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NOTICE OF MOTION

Mithibai Narayan KoliVsVaishnav Sadan Co Soc. Ltd

CNR MHCC01000058201866-COURT 66 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHER
Decision Date: 28th January 2025

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
100054/2018
Registration Date
05 Jan 2018

Advocates

1

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Public Premises (Eviction of Unauthorised Occupants) Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 05-03-2018
    Reason For Adjournment: court time is over
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 28-03-2018
    
    Date: 28-03-2018
    Reason For Adjournment: court time is over
    Next Purpose: ORDER
    Next Hearing Date: 21-07-2018
    
    Date: 21-07-2018
    Business: Matter is adjd. to 31.08.2018 for reply on N/M No.54/18 / W/S.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 31-08-2018
    
    Date: 31-08-2018
    Business: Matter is adjd. to 31.10.2018 for steps by plff.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 31-10-2018
    
    Date: 31-10-2018
    Business: Adv. for plff. present.
    Adv. for deft. present.
    L.O. at 5.00 p.m
    Adv. for plff. present.
    adv. for deft. absent.
    Adv. for plff. filed draft Ch/S alongwith affidavit and sought to register it. TOR. Leave granted to register it.
    Matter is adjd. to. 18.01.2019 for reply on N/M No.54/18 and reply to draft Ch/s.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 18-01-2019
    
    Date: 18-01-2019
    Business: Matter is adjd. to. 13.03.2019 for report of service on Ch/sum and reply to Ch/sum
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 13-03-2019
    
    Date: 13-03-2019
    Business: Matter is adjd. to. 29.04.2019 for reply to Ch/sum No.119/19.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 29-04-2019
    
    Date: 29-04-2019
    Business: Not on board. Taken on board.
    Government has declared holiday on 29.04.19 on account of General Election. Hence, Matter taken on todays board and adjourned.
    Matter is adjd. to 18.06.19  for Chs Reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 18-06-2019
    
    Date: 18-06-2019
    Business: As court busy in hearing time bound Misc appeal 114/19 to 130/19. Hence board is discharged.
    Matter is adjd. to. 06/08/2019  for Ch/s Reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 06-08-2019
    
    Date: 06-08-2019
    Business: As court is vacant hence board is discharged.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 20-09-2019
    
    Date: 20-09-2019
    Business: Matter called out(4.17pm)
    None present.
    Matter is adj for reply on C/S on 16/11/19.
    Next Purpose: C/S REPLY
    Next Hearing Date: 16-11-2019
    
    Date: 16-11-2019
    Reason For Adjournment: court time is over
    Next Purpose: C/S REPLY
    Next Hearing Date: 17-01-2020
    
    Date: 17-01-2020
    Business: Matter is called out at 4.59pm
    Adv.Jayesh Gawde for applicant present.
    Heard Ld.Adv.for the applicant.
    The reason for delay is assign that, the death of plaintiff took place at Mumbai and other ceremony were performed at native place.  In my view, the applicant assign sufficient reason.  The right to sue survive against the applicant hence, in my view C/S No.119/19 needs to be made absolute. Thus, I proceed to pass the order.
    ORDER.
    1.Chamber Summons No.119 of 2019 is made absolute in terms of prayer clause (a) and (b).
    2. Plaintiff to carryout amendment as per schedule within 14 days from the date of order.
    3.Plaintiff to bear cost of Chamber Summons.
    4.Chamber Summons No.119 of 2019 is disposed off accordingly.
    Matter is adj to 17/03/2020 for compliance/NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-03-2020
    
    Date: 17-03-2020
    Business: None for plaintiff.
    None for defendants.
    In view of the advisory to subordinate courts and office order no. 66 /2020 of Hon\''ble Principal Judge, Bombay City Civil Court in the back drop of outbreak of coronavirus (2019-Ncov) the matter is adjourned.
    Adjd to   17-06-2020  for compliance
    Next Purpose: COMPLIANCE
    Next Hearing Date: 17-06-2020
    
    Date: 17-06-2020
    Business: Case is adjd . In view of declaration of Noval Corona Virus COVID 19
    Next Purpose: COMPLIANCE
    Next Hearing Date: 18-09-2020
    
    Date: 18-09-2020
    Business: In view of the Standard Operating Procedure laid down by Honble Bombay High Court vide circulars dtd. 03.06.2020, 05.09.2020, 10.09.2020 in the wake of spread of COVID-19 pandemic the matter is adjourned owing to absence of the parties.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 11-11-2020
    
    Date: 11-11-2020
    Business: In view of the Standard Operating Procedure laid down by Hon\''ble Bombay High Court vide circulars dtd. 03.06.2020, 05.09.2020, 10.09.2020 in the wake of spread of COVID-19 pandemic the matter is adjourned owing to absence of the  parties.
    Adjd to 03.02.2021 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 03-02-2021
    
    Date: 03-02-2021
    Business: Adv. Jayesh Tawde for plaintiff present.
    None for defendants.
    On oral request of Ld. Adv. for plaintiff matter is adjourned.
    Adjd to 07.04.2021 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 07-04-2021
    
    Date: 07-04-2021
    Business: Court is on leave, hence board is discharged.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-06-2021
    
    Date: 17-06-2021
    Business: Nobody present.
    Due to Covid-19 pandemic, adjd. to 27.07.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 27-07-2021
    
    Date: 27-07-2021
    Business: Nobody present.
    Due to COVID-19 pandemic, matter is adjourned.
    Adjd for NM reply to 07/10/2021
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 07-10-2021
    
    Date: 07-10-2021
    Business: Adv. Jayesh Gawde For plaintiff present.
    Adv. For defendant present and seeks time to file reply to the notice of motion filed in the year 2018 by plaintiff.
    Defendant appeared on 21.07.2018 thereafter on 31.08.2018 it was informed that plaintiff expired.
    Plaintiff took steps and the chamber summons of plaintiff was allowed on 17.01.2020. Plaintiff carried out amendment on 30.01.2020.
    The court started regularly working since 02.08.2021 the suit was fixed for today\''s date as per roznama dt. 27.07.2021. The defendant may file reply if they desire so on next date failing which NM pending since 2018 will be heard and decided without reply.
    Adjd for NM reply/NM hearing to 27/10/2021
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 27-10-2021
    
    Date: 27-10-2021
    Business: Court is on leave
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 12-01-2022
    
    Date: 12-01-2022
    Business: Court is on leave
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 01-03-2022
    
    Date: 01-03-2022
    Business: Adv. For plaintiff present.
    None for defendant.
    Adjd for NM reply to 29/04/2022
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 29-04-2022
    
    Date: 29-04-2022
    Business: Dt.29/04/2022
    Suit 2143/17
    NM 54/18
    IN THE COURT OF H.H.J. SMT. S. S. NAGUR JUDGE CITY CIVIL COURT C.R. NO. 66
    Adv. Pratik Ingle for defendant present.
     Adjd for NM reply to 21-07-2022.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 21-07-2022
    
    Date: 21-07-2022
    Business: Adv. Jayesh Gawde for plaintiff present.
    None for defendant.
    Considering Roznama dated 07.10.2021, my Ld. Predecessor had given one opportunity to the defendant for filing NM reply. Thereafter, four dates are passed, but NM reply is not filed. Hence, No Reply Order is passed in NM.
    Matter is adjd.to  13/09/2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-09-2022
    
    Date: 13-09-2022
    Business: Adv. Jayesh Gavade for plaintiff present.
    Adv. Prashant Goyel for defendant present and prayed for adjournment on the ground of settlement talks between the parties - allowed
    Matter is adjd.to 14-10-2022 for NM Hrg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-10-2022
    
    Date: 14-10-2022
    Business: matter is adjourned to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-11-2022
    
    Date: 05-11-2022
    Business: None for plaintiff.
    Adv. Pratik Ingale for defendant present.
    Draft NM is not collected for registration.  Time is extended for registration of draft NM.
    Matter is adjd.to  12-01-2023 for filing registered NM by deft.and hrg in NM No.  54/18
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-01-2023
    
    Date: 12-01-2023
    Business: matter is adjourned to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-03-2023
    
    Date: 18-03-2023
    Business: matter is adjourned to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-05-2023
    
    Date: 03-05-2023
    Business: matter is adjourned to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-07-2023
    
    Date: 24-07-2023
    Business: Adv. Jayesh Gawde for plaintiff present.
    Adv. Pratik Ingale for defendant present and seek time for hearing. Time granted till next date.
    The plaintiff served copy of n/m reply to defendant no. 1.
    Matter adjourned for hearing om n/m nos. 4691 of 2022 and 54 of 2018 to 11/10/2023.
    Next Purpose: HEARING
    Next Hearing Date: 11-10-2023
    
    Date: 11-10-2023
    Business: Adv. Gawade for plaintiff present.
    Adv. Pratik Ingale for defendant present.
    Court is busy in dictating judgment in Suit No.92/1987 hence, board is discharged.
    Matter adjourned for hearing to 12-12-2023.
    Next Purpose: HEARING
    Next Hearing Date: 12-12-2023
    
    Date: 12-12-2023
    Business: Adv.  Jayesh Gawde for plaintiff present.
    None For defendant present.
    Matter lastly adjourned for NM hearing.
    Matter adjourned for NM hearing to 02/02/2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-02-2024
    
    Date: 02-02-2024
    Business: None For plaintiff present.
    None For defendant present.
    Matter adjourned for NM hearing to 12/03/2024.
    L. O.
    None for plaintiff present.
    Adv. Pratik Ingale for defendant present.
    Already matter adjourned for NM hearing to 12/03/2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-03-2024
    
    Date: 12-03-2024
    Business: Adv.Jayesh Gawde For plaintiff present.
    Adv. Pratik Ingle For defendant present.
    Heard both adv on NM 4691/2022.
    Matter adjourned for NM Order to 21.03.2024.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 21-03-2024
    
    Date: 21-03-2024
    Business: None  For plaintiff present.
    None For defendant present.
    Matter adjourned for NM order  no. 4691 of 2022 to 08/04/2024.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 08-04-2024
    
    Date: 08-04-2024
    Business: None For plaintiff present.
    None For defendant present.
    Matter adjourned for NM hearing to 22/07/2024.
    L. O.
    Adv. Jayesh Gawade for plaintiff present.
    Matter already adjourned for NM hearing to 22/07/2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-07-2024
    
    Date: 22-07-2024
    Business: Adv. Jayesh Gawade For plaintiff present.
    Adv. Pratik Ingale For defendant present.
    With consent matter adjourned for NM argument to 02/09/2024.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 02-09-2024
    
    Date: 02-09-2024
    Business: Adv.   Jayesh Gawde for plaintiff present.
    Adv. Sudhir a/w Pratik Ingale for defendant present.
    Court is busy in other matter.
    Matter adjourned for NM argument to 06/09/2024.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 06-09-2024
    
    Date: 06-09-2024
    Business: Adv.  Jayesh Gawade for plaintiff present.
    Adv. Pratik Ingale for defendant present.
    Court is busy in other matter.
    Matter adjourned for NM argument to 01/10/2024.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 01-10-2024
    
    Date: 01-10-2024
    Business: Adv. Jayesh Gawde For plaintiff present.
    Adv. Jasmit Kaur for defendant present filed written notes of argument on notice of motion no. 4691 of 2022.
    Court is busy in other matter.
    Matter adjourned for NM argument to 17/10/2024 at 2.45 PM.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 17-10-2024
    
    Date: 17-10-2024
    Business: None for plaintiff present.
    Adv. For defendant present and filed copy of citation.
    Plaintiff failed to argue.
    Matter adjourned for NM order no. 4691 of 2022 to 08/11/2024.
    L. O.
    Adv. Jayesh Gawade for plaintiff present and filed application. Taken on record.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 08-11-2024
    
    Date: 08-11-2024
    Business: None for plaintiff present.
    Adv. for defendant present. Kept back..
    L. O.
    Adv. Hardik Desai for plaintiff present and filed written notes of argument. Taken  on record.
    Matter adjourned for NM order/ reply to 02/12/2024.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 02-12-2024
    
    Date: 02-12-2024
    Business: Adv. Jayesh Gawde For plaintiff present.
    None For defendant present.
    Kept Back..
    The original plaintiff pleads that she was in possession of suit premises situated in old building known as Poonawala Mansion which is demolished in year 1979. Therefore the plaintiff to explain description of the suit premises in respect of which suit is instituted.  Moreover the plaintiff pleads that the original owner had written a letter recognising her rights. Such rights are not recognised by MHADA. Therefore the plaintiff to submit whether this court has jurisdiction to grant such relief.  The plaintiff to also file copy of amended plaint.
    Matter adjourned for compliance to 07/12/2024.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 07-12-2024
    
    Date: 07-12-2024
    Business: None present.
    Plaintiff failed to comply, hence kept for necessary order.
    Matter adjourned for order to 28/01/2025.
    Next Purpose: ORDER
    Next Hearing Date: 28-01-2025
    
    Date: 28-01-2025
    Business: None present. Kept back..
    later on at 4.04 PM..
    Same appearance..
    The plaintiff failed to comply directed dated 02/12/2024, hence suit stands dismissed for want of prosecution. Accordingly both notice of motion stands disposed of.
    Later on at 5.13 PM..
    Adv. Pratik Ingle for defendant present.
    Nature Of Disposal: OTHER
    Disposal Date: 28-01-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 100058/2018
    Filing Date: 04-01-2018
    First Hearing Date: 05th March 2018
    Decision Date: 28th January 2025
    Court Number And Judge: 66-COURT 66 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    28 Jan 2025
    Order Details: Notice of Motion
    Pdf Text: 28/01/2025
    SR. NO. 4
    CORAM : HIS HONOR JUDGE SHRI. U. C. DESHMUKH
    (C. R. No. 66)
    SU 2143/2017
    NM 4691/2022
    NM 54/2018
    None present. Kept back..
    later on at 4.04 PM..
    Same appearance..
    The plaintiff failed to comply directed dated 02/12/2024,
    hence suit stands dismissed for want of prosecution.
    Accordingly both notice of motion stands disposed of.
    Later on at 5.13 PM..
    Adv. Pratik Ingle for defendant present.
    Judge
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