CBD Belapur, Navi Mumbai +91 91373 40133 advkiranmulik@gmail.com

Civil Litigation

Representation in civil disputes before City Civil Courts, District Courts, and the Bombay High Court — from pre-litigation advisory through to judgment and execution.

Overview

The Counsel represents clients in a wide range of civil disputes before courts and authorities in Navi Mumbai, Thane, and Mumbai. Services cover the full spectrum of civil litigation — from initial consultation and pre-litigation notice drafting through to filing, trial, judgment, and execution of decrees.

Strategic pre-litigation advice is provided to help clients assess their legal position, understand available remedies, and make informed decisions before initiating court proceedings. Where appropriate, alternative dispute resolution through mediation is explored before or during litigation.

Services

Recovery Suits (Money Decrees)
Injunction Applications
Declaration Suits
Specific Performance of Contracts
Partition Suits
Possession Suits
Easement & Right-of-Way Disputes
Contract Dispute Resolution
Legal Notices & Replies
Execution of Decrees

Civil Litigation Process

Civil suits in India are governed by the Code of Civil Procedure, 1908. The following outlines the general flow of a civil suit:

1

Pre-Litigation — Legal Notice

In most civil matters, a legal notice is issued to the opposite party before filing suit. This establishes the claim, gives the other side an opportunity to respond, and is often a prerequisite (e.g., in recovery matters).

2

Plaint Filed in Court

The suit is filed by presenting a plaint — the written statement of the plaintiff's claim — before the appropriate court. Court fees are paid based on the value of the suit.

3

Summons & Written Statement

The court issues summons to the defendant. The defendant files a written statement in reply to the plaint, admitting or denying the claims.

4

Interim Relief (if needed)

If urgent, applications for temporary injunction, attachment before judgment, or other interim reliefs are filed and heard separately.

5

Issues Framed

The court frames the issues — the specific legal and factual questions to be decided — based on the pleadings of both parties.

6

Evidence & Trial

Both parties lead evidence through documents and witness examination. Cross-examination follows each witness's examination-in-chief.

7

Arguments & Judgment

Final arguments are submitted (written and oral). The court delivers its judgment and passes a decree.

8

Execution of Decree

After judgment, if the decree is not complied with voluntarily, execution proceedings are initiated to enforce the court's order.

Limitation Periods — Quick Reference

Civil suits must be filed within the limitation period specified under the Limitation Act, 1963. Filing after the limitation period may result in the suit being dismissed.

Type of SuitLimitation PeriodStarts From
Recovery of money (contract)3 yearsDate of breach or default
Specific performance of contract3 yearsDate fixed for performance
Declaration (title/status)3 yearsDate right is denied
Possession of immovable property12 yearsDate of dispossession
Partition suit12 yearsDate of adverse possession
Injunction3 yearsDate cause of action arises

Consult Early

Limitation periods are strictly enforced. If you believe you have a civil claim, consult an advocate promptly to ensure your right to sue is preserved.

Applicable Legislation

  • Code of Civil Procedure, 1908
  • Limitation Act, 1963
  • Specific Relief Act, 1963
  • Transfer of Property Act, 1882
  • Indian Contract Act, 1872
  • Maharashtra Land Revenue Code

Frequently Asked Questions

What is an injunction and when can it be obtained?
An injunction is a court order restraining a party from doing (or compelling a party to do) a specific act. A temporary injunction can be obtained at the beginning of the suit to maintain the status quo. A permanent injunction is granted as final relief after trial. To obtain a temporary injunction, the applicant must show a prima facie case, balance of convenience in their favour, and that irreparable harm would result if the injunction is not granted.
Can civil disputes be resolved through mediation?
Yes. Under Section 89 of the Code of Civil Procedure, courts can refer disputes to mediation, Lok Adalat, or arbitration. Many civil disputes — particularly those involving ongoing relationships, property, or commercial matters — are resolved through court-annexed or private mediation, saving time and costs for both parties.
What is specific performance of a contract?
Specific performance is a remedy under the Specific Relief Act, 1963 where the court orders a party to perform their contractual obligation rather than just paying damages. It is most commonly sought in property transactions where a seller refuses to execute the sale deed after having agreed to sell. The Specific Relief (Amendment) Act, 2018 made specific performance a default remedy in most cases.
What is a partition suit?
A partition suit is filed when co-owners (typically family members who jointly inherited property) cannot agree on how to divide their shared property. The court determines each party's share and either divides the property (if physically divisible) or orders a sale and division of proceeds. Partition can also be effected through a registered partition deed without court intervention if all parties agree.