NOTICE OF MOTION
Mrs. Kandai Raju Devendra - Suit Stamp No.12607 of 2017VsMr. Bhrugupati Kantaprasad Mishra
CNR MHCC01001698201862-COURT 62 AD-HOC ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 27th July 2023
TrustJury record updated 09 Sept 2026
Case Overview
- Registration Number
- 100431/2018
- Registration Date
- 01 Feb 2018
Advocates
1For Petitioner
For Respondent
Not available
Parties
2Respondent
Acts & Sections
1Public Premises (Eviction of Unauthorised Occupants) Act · Sec 9
Case History / Proceedings
Case History
Date: 02-02-2018 Reason For Adjournment: court time is over Next Purpose: NOTICE OF MOTION Next Hearing Date: 27-03-2018 Date: 27-03-2018 Business: None for pltff. Plaintiff is directed to serve WOS and NM again to defendant through Shariff\''s office and speed POST/A.D. r/on and file proof of service. Adjd for service on 05.07.18. Next Purpose: NOTICE OF MOTION Next Hearing Date: 05-07-2018 Date: 05-07-2018 Reason For Adjournment: court time is over Next Purpose: NOTICE OF MOTION Next Hearing Date: 31-07-2018 Date: 31-07-2018 Business: Plaintiff present. None present for the deft. Matter is adjd. to 6.09.2018 Next Purpose: NOTICE OF MOTION Next Hearing Date: 06-09-2018 Date: 06-09-2018 Reason For Adjournment: court time is over Next Purpose: NOTICE OF MOTION Next Hearing Date: 16-11-2018 Date: 16-11-2018 Reason For Adjournment: court time is over Next Purpose: NOTICE OF MOTION Next Hearing Date: 11-12-2018 Date: 11-12-2018 Reason For Adjournment: court time is over Next Purpose: NOTICE OF MOTION Next Hearing Date: 09-01-2019 Date: 09-01-2019 Reason For Adjournment: court time is over Next Purpose: NOTICE OF MOTION Next Hearing Date: 16-02-2019 Date: 16-02-2019 Business: Resumed. Adv. Meena Kharat for plaintiff is present. None for defendant. Exh. 1 - Plaint Exh. 2 - Vakalatnama. O- Seen and filed. Exh. 3 - Address Memo. O- R and R. Exh. 4 - List of documents. O - Seen and filed. Exh. 5 - Affidavit in support of plaint. Exh. 6 - Application for adjournment for service of writ of summons. O - Time is granted till next date. Adjd for report to 26.03.2019. Next Purpose: REPORT Next Hearing Date: 26-03-2019 Date: 26-03-2019 Business: Resumed. PO is busy in hearing argument\''s in SU no. 8152/2000 and 9420/2000. Hence, board is discharged. Adjd to 25.6.2019 for Report. Next Purpose: REPORT Next Hearing Date: 25-06-2019 Date: 26-03-2019 Business: Resumed. PO is busy in hearing argument\''s in SU no. 8152/2000 and 9420/2000. Hence, board is discharged. Adjd to 25.6.2019 for Report. L.O at 5.15 p.m. Plaintiff in person present. She seeks time to submit report of service of summons. Adjd to 25.6.2019 for Report. Next Purpose: REPORT Next Hearing Date: 25-06-2019 Date: 25-06-2019 Business: Advocate for Plaintiff present Court is busy in dictating Judgment in suit no.3522/2012 which is Supreme Court Time bound matter, hence case is adjourned to 16/09/2019. Next Purpose: REPORT Next Hearing Date: 16-09-2019 Date: 16-09-2019 Business: Court is busy in recording evidence in suit no.7793/00 and suit no.9168/92, hence case is adjourned Next Purpose: REPORT Next Hearing Date: 13-11-2019 Date: 13-11-2019 Business: Court is on leave. Next Purpose: REPORT Next Hearing Date: 07-01-2020 Date: 07-01-2020 Business: Advocate Shri. Dhiraj Kanojia for Plaintiff present and filed application to permit plaintiff to serve writ of summons with copies of plaint, N/M upon defendant through bailiff t.o.r. O- Application Allowed. Plaintiff is permitted to serve writ of summons through bailiff. None present for Defendant. Case is adjourned for filing affidavit of service of writ of summons to 23.03.2020. Next Purpose: SERVICE Next Hearing Date: 23-03-2020 Date: 23-03-2020 Next Purpose: SERVICE Next Hearing Date: 01-04-2020 Date: 23-03-2020 Next Purpose: SERVICE Next Hearing Date: 01-04-2020 Date: 01-04-2020 Reason For Adjournment: National Lock Down Next Purpose: SERVICE Next Hearing Date: 16-04-2020 Date: 01-04-2020 Reason For Adjournment: National Lock Down Next Purpose: SERVICE Next Hearing Date: 16-04-2020 Date: 16-04-2020 Business: National Lock down Next Purpose: SERVICE Next Hearing Date: 05-05-2020 Date: 16-04-2020 Business: National Lock down Next Purpose: SERVICE Next Hearing Date: 05-05-2020 Date: 05-05-2020 Business: National Lock down Next Purpose: SERVICE Next Hearing Date: 27-05-2020 Date: 05-05-2020 Business: National Lock down Next Purpose: SERVICE Next Hearing Date: 27-05-2020 Date: 27-05-2020 Reason For Adjournment: National Lock Down Next Purpose: SERVICE Next Hearing Date: 12-06-2020 Date: 12-06-2020 Business: In view of extension of Lockdown period case is adjd. to 07.08.2020 Next Purpose: SERVICE Next Hearing Date: 07-08-2020 Date: 12-06-2020 Business: In view of extension of Lockdown period case is adjd. to 07.08.2020 Next Purpose: SERVICE Next Hearing Date: 07-08-2020 Date: 07-08-2020 Business: Adjourned due to Covid-19. Next Purpose: SERVICE Next Hearing Date: 07-09-2020 Date: 07-09-2020 Business: Due to Covid 19 Next Purpose: SERVICE Next Hearing Date: 27-11-2020 Date: 07-09-2020 Business: Due to Covid 19 Next Purpose: SERVICE Next Hearing Date: 27-11-2020 Date: 27-11-2020 Business: None present for Plaintiffs. None present for Defendants. It seems that due to Corona pandemic, Plaintiffs are absent, hence case is adjourned to 15/02/2021 for service. Next Purpose: SERVICE Next Hearing Date: 15-02-2021 Date: 15-02-2021 Business: Adv Ms. Kharat for plff present mentioned the matter in the morning session. Adv for plff seeks extended time to serve the deft with writ of summons and NM. O- Time extended till next date. Matter is on board of afternoon session hence, kept back. L.O. at 5.05 p.m. None present for deft. Advocate for plff had mentioned the matter in the morning session and had claimed adjournment. As nobody is present for plff, matter is adjd. for service and NM reply to 28.04.2021. Next Purpose: SERVICE Next Hearing Date: 28-04-2021 Date: 28-04-2021 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: SERVICE Next Hearing Date: 25-06-2021 Date: 28-04-2021 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: SERVICE Next Hearing Date: 25-06-2021 Date: 25-06-2021 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: SERVICE Next Hearing Date: 01-09-2021 Date: 25-06-2021 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: SERVICE Next Hearing Date: 01-09-2021 Date: 01-09-2021 Business: None present for both the parties. Plff has been permitted to serve the deft with writ of summons and notice of motion through bailiff as per order dt.07.01.2020 however, it appears that plff has not served the deft till date hence, matter be kept for order to 28.10.2021. Judge L.O. at3.35 p.m. Adv Mr. Sachin Kanojia for plff present and seeks extended time to serve the fresh writ of summons and notice of motion to the deft through bailiff. O- Time extended till next date. Already adjd. to 28.10.2021. Next Purpose: SERVICE Next Hearing Date: 28-10-2021 Date: 28-10-2021 Business: Adv Mr.Sachin Kanojia present for plff. and submitted that attempt to serve the defts through bailiff is made and bailiff report is awaiting. None present for deft. Matter is adjd. for awaiting report to 26.11.2021. Next Purpose: REPORT Next Hearing Date: 26-11-2021 Date: 26-11-2021 Business: Court is on leave. Next Purpose: REPORT Next Hearing Date: 13-01-2022 Date: 13-01-2022 Business: Due to Covid-19, matter is adjd. Next Purpose: REPORT Next Hearing Date: 16-03-2022 Date: 13-01-2022 Business: Due to Covid-19, matter is adjd. Next Purpose: REPORT Next Hearing Date: 16-03-2022 Date: 16-03-2022 Business: Adv Mr. Sachin Kanojia present for plff. and mentioned the matter in the morning session. None present for deft. Adv for the plff filed application to re-issue fresh summons and NM service on the defendant by RPAD. Heard. Plantiff is permitted to serve writ of summons and NM on defendant simultaneously through bailiff and by RPAD. Matter is adjd. for affidavit of service of writ of summons to 16.06.2022. Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 16-06-2022 Date: 16-06-2022 Business: Preciding Officer is on Leave. Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 27-07-2022 Date: 16-06-2022 Business: Preciding Officer is on Leave. Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 27-07-2022 Date: 27-07-2022 Business: None present from both the parties. As Court is busy in dictating judgments in Suit No. 935/16, 936/16, 942/16. For want of time. Matter adjd to 10.10.2022 for affidavit of service. Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 10-10-2022 Date: 27-07-2022 Business: None present from both the parties. As Court is busy in dictating judgments in Suit No. 935/16, 936/16, 942/16. For want of time. Matter adjd to 10.10.2022 for affidavit of service. Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 10-10-2022 Date: 10-10-2022 Business: None present for both sides. Matter is referred to lok-adalat. Matter adjd to 12.11.2022 for lok-adalat. Next Purpose: Lok-Nyayalay Next Hearing Date: 12-11-2022 Date: 10-10-2022 Business: None present for both sides. Matter is referred to lok-adalat. Matter adjd to 12.11.2022 for lok-adalat. Next Purpose: Lok-Nyayalay Next Hearing Date: 12-11-2022 Date: 12-11-2022 Business: Both parties are absent. Matter is adjourned to 15-12-2022 Not settled. Next Purpose: Lok-Nyayalay Next Hearing Date: 15-12-2022 Date: 15-12-2022 Business: None for plaintiff present. None for defendant. Matter adjd to 03/03/2023 for service affidavit. Judge Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 03-03-2023 Date: 03-03-2023 Business: HHJ is on leave. Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 12-06-2023 Date: 03-03-2023 Business: HHJ is on leave. Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 12-06-2023 Date: 12-06-2023 Business: None for plaintiff None for defendant Matter is adjd.to 27-07-2023 for orde against plaintiff Next Purpose: ORDER Next Hearing Date: 27-07-2023 Date: 27-07-2023 Business: None for plaintiff. None for defendant From the perusal of the record, it appears that though the plaint is presented on 21-11-2017, the plaintiff failed to serve the defendant with the writ of summons. The plaintiff is not attending the matter since last several dates not taking steps to serve defendant with writ of summons. The suit is therefore liable to be dismissed for want of prosection. The suit accordingly stand dismissed for want of prosecution. The pending Nms if any also stands dismissed. Nature Of Disposal: DISMISSED Disposal Date: 27-07-2023
Additional Case Details
Additional Case Details
Filing Number: 101881/2018 Filing Date: 01-02-2018 First Hearing Date: 02nd February 2018 Decision Date: 27th July 2023 Court Number And Judge: 62-COURT 62 AD-HOC ADDL SESSIONS JUDGE
Orders
2Final Order 127 Jul 2023
27 Jul 2023
Order Details: Other Pdf Text: 8/28/23, 1:33 PM Case History 172.16.148.30/swecourtis/kiosk/ 1/1 Back Daily Status IN THE COURT OF :COURT 62 ADDL SESSIONS JUDGE Case No. :NOTICE OF MOTION/0100431/2018 Mrs. Kandai Raju Devendra - Suit Stamp No.12607 of 2017 Vs Mr. Bhrugupati Kantaprasad Mishra Date : 27-07-2023 Business : None for plaintiff. None for defendant From the perusal of the record, it appears that though the plaint is presented on 21-11-2017, the plaintiff failed to serve the defendant with the writ of summons. The plaintiff is not attending the matter since last several dates not taking steps to serve defendant with writ of summons. The suit is therefore liable to be dismissed for want of prosection. The suit accordingly stand dismissed for want of prosecution. The pending Nms if any also stands dismissed. Nature of Disposal : DISMISSED Disposal Date : 27-07-2023 COURT 62 ADDL SESSIONS JUDGE -- 1 of 1 --
Order 127 Jul 2023
27 Jul 2023
Order Details: Other Pdf Text: 8/28/23, 1:33 PM Case History 172.16.148.30/swecourtis/kiosk/ 1/1 Back Daily Status IN THE COURT OF :COURT 62 ADDL SESSIONS JUDGE Case No. :NOTICE OF MOTION/0100431/2018 Mrs. Kandai Raju Devendra - Suit Stamp No.12607 of 2017 Vs Mr. Bhrugupati Kantaprasad Mishra Date : 27-07-2023 Business : None for plaintiff. None for defendant From the perusal of the record, it appears that though the plaint is presented on 21-11-2017, the plaintiff failed to serve the defendant with the writ of summons. The plaintiff is not attending the matter since last several dates not taking steps to serve defendant with writ of summons. The suit is therefore liable to be dismissed for want of prosection. The suit accordingly stand dismissed for want of prosecution. The pending Nms if any also stands dismissed. Nature of Disposal : DISMISSED Disposal Date : 27-07-2023 COURT 62 ADDL SESSIONS JUDGE -- 1 of 1 --
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