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NOTICE OF MOTION

Sanjay Shyamnaval GoudVsDilip Shyamnaval Goud +1 more

CNR MHCC0100098420182-COURT 02 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHERWISE
Decision Date: 02nd November 2019

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
100242/2018
Registration Date
18 Jan 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 18-01-2018
    Business: Plaintiff and defendant no. 1 present.
    Adv. Mr. Shukla for plaintiff present.
    Adv. Mr. Devendra Sharma for defendant no. 1 present.
    He filed vakalatnama. t.o.r. It is marked as Exh. 2.
    Advocate of plaintiff filed affidavit of service of N/M with respect to defendant no. 1.
    He submitted that he was  restricting his prayers in the N/M only against defendant no. 1 at this time.
    Advocate of defendant no. 1 filed affidavit alongwith copy of documents in N/M no. 242/18
    Advocate of plaintiff filed registered NM no. 242/18.
    He also filed additional affidavit in support of N/M.
    On the statement made by both the advocates, the plaintiff and defendant no. 1, parties to maintain status quo and not to create third party rights with respect to shop no. 83 and room no. 128 till final disposal of N/M.
    Already adjd to 31.1.2018 N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 31-01-2018
    
    Date: 31-01-2018
    Business: Adv. Mr. Pathak for Plaintiff present.
    O - Earlier order to continue till next date.
    Adv. Mr. Devendra Sharma for defendant no. 1 present.
    At his request, adjd. to 12.03.2018  for NM Reply / Service.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 12-03-2018
    
    Date: 12-03-2018
    Business: Adv. Mr. Pathak for plaintiff present.
    Adv. Mr. Shashikant Sawadkar for defendant no. 1 present.
    Earlier order if any, to continue till next date.
    At the request of advocate of defendant no. 1, adjd to 3.5.2018  for N/M reply and affidavit of service.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 03-05-2018
    
    Date: 03-05-2018
    Business: As Court is busy in dictating judgment and correction of orders in N/M and Chamber Summons. Hence, board discharged.
    Earlier order if any, to continue till next date.
    Adjd to 3.7.2018 for NM Reply
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 03-07-2018
    
    Date: 03-07-2018
    Business: Adv.Ashutosh Shukla for the plff.present.
    None for the deft.
    Earlier order to continue till next date
    Adjd for N/M reply on 04.12.2018.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 04-12-2018
    
    Date: 04-12-2018
    Business: Adv.Mr.Ashutosh Shukla for Plff.present.
    He tendered original registered N/m No.4017/18 t.o.r.
    Adv.Ms.Mishra for Deft no.1 present.
    Adv for Defendant no.1 filed reply to N/m and also filed Counter Claim t.o.r.
    Plaintiff and both the defendants are present.
    Deft.no.1 has filed written statement t.o.r.and marked at Exh.3.
    Both the parties and their advocates have consented for referring the matter for Meditation. As per the provisions of Section 89 of the C.P.C.this matter is referred for mediation.  Parties to the suit to take note that mediation is the confidential process and it is in the interest and the benefit of the party. Parties to take note that mediation process is in good faith. Both the parties and their Ld.advocates have consented for referring the matter for mediation.  Parties to attend the District Mediation Center on 10.12.2018  at 2.30 pm.
    Adjd.for Mediator\''s report on 07.01.2019.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 07-01-2019
    
    Date: 07-01-2019
    Business: Adv. Shukla for Plaintiff present.
    Adv. Sharma for Defendant no.1 present.
    Ex.5 Adv. Sharma filed V/n for contempnors t.o.r.
    Ex.6 Counter claim filed by Defendant.
    Copy given to other side.
    Copy of reply to NM is supplied to other side.
    Adj for NM hearing to 28.01.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-01-2019
    
    Date: 28-01-2019
    Business: Adv. Ashish Singh for Plaintiff present.
    Adv. Sharma for Defendant present.
    Ex.7 Adv Tiwari filed V/n for Defendant no.2 t.o.r.
    Adj for NM hearing to 01.03.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-03-2019
    
    Date: 01-03-2019
    Business: As Court is busy in dictating orders, recoding evidence and in other work, hence board is discharged and matter adj for NM hearing to 04.04.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-04-2019
    
    Date: 04-04-2019
    Business: Adv. Pathak for Plaintiff present.
    Adv. Pradosh Tiwari for Defendant no.2 present.
    Adv. Anjali Mishra for Defendant no.1 present.
    Ex.8 Written statement in Counter claim filed by original Plaintiff t.o.r.
    Copy served to other side.
    Rejoinder filed by Plaintiff to contempt notice of motion t.o.r.
    Adj for NM hearing to 01.07.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-07-2019
    
    Date: 01-07-2019
    Business: Plff and Adv absent.
    Adv. Sharma for Defendant no.1 present.
    Matter is adjourned as last chance in the interest of justice for NM hearing to 02.08.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-08-2019
    
    Date: 02-08-2019
    Business: Adv. Pathak for Plaintiff present.
    Adv. Pradosh Tiwari for defendant no.2 present.
    Defendant no.1 present.
    Adv for Plaintiff sought adjournment.
    Granted.
    Earlier order, if any to continue till next date.
    Adj for NM hearing to 09.09.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-09-2019
    
    Date: 09-09-2019
    Business: Adv. Ashitosh Shukla
    Adv. Shailesh Shukla for defendant no 2 present.  He tendered draft NM. Leave granted to register it
    Defendant no 1 is present. Copy of NM is given to other side.
    Matter is adj. For reply to  3.10.2019
    Next Purpose: REPLY
    Next Hearing Date: 03-10-2019
    
    Date: 03-10-2019
    Business: Adv. Pathak for Plaintiff present.
    Adv. Sharma for defendant no 1 present.
    Defendant no 1 present.
    Son of defendant no 2 present.
    He tendered register NM 3477/19 t.o.r.
    Adv. for defendant no 1 filed reply to NM
    Copy of reply given to defendant no 2.
    Adv. for plaintiff sought time to file say to the NM on 3477/19.
    Adjd. to 2.11.2019 for reply to NM 3477/19 and hearing of other NM
    Next Purpose: REPLY
    Next Hearing Date: 02-11-2019
    
    Date: 02-11-2019
    Business: Adv. Shukla for plaintiff present.
    Adv. Devendra Sharma for defendant no 1 present.
    Adv. Tiwari for defendant no 2 present.
    Reply filed by advocate for plaintiff to NM no 3477/19 on motion itself.
    ORDER PASSED BELOW NOTICE OF MOTION NO.242 of 2018
            Learned advocate for plaintiff submitted that plaintiff has been dispossessed from suit premises after passing of order dated 18.01.2018 so he has taken out Contempt Notice of Motion No.4017 of 2018 and present notice of motion has become infructuous.
            As per plaintiff\''s own submission present notice of motion has become infructuous as he is no more in possession of suit premises so notice of motion No.242 of 2018 is filed and disposed off accordingly.
    Matter is adjourned for hearing on notice of motion Nos.4017/2018 and 3477/2019 to 18.11.2019.
    Nature Of Disposal: OTHERWISE
    Disposal Date: 02-11-2019

    Additional Case Details

    Additional Case Details
    Filing Number: 101128/2018
    Filing Date: 18-01-2018
    First Hearing Date: 18th January 2018
    Decision Date: 02nd November 2019
    Court Number And Judge: 2-COURT 02 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    02 Nov 2019
    Order Details: Other
    Pdf Text: 2.11.2019
    SU 92/18
    @
    NM 3477/19
    NM 4017/18
    NM 242/18
    CORAM: H. H. J. SHRI.M.T.ASIM (CR. NO. 02)
    Adv. Shukla for plaintiff present.
    Adv. Devendra Sharma for defendant no 1 present.
    Adv. Tiwari for defendant no 2 present.
    Reply filed by advocate for plaintiff to NM no 3477/19 on motion
    itself.
    ORDER PASSED BELOW NOTICE OF MOTION NO.242 of 2018
    Learned advocate for plaintiff submitted that plaintiff has been
    dispossessed from suit premises after passing of order dated
    18.01.2018 so he has taken out Contempt Notice of Motion No.4017
    of 2018 and present notice of motion has become infructuous.
    As per plaintiff's own submission present notice of motion has
    become infructuous as he is no more in possession of suit premises so
    notice of motion No.242 of 2018 is filed and disposed off
    accordingly.
    Matter is adjourned for hearing on notice of motion Nos.4017/2018
    and 3477/2019 to 18.11.2019.
    Judge
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