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NOTICE OF MOTION

Mr. Shivshankar Ramilal Halawai - Suit Stamp No.13537 of 2017VsRamakant Ramlal Halwai And Ors

CNR MHCC0100021320181-COURT 01 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 13th July 2018

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
100081/2018
Registration Date
06 Jan 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 11-01-2018
    Business: By precipe.
    Adv. Sagat Batavia for pltff present and tendered registered NM No.81/18 alongwith affidavit in support. TOR.
     He also tendered affidavit of service. TOR.
    Adjd for hearing on NM on 12.01.18.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 12-01-2018
    
    Date: 12-01-2018
    Reason For Adjournment: court time is over
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 15-01-2018
    
    Date: 15-01-2018
    Business: Adv. Sagar Batavia for pltff present.
      Heard LC for plaintiff. Though served, defendant no.1 and 2 remained absent. Plaintiff is apprehending their dispossession from the suit property. On perusal of the documents placed by plaintiff on record, prima-facie it seems that plaintiff is in possession of the suit property. Therefore, defendants are not expected to take law in their own hands. As such, interim order injecting the defendants no.1 and 2 from disturbing the peaceful possession of the plaintiff over the suit property is required to be passed. As such, following interim order is passed.
       Defendant nos.1 and 2 are hereby restricted till further orders in disturbing the peaceful possession of the plaintiff in the suit premises or to create third party interest therein.
       Plaintiff is directed to comply with order XXXIX, Rule3 of C.P.C. and file affidavit of fresh service r/o 24.01.18.
    Adjd for compliance by plaintiff on 24.01.18.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 24-01-2018
    
    Date: 24-01-2018
    Business: Adv. Sagar Batavia for pltff present.
    For want of time adjd on 08.03.18.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 08-03-2018
    
    Date: 08-03-2018
    Reason For Adjournment: court time is over
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 13-04-2018
    
    Date: 13-04-2018
    Reason For Adjournment: court time is over
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 05-07-2018
    
    Date: 05-07-2018
    Business: None present for the plff.
    None present for the deft.
    The plff has not made compliance for registration of the suit.
    Matter is adjd. to 13.07.2018 for dismissal order.
    Next Purpose: DISMISSAL
    Next Hearing Date: 13-07-2018
    
    Date: 13-07-2018
    Business: None present for the plff.
    The plff has not registered the suit and not made any compliance as per the order. Hence today ad-interim order passed on 15.01.2018 is hereby vacated and notice of motion no. 81/18 is hereby dismissed for default.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 13-07-2018

    Additional Case Details

    Additional Case Details
    Filing Number: 100292/2018
    Filing Date: 06-01-2018
    First Hearing Date: 11th January 2018
    Decision Date: 13th July 2018
    Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    13 Jul 2018
    Order Details: Notice of Motion
    Pdf Text: Page-1
    Back
    Daily Status
    IN THE COURT OF :COURT 1 ADDL SESSIONS JUDGE
    Case No. :NOTICE OF MOTION/0100081/2018
    Mr. Shivshankar Ramilal Halawai - Suit Stamp No.13537 of 2017 Vs Ramakant Ramlal Halwai And
    Ors
    Date : 13-07-2018
    Business : None present for the plff. The plff has not registered the suit
    and not made any compliance as per the order. Hence today
    ad-interim order passed on 15.01.2018 is hereby vacated and
    notice of motion no. 81/18 is hereby dismissed for default.
    Nature of Disposal : DISMISSED IN DEFAULT
    Disposal Date : 13-07-2018
    COURT 1 ADDL SESSIONS JUDGE
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