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CHAMBER SUMMONS

Babibai Moreshwar Patil And OrsVsMs Om Enterprises And Ors

CNR MHCC01001581201814-COURT 14 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 25th October 2018

TrustJury record updated 08 Sept 2026

Case Overview

Registration Number
100220/2018
Registration Date
31 Jan 2018

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: 26-02-2018
    Business: Adv Sanket Mungle for plff present.
    Adv Ankita Parwadi for deft no. 1, 3 and 4 present.
    Ld counsel for deft no. 1, 3 and 4 filed reply to NM No. 398/18. t.o.r. Copy served to other side.
    Deft no. 2 expired. Ld counsel for plff submitted they are taking necessary steps for bringing LR\''s of deft no. 2 hence prayed for grant of permission to register CS and file draft CS alongwith affidavit. t.o.r
    Heard. Leave granted. CS be registered. Copy be served upon other side and proposed LR\''s of deft no. 2. Affidavit of service be filed.
    ld counsel for defts sought time for hearing NM and CS.
    Adj for hearing NM 398/18 and CS 220/18 to 12/03/2018.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-03-2018
    
    Date: 12-03-2018
    Business: P.O. is on Mediation Training.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-03-2018
    
    Date: 21-03-2018
    Business: HCTB
    Adv. Umesh Tavari Present for the Plff.
    Deft no.4 inperson Present. The Deft no.03 requested for adj. as their counsel is not available today. Therefore the Ld counsel for the Plff submitted as matter is HCTB last chance granted.
    Adj. for Hearing of NM 398/18, CS 447/18 and 220/18 mean while interm order to continue on 04/04/2018.
    Next Purpose: S.CT.H.CT. TIME BOUND
    Next Hearing Date: 28-03-2018
    
    Date: 28-03-2018
    Business: NOB-TOB.
    Writ received from Hon\''ble High Court D.D.(A.O.) No.0703767/18, dt. 14/03/2018.
    there by the order dt. 03/11/2014 in NM 3160/14 in suit no. 3622/08 of dismissal of NM is set aside with direction to restored the suit. The suit is restored to its original file alongwith order and application, subject to payment of costs of Rs.10,000/-. The said amount is to be deposited in the trial court within a period of two weeks from today. The trial court to hear the matter and conclude it preferable on or Before 31st December, 2018.
    Ld counsel for the appellants wants to withdraw the civil application and seeks liberty to approach before the trial court.
    Liberty to given to the appellants to seeks appropriate relief before the trial court.
    With this, appeal from Order is disposed of. Civil application is also accordingly disposed of.
    Parties to act upon an authenticated copy of this order.
    Next Purpose: S.CT.H.CT. TIME BOUND
    Next Hearing Date: 04-04-2018
    
    Date: 04-04-2018
    Business: HCTB
    Adv. Sanket Mungale Present for the Plff.
    Adv. Ms. Ankita Present for the Deft.no.1,3,4
    On the Oral request of the Ld counsel for the Plff. Adj. granted prayer of continuation of order till next date.
    Adj. for Hearing of CS 220/18, 447/18 and NM 398/18 on 09/04/2018.
    Next Purpose: S.CT.H.CT. TIME BOUND
    Next Hearing Date: 09-04-2018
    
    Date: 09-04-2018
    Business: Adv. Gandhi Present for the Plff.
    Adv. M. G. Sawant Present for the Deft. no. 1,3, 4.
    Deft no.3 inperson Present.
    Earlier order continue till next date.
    Adj. for Hearing of CS no. 220/18,447/18 and NM 398/18.
    Next Purpose: S.CT.H.CT. TIME BOUND
    Next Hearing Date: 16-04-2018
    
    Date: 16-04-2018
    Business: Adv. Gandhi Present for the Plff.
    Adv. N. G. Samant Present for the Deft. no. 1,3,4.
    Heard both sides over CS 220/18, CS 447/18 at length.
    After the argument of both sides court quirrey was raised about pointing of document of constitute attorney in respect of the CS. As the conveyance deed Ex. A to Cs no. 220/18 is seems to be incomplete document. So also in CS there is no document of constitute attorney placed on record. Therefore Ld counsel for the Plff is directed to place both the Original CA on record for verification. Hence adj. for order till compliance of the above order.
    Till then the NM 398/18 is kept for hearing and the ad-interim order to continue till order on CS 447/18 and CS 220/18 is passed. Hence adj. for order of CS after compliance and Hearing of NM 398/18 on 25/04/2018.
    Next Purpose: S.CT.H.CT. TIME BOUND
    Next Hearing Date: 25-04-2018
    
    Date: 25-04-2018
    Business: dv. Sanket Mungale Present for the Plff.
    Adv. M. G. Sawant Present for the Deft. no. 1,3,4.
    In view of the compliance of direction dt.16/04/2018, Ld counsel for the Plff filed additional affidavit alongwith copy of power of attorney in support of CS 220/18. t.o.r. copy supplied to Deft no. 1,3,4.
    Ld counsel for the Plff further submitted that, deed of conveyance dt. 26/10/2009 registered with Sub-Registrar Borivali-5, Mumbai was having original Power of Attorney from Page no. 14 to 20 which is removed and it is not traceable. Therefore said power of attorney in original is not place on record. However he sought permission to tendered certified copy of the entire document of conveyance deed on record on next date.
    Ld counsel for the Plff, further submitted that, the Second document is original Power of Attorney Dt. 27/10/2009. It is objected by ld counsel for the Deft no 1, 3, 4 by submitting that on page no. 6 on behalf of the vendors 1 to 6 it bears signature of vendor no. 6 Shri Raj
    Next Purpose: S.CT.H.CT. TIME BOUND
    Next Hearing Date: 03-05-2018
    
    Date: 03-05-2018
    Business: PO is on Leave.
    Next Purpose: S.CT.H.CT. TIME BOUND
    Next Hearing Date: 04-06-2018
    
    Date: 04-06-2018
    Business: Plff. Present. Adv Mr. Sanket Mungle for plff. Present.
    Deft. no.3 present in person.
    Adv for defendants absent.
    Adv for plff. filed additional affidavit on behalf of plff. in support of Ch/s no. 220/18 towards compliance of undertaking.
    Adjd. For argument on 18.06.2018.
    Next Purpose: S.CT.H.CT. TIME BOUND
    Next Hearing Date: 18-06-2018
    
    Date: 18-06-2018
    Business: Adv Mr. Gandhi for plff. Present.
    None for deft.
    K.B..L.O. at 3.37pm.
    ADv Mr. Gandhi for plff. Present.
    Adv Mr. Samant for defendant nos.1,3 and 4 present.
    Argument is heard of ld. Adv Mr. Gandhi for plff. And Adv Mr. for deft. on Ch/s 220/18 and 447/2018
    Adjd. For orders on 06.07.2018.
    Next Purpose: ORDER
    Next Hearing Date: 06-07-2018
    
    Date: 06-07-2018
    Business: Adv Mr. Umesh for plff. Present.
    Deft. no.3 and  4  present.
    As Court is busy in recording evidence in SC No. 625/17 and dictating order in NM No. 3399/17, in MA No. 1400/18 and BA No.1264/18 in Appeal No.422/18 and in Ch/s 737/18 and 216/17 397/16 hence adjd.
    Adjd. For order on Ch/s on 13.07.2018.
    Next Purpose: ORDER
    Next Hearing Date: 13-07-2018
    
    Date: 06-07-2018
    Business: Adv Mr. Umesh for plff. Present.
    Deft. no.3 and  4  present.
    As Court is busy in recording evidence in SC No. 625/17 and dictating order in NM No. 3399/17, in MA No. 1400/18 and BA No.1264/18 in Appeal No.422/18 and in Ch/s 737/18 and 216/17 397/16 hence adjd.
    Adjd. For order on Ch/s on 13.07.2018.
    Next Purpose: ORDER
    Next Hearing Date: 13-07-2018
    
    Date: 06-07-2018
    Business: Adv Mr. Umesh for plff. Present.
    Deft. no.3 and  4  present.
    As Court is busy in recording evidence in SC No. 625/17 and dictating order in NM No. 3399/17, in MA No. 1400/18 and BA No.1264/18 in Appeal No.422/18 and in Ch/s 737/18 and 216/17 397/16 hence adjd.
    Adjd. For order on Ch/s on 13.07.2018.
    Next Purpose: ORDER
    Next Hearing Date: 13-07-2018
    
    Date: 13-07-2018
    Business: Adv Mr. Mungle for plff. Present.
    None for deft.
    Adjd. For order 18.07.2018.
    Next Purpose: ORDER
    Next Hearing Date: 18-07-2018
    
    Date: 18-07-2018
    Business: Adv Ms. Vithlani for applicant in Ch/s no. 447/18 and 220/18.
    Partner of deft , firm in person present.
    Court is busy in H.C. time bound matter SU  3741/98 and recording evidence in SC No. 625/17 and 5/2018. Hence adjd. for orders on 24.07.2018.
    Next Purpose: ORDER
    Next Hearing Date: 24-07-2018
    
    Date: 24-07-2018
    Business: As per directions of Hon\''ble Bombay High Court, Court is busy in taking up day to day time bound matter bearing SU No. 3741/98. Therefore board is discharged.
    Adjd. To 07.08.2018.
    Next Purpose: ORDER
    Next Hearing Date: 07-08-2018
    
    Date: 24-07-2018
    Business: As per directions of Hon\''ble Bombay High Court, Court is busy in taking up day to day time bound matter bearing SU No. 3741/98. Therefore board is discharged.
    Adjd. To 07.08.2018.
    Next Purpose: ORDER
    Next Hearing Date: 07-08-2018
    
    Date: 24-07-2018
    Business: As per directions of Hon\''ble Bombay High Court, Court is busy in taking up day to day time bound matter bearing SU No. 3741/98. Therefore board is discharged.
    Adjd. To 07.08.2018.
    Next Purpose: ORDER
    Next Hearing Date: 07-08-2018
    
    Date: 24-07-2018
    Business: As per directions of Hon\''ble Bombay High Court, Court is busy in taking up day to day time bound matter bearing SU No. 3741/98. Therefore board is discharged.
    Adjd. To 07.08.2018.
    Next Purpose: ORDER
    Next Hearing Date: 07-08-2018
    
    Date: 07-08-2018
    Business: P.O. is on leave
    Next Purpose: ORDER
    Next Hearing Date: 30-08-2018
    
    Date: 30-08-2018
    Business: Adv. Mr. Mungale for Plaintiff Present. Adv. Mr. Samant for defendant nos.1 3 and 4 Present.
    Adjd to 10/09/2018 for re-hearing on ch/su nos. 220/18 and 447/18
    Next Purpose: C/S  HEARING
    Next Hearing Date: 10-09-2018
    
    Date: 10-09-2018
    Business: Adv. Umesh Tavare for Plaintiff Present.
    Representative of Defendant Present.
    Adjd to 08/10/2018 for hearing on Ch/su
    Next Purpose: C/S  HEARING
    Next Hearing Date: 08-10-2018
    
    Date: 08-10-2018
    Business: Adv. Ms.Hetal Itlani for Plaintiff Present.Adv. Ms. Desai for defendant PresentBoth advocates seeking short time to argue in ch/su. As per order of Honble High Court matter is to be decided on or before 31/12/2018. So last chance granted and no further adjournment will be granted.
    Adjd  22/10/2018 for hearing on ch/su
    Next Purpose: C/S  HEARING
    Next Hearing Date: 22-10-2018
    
    Date: 22-10-2018
    Business: Adv. Mr. Kaustub Patil for Plaintiff Present.
    Adv. Mr. Samant for defendant nos. 1, 3 and 4 Present.
    K.B.
    L.O at. 04.15 p.m
    Adv. Gandhi for Plaintiff Present.
    Adv. Mr. Samant for defendant nos. 1, 3 and 4 Present.
    Heard arguments of both the sides on ch/su 220/18
    Adjd to 25/10/2018 for Order on ch/su no. 220/18
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 25-10-2018
    
    Date: 25-10-2018
    Business: Adv.Mranal Mandhane for Plaintiff Present.Adv. Ankita Parwadi for defendant nos. 1, 3 and 4 Present.F.R.S.R. following order is passed ORDER 1.Chamber Summons No.220 of 2018 is allowed.2.The applicant Ranchod Pandya is permitted to join as aplaintiff alongwith original plaintiffs and to continue the suit.He is allowed to carry out the amendment as per the schedule on payment of necessary court fees on the basis of his registered Conveyance Deed dated 26.10. 2009.3.Amendment should carry out within eight days.4.ChamberSummons No.220 of 2018 stands disposed of accordinglyAdjd to 31/10/2018 for Compliance
    Nature Of Disposal: ALLOWED
    Disposal Date: 25-10-2018

    Additional Case Details

    Additional Case Details
    Filing Number: 101688/2018
    Filing Date: 31-01-2018
    First Hearing Date: 26th February 2018
    Decision Date: 25th October 2018
    Court Number And Judge: 14-COURT 14  ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    25 Oct 2018

    Order Details: Chamber summons Pdf Text: 1 CS No.22018 CNR No. MHCC010015812018 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY CHAMBER SUMMONS NO.220 OF 2018 IN SUIT NO.3622 OF 2008 (HIGH COURT SUIT NO.1040 OF 2008) Ranchod Pandya ...Applicant (Proposed Plaintiff). Babibai Moreshwar Patil & Ors. ...Plaintiffs. V/s. M/s. Om Enterprises & Ors. ...Defendants. Appearances: Ld. Adv. Mr. Gandhi for the plaintiffs. Ld. Adv. Mr. Samant for the defendant nos.1, 3 and 4. CORAM : HER HONOUR JUDGE SMT. KALPANA…

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    Order 1Full order available
    25 Oct 2018

    Order Details: Chamber summons Pdf Text: 1 CS No.22018 CNR No. MHCC010015812018 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY CHAMBER SUMMONS NO.220 OF 2018 IN SUIT NO.3622 OF 2008 (HIGH COURT SUIT NO.1040 OF 2008) Ranchod Pandya ...Applicant (Proposed Plaintiff). Babibai Moreshwar Patil & Ors. ...Plaintiffs. V/s. M/s. Om Enterprises & Ors. ...Defendants. Appearances: Ld. Adv. Mr. Gandhi for the plaintiffs. Ld. Adv. Mr. Samant for the defendant nos.1, 3 and 4. CORAM : HER HONOUR JUDGE SMT. KALPANA…

    Read Full Order

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