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NOTICE OF MOTION

Mr. Sudhakar Krishnarayan NayakVsGovt.of Maharashtra +2 more

CNR MHCC0100121220188-COURT 08 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHER
Decision Date: 08th July 2025

TrustJury record updated 08 Sept 2026

Case Overview

Registration Number
100297/2018
Registration Date
22 Jan 2018

Advocates

1

For Petitioner

    Not available

    For Respondent

    Parties

    4

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 26-02-2018
    Business: None present for plaintiff.
    Defendant No.5 present.
    Defendant No.9 present.
    Kept back.
    Later on.
    Adv. U.R.Singh for defendant Nos. 5 and 6 present.
    Defendant No.9 tenders original NM No.297/18. Copy supplied to defendants.
    Defendant No.4 to supply copy of CC to the other parties.
    Adjd. to 27/03/2018 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-03-2018
    
    Date: 27-03-2018
    Business: None present for plaintiff.
    Adv. Sachin Kadam for defendant No.1 to 3 present.
    Adv. U.R. Singh for defendant No.5 and 6 present.
    Adv. Rohan for defendant No.8 present.
    Defendant No.9 present and files WS. Copy supplied to other sides.
    As per the order dtd.27/09/2016 in T.A.No.76/16, the present suit was transferred to C.R.No.3 where suit No.3215/11 is pending. However, it appears through administrative order, the present suit is transfered to this Court. In such circumstances, it is necessary to re-transfer the same with Counter Claim No.15/17 to C.R.No.3 and accordingly it stands transferred to C.R.No.3.
    Adjd. to 07/04/2018 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-04-2018
    
    Date: 07-04-2018
    Business: Matter adj. for Compliance and NM Hearing to 04.07.2018.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 04-07-2018
    
    Date: 04-07-2018
    Reason For Adjournment: court time is over
    Next Purpose: REPLY
    Next Hearing Date: 23-08-2018
    
    Date: 23-08-2018
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-09-2018
    
    Date: 10-09-2018
    Business: adj to 22/11/2018
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-11-2018
    
    Date: 22-11-2018
    Reason For Adjournment: court time is over
    Next Purpose: REPLY
    Next Hearing Date: 25-02-2019
    
    Date: 25-02-2019
    Reason For Adjournment: court time is over
    Next Purpose: REPLY
    Next Hearing Date: 05-04-2019
    
    Date: 05-04-2019
    Business: Adjd
    Next Purpose: REPLY
    Next Hearing Date: 11-06-2019
    
    Date: 11-06-2019
    Business: None present  for the Plaintiff.
    Adv. Mr. Devkar for Defendant no. 9 present.
    Adv. Mr. Sachin Kadam for Defendant no.1 and 2 present.
    Adv. Ms. Sushama Singh for Defendant no. 4present.
    Adv. Mr. U R Singh for Defendant nos. 5 and 6 present.
    Matter is adjd. to 5.08.2019 for N/M hearing of def tnos. 1 and 2/ N/M hearing of the plff or for dismissal order/ WS by the Plaintiff to the counter claim of Defendant no. 4/ WS by Defendant nos. 5 and 6
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-08-2019
    
    Date: 12-08-2019
    Business: Adjd
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-10-2019
    
    Date: 22-10-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-12-2019
    
    Date: 09-12-2019
    Business: As Court is busy in hearing on Notice of Motion in suit No. 846/16.
    Matter is adjourned for  NM hearing to 24/01/2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-01-2020
    
    Date: 24-01-2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-03-2020
    
    Date: 13-03-2020
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-04-2020
    
    Date: 09-04-2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-04-2020
    
    Date: 21-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-05-2020
    
    Date: 12-05-2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-06-2020
    
    Date: 01-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-06-2020
    
    Date: 18-06-2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-11-2020
    
    Date: 24-11-2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-03-2021
    
    Date: 01-03-2021
    Business: Adv. Neha Tikam i/b Adv. Sachin Kadam for the defendants No1. to 3.
    Adv. Sushma Singh for the defendant No.4.
    Adv. Mr. S. R. Singh for the defendants No.5 and 6.
    Draft NM along with affidavit of support tendered by advocate for the defendants No.5 and 6. O-  Leave to register N/M is granted. N/M is made r/o 20/04/2021
    The plaintiff has not filed WS to the counter claim. Hence, counter claim to proceed without WS against the plaintiff.
    Matter is adjd. to 20/04/2021 for tendering registered NM.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-04-2021
    
    Date: 20-04-2021
    Business: Due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-07-2021
    
    Date: 16-07-2021
    Business: Due to COVID-19 pandemic.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-08-2021
    
    Date: 13-08-2021
    Business: None for plaintiff.
    Adv. Ms. Neha Tikam h/f Adv. Kadam for defendants No.1 to 3 present.
    Adv. Hardik Desai for defendant No.8 present.
    Defendant No.5 present.
    Matter is adjd. to 11/10/2021 for tendering registered NM.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-10-2021
    
    Date: 11-10-2021
    Business: None present.
    Matter is adjd. to 14/12/2021 for tendering registered NM.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-12-2021
    
    Date: 14-12-2021
    Business: Matter is already adjourned on 24.02.2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-02-2022
    
    Date: 24-02-2022
    Business: Adv Mr.A.K.Singh for plaintiff present.
    Adv Sachin Kadam for defendant nos.1 to 3 present.
    Adv Sushma Singh for defendant no.4 present.
    Adv Mr.U.S.Singh for defendant nos.5 and 6 present and files register NM No.796/21 TOR.
    ORDER
    The NM is filed for condonation of delay in filing WS. Ld. advocate for plaintiff has No-objection for allowing the motion by condoning the delay. In the circumstances the NM is allowed. The delay caused in filing WS is condoned.
    Exh.1- Plaint
    Exh.2-VN
    Exh.3-Memorandum of Address
    Exh.4- List of documents.
    Exh.5- The WS of defendant nos.5 and 6 is TOR
    Defendant nos.5 and 6 are directed to serve the copies of WS to the plaintiff. Ld advocate for the plaintiff seeks time to file reply to the NM No. 2547/18 filed by defendant nos.1 to 3. Time is granted as a last chance.
    NM No.796/21 is disposed of accordingly.
    Matter is adjd. to 18.04.2022 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 18-04-2022
    
    Date: 18-04-2022
    Business: None present for plaintiff.
    Adv Sachin Kadam present for defendant no. 01, 02 & 03.
    Vijayalaxmi defendant no. 05 in person present.
    As plaintiff and his adv are absent and did not file reply to NM no. 2547/2018, NM no. 2547/2018 be proceeded without reply of Plaintiff.
    Matter adjourned for hearing on NM no. 2547/2018 to 06.06.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-06-2022
    
    Date: 06-06-2022
    Business: Adv. A. K. Singh hf adv. Sandeep singh present for plaintiff and tendered application for adjournment for bringing heirs on record t.o.r. marked as Exh. 05.
    Adv. absent for defendant.
    Defendant no. 05 in person present.
    Order on Exh. 05.
    Order- Considering the reason application Exh. 05 is allowed.
    Matter adjourned for steps to 12/07/22.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 12-07-2022
    
    Date: 12-07-2022
    Business: Deft no. 5 Vijaylaxmi present. None present for plff. AdvocateDarshit Jain for Deft no. 1 to 3 present. Deft no 5 sought adjournment. Granted. Adjd for hrg on NM/ steps on 11.8.22.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 11-08-2022
    
    Date: 11-08-2022
    Business: As P.O. is on leave. Matter is adjd. to
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 29-09-2022
    
    Date: 29-09-2022
    Business: Adv. Krishnakant singh hf adv. Sandeep singh present for plaintiff and sought adjournment.
    Adv. Sachin kadam present for defendant 01.
    Adv. U. S. R. Sen present for defendant no. 05 and 06.
    None present for other defendants.
    Matter adjourned for steps/order to 20/10/22.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 20-10-2022
    
    Date: 20-10-2022
    Business: None present for plaintiff.
    Adv. Pratik korgaonkar hf adv. Sachin kadam present for defendant 01 to 03.
    None present for other defendants.
    As plaintiff and his adv. are absent, Matter adjourned for steps/dismissal order to 01/12/22.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 01-12-2022
    
    Date: 01-12-2022
    Business: None present for plaintiff.
    Adv Sachin Kadam present for defendant no. 01 to 03.
    None present for other defendants.
    As plaintiff and his adv are absent and did not take steps for bringing heirs/legal representative and did not proceed with his Notice of Motion
    Matter adjourned for dismissal order to 17.12.2022.
    Next Purpose: DISMISSAL
    Next Hearing Date: 17-12-2022
    
    Date: 17-12-2022
    Business: None present for plaintiff.
    Adv. Pratik korgaonkar hf adv. Sachin kadam present for defendant 01.
    Adv. Harsh pathak present for defendant no. 08.
    Adv. Prerna Gandhi present for defendant no. 04 and plaintiff in the Counter claim no. 15/17.
    None present for other defendants.
    Kb
    lo. at 02.52 pm.
    Adv. Susham singh resent for defendant no. 04 and plaintiff in the Counter claim no. 15/17 and tendered draft Chamber Summons @ Affidavit. t.o.r.
    O- Leave granted to register..
    Service of chamber summons by speed [pst A.D. by defendant and their advocates as prayed is granted.
    Matter adjourned for cs service and reply to 02/02/23.
    Next Purpose: C/S REPLY
    Next Hearing Date: 02-02-2023
    
    Date: 02-02-2023
    Business: None present for plaintiff.
    Adv. Harsh Pathak hf adv. Labde present for defendant no. 08.
    Adv. Sushma singh present for defendant no. 04 and for plaintiff in Counter claim and he tendered original registered Chamber Summons No. 2192/22 @ affidavit. t.o.r..
    Matter adjourned for affidavit of service of chs and reply to 16/03/23.
    Next Purpose: C/S REPLY
    Next Hearing Date: 16-03-2023
    
    Date: 16-03-2023
    Business: None present for plaintiff.
    Adv Sushma Singh present for defendant no. 04 and plaintiff in Counter claim and tendered draft CS @ affidavit.TOT. Leave granted to register. Plaintiff in Counter Claim is allowed to served the draft CS by speed post AD by private service.
    Defendant no. 05 and respondent in draft CS in person present and submitted that she has received the copy of draft CS.
    Adv Harsh Pathak h/f Adv Indira present for defendant no. 08.
    Defendant no. 04 in person present.
    None present for other defendants.
    Matter adjourned for service and reply to CS to 13.04.2023.
    Next Purpose: C/S REPLY
    Next Hearing Date: 13-04-2023
    
    Date: 13-04-2023
    Business: None present for plaintiff.
    Adv. Suhas Rohire present for defendant no. 5 and 6 and submitted that copy of counter claim and written statement is not served on him.
    Adv. Kapse present for defendant no. 01.
    Adv. Sayli sawant hf adv. Sushma singh present for defendant no. 4 and submitted that she will serve the copy to defendant no. 5 and 6.
    Defendant in person present.
    Matter adjourned for cs reply to 22-06-23.
    Next Purpose: C/S REPLY
    Next Hearing Date: 22-06-2023
    
    Date: 22-06-2023
    Business: None present for plaintiff.
    Adv. Suhas Rohile h/f Adv. USR Singh for defendant present.
    Matter adjourned for CS reply to 31.07.2023
    Next Purpose: C/S REPLY
    Next Hearing Date: 31-07-2023
    
    Date: 31-07-2023
    Business: None present for plaintiff.
    None present for defendants.
    Adv. Sushma Singh for the plaintiff in counter-claim present and tendered registered chamber summons alongwith affidavit of service.
    She also tendered affidavit of service in respect of chamber summons No.2192/2022.
    Matter adjourned for Ch/s. Reply to 23.08.2023.
    Next Purpose: C/S REPLY
    Next Hearing Date: 23-08-2023
    
    Date: 23-08-2023
    Business: None present for plaintiff.
    Adv. Sayali Sawant present for defendant No.4 and plaintiff in counter-claim present.
    Defendant No. 5 in-person present.
    Matter adjourned for Ch/s. Reply to 06.10.2023.
    Next Purpose: C/S REPLY
    Next Hearing Date: 06-10-2023
    
    Date: 06-10-2023
    Business: None present for plaintiff.
    Defendant No. 5 in-person present.
    Adv. Khedekar h/f. Adv. Sachin Kadam present for defendant/State.
    Adv. Dimpal Jain h/f. Adv. Indira Labde present for defendant No.8.
    Adv. Sushma Singh present for defendant No.4 in suit and plaintiff in counter claim No.15/2017.
    Matter adjourned for Ch/s. Reply to 10.11.2023.
    Next Purpose: C/S REPLY
    Next Hearing Date: 10-11-2023
    
    Date: 10-11-2023
    Business: None present for plaintiff.
    None present for other defendants.
    Defendant No.4 in suit and plaintiff in counter claim in-person present.
    Adv. Sushma Singh present for defendant No.4 and plaintiff in counter claim.
    Matter adjourned for Ch/s. Reply to 16.01.2024.
    Next Purpose: C/S REPLY
    Next Hearing Date: 16-01-2024
    
    Date: 16-01-2024
    Business: None present for plaintiff.
    Defendant No.5 in-person present.
    Adv. Dimpal Jain h/f. Adv. Indira Labdhe present for defendant No.8.
    None present for other defendants.
    Matter adjourned for Ch/s. Reply to 19.03.2024.
    Next Purpose: C/S REPLY
    Next Hearing Date: 19-03-2024
    
    Date: 19-03-2024
    Business: None present for plaintiff.
    Adv. Dimpal Jain h/f. Adv. Indira Labdhe present for defendant No.8.
    Adv. Sushma Singh present for defendant No.4.
    Adv. Siddharth Khedekar h/f. Adv. Sachin Kadam present for defendant/State.
    Matter adjourned for Ch/s. Reply to 29.06.2024.
    Next Purpose: C/S REPLY
    Next Hearing Date: 29-06-2024
    
    Date: 29-06-2024
    Business: None present for plaintiff.
    Adv.Siddharth Khedekar h/f. Adv. Sachin Kadam present for defendant/State.
    Defendant No.5 in-person present.
    Matter adjourned for Ch/s. Reply to 23.08.2024.
    Next Purpose: C/S REPLY
    Next Hearing Date: 23-08-2024
    
    Date: 23-08-2024
    Business: As Court is on leave. Board is discharged. Matter is adjourned.
    Next Purpose: C/S REPLY
    Next Hearing Date: 26-09-2024
    
    Date: 26-09-2024
    Business: None present for plaintiff.
    Adv. Swapna Khemlapure for defendant No.8 present.
    Matter adjourned for Ch/s. Reply to 21.11.2024.
    Next Purpose: C/S REPLY
    Next Hearing Date: 21-11-2024
    
    Date: 21-11-2024
    Business: None present for plaintiff.
    Adv. Swapna Khemlapure h/f. Adv. Sanket Mungale for defendant No.8 present. She tendered vakalatnama. Taken on record and marked as Exh.6.
    Matter adjourned for Ch/s. Reply to 08.01.2025.
    Next Purpose: C/S REPLY
    Next Hearing Date: 08-01-2025
    
    Date: 08-01-2025
    Business: None present for plaintiff.
    Adv. Sachin Kadam for defendant Nos.1 to 3 present.
    Adv. Smt. Sushma Singh for defendant No.4 present.
    Record reveals absence of plaintiff and his counsel Shri. Sandip Singh since 20.10.2022. Ld.Adv. for defendant Nos.1 to 3 and defendant No.4 submits that, plaintiff is reportedly died during pendancy of the suit. It is submitted that, the suit needs to be abated.
         Ld. Adv. for defendant No.4 submits that, defendant No.4 has filed counter claim and taken out chamber summons No.2192/2022 for taking legal representatives of deceased defendant no.4 in the counter claim.
    There is nothing on record to show that the plaintiff is dead. Both the Ld. Advocates seeks short accommodation to confirm the same.
    In view of the above, matter adjourned for Ch/s. Reply to 19.03.2025.
    Next Purpose: C/S REPLY
    Next Hearing Date: 19-03-2025
    
    Date: 19-03-2025
    Business: None present for plaintiff.
    Adv. Sushma Pandey for defendant No.4 and plaintiff in counter claim 15/2017 present.
    Adv. Krupa Hausarkar h/f. Adv. Sachin Kadam for defendant Nos.1 to 3 present.
    Adv. Mrunal Mulye h/f. Adv. Sanket Mungle for defendant No.8 present.
    Court is busy hearing in Suit No.6401/2024,  Suit No.6402/2024,  Suit No.6403/2024 and  Suit No.463/2025.
    Matter adjourned for Ch/s. Reply to 15.04.2025.
    Next Purpose: C/S REPLY
    Next Hearing Date: 15-04-2025
    
    Date: 15-04-2025
    Business: As P.O. is on leave. Board is discharged. Matter is adjourned.
    Next Purpose: C/S REPLY
    Next Hearing Date: 08-07-2025
    
    Date: 08-07-2025
    Business: None present for plaintiff.
    Adv. Sachin Kadam for defendant Nos.1 to 3 present and tendered death certificate and covering letter. Taken on record and marked as Exh.7 collectively.
    Adv. Sanket Mungle for defendant No.8 present.
    Defendant No.4 present.
    Adv. Sushma Singh for defendant No.4 and plaintiff in counter claim 15/2017 present and filed application Exh.8. Taken on record.
    Sole plaintiff is expired. No steps are taken within time. Hence, suit stands abated with no order as to costs. Counter claim No.15/2017 to continue and proceed further.
    NM No.4774/2016, NM No. 297/2018, NM No. 2547/2018 stands disposed off in view of abatement order with no order as to costs.
    Nature Of Disposal: OTHER
    Disposal Date: 08-07-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 101359/2018
    Filing Date: 22-01-2018
    First Hearing Date: 26th February 2018
    Decision Date: 08th July 2025
    Court Number And Judge: 8-COURT 08 ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    08 Jul 2025

    Order Details: Notice of Motion Pdf Text: Sr. No.73 08.07.2025 Coram: H.H.J. Shri. R.R. PATARE, City Civil Court, Mumbai.(C.R.08) Suit No. 1311/2016 NM 4774/2016 NM 297/2018 Counter Claim 15/2017 CS 2192/2022 CS 626/2023 NM 2547/2018 Exh.7 collectively Exh.8 None present for plaintiff. Adv. Sachin Kadam for defendant Nos.1 to 3 present and tendered death certificate and covering letter. Taken on record and marked as Exh.7 collectively. Adv. Sanket Mungle for defendant No.8 present. Defendant No.4 present. Adv. Sushma Singh for…

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    Order 1Full order available
    08 Jul 2025

    Order Details: Notice of Motion Pdf Text: Sr. No.73 08.07.2025 Coram: H.H.J. Shri. R.R. PATARE, City Civil Court, Mumbai.(C.R.08) Suit No. 1311/2016 NM 4774/2016 NM 297/2018 Counter Claim 15/2017 CS 2192/2022 CS 626/2023 NM 2547/2018 Exh.7 collectively Exh.8 None present for plaintiff. Adv. Sachin Kadam for defendant Nos.1 to 3 present and tendered death certificate and covering letter. Taken on record and marked as Exh.7 collectively. Adv. Sanket Mungle for defendant No.8 present. Defendant No.4 present. Adv. Sushma Singh for…

    Read Full Order

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