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NOTICE OF MOTION

Haresh S. JainVsKusum A. Malur

CNR MHCC01000506201813-COURT 13 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 30th June 2022

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
100150/2018
Registration Date
11 Jan 2018

Advocates

1

For Petitioner

    Not available

    For Respondent

    Parties

    2

    Petitioner

    1. 1Haresh S. Jain

    Respondent

    1. 1Kusum A. Malur

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 11-06-2018
    Business: Adv. for plff. absent.
    Adv. for Deft present.
    Adjd to 27/11/18 for NM hearing.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 27-11-2018
    
    Date: 27-11-2018
    Business: Court is vacant.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 11-03-2019
    
    Date: 11-03-2019
    Business: Adv. Shrutika Lakhan for plaintiff present.
    Adv. Kishore N. Shriyan for defendant present.
    Adjd for NM arguments to 24/06/2019.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 24-06-2019
    
    Date: 24-06-2019
    Business: Adv. Shrutika Lakhan for plaintiff present.
    Adv. Bhavika Thingalaya I/b Adv. Shriyan for defendant present.
    Adjd for NM argument to 23/09/2019.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 23-09-2019
    
    Date: 23-09-2019
    Business: Court is on leave.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 26-11-2019
    
    Date: 26-11-2019
    Business: Court is on leave.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 07-02-2020
    
    Date: 07-02-2020
    Business: Adv. Pallavi Siddhapathaki for plaintiff present.
    Adv. Bhavika Thindalaya I/b Adv. Shriyan for defendant present.
    Adjd for NM arguments to 27/04/2020.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 27-04-2020
    
    Date: 27-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 18-05-2020
    
    Date: 18-05-2020
    Business: National Lock Down
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 05-06-2020
    
    Date: 05-06-2020
    Business: National lockdown
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 23-06-2020
    
    Date: 23-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 23-07-2020
    
    Date: 23-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 21-09-2020
    
    Date: 21-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 08-12-2020
    
    Date: 08-12-2020
    Business: Nobody present.
    Adjd for NM arguments to 26/02/2021.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 26-02-2021
    
    Date: 26-02-2021
    Business: Adv. Pallavi Siddhapathak for plaintiff present.
    Adv. Kishor Shriyan for defendant present.
    KB L.O. at 4.38 pm
    Heard Ld adv for defendant. He submitted that one citation is filed in NM no. 145 of 2018 and same be considered in this matter.
    Matter adjd for NM hearing by plaintiff to 22-03-2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-03-2021
    
    Date: 22-03-2021
    Business: Adv. Lakhan for plaintiff present.
    Adv. Bhavika for defendant present.
    Ld adv for plaintiff seeks time for NM hearing. Time granted till next date.
    Matter adjd for NM hearing to 15-04-2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-04-2021
    
    Date: 15-04-2021
    Business: The Hon''ble Principal Judge of City Civil and Sessions Court, Gr. Bombay as per Office Order No. 79/2021 dtd. 12.04.2021 in pursuance of the Hon''ble Bombay High Court Letter No. Insp/I/32/2021 dtd. 12.04.2021 declared holidays for the court on Thursday 15.04.2021 and Friday 16.04.2021 so as to take precautionary measures and to break the chain of Corona virus.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-07-2021
    
    Date: 09-07-2021
    Business: P.O. is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-09-2021
    
    Date: 15-09-2021
    Business: P.O. is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-11-2021
    
    Date: 09-11-2021
    Business: Adv. Shrutika Lakhan for plaintiff present.
    Adv. Bhavika I/b Kishor Shriyan for defendant present.
    Due to change in assignment, mater is kept for NM Hearing.
    Matter Adjd for NM Hearing on 04/01/2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-01-2022
    
    Date: 04-01-2022
    Business: Adv. Lakhan for plaintiff present.
    Adv. Kishore Shriyan for defendant present.
    Heard Ld. Adv. for defendant and part argument of Plaintiff.
    Matter Adjd for further argument of plaintiff on 25/01/2022.
    Next Purpose: NM  ARGUMENTS P.H.
    Next Hearing Date: 25-01-2022
    
    Date: 25-01-2022
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM  ARGUMENTS P.H.
    Next Hearing Date: 01-03-2022
    
    Date: 01-03-2022
    Business: Adv. Shruitika Lakhan for plaintiff present.
    Adv. Bhavika for defendant present.
    Time sought by Adv. for plaintiff.
    Matter Adjd for further NM Argument on 28/03/2022.
    Next Purpose: NM  ARGUMENTS P.H.
    Next Hearing Date: 28-03-2022
    
    Date: 28-03-2022
    Business: Adv. Shrutika Lakhan for plaintiff present.
    Adv. Bhavika for defendant present.
    Ld. Adv. for plaintiff sought time.
    Matter Adjd for further argument of plaintiff on NM to 26/04/2022.
    Next Purpose: NM  ARGUMENTS P.H.
    Next Hearing Date: 26-04-2022
    
    Date: 26-04-2022
    Business: P. O. is on leave.
    Next Purpose: NM  ARGUMENTS P.H.
    Next Hearing Date: 13-06-2022
    
    Date: 13-06-2022
    Business: None present for plaintiff.
    Adv. Bhavika for defendant present.
    KB.
    Later on at 04.05 pm.
    Plaintiff absent till 04.05 pm. Failed to argue further. Hence the plaintiff argument is closed.
    Matter Adjd for NM Order on 30/06/2022.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 30-06-2022
    
    Date: 30-06-2022
    Business: None present for plaintiff.
    Adv. Bhavika for defendant present.
    F.R.S.R. following order in Notice of Motion No.150 of 2018 in Disposed Summary Suit no.120 of 2014 is passed-
    ORDER
    1. The Notice of Motion No.150 of 2018 is allowed.
    2. The delay in taking out Notice of motion for setting aside      ex-parte order and decree dt.20.07.2017 is condoned and judgment and decree dt.20.07.2017 is set aside subject to cost of Rs.5000/- to be paid to the plaintiff within two months of this order.
    3. After payment of cost the judgment and decree in disposed of Suit No.120 of 2014 will be set aside.
    4. Parties to bear their own costs.
    Nature Of Disposal: ALLOWED
    Disposal Date: 30-06-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 100565/2018
    Filing Date: 11-01-2018
    First Hearing Date: 11th June 2018
    Decision Date: 30th June 2022
    Court Number And Judge: 13-COURT 13 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    30 Jun 2022

    Order Details: Notice of Motion Pdf Text: MHCC010005062018 CNR NO. MHCC010005062018 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY NOTICE OF MOTION NO.150 OF 2018 IN DISPOSED OFF SUIT NO.120 OF 2014 Haresh Jain ]… Plaintiff. V/s. Badrinath R. ]... Defendant. Appearances : Ld. Adv. Mr. Kishore Jain for plaintiff. Ld. Adv. Ms. Bhavika for defendant. CORAM : HIS HONOUR JUDGE SMT. R.K. KSHIRSAGAR (C.R.No.13) DATED : 30th June, 2022 ORAL ORDER 1. The present Notice of Motion is taken…

    Read Full Order

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