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NOTICE OF MOTION

Mallika Arvind PhansalkarVsAshutosh Arvind Phansalkar +1 more

CNR MHCC0100192820183-COURT 03 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHERWISE
Decision Date: 22nd September 2022

TrustJury record updated 09 Sept 2026

Case Overview

Registration Number
100492/2018
Registration Date
06 Feb 2018

Advocates

1

For Petitioner

    Not available

    For Respondent

    Parties

    3

    Acts & Sections

    1
    Bombay Tenancy and Agricultural Land (Vidarbha Region and Kutch Area) Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 13-04-2018
    Business: Matter adj. for NM Reply to 06.08.2018.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 06-08-2018
    
    Date: 06-08-2018
    Business: Matter adj. for NM Reply to 22.10.2018.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 22-10-2018
    
    Date: 22-10-2018
    Business: Both parties and Advocates are absent.
    Original registered Ch/s is not tendered. Plaintiff has not filed reply to the Ch/s. Adjd to hearing NM 492/18 to 07.02.2019.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 07-02-2019
    
    Date: 07-02-2019
    Business: Matter adj. for CS Hearing to 03.04.2019.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 03-04-2019
    
    Date: 03-04-2019
    Business: Matter adj. for Hearing in CS and NM to 10.07.2019.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 10-07-2019
    
    Date: 10-07-2019
    Business: main suit adjn to 12.07.19
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 12-07-2019
    
    Date: 12-07-2019
    Business: Hence, Matter stands Adj for order to 26.07.19.
    Next Purpose: ORDER
    Next Hearing Date: 26-07-2019
    
    Date: 26-07-2019
    Business: Plaintiff present. Adv. Dixit for plaintiff present.
    Deft. No. 1 present. Adv. Sapna Tavar for Deft No 1 present.
      FRSR following order is passed below
                                      ORDER
    1.N/M No. 2050/2019 stands rejected as the relief has become infructuous.
    2.In the circumstances of the case, trial shall be expedited and Ld Counsels for both sides are expected to cooperate with the Court for early trial and disposal.
    N/M stands disposed of accordingly.
    Matter stands adjourned for NM hearing to 19.09.19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-09-2019
    
    Date: 19-09-2019
    Business: Adv. Madhura Kulkarni I/b M/s Chitnis and co. for plaintiff present and filed VP
    Vakalatnama filed on behalf of plaintiff.
    Adv. Mrs. Naina N. Desai for defendant present.
    By consent, Matter stands Adj for NM hearing to 14.11.19.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-11-2019
    
    Date: 14-11-2019
    Business: Adv. Ramdase for plaintiff present.
    Adv. Anokhi Arora for defendant present.
    Matter stands Adj for NM hearing to 08.01.20.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-01-2020
    
    Date: 08-01-2020
    Business: Adv. G. R. Gupta for plaintiff present and filed VP and application for withdrawal of suit.
    Vakalatnama filed on behalf of plaintiff.
    Application for withdrawal of the suit. O-Call for say of other side.
    Adv. Sapana Tawar for defendant present and seeks time to take instructions from client. Time granted.
    Matter stands Adj for filing say on Ex-7 to 05.02.2020.
    Next Purpose: FILING SAY
    Next Hearing Date: 05-02-2020
    
    Date: 05-02-2020
    Business: Adv. J. R. Gupta for plaintiff present.
    Adv. Udyan Jain for defendant present and filed draft Nm along with affidavit and reply to Ex-7. Copy served to other side. Leave granted to register draft NM.
    Reply to Ex-7.
    Ld. counsel for plaintiff seeks time to file reply to the draft NM. Time granted.
    Matter stands Adj for filing reply to draft NM to 08.04.2020.
    Next Purpose: REPLY
    Next Hearing Date: 08-04-2020
    
    Date: 08-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPLY
    Next Hearing Date: 20-04-2020
    
    Date: 20-04-2020
    Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 77 of 2020 matter adjourned.
    Next Purpose: REPLY
    Next Hearing Date: 30-05-2020
    
    Date: 30-05-2020
    
    Date: 17-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPLY
    Next Hearing Date: 16-09-2020
    
    Date: 16-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPLY
    Next Hearing Date: 03-12-2020
    
    Date: 03-12-2020
    Business: Adv. S. P. Sramdasi for plaintiff present and tendered reply to NM 647/20 and Rejoinder to reply of plaintiff.
    Adv. Naina Desai for defendants present.
    Matter stands Adj for Reply to 27.01.2021
    Next Purpose: REPLY
    Next Hearing Date: 27-01-2021
    
    Date: 27-01-2021
    Business: Advocate S.P.Sramdasi for plaintiff present.
    KB
    LO at 2.05pm
    Advocate S.P.Sramdasi for plaintiff present.
    Advocate Ms.Akshita Jain for defendant present and tendered registered Notice of Motion No.647/20  along with affidavit in support of Notice of Motion. T.O.R.
    KB
    LO at 02.45pm
    Advocate S.P.Sramdasi for plaintiff present.
    Advocate Udayan Jain for defendant present.
    Partly heard advocate for plaintiff and advocate for defendant.
    The case is adjourned to 01.02.2021 for hearing.
    Next Purpose: REPLY
    Next Hearing Date: 01-02-2021
    
    Date: 01-02-2021
    Business: Advocate S.P.Sramdasi for plaintiff present.
    Advocate Udyan Jain for defendant present
    Heard advocate for Plaintiff and advocate for defendant on application Exh.7.
    The case is adjourned to 08.02.2021 for order on Exh.7
    Next Purpose: ORDER
    Next Hearing Date: 08-02-2021
    
    Date: 08-02-2021
    Business: Advocate S.P.Sramdasi for plaintiff present. KB LO at 4.25pm Advocate Tripathi h/f adv. S.P.Sramdasi for plaintiff present. Advocate Ms. Akshita Jain for defendant present. F.R.S.R.following order on Exh.7 is passed ORDER 1. Application Exh.7 is rejected. 2. Costs in cause. The case is adjourned to 10.03.2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-03-2021
    
    Date: 10-03-2021
    Business: Court is on leave. Hence Board is discharged.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-04-2021
    
    Date: 21-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-07-2021
    
    Date: 06-07-2021
    Business: Court is vacant
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-07-2021
    
    Date: 28-07-2021
    Business: Court is vacant.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-10-2021
    
    Date: 06-10-2021
    Business: Matter called out at 4.03 p.m.
    None present for plaintiff.
    Adv. Akshita Jain for defendants present. She tendered rejoinder to NM No.647/20. TOR.
    She undertakes to serve the plaintiff.
    Matter stands adjourned to 15.12.2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-12-2021
    
    Date: 15-12-2021
    Business: None present for plaintiff.
    Adv. Anokhi Arora for defendant present.
    As court is busy in recording evidence in SU No.3271/13 and SU No.380/13. Therefore, matter stands adjourned to 09.02.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-02-2022
    
    Date: 09-02-2022
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-03-2022
    
    Date: 30-03-2022
    Business: Matter called out at 3.15 p.m.
    Adv. Udayan Jain Reg. MAH/4127/1999 for defendants present.
    Plaintiff absent.
    Hence, matter stands adjourned to 22.06.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-06-2022
    
    Date: 22-06-2022
    Business: None present for plaintiff.
    Deft. no.1 in person present.  He submitted that they want to engage another counsel. Hence, seeking time. Time granted.
    Matter stands adjourned to 30.07.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-07-2022
    
    Date: 30-07-2022
    Business: None present for plaintiff.
    Adv. Arjun Kadam for Deft. no. present. He tendered VP. TOR. Exh.08.
    Application filed by plaintiff for withdrawal of suit with permission to file fresh suit, came to be rejected on 08.02.2021. Since then, plaintiff is absent. It seems that he do not want to proceed with the matter. Hence, put up for dismissal.
    Matter stands adjourned to 22.09.2022 for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 22-09-2022
    
    Date: 22-09-2022
    Business: Deft. no.1 in person present.
    None present for plaintiff.
    K.B.
    Later on mentioned at 4.12 p.m.
    Adv. Arjun Kadam for defendant present.
    Plaintiff absent.
    Since long, plaintiff absent. It seems that plaintiff to not want to proceed with the matter. Hence, suit is dismissed in default. In consequence to the dismissal of suit, all the pending NMs and CS disposed of.
    Nature Of Disposal: OTHERWISE
    Disposal Date: 22-09-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 102078/2018
    Filing Date: 06-02-2018
    First Hearing Date: 13th April 2018
    Decision Date: 22nd September 2022
    Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1
    22 Sept 2022
    Order Details: Other
    Pdf Text: 22.09.2022
    Sr. No. 4
    SU 2218/17
    NM 492/18
    NM 647/20
    NM 3600/17
    CS 1573/18
    CORAM : H.H.J. SHRI SHAIKH AKBAR SHAIKH JAFAR (C.R.03)
    Deft. no.1 in person present.
    None present for plaintiff.
    K.B.
    Later on mentioned at 4.12 p.m.
    Adv. Arjun Kadam for defendant present.
    Plaintiff absent.
    Since long, plaintiff absent. It seems that plaintiff to not want to
    proceed with the matter. Hence, suit is dismissed in default. In
    consequence to the dismissal of suit, all the pending NMs and CS
    disposed of.
    Judge
    -- 1 of 1 --
    Order 1
    22 Sept 2022
    Order Details: Other
    Pdf Text: 22.09.2022
    Sr. No. 4
    SU 2218/17
    NM 492/18
    NM 647/20
    NM 3600/17
    CS 1573/18
    CORAM : H.H.J. SHRI SHAIKH AKBAR SHAIKH JAFAR (C.R.03)
    Deft. no.1 in person present.
    None present for plaintiff.
    K.B.
    Later on mentioned at 4.12 p.m.
    Adv. Arjun Kadam for defendant present.
    Plaintiff absent.
    Since long, plaintiff absent. It seems that plaintiff to not want to
    proceed with the matter. Hence, suit is dismissed in default. In
    consequence to the dismissal of suit, all the pending NMs and CS
    disposed of.
    Judge
    -- 1 of 1 --

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