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SUIT - SHORT CAUSE CIVIL SUIT

Dipesh Bansilal ModiVsBaban Ramchandra Kherat +1 more

CNR MHCC0100115020183-COURT 03 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--CONSENT DECREE
Decision Date: 09th March 2023

TrustJury record updated 08 Sept 2026

Case Overview

Registration Number
100443/2018
Registration Date
12 Feb 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Petitioner

    1. 1Dipesh Bansilal Modi

    Respondent

    1. 1Baban Ramchandra Kherat
    2. 2Bipin Ramchandra Kherat

    Acts & Sections

    1
    Bombay Tenancy and Agricultural Land (Vidarbha Region and Kutch Area) Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 05-03-2018
Business: Already adj.to. 21.06.2018.
Next Hearing Date: 21-06-2018

Date: 21-06-2018
Business: Adv. Rajnish Dube for plaintiff present and tendered original notice of motion no.1108/2018 alongwith affidavit.
None for defendant.
Ld. Counsel for plaintiff undertakes to file affidavit of service.
Matter adj. for Compliance to 07.09.2018.
Next Purpose: COMPLIANCE
Next Hearing Date: 07-09-2018

Date: 07-09-2018
Business: Adv. Anand Pande for plaintiff present and filed affidavit of service.
None for defendant.
The Ld. Counsel for plaintiff has file affidavit  of service alongwith the original envelopes which shows that envelopes is \''not claimed\''. Hence it is deemed to be good service of NM. The original envelopes are returned to the Ld. Counsel for plaintiff.
Matter adj. for NM Hearing to 21.11.2018.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-11-2018

Date: 21-11-2018
Business: Court is half day leave in second session. Hence matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-03-2019

Date: 20-03-2019
Business: Adv. Dube for plaintiff present and filed affidavit of service and original writ of summons which shows the remark of returnunclaimed\''. Hence it deemed to be served to D-1.
None for defendant.
The plaintiff  is directed to serve D-2 with fresh writ of summons with registered post.
Matter adj. for Affidavit of Service to 19.07.2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 19-07-2019

Date: 19-07-2019
Business: Adv. Pande for plaintiff present and filed affidavit of service on defendant no. 2.
Affidavit of service on defendant no. 2 filed by plaintiff.
Mr. Ashok Rokade appeared for defendant no. 1 and 2 and filed photocopy of POA on behalf of defendant no .1 and 2. TOR. Copy of plaint as well as NM on the POA of D-1 and 2, who seeks time to filed reply and WS.
Matter stands Adj for filing reply to NM and WS on 14.08.19.
Next Purpose: REPLY
Next Hearing Date: 14-08-2019

Date: 14-08-2019
Business: the court is on leave
Next Purpose: REPLY
Next Hearing Date: 27-09-2019

Date: 27-09-2019
Business: Adv. Anand Pande for plaintiff present.
Defendant no. 1 present.
By consent, Matter stands Adj for reply to 21.11.19.
Next Purpose: REPLY
Next Hearing Date: 21-11-2019

Date: 21-11-2019
Business: Adv. Dube for plaintiff present.
None present for defendant.
Matter stands Adj for reply to NM on 18.01.20.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-01-2020

Date: 18-01-2020
Business: Adv. Dubey for plaintiff present.
Advocate absent. CA of defendant present.
Matter stands Adj for NM hearing to 05.03.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-03-2020

Date: 05-03-2020
Business: Court is busy in dictating order in suit no. 2880/19. Hence, board is discharged.
Matter stands Adj for hearing on NM to 23.04.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-04-2020

Date: 23-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-05-2020

Date: 14-05-2020
Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 77 of 2020 matter adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-06-2020

Date: 03-06-2020
Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 83 of 2020 matter adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-06-2020

Date: 20-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-09-2020

Date: 08-09-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-11-2020

Date: 25-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-01-2021

Date: 27-01-2021
Business: None present.
The case is adjourned to 17.03.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-03-2021

Date: 17-03-2021
Business: None for Plaintiff.
CA of defendant present.
Advocate Ms. Shahjahan h/f adv. Asha Mittal for defendant present.
The case is adjourned to 23.04.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-04-2021

Date: 23-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-07-2021

Date: 17-07-2021
Business: Court is vacant
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-09-2021

Date: 29-09-2021
Business: Matter called out at 3.27 p.m.
Adv. Gaurav Pande for plaintiff present.
CA Ashok Raghunath Rokade of Deft. No. 1 and 2 present.
It appears that defendant though present, but no steps taken to file written statement. Hence, suit to proceed without written statement of the defendants.
Plaintiff is at liberty to correct the surnames of the defendants forthwith.
Plaintiff to file exparte evidence.
Matter stands adjourned to 02.12.2021 for exparte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 02-12-2021

Date: 02-12-2021
Business: Matter called out at 3.09 p.m.
Adv. R. A. Dubey for plaintiff present.
At the request of plaintiff, NM is tagged with the suit.
Plaintiff seeking time to file exparte evidence. Time granted.
Matter stands adjourned to 31.01.2022 for exparte evidence.
Later on at 3.13 p.m.
CA of Deft. No.2 tendered draft NM.
O-Leave granted to register.
Draft handed over to Deft. No.2 for registration.
Already adjourned to 31.01.2022 for reply.
Next Purpose: REPLY
Next Hearing Date: 31-01-2022

Date: 31-01-2022
Business: Court is on Leave, Hence Board is Discharged.
Next Purpose: REPLY
Next Hearing Date: 03-03-2022

Date: 03-03-2022
Business: Court is on leave in second session. Hence, board discharged.
Next Purpose: REPLY
Next Hearing Date: 12-04-2022

Date: 12-04-2022
Business: Adv. R. A. Dubey for plaintiff present.
Adv. Arvind Taral for defendant present.
He tendered VP. TOR. Exh.3.
He also tendered reg. NM No.3243/2021. TOR.
As court is busy in dictating orders in NM No.1963/2021 as well as hearing in part heard SU no.1225/2009.
Matter stands adjourned to 21.06.2022 for reply.
Next Purpose: REPLY
Next Hearing Date: 21-06-2022

Date: 21-06-2022
Business: Adv. R. A. Dubey for plaintiff present. He tendered reply on NM No.3243/2021 overleaf.
Adv. Arvind Taral for defendants present.
Following F.R.S.R. order passed in Notice of Motion No.3243/2021.
ORDER
1.Notice of Motion No.3243/2021 in S.C. Suit No.443/2018, is hereby allowed, in terms of prayer Clause (a).
2.Notice of Motion stands disposed off accordingly.
Defendants tendered WS. TOR. Exh.04.
Matter stands adjourned to 05.08.2022 for Issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 05-08-2022

Date: 05-08-2022
Business: Plaintiff a/w Adv. Rajnish Dubey present.
Adv. Arvind Taral for defendant present.
Matter stands adjourned to 07.10.2022 for Issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 07-10-2022

Date: 07-10-2022
Business: None present.
Matter stands adjourned to 20.12.2022 for issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 20-12-2022

Date: 20-12-2022
Business: Plaintiff a/w Adv. Deepanjali Mishra for present.
None present for defendant.
Matter stands adjourned to 06.02.2023 for hearing on issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 06-02-2023

Date: 06-02-2023
Business: Court is on Leave.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 09-03-2023

Date: 09-03-2023
Business: By precipie
Plaintiff and CA of defendants present in person. They both submitted that their advocate are busy and they cannot come today. They submitted that they have arrived at compromised the deft under take to hand over the possession and plaintiff pay Rs.4,50,000/- through cheque.
The CA of defendant admitted the receipt of cheque of Rs.4,50,000/-.
They submitted consent terms. TOR. Exh-05. They admitted the contents of consent terms. The defendant appears through CA the copy of POA is annexed with the WS at Exh-04. Wherein the CA is having authority to enter into compromised in respect of the suit property. Therefore, the suit stands disposed off in terms of compromised. Court fee be return as per rule. Compromised decree be drawn accordingly.
Proceeding stands closed.
Nature Of Disposal: CONSENT DECREE
Disposal Date: 09-03-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 101273/2018
Filing Date: 20-01-2018
First Hearing Date: 05th March 2018
Decision Date: 09th March 2023
Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1
    09 Mar 2023
    Order Details: Other
Pdf Text: 09.03.2023
NOB TOB
SU 443/18
Exh05
CORAM : H.H.J. SHRI SHAIKH AKBAR SHAIKH JAFAR (CR. 03)
By precipi
Plaintiff and CA of defendants present in person. They both
submitted that their advocate are busy and they cannot come today.
They submitted that they have arrived at compromised the deft
under take to hand over the possession and plaintiff pay
Rs.4,50,000/ through cheque.
The CA of defendant admitted the receipt of cheque of
Rs.4,50,000/.
They submitted consent terms. TOR. Exh05. They admitted the
contents of consent terms. The defendant appears through CA the
copy of POA is annexed with the WS at Exh04. Wherein the CA is
having authority to enter into compromised in respect of the suit
property. Therefore, the suit stands disposed off in terms of
compromised. Court fee be return as per rule. Compromised decree
be drawn accordingly.
Proceeding stands closed.
Judge
-- 1 of 1 --
    Order 1
    09 Mar 2023
    Order Details: Other
Pdf Text: 09.03.2023
NOB TOB
SU 443/18
Exh05
CORAM : H.H.J. SHRI SHAIKH AKBAR SHAIKH JAFAR (CR. 03)
By precipi
Plaintiff and CA of defendants present in person. They both
submitted that their advocate are busy and they cannot come today.
They submitted that they have arrived at compromised the deft
under take to hand over the possession and plaintiff pay
Rs.4,50,000/ through cheque.
The CA of defendant admitted the receipt of cheque of
Rs.4,50,000/.
They submitted consent terms. TOR. Exh05. They admitted the
contents of consent terms. The defendant appears through CA the
copy of POA is annexed with the WS at Exh04. Wherein the CA is
having authority to enter into compromised in respect of the suit
property. Therefore, the suit stands disposed off in terms of
compromised. Court fee be return as per rule. Compromised decree
be drawn accordingly.
Proceeding stands closed.
Judge
-- 1 of 1 --

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