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NOTICE OF MOTION

Smt. Sushama Karbhari YendheVsSmt. Kamal Vilas Yendhe +2 more

CNR MHCC0100153720182-COURT 02 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 13th November 2018

TrustJury record updated 08 Sept 2026

Case Overview

Registration Number
100390/2018
Registration Date
30 Jan 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    4

    Petitioner

    1. 1Smt. Sushama Karbhari Yendhe

    Respondent

    1. 1Smt. Kamal Vilas Yendhe
    2. 2Mr. Amol Volas Yendhe
    3. 3Smt. Nirmala Shrihari Yendhe

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 06-02-2018
Business: Adv. Ms. Anushka Shreshth for plaintiff present.
She filed registered N/M no. 390/18.
Adjd to 2.4.2018 for N/M reply/ affidavit of service.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-04-2018

Date: 02-04-2018
Business: Adv. Ms. Anushka Shreshtha for plaintiff present.
She sought time to file affidavit of service.
Adjd to 8.6.2018 for affidavit of service/N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-06-2018

Date: 08-06-2018
Business: Plff.present. Adv.absent.
She filed affidavit of service t.o.r.
None appeared for Deft.
The main suit is for the purpose that the Plaintiff shall not dispossess without following due process of Law.  Considering the nature of the suit matter is fixed for National Lokadalat as per scheduled on 14.07.2018.  Parties are directed to attend National Lokadalat at 10.00 am.  Issue notices to both the sides through Bailiff.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-07-2018

Date: 14-07-2018
Business: National Lok Adalat Dated 14.07.2018 Panel No.1
Panel Head   HHJ Shri. G.R. Agarwal
Panel Members  Adv. Premchand R. Pal
                            Adv. Pushpa Thapa
Adv Shaila h/f Adv Anushka Shreshtha for plff present.
None for defendant.
Adjd to 28.09.2018.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-09-2018

Date: 28-09-2018
Business: HHJ is Nominated as trainer for training on Mediation hence today Board is discharged.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-11-2018

Date: 13-11-2018
Business: Adv.Ms.Anushka Shreshtha for Plff present.
None for defendant.
Heard adv.for plaintiff in N/m No.390/2018.
Order below N/m No.390/2018
Perused N/m which is supported by an affidavit.  The Ld.adv.for the plaintiff has filed affidavit of service on 08.06.2018.  None appeared for the defendant. Even this matter is referred to National Lokadalat. There also defendants remained absent.  Defendants has neither filed written statement nor reply to this N/m.  As per the contents of the plaint and the documents on record, it prima facie reveals that plaintiff is in possession of the suit premises.  The main suit is for the purpose that the plaintiff shall not be disposed without following due process of Law.  As prima facie, the plaintiff has shown her possession over the suit premises, the balance of convenience  leans in her favour. Therefore I pass the following order.
1 Notice of Motion No.390/2018 is allowed and made absolute in terms of prayer clause (a)only.
2 Notice of motion is disposed of accordingly.
.
Nature Of Disposal: ALLOWED
Disposal Date: 13-11-2018

    Additional Case Details

    Additional Case Details
    Filing Number: 101696/2018
Filing Date: 30-01-2018
First Hearing Date: 06th February 2018
Decision Date: 13th November 2018
Court Number And Judge: 2-COURT 02 ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1
    13 Nov 2018
    Order Details: Other
Pdf Text: 13.11.2018
SU1480/17
CORAM: H. H. J. SHRI.KISHORE M.JAISWAL (CR. NO. 02)
Adv.Ms.Anushka Shreshtha for Plff present.
None for defendant.
Heard adv.for plaintiff in N/m No.390/2018.
Order below N/m No.390/2018
Perused N/m which is supported by an affidavit. The Ld.adv.for the
plaintiff has filed affidavit of service on 08.06.2018. None appeared
for the defendant. Even this matter is referred to National Lokadalat.
There also defendants remained absent. Defendants has neither filed
written statement nor reply to this N/m. As per the contents of the
plaint and the documents on record, it prima facie reveals that plaintiff
is in possession of the suit premises. The main suit is for the purpose
that the plaintiff shall not be disposed without following due process of
Law. As prima facie, the plaintiff has shown her possession over the
suit premises, the balance of convenience leans in her favour.
Therefore I pass the following order.
1 Notice of Motion No.390/2018 is allowed and made absolute in
terms of prayer clause (a)only.
2 Notice of motion is disposed of accordingly.
Adjd.for directions on 29.04.2019.
Judge
-- 1 of 1 --
    Order 1
    13 Nov 2018
    Order Details: Other
Pdf Text: 13.11.2018
SU1480/17
CORAM: H. H. J. SHRI.KISHORE M.JAISWAL (CR. NO. 02)
Adv.Ms.Anushka Shreshtha for Plff present.
None for defendant.
Heard adv.for plaintiff in N/m No.390/2018.
Order below N/m No.390/2018
Perused N/m which is supported by an affidavit. The Ld.adv.for the
plaintiff has filed affidavit of service on 08.06.2018. None appeared
for the defendant. Even this matter is referred to National Lokadalat.
There also defendants remained absent. Defendants has neither filed
written statement nor reply to this N/m. As per the contents of the
plaint and the documents on record, it prima facie reveals that plaintiff
is in possession of the suit premises. The main suit is for the purpose
that the plaintiff shall not be disposed without following due process of
Law. As prima facie, the plaintiff has shown her possession over the
suit premises, the balance of convenience leans in her favour.
Therefore I pass the following order.
1 Notice of Motion No.390/2018 is allowed and made absolute in
terms of prayer clause (a)only.
2 Notice of motion is disposed of accordingly.
Adjd.for directions on 29.04.2019.
Judge
-- 1 of 1 --

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