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NOTICE OF MOTION

Mohammed Shahid Jamal ShaikhVsSuresh Rambhau Dange

CNR MHCC0100049820182-COURT 02 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--ALLOWED
Decision Date: 04th July 2018

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
100148/2018
Registration Date
11 Jan 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Petitioner

    1. 1Mohammed Shahid Jamal Shaikh

    Respondent

    1. 1Suresh Rambhau Dange

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 30-01-2018
Business: Plaintiff present.
Adv. Mr. Pathak for plaintiff present.
He tendered registered NM 148/18.  He also filed affidavit of service.
None for defendant.
Adjd. to 17.03.2018  for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-03-2018

Date: 17-03-2018
Business: Adv. Mr. Pal for plaintiff present.
It is observed that the affidavit of service which the advocate of plaintiff has filed on 30.1.2018 does not contain the original envelope and tracing report to prove that the defendant has been duly served.  The advocate of plaintiff is directed to produce the original on next date.
Adjd to 27.4.2018 for N/M service/ reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-04-2018

Date: 27-04-2018
Business: As Court is busy in dictating orders in N/M and Chamber Summons, board discharged.
Adjd to 4.7.2018 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-07-2018

Date: 04-07-2018
Business: Adv.  Pal  @ Adv. Sarang Pathak for Plaintiff present.
Order below Notice of Motion no. 148/18
 Perused the Notice of Motion which is supported by an affidavit.
None appeared for the original defendants.
The applicant has filed the affidavit of service.
I have perused the order dated 18/7/2016.
On perusal of the said order, it no where reflects that the suit is disposed of. I have also perused the order dated 12/10/2015 .
Without going into the merits of this Notice of Motion , admittedly now the plaintiff has removed the office objections. The plaintiff at this stage is only pressing for reliefs as per prayer clause (b) and (c). The plaintiff is ready to contest the suit on merits. Hence, considering the overall circumstances, I pass the following order.
Order
Notie of motion no. 148 of 18 is allowed and made absolute in terms of prayer clause (b) and (c) subject to the conditions that the plaintiff shall pay the costs of Rs.2000/- to DLSA, Mumbai within a period of two weeks from today. N/M is disposed of accordingly.
Nature Of Disposal: ALLOWED
Disposal Date: 04-07-2018

    Additional Case Details

    Additional Case Details
    Filing Number: 100583/2018
Filing Date: 11-01-2018
First Hearing Date: 30th January 2018
Decision Date: 04th July 2018
Court Number And Judge: 2-COURT 02 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    04 Jul 2018
    Order Details: Other
Pdf Text: 04.07.2018
SU 2860/17
Disp.of suit
CORAM: H. H. J. SHRI.KISHORE M.JAISWAL (CR. NO. 02)
Adv. Pal @ Adv. Sarang Pathak for Plaintiff present.
Order below Notice of Motion no. 148/18
Perused the Notice of Motion which is supported by an affidavit.
None appeared for the original defendants.
The applicant has filed the affidavit of service.
I have perused the order dated 18/7/2016.
On perusal of the said order, it no where reflects that the suit is
disposed of. I have also perused the order dated 12/10/2015 .
Without going into the merits of this Notice of Motion , admittedly
now the plaintiff has removed the office objections. The plaintiff at
this stage is only pressing for reliefs as per prayer clause (b) and
(c). The plaintiff is ready to contest the suit on merits. Hence,
considering the overall circumstances, I pass the following order.
Order:
Notie of motion no. 148 of 18 is allowed and made absolute in
terms of prayer clause (b) and (c) subject to the conditions that the
plaintiff shall pay the costs of Rs.2000/ to DLSA, Mumbai within a
period of two weeks from today. N/M is disposed of accordingly.
Judge
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