/2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-04-2021
    
    Date: 19-04-2021
    Business: Due to covid matter adjourned.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-07-2021
    
    Date: 02-07-2021
    Business: Due to Covid-19 matter adjourned.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-08-2021
    
    Date: 17-08-2021
    Business: Adv Redekar for plff present.
    Adv Sachin Kanojia for deft no. 1 present.
    He seeks short date for NM Hearing.  Granted.
    Adv Ashwini Jadhav for deft no. 2 and 3 present.
    Matter stands Adj for NM Hearing to 24/08/2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-08-2021
    
    Date: 24-08-2021
    Business: Adv Harish Pawar for plff present.
    None for deft no. 1.
    Adv Mahadik for deft no. 2 and 3 present.
    Matter stands Adj for NM Hearing, in default of dismissal of NM to 21/09/2021
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 21-09-2021
    
    Date: 21-09-2021
    Business: Adv Harish Pawar for plff present.
    None present for deft no. 1.
    Adv Mahadik for deft no. 2 and 3 present.
    Heard Adv for plff and deft no. 2 and 3 on NM.
    F. R. S. R. following order is passed -
    ORDER
    1. Notice of motion no.101/2021 is allowed and made absolute in terms of prayer clause (a) and (b) subject to costs of Rs. 5,000/- to be paid by defendant no.1 to the plaintiff before next date.
    2. After payment of costs, written statement of defendant no. 1 be taken on record and mark as exhibit.
    3. Notice of motion no. 101/2021 is disposed of accordingly.
    Matter stands Adj for Compliance to 26/10/2021.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 26-10-2021
    
    Date: 26-10-2021
    Business: Adv. Tapal for plaintiff present.
    Defendant no.1 has not paid cost of Rs.5,000/- to the plaintiff as per order dated 21.09.2018.
    Hence  last chance is granted to the defendant no.1 for compliance.
    Adjd for compliance on 15.12.2021.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 15-12-2021
    
    Date: 15-12-2021
    Business: Adv Harish Pawar for plff present.
    Deft no. 1 present.
    He paid cost of Rs. 5,000/- to Adv for plff.
    He seeks time to file written statement by engaging new Advocate.  Granted as last chance.
    Adv Redekar for deft no. 2 and 3 present.
    Matter stands Adj for Written Statement to 02/02/2022.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 02-02-2022
    
    Date: 02-02-2022
    Business: P.O. is on leave.  Matter is adjd to
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 09-03-2022
    
    Date: 09-03-2022
    Business: Adv Pawan Tiwari for plff present.
    Deft no. 1 in person present.
    Adv Mahadik for deft no. 2 and 3 present.
    Deft no. 1 filed application for appointing Adv from Legal Aid. t.o.r.  Application is allowed.
    O-  Registrar (Civil) is directed to take appropriate steps for providing Legal Aid Adv to deft no. 1 on priority basis.
    Matter stands Adj for Compliance to 12/04/2022.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 12-04-2022
    
    Date: 12-04-2022
    Business: Adv Harish Pawar for plff present.
    None for defts.
    Sheristedar is directed to comply order dated 09/03/2022.
    Matter stands Adj for Compliance to 05/05/2022.
    LO 3.40 pm
    Exh 32 - Adv Kunal Nagvekar (SA) appeared for defts and filed VP as per letter dated 06/04/2022 of DLSA.
    Deft filed adjournment application for filing written statement of defts.  Granted subject to law of limitation.
    Matter stands Adj for Written Statement to 05/05/2022.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 05-05-2022
    
    Date: 05-05-2022
    Business: Adv Nikhil Tapal for plff present.
    Adv Kunal Nagvekar (SA) for deft no. 1 present.
    Exh. 23 - He filed written statement of deft no. 1. t.o.r.  Copy given to Adv for plff.
    P. O. is busy in dictating order on bunch of Adoption petitions.
    Hence matter stands Adj for Affidavit of Service of other defts to 19/08/2022.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 19-08-2022
    
    Date: 19-08-2022
    Business: Adv. Harish Pawar for plaintiff present.
    None for defendant present.
    Parties are directed to give CTS number of suit property.
    Matter is adjd for draft issue to 19/11/2022.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 19-11-2022
    
    Date: 19-11-2022
    Business: Adv. Pawan Tiwari for plaintiff present.
    He tendered draft issue. TOR.
    Adv. Dayanad  Kirtane for defendant no. 1 and 2 present.
    He seek time to file draft issue. Time granted.
    Parties are directed to give CTS number of suit property.
    Matter is adjd for draft issue to 09/02/2023.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 09-02-2023
    
    Date: 09-02-2023
    Business: Adv. Harish Pawar for plaintiff present.
    Adv. Ashwini Jadhav for defendant No.2 and 3 present.
    None for defendent No.1.
    Draft issues not filed by defendant No.1.
    Matter adjourned for framing issues to 27.04.2023.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 27-04-2023
    
    Date: 27-04-2023
    Business: Adv.  S. S. Redekar h/f Harish Pawar for plaintiff present.
    None  for defendant present.
    Adv. Mhadik for defendant no. 2 and 3 present.
    Issues Framed Exh.24
    Matter adjourned for R/E to 21/08/2023.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 21-08-2023
    
    Date: 21-08-2023
    Business: Advocate Mr. Harish Pawar for plaintiff present and seeks time to file evidence. O- Granted.
    Defendant and advocate absent.
    Matter adjourned for R.E. on 18.10.2023.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 18-10-2023
    
    Date: 18-10-2023
    Business: P. O. is on leave.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 09-11-2023
    
    Date: 09-11-2023
    Business: Advocate Mr. Shivam Gawade h.f Advocate Harish Pawar for plaintiff present.
    Defendant and advocate absent.
    Kept back
    Later on at 11.30 A.M.
    Advocate Ms. Charushila Gorad h.f. Advocate Harish Pawar for plaintiff present and filed additional affidavit of examination of chief PW-1 Anita Anand Jogi. Taken on  record and marked as Exhibit-7A.
    Matter adjourned for Recording Evidence on 10.01.2024.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 10-01-2024
    
    Date: 10-01-2024
    Business: Plaintiff present.
    Advocate Mr. Harish Pawar for plaintiff present.
    Defendant no. 2 present.
    Defendant no. 1 and 3 and their advocate absent.
    O- Last chance granted to defendant no. 1 and 3.
    Matter adjourned for Recording Evidence on 01.02.2024.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 01-02-2024
    
    Date: 01-02-2024
    Business: Advocate Mr. Harish Pawar for plaintiff present.
    Advocate Mr. Mahadik for defendant no. 2 and 3 present.
    Advocate Mr. Kunal Nagvekar (SA) for defendant no. 1 present and seeks time. O- Granted.
    Matter adjourned for Recording Evidence on 20.03.2024.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 20-03-2024
    
    Date: 20-03-2024
    Business: PO is on leave, hence matter is adjourned.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 18-06-2024
    
    Date: 18-06-2024
    Business: Advocate Harish Pawar for Plaintiff present.
    Advocate Yash Pathade for defendant no. 2 and 3 present.
    Defendant no. 1 and advocate absent.
    PW- 1 absent.
    Matter is adjourned for Recording Evidence on 24.07.2024.
    Later on at 1.40 P.M.
    Defendant no. 1 present and he filed appointment of advocate Sachin Chindarkar from Legal aid.
    Matter is adjourned for Recording Evidence on 24.07.2024.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 24-07-2024
    
    Date: 24-07-2024
    Business: Plaintiff present.
    Advocate Harish Pawar for plaintiff present.
    Advocate Mr. Mahadik for defendant no. 2 and 3 present.
    The defendant no. 1 and his advocate are absent. The roznama shows that the suit is pending for cross examination of defendant no. 1 since 21.08.2023. However the defendant has failed to conduct the cross. At the ends of justice last chance is given to defendant no. 1. He is directed to conduct the cross of plaintiff on next date without fail.
    Matter is adjourned for Recording Evidence on 23.08.2024.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 23-08-2024
    
    Date: 23-08-2024
    Business: Advocate Harish Pawar for plaintiff present.
    Advocate Yash Krishna Patade for defendant no. 2 and 3 present.
    In view of order passed dated 24.07.2024 no cross order passed against the defendant no. 1. The defendant no. 2 and 3 declined to conduct the cross of plaintiff as they are supporting to the plaintiff.
    The plaintiff submitted evidence closure pursis. Taken on record and marked as Exhibit-25.
    Matter is adjourned for (Evidence of defendant no. 1) Recording Evidence P.H. on 24.09.2024.
    Next Purpose: RECORDING EVIDENCE P.H.
    Next Hearing Date: 24-09-2024
    
    Date: 24-09-2024
    Business: P.O. is on Leave.
    Next Purpose: RECORDING EVIDENCE P.H.
    Next Hearing Date: 16-10-2024
    
    Date: 16-10-2024
    Business: PO is on leave.
    Next Purpose: RECORDING EVIDENCE P.H.
    Next Hearing Date: 12-11-2024
    
    Date: 12-11-2024
    Business: Advocate Harish Pawar for plaintiff present.
    Advocate Upendra Mahadhik for defendant no 2 and 3 present.
    The record shows that the matter is pending for the evidence of defendant since 23.08.2024. However the defendant no. 1 has not lead any evidence. For the ends of justice last chance is granted to defendant to lead his evidence otherwise his evidence will be closed.
    Matter is adjourned for Recording Evidence P.H. on 13.12.2024.
    Next Purpose: RECORDING EVIDENCE P.H.
    Next Hearing Date: 13-12-2024
    
    Date: 13-12-2024
    Business: PO is on leave, hence adjourned.
    Next Purpose: RECORDING EVIDENCE P.H.
    Next Hearing Date: 07-01-2025
    
    Date: 07-01-2025
    Business: Advocate Harish Pawar for plaintiff present.
    Advocate Dayanand Kirtane h.f. Upendra Mahadik for defendant no. 2 and 3 present.
    Defendant no. 1 and advocate absent.
    In view of order passed on 12.11.2024 the evidence of defendant no. 1 is closed and matter is adjourned for evidence of defendant no. 2 and 3. The defendant no. 2 and 3 have submitted the pursis that they do not want to lead any evidence. Taken on record and marked as Exhibit- 26. O- Seen and filed.
    Hence matter is adjourned for final argument.
    Matter is adjourned for final argument on 28.01.2025.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 28-01-2025
    
    Date: 28-01-2025
    Business: PO is on leave, hence adjourned.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 12-02-2025
    
    Date: 12-02-2025
    Business: Defendant no. 1 present and submitted that he has maintained the parents. 50 percent share in suit property be given to him.
    Advocate Harish Pawar for plaintiff present.
    Advocate Mr. Redekar for defendant no. 2 and 3 present.
    Later on at 3.45 P.M..
    Advocate Harish Pawar for plaintiff present.
    Advocate Upendra Mahadik for defendant no. 2 and 3 present.
    Heard argument of both the advocates.
    Matter is adjourned for Judgment on 17.02.2025.
    Next Purpose: JUDGMENT
    Next Hearing Date: 17-02-2025
    
    Date: 17-02-2025
    Business: Advocate Rudra J. Kanekar i/b Harish Pawar for plaintiff present.
    Exhibit-27 Judgment is dictated and pronounced in open Court.
    FRSR following order is passed-
    O R D E R
    1.  Suit no. 1708 of 2018 is decreed with costs.
    2.  It is hereby declared that the plaintiff and defendants are entitled for equal 1/4th shares each in suit property.
    3.  The preliminary decree be drawn accordingly.
    Nature Of Disposal: DECREED
    Disposal Date: 17-02-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 108382/2018
    Filing Date: 27-06-2018
    First Hearing Date: 23rd July 2018
    Decision Date: 17th February 2025
    Court Number And Judge: 2-COURT 02 ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    17 Feb 2025

    Order Details: Copy of Judgment Pdf Text: Judgment ..1.. S.C. Suit No.1708 of 2018 MHCC010076532018 Presented on : 27-06-2018 Registered on : 12-07-2018 Decided on : 17-02-2025 Duration : 6 Yr, 7 M, 20 D. IN THE CITY CIVIL COURT FOR GREATER MUMBAI SUIT NO. 1708 of 2018. Mrs. Anita Anand Jogi. Aged 46 years, Occu.: Housewife, Indian Inhabitant of Mumbai, Residing at 42/2, Sindhi Society, Chembur, Mumbai – 400 071. …Plaintiff. Versus 1. Mr. Anil Aithappa Jogi. Aged 43…

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    Order 1Full order available
    17 Feb 2025

    Order Details: Copy of Judgment Pdf Text: Judgment ..1.. S.C. Suit No.1708 of 2018 MHCC010076532018 Presented on : 27-06-2018 Registered on : 12-07-2018 Decided on : 17-02-2025 Duration : 6 Yr, 7 M, 20 D. IN THE CITY CIVIL COURT FOR GREATER MUMBAI SUIT NO. 1708 of 2018. Mrs. Anita Anand Jogi. Aged 46 years, Occu.: Housewife, Indian Inhabitant of Mumbai, Residing at 42/2, Sindhi Society, Chembur, Mumbai – 400 071. …Plaintiff. Versus 1. Mr. Anil Aithappa Jogi. Aged 43…

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