SUIT - SHORT CAUSE CIVIL SUIT
St. Anthonys Homes Co operative Society Ltd.VsMarina Dsouza +3 more
CNR MHCC0101140420193-COURT 03 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
PENDING
TrustJury record updated 23 Sept 2026
Case Overview
- Registration Number
- 102957/2019
- Registration Date
- 15 Nov 2019
- Next Hearing Date
- 08 Oct 2026
- Case Stage
- RECORDING EVIDENCE
Advocates
2For Petitioner
For Respondent
Parties
5Acts & Sections
1Hindu Marriage Act · Sec 34 · 37
Case History / Proceedings
Case History
Date: 06-12-2019 Business: Adv. Desoza for plff present. Adv. Bhuvan for defts present. Advocate for plff filed original writ of summons duly served upon deft no.3 and 4 upon 02.12.2019. TOR. Adjd for written statement and N/M Reply to 02.01.2020. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 02-01-2020 Date: 02-01-2020 Business: Adv. Dsouza for plaintiff present. Adv. Govind Shankar for defendant no. 1 to 4 present. KB LO Adv. Govind Shankar for defendant no. 1 to 4 present and tendered NM No. 4422/19 reply. Copy served to other side. Adjd to 21-01-2020 for NM hearing . Next Purpose: NM FOR HEARING Next Hearing Date: 21-01-2020 Date: 21-01-2020 Business: Adv. Dsouza for plaintiff present. Adv. Govind Shankar for defendant present. Adjd to 14-02-2020 for NM Hearing Next Purpose: NM FOR HEARING Next Hearing Date: 14-02-2020 Date: 14-02-2020 Business: Adv. D\''souza for plaintiff present. Adv. Thakkar for defendant present. On oral request of Ld. Adv. for defendant adjournment granted . Both parties to maintain status quo in respect of the suit property till next date. Adjd to 17-03-2020 for NM Hearing Next Purpose: NM FOR HEARING Next Hearing Date: 17-03-2020 Date: 17-03-2020 Business: (Matter received from CR No.04 as per order dt.14.03.2020) None present for the parties. Adjourned to 15.04.2020 for Hearing on N/M. Next Purpose: NM FOR HEARING Next Hearing Date: 15-04-2020 Date: 15-04-2020 Reason For Adjournment: National Lock Down Next Purpose: NM FOR HEARING Next Hearing Date: 22-04-2020 Date: 22-04-2020 Reason For Adjournment: National Lock Down Next Purpose: NM FOR HEARING Next Hearing Date: 02-06-2020 Date: 02-06-2020 Reason For Adjournment: National Lock Down Next Purpose: NM FOR HEARING Next Hearing Date: 19-06-2020 Date: 19-06-2020 Reason For Adjournment: National Lock Down Next Purpose: NM FOR HEARING Next Hearing Date: 20-07-2020 Date: 20-07-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: NM FOR HEARING Next Hearing Date: 18-08-2020 Date: 18-08-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: NM FOR HEARING Next Hearing Date: 15-09-2020 Date: 15-09-2020 Business: Due to Covid-19, both parties are absent, hence adjourned to 06.10.2020 for NM hearing Next Purpose: NM FOR HEARING Next Hearing Date: 06-10-2020 Date: 06-10-2020 Business: Both sides absent. Due to COVID-19, adjourned to 29.10.2020 for NM Hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 29-10-2020 Date: 29-10-2020 Business: Both sides absent. Due to COVID-19 adjourned to 02.12.2020 for NM hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 02-12-2020 Date: 02-12-2020 Business: None present for plaintiff. Adv. Bhuvan Thakkar i/b Malvi Ranchoddas and Co for defendant present. Plaintiff to remain present positively on next date, either personally or on video conference for hearing. Adjourned to 04.01.2021 for NM Hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 04-01-2021 Date: 04-01-2021 Business: None present for parties. Adjourned to 02.02.2021 for N/M Hearing. L.O. Adv. Clive Dsouza for plaintiff is present. Next Purpose: NM FOR HEARING Next Hearing Date: 02-02-2021 Date: 02-02-2021 Business: Adv. Clive Dsouza for plaintiff is present. None present for defendant. Since nobody appears for defendant, by way of last opportunity, matter adjourned to 01.03.2021 for NM Hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 01-03-2021 Date: 01-03-2021 Business: Adv. Clive Dsouza for plaintiff is present. Adv. Bhuvan Thakker i/b Malvi Ranchoddas and Co for all defendants is present. Advocate for plaintiff files rejoinder to notice of motion. Heard both the sides on notice of motion. Ld. counsel for defendant No.3 and 4 makes a statement that these defendants would not create any third party interest in the suit property during the pendency of the suit. The statement is accepted. In that view of the matter, plaintiff submits that Notice of Motion No.4422/19 may be disposed off. It is accordingly disposed off. Ld. counsel for defendant no.3 and 4 waives service of writ of summons and seeks time to file written statement. Adjourned to 12.04.2021 for Written Statement. Next Purpose: NM FOR HEARING Next Hearing Date: 12-04-2021 Date: 12-04-2021 Business: COURT IS ON LEAVE TODAY. (In view of Office Order No.78 of 2021 Dt.09.04.2021, holiday is declared on 12.04.2021, hence matter is taken on todays board.) Due to holidays declared on 12th, 15th, 16th, so also as per SOP dated 06.04.2021 the day 17th being Saturday declared as holiday, hence adjourned to 19.06.2021 for Hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 19-06-2021 Date: 19-06-2021 Business: None present for plaintiff. None present for defendant. Adjourned to 13.07.2021 for NM Hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 13-07-2021 Date: 13-07-2021 Business: HONBLE THE PRINCIPAL JUDGE IS ON LEAVE TODAY. Both the parties are absent. Adjd. to 10.08.2021 for NM hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 10-08-2021 Date: 10-08-2021 Business: Matter called out at 12.00 noon. Adv. for plaintiff absent. Adv. Bhuvan Thakker for defendants present. His written statement on behalf of Deft. No. 1 to 4 is ready. But there is some delay therefore, he is seeking time to file appropriate application. Time granted. Matter stands adjourned to 24.08.2021 for written statement. Next Purpose: WRITTEN STATEMENT Next Hearing Date: 24-08-2021 Date: 24-08-2021 Business: Matter called out at 12.03 p.m. Adv. Clive D\''souza for plaintiff present. Adv. Bhuvan Thakher I/b Malvi Ranchooddas for defendant present. Defendant is ready with the application for condonation of delay in filing written statement. He is directed to tender the same by way of NM. He is directed to serve the registered NM upon the plaintiff so that on next date NM can be heard finally. Matter stands adjourned to 21.09.2021 for Compliance. Next Purpose: COMPLIANCE Next Hearing Date: 21-09-2021 Date: 21-09-2021 Business: 15.09.2021 NOBTOB Adv. Bhuvan Thakkar I/b Malvi and Co. for plaintiff present. He filed draft NM. O-leave granted to register. He undertakes to serve the other side. Draft NM handed over to the plaintiff for registration. Matter already stands adjourned to 21.09.2021 Matter called out at 04.03 p.m. Adv. Clive D\\\''souza for plaintiff present. Adv. Bhuvan Thakker I/b Malvi Ranchoddas & Co. for defendant present. He tendered registered NM No. 2058/21 Copy already served to the other side. Plaintiff is seeking time to file reply. Time granted. Matter stands adjourned to 14.10.2021 for reply and hearing. Next Purpose: REPLY Next Hearing Date: 14-10-2021 Date: 14-10-2021 Business: Adv.Clive D\''souza for plaintiff present. Adv. Bhuvan Thakker for defendant present. As court is busy in taking evidence in SU No.1016/12 and also in hearing High Court Time Bound Cri. Appeal 705/17. Therefore, by consent, matter stands adjourned to 10.11.2021 for CS reply. Next Purpose: REPLY Next Hearing Date: 10-11-2021 Date: 10-11-2021 Business: Matter called out at 5.29 p.m. Adv. Clive Dsouza for plaintiff present. He tendered reply to NM No.2058/21. TOR. Adv. Bhuvan Thahher I/b Malvi Ranchoddas and Co. for defendant present. Heard both the sides. The defendants filed instant NM No.2058/21 for condonation of 75 days delay in filing WS. It is the contention of the defendant that due to several litigation with respect to the property they were in trauma, therefore, they could not file WS. The NM is opposed by the plaintiff by filing say. I have perused NM and reply. Admittedly, all the defendants were served on 02.12.2019. It is not in dispute that since 15.03.2020, the limitation period was suspended by the Hon\''ble Supreme Court. However, limitation for the defendants for filing WS was already expired prior to lockdown. Looking to the nature of suit and also the defendants are ready to pay cost. The delay can be condoned. In the event, delay is not condoned, the suit will remain undefended which will certainly prejudice the right of the defendant to contest the suit. Therefore, I am of the view that the NM can be allowed by imposing reasonable cost. Thus, I proceed to pass the following order. 1. NM No.2058/21 is allowed in terms of prayer clause (a) and (b) subject to payment of cost of Rs.3,000/- each to be payable to the plaintiff. 2. Upon the payment of aforesaid cost, WS to be taken on record. 3. Costs in cause. 4. NM is disposed of accordingly. Matter stands adjourned to 16.12.2021 for compliance. Next Purpose: COMPLIANCE Next Hearing Date: 16-12-2021 Date: 16-12-2021 Business: Adv. Clive Dsouza for plaintiff present. Adv. Bhuvan Thakker for defendant present. As court is busy in hearing 40 year old Suit No.7423/80. Therefore, matter stands adjourned to 16.02.2022 for compliance. Next Purpose: COMPLIANCE Next Hearing Date: 16-02-2022 Date: 16-02-2022 Business: Matter called out at 1.15 p.m. Adv. Clive D\''souza for plaintiff present. Adv. Bhuvan Thakker I/b Malvi Ranchoddas and Co. for defendant present. Compliance done. Matter stands adjourned to 06.04.2022 for Issues. Next Purpose: FRAMING ISSUES Next Hearing Date: 06-04-2022 Date: 06-04-2022 Business: Matter called out at 11.51 a.m. Adv. Clive Dsouza for plaintiff present. Adv. Pravin Tembekar a/w Adv. Gajanan Khot for defendant present. He tendered VP a/w appearance pursis. TOR. Exh.6-colly Matter stands adjourned to 06.07.2022 for Issues. Next Purpose: FRAMING ISSUES Next Hearing Date: 06-07-2022 Date: 06-07-2022 Business: Adv. C. Dsouza for plaintiff present. Adv. Pravin Tembhekar for defendant present. Matter stands adjourned to 23.08.2022 for Issues. Next Purpose: FRAMING ISSUES Next Hearing Date: 17-08-2022 Date: 17-08-2022 Business: NOBTOB, moved by praecipe. Adv. Pravin Tembhekar for defendant present. He tendered draft NM a/w affidavit in support. O-Leave granted to register. Draft NM handed over to the defendant for registration. Matter already stands adjourned to 23.08.2022 for reply. Next Purpose: REPLY Next Hearing Date: 23-08-2022 Date: 23-08-2022 Business: Adv. C. DSouza for plaintiff present. Adv. Pravin Tembhekar for defendant present. He tendered reg. NM No.2957/22. TOR. Matter stands adjourned to 18.10.2022 for reply. Next Purpose: REPLY Next Hearing Date: 18-10-2022 Date: 18-10-2022 Business: Adv. DSouza for plaintiff present. He tendered reply to NM No.2975/2022. TOR. Copy served to the defendant. Adv. Pravin Tembekar for defendant present. Matter stands adjourned to 14.12.2022 for NM hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 14-12-2022 Date: 14-12-2022 Business: Adv. Clive Dsouza for plaintiff presnet. Adv. Pravin Tembhekar for defendant present. Part heard NM No.2975/2022. Matter stands adjourned to 24.01.2023 for submitting citations/NM argument (p.h) Next Purpose: NM HIGH ON BOARD Next Hearing Date: 24-01-2023 Date: 14-12-2022 Business: Adv. Clive Dsouza for plaintiff presnet. Adv. Pravin Tembhekar for defendant present. Part heard NM No.2975/2022. Matter stands adjourned to 24.01.2023 for submitting citations/NM argument (p.h) Next Purpose: NM HIGH ON BOARD Next Hearing Date: 24-01-2023 Date: 24-01-2023 Business: Adv. Clive Dsouza for plaintiff present. Adv. Pravin Tembhekar for defendant present. Heard both sides on NM No. 2975/22. Matter stands adjourned on 10.02.2023 for NM argument (PH)/ order. Next Purpose: NM P.H. Next Hearing Date: 10-02-2023 Date: 10-02-2023 Business: Adv. Clive Dsouza for plaintiff present. Adv. Pravin Tembhekar for defendant. FRSR following order is passed. ORDER 1. Notice of Motion No.2975/2022 in suit No.2957/2019, is hereby dismissed. 2. Notice of Motion is disposed off accordingly. Matter stands adjourned on 03.04.2023 for compliance. Next Purpose: COMPLIANCE Next Hearing Date: 03-04-2023 Date: 03-04-2023 Business: CORAM :- H.H.J. SHRI SHAIKH AKBAR SHAIKH JAFAR (CR. 03) Adv. Clive D\''souza for plaintiff present. Adv. Gajanan Khot h/f Adv. Pravin Tembhekar for defendant. On request of Adv. of plaintiff matter be kept for issues. Matter stands adjourned on 14.06.2023 hearing on issues. Next Purpose: HEARING Next Hearing Date: 14-06-2023 Date: 14-06-2023 Business: None for Plaintiff present. None for defendant present. Matter stands adjourned on 06-09-2023 for framing of issues. Next Purpose: FRAMING ISSUES Next Hearing Date: 06-09-2023 Date: 06-09-2023 Business: Adv D\''souza for Plaintiff present and seeks to file draft issues. O- Time granted. None for defendant present Matter stands adjourned on 22-11-2023 for filing Draft issues. Next Purpose: DRAFT ISSUES Next Hearing Date: 22-11-2023 Date: 22-11-2023 Business: Advocate D\''suza present for Plaintiff and seeks time for filing draft issues. Order - Time granted. None present for Defendant. Matter stands adjourned on 16-01-2024 for draft issues. Next Purpose: DRAFT ISSUES Next Hearing Date: 16-01-2024 Date: 16-01-2024 Business: Advocate Clive Dsouza for Plaintiff present. None for defendant present. The Learned Advocate for plaintiff filed draft issues. Taken On Record. O - seen. Matter stands adjourned on 27-03-2024 for framing issues. Next Purpose: FRAMING ISSUES Next Hearing Date: 27-03-2024 Date: 27-03-2024 Business: P. O. is on leave. Next Purpose: FRAMING ISSUES Next Hearing Date: 08-07-2024 Date: 08-07-2024 Business: Court is on Leave. Next Purpose: FRAMING ISSUES Next Hearing Date: 05-09-2024 Date: 05-09-2024 Business: Adv. Clive Dsouza for Plaintiff present. None for defendant present. Compliance dtd. 10.11.2021 is done vide Roznama dtd. 16.02.2022. Hence, Written Statement is already filed on record is t.o.r. and marked as Exh.7. Issues are framed at Exh.8. ISSUES 1. Whether the Plaintiff proves that, the Gift Deed dtd. 16.08.1999 and Deed of Confirmation dtd. 11.04.2011 are illegal, null and void and not binding on the Plaintiff 2. Whether the Defendants prove that, the Suit is barred by limitation 3. Whether the Plaintiff is entitled for the Decree of Permanent Injunction 4. What Order and Decree Matter stands adjourned on 27-11-2024 for framing issues. L. O. at 11.55 a.m. Adv. Isha Hanif for defendant present. Matter stands adjourned on 27-11-2024 for R/E. Next Purpose: RECORDING EVIDENCE Next Hearing Date: 27-11-2024 Date: 27-11-2024 Business: Adv. Clive D\''souza for Plaintiff present. Adv. Pravin Tembhekar for defendant present and application for leave to withdraw the undertaking dtd.01.03.2021. t.o.r. and marked as Exh.9. O - Seen and filed. Other side to file reply. Matter stands adjourned on 03-02-2025 for reply on Exh.9 Next Purpose: REPLY Next Hearing Date: 03-02-2025 Date: 03-02-2025 Business: CORAM - H.H.J. SMT. A. B. SHARMA (CR. 03) Adv. Clive D'Souza for Plaintiff present and seeking time to file reply on Exh.9. O - Time granted. Adv. Praveen Tembekar for defendant present. Matter stands adjourned on 11-04-2025 for filing reply. Next Purpose: REPLY Next Hearing Date: 11-04-2025 Date: 11-04-2025 Business: P.O. is on Leave. Next Purpose: REPLY Next Hearing Date: 30-06-2025 Date: 30-06-2025 Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03) Advocate Dsouza for Plaintiff present. Advocate G. R. Khot h/f Advocate Pravin Thembhekar for defendant present. Application at Exh.9 is not correct form hence, filed. The plaintiff has not filed documents like property card, share certificate, photo pass or equivalent documents in terms of Para 8, Chapter 2 of Civil Manual in respect of the suit property. Learned Advocate for plaintiff submits that he will file such documents with the evidence. Matter stands adjourned to 03-09-2025 for compliance/evidence. Next Purpose: COMPLIANCE Next Hearing Date: 03-09-2025 Date: 03-09-2025 Business: P. O. IS ON LEAVE. Next Purpose: COMPLIANCE Next Hearing Date: 07-11-2025 Date: 07-11-2025 Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03) Plaintiff present. Advocate Pravin Tembhekar for defendant present. Plaintiff failed to comply order 30.06.2025 hence, necessary order passed on next date. Matter stands adjourned for Order to 22.12.2025 Later on at 1.00 p.m. Advocate for plaintiff filed application at Exh-10. already adjourned. Matter stands already adjourned for Order to 22.12.2025 Next Purpose: ORDER Next Hearing Date: 22-12-2025 Date: 22-12-2025 Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03) Adv. Clive D'souza for Plaintiff present and filed draft notice of motion to set aside order dated 07-11-2025. Vide roznama dated 07-11-2025 no adverse or executable order is passed. Therefore this draft notice of motion deserves to be rejected. Accordingly stands rejected. It be registered for statistical purpose. Adv. Pravin Tembhekar for defendants no. 1 to 4 present. Kept Back. L.O. Adv. for the plaintiff present. He is heard on issue whether production of property card is necessary in terms of chapter II of civil manual. He submits that the suit is u/s 31 of specific relief act. The plaintiff is owner of land plot no. 459 bearing CTS no. 1368 and the suit is filed only to cancel a gift deed. Therefore there is no need to produce property card. He also referred order passed by hon'ble High Court on 03-05-2019. Considering his submission the matter is reserved to pass necessary order as to effect of non production of property card. Matter stands adjourned for order to 17-01-2026. L.O. Registered notice of motion no. 6807/2025 placed on record which is already disposed of today. Next Purpose: ORDER Next Hearing Date: 17-01-2026 Date: 17-01-2026 Business: CORAM - H.H.J. SHRI. S. M. BUKKE (CR. 03) Advocate Clive D’souza for Plaintiff present and submitted that he will produce the document a/w affidavit. Advocate Pravin Tembhekar for defendant Nos. 1 to 4 present. By consent, Matter stands adjourned for compliance to 16-02-2026. Next Purpose: COMPLIANCE Next Hearing Date: 16-02-2026 Date: 16-02-2026 Business: CORAM - H.H.J. SHRI. S. M. BUKKE (CR. 03) Advocate Clive D’souza for Plaintiff present and filed affidavit of evidence of plaintiff Vector Fernandes. Marked at Exh.. Advocate Pravin Tembhekar for defendant Nos. 1 to 4 present. Kept back. Later on at 1.40 pm. Ld. Advocate for plaintiff submitted that he will tender list of document on next date. Matter stands adjourned for filing of documents to 30-03-2026. Next Purpose: FILING AFFIDAVIT OF DOCUMENT Next Hearing Date: 30-03-2026 Date: 30-03-2026 Business: CORAM - H.H.J. SHRI. S. M. BUKKE (CR. 03) Advocate Clive Dsouza for Plaintiff present and filed list of document. Marked at Exh.11. Evidence affidavit tendered on last date at Exh.10. Copy served upon defendant. Advocate Gajanan Khot for defendant present. Matter stands adjourned for hearing on document to 11-06-2026. Next Purpose: HEARING Next Hearing Date: 11-06-2026 Date: 11-06-2026 Business: CORAM - H.H.J. SHRI. S. M. BUKKE (CR. 03) Advocate Dsouza for Plaintiff present. Advocate Gajanan Khot for defendant present and seeking time. Matter stands adjourned for hearing on documents to 09-07-2026. Next Purpose: HEARING Next Hearing Date: 09-07-2026 Date: 09-07-2026 Business: CORAM - H.H.J. SHRI. S. M. BUKKE (CR. 03) Advocate Dsousa for Plaintiff present. Advocate Pravin Tembhekar a/w Advocate Nutan Patel for defendant present. Kept back. Later on, at about 11.50 a.m., The defendant Nos.1 to 4 admitted document at Serial No.7 to 14. Therefore, the document at Serial No.7 photocopy of undated letter from defendant Nos.3 and 4 marked as Exhibit-12. The document at Serial No.8 photocopy of deed of gift dated 16.08.1999 and deed of confirmation marked as Exhibit-13colly. The document at Serial No.9 property card extract marked as Exhibit-14. The document at Serial No.10 photocopy of judgment dated 03.03.2012 marked as Exhibit-15. The document at Serial No.11 english translation marked as Exhibit-16. The document at Serial No.12 photocopy of judgment and order dated 25.07.2013 in revision marked as Exhibit-17. The document at Serial No.13 authenticated copy of judgment dated 03.05.2019 marked as Exhibit-18. The document at Serial No.14 photocopy of general power of attorney marked as Exhibit-19. All above photocopies Exhibited subject to proof of its contents by producing original. Document at Serial Nos.1 to 6 at Exhibit-11 not admitted by defendant. Matter stands adjourned for evidence of plaintiff to 17.08.2026. Next Purpose: RECORDING EVIDENCE Next Hearing Date: 17-08-2026 Date: 17-08-2026 Business: CORAM - H.H.J. SHRI. S. M. BUKKE (CR. 03) Advocate Dsouza for Plaintiff present. Advocate Nutan Patel for defendant present. defendant No. 3 is present. Kept back. Later on at 11.45 AM. Witness PW-1 Victor Fernandes is present. Examination in Chief of PW-1 Victor Fernandes by Advocate Dsouza for plaintiff is commenced. The Extract of Resolution dtd. 20.12.2025. It is marked as Exh.20. The Indenture of lease dtd. 09.09.1956. It is marked as Exh.21. The original hand written letter dtd. 14.07.1980 from Prisca Vaz to the plaintiff society. It is marked as Exh.22. The photocopy of Letter dtd. 16.03.1998 issued by plaintiff society to defendant No.1. It is photocopy. Further examination in chief deferred till next date. Matter stands adjourned for further examination in chief of PW to 08-10-2026. Next Purpose: RECORDING EVIDENCE Next Hearing Date: 08-10-2026
Additional Case Details
Additional Case Details
Filing Number: 112034/2019 Filing Date: 06-11-2019 First Hearing Date: 06th December 2019 Court Number And Judge: 3-COURT 03 ADDL SESSIONS JUDGE
Orders
0No order text is available in this record.
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