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NOTICE OF MOTION

Anil Sunil Khade And Ors . High Court Notice Of Motion No.3667 of 2011VsDyandev Nivrutti Khade And Ors

CNR MHCC01001800201814-COURT 14 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHER
Decision Date: 09th March 2021

TrustJury record updated 09 Sept 2026

Case Overview

Registration Number
100446/2018
Registration Date
03 Feb 2018

Advocates

1

For Petitioner

    Not available

    For Respondent

    Parties

    2

    Petitioner

    1. 1Anil Sunil Khade And Ors . High Court Notice Of Motion No.3667 of 2011

    Respondent

    1. 1Dyandev Nivrutti Khade And Ors

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 20-03-2018
Business: Adv. Mr.Prakash Mahadik for plaintiff present.
Adv.Ms.Nilu Mishra for defendant Nos.1 to 3 present.
Adv.Ms.Urmila Kadam filed VP for defendant No.4  TOR.
Ld.counsel for plaintiff tendered re-registered NM No.1174 of 2018 (3296 of 2007).
Adj for hearing on NM 1174 of 2018 to 17.04.2018.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-04-2018

Date: 17-04-2018
Business: Adv. Prakash Mahadik Present for the Plff.
Adv. Mishra Present for the Deft. no. 1 to 3.
Adv. Sanjay Dudhane Present for the Deft. no. 4.
Adv. for the Deft filed registered NM 446/18 (Old H. C. 3667/11) alongwith affidavit. t.o.r.
Adj. for Hearing of NM 1174/18, 446/18, 2157/17 on 05/07/2018.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-07-2018

Date: 05-07-2018
Business: Adv Mr. Shenoy for plff. Present.
Adv Mr. Mishra for deft. no.1 to 3 present.
Adv for deft. no.4 present.
K.B.L.O. at 4.03pm.
Adv Mr. Shenoy for plff. Present.
Adv Mr. Mishra for deft. no.1 to 3 present.
None for deft no. 4.
Ld. Adv for plff again sought adjournment for hearing of Notice of Motion no. 2157/17. It appear that ld. Adv for plff. is unnecessarily  seeking adjournments and kept the matter prolonged when the suit is of 2007 therefore last chance is granted to the plff. to argue Notice of Motion no. 2157/17 with specific understanding that on next date, no adjournment for whatsoever reason will be granted  to the plff. to advance argument on Notice of Motion no.2157/2017 and if it is not argued, it will be treated filed.
Adjd. For hearing on Notice of Motion 1174/18, 446/18 and 2157/17 on 01.09.2018.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-09-2018

Date: 01-09-2018
Business: Adv. Prakash Mahadik for all Plaintiffs Present.
Adv. Mishra for defendant nos. 1 to 3 Present.
K.B. L.O. at. 03.15 p.m. Adv. Prakash Mahadik for all Plaintiffs Present. Adv. Mishra for defendant nos. 1 to 3 Present. Plaintiffs advocate not pressing N.M. 2157/17 and accordingly put endorsement and notice itself. Hence N.M. 2157/17 is disposed off.
During hearing of N.M. No. 1174/18 and N.M. No. 446/18 it disclosed that, Plaintiff no. 1 Died and Plaintiff nos. 2 to 4 became major. However there is no necessary amendment. So adjourned for taking necessary steps.
Adjd to 09/10/2018 for Steps
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 09-10-2018

Date: 09-10-2018
Business: Adv. Mahadik for Plaintiff Present and filed draft Ch/su for amendment in Plaint as Plaintiff no. 1-A, 1-C and defendant  no. 6 became major and defendant no. 6 is married now and to that effect amendment in Plaint.
ORDER  Considering amendment is in technical nature, Amendment is allowed. Ch/su be registered for Statical Purpose. Plaintiff is carry amendment within 14 days and serve amendment copy on defendant no. 6.
Adjd to 20/10/2018 for Compliance and N.M hearing
Next Purpose: COMPLIANCE
Next Hearing Date: 20-10-2018

Date: 20-10-2018
Business: Adv. Mr. Prakash Mahdik for Plaintiff Present and filed application for correcting order dtd. 09/10/2018 is t.o.r. and marked as Exh. 7.
ORDER It seems there is clerical and typographical mistake in mentioning name of Plaintiff nos. 2 to 4 and defendant no. 6, Hence allowed to carry out amendment accordingly.
Defendant no. 1 Present.
Adv. Mr. Mishra for defendant nos. 1 to 3 Present.
Adjd to 15/11/2018 for compliance
Next Purpose: COMPLIANCE
Next Hearing Date: 15-11-2018

Date: 15-11-2018
Business: Adv. Mahadik for Plaintiff Present and seeks time to serve writ of summons to defendant no. 6. Time Granted.
Adv. Jitendra Mishra for defendant no. 1 to 3 Present.
Plaintiff to supply to amended copy to defendant nos. 1 to 3.
Adjd to 18/02/2019 for services
Next Purpose: SERVICE
Next Hearing Date: 18-02-2019

Date: 18-02-2019
Business: P.O. is on Leave
Next Purpose: SERVICE
Next Hearing Date: 21-06-2019

Date: 21-06-2019
Business: Adv. S.B. Shenoy for plff present.
Adv. Ms. Mishra for deft present.
Both the n/ms are pretty old, those being of the year 2007 and 2011 and re-numbered after transfer of the suit. Hence, it is necessary to expedite the hearing. However, the adv. Shenoy for plff submits that adv. Mahadik is unable to attend today as he is busy before Hon\''ble High Court, matter is adjd. strictly as a last chance, in default for necessary order to 02.07.2019 for n/m hearing.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 02-07-2019

Date: 02-07-2019
Business: Due to Heavy Rain. Staff is absent.
Therefore, Board is Discharge
Matter is Adjd for N/M Argument to 27/08/2019.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 27-08-2019

Date: 27-08-2019
Business: Adv for plaintiff Mr.Chetan Goliwala present.
Adv for deft No.1,2 and 3 Ms.Nilam Mishra present.
Adv for plaintiff filed reply to N/M 446/18.
Adv for deft No.1,2 and 3 stated that she has received copy of reply.
Matter is Adjd for N/M 1174/18 and 446/18 Hearing to 09.10.2019
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-10-2019

Date: 09-10-2019
Business: Adv for plaintiff Mr.Chetan Gorwala present.
Adv for deft Ms.Nilu Mishra present.
Adv for deft requested for adjournment. O-Granted.
Matter is Adjd for N/M Hearing to 04.11.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-11-2019

Date: 04-11-2019
Business: Adv for plaintiff Mr.Borwala present.
Adv for deft to 1 to 3 Mr.Jitendra Mishra present.
Adv for plff requested for adjournment. O-Granted.
Matter is Adjd for N/M 1174/18 and N/M 446/18 Hearing to 07.12.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-12-2019

Date: 07-12-2019
Business: Adv for plaintiff present.
Adv for deft present.
Adv for plff and deft.stated that there are talks of settlement between the parties.
Matter is Adjd for N/M Hearing to 07.02.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-02-2020

Date: 07-02-2020
Business: None present.
Matter is Adjd for N/M Hearing to 26.03.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-03-2020

Date: 26-03-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-04-2020

Date: 26-03-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-04-2020

Date: 26-03-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-04-2020

Date: 03-04-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-04-2020

Date: 03-04-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-04-2020

Date: 03-04-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-04-2020

Date: 17-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-05-2020

Date: 17-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-05-2020

Date: 17-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-05-2020

Date: 06-05-2020
Business: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-05-2020

Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-06-2020

Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-06-2020

Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-06-2020

Date: 15-06-2020
Business: NATIONAL LOCKDOWN
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-07-2020

Date: 15-06-2020
Business: NATIONAL LOCKDOWN
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-07-2020

Date: 15-06-2020
Business: NATIONAL LOCKDOWN
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-07-2020

Date: 04-07-2020
Business: National Lock-down
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-08-2020

Date: 21-08-2020
Business: Lockdown
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-10-2020

Date: 17-10-2020
Business: Due to National Lockdown (Covid-19) all parties absent.                        Matter adjd to
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-01-2021

Date: 05-01-2021
Business: Adv. for plff absent.
Adv. for deft absent.
KB LO at 01.08 pm
As both the parties are absent adjourned for NM hearing.
Adjd for NM hearing on 09.03.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-03-2021

Date: 05-01-2021
Business: Adv. for plff absent.
Adv. for deft absent.
KB LO at 01.08 pm
As both the parties are absent adjourned for NM hearing.
Adjd for NM hearing on 09.03.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-03-2021

Date: 05-01-2021
Business: Adv. for plff absent.
Adv. for deft absent.
KB LO at 01.08 pm
As both the parties are absent adjourned for NM hearing.
Adjd for NM hearing on 09.03.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-03-2021

Date: 09-03-2021
Business: None for plaintiff.
Adv. Mishra for defendant nos.1 to 3 is present.
Adv.for the defendant made a statement that defendant no.1 Dyandev Nivrutty Khade is expired.
Order below NM No. 446/18
Perused the notice of motion. Heard Adv.for the defendant. This notice of motion is with regard to framing of preliminary issues regarding the jurisdiction of this Court. In view of the amendment, as now Section 9-A of the CPC is deleted, this Notice of Motion is not maintainable. Notice of Motion No. 446/18 stands disposed of being not tenable.
Nature Of Disposal: OTHER
Disposal Date: 09-03-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 101961/2018
Filing Date: 03-02-2018
First Hearing Date: 20th March 2018
Decision Date: 09th March 2021
Court Number And Judge: 14-COURT 14  ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1
    09 Mar 2021
    Order Details: Notice of Motion
Pdf Text: None for plaintiff.
Adv. Mishra for defendant nos.1 to 3 is present.
Adv.for the defendant made a statement that defendant no.1 Dyandev Nivrutty
Khade is expired.
Order below NM No. 446/18
Perused the notice of motion. Heard Adv.for the defendant. This notice of motion is
with regard to framing of preliminary issues regarding the jurisdiction of this Court.
In view of the amendment, as now Section 9A of the CPC is deleted, this Notice of
Motion is not maintainable. Notice of Motion No. 446/18 stands disposed of being
not tenable.
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    Order 1
    09 Mar 2021
    Order Details: Notice of Motion
Pdf Text: None for plaintiff.
Adv. Mishra for defendant nos.1 to 3 is present.
Adv.for the defendant made a statement that defendant no.1 Dyandev Nivrutty
Khade is expired.
Order below NM No. 446/18
Perused the notice of motion. Heard Adv.for the defendant. This notice of motion is
with regard to framing of preliminary issues regarding the jurisdiction of this Court.
In view of the amendment, as now Section 9A of the CPC is deleted, this Notice of
Motion is not maintainable. Notice of Motion No. 446/18 stands disposed of being
not tenable.
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