SUIT - SHORT CAUSE CIVIL SUIT
Sarita Raju AjwaniVsThe Executive Engineer (G/North) Ward +9 more
CNR MHCC0100850020198-COURT 08 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
PENDING
TrustJury record updated 22 Sept 2026
Case Overview
- Registration Number
- 102781/2019
- Registration Date
- 05 Oct 2019
- Next Hearing Date
- 21 Oct 2026
- Case Stage
- ADMISSION DENIAL
Advocates
1For Petitioner
For Respondent
Not available
Parties
11Petitioner
Respondent
- 1The Executive Engineer (G/North) Ward
- 2Anima Gopaldas Mehta
- 3Lalata Gangaramani
- 4Geeta Bhagani
- 5Rajni Sapru
- 6Rajkumar Dawra
- 7Ram Dawra
- 8Bhagwandas Dawra since deceased A. Renu Pantavidya b. Karishma Gehi
- 9Kishan Dawra since deceased through his legal heirs a. Gautam Dawra b. Sakshi Kanar
- 10Shankar Dawra through legal heirs a. Suni Karnani. b. Radha Menghani c. Vijay Dawara, d. Manoj Dawra
Acts & Sections
1Hindu Marriage Act · Sec 34 · 37
Case History / Proceedings
Case History
Date: 04-11-2019
Business: The Court is on Leave
Next Purpose: DIRECTIONS
Next Hearing Date: 17-02-2020
Date: 17-02-2020
Business: Adv. Snehal Gamabre for plaintiff is present. She seeks extension for service of writ of summons.
Adv. Prabhu for defendant no. 1 is present.
Matter is NT. Sheristedar is directed to search the file.
Matter is adjd.for proof of service to 17/04/2020 .
Next Purpose: SERVICE
Next Hearing Date: 17-04-2020
Date: 17-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 06-05-2020
Date: 06-05-2020
Next Purpose: SERVICE
Next Hearing Date: 28-05-2020
Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 15-06-2020
Date: 15-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 10-11-2020
Date: 10-11-2020
Business: Due to lockdown because of Covid-19, board is discharged and as per SOP only urgent matters are taken up.
Next Purpose: SERVICE
Next Hearing Date: 26-02-2021
Date: 26-02-2021
Business: Adv.Sawant for planitiff.
None for defendant.
Matter is adjd. to 30.04.2021 for filling service affidavit.
Next Purpose: SERVICE
Next Hearing Date: 30-04-2021
Date: 30-04-2021
Business: due to covid-19
Next Purpose: SERVICE
Next Hearing Date: 15-07-2021
Date: 15-07-2021
Business: Due to COVID-19
Next Purpose: SERVICE
Next Hearing Date: 08-09-2021
Date: 08-09-2021
Business: Court is on leave.
Next Purpose: SERVICE
Next Hearing Date: 22-11-2021
Date: 22-11-2021
Business: Court is on Leave.
Next Purpose: SERVICE
Next Hearing Date: 20-01-2022
Date: 20-01-2022
Business: Due to SOP only urgent matters are taken up.
Matter is adjd. to 23.03.2022 for Service.
Next Purpose: SERVICE
Next Hearing Date: 23-03-2022
Date: 23-03-2022
Business: PO is on leave
Next Purpose: SERVICE
Next Hearing Date: 18-06-2022
Date: 18-06-2022
Business: Adv.Snehal Gambhir for plaintiff present and filed service affidavit of defendant nos. 3,7,8(a),8(b),10(a),10(b) and 10(c) seeking time filing service affidavit of remaining defendants.
Adv.Ishita Kamat for defendant no. 2 present.
Matter is adjd. to 18-08-2022 for service affidavit.
Next Purpose: SERVICE
Next Hearing Date: 18-08-2022
Date: 18-08-2022
Business: As court is busy in hearing notice of motion bearing no. 2661/2021 in Suit No 1513/2022 hence discharged.
Matter is adjd. to 10.10.2022 for Service.
Next Purpose: SERVICE
Next Hearing Date: 10-10-2022
Date: 10-10-2022
Business: Adv. Kalpana Trivedi for plaintiff present and filed VP. TOR. Exh.5
None present for defendant
Matter is adjd. to 03.12.2022 for service.
Next Purpose: SERVICE
Next Hearing Date: 03-12-2022
Date: 03-12-2022
Business: None present for plaintiff
Adv. Pradnya Bhosale h/f Adv. Sachin Mhatre for defendant No. 2 present.
Last chance granted to plaintiff for filing service affidavit.
Matter is adjd. to 27.01.2023 for Affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-01-2023
Date: 27-01-2023
Business: Adv. Mayuri mangeshkar hf adv. Kalpana trivedi present for plaintiff and sought extension of time for service of writ of summons to defendant no. 01 and 02 to 09.
O- Time to serve the writ of summons to defendant no. 01 and 02 to 09 is extended till next date.
Adv. Archana Kupatwar hf adv. Sachin mhatre present for defendant no. 02.
Defendant no. 02 in person present.
None present for other defendants.
Matter adjourned for proof of service to the defendants to
22-02-23.
Next Purpose: SERVICE
Next Hearing Date: 22-02-2023
Date: 22-02-2023
Business: None present for plaintiff.
Adv. Archana kupatwar hf adv. Sachim mhatre present for defendant no. 02.
Defendant no. 02 in person present.
None present for other defendant no. 01.
As plaintiff and his adv. are absent, Matter adjourned for service of writ of summons/proof of service of writ of summons to defendant no. 01 and 03 to 09 to 10/04/23.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 10-04-2023
Date: 10-04-2023
Business: Adv. Alka Trivedi present for plaintiff and tendered affidavit of service to defendants. t.o.r..
None present for defendants.
Matter adjourned for WS/order to 13-06-23.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 13-06-2023
Date: 13-06-2023
Business: Adv. Khushi Awasthi present for present.
Defendant in person present.
Adv. Archana h/f. Adv. Sachin Mhatre present for defendant No.2.
Matter adjourned for W.S./Order to 10.07.2023.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 10-07-2023
Date: 10-07-2023
Business: As court is on leave. Board is discharge.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 07-08-2023
Date: 07-08-2023
Business: None present for plaintiff.
Adv. Mhatre present for defendant No.2.
Defendant Nos.2 to 10(d) were served on 13.12.2019 and Adv. Prabhu appeared on behalf of defendant No.1. They have not filed their written statements till today. Suit shall proceed without written statement of these defendants.
Matter adjourned for Recording Evidence to 09.10.2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-10-2023
Date: 09-10-2023
Business: Adv. Mahavir Mandot present for plaintiff.
Adv. Sharmili Mhatre present for defendant No.2 and tendered draft notice of motion alongwith affidavit in support. O-Leave granted.
Defendant No.2 in-person present.
Matter adjourned for NM Service/Recording Evidence to 28.11.2023.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-11-2023
Date: 28-11-2023
Business: None present for plaintiff.
Adv. Sharmili Mhatre present for defendant No.2 and tendered registered Notice of motion No.4054/2023. Taken on record.
Matter adjourned for NM Service/Recording Evidence to 24.01.2024.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-01-2024
Date: 24-01-2024
Business: Coram: H.H.J. Shri. V. G. Raghuwanshi, City Civil Court, Mumbai.(C.R.08)
Adv. Yashika Jain present for plaintiff.
Adv. Sharvi Mhatre present for defendant no. 2 and tender affidavit of service in respoect of motion no. 4054/2023.
Matter adjourned for NM reply on 02-03-2024
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-03-2024
Date: 02-03-2024
Business: Plaintiff in-person present.
Adv. Kalpana Trivedi present for plaintiff and tendered reply to notice of motion no.4054/2023. Taken on record. Copy served on defendant No.2.
Adv. Sharmili Mhatre Mhatre present for defendant no. 2.
Order on Notice of Motion No.4054/2023
Defendant No.2 took out this notice of motion for condoning delay of 587 days in filing written statement. It is contention of the defendant no.2 that she was not properly served with writ of summons. But plaintiff has issued a letter dated 13.12.2019 to her. It was served on defendant no.2 on 13.12.2019. After receipt of said letter she appointed an advocate to appear and contest her matter. Her advocate filed vakalatnama in the matter. No written statement order was passed against her on 07.08.2023. She submits that written statement should have been filed on or before 12.01.2020. Honble Apex Court in suo-moto writ petition (Civil) No.(S) 3 of 2020 issued directions in the wake of onset of Covid pandemic and period from 15.03.2020 to 28.02.2022 was excluded from period of limitation. She further submits that there were travelling restriction during Covid-19 pandemic. She had financial difficulties as her business was completed stalled due to Covid-19 pandemic. She is a widow having responsibilities of entire family. Due to financial crunch also she was unable this application for condoning delay.
Plaintiff filed her affidavit in reply and resisted this notice of motion on ground that during aforesaid period defendant no.2 was contesting and persuing another suit filed by her in respect of subject matter of this suit.
I have heard learned counsels of both sides. The suit pertains to immovable property. It is a settled law that litigation pertaining to immovable property should be decided on merit. Both parties should be given fair opportunity to contest the litigation. Sometimes poverty and financial crunch prevents a person from contesting her litigation. Moreover judicial note of circumstances prevailing due to Covid-19 pandemic can be taken by court. Plaintiff can be compensated by awarding suitable cost. There are cross suits regarding the same property. Having regards to this fact. I think discretion can be and should be exercised in favour of defendant no.2. Plaintiff can be compensated by awarding cost. With this I pass following order
ORDER
1. Notice of Motion No.4054 of 2023 is allowed subject to cost of Rs.5,000/- (Five Thousand Rupees only).
2. Delay in filing written statement of defendant no.2 is condoned on payment of aforesaid cost.
3. Notice of Motion No.4054 of 2023 stands disposed off.
Matter adjourned for Compliance to 08.04.2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 08-04-2024
Date: 08-04-2024
Business: As court is on leave. Board is discharged. Matter is adjourned.
Next Purpose: COMPLIANCE
Next Hearing Date: 08-07-2024
Date: 08-07-2024
Business: Adv. Yashika Jaini present for plaintiff.
Defendant No.2 in-person present.
Record and proceeding shows that cost is paid by defendant No.2 to plaintiff as per order dated 02.03.2024 in Notice of Motion No.4054 of 2023.
Adv. Sharmili Mhatre Mhatre present for defendant no. 2. She tendered written statement. Taken on record and marked as Exh.6. O-R and R.
Matter adjourned for Issues to 26.08.2024.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 26-08-2024
Date: 26-08-2024
Business: Adv. Yashika Jain present for plaintiff.
Defendant No.2 in-person present.
Adv. Sharmili Mhatre Mhatre present for defendant No. 2.
Matter adjourned for issues to 03.09.2024.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 03-09-2024
Date: 03-09-2024
Business: Both parties and their counsels are absent.
Exh.7 - Issues are framed.
Matter adjourned for Recording Evidence to 10.10.2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-10-2024
Date: 10-10-2024
Business: Adv. Meet Joshi present for Plaintiff. On oral request matter adjourned.
Adv. Sharmili Mhatre present for defendant No. 2.
Matter adjourned for Recording Evidence to 10.12.2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-12-2024
Date: 10-12-2024
Business: Adv. Meet Joshi h/f. Adv. Kalpana Trivedi present for Plaintiff. He prays for an adjournment.
Defendant No.2 present.
On oral request of advocate for plaintiff, Matter adjourned for Recording Evidence to 18.02.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-02-2025
Date: 18-02-2025
Business: None present for Plaintiff.
Adv. Sharmili Mhatre for defendant No.2 present.
Court is busy dictating order on NM No.1126/2016 (High Court time bound) and hearing final argument in suit no.268/2011, matter adjourned for Recording Evidence to 16.04.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-04-2025
Date: 16-04-2025
Business: As P.O. is on leave. Board is discharged. Matter is adjourned.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-07-2025
Date: 03-07-2025
Business: None present for Plaintiff.
Adv. Sharmili Mhatre for defendant No.2 present.
Last chance granted to plaintiff.
Matter adjourned for Recording Evidence of plaintiff to 26.09.2025.
Judge
Later on at 12.04 p.m.
Adv. Kalpana Trivedi for plaintiff present.
Matter is already adjourned for Recording Evidence of plaintiff to 26.09.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 26-09-2025
Date: 26-09-2025
Business: Adv. Nidhi Shah i/b. Adv. Kalpana Trivedi for plaintiff present.
Adv. Sharmili Mhatre for defendant No.1 present.
Keep back.
Later on at 12.08 p.m.
Adv. Nidhi Shah i/b. Adv. Kalpana Trivedi for plaintiff present and filed evidence affidavit. . Plaintiff Smt. Sarita Raju Ajwani (PW-1) present. She admits the contents in her affidavit of evidence and her signatures thereon. Affidavit of evidence is taken on record and marked as Exh.8. O-Read and recorded.
Ld. Adv. for plaintiff seek time to file documents on next date. Matter adjourned for Recording Evidence of plaintiff to 15.11.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-11-2025
Date: 15-11-2025
Business: Adv. Yashika Jain for plaintiff present and seek time. Time granted.
None present for defendants.
Matter adjourned for Recording Evidence of plaintiff to 15.01.2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-01-2026
Date: 15-01-2026
Business: In view of office order No.14/2026 dated 12.01.2026, on account of Polling Day for General Election of Municipal Corporation in Mumbai Metropolitan region on 15.01.2026 is declared as holiday. Hence, matter is adjourned to 09.04.2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-04-2026
Date: 09-04-2026
Business: None present for plaintiff.
Adv. Sanjeev Mishra h/f. Adv.Amaye Kulkarni for defendant/MHADA present.
Order below Exh.1
Neither plaintiff nor advocate for plaintiff present. Matter is pending for recording evidence of plaintiff since long. Hence, keep in dismissal order caption.
Matter adjourned for dismissal order to 18.04.2026.
Next Purpose: DISMISSAL
Next Hearing Date: 18-04-2026
Date: 18-04-2026
Business: Adv. Rasika Jain present for plaintiff.
Adv. Sharmili Mhatre present for defendant no.2.
Adv. Samruddhi Tiwatni h/f Adv. Ameya Kulkarni present for defendant/MHADA.
Kb LO at 1.53pm
Plaintiff present.
Advocate for plaintiff filed application for removal of Suit from dismissal caption. TOR and marked as Exh.9. O-Allowed in the interest of justice. She also filed list of documents. TOR and marked as Exh.10. O-Otherside to say.
Matter adjourned for filing say/Admission or denial to 18.07.2026.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 18-07-2026
Date: 18-07-2026
Business: None present for plaintiff.
Adv. Sharmili Mhatre for defendant No.2 present.
Adv. Samruddhi Tiwatne h/f. Adv. Ameya Kulkarni for defendant /MHADA present.
Matter adjourned for filing say/Admission or denial to 29.08.2026.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 29-08-2026
Date: 29-08-2026
Business: Coram H.H.J. Shri. A. B. HODAWADEKAR, City Civil Court, Mumbai.(C.R.08)
Adv. Kalpana Trivedi for plaintiff present.
Adv. Sharmili Mhatre for defendant No.2 present.
Defendant No.2 present.
Plaintiff is directed to provide copies of list of documents to defendant.
Matter adjourned for filing say/Admission or denial to 21.10.2026.
Judge
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 21-10-2026Additional Case Details
Additional Case Details
Filing Number: 109016/2019 Filing Date: 14-08-2019 First Hearing Date: 04th November 2019 Court Number And Judge: 8-COURT 08 ADDL SESSIONS JUDGE
Orders
2Interim Order 103 Sept 2024
03 Sept 2024
Order Details: Other Pdf Text: IN THE BOMBAY CITY CIVIL COURT BOMBAY S.C. SUIT NO.2781 OF 2019 SARITA RAJU AJWANI …] Plaintiff. Versus THE EXECUTIVE ENGINEER OFFICER, (G/NORTH WARD) MHADA & 9 ORS. …] Defendants Exh.7 I S S U E S 1) Whether defendant No.2 proves that she is adopted child of deceased Gopaldas and Smt. Sangita ? 2) Whether defendant No.2 proves that Sangita executed agreement of sale and indemnity bond in his favour ? 3) Whether this Court has Jurisidiction to try this suit ? 4) Whether this suit is filed within limitation ? 5) Whether defendant has right, title or interest in suit property ? 6) Whether plaintiff is entitled to relief claimed ? 5) What order ? Date: 03.09.2024. (V.G. Raghuwanshi) Judge, C.R. No.8 City Civil Court -- 1 of 1 --
Order 103 Sept 2024
03 Sept 2024
Order Details: Other Pdf Text: IN THE BOMBAY CITY CIVIL COURT BOMBAY S.C. SUIT NO.2781 OF 2019 SARITA RAJU AJWANI …] Plaintiff. Versus THE EXECUTIVE ENGINEER OFFICER, (G/NORTH WARD) MHADA & 9 ORS. …] Defendants Exh.7 I S S U E S 1) Whether defendant No.2 proves that she is adopted child of deceased Gopaldas and Smt. Sangita ? 2) Whether defendant No.2 proves that Sangita executed agreement of sale and indemnity bond in his favour ? 3) Whether this Court has Jurisidiction to try this suit ? 4) Whether this suit is filed within limitation ? 5) Whether defendant has right, title or interest in suit property ? 6) Whether plaintiff is entitled to relief claimed ? 5) What order ? Date: 03.09.2024. (V.G. Raghuwanshi) Judge, C.R. No.8 City Civil Court -- 1 of 1 --
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