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NOTICE OF MOTION

Khimji H. Bharapuria and OrsVsPandurang Gajanan Naik And Ors

CNR MHCC0100050720187-COURT 07 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--OTHER
Decision Date: 27th January 2020

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
100151/2018
Registration Date
11 Jan 2018

Advocates

1

For Petitioner

    Not available

    For Respondent

    Parties

    2

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 25-01-2018
    Business: Adv.D.S.Jain Present for the Plff.
    Adv. Niten Shukla Present for the Deft no. 1 and 4.
    Deft no. 1 to 4 filed registered NM 151/18, 4401/17.
    On the Oral request of the Ld counsel for the plff Adj. granted for file reply to NM 151/18, 4401/17.
    Adj. for reply of NM 151/18, 4401/17 on 28/02/2018.
    Next Purpose: REPLY
    Next Hearing Date: 28-02-2018
    
    Date: 28-02-2018
    Business: Adv. Ashok Jain Present for the Plff.
    Adv.Nitin Shukla Present for the Deft.no.1 and 4.
    Adv. for Plff filed Draft NM alongwith affidavit. t.o.r.
    Order- Heard. NM be registered. Copy supplied to deft no. 1 to 4. copy of served upon otherside for reply on 02/04/2018.
    LD counsel for the plff sought time to file reply to NM 4401/17 and 151/18.
    Adj. for reply of NM on 04/04/2018
    Next Purpose: REPLY
    Next Hearing Date: 04-04-2018
    
    Date: 04-04-2018
    Business: Adv. Jain Present for the Plff.
    Adv. Niteen shukla Present for the Deft.no. 1 and 4.
    Ld counsel for the Plff filed reply of NM 151/18, 4401/17. t.o.r. copy served to Deft.
    NM t.o.r Ld counsel for the Plff on 28/02/2018 is not registered and therefore time extended till 08/06/2018 meanwhile copy of unregistered NM be supply to the otherside so as they will be ready with their reply.
    LD counsel for the plff prayed for search and inspection of the record. Granted.
    Adj. for Hearing of NM 151/18, 4401/17 and reply of unregistered NM on 08/06/2018.
    Next Purpose: REPLY
    Next Hearing Date: 08-06-2018
    
    Date: 08-06-2018
    Business: Adv Ashok Jain for plff present.
    Adv Mr.Shukla for deft present.
    Adv for plff seeking time to file reply.
    Adjd to 11/7/2018 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 11-07-2018
    
    Date: 11-07-2018
    Business: Adv. Shri Jain for plft present
    none for deft.
    Adv. for plft. Tendered on record registered n/m no.1407/18 along with Affidavit.
    Adjd to rejoinder for n/m on 30/08/2018
    Next Purpose: REJOINDER
    Next Hearing Date: 30-08-2018
    
    Date: 30-08-2018
    Business: Adv. Ashok Jain for Plaintiff Present.
    Adv. Shukla for defendant nos. 1 and 4 Present and filed reply to N.M. 1407/18 and rejoinder in N.M. No. 4401/17 and N.M. No. 151/18 are t.o.r.
    None present for other defendants.
    Copy served on other sides.
    Adjd to 25/09/2018 for rejoinder
    Next Purpose: REJOINDER
    Next Hearing Date: 25-09-2018
    
    Date: 25-09-2018
    Business: Adv. Dipesh Jain for Plaintiff no. 2 Present and filed sur-rejoinder in three N.M. nos. 151/18, 1407/17 , 4401/17  are t.o.r.
    Adv. Nitin Shukla for defendant nos. 1 and 4 Present.
    Adjd ot 02/11/2018 for hearing on N.M
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-11-2018
    
    Date: 02-11-2018
    Business: As Court is busy in dictating order in N.M. No. 374/2017 and ch/su no. 1798 of 2015, Hence Board is discharge. Adjd to 19/12/2018 for hearing on N.M
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-12-2018
    
    Date: 19-12-2018
    Business: Court is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-02-2019
    
    Date: 11-02-2019
    Business: Adv. Mr. Ashok Jain for Plaintiff Present.
    Adv. Mr. Nitin Shukla for defendant nos. 1 to 4 Present.
    Heard arguments of both sides on N.M. 1407/18 and N.M 4401/17.
    Adjd to 05/03/2019 for Order on N.M 1407/18 and N.M 4401/17
    Next Purpose: NM  ORDERS
    Next Hearing Date: 05-03-2019
    
    Date: 05-03-2019
    Business: Adv. Dinesh Jain for Plaintiff Present. Son of Defendant no.1 Present. F.R.S.R. following order is passed ORDER on N.M No. 1407/2018. 1. Notice of Motion No.1407 of 2018 is allowed. 2. Plaintiff is allowed to file additional affidavit of evidence and additional documents. 3.Notice of Motion No.1407 of 2018 stands disposed of accordingly. F.R.S.R. following order is passed
    ORDER on N.M No 4401/17.1.Notice of Motion No. 4401 of 2017 is allowed.2. Exparte order dated 16.09.2015 passed against defendant no.4 is set aside on cost of Rs.5,000/- payable to the plaintiff.3.Notice of Motion No.4401 of 2017 stands disposed of accordingly.  Adjd to 02/04/2019 for hearing on N.M 151/18
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-04-2019
    
    Date: 02-04-2019
    Business: Adv. Ashok Jain for Plaintiff Present and filed additional affidavit of P.W. 1 alongwith additional Compilation of documents as per order in N.M. 1407/18 are t.o.r. and marked as Exh. 5-A and Exh. 6-A.
    None Present for Defendant.
    Adjd to 12/06/2019 for admissibility of documents and hearing on N.M
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-06-2019
    
    Date: 12-06-2019
    Business: Adv. for plff present.
    Deft. no. 4 present. Adv. for deft not present.
    Deft\''s n/m 151/18 is pending for argument since long.
    KB for hearing.
    LO
    Adv. M.K. Tanna i/b Ms A.V Jain associates for plff present.
    Heard adv. for plff. on n/m 151/18
    Adjd. for argument of deft, in default, n/m order to 28.06.2019
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-06-2019
    
    Date: 28-06-2019
    Business: Adv. Dipesh Jain for plff present.
    Adv. Nitin Shukla for deft no. 1 and 4 present.
    Court is busy in dictating judgment in SU 9784/82, Hence, adjd. to 08.08.2019 for affidavit of service.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-08-2019
    
    Date: 08-08-2019
    Business: P.O. is on Training.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-09-2019
    
    Date: 18-09-2019
    Business: P.O. is on Leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-11-2019
    
    Date: 11-11-2019
    Business: Matter called out(2.55pm)
    Adv.Maulik Tanna i/b A.Y.Jain and Assoc. for plaintiff present.
    Defendant no.1 in person present he inform that his advocate miss the date today therefore, seeking time. Time granted by way of last chance. It is made clear to the defendant no.1 that in the event his advocate failed to argued the motion, motion will be dismissed without reference to the court.
    Matter is adj to 11/12/19 for hearing on N/M.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-12-2019
    
    Date: 11-11-2019
    Business: Matter called out(2.55pm)
    Adv.Maulik Tanna i/b A.Y.Jain and Assoc. for plaintiff present.
    Defendant no.1 in person present he inform that his advocate miss the date today therefore, seeking time. Time granted by way of last chance. It is made clear to the defendant no.1 that in the event his advocate failed to argued the motion, motion will be dismissed without reference to the court.
    Matter is adj to 11/12/19 for hearing on N/M.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-12-2019
    
    Date: 11-12-2019
    Business: Matter is called out at 3.05pm
    Adv.Maulik Tanna i/b A.Y.Jain and Assoc. for plaintiff present.
    Advocate for defendant no.1 and 4 present.
    Heard both the side.
    Ld.adv.for defendant wanted to sight certain judgment. However, court is having final hearing Suit No.6822/79, 6823/79, 6824/79 and 6826/79 therefore, matter adj to 13/12/19.
    Matter is adj to 13/12/19 for N/M argument P.H.
    Next Purpose: NM  ARGUMENTS P.H.
    Next Hearing Date: 13-12-2019
    
    Date: 11-12-2019
    Business: Matter is called out at 3.05pm
    Adv.Maulik Tanna i/b A.Y.Jain and Assoc. for plaintiff present.
    Advocate for defendant no.1 and 4 present.
    Heard both the side.
    Ld.adv.for defendant wanted to sight certain judgment. However, court is having final hearing Suit No.6822/79, 6823/79, 6824/79 and 6826/79 therefore, matter adj to 13/12/19.
    Matter is adj to 13/12/19 for N/M argument P.H.
    Next Purpose: NM  ARGUMENTS P.H.
    Next Hearing Date: 13-12-2019
    
    Date: 13-12-2019
    Business: Court is busy in recording of evidence of Suit No.7247 of 2004.
    Adv.Maulik Tanna i/b A.Y.Jain and Assoc. for plaintiff present.
    Adv.Nitin Shukla for defendant no.1 and 4 present.
    By consent.
    Matter is adj to 20/12/19 for N/M argument P.H.
    Next Purpose: NM  ARGUMENTS P.H.
    Next Hearing Date: 20-12-2019
    
    Date: 13-12-2019
    Business: Court is busy in recording of evidence of Suit No.7247 of 2004.
    Adv.Maulik Tanna i/b A.Y.Jain and Assoc. for plaintiff present.
    Adv.Nitin Shukla for defendant no.1 and 4 present.
    By consent.
    Matter is adj to 20/12/19 for N/M argument P.H.
    Next Purpose: NM  ARGUMENTS P.H.
    Next Hearing Date: 20-12-2019
    
    Date: 20-12-2019
    Business: Matter is called out at 3.30pm
    Adv.Maulik Tanna for plaintiff present.
    Adv.Nitin Shukla for defendant present.
    At the request of advocate of defendant that he is not keeping well.
    Matter is adj to 10-01-2020 for N/M argument P.H.
    Next Purpose: NM  ARGUMENTS P.H.
    Next Hearing Date: 10-01-2020
    
    Date: 20-12-2019
    Business: Matter is called out at 3.30pm
    Adv.Maulik Tanna for plaintiff present.
    Adv.Nitin Shukla for defendant present.
    At the request of advocate of defendant that he is not keeping well.
    Matter is adj to 10-01-2020 for N/M argument P.H.
    Next Purpose: NM  ARGUMENTS P.H.
    Next Hearing Date: 10-01-2020
    
    Date: 10-01-2020
    Business: Matter is called out at 2.59pm
    Adv.Maulik Tanna a/w Miraj for plaintiff present.
    Adv.Nitin Shukla for defendant no.1 and 4 present.
    Heard both the side on N/M No.151/18.
    Matter is adj to 17/01/2020 for N/M order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 17-01-2020
    
    Date: 10-01-2020
    Business: Matter is called out at 2.59pm
    Adv.Maulik Tanna a/w Miraj for plaintiff present.
    Adv.Nitin Shukla for defendant no.1 and 4 present.
    Heard both the side on N/M No.151/18.
    Matter is adj to 17/01/2020 for N/M order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 17-01-2020
    
    Date: 17-01-2020
    Business: Matter is called out at 2.59pm
    Plaintiff and his advocate absent.
    Adv.Nitin Shukla for defendant no.1 and 4 present.
    Matter is adj to 20/01/2020 for N/M order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 20-01-2020
    
    Date: 17-01-2020
    Business: Matter is called out at 2.59pm
    Plaintiff and his advocate absent.
    Adv.Nitin Shukla for defendant no.1 and 4 present.
    Matter is adj to 20/01/2020 for N/M order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 20-01-2020
    
    Date: 20-01-2020
    Business: Matter is called out at 2.56pm
    Plaintiff and his advocate absent.
    Adv.Nitin Shukla for defendant no.1 and 4 present.
    Matter is adj to 27/01/2020 for N/M order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 27-01-2020
    
    Date: 20-01-2020
    Business: Matter is called out at 2.56pm
    Plaintiff and his advocate absent.
    Adv.Nitin Shukla for defendant no.1 and 4 present.
    Matter is adj to 27/01/2020 for N/M order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 27-01-2020
    
    Date: 27-01-2020
    Business: Adv.Dipesh Jain i/b A.V.Jain for plaintiff present.
    Adv.Nitin Shukla for defendant no.1 and 4 present.
    F.R.S.R following order is passed on N/M No.151 of 2018.
    ORDER
    1.Notice of Motion No. 151 of 2018 is hereby rejected.
    2.Parties to bear their own cost.
    3.Notice of Motion No. 151 of 2018 is disposed off accordingly.
    Nature Of Disposal: OTHER
    Disposal Date: 27-01-2020

    Additional Case Details

    Additional Case Details
    Filing Number: 100592/2018
    Filing Date: 11-01-2018
    First Hearing Date: 25th January 2018
    Decision Date: 27th January 2020
    Court Number And Judge: 7-COURT  07 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    27 Jan 2020

    Order Details: Notice of Motion Pdf Text: NM 151-18 in S.C.Suit no.140-1988 H.C.Suit No. 1951 of 1988 1 Date :27.01.2020 IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI NOTICE OF MOTION NO. 151 OF 2018 IN S.C.SUIT NO. 140 OF 1988 (H.C.SUIT NO. 1951 OF 1988) (CNR MHCC01-000507-2018) Khimji H. Bharapuria & Ors. .. Plaintiffs Versus Pandurang Gajanan Naik & Ors. .. Defendants Appearances :- Adv.Maulik Tanna a/w Miraj for plaintiff. Adv.Nitin Shukla for defendant no.1 and 4. Coram…

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