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SUIT - SHORT CAUSE CIVIL SUIT

Mr. Gajanan Kisan Girolla +1 moreVsMCGM +2 more

CNR MHCC0100960120195-COURT 05 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 13th September 2025

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
100111/2020
Registration Date
06 Jan 2020

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    5

    Acts & Sections

    1
    Hindu Marriage Act · Sec 34 and 37

    Case History / Proceedings

    Case History
    Date: 02-03-2020
    Business: As court is on leave.Matter is adjourned.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 24-04-2020
    
    Date: 24-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: DIRECTIONS
    Next Hearing Date: 15-05-2020
    
    Date: 15-05-2020
    Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 77 of 2020 matter adjourned.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 04-06-2020
    
    Date: 04-06-2020
    Business: As per office order No. 83/2020 dated 01/06/2020 matter adjourned.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 22-06-2020
    
    Date: 22-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: DIRECTIONS
    Next Hearing Date: 27-07-2020
    
    Date: 27-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: DIRECTIONS
    Next Hearing Date: 11-09-2020
    
    Date: 11-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: DIRECTIONS
    Next Hearing Date: 26-10-2020
    
    Date: 26-10-2020
    Business: Due to Covid-19. Matter is adjourned.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 06-01-2021
    
    Date: 06-01-2021
    Business: Advocate for plaintiff present.
    Defendant no. 3 in-person present and filed application alongwith documents. (Exh-2)
    He said that he is not financially capable to engage lawyer.  He is informed about free legal aid cell and informed to approach and then report to this court.
    Advocate Mrs. Vyavahare for deft no.1 & 2/BMC present.
    Adjourned for appearance to 10/03/2021.
    Next Purpose: FOR APPERANCE
    Next Hearing Date: 10-03-2021
    
    Date: 10-03-2021
    Business: Advocate for plaintiff present.
    Defendant no.3 present. He submitted that he has not received any documents.
    Advocate for defendant/BMC present.
    Adjourned for written statement to 28/06/2021.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 28-06-2021
    
    Date: 28-06-2021
    Business: In view of Office Circular/Order 106/2021 Dt. 14-06-2021 , only urgent matters are taken, hence the remaining board is discharged hence matter is adjd. to
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 30-07-2021
    
    Date: 30-07-2021
    Business: In view of Office Circular/Order 106/2021 Dt. 14-06-2021 , only urgent matters are taken, hence the remaining board is discharged, Hence matter is adjd. to
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 17-08-2021
    
    Date: 17-08-2021
    Business: Adv.  Gupte present for plaintiff.
    Adv. Sutar  present for MCGM/defendant
    Defendnat adv. tendered WS
    Plaint.
    VP. of plaintiff.
    Memorandum of add
    List of document
    WS
    Copy served upon other side.
    Matter adjourned for WS of defendant no. 2 on 14-10-2021
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 14-10-2021
    
    Date: 14-10-2021
    Business: Presiding officer is on leave, hence matter is adjourned to
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 04-12-2021
    
    Date: 04-12-2021
    Business: None present  for plaintiff.
    Adv. vidya present for MCGM/defendant.
    Adv. Kunal Narvekar present for defendant no. 03 and tendered appointment letter of DLSA Mumbai and vakalatanama for deff. no. 03. t.o.r. marked as Exh.06 and Exh. 07 respectively.
    Matter adjourned for steps to. 10/02/22.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 10-02-2022
    
    Date: 10-02-2022
    Business: None present for plaintiff.
    Adv. Kunal Nagawekar present for defendant no. 03 and and he tendered draft Notice of Motion @ affidavit in support of, t.o.r
    O-Leave granted to register.
    Matter adjourned for NM reply to 29-03-2022.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 29-03-2022
    
    Date: 29-03-2022
    Business: Coram H.H.J. Shri. A. G. Santani, City Civil Court, Mumbai.(C.R.11)
    Matter pertains to C.R.05
    Adv. for plaintiff present.
    Adv.Kunal Nagvekar present for defendant no.3 and he tendered original registered Notice of Motion No. 591/22 along with affidavit in support. TOR. and also he tendered affidavit of service of NM. TOR.
    Adv. Sutar present for MCGM.
    Matter adjourned for NM reply on  07-06-2022.
    I/c Judge
    Next Purpose: REPLY
    Next Hearing Date: 07-06-2022
    
    Date: 07-06-2022
    Business: As Court is on leave.
    Next Purpose: REPLY
    Next Hearing Date: 21-07-2022
    
    Date: 21-07-2022
    Business: As court is busy.
    Next Purpose: REPLY
    Next Hearing Date: 06-09-2022
    
    Date: 06-09-2022
    Business: As presiding officer is on leave. Hence, matter is adjourned to
    Next Purpose: REPLY
    Next Hearing Date: 18-10-2022
    
    Date: 18-10-2022
    Business: As presiding officer is on leave. Hence, matter is adjourned to
    Next Purpose: REPLY
    Next Hearing Date: 17-12-2022
    
    Date: 17-12-2022
    Business: None for Plaintiff
    Deft no. 3 in person is present.
    Plaintiff failed to file reply to the NM tendered by Deft no. 3 hence, NM to proceed without reply of Plaintiff.
    Matter is adjd for NM hearing on 16-02-2023
    Next Purpose: REPLY
    Next Hearing Date: 16-02-2023
    
    Date: 16-02-2023
    Business: Adv Gupte h/f Adv Sameer Tendulkar for Plaintiff present and tendered affidavit in reply to NM No. 591 of 2022. TOR.
    Adv. Smt. Vidya Vyavahare for MCGM/ defendant  present.
    As Court is busy in urgent hearing matters i.e. Stamp No. 1622 of 2023, and Stamp No. 152 of 2023 and dictating order matters i.e. Suit No. 313 of 2022 to 320 of 2022 group matters and Suit No. 785 of 2018. Hence want of time board is discharged.
    Matter is adjd for NM hearing on 11-04-2023
    Next Purpose: REPLY
    Next Hearing Date: 11-04-2023
    
    Date: 11-04-2023
    Business: Adv Gupte h/f Adv Sameer Tendulkar for Plaintiff present.
    Deft. no. 3 present his adv is absent.
    Adv. Smt. Vidya Vyavahare for MCGM/ defendant nos. 1 and 2  present.
    On oral request made by advocate for plaintiff short adjournment is granted.
    Matter is adjd for NM hearing on 18-04-2023
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-04-2023
    
    Date: 18-04-2023
    Business: Adv.Gupte h/f Adv.Tendulkar for plaintiff present.
    Adv. Vyavahare @ Adv. Rawade for MCGM/defendant.
    Adv.Kunal Nagvekar for defendant no.3 (SA) present.
    Adv for plaintiff filed draft N/M along with affidavit.
    O- Leave granted to register N/M.
    Order on application tendered in N/M no.591/2022:-
    This is an application for setting aside no reply order on N/M Number 591/2022 against the defendant  no.3.  Today both parties advanced arguments and adv for plaintiff submitted that the application may be allowed subject to cost.  Record shows that on last date itself the defendant  no.3 has filed his reply on record.  It shows his inclination to contest the N/M. Hence, considering the ends of justice no reply order passed on N/M 591/2022 against defendant no.3 stands set aside and he is allowed to file reply.
    Heard adv for plaintiff and defendants on N/M 591/2022
    Matter adjourned for N/M 591/22 Order to 02.05.2023.
    Next Purpose: ORDER
    Next Hearing Date: 02-05-2023
    
    Date: 02-05-2023
    Business: Adv Gupte h/f Adv Tendulkar for Plaintiff present.
    Adv. Smt. Vidya Vyavahare for MCGM/ defendant  present.
    F.R.S.R. the following order is passed
                          ORDER
    1. Notice of Motion No.591 of 2022 is dismissed.
    2. Notice of Motion is disposed off accordingly.
    Matter is adjd for W/S on 04-07-2023
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 04-07-2023
    
    Date: 04-07-2023
    Business: Adv. Nilesh Shinde for Plaintiff present.
    Adv. Kunal for D-3 present.
    Adv. Ms. Vyavahare for MCGM present.
    Ld. Adv. for D-3 has filed written statement. TOR and marked at Exh.8.  Copy served to other side.
    Matter is adjd  to 14.09.2023 for framing issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 14-09-2023
    
    Date: 14-09-2023
    Business: Adv. Shinde h/f Adv. Sameer Tendulkar for Plaintiff present.
    Adv. Ms. Vyavahare for MCGM present.
    The plaintiff is directed to register the draft NM on or before next date without fail.
    Matter is adjd  to  07.11.2023 for NM service.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 07-11-2023
    
    Date: 07-11-2023
    Business: None for Plaintiff.
    Adv. Vyavhare for defendante/MCGM is present.
    Matter is adjd  to 02-01-2024 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 02-01-2024
    
    Date: 07-11-2023
    Business: None for Plaintiff.
    Adv. Vyavhare for defendante/MCGM is present.
    Matter is adjd  to 02-01-2024 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 02-01-2024
    
    Date: 02-01-2024
    Business: None for Plaintiff.
    Adv. Nivedita Patil h/f Adv. Nagvekar for D-3 present.
    Adv. Pradip Patil h/f Adv. Vyavahare for defendant/BMC present.
    Matter is adjd  to 22.02.2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-02-2024
    
    Date: 22-02-2024
    Business: Adv. Dinesh Shinde for Plaintiff present.
    Adv. Kunal Nagvekar for D-3 (Legal Aid) present.
    Adv. Vyavahare for defendant/BMC present.
    Ld. Adv. for plaintiff has served the copy of NM upon the defendant No. 3 today.
    Matter is adjd  to 04.04.2024 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 04-04-2024
    
    Date: 04-04-2024
    Business: None for Plaintiff.
    Adv. Nivedita Patil i/b Kunal Nagvekar for D-3 present.
    Ld. Adv. for D-3 has filed affidavit in reply to NM No. 3639/23. Taken on record. Copy be served to other side.
    Matter is adjd  to 27.06.2024  for  NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-06-2024
    
    Date: 27-06-2024
    Business: None for Plaintiff.
    Adv. Sachin Vajale for defendant/BMC present.
    Matter is adjd  to  17.08.2024 for NM hearing.
    Later on at 3.15 p.m. Adv. Shinde h/f Adv. Sameer Tendulkar for plaintiff present.
    Learned advocate for plaintiff has tendered registered Notice of Motion No. 3639/23 along with affidavit in support. Taken on record.
    Adv. Kunal Narvekar (Leal aid) for D-3 present and filed pursis that the affidavit in reply be treated as written statement.  TOR and marked at Exh. 9 O- R and R.
    Reply which is adopted as written statement is marked at Exh. 10.
    Adv. Sachin Vajale for MCGM filed pursis that the written statement be treated as reply to NM.  TOR and marked.
    Earlier order, if any, to continue, till next date.
    Matter is adjd  to 17.08.2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-08-2024
    
    Date: 17-08-2024
    Business: Plaintiff present. His advocate is absent.
    Adv. Kunal Nagvekar for D-3 present.
    Adv. Chaitanya Dalvi for Defendant/MCGM present.
    On oral request of plaintiff matter is adjourned.
    Matter is adjd  to 10.10.2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-10-2024
    
    Date: 10-10-2024
    Business: Adv. Dinesh Shinde h/f Adv. Sameer Tendulkar for Plaintiff present.
    Adv. Kunal for (legal aid)defendant No.3 present.
    Adv. Chaitanya Dalvi for Defendant/MCGM present.
    The Ld. Adv. for plaintiff orally seeks adjournment for which advocate for the defendant no. 3 strongly objected. Hence, adjournment allowed as a last chance.
        The Ld. Adv. for D-3 has submitted that on 27.06.2024 pursis Exh. 9 was filed on behalf of D-3 for considering the reply dtd. 04.04.2024 as final written arguments of the defendant no. 3 to the NM No. 3639/23. However, due to oversight, it came to be mentioned in the roznama dtd. 27.06.2024 that affidavit in reply of D-3 be treated as written statement and affidavit in reply of the defendant no. 3 has been exhibited as Exh. 10 as written statement of defendant no. 3. In fact, written statement of defendant no. 3 is already tendered on record at Exh. 8. The ld. Adv. for defendant no. 3 submitted that the roznama dtd. 27.06.2024 needs to be corrected.
         As can be seen from the rozanam dtd. 04.07.2023, it reveals that written statement Exh. 8 of defendant no. 3 is already taken on record. It can also be seen from the pursis Exh. 9 that request was made for considering the reply dtd. 04.04.2024 as written arguments of the defendant no. 3 on the notice of motion. Hence, it is necessary to correct the roznama. Accordingly, sheristedar is directed to do the necessary corrections.
    Matter is adjd to 28.11.2024 for NM hearing (ph).
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-11-2024
    
    Date: 28-11-2024
    Business: P.O. is on leave
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-02-2025
    
    Date: 11-02-2025
    Business: None for Plaintiff.
    Adv. Kunal Nagvekar for D-3 present.
    Adv. Sachin Vajale for defendant/BMC present.
        Today matter is for NM hearing and on last to last date adjournment was granted to the plaintiff. Defendant No. 3 has already submitted his written arguments on record. In view of absence of the plaintiff and his counsel, NM be kept for order.
    Matter is adjd to 06.03.2025 for NM order.
    Later on at 4.00 p.m. Adv. Dinesh Shinde h/f Adv. S. M. Tendulkar for plaintiff present.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 06-03-2025
    
    Date: 06-03-2025
    Business: Adv. Dinesh Shinde for Plaintiff present.
    Adv. Sachin Vajale for defendant/BMC present.
    Today the matter is for order in NM No. 3639/23 and Advocate for plaintiff has requested for allowing him to argue the NM. Permission is granted.
    Heard arguments of Ld. Adv. for plaintiff on NM No. 3639/23.
    Matter is adjd to 25.03.2025 for NM order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 25-03-2025
    
    Date: 25-03-2025
    Business: Plaintiff present. His advocate is absent.
    Adv. Sachin Vajale for defendant/BMC present.
    D-3 present. his advocate is absent.
    FRSR the following order is passed -
    Order on NM No.3639 of 2023
    1. Notice of Motion No. 3639 of 2023 is made absolute in terms of prayer clause (a) of the motion.
    2. The defendant No. 3 or his agents, servants and any person claiming through is hereby temporarily restrained from causing any type of disturbance or interference in the peaceful possession of the plaintiff over the suit premises i.e. Shop No. 9, 91/93, Jamnadas Vasantji Chawl, Kamathipura 7th Cross Lane, Shankar Puppala Road, Mumbai 400008 till the final adjudication of this matter.
    3. Notice of motion disposed of accordingly.
    Matter is adjd  to 12.06.2025 for written statement.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 12-06-2025
    
    Date: 12-06-2025
    Business: Adv. Dinesh Shinde h/f Adv. Sachin Tendulkar for plaintiff present.
    Adv. Sachin Vajale for defendant nos.1 and 2/BMC present.
    Adv. Kunal L. Nagwekar for defendant no.3 present.
    Matter is adjd  to 02.08.2025 for framing issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 02-08-2025
    
    Date: 02-08-2025
    Business: None for Plaintiff.
    Adv. Chaitanya Dalvi for Defendant/MCGM present.
    Exh. 11- Issues are framed.
    Matter is adjd to 15.10.2025 for evidence of plaintiff.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 03-09-2025
    
    Date: 03-09-2025
    Business: Mentioned by praecipe. Not on board. Taken on board.
    Adv. Akshay Nawar i/b Adv. Sameer Tendulkar for Plaintiff present.
    Adv. Kajal Sakpal for defendant no. 3 present.
    Joint Pursis by filed by both the advocates for matter referred to Lok Adalat TOR marked as Exh.12.
    Matter is adjd  to 13.09.2025 for Lok Adalat.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 13-09-2025
    
    Date: 13-09-2025
    Business: Plaintiff and his advocate Sachin B. Vajale present.
    Defendant No.3 present and Smt. S. R. Rane Estate Office E-Ward present for D-1 and D-2.
    Consent term Exh.13 between plaintiff and D-3. The advocate for plaintiff submits that suit is withdrawn unconditionally against D-1 and D-2.
    Exh.13 Consent term agreed by plaintiff and D-3 before panel. TOR. Matter is disposed of. Award passed suit No.111/2020(Exh.14).
    Court fee returned as per rule.
    Matter is disposed of in Lokaadalat dtd.13.09.2025.
    Nature Of Disposal: DISMISSED
    Disposal Date: 13-09-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 110216/2019
    Filing Date: 20-09-2019
    First Hearing Date: 02nd March 2020
    Decision Date: 13th September 2025
    Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    13 Sept 2025
    Order Details: Other
    Pdf Text: 13.09.2025 NATIONAL LOK-ADALAT HELD ON 13.09.2025 (Panel No. IV)
    Sr. No. 10
    Suit
    No. 111/20
    Exh. 13
    Exh. 14
    Matter pertaining to C. R. No. 5.
    Plaintiff and his advocate Sachin B. Vajale present.
    Defendant No.3 present and Smt. S. R. Rane Estate Office E-Ward present
    for D-1 and D-2.
    Consent term Exh.13 between plaintiff and D-3. The advocate for plaintiff
    submits that suit is withdrawn unconditionally against D-1 and D-2.
    Exh.13. Consent term agreed by plaintiff and D-3 before panel. TOR.
    Matter is disposed of. Award passed suit No.111/2020(Exh.14).
    Court fee returned as per rule.
    Matter is disposed of in Lokaadalat dtd.13.09.2025.
    H.H.J. SMT. S. V. SAHARE Adv. MS. PREETI P. SABNE.
    Panel Head Panel Member
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