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SUIT - SHORT CAUSE CIVIL SUIT

Harendra Maganlal VoraVsThe State of Maharashtra +2 more

CNR MHCC0100851320199-COURT 09 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DECREED
Decision Date: 28th July 2023

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
102381/2019
Registration Date
23 Aug 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    4

    Acts & Sections

    1

    Case History / Proceedings

    Case History
    Date: 13-09-2019
    Business: Court is on leave matter adjd to 23.10.2019
    Next Purpose: DIRECTIONS
    Next Hearing Date: 23-10-2019
    
    Date: 23-10-2019
    Business: The court is on leave
    Next Purpose: DIRECTIONS
    Next Hearing Date: 09-12-2019
    
    Date: 09-12-2019
    Business: None  for Plaintiff .
    Adv.Kathib for defendant no. 1,2,3  is present.
    Adv. Chandramore for defendant no. 4 is present.
    Matter is adjourned for directions  to 07/03/2020.
    LO 12.30 PM
    Adv. Anil Bagve for plaintiff. He filed affidavit of service. tor.
    Matter is adjourned for directions  to 07/03/2020.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 07-03-2020
    
    Date: 07-03-2020
    Business: None present  for the Plaintiff.
    Adv. Priyanka Gaonkar h/f Khatib for Defendant No. 1 to 3/ State present.
    Adv. Ms. Chandramore for BMC/Defendant no. 4  present.
    Affidavit of service is filed on the last date.
    Matter is adjd. to 8.04.2020 for written statement.
    LO at 12.00p.m.
    Adv. Anil Bagve for the Plaintiff present.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 08-04-2020
    
    Date: 08-04-2020
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 20-04-2020
    
    Date: 20-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 11-05-2020
    
    Date: 11-05-2020
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 30-05-2020
    
    Date: 30-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 17-06-2020
    
    Date: 17-06-2020
    Business: Lockdown
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 29-09-2020
    
    Date: 29-09-2020
    Business: Due to lockdown because of Covid-19, board is discharged and as per SOP only urgent matters are taken up.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 25-01-2021
    
    Date: 25-01-2021
    Business: Adv. Mr. Anil Bagwe for the plaintiff.
    Adv. Chandramore for the defendant no.4.
    None for defendants no.1 to 3.
    Defendants have failed to file WS. Hence, the suit to proceed without WS against defendants.
    Issue public summons. Same be published  in Hindi and English newspapers having wide circulation in Mumbai. One copy of the summons be affixed on the notice board of the Court, Collector, Mumbai and defendant no.4 and the last known address of Ishwarlal Tribhovandas Vora.
    Matter is adjd. to 26/03/2021 for publication report.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 26-03-2021
    
    Date: 26-03-2021
    Business: Due to SOP only urgent matter  are taken up. Hence, the Board is
    discharged.
    Matter is adjd. to 11/06/2021 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 11-06-2021
    
    Date: 11-06-2021
    Business: Due to COVID-19 pandemic.
    Matter is adjourned.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 02-08-2021
    
    Date: 02-08-2021
    Business: Adv. Mr. Bhatte along with Adv. Anil  Bagwe for plaintiff present.
    Adv. Chandramore for defendant No.4 present.
    Advocate for plaintiff filed affidavits of service of paper publication and pasting of writ of summons. O- Seen.
    Advocate for plaintiff filed affidavit of service of letter of request. O-Seen.
    Matter is adjd. to 23/09/2021 for recording evidence.
    Next Purpose: CIATATION
    Next Hearing Date: 23-09-2021
    
    Date: 23-09-2021
    Business: Plaintiff present.
    Adv. Y.S.Bhat a/w Adv. Bagwe for plaintiff present and tendered filed affidavit in lieu of Examination of Chief by name Harendra Vora.t.o.r.
    Plaint.
    affidavit in lieu of Examination of Chief by name Harendra Vora.t.o.r.
    Documents.
    None for defendant.
    P.O. is busy in dictating judgment in Suit No.2183/16 and order in Suit No. 2378/17. Hence matter Matter is adjd. to 18.11.2021.
    Next Purpose: CIATATION
    Next Hearing Date: 18-11-2021
    
    Date: 18-11-2021
    Business: Adv Mr.Bagwe present for the plaintiff.
    Adv Chandramore present for the corporation.
    Adv Mr.Khatib present for the defendant no.2
    Matter is adjd. to 06.12.2021  for cross examination
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 06-12-2021
    
    Date: 06-12-2021
    Business: Adv Mr.Bagwe present for the plaintiff.
    Adv Chandramore present for the corporation.
    Adv Mr.Kudalkar present for the defendant no.2
    Matter is adjd. to 03.01.2022 for R.E.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 03-01-2022
    
    Date: 03-01-2022
    Business: Court is on Leave.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 08-02-2022
    
    Date: 08-02-2022
    Business: Due to SOP only urgent matters are taken up.
    Matter is adjd. to 13.04.2022 for R.E.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 13-04-2022
    
    Date: 13-04-2022
    Business: court is on leave
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 20-06-2022
    
    Date: 20-06-2022
    Business: Adv. Bhate h/f Adv. Bagwe for plaintiff present.
    Adv. Khatib for State/Defendant no. 1 to 3 present and he is seeking time for cross examination.
    Matter is adjd. to 13-07-2022 for  R/E.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 13-07-2022
    
    Date: 13-07-2022
    Business: Adv. Yogeshwar S. Bhate alongwith Adv. Anil P. Bagwe for plaintiff present. He is seeking time as the plaintiff is residing at Baroda. Due to rain fall he is unable to attend cross examination. O- Time granted.
    adv. Khatib for deft.no. 1 to 3 present.
    Matter is adjd. to 05.08.2022 for R/E.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 05-08-2022
    
    Date: 05-08-2022
    Business: Plaintiff and his Adv. Bhate h/f Adv. Anil Bagwe present.
    Adv. Khatib for defendant no. 1 to 3/State present and requested to kb the matter.
    LO at 12.17 pm
    Adv. of Plaintiff and Deft.no. 1 to 3/State present.
    Following documents are marked as below Exh.03
    Sr. No. 3 - Orginal Death Certificate issued by the MCGM showing the death of Ishwarlala Tribhovandas Vora on 22.10.2013 at the Address of the said flat No. 24. Exh.04
    Sr. No.6- Copy of order dtd. 01.03.2018 passed in the Testamentary Petition no. 1405/14, which was obtained from the Website of Hon\''ble Bombay High Court - Exh.05.
    Sr.No.11 - Copy of the order dated 10.07.2019 passed in the  Miscellaneous Petition No.76/2018 in Testamentary Petition No.   1405/2014, which was obtained from the website of the Hon\''ble Bombay High Court - Exh. 06.
    The plaintiff adv. submitted that he will filed certified copies of document on next date.
    Matter is adjd. to 14.09.2022 for Cross examination.
    Next Purpose: RECORDING EVIDENCE P.H.
    Next Hearing Date: 14-09-2022
    
    Date: 14-09-2022
    Business: Plaintiff and his Adv. Bhate a/w Adv. Anil Bagwe present and filed application marked as Exh.07 for leading evidence and list of document, It is marked as Exh.08. Copy of the application is already served.
    Adv. Chandramore for defendant/BMC present.
    Adv. Kapse h/f Adv. Khatib for defendant / State present.
    Matter is adjd. to 07.10.2022 for reply to Exh.7
    Next Purpose: REPLY
    Next Hearing Date: 07-10-2022
    
    Date: 07-10-2022
    Business: Court is busy in hearing arguments in High Court Time Bound Matter Suit No. 833/2015. Hence, Board is discharged.
    Matter is adjd. to 04.11.2022 for reply on Exh.
    Next Purpose: REPLY
    Next Hearing Date: 04-11-2022
    
    Date: 04-11-2022
    Business: Court is on leave.
    Hence, Matter is adjourned to next date.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 20-12-2022
    
    Date: 20-12-2022
    Business: As Court is busy in dictating order in NM no. 2419/21 in suit No. 447/17 and ch/s no. 776/18 in Suit No. 447/17. Hence, board is discharged.
    Matter is adjourned to 07.02.2023 for Admission Denial.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 07-02-2023
    
    Date: 07-02-2023
    Business: Adv. Anil P. Bagwe for plaintiff present.
    Advocate Mr. Khatib for the State/defendant Nos. 1 to 3 present.
    Adv. Chandramore for defendant no. 4/BMC present.
    Filed say on Exh.08 by Deft.no. 1 to 4.
    Matter is adjourned to 09.03.2023 for marking of documents.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 09-03-2023
    
    Date: 09-03-2023
    Business: Adv. Anil Bagwe for plaintiff present.
    Advocate Mr. Khatib for the State/defendant Nos.1 to 3 present.
    kb for marking of documents.
    Following documents are marked below Exh.8
    Sr.No.1. Certified Copy of the Miscellaneous Petition No. 76/2018 in Testamentary Petition No. 1405/2014 alongwith the annexures affirmed by the Plaintiff on 02nd April, 2018 and Lodged on 04th April, 2018-Exh.9.
    Sr.No.2-Certified Copy of the Additional Affidavit dated 30th March, 2019 alongwith the annexures filed by the plaintiff - Exh.10.
    Sr.No.3- Certified Copy of the Affidavit dated 11th April, 2019 along with the annexures filed by the Senior Inspector of Police of the Pant Nagar Police Station, Ghatkopar (East), Mumbai - Exh.11.
    Sr.No. 4- Certified Copy of the Additional Affidavit dated 06th July, 2019 alongwith the annexures filed by the Plaintiff - Exh.12.
    Sr.No.5 - Certified Copy of various orders passed in Misc. Petition No.76/2018 in Testamentary Petition No. 1405/2014 including Common Conditional order dated 02nd May, 2016, 06th February, 2019, 11th March, 2019, 25th March, 2019, 03rd April 2019, 18th April, 2019, 24th April, 2019, 02nd May, 2019, 12th June, 2019, 10th July, 2019 and 27th August, 2019-Exh.13.
    Matter is adjourned to 10.04.2023 for Cross Examination/Recording Evidence.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 10-04-2023
    
    Date: 10-04-2023
    Business: PW-1 present.
    Adv. Y. S. Hate a/w Adv. Bagwe for plaintiff present.
    Advocate Mr. Khatib for the State/defendant No. 1 to 3 present and seeking time for cross examination. Time granted.
    Adv. Chandramore for defendant no.4/BMC present.
    By consent of both the parties, Matter is adjourned to 13.06.2023 for Recording Evidence.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 13-06-2023
    
    Date: 13-06-2023
    Business: Adv. Mr. Anil Bagwe a/w Adv. Krutika Valunj for the plaintiff is present.
    Adv. Mr. Khatib for defendant Nos. 1 to 3/State is present.
    KB LO at 11:55 am.
    Adv. Ms. Chandramore for defendant No. 4/BMC is present.
    PW -2 Mr. Harendra Maganlal Vora is present and resumed on SA.
    Cross-examination of PW-2 is commenced and completed by advocate for defendant Nos. 1 to 3 and Adv. for defendant No. 4
    Advocate for the plaintiff filed evidence closed pursis. TOR. It is marked at Exh. 14. O- R&R.
    Advocates for defendant Nos. 1 to 3 and 4 submitted that they do not want to lead evidence. Hence, their evidence is closed and matter is adjourned for final arguments.
    Adjourned for final arguments to 19.06.2023.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 19-06-2023
    
    Date: 19-06-2023
    Business: Adv. Mr. Y.S. Bhate i/b Adv.  Bagwe for the plaintiff is present.
    Adv. Mr. Khatib for defendant Nos. 1 to 3 /State is present and sought adjournment. Hence, matter is adjourned.
    Adjourned for final arguments to 21.07.2023.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 21-07-2023
    
    Date: 21-07-2023
    Business: Adv. Mr.Y.S. Bhate alongwith Advocate Mr.Anil P. Bagwe for the plaintiff is present.
    Adv. Mr. Khatib for defendant Nos.1 to 3/State is present.
    Advocate Mrs.Chandramore for defendant No.4/BMC is present.
    Heard Ld. Advs. for both the sides.
    Matter is adjourned to 28.07.2023 for Judgment.
    Next Purpose: JUDGMENT
    Next Hearing Date: 28-07-2023
    
    Date: 28-07-2023
    Business: Decreed.
    Nature Of Disposal: DECREED
    Disposal Date: 28-07-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 109026/2019
    Filing Date: 14-08-2019
    First Hearing Date: 13th September 2019
    Decision Date: 28th July 2023
    Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 2Full order available
    28 Jul 2023

    Order Details: Copy of Judgment Pdf Text: 1 MHCC010085132019 Lodged on : 14.08.2019 Registered on : 23.08.2019 Decided on : 28.07.2023 Duration : 03Y 11M 14D EXHIBIT-15 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY SUIT NO. 2381 OF 2019 HARENDRA MAGANLAL VORA, ] Male, Adult, Aged about 70 years, ] Occupation : Business, Hindu, ] Indian Inhabitant of Gujarat State, ] Residing at Nilamber Bunglow No.2, ] Near Vasna Jakat Naka, ] Vadodara – 390015, Gujarat State; ] and…

    Read Full Order
    Final Order 1Full order available
    28 Jul 2023

    Order Details: Copy of Judgment Pdf Text: 1 MHCC010085132019 Lodged on : 14.08.2019 Registered on : 23.08.2019 Decided on : 28.07.2023 Duration : 03Y 11M 14D EXHIBIT-15 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY SUIT NO. 2381 OF 2019 HARENDRA MAGANLAL VORA, ] Male, Adult, Aged about 70 years, ] Occupation : Business, Hindu, ] Indian Inhabitant of Gujarat State, ] Residing at Nilamber Bunglow No.2, ] Near Vasna Jakat Naka, ] Vadodara – 390015, Gujarat State; ] and…

    Read Full Order

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