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NOTICE OF MOTION

Dattatray Sadashiv Ajab Suit Stamp No. 67/2018VsNarayan Sadashiv Ajub and Ors.

CNR MHCC0100136320188-COURT 08 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 02nd February 2023

TrustJury record updated 08 Sept 2026

Case Overview

Registration Number
100307/2018
Registration Date
24 Jan 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 05-02-2018
    Reason For Adjournment: court time is over
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 25-04-2018
    
    Date: 25-04-2018
    Reason For Adjournment: court time is over
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 24-08-2018
    
    Date: 24-08-2018
    Business: Matter adj. to 26/11/2018 for Reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 26-11-2018
    
    Date: 26-11-2018
    Reason For Adjournment: court time is over
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 12-02-2019
    
    Date: 12-02-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 18-03-2019
    
    Date: 18-03-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 10-06-2019
    
    Date: 10-06-2019
    Business: Adv. Mr. R. K. Agarwal for the Plaintiff present.
    Adv. Ms. Seema for Defendant no. 2 present.
    Adv. Mr. Suresh Muluk for Defendant no. 1 present.
    Rejoinder to N/M tendered by the Plaintiff. t.o.r.
    Order passed below exh. 2.
    This is an application filed by the Plaintiff at the time of filing of the suit under O-2 R-2 of the CPC. Leave is granted as prayed for.
    Accordingly exh. 2 stands disposed.
    In view of order passed below exh. 2, application Exh. 5 of Defendant no. 1 stands disposed of.
    Adv for Defendant no 2 seeks adjournment for filing reply to N/M. Granted.
    Earlier ad interim order continued till next date.
    Matter is adjd. to 22.07.2019 for reply to N/M by Defendant no. 2/ steps by the Plaintiff regarding registration of the suit.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 22-07-2019
    
    Date: 22-07-2019
    Business: Adv. Chanchal Sharma for Plaintiff present.
    Adv. Prasad Desai for def. no.1 present.
    Earlier ad interim order be continued till next date.
    Matter is adjd. to 16.09.2019 for NM hearing/ proof of service of writ of summons.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 16-09-2019
    
    Date: 16-09-2019
    Business: Adv. Rakesh Agrawal for the Plaintiff presnet.
    Adv. Mr. Desai for Defendant no. 1 present.
    Adv.Krishna Patel for Defendant no. 2  present. \''
    Reply to application tendered by Defendant no. 2. t.o.r.
    Reply to N/M no. 307/18 tendered by Defendant no. 2. t.o.r.
    By consent matter is adjd. to 18.11.2019
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 18-11-2019
    
    Date: 18-11-2019
    Business: Adv. Neil Chettiar h/f adv. Rakesh Agrawal for plaintiff present.
    Adv. prasad Desai for defendant 1 present.
    Earlier Ad-interim order, if any be continued till next date.
    Court is busy in recording evidence and also dictating order in NM 472/19 and hearing in urgent matters.
    By consent Adjd to 16/12/2019  for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-12-2019
    
    Date: 16-12-2019
    Business: Adv. Agarwal  for Plaintiff is present.
    Adv. Prasad Desai for Defendant no.1 is  present. He seeks time for NM hearing as adv. on record is busy in small causes court. O Granted as a last chance. Defendant no. 1 failed to file WS therefore NO WS order is passed against defendant no. 1.
    Adv. Arshad for defendant no. 2 is present.
    Earlier Ad-interim order, if any be continued till next date.
    Matter is adjd. for NM hearing to 20/01/2020 .
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-01-2020
    
    Date: 20-01-2020
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-03-2020
    
    Date: 26-03-2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-04-2020
    
    Date: 18-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-05-2020
    
    Date: 08-05-2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-05-2020
    
    Date: 29-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-06-2020
    
    Date: 16-06-2020
    Business: national lock down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-10-2020
    
    Date: 16-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-10-2020
    
    Date: 17-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-01-2021
    
    Date: 08-01-2021
    Business: None for plaintiff.
    Adv. Trivedi for the defendant no.2.
    Matter is adjd. to 23/02/2021 for tendering registered NM taken out by defendant no.1.
    Next Purpose: SERVICE
    Next Hearing Date: 23-02-2021
    
    Date: 23-02-2021
    Business: Advocate S. S. Muluk for defendant no.1 present.
    Advocate Trivedi for defendant no.2 present.
    Advocate Rahul Tiwari for plaintiff present.
    Advocate for the defendant no.1 tendered registered N/M No. 1043/2020 along with affidavit in support. t.o.r.
    Matter is adjd. to 19/04/2021 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 19-04-2021
    
    Date: 19-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPLY
    Next Hearing Date: 05-07-2021
    
    Date: 05-07-2021
    Business: Adv.Shukla for plaintiff. None for defendant. Adv.of plaintiff repeatedly requested to continue Earlier order. But on perusal on Roznama from 26.03.2020 the earlier order is discontinued. Therefor suddenly without giving opportunity to other side this court can not continue earlier order. Matter is adjd. to 23.08.2021 for NM hearing
    Next Purpose: REPLY
    Next Hearing Date: 23-08-2021
    
    Date: 23-08-2021
    Business: COURT IS ON LEAVE
    Next Purpose: REPLY
    Next Hearing Date: 27-09-2021
    
    Date: 27-09-2021
    Business: Court is busy in dictating order in NM-1792/21 (Suit-1568/21) and NM No.3356/18 (Suit-2349/18).Hence board is discharged.
    Matter is adjd. to 06.12.2021 for NM hearing.
    Next Purpose: REPLY
    Next Hearing Date: 06-12-2021
    
    Date: 06-12-2021
    Business: Adv Rahul Tiwari present for the plaintiff.
    Adv Prasad Desai present for the defendant no.1
    Adv Trivedi present for the defendant no.3
    ORDER
    I have heard both the Ld advocates. In order to adjudicate the matter fully and finally, No WS order against the defendant no.1 is set aside. He has not shown diligence, cost is imposed upon him. Accordingly, NM is allowed subject to payment of cost Rs.1000/- to be paid to the plaintiff. Defendant no.1 is directed to file WS. Matter is adjourned to 31.01.2022
    Earlier order if any to continue till next date.
    Matter is adjd. to 31.01.2022 NM.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 31-01-2022
    
    Date: 31-01-2022
    Business: Adv Mr.Tiwari for plaintiff present.
    Adv Prasad Desai for defendant no.1  present.
    Earlier order if any to continue till next date.
    Matter is adjd. to 07.03.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-03-2022
    
    Date: 07-03-2022
    Business: (As per order of Hon\''ble Principal Judge dtd.25/2/22, matter is reassigned to this court.)
    Adv. Rahul Tiwari present for plaintiff.
    Adv. Trivedi present For defendant. 02/S.R.A.
    Adv. Desai present for def. no. 01.
    Earlier order, if any, to continue till next date.
    by consent, Matter adjourned for hearing on nm 307/2018 to 18/04/22.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-04-2022
    
    Date: 18-04-2022
    Business: Adv. Agrawal present for plaintiff. Adv. Desai present for defendant no. 01 and sought adjournment. Adv. Trivedi present for defendant no. 02. Earlier order If any, to continue till next date. Matter adjourned for NM hearing to 20.06.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-06-2022
    
    Date: 20-06-2022
    Business: Adv. Rakesh Agrawal present for plaintiff. Adv. Ashok Mhatre present for defendant/SRA. Adv. Prasad Desai Present for the defendant no. 01 and sought adjournment. Earlier order, if any, to continue till next date. Matter adjourned as a last chance for nm hrg. To 25/07/22.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-07-2022
    
    Date: 25-07-2022
    Business: Adv. Rakesh Agrawal present for plaintiff. Adv. Trivedi present for defendant 03. Adv. Suresh Mulak present for the defendant no. 01 and sought adjournment for nm hearing. Earlier order, if any, to continue till next date. Matter adjourned for nm hearing to 22/08/22.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-08-2022
    
    Date: 22-08-2022
    Business: Adv. Darpan Jain hf adv. Ralesh Agrawal present for plaintiff.
    Adv. Bhandari hf adv. Trivedi present for defendant 03/SRA.
    Adv. Prasad Desai present for defendant 01 and sought adjournment.
    Earlier order, if any, to continue till next date.
    Matter adjourned for nm hearing to 19/09/22.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-09-2022
    
    Date: 19-09-2022
    Business: Son of Plaintiff in person present and sought adjournment.
    Adv. Bhandari hf adv. Trivedi present for defendant 03/SRA.
    Adv. Suresh muluk present for defendant no. 01.
    Adv. Trivedi present for defendant./SRA.
    Earlier order, if any, to continue till next date.
    Matter adjourned for nm hearing to 10/10/22.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-10-2022
    
    Date: 10-10-2022
    Business: Adv. Rakesh agrawal present for plaintiff.
    Adv. Prasad desai present for defendant 01 and sought adjournment.
    None present for other defendants.
    Earlier order, if any, to continue till next date.
    Matter adjourned for nm hearing to 14/11/22.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-11-2022
    
    Date: 14-11-2022
    Business: Adv. R. K. Agrawal for plff.
    Adv. Trivedi for deft no. 2.
    Adv. Suresh Kadu for deft no.1.
    Earlier order if any to continue till next date.
    By consent Matter is adj. For N/m hearing to 29.11.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-11-2022
    
    Date: 29-11-2022
    Business: Adv. R. K. Agrawal present for plaintiff.
    Adv. Bhandari hf adv. Trivedi present for defendant 02/SRA.
    Adv. Loopa Shelke present for defendant no. 01 and sought adjournment.
    Earlier order, if any, to continue till next date.
    Matter adjourned for nm hearing to 09/01/23.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-01-2023
    
    Date: 09-01-2023
    Business: Adv. Rakesh Agrawal present for plaintiff and submitted that, nm no. 1043/2020 is already disposed on 06/12/21.
    Adv. Suresh Muluk present for defendant no. 01 and submitted that, nm no. 1043/2020 is already disposed on 06/12/21.
    Adv. Trivedi present for defendant no. 02.
    From the record it appears that, as per order dt. 06/12/21 nm no. 1043/2020 is already disposed of. Hence, necessary entry of disposal of the above nm be taken into CIS.
    Heard arguments of ld. Advocate for plaintiff and ld. Advocate for defendant on nm no. 307/2018.
    None present for other defendant no. 03.
    Adv. For defendant no. 01 submitted that, he will tender written notes of arguments on the next date. Adv. For plaintiff submitted that, he want to tender one judgement.
    Earlier order, if any, to continue till next date.
    Matter adjourned for submission of written notes of arguments if any and submission of judgment  of plaintiff to 16/01/23.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-01-2023
    
    Date: 16-01-2023
    Business: None present for plaintiff.
    Adv Suresh Muluak present for defendant no. 01 and tendered Written Notes of argument in NM no. 307/2018.TOR.
    Adv Trivedi present for defendant no. 02.
    KB
    Adv Rakesh Agarwal for plaintiff present and tendered written notes of arguments in NM No. 307/2018 along with judgements relied. TOR Copy supplied to adv for deft no.2.
    Adv for deft no. 1 sought adjournment for making submission on tender by adv for plaintiff.
    Earlier order, if any, to continue till next date.
    Matter adjourned for NM hearing to 30-01-2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-01-2023
    
    Date: 30-01-2023
    Business: Adv. Kunal patel present for plaintiff.
    Adv. Bhandari hf adv. Trivedi present for defendant no. 02/SRA.
    Adv. Suresh present for defendant no. 01.
    kb
    l.o. at 04.08 pm.
    Adv. Rakesh Agrawal present for the plaintiff.
    Adv. Trivedi present for defendant no. 02/SRA.
    Heard further arguments of ld. Advocate for plaintiff and ld. Advocate for defendant no. 01 and for defendant no. 02. on Notice of Motion no. 307/2018.
    None present for defendant no. 03.
    Earlier order, if any, to continue till next date.
    Matter adjourned for order on nm no. 307/2018 to 02-02-23.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 02-02-2023
    
    Date: 02-02-2023
    Business: None present for plaintiff.
    Adv. Prasad Desai present for defendant no. 01.
    None present for other defendants.
    F.R.S.R. following order is passed on Notice of Motion No.307 of 2018 .
                                        ORDER
    1) Notice of Motion No. 307 of 2018  is partly allowed.
    2) The effect and operation of the impugned Gift Deed dtd.19/01/2009 is hereby stayed till disposal of suit or further order whichever is earlier.
    3)  Notice of Motion No.307 of 2018  is disposed off accordingly.
    Authenticated copy of Roznama be given to both the parties if requested.
    Nature Of Disposal: ALLOWED
    Disposal Date: 02-02-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 101377/2018
    Filing Date: 24-01-2018
    First Hearing Date: 05th February 2018
    Decision Date: 02nd February 2023
    Court Number And Judge: 8-COURT 08 ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    02 Feb 2023

    Order Details: Notice of Motion Pdf Text: 1 IN NM NO.30718 IN SUIT 192019 MHCC010013632018 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY NOTICE OF MOTION NO.307 OF 2018 IN SUIT NO.1920 OF 2019 Dattatray Sadashiv Ajab ] ...Plaintiff. Versus Narayan Sadashiv Ajab & Others ]…Defendants. Appearance: Ld. Advocate Rakesh Agrawal for Plaintiff. Ld. Advocate Suresh Muluak for Defendant No.1. Ld. Advocate Trivedi for Defendant No.2. CORAM : K.P. KSHIRSAGAR JUDGE, (C.R.NO.08) DATE : 02/02/2023 ORAL ORDER 1) Plaintiff has…

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    Order 1Full order available
    02 Feb 2023

    Order Details: Notice of Motion Pdf Text: 1 IN NM NO.30718 IN SUIT 192019 MHCC010013632018 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY NOTICE OF MOTION NO.307 OF 2018 IN SUIT NO.1920 OF 2019 Dattatray Sadashiv Ajab ] ...Plaintiff. Versus Narayan Sadashiv Ajab & Others ]…Defendants. Appearance: Ld. Advocate Rakesh Agrawal for Plaintiff. Ld. Advocate Suresh Muluak for Defendant No.1. Ld. Advocate Trivedi for Defendant No.2. CORAM : K.P. KSHIRSAGAR JUDGE, (C.R.NO.08) DATE : 02/02/2023 ORAL ORDER 1) Plaintiff has…

    Read Full Order

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