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NOTICE OF MOTION

Narender Bhimsain ThaparVsKamala Bhimsain Thapar and Ors.

CNR MHCC0100218320181-COURT 01 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--ALLOWED
Decision Date: 08th December 2023

TrustJury record updated 09 Sept 2026

Case Overview

Registration Number
100580/2018
Registration Date
12 Feb 2018

Advocates

1

For Respondent

    Not available

    Parties

    2

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 12-03-2018
    Reason For Adjournment: court time is over
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 22-06-2018
    
    Date: 22-06-2018
    Reason For Adjournment: court time is over
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 02-08-2018
    
    Date: 02-08-2018
    Reason For Adjournment: court time is over
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 12-09-2018
    
    Date: 12-09-2018
    Reason For Adjournment: court time is over
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 07-12-2018
    
    Date: 07-12-2018
    Reason For Adjournment: court time is over
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 17-01-2019
    
    Date: 17-01-2019
    Reason For Adjournment: court time is over
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 22-02-2019
    
    Date: 22-02-2019
    Reason For Adjournment: court time is over
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 22-03-2019
    
    Date: 22-03-2019
    Business: Resumed.
    Adv. Rajesh Jadhav for pltff
    Adv. Saxena for deft no.2.
    Exh. 25 - Vakalatnama on Advocate for Saxena for deft no.2.
    Advocate Saxena seeks time to file reply to N/M 580/18 on behalf of Deft no.2 and 3.
    Exh.26 - Application for substitutive of service of Motion.
    Exh.27  Affidavit of Service.
    Heard Advocate Jadhav on Exh.26. Perused the the affidavit of service dtd. 12.09.2018 which shows the postal remark that the deft no.1(b) left the address however the Envelop file with affidavit of service Exh.27 shows remarks that intimation was give however it was not claimed to considering contrary remarks, it is directed that the N/M be issued to court bailiff returnable on 28.06.2019. pltff to comply accordingly.
    Adjd for  affidavit of service to 28.06.2019
    Reason For Adjournment: court time is over
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 28-06-2019
    
    Date: 22-03-2019
    Business: Resumed.
    Adv. Rajesh Jadhav for pltff
    Adv. Saxena for deft no.2.
    Exh. 25 - Vakalatnama on Advocate for Saxena for deft no.2.
    Advocate Saxena seeks time to file reply to N/M 580/18 on behalf of Deft no.2 and 3.
    Exh.26 - Application for substitutive of service of Motion.
    Exh.27  Affidavit of Service.
    Heard Advocate Jadhav on Exh.26. Perused the the affidavit of service dtd. 12.09.2018 which shows the postal remark that the deft no.1(b) left the address however the Envelop file with affidavit of service Exh.27 shows remarks that intimation was give however it was not claimed to considering contrary remarks, it is directed that the N/M be issued to court bailiff returnable on 28.06.2019. pltff to comply accordingly.
    Adjd for  affidavit of service to 28.06.2019
    Reason For Adjournment: court time is over
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 28-06-2019
    
    Date: 22-03-2019
    Business: Resumed.
    Adv. Rajesh Jadhav for pltff
    Adv. Saxena for deft no.2.
    Exh. 25 - Vakalatnama on Advocate for Saxena for deft no.2.
    Advocate Saxena seeks time to file reply to N/M 580/18 on behalf of Deft no.2 and 3.
    Exh.26 - Application for substitutive of service of Motion.
    Exh.27  Affidavit of Service.
    Heard Advocate Jadhav on Exh.26. Perused the the affidavit of service dtd. 12.09.2018 which shows the postal remark that the deft no.1(b) left the address however the Envelop file with affidavit of service Exh.27 shows remarks that intimation was give however it was not claimed to considering contrary remarks, it is directed that the N/M be issued to court bailiff returnable on 28.06.2019. pltff to comply accordingly.
    Adjd for  affidavit of service to 28.06.2019
    Reason For Adjournment: court time is over
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 28-06-2019
    
    Date: 28-06-2019
    Business: Adv. Rajesh Jadhav for plaintiff present.
    Adv. Sakena for deft no. 2 present.
    Ld. counsel for the plaintiff seeks time for filing the service report.
    Adjourned for affidavit of service to 6.8.2019.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 06-08-2019
    
    Date: 28-06-2019
    Business: Adv. Rajesh Jadhav for plaintiff present.
    Adv. Sakena for deft no. 2 present.
    Ld. counsel for the plaintiff seeks time for filing the service report.
    Adjourned for affidavit of service to 6.8.2019.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 06-08-2019
    
    Date: 28-06-2019
    Business: Adv. Rajesh Jadhav for plaintiff present.
    Adv. Sakena for deft no. 2 present.
    Ld. counsel for the plaintiff seeks time for filing the service report.
    Adjourned for affidavit of service to 6.8.2019.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 06-08-2019
    
    Date: 06-08-2019
    Business: Adv. Rajesh Jadhav for plaintiff present.
    Adv. Shah  for defendant no. 2 present.
    The Ld advocate for plaintiff seeks extension of time for service of notice to defendant nos. 1(a).  Time is extended.
    Adjourned for affidavit of service to 30.9.2019.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 30-09-2019
    
    Date: 30-09-2019
    Business: Adv. Jadhav for plaintiff present.
    Adv. Shah for defendant n.2  present.
    The Ld. Advocate for the plaintiff submitted that report is not received in respect of service to defendant no. 1(a) and seeks time to tender the affidavit of service.
    Adjourned for affidavit of service in respect of defendant no. 1(a) to 28.11.2019.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 28-11-2019
    
    Date: 28-11-2019
    Business: Advocate Jadhav for plaintiff present.
    Advocate Sandeep Singh for defendant no. 2 present.
    Ld counsel for the plaintiff submitted the report of service of  notice to the defendant no.1A is not received and he seeks time.
    Adjd to 31/01/2020 for hearing.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 31-01-2020
    
    Date: 31-01-2020
    Reason For Adjournment: court time is over
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 19-03-2020
    
    Date: 19-03-2020
    Business: Matter called at 12.30 pm
    None for plaintiff
    Adv.Krishnan for defendant no.2 present
    In view of the advisory and guidelines issued by Hon\''ble High Court related to Corona virus, matter is adjourned to 17/06/2020 at 2.45 pm for affidavit of service.
    L.O.
    Adv.Monde for plaintiff present
    Matter is already adjourned to 17/06/2020.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 17-06-2020
    
    Date: 17-06-2020
    Business: In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 11-09-2020
    
    Date: 11-09-2020
    Business: Due to Covid-19, the matter is adjourned at the stage, it was before lockdown, to 12.10.2020.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 12-10-2020
    
    Date: 12-10-2020
    Business: Both the parties are absent.  Due to Covid-19, the matter is adjourned to 16.12.2020.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 16-12-2020
    
    Date: 16-12-2020
    Business: None present.
    Plaintiff to file affidavit of service in respect of service to deft. no.1(a).
    The matter is adjd for affidavit of service to 16.02.2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 16-02-2021
    
    Date: 16-02-2021
    Business: Adv. Rajesh Jadhav for plaintiff present.
    None for deft.
    Adv. for plaintiff submitted that service report is not received.  Plaintiff to serve afresh N/M to deft. no.1(a) through bailiff.
    The matter is adjd for service to 05.04.2021.
    L.O.
    Adv. Harsh h/f. Adv. Sajal Yadav for deft. no.2 present.
    The matter is already adjd for service to 05.04.2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 05-04-2021
    
    Date: 05-04-2021
    Business: In view of the office order no.63/21 dated 25.03.2021, only moderate numbers of matters are kept on board. This matter is not in the same list hence, adjd for affidavit of service to 16.06.2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 16-06-2021
    
    Date: 16-06-2021
    Business: In view of office order no.106/2021 dated 14.06.2021, the matter not being urgent, is adjourned to 05/08/2021
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 05-08-2021
    
    Date: 05-08-2021
    Business: P.O. is on leave.  Matter adjourned
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 17-09-2021
    
    Date: 17-09-2021
    Business: None present.
    Matter adjd for affidavit of service on 26.11.2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 26-11-2021
    
    Date: 26-11-2021
    Business: P.O. is on leave. Matter adjd to
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 31-01-2022
    
    Date: 31-01-2022
    Business: As per Office Order No. \''07 of 2022\'' and \''03 of 2022\'' only urgent matter is to be taken up for hearing therefore matter is adjd to   05/04/2022 for Affidavit of Service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 05-04-2022
    
    Date: 05-04-2022
    Business: P. O is on leave.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 18-07-2022
    
    Date: 18-07-2022
    Business: None present for plff and deft.
    KB LO at 3.35 p.m.
    Adv. Rajan for plaintiff is present.
    Adv. Ranjit Hatkar for defendant no.1a is present.
    He has filed V/P for defendant no.1 a t.o.r marked Exh.28.
    The Ld. Adv.for plaintiff filed an application for construction of duplicate NM t.o.r marked as Exh.29. Copy served to other side.
    Matter adjd to 27.09.2022 for reply to Exh.29.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 27-09-2022
    
    Date: 27-09-2022
    Business: Adv. Rajesh Jadhav for plaintif is present.
    Adv. Ranjit Hatkar for defendant no. 1 is present.
    Adv. Raut for defendant no. 2 is present.
                               Order below Exh.29
    Perused the application and say filed thereon. The plaintiff has filed the present application for reconstruction of duplicate NM which was lost from him. Defendants have given no objection. Thus in view of no objection, the plaintiff is allow to file duplicate NM after reconstruction of the same. Application is disposed of accordingly.
    Matter adjd to 31.10.2022 for filing of NM.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 31-10-2022
    
    Date: 31-10-2022
    Business: Adv. Rajesh Jadhav for plaintiff is present and filed duplicate NM No. 580/18 in view of order passed below Exh.29.
    None present for defendant.
    Matter adjd to 21.12.2022 for NM reply and hearing.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 21-12-2022
    
    Date: 21-12-2022
    Business: P.O. is on leave.
    Matter adjd to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 24-02-2023
    
    Date: 24-02-2023
    Business: P.O. is on leave. Matter is adjourned to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 11-04-2023
    
    Date: 11-04-2023
    Business: P.O. is on leave. Matter adjd to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 28-06-2023
    
    Date: 28-06-2023
    Business: Adv. A. S. Kale h/f Adv. Rajesh Jadhav for plaintiff present.
    None for defendant when called.
    On oral request of adv. for plaintiff,
    Matter stands adjourned on 25/08/2023
    for NM reply/NM hearing
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 25-08-2023
    
    Date: 25-08-2023
    Business: Adv. Rajesh Jadhav  for plaintiff is present
    Adv. Harsh Gangurde h/f Kshanak Saksena for defendant no. 2 and 3 is present.
    The Ld. Advocate for plaintiff had supplied copy of notice of motion to adv of defendant no. 2 and 3 matter is adjourned for reply to 10.10.2023
    Next Purpose: REPLY
    Next Hearing Date: 10-10-2023
    
    Date: 10-10-2023
    Business: Adv Rajesh Jadhav for plaintiff present.
    Adv S. K. Saksena for defendant no. 2 present.
    On oral request of adv for deft matter is adjourned for filing reply as last chance.
    Matter adjd to 20-11-2023 for filing reply.
    Next Purpose: REPLY
    Next Hearing Date: 20-11-2023
    
    Date: 20-11-2023
    Business: Adv. Rajesh Jadhav for plaintiff is present.
    None for defendants. Inspite of opportunity defendant failed to file reply to the notice of motion.
    Hence matter proceeded without reply of defendant.
    Matter adjd to  08.12.2023 for hearing on both the notice of motions.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-12-2023
    
    Date: 08-12-2023
    Business: Adv. Rajesh Jadhav for plaintiff is present.
    Adv. Raj Raut h/f Adv. Saxena for defendant no. 2 is present.
    KB
    L.O at 3.38 p.m
    Same appearance for plaintiff and defendant no. 2.
    Adv. Ranjeet Hatkar for defendant no. 1a is present.
    Heard the Ld. Adv. for plaintiff and defendant no. 2 in Notice of Motion No. 580/2018.
    F.R.S.R following order is passed in Notice of Motion No. 580 of 2018
    ORDER
    1. Notice of Motion No. 580 of 2018 stands allowed and made absolute in terms of prayer clause (a) to (c) subject to payment of cost Rs. 2000/- paid to DLSA, Mumbai within 4 weeks from the date of order.
    2. Needless to say payment of cost is a condition precedent failing which order stands automatically vacated.
    3. Upon payment of cost issue fresh writ of summons to defendants no. 1a, 1b and defendant no. 3.
    4. Notice of motion stands disposed off accordingly.
    Matter adjd to 05.01.2024 for compliance.
    Nature Of Disposal: ALLOWED
    Disposal Date: 08-12-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 102326/2018
    Filing Date: 12-02-2018
    First Hearing Date: 12th March 2018
    Decision Date: 08th December 2023
    Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE

    Orders

    4
    Final Order 2Full order available
    08 Dec 2023

    Order Details: Notice of Motion Pdf Text: 1 Ord. in NM no 580 of 2018, in Suit no. 3414 of 2010 MHCC010021832018 IN THE BOMBAY CITY CIVIL COURT, AT BOMBAY ORDER IN NOTICE OF MOTION NO.580 OF 2018 IN SUIT NO.3414 of 2010 Narender Bhimsain Thapar ... Plaintiff V/s Kamala Bhimsain Thapar and Ors. …. Defendants. CORAM: HIS HONOUR JUDGE SHRI VIRENDRA D. KEDAR (COURT ROOM NO.01) DATE : 8th DAY OF DECEMBER, 2023 -: Appearances: - The learned Adv.…

    Read Full Order
    Final Order 1
    08 Dec 2023
    Order Details: Other
    Pdf Text: 26 08.12.2023
    SU 3414/10
    NM 4790/18
    NM 580/18
    CORAM : HIS HONOUR JUDGE SHRI V.D.KEDAR
    (C.R.NO.1)
    Adv. Rajesh Jadhav for plaintiff is present.
    Adv. Raj Raut h/f Adv. Saxena for defendant no. 2 is
    present.
    KB
    L.O at 3.38 p.m
    Same appearance for plaintiff and defendant no. 2.
    Adv. Ranjeet Hatkar for defendant no. 1a is present.
    Heard the Ld. Adv. for plaintiff and defendant no. 2 in
    Notice of Motion No. 580/2018.
    F.R.S.R following order is passed in Notice of Motion No.
    580 of 2018
    ORDER
    1. Notice of Motion No. 580 of 2018 stands allowed and
    made absolute in terms of prayer clause (a) to (c) subject to
    payment of cost Rs. 2000/- paid to DLSA, Mumbai within 4
    weeks from the date of order.
    2. Needless to say payment of cost is a condition precedent
    failing which order stands automatically vacated.
    3. Upon payment of cost issue fresh writ of summons to
    defendants no. 1a, 1b and defendant no. 3.
    4. Notice of motion stands disposed off accordingly.
    Matter adjd to 05.01.2024 for compliance.
    Judge
    -- 1 of 1 --
    Order 2Full order available
    08 Dec 2023

    Order Details: Notice of Motion Pdf Text: 1 Ord. in NM no 580 of 2018, in Suit no. 3414 of 2010 MHCC010021832018 IN THE BOMBAY CITY CIVIL COURT, AT BOMBAY ORDER IN NOTICE OF MOTION NO.580 OF 2018 IN SUIT NO.3414 of 2010 Narender Bhimsain Thapar ... Plaintiff V/s Kamala Bhimsain Thapar and Ors. …. Defendants. CORAM: HIS HONOUR JUDGE SHRI VIRENDRA D. KEDAR (COURT ROOM NO.01) DATE : 8th DAY OF DECEMBER, 2023 -: Appearances: - The learned Adv.…

    Read Full Order
    Order 1
    08 Dec 2023
    Order Details: Other
    Pdf Text: 26 08.12.2023
    SU 3414/10
    NM 4790/18
    NM 580/18
    CORAM : HIS HONOUR JUDGE SHRI V.D.KEDAR
    (C.R.NO.1)
    Adv. Rajesh Jadhav for plaintiff is present.
    Adv. Raj Raut h/f Adv. Saxena for defendant no. 2 is
    present.
    KB
    L.O at 3.38 p.m
    Same appearance for plaintiff and defendant no. 2.
    Adv. Ranjeet Hatkar for defendant no. 1a is present.
    Heard the Ld. Adv. for plaintiff and defendant no. 2 in
    Notice of Motion No. 580/2018.
    F.R.S.R following order is passed in Notice of Motion No.
    580 of 2018
    ORDER
    1. Notice of Motion No. 580 of 2018 stands allowed and
    made absolute in terms of prayer clause (a) to (c) subject to
    payment of cost Rs. 2000/- paid to DLSA, Mumbai within 4
    weeks from the date of order.
    2. Needless to say payment of cost is a condition precedent
    failing which order stands automatically vacated.
    3. Upon payment of cost issue fresh writ of summons to
    defendants no. 1a, 1b and defendant no. 3.
    4. Notice of motion stands disposed off accordingly.
    Matter adjd to 05.01.2024 for compliance.
    Judge
    -- 1 of 1 --

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