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.…
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
1For Petitioner
For Respondent
Not available
Parties
2Petitioner
Respondent
Acts & Sections
1Bombay 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: 08-12-2023Additional 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
4Final Order 2Full order available
08 Dec 2023
Final Order 108 Dec 2023
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.…
Order 108 Dec 2023
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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