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NOTICE OF MOTION

Ashok Dayanand SonuleVsJacob Dyriamoney And Ors

CNR MHCC0100138220183-COURT 03 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
PENDING

TrustJury record updated 08 Sept 2026

Case Overview

Registration Number
100343/2018
Registration Date
25 Jan 2018
Next Hearing Date
09 Sept 2026
Case Stage
FOR TAKING STEPS

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 20-04-2018
    Business: P.O. is on Leave
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 03-08-2018
    
    Date: 03-08-2018
    Business: Both the parties and advocate absent.
    Register NM no.343/18 not yet tender by adv for plaintiff
    Directions given to plaintiff to tender NM on or before next date otherwise register NM will be dismissed.
    Adjourned to 05.03.2019  for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-03-2019
    
    Date: 05-03-2019
    Business: Both parties and their adv. are absent.
    Adjd to 25/06/2019 for hearing on N.M
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-06-2019
    
    Date: 25-06-2019
    Business: Both parties and their adv. are absent.
    Adjd. to 16.09.2019 n/m hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-09-2019
    
    Date: 16-09-2019
    Business: P.O. is on Leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-11-2019
    
    Date: 29-11-2019
    Business: P.O. is on half day leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-02-2020
    
    Date: 03-02-2020
    Business: Adv for plaintiff Mr.Gawde present.
    None for the defendant.
    Adv for plff requested for adjournment. O-Granted.
    Not tendered register N/M.
    Matter is Adjd for N/M Hearing to 21.02.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-02-2020
    
    Date: 21-02-2020
    Business: Adv. Abhijeet Desai for plaintiff present.
    Adv. for plaintiff stated that original notice of motion is misplace by himself.  He has produced photo copy of registered notice of motion along with affidavit of service.
    Matter is Adjd for affidavit of service of notice of motion on 20.04.2020.
    Next Purpose: SERVICE
    Next Hearing Date: 20-04-2020
    
    Date: 20-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SERVICE
    Next Hearing Date: 11-05-2020
    
    Date: 11-05-2020
    Business: National Lock Down
    Next Purpose: SERVICE
    Next Hearing Date: 30-05-2020
    
    Date: 30-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SERVICE
    Next Hearing Date: 17-06-2020
    
    Date: 17-06-2020
    Business: National Lockdown
    Next Purpose: SERVICE
    Next Hearing Date: 31-07-2020
    
    Date: 31-07-2020
    Business: LOCKDOWN
    Next Purpose: SERVICE
    Next Hearing Date: 23-09-2020
    
    Date: 23-09-2020
    Business: Due to heavy rain fall holiday declared on 23.09.2020 hence, matter taken on todays board.
    Matter adjd to 16.12.2020.
    Next Purpose: SERVICE
    Next Hearing Date: 16-12-2020
    
    Date: 16-12-2020
    Business: P.O. is on Leave.
    Next Purpose: SERVICE
    Next Hearing Date: 05-04-2021
    
    Date: 05-04-2021
    Business: None present.
    Matter adjd for NM hearing on 17.07.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-07-2021
    
    Date: 17-07-2021
    Business: In view of Office Order No.106/21 dated 14.06.2021, only urgent matters are taken for hearing. Hence, board is  discharged.
    The matter is adjd to 20.08.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-08-2021
    
    Date: 20-08-2021
    Business: (Matter received from Court Room No. 14)
    None present.
    Matter stands adjourned to 25.10.2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-10-2021
    
    Date: 25-10-2021
    Business: Adv. Krishnan Dushyant Harsh G for applicant present.
    He filed Memorandum of appearance. TOR and marked as Exh.-
    None for defendant.
    Matter stands adjourned to 21.12.2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-12-2021
    
    Date: 21-12-2021
    Business: Matter mentioned at 2.56 p.m.
    Adv. Dushyant Krishnan for applicant present. He is seeking time. Time granted.
    None present for defendant.
    Matter stands adjourned to 01.02.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-02-2022
    
    Date: 01-02-2022
    Business: Court is on Leave, Hence Board is discharged.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-03-2022
    
    Date: 17-03-2022
    Business: Matter called out at 3.21 p.m.
    Adv. Dushyant Krishnan for plaintiff present.
    He tendered VP. TOR. Exh.5
    He is directed to take appropriate steps to serve the defendants.
    None present for defendant.
    Matter stands adjourned to 05.05.2022 for service/steps.
    Next Purpose: SERVICE
    Next Hearing Date: 05-05-2022
    
    Date: 05-05-2022
    Business: Adv. Dushyant Krishnan for plaintiff present.
    He tendered affidavit of service. TOR. Exh.6.
    Adv. Daljeet Singh for Deft. no.3 present.
    Matter stands adjourned to 20.07.2022 for NM reply.
    Next Purpose: REPLY
    Next Hearing Date: 20-07-2022
    
    Date: 20-07-2022
    Business: Adv. Dushyant Krishnan for plaintiff present.
    Adv. Daljeet Singh for Deft. no.3 present. He is seeking time to file reply. Time granted.
    Matter stands adjourned to 12.09.2022 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 12-09-2022
    
    Date: 12-09-2022
    Business: Adv. Dushyant Krishnan for plaintiff present. He is seeking time. Time granted.
    None present for defendant.
    Matter stands adjourned to 14.12.2022 for NM reply.
    Next Purpose: REPLY
    Next Hearing Date: 14-12-2022
    
    Date: 14-12-2022
    Business: Adv. Dushyant Krishnan for plaintiff present.
    Adv. Daljeet Singh for Deft. no.3 present.
    Ld. Advocate for plaintiff has pointed out that the suit was dismissed for want of permission of charity commissioner under Section 51 of Maharashtra Public Trust Act. The plaintiff has taken out NM No.858/2005 for restoration of suit claiming that Section 51 of Maharashtra Public Trust Act is not applicable. The same notice of motion is dismissed observing that the plaintiff may file fresh suit. The plaintiff challenged that order before Honble High Court who restored the NM No.858/2005 by setting aside the order and asked to decide afresh. However, the said NM is dismissed for want of prosecution. Thus, the plaintiff has taken out this NM No.343/2018 for restoration of NM No.858/2005.
    The plaintiff is directed to serve entire copy of NM No.343/2018 alongwith annexures.
    The advocate of defendant seeking time to file reply. Time granted.
    Matter stands adjourned to 15.02.2023 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 15-02-2023
    
    Date: 15-02-2023
    Business: Adv. Dushyant Krishnan for plaintiff/applicant present.
    Adv. Yuvraj Tribhuvan for defendant No.3 present. He is seeking time. Time granted.
    Plaintiff has served copy of NM to the defendant.
    Matter stands adjourned on 03.04.2023 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 03-04-2023
    
    Date: 03-04-2023
    Business: CORAM :- H.H.J. SHRI SHAIKH AKBAR SHAIKH JAFAR (CR. 03)
    None for plaintiff.
    Advocate Yuvraj Tribhuvan h/f advocate Mr.Bhatia for defendant no.3 present.
    Matter stands adjourned on  28-06-2023 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 28-06-2023
    
    Date: 28-06-2023
    Business: Adv Dushyant Krishnan h/f Adv Abhijeet B. Desai a/w Plaintiff present.
    Adv Yuvraj Tribhuvan h/f Adv Bhatia for defendant present and filed V/P. TOR. He also filed reply to NM No. 343/2018. TOR.
    Copy of reply served to the Plaintiff. He submitted that deft no. 3 being trust has filed appearance.
    Defendant nos. 4 and 5 failed to appear hence, NM is proceeded ex-party against deft nos. 4 and 5.
    Matter stands adjourned on 18-08-2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-08-2023
    
    Date: 18-08-2023
    Business: Court is on leave
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-10-2023
    
    Date: 06-10-2023
    Business: Adv Mishra h/f Adv Abhijeet Desai for Plaintiff present and seeking time. O- Granted.
    None for defendant present.
    Matter stands adjourned on 08-12-2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-12-2023
    
    Date: 08-12-2023
    Business: Advocate Harikrishna Mishra present for Plaintiff and seeking time for NM hearing. Order - Time granted as last chance.
    Advocate Yuvraj Tribhuvan  present for Defendant no.3.
    Matter stands adjourned on 20-02-2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-02-2024
    
    Date: 20-02-2024
    Business: P. O. is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-04-2024
    
    Date: 08-04-2024
    Business: Adv. Vikas Tiwari h/f. Adv. R.C. Mishra for Plaintiff present.
    None for defendant present.
    The affidavit of service indicates that the plaintiff has not served the notice of motion on defendant nos.1 and 2. Therefore the plaintiff is directed to serve the notice of motion on defendant Nos.1 and 2 through substituted service and file service affidavit on next date without fail
    Matter stands adjourned on 09.05.2024 for NM Service.
    Next Purpose: SERVICE
    Next Hearing Date: 09-05-2024
    
    Date: 09-05-2024
    Business: Adv. Mishra for plaintiff present.
    Defendant no. 3 in person present.
    Matter stands adjourned on 16-07-2024 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 16-07-2024
    
    Date: 16-07-2024
    Business: Court is on Leave.
    Next Purpose: SERVICE
    Next Hearing Date: 20-09-2024
    
    Date: 20-09-2024
    Business: Adv. Mamta Dabhade h/f Adv. Mishra for Plaintiff present.
    None for defendant present.
    Later  on Adv. R. Sing for defendant no. 3 present.
    Matter stands adjourned on 20-11-2024 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 20-11-2024
    
    Date: 20-11-2024
    Business: As per Office Order No. 273 of 2024 dtd. 14.11.2024 holiday is declared on account of ''Polling Day'' of General Election of State Legislative Assembly of Maharashtra on 20.11.2024. Hence matter stands adjourned on 24.12.2024.
    Next Purpose: SERVICE
    Next Hearing Date: 24-12-2024
    
    Date: 24-12-2024
    Business: None for Plaintiff present.
    None for defendant present.
    Matter stands adjourned on 25-02-2025 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 25-02-2025
    
    Date: 25-02-2025
    Business: P.O. is on Leave.
    Next Purpose: SERVICE
    Next Hearing Date: 03-05-2025
    
    Date: 03-05-2025
    Business: CORAM - H.H.J. SMT. A. B. SHARMA (CR. 03)
    At Morning session.
    Advocate Harikrishna Mishra for Plaintiff present.
    None for defendant present.
    At Afternoon Session.
    None present.
    Matter stands adjourned on 29-07-2025 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 29-07-2025
    
    Date: 29-07-2025
    Business: P.O. is on Leave.
    Next Purpose: SERVICE
    Next Hearing Date: 12-11-2025
    
    Date: 12-11-2025
    Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
    Advocate Harekrishna N. J.  for Plaintiff present.
    None for defendant present.
    Matter stands adjourned for service to 05-02-2026.
    Next Purpose: SERVICE
    Next Hearing Date: 05-02-2026
    
    Date: 05-02-2026
    Business: CORAM - H.H.J. SHRI. S. M. BUKKE (CR. 03)
    Advocate Harekrishna i/b Advocate Abhijeet Desai for Plaintiff present.
    Advocate Daljeet Singh Bhatia for defendant No.3 present.
    The matter is fixed for service since last so many year. The Ld. Adv for plaintiff submitted that some of the deft are staying in abroad therefore it caused delay to serve upon them. Last chance is granted. If the effective service of writ of summons of NM is not done matter be fixed for dismissal order.
    Matter stands adjourned for NM service to 01-04-2026.
    Next Purpose: SERVICE
    Next Hearing Date: 01-04-2026
    
    Date: 01-04-2026
    Business: CORAM - H.H.J. SHRI. S. M. BUKKE (CR. 03)
    Advocate Hare Krisha Mishra for plaintiff present and tendered affidavit of service on defendant Nos., 1, 2, 3 and 6 and seeking time to serve upon legal heir of defendant No. 4 himself. The original NM 343/2018 is not on record. The advocate for plaintiff to take necessary steps.
    Advocate Daljit Singh Bhatia for defendant No. 3 present.
    Matter stands adjourned for steps to 19-06-2026.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 19-06-2026
    
    Date: 19-06-2026
    Business: CORAM - H.H.J. SHRI. S. M. BUKKE (CR. 03)
    Advocate Harikrishna Mishra for Plaintiff present and seeking time.
    None for defendant present.
    Matter stands adjourned for steps to 18-08-2026
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 18-08-2026
    
    Date: 18-08-2026
    Business: CORAM - H.H.J. SHRI. S. M. BUKKE (CR. 03)
    Advocate  for Plaintiff present and seeking time for steps.
    Advocate Daljeetsingh Bhatia for defendant No. 3 present.
    Matter stands adjourned for steps/order to 09-09-2026.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 09-09-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 101521/2018
    Filing Date: 25-01-2018
    First Hearing Date: 20th April 2018
    Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE

    Orders

    0

    No order text is available in this record.

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