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
1For Petitioner
For Respondent
Not available
Parties
2Petitioner
Respondent
Acts & Sections
1Public 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
1Final Order 128 Jan 2025
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 -- 1 of 1 --
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