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NOTICE OF MOTION

Milap Saremal Jain of Mumbai India +1 moreVsTarachand Arjandas Kashyap of Mumbai India and Ors.

CNR MHCC0100244620181-COURT 01 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHER
Decision Date: 31st August 2024

TrustJury record updated 09 Sept 2026

Case Overview

Registration Number
100639/2018
Registration Date
16 Feb 2018

Advocates

1

For Respondent

    Not available

    Parties

    3

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 16-03-2018
    Reason For Adjournment: court time is over
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 31-03-2018
    
    Date: 31-03-2018
    Reason For Adjournment: court time is over
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 12-04-2018
    
    Date: 12-04-2018
    Reason For Adjournment: court time is over
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 08-06-2018
    
    Date: 08-06-2018
    Business: Adv. Mr. R. A. K. Najam Es Sani for pltff present.
    None present for deft no. 1 and 2.
    None present for respondent.
    Advocate for the plaintiff seeks adjournment for filing rejoinder to reply of respondent no. 2. Granted as a last chance.
    Matter adjd to 13.07.2018 for rejoinder/ compliance by the plff of order dtd 16.03.2018,
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 13-07-2018
    
    Date: 13-07-2018
    Reason For Adjournment: court time is over
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 04-09-2018
    
    Date: 04-09-2018
    Reason For Adjournment: court time is over
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 05-10-2018
    
    Date: 05-10-2018
    Reason For Adjournment: court time is over
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 13-12-2018
    
    Date: 13-12-2018
    Reason For Adjournment: court time is over
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 07-02-2019
    
    Date: 07-02-2019
    Reason For Adjournment: court time is over
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 20-03-2019
    
    Date: 20-03-2019
    Business: Resumed.
    The P.O. is busy in dictating judgment in Suit no. 4953/2012 and hearing NM in Suit No. 301/1988.  For want of time the board is discharged.
    Adjd for NM reply to 24.06.2019.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 24-06-2019
    
    Date: 24-06-2019
    Business: Adv. Zain for plaintiff present.
    Adv. Sandeep Dhanger for deft. present.
    Board is discharged as the court is busy in hearing final arguments in time bound SU-89/15.
    Adjourned for NM reply to 23.8.2019.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 23-08-2019
    
    Date: 24-06-2019
    Business: Adv. Zain for plaintiff present.
    Adv. Sandeep Dhanger for deft. present.
    Board is discharged as the court is busy in hearing final arguments in time bound SU-89/15.
    Adjourned for NM reply to 23.8.2019.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 23-08-2019
    
    Date: 23-08-2019
    Business: Advocate Mr. Day for plaintiff present.
    Advocate Kenjal Upadhyay for defendant no.1 present and seeking time to file reply. Last chance is granted.
    Adjourned for NM reply to 01.10.2019.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 01-10-2019
    
    Date: 01-10-2019
    Business: Adv R A K Najam ES Sani. for plaintiff present.
    Adv. Kinaja Upadhyay for defendant no. 1 present.
    The Ld. Advocate for the defendant no. 1 seeks time to file reply . Already last chance was granted.  NM to proceed without reply of defendant no. 1.
    Adjourned for hearing on NM to 11.11.2019.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 11-11-2019
    
    Date: 11-11-2019
    Business: Adv. R A K Najam Es Sani for plaintiff present.
    Adv. Sandeep Dhanger for defendant present.
    None present for respondents.
    The Ld. Advocate for the defendant seeks time.  Adjourned as a last chance for hearing by the defendant on NM to 16.12.2019.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-12-2019
    
    Date: 16-12-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 10-01-2020
    
    Date: 10-01-2020
    Reason For Adjournment: court time is over
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 17-02-2020
    
    Date: 17-02-2020
    Reason For Adjournment: court time is over
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 09-04-2020
    
    Date: 09-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 21-04-2020
    
    Date: 21-04-2020
    Business: As per office order no.77/2020 dated 43.5.2020 and due to lock-down, matter is adjourned.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 01-06-2020
    
    Date: 01-06-2020
    Business: In view of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pademic by WHO and as per Office Order 78 of 2020, matter adjourned
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 18-06-2020
    
    Date: 18-06-2020
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 25-08-2020
    
    Date: 25-08-2020
    Business: None present. In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned to
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 02-09-2020
    
    Date: 02-09-2020
    Business: In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 30-09-2020
    
    Date: 30-09-2020
    Business: The Court is on leave. Hence adjd.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 26-11-2020
    
    Date: 26-11-2020
    Business: Due to Covid-19, the matter is adjourned
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 12-02-2021
    
    Date: 12-02-2021
    Business: None present.
    Letter dated 05.01.2021 received from the mediator. T.O.R.
    It is informed that due to pandemic, the matter could not be taken for mediation, hence, matter is adjourned for N/M hearing.
    The matter is adjd for hearing of N/M to 11.03.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-03-2021
    
    Date: 11-03-2021
    Business: None for plaintiff.
    Adv. Ghosar for deft. no.1 present.
    Last chance is granted for hearing on N/M.
    The matter is adjd for N/M hearing to 19.04.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-04-2021
    
    Date: 19-04-2021
    Business: In view of office order no.81/2021 dated 17.04.2021, the matter not being urgent, is adjourned to 27.07.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-07-2021
    
    Date: 27-07-2021
    Business: In view of office order no.131/2021 dated 02.07.2021, the matter not being urgent, is adjourned to 04.10.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-10-2021
    
    Date: 04-10-2021
    Business: None present for plaintiff.
    Adv. Rahul for defendant no. 1 is present.
    On oral request of Adv.for deft matter adjourned for NM hearing.
    Matter adjd for NM hearing on 10.12.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-12-2021
    
    Date: 10-12-2021
    Business: CORAM : HHJ KISHORE M. JAISWAL, JUDGE, CITY CIVIL COURT,GR.MUMBAI (C.R.NO.1)
    Adv. Zen for Plff. Present.
    Adv.Malhotra for Deft. Present.
    Both the advocate requested for adjournment.
    Matter is adjd to 08-02-2022 for N/m for hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-02-2022
    
    Date: 08-02-2022
    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 19/04/2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-04-2022
    
    Date: 19-04-2022
    Business: Adv. Mr. Zain for plaintiff present.
    Adv. Mr. Rahul Malhotra for defendant No.1 present.
    On oral request of advocate for plaintiff, matter is adjourned for NM hearing
    Matter is adjd for NM hearing on 04-08-2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-08-2022
    
    Date: 04-08-2022
    Business: Adv. Zain for plaintiff is present.
    None present for defendant.
    Matter adjd to 04.10.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-10-2022
    
    Date: 04-10-2022
    Business: Plaintiff is present.
    None present for defendant.
    It is submitted that compromise talks are going on in between the parties. Hence, considering the submission the matter be kept in Lok-Adalat.
    Issue notice to both the parties for attending National Lok Adalat held on 12.11.2022 at 10.30 a.m.
    Matter adjd to 12.11.2022 for Lok Adalat.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-11-2022
    
    Date: 12-11-2022
    Business: Both parties are absent.
    Matter is not settled.
    Adjourned to 7.12.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-12-2022
    
    Date: 07-12-2022
    Business: Adv. Zain for plaintiff is present.
    None present for deft.
    KB
    Same appearance.
    Matter adj. to 01.02.2023 for argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 01-02-2023
    
    Date: 01-02-2023
    Business: None present for plaintiff.
    Adv. Kinjal Kakkad for defendant is present.
    As Court is busy in heard argument in SU No.755/91 and SU No.8513/1992. Hence, matter adjourned for NM hearing.
    Matter adjd to 29.03.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-03-2023
    
    Date: 29-03-2023
    Business: Adv. Zak Najam-Es-Sani i/b RAK Najam-Es-Sani for plaintiff is present.
    None present for defendant.
    The Ld.Adv.for plaintiff has filed additional affidavit in support of NM No. 639/18. T.O.R. Read and Recorded.
    Matter adjd to 28.06.2023 for hearing on NM.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-06-2023
    
    Date: 28-06-2023
    Business: Plaintiff present.
    Adv. Sandeep Dhangar for defendant present.
    Plaintiff has supplied copy of additional affidavit to defendant.
    Matter stands adjourned on 07/08/2023 for NM hearing
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-08-2023
    
    Date: 07-08-2023
    Business: Adv. Zein for plaintiff is present.
    Adv. Sandip Dhangar for defendant is present.
    In view of submission of both the sides matter is likely to be settled between the parties.
    Hence it be referred to mediation center.
    Respondent no. 2 in N/m no. 639/18 be also issued notice for mediation.
    Matter adjd to 05/10/2023 for report.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 05-10-2023
    
    Date: 05-10-2023
    Business: Adv. R A K Najam ES Sani for plaintiff is present.
    Adv. Sandeep Dhangar for defendant is present.
    Mediation report report received along with letter. Exh. 6 and Exh. 7 respectively.
    On oral request of adv. for defendant, last chance granted for filing additional reply if any.
    Matter adjd to 30/11/2023 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 30-11-2023
    
    Date: 30-11-2023
    Business: Adv. Z. A. K. Najam Sani i/b R. A. K. Najam Sani for plaintiff is present.
    Adv. Ashwini Gamare i/b Sandeep Dhangar for defendant is present.
    The Ld. Adv. for plaintiff filed affidavit of service. TOR.
    The Ld. Adv. for defendant no. 1 seeking adjournment to file reply to the NM No. 639/18. Already last chance granted on previous date. No sufficient reason shown for grant of time. Hence, matter is proceeded without NM reply of defendant no. 1.
    Matter adjd to 05.01.2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-01-2024
    
    Date: 05-01-2024
    Business: Adv. Najam ES. Sani for plaintiff is present.
    Adv. Kinjal Kakkad i/b Jayesh Vyas for defendant is present and seek time. O- Time granted with consent.
    Matter adjd to 15.02.2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-02-2024
    
    Date: 15-02-2024
    Business: Adv. Zain for plaintiff is present.
    Adv. Dhangar for defendant is present and seek time. O- Time granted with consent.
    Matter adjd to 09.05.2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-05-2024
    
    Date: 09-05-2024
    Business: Plaintiff is present.
    Adv. Kinjal Kakkad i/b Adv. Jayesh Vyas for defendant is present.
    KB
    L.O at 3.15 p.m
    Same appearance for plaintiff and defendant.
    The Adv. for defendant seek time. O- Time granted.
    Matter adjd to 05.07.2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-07-2024
    
    Date: 05-07-2024
    Business: Adv. Zain for plaintiff is present.
    Plaintiff is present.
    None present for defendant.
    KB
    L.O at 3.30 p.m
    Adv. Zain for plaintiff is present.
    Adv. Sandeep Dhangar for defendant is present and seek time for hearing of NM. NM is pending since 2018 i.e. for more than 6 years. Last chance granted to defendant to work out notice of motion, on failure notice of motion will proceed further without hearing the defendant.
    Matter adjd to 30.07.2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-07-2024
    
    Date: 30-07-2024
    Business: Adv. Zain for plaintiff is present.
    Adv. Dhangar for defendant is present and seek time. O- Time granted subject to cost of Rs.500/- to be paid to plaintiff.
    Matter adjd to 31.08.2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 31-08-2024
    
    Date: 31-08-2024
    Business: Adv. Zain for plaintiff is present.
    Adv. Kinjal Upadhayay h/f Adv. Jayesh Vyas for defendant no.1 is present.
    Cost amount paid to plaintiff in terms of order dated 30.07.2024.
    The Ld. Adv. for defendant no.1 made statement that the defendant no.1 will remove the articles in terms of prayer
    A-i within period of 15 days from today. She further made statement that the defendant no.1 is ready to pay monthly outgoings and the arrears outstanding as on 01.01.2018 and reimburse the amount of outstanding to the plaintiff in case of payment made by the plaintiff subject to production of payment receipts in terms of prayer (b). She further undertake to make further outgoings and charges of defendant no.3 in terms of prayer (c). The Ld. Adv. for plaintiff is not having objection to dispose off notice of motion in terms of statement made on behalf of defendant no.1. The statement of advocate for defendant no.1 is recorded. Defendant no.1 to comply the undertaking on or before 15 days from today. Notice of motion no.639/2018 is disposed off in the above terms with no order as to costs.
    Matter adjd to 04.10.2024 for compliance.
    Nature Of Disposal: OTHER
    Disposal Date: 31-08-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 102744/2018
    Filing Date: 16-02-2018
    First Hearing Date: 16th March 2018
    Decision Date: 31st August 2024
    Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    31 Aug 2024

    Order Details: Other Pdf Text: 26 31.08.2024 SU 4908/10 NM 639/18 CORAM : HIS HONOUR JUDGE SHRI R. R. PATARE (C.R.NO.1) Adv. Zain for plaintiff is present. Adv. Kinjal Upadhayay h/f Adv. Jayesh Vyas for defendant no.1 is present. Cost amount paid to plaintiff in terms of order dated 30.07.2024. The Ld. Adv. for defendant no.1 made statement that the defendant no.1 will remove the articles in terms of prayer A-i within period of 15 days from today. She further…

    Read Full Order
    Order 1Full order available
    31 Aug 2024

    Order Details: Other Pdf Text: 26 31.08.2024 SU 4908/10 NM 639/18 CORAM : HIS HONOUR JUDGE SHRI R. R. PATARE (C.R.NO.1) Adv. Zain for plaintiff is present. Adv. Kinjal Upadhayay h/f Adv. Jayesh Vyas for defendant no.1 is present. Cost amount paid to plaintiff in terms of order dated 30.07.2024. The Ld. Adv. for defendant no.1 made statement that the defendant no.1 will remove the articles in terms of prayer A-i within period of 15 days from today. She further…

    Read Full Order

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