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SUIT - SHORT CAUSE CIVIL SUIT

Mr. Vijaykumar Kanchanlal VaidyaVsKalikund Developers +3 more

CNR MHCC0100948520199-COURT 09 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--COMPROMISE
Decision Date: 07th May 2026

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
102505/2019
Registration Date
21 Sept 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    5

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec Order 39

    Case History / Proceedings

    Case History
    Date: 14-10-2019
    Business: None present for the Plaintiff.
    Adv. Vinayak Tare h/f Kandekar for Defendant-4 present.
    Adv Ms. Gauri Sakharkar for Defendant nos. 1 to 3 present and she undertakes to file Vakalatnama on next date.
    Affidavit of service tendered by the Plaintiff. t.o.r.
    Matter is adjd. to 23.12.2019 for WS by the Defendant.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 23-12-2019
    
    Date: 23-12-2019
    Business: matter adjd to 02.01.2020
    Reason For Adjournment: court time is over
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 02-01-2020
    
    Date: 02-01-2020
    Business: Due to vacation on 23/12/2019 matter is taken on todays board.
    Adv. Juchi Dhoka for defendant no. 1 to 3 is present. She filed Vakalatnama. TOR
    Plaint.
    Vakalatnama.
    Memo of address in plaint.
    Vakalatnama.
    She seeks time for tendering WS. O-Granted subject to stipulation in CPC.
    Matter is adjd. for filing W.S/order to 31/01/2020 .
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 31-01-2020
    
    Date: 31-01-2020
    Business: Court is on leave.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 27-03-2020
    
    Date: 27-03-2020
    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. Jain for the plaintiff.
    Adv. Mr. Viraj Bansod i/b Adv. Tushar Goradia for defendants no.1 to 3.
    None for defendant no.4.
    Defendants no.1 to 3 have failed to file WS. Hence, the suit to proceed without WS against defendants no.1 to 3.
    Matter is adjd. to 26/03/2021 for filing proof of service summons to defendant no.4.
    Next Purpose: SERVICE
    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 28/06/2021 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 28-06-2021
    
    Date: 28-06-2021
    Business: due to covid-19
    Next Purpose: SERVICE
    Next Hearing Date: 24-08-2021
    
    Date: 24-08-2021
    Business: court is on leave
    Next Purpose: SERVICE
    Next Hearing Date: 16-11-2021
    
    Date: 16-11-2021
    Business: Adv. Mr. Kudalkar for the plaintiff present.
    Adv. H. Pawaskar alongwith Adv. Vijay h/f Adv. Tushar Goradia  for defendants No.1 to 3 present.
    The advocate of plaintiff submitted the defendant No.4 is appeared on 14/10/2019, but failed to file WS. Therefore, suit to proceed without WS against defendant No.4.
    Matter is adjd. to 20/12/2021 for NO WS hearing.
    Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
    Next Hearing Date: 20-12-2021
    
    Date: 20-12-2021
    Business: Adv. Vaibhavi Pawar h/f Adv. Kudalkar for Plff. present.
    Adv.  Viraj Bansod alongwith Adv. Pinky Jogani for Deft. Nos. 1 to 3 present.
    As Court is busy in recording evidence in Suit No.5108/2012. Hence, board is discharged.
    Matter is adjd. to 03-03-2022 for hearing without W/St.b
    Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
    Next Hearing Date: 03-03-2022
    
    Date: 03-03-2022
    Business: Adv. Mr. Darshan Jain h/f adv. Mr. Kudalkar for plaintiff present.
    Adv. Ms. Zaiwala  for defendant No.1 to 3 present.
    She seeks time as she wants to take out necessary proceeding for setting aside no W.S. order.  She is served with copies of documents today. In the circumstances,
    Matter is adjourned for cross-examination on law points on 08-04-2022
    Next Purpose: HEARING
    Next Hearing Date: 08-04-2022
    
    Date: 08-04-2022
    Business: Adv. Kudalkar for plaintiff present.
    Adv.Parichehe Zaiwalla i/b Goradia for defendant present and submits that the defendant has met with an accident and hence she could not obtain his signature on written statement. Ld. advocate for plaintiff opposes for adjournment on the ground that the suit is proceeding without written statement. The affidavit of chief examination is already filed on record with the documents. However, in view of submissions of Ld. advocate for defendants it would be proper to give a short adjournment so that multiplicity of proceedings can be avoided. It is made clear that if defendant failed to file appropriate proceeding for taking the written statement on record on 18/04/2022, suit shall proceed further as it is.
    Matter is adjd. to 18-04-2022 for WS.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 18-04-2022
    
    Date: 18-04-2022
    Business: Adv. Pawar h/f Adv. Kudalkar for plaintiff present.
    Adv. Pari Jain for defendant nos. 1 to 3 present and files draft N/m for setting aside no written statement order dtd. 25-01-2021  TOR . Leave is granted to register the same. Serve other side.
    Matter is adjd. to 16-06-2022.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 16-06-2022
    
    Date: 16-06-2022
    Business: Adv. Pawar h/f Adv. Kudalkar for plaintiff present.
    Adv.Ms Zariwala for defendant nos. 1 to 3 present and seeking time for register the N/m.-O- Time granted.
    Matter is adjd. to 08-08-2022 for N/m.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 08-08-2022
    
    Date: 08-08-2022
    Business: court is on leave
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 06-10-2022
    
    Date: 06-10-2022
    Business: Adv. Parichehr for Deft.Nos. 1 to 3 present and tendered register NM No. 2119/22 alongwith affidavit in support.
    Court is busy in hearing argument in Misc. Application No. 128/22 in Suit No. 3147/2018.
    Hence, Board is discharged.
    Matter is adjd. to 21.11.2022 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 21-11-2022
    
    Date: 21-11-2022
    Business: Adv. Kudalkar for plaintiff present and he filed reply on overleaf.
    Adv. Parichalu Zaiwalla for defendant 1 to 3 present and seeking time for NM hearing. Time granted.
    Matter is adjd. to 30.11.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-11-2022
    
    Date: 30-11-2022
    Business: Adv. Vabhavi Pawar h/f Adv. Kudalkar for plaintiff present.
    Adv. Mittal Sawla for defendant nos. 1 to 3 present and seeking time for NM hearing. Time Granted as last chance.
    Matter is adjd. to 09.12.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-12-2022
    
    Date: 09-12-2022
    Business: Adv. Darshan Jain h/f Adv. Kudalkar for plaintiff present.
    Adv. Chinmany Paradkar for defendant No. 1 present.
    Matter is adjd. to 25.01.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-01-2023
    
    Date: 25-01-2023
    Business: As Court is busy in dictating Judgment in Suit No. 1544/2019, Recoding Evidence in Suit Nos. 3641/12 and Suit No. 4431/13. Hence, board is discharged.
    Matter is adjourned to 24.03.2023 for Notice of Motion hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-03-2023
    
    Date: 24-03-2023
    Business: court is on leave
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-06-2023
    
    Date: 22-06-2023
    Business: Adv. Mr. Suraj Kudalkar for the plaintiff is present.
    Adv. Mr. Chinmay Paradkar for defendant Nos. 1 to 3 is present.
    Heard both the sides on NM No. 2119/2022.
    F.R.S.R. the following Order is passed on NM No. 2119/2022:
    ORDER
    1.	Notice of Motion No. 2119 of 2022  is hereby allowed subject to the payment of costs of Rs.1,000/-  Plaintiff payable by the defendant Nos.1 to 3 jointly on or before next date.
    2.  On payment of costs, the delay be condoned and  “No Written Statement” order dated 25.01.2021 is set aside and allowed to take Written Statement of defendant Nos.1 to 3 on record.
    3.	On failure to make compliance, Notice of Motion  will be dismissed automatically.
    4.  Notice of Motion No.2199 of 2022 is disposed of accordingly.
    Adjourned for complaince to 03.08.2023.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 03-08-2023
    
    Date: 03-08-2023
    Business: The plaintiff is present.
    Adv. Mr. Pallichala Zaiwalla for defendant Nos. 1 to 3 is present and submitted that defendant has paid costs of Rs. 1,000/- to the plaintiff.
    Plaintiff submits that he received costs of Rs.1,000/-. Hence, WS of defendant Nos. 1 to 3 is taken on record. It is marked at Exh. 05.
    Matter is adjourned to 03.10.2023 for draft issues.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 03-10-2023
    
    Date: 03-10-2023
    Business: Adv. Mr. Pathak h/f Adv. Kudalkar for the plaintiff is present.
    Adv. Mr. Shahzad Khajotia  for defendant Nos. 1 to 2 is present.
    Adv. Ms. Aarti Deodhar is present and she submitted that she has been instructed to file VP on behalf of defendant No. 3 and seeks time to file VP. Time is granted.
    KB LO at  12:28 pm.
    Adv. Mr. Yash Dhakad for defendant Nos. 1 and 2 is present. He paid cost of Rs. 1,000/- to the plaintiff before Court.
    Matter is adjourned to 08.12.2023 for draft issues.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 08-12-2023
    
    Date: 08-12-2023
    Business: None present for the plaintiff.
    Adv. Ms. Bhavika Thakkar for defendant No. 3 is present and seeks time to file VP on behalf of defendant No. 3. Time is granted.
    Matter is adjourned to 14.03.2024 for draft issues.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 14-03-2024
    
    Date: 14-03-2024
    Business: None for the plaintiff.
    Adv. Ms.Bhavika Thakkar for defendant no.3 is present.
    Matter is adjourned to 19.06.2024 for Draft Issues.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 19-06-2024
    
    Date: 19-06-2024
    Business: As the Court is leave on today. Hence, board is discharged and matter is adjourned to
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 07-08-2024
    
    Date: 07-08-2024
    Business: Advocate Kudalkar present for plaintiff and he tendered draft issues.
    Advocate Bhavika Thakkar present for defendant no. 1 and 3 and filed VP for defendant no. 1 and 3 t.o.r. marked as Exh.08.
    Advocate Kamlesh Varma for defendant no. 2 present.
    Matter is adjourned for RE to 29/8/24.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 29-08-2024
    
    Date: 29-08-2024
    Business: None present for plaintiff.
    Adv. Bhavika Thakkar present for defendant no. 1 and 3.
    As plaintiff and his advocate are absent,
    Matter is adjourned for RE 14/11/24.
    L.o. at 12.25 pm.
    Adv. Farkanda Shaikh h/f Adv. Kudalkar for plaintiff present.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 14-11-2024
    
    Date: 14-11-2024
    Business: Plaintiff present.
    Adv. Darshan Jain h/f Adv. Kudalkar present for plaintiff.
    Adv. present for defendant no.2.
    Adv. Bhavika Thakkar present for defendant no. 1 and 3 and sought adjournment.
    Matter is adjourned to 08/01/25 for draft issues.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 08-01-2025
    
    Date: 08-01-2025
    Business: Plaintiff and his advocate are absent.
    Adv. Kamlesh Varma present for defendant no. 2.
    Adv. Bhavika Thakkar for defendant no. 1 and 3.
    Both advocate seeks time to file draft issues..
    O- Time granted.
    Matter is adjourned for draft issues to 31/01/25.
    later on at 11.46 pm.
    Adv. Afsar Ansari for plaintiff present and seeks time to file draft issues.
    O- Time granted.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 31-01-2025
    
    Date: 31-01-2025
    Business: None present for the plaintiff.
    Adv. Mr. Neeraj Jain for defendant Nos. 1 and 3 is present and filed draft issues. Taken on record. It is marked at Exhibit 9. Copy is supplied to defendant No.2 and copy of draft issues for plaintiff kept on record.
    Adv. Mr. Kamlesh Varma for defendant No. 2 is present and seeks time to file draft issues. O- Time granted as last chance.
    Plaintiff and defendant No.2 to file draft issues on the next date without fail, otherwise matter will be proceeded further.
    Matter is adjourned draft issues to 03.04.2025.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 03-04-2025
    
    Date: 03-04-2025
    Business: As the Court is on leave.  Hence, board is discharged and matter stands adjd. to
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 30-04-2025
    
    Date: 30-04-2025
    Business: Adv. Farkanda Shaikh h/f Adv. Kudalkar present for plaintiff.
    Adv. Praharshi Saxena present for defendant no. 1 and 3.
    Advocate Karan Aiya i/b Adv.  Tushar Goradia for defendant no. 2 present and he submitted draft issues.
    Matter is adjourned for framing issues to 11/07/25.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 11-07-2025
    
    Date: 11-07-2025
    Business: Adv. Uma present for plaintiff.
    Advocate Bhavika Thakar for defendant no. 1 present.
    Advocate Sunil Gada for defendant no. 2 present.
    Matter is adjourned to 22/09/25 for framing issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 22-09-2025
    
    Date: 22-09-2025
    Business: Plaintiff present.
    Adv. Gada present for defendant no.2.
    Matter is adjourned to 07.11.2025 for framing issues.
    LO
    Adv. Shaikh Asfara h/f Adv. Kudalkar for Plaintiff present.
    Lo at 12.50pm
    Adv. Bhavika Thakkar i/b SSB Legal and Advisory for D-1 and 3 present.
    Matter already adjourned to 07.11.2025 for framing issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 07-11-2025
    
    Date: 07-11-2025
    Business: Adv. T. A. Dhotre h/f Adv. Kudalkar present for plaintiff.
    Adv. Vivek Vyas i/b Adv. Tushar Goradia present for defendant no.2
    Adv. Gauri S. Bandre i/b SBS Legal  Advisory for defendant no.1 to 3 present.
    Matter is adjourned to 06.02.2026 for framing issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 06-02-2026
    
    Date: 06-02-2026
    Business: Plaintiff present.
    Advocate Kudalkar present for plaintiff.
    Adv. Gauri S. Bandre i/b SSB Legal  Advisory for defendant nos.1 and 3 present.
    Adv. Karan Aiya i/b Adv. Tushar Goradia present for defendant no.2.
    This court is of the view that, the matter is suitable to be kept for mediation before Judge Mediator. Therefore, matter be sent for mediation.
    Matter is adjourned to 16.02.2026 for Mediation report.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 16-02-2026
    
    Date: 16-02-2026
    Business: Plaintiff present.
    Advocate Kudalkar present for plaintiff.
    None present for defendants.
    Awaiting Mediation report hence, Matter is adjourned to 12.03.2026 for Mediation report.
    LO at 12.05pm
    Adv. Gauri S. Bandre i/b SSB Legal  Advisory for defendant no.1 present.
    Matter already adjourned to 12.03.2026 for Mediation report.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 12-03-2026
    
    Date: 12-03-2026
    Business: Plaintiff a/w his Adv. Kudalkar present.
    Adv. Yash Sheth i/b Adv. Tushar Goradia present for defendants.
    Awaiting Mediation report, Matter is adjourned to 27.04.2026 for Mediation report.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 27-04-2026
    
    Date: 27-04-2026
    Business: As the Court is on leave. Hence, board is discharged and matter stands adjourned.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 07-05-2026
    
    Date: 07-05-2026
    Business: By Praecipe matter is taken on todays board. O-Call the file.
    Plaintiff present.
    Adv. Darshan Jain h/f Adv. Kudalkar present for plaintiff.
    Adv. Nirmala Phodse i/b SSB Legal and Advisory present for defendant.
    Plaintiff Vijay Kumar a/w Adv. Kudalkar present.
    Defedant No.3 present a/w Adv. Nirmala Those present. Perused the color xerox copy of letter of authority dated 04.02.2026 in the name of defendant No.3. Adv. for defendant No.3 submitted that, defendant No.2 has no concern with defendant No.1 partnership firm as per the Arbitration Award and the present partners have authorized the defendant No.3 to settle the dispute for and on behalf of defendant No.1 the firm, with the plaintiff. Though, original letter of authority is not produced on record, Adv. Nirmala Those has signed the same as true copy. The Advocate for plaintiff has no objection about the same.
    In view of above the plaintiff has filed application for withdrawal of above suit as per the consent terms produced before the mediator on 02.05.2026. The plaintiff and the defendant No.3 have admitted  the contents of Consent Terms along with their signatures thereon. Advocate for plaintiff submitted that, no relief is claimed against the defendant No.4. Hence, in view of above suit stands disposed of as per consent terms vide Exh.__. Decree be drawn accordingly.
    Nature Of Disposal: COMPROMISE
    Disposal Date: 07-05-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 110054/2019
    Filing Date: 17-09-2019
    First Hearing Date: 14th October 2019
    Decision Date: 07th May 2026
    Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    07 May 2026

    Order Details: Other Pdf Text: 07.05.2026 CORAM: H.H.J. SHRI. S. M. PATIL, (C.R. NO.09) SU 2505/2019 By Praecipe matter is taken on today's board. O-Call the file. Plaintiff present. Adv. Darshan Jain h/f Adv. Kudalkar present for plaintiff. Adv. Nirmala Phodse i/b SSB Legal and Advisory present for defendant. Plaintiff Vijay Kumar a/w Adv. Kudalkar present. Defedant No.3 present a/w Adv. Nirmala Those present. Perused the color xerox copy of letter of authority dated 04.02.2026 in the name of defendant…

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