Skip to main content
NOTICE OF MOTION

Mr. Shivaji Dhondu ShetyeVsMr. Panduranga Dhondu Shetye +2 more

CNR MHCC01002447201865-COURT 65 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--PARTLY ALLOWED
Decision Date: 16th March 2026

TrustJury record updated 09 Sept 2026

Case Overview

Registration Number
100641/2018
Registration Date
16 Feb 2018

Advocates

1

For Respondent

    Not available

    Parties

    4

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 06-04-2018
    Business: Matter adj. for Compliance and NM Hearing to 23.07.2018.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 23-07-2018
    
    Date: 23-07-2018
    Business: Matter adj. for Compliance to 25.10.2018.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 25-10-2018
    
    Date: 25-10-2018
    Business: Matter adj. for NM Hearing to 15.03.2019.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 15-03-2019
    
    Date: 15-03-2019
    Business: Matter adj. for NM Hearing to 22.07.2019.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 22-07-2019
    
    Date: 22-07-2019
    Business: Court is busy in hearing Notice of Motion in suit no.2489/12, hence case is adjourned to 21/10/2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-10-2019
    
    Date: 21-10-2019
    Business: Due to election holiday board discharge.
    Matter is adj to 17/12/19 for hearing on N/M.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-12-2019
    
    Date: 21-10-2019
    Business: Due to election holiday board discharge.
    Matter is adj to 17/12/19 for hearing on N/M.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-12-2019
    
    Date: 17-12-2019
    Business: Court is having final argument in Suit No.6822/79, 6823/79, 6824/79 and 6826/79.
    Adv.Vaishali Bhoir i/b M/s Dahibawkar and co. for plaintiff present filed rejoinder. T.O.R
    Defendant and his advocate absent.
    Matter is adj to 17/02/2020 for N/M hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-02-2020
    
    Date: 17-12-2019
    Business: Court is having final argument in Suit No.6822/79, 6823/79, 6824/79 and 6826/79.
    Adv.Vaishali Bhoir i/b M/s Dahibawkar and co. for plaintiff present filed rejoinder. T.O.R
    Defendant and his advocate absent.
    Matter is adj to 17/02/2020 for N/M hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-02-2020
    
    Date: 17-02-2020
    Business: Matter is called out at 3.19pm
    Adv.Vaishali Bhoir i/b M/s Dahibawkar and co. for plaintiff present.
    Defendant and his advocate absent.
    Matter is adj to 15/04/2020 for N/M hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-04-2020
    
    Date: 17-02-2020
    Business: Matter is called out at 3.19pm
    Adv.Vaishali Bhoir i/b M/s Dahibawkar and co. for plaintiff present.
    Defendant and his advocate absent.
    Matter is adj to 15/04/2020 for N/M hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-04-2020
    
    Date: 15-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-04-2020
    
    Date: 15-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-04-2020
    
    Date: 22-04-2020
    Business: NATIONAL LOCKDOWN.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-06-2020
    
    Date: 22-04-2020
    Business: NATIONAL LOCKDOWN.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-06-2020
    
    Date: 02-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-06-2020
    
    Date: 02-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-06-2020
    
    Date: 19-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-08-2020
    
    Date: 19-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-08-2020
    
    Date: 17-08-2020
    Business: Due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-10-2020
    
    Date: 17-08-2020
    Business: Due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-10-2020
    
    Date: 03-10-2020
    Business: Due to Covid-19 none present.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-11-2020
    
    Date: 03-10-2020
    Business: Due to Covid-19 none present.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-11-2020
    
    Date: 25-11-2020
    Business: Due to Covid-19 none present.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-01-2021
    
    Date: 25-11-2020
    Business: Due to Covid-19 none present.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-01-2021
    
    Date: 21-01-2021
    Business: Plaintiff present.
    Adv Pankaj Dhaibavkar for plaintiff present.
    Defendant no.1 present.
    Both the parties show their readiness to settle the matter. Matter adjd for settlement on 01/04/2021.
    Next Purpose: SETTLEMENT
    Next Hearing Date: 01-04-2021
    
    Date: 21-01-2021
    Business: Plaintiff present.
    Adv Pankaj Dhaibavkar for plaintiff present.
    Defendant no.1 present.
    Both the parties show their readiness to settle the matter. Matter adjd for settlement on 01/04/2021.
    Next Purpose: SETTLEMENT
    Next Hearing Date: 01-04-2021
    
    Date: 01-04-2021
    Business: None present.
    Matter adj for settlement on 05.07.2021.
    Next Purpose: SETTLEMENT
    Next Hearing Date: 05-07-2021
    
    Date: 01-04-2021
    Business: None present.
    Matter adj for settlement on 05.07.2021.
    Next Purpose: SETTLEMENT
    Next Hearing Date: 05-07-2021
    
    Date: 05-07-2021
    Business: CORAM H.H.J. SHRI. R. V. KOKARE (C.R.No.63)
    None present for plaintiff.
    None present for defendant.
    Adjourned for settlement to 26.08.2021.
                                                                                            Judge
    Next Purpose: SETTLEMENT
    Next Hearing Date: 26-08-2021
    
    Date: 05-07-2021
    Business: CORAM H.H.J. SHRI. R. V. KOKARE (C.R.No.63)
    None present for plaintiff.
    None present for defendant.
    Adjourned for settlement to 26.08.2021.
                                                                                            Judge
    Next Purpose: SETTLEMENT
    Next Hearing Date: 26-08-2021
    
    Date: 26-08-2021
    Business: Plaintiff is present.
    Advocate Pankaj Dahibawakar for plaintiff is present.
    None present for defendant.
    Matter referred to Lok-adalat which is held on 25.09.2021.
    Issue notice to defendants.
    Adjourned for settlement to 25.09.2021.
                                                                                            Judge
    Next Purpose: SETTLEMENT
    Next Hearing Date: 25-09-2021
    
    Date: 26-08-2021
    Reason For Adjournment: court time is over
    Next Purpose: SETTLEMENT
    Next Hearing Date: 25-09-2021
    
    Date: 25-09-2021
    Business: Matter pertaining to C.R. No.63
    Plaintiff is preesnt.
    Defendant are absent.
    Matter Adjd to 12/10/2021.
    Adv. Rujuta Lokare       Prof. Vanita Agarwal      H.H.J. Shri D. L. Bhagwat
        Panel Member            Panel Member                    Panel Head
    Next Purpose: SETTLEMENT
    Next Hearing Date: 12-10-2021
    
    Date: 25-09-2021
    Business: Matter pertaining to C.R. No.63
    Plaintiff is preesnt.
    Defendant are absent.
    Matter Adjd to 12/10/2021.
    Adv. Rujuta Lokare       Prof. Vanita Agarwal      H.H.J. Shri D. L. Bhagwat
        Panel Member            Panel Member                    Panel Head
    Next Purpose: SETTLEMENT
    Next Hearing Date: 12-10-2021
    
    Date: 12-10-2021
    Business: Advocate Pankaj Dahibavkar for plaintiff is present.
    None present for defendant.
    Adjourned for NM hearing to 08.12.2021.
                                                                                            Judge
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-12-2021
    
    Date: 12-10-2021
    Business: Advocate Pankaj Dahibavkar for plaintiff is present.
    None present for defendant.
    Adjourned for NM hearing to 08.12.2021.
                                                                                            Judge
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-12-2021
    
    Date: 08-12-2021
    Business: Plaintiff present
    Advocate Pankaj Dahibavkar for plaintiff is present.
    None present for defendant.
    Matter is referred to Lok-Adalat on 11.12.2021.
    Adjourned for NM hearing to 11.12.2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-12-2021
    
    Date: 11-12-2021
    Business: NATIONAL LOK-ADALAT HELD ON 11/12/2021
    Matter pertains to C.R. No.63
    None present.
    Matter adjd to 13/01/2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-01-2022
    
    Date: 11-12-2021
    Business: NATIONAL LOK-ADALAT HELD ON 11/12/2021
    Matter pertains to C.R. No.63
    None present.
    Matter adjd to 13/01/2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-01-2022
    
    Date: 13-01-2022
    Business: Adv. Pankaj Dahibawkar for plaintiff present.
    None present for defendant.
    Adjourned for NM hearing to 16.04.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-04-2022
    
    Date: 13-01-2022
    Business: Adv. Pankaj Dahibawkar for plaintiff present.
    None present for defendant.
    Adjourned for NM hearing to 16.04.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-04-2022
    
    Date: 16-04-2022
    Business: Advocate Dedia for plaintiff is present and tendered draft CS. Leave is granted to register draft CS.
    Son of defendant no.1 is present.
    Adjourned for NM hearing to 14.07.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-07-2022
    
    Date: 16-04-2022
    Business: Advocate Dedia for plaintiff is present and tendered draft CS. Leave is granted to register draft CS.
    Son of defendant no.1 is present.
    Adjourned for NM hearing to 14.07.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-07-2022
    
    Date: 14-07-2022
    Business: Court is vacant.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-09-2022
    
    Date: 14-07-2022
    Business: Court is vacant.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-09-2022
    
    Date: 07-09-2022
    Business: Court is vacant.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-10-2022
    
    Date: 14-10-2022
    Business: Court is vacant.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-12-2022
    
    Date: 14-10-2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-12-2022
    
    Date: 15-12-2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-02-2023
    
    Date: 15-12-2022
    Business: Court is vacant.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-02-2023
    
    Date: 16-02-2023
    Business: Court is vacant.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-04-2023
    
    Date: 16-02-2023
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-04-2023
    
    Date: 24-04-2023
    Business: Both parties and their counsel are absent when called.
    Matter is fixed for hearing on NM and filing original CS on record. No adjournment application on record. Hence, matter is kept for order.
    Adjd. for order to 05/07/2023
    Next Purpose: ORDER
    Next Hearing Date: 05-07-2023
    
    Date: 24-04-2023
    Business: Both parties and their counsel are absent when called.
    Matter is fixed for hearing on NM and filing original CS on record. No adjournment application on record. Hence, matter is kept for order.
    Adjd. for order to 05/07/2023
    Next Purpose: ORDER
    Next Hearing Date: 05-07-2023
    
    Date: 05-07-2023
    Business: court is on leave
    Next Purpose: ORDER
    Next Hearing Date: 05-08-2023
    
    Date: 05-07-2023
    Business: court is on leave
    Next Purpose: ORDER
    Next Hearing Date: 05-08-2023
    
    Date: 05-08-2023
    Business: Adv. Chaitali jadhav h/f. Tushar Dahibawkar present for plaintiff and tendered registered Chs. No.940/22 alongwith affidavit in supprt for bringing Lr’s on record.
    None present for defendant.
    Matter is adjd. for Service affidavit to 25/09/2023.
    Next Purpose: ORDER
    Next Hearing Date: 25-09-2023
    
    Date: 05-08-2023
    Business: Adv. Chaitali jadhav h/f. Tushar Dahibawkar present for plaintiff and tendered registered Chs. No.940/22 alongwith affidavit in supprt for bringing Lr’s on record.
    None present for defendant.
    Matter is adjd. for Service affidavit to 25/09/2023.
    Next Purpose: ORDER
    Next Hearing Date: 25-09-2023
    
    Date: 25-09-2023
    Business: Adv. Pankaj Dahilbawakar present for plaintiff.
    None present for defendant.
    Heard, Advocate of plaintiff ch/s no. 940/2022. Though it is duly served on LR’s of defendant no. 2, they failed to appear and filed reply to ch/s. It appears that defendant no.2 died 09.01.2020 and ch/s is taken on 16.04.2022. As per submission of advocate plaintiff, death certificate could not receive well within time due Covid 19 in 2020 and 2021, LR’s could not be taken on record within limitation. In view of these  submissions, ch/s deserves to allowed. Hence, following order is passed.
    ORDER
    1. Chamber Summons   940 of 2022 is allowed.
    In terms of prayer clause ( a) and (b).
    2. Plaintiff is permitted to carry out amendment and consequential amendment in plaint and NM no. 641 of 2018 as per schedule annexed  to ch/s within limitation.
    3. After amendment copy of amended plaint  and NM be served on all defendants.
    4.Chamber Summons 940 of 2022 is disposed off accordingly.
    Matter is adjd. for compliance to 10.11.2023
    Next Purpose: COMPLIANCE
    Next Hearing Date: 10-11-2023
    
    Date: 25-09-2023
    Business: Adv. Pankaj Dahilbawakar present for plaintiff.
    None present for defendant.
    Heard, Advocate of plaintiff ch/s no. 940/2022. Though it is duly served on LR’s of defendant no. 2, they failed to appear and filed reply to ch/s. It appears that defendant no.2 died 09.01.2020 and ch/s is taken on 16.04.2022. As per submission of advocate plaintiff, death certificate could not receive well within time due Covid 19 in 2020 and 2021, LR’s could not be taken on record within limitation. In view of these  submissions, ch/s deserves to allowed. Hence, following order is passed.
    ORDER
    1. Chamber Summons   940 of 2022 is allowed.
    In terms of prayer clause ( a) and (b).
    2. Plaintiff is permitted to carry out amendment and consequential amendment in plaint and NM no. 641 of 2018 as per schedule annexed  to ch/s within limitation.
    3. After amendment copy of amended plaint  and NM be served on all defendants.
    4.Chamber Summons 940 of 2022 is disposed off accordingly.
    Matter is adjd. for compliance to 10.11.2023
    Next Purpose: COMPLIANCE
    Next Hearing Date: 10-11-2023
    
    Date: 10-11-2023
    Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
    Adv. Tushar Dahibavkar present for plaintiff and filed affidavit of service. Taken on record. It shows that envelope of copy of amended plaint send to defendant nos.02a and 02b are returned unserved. All other defendants are served.
    Adv. for plaintiff is directed to serve amended plaint to defendant nos.02a and 02b through bailiff.
    None present for defendant.
    Matter is adjd. for service to 10.01.2024.
    Next Purpose: SERVICE
    Next Hearing Date: 10-01-2024
    
    Date: 10-01-2024
    Business: Adv. Pankaj Dahibawkar for Plaintiff present and filed bailiff report on copy of the plaint t.o.r. and marked as Exhibit-4 -seen.
    None for defendant present.
    Matter stands adjourned on 19.03.2024 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 19-03-2024
    
    Date: 10-01-2024
    Business: Adv. Pankaj Dahibawkar for Plaintiff present and filed bailiff report on copy of the plaint t.o.r. and marked as Exhibit-4 -seen.
    None for defendant present.
    Matter stands adjourned on 19.03.2024 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 19-03-2024
    
    Date: 19-03-2024
    Business: Court is on Leave.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 03-05-2024
    
    Date: 19-03-2024
    Business: Court is on Leave.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 03-05-2024
    
    Date: 03-05-2024
    Business: Advocate Tushar Dahibawkar for plaintiff present and prayed for adjournment for filing affidavit of service regarding defendant No.2(b). O - Granted.
    He filed affidavit of service regarding defendant No.2(a) in respect of Notice of Motion.
    None for defendants No.2(b), 3 and 4 present.
    Matter stands adjourned on 24.07.2024 for affidavit of service regarding defendant No.2(a).
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 24-07-2024
    
    Date: 03-05-2024
    Business: Advocate Tushar Dahibawkar for plaintiff present and prayed for adjournment for filing affidavit of service regarding defendant No.2(b). O - Granted.
    He filed affidavit of service regarding defendant No.2(a) in respect of Notice of Motion.
    None for defendants No.2(b), 3 and 4 present.
    Matter stands adjourned on 24.07.2024 for affidavit of service regarding defendant No.2(a).
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 24-07-2024
    
    Date: 24-07-2024
    Business: Adv. Tushar Dahibawakar for plaintiff present and seeks adjournment for filing affidavit of service by completing the service. Hence, matter adjourned for filing affidavit of service.
    None for defendant present.
    Matter stands adjourned on 01/10/2024  for filing affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 09-09-2024
    
    Date: 24-07-2024
    Business: Adv. Tushar Dahibawakar for plaintiff present and seeks adjournment for filing affidavit of service by completing the service. Hence, matter adjourned for filing affidavit of service.
    None for defendant present.
    Matter stands adjourned on 01/10/2024  for filing affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 09-09-2024
    
    Date: 09-09-2024
    Business: Not On Board, Taken On Board
    There is element of settlement of dispute between parties.
    Hence, matter is kept in Lok-Adalat scheduled on 28.09.2024.
    Accordingly, issue notice to all parties to suit.
    Matter stands adjourned on 28.09.2024 for Lok-Adalat.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 28-09-2024
    
    Date: 09-09-2024
    Business: Not On Board, Taken On Board
    There is element of settlement of dispute between parties.
    Hence, matter is kept in Lok-Adalat scheduled on 28.09.2024.
    Accordingly, issue notice to all parties to suit.
    Matter stands adjourned on 28.09.2024 for Lok-Adalat.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 28-09-2024
    
    Date: 28-09-2024
    Business: Matter pertains to C.R. No. 65
    None present for Plaintiff
    None present for Defendants.
    Matter adjd to 01.10.2024.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 01-10-2024
    
    Date: 28-09-2024
    Business: Matter pertains to C.R. No. 65
    None present for Plaintiff
    None present for Defendants.
    Matter adjd to 01.10.2024.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 01-10-2024
    
    Date: 01-10-2024
    Business: Adv. Pankaj Dahibawkar for plaintiff present and seeks time for filing service affidavit and necessary steps for proceeding with suit.
    None for defendant present.
    Matter adjourned for taking steps.
    Matter stands adjourned on 08/11/2024 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 08-11-2024
    
    Date: 01-10-2024
    Business: Adv. Pankaj Dahibawkar for plaintiff present and seeks time for filing service affidavit and necessary steps for proceeding with suit.
    None for defendant present.
    Matter adjourned for taking steps.
    Matter stands adjourned on 08/11/2024 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 08-11-2024
    
    Date: 08-11-2024
    Business: None for plaintiff present.
    None for defendant present.
    Matter adjourned for taking steps.
    Matter stands adjourned on 16/01/2025 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 16-01-2025
    
    Date: 08-11-2024
    Business: None for plaintiff present.
    None for defendant present.
    Matter adjourned for taking steps.
    Matter stands adjourned on 16/01/2025 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 16-01-2025
    
    Date: 16-01-2025
    Business: Adv. Pankaj Dahibawkar for plaintiff present and filed draft Notice of Motion along with affidavit. Leave granted to register it.
    None for defendant present.
    Keep Back.
    Later on.
    Adv. Pankaj Dahibawkar for the plaintiff present and submitted registered Notice of Motion No.347/2025 along with affidavit. Taken on record.
    Heard, Adv. for plaintiff. Read the Notice of Motion and affidavit in support of it. As per the affidavit defendant No.2(b) is not available at her last known address and therefore amended plaint could not be served upon defendant No.2(b). Plaintiff prayed for substituted service, in terms of provision of Order 5 Rule 20 of Code of Civil Procedure. In the circumstances service in terms of provision of  Order 5 Rule 20 (1-A) of Code of Civil Procedure needs to be affected. Hence, service by an advertisement in newspaper, the newspaper shall be a daily newspaper circulating in the locality in which defendant No.2(b) is last known to have actual and voluntarily resided, carried on business or personally worked for gain be made. Thus, Notice of Motion No.347/2025 is made absolute in terms of prayer clause (b). Proceeding of Notice of Motion No.347/2025 in Suit No.29/2018 is closed. Parties to take note.
    Matter stands adjourned on 14/02/2025 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 14-02-2025
    
    Date: 16-01-2025
    Business: Adv. Pankaj Dahibawkar for plaintiff present and filed draft Notice of Motion along with affidavit. Leave granted to register it.
    None for defendant present.
    Keep Back.
    Later on.
    Adv. Pankaj Dahibawkar for the plaintiff present and submitted registered Notice of Motion No.347/2025 along with affidavit. Taken on record.
    Heard, Adv. for plaintiff. Read the Notice of Motion and affidavit in support of it. As per the affidavit defendant No.2(b) is not available at her last known address and therefore amended plaint could not be served upon defendant No.2(b). Plaintiff prayed for substituted service, in terms of provision of Order 5 Rule 20 of Code of Civil Procedure. In the circumstances service in terms of provision of  Order 5 Rule 20 (1-A) of Code of Civil Procedure needs to be affected. Hence, service by an advertisement in newspaper, the newspaper shall be a daily newspaper circulating in the locality in which defendant No.2(b) is last known to have actual and voluntarily resided, carried on business or personally worked for gain be made. Thus, Notice of Motion No.347/2025 is made absolute in terms of prayer clause (b). Proceeding of Notice of Motion No.347/2025 in Suit No.29/2018 is closed. Parties to take note.
    Matter stands adjourned on 14/02/2025 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 14-02-2025
    
    Date: 14-02-2025
    Business: Adv. Pankaj Dahibawkar for plaintiff present and filed draft Notice of Motion along with affidavit. Leave granted to register it.
    None for defendant present.
    Draft Notice of Motion is allowed in terms of prayer clause (a). Parties to take note. Registry is directed to register draft Notice of Motion for statistical purpose.
    Matter stands adjourned on 09/04/2025 for compliance.
    Later on.
    Registered Notice of Motion No.1033/25 is taken on record and it is disposed of  and removed from the board as per order passed above.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 09-04-2025
    
    Date: 09-04-2025
    Business: Adv. Pankaj Dahibawkar for plaintiff present and filed service affidavit. Seen. Taken on record and marked as Exhibit-5.
    None for defendant present.
    Matter stands adjourned on 21/06/2025 for hearing.
    Next Purpose: HEARING
    Next Hearing Date: 21-06-2025
    
    Date: 21-06-2025
    Business: P. O. is on leave.
    Next Purpose: HEARING
    Next Hearing Date: 22-07-2025
    
    Date: 22-07-2025
    Business: None for plaintiff present.
    None for defendant present.
    Keep Back.
    Later on.
    Adv. Tushar Dahibawkar for plaintiff present.
    None for defendant present.
    Heard, Adv. for plaintiff on Notice of Motion No.641/2018.
    Adv. for plaintiff Not Pressed the prayer clause (d) in Notice of Motion No.641/2018.
    Matter stands adjourned on 06/08/2025 for reply if any by defendant No.1 and 4 to Notice of Motion No.641/2018.
    Next Purpose: REPLY
    Next Hearing Date: 06-08-2025
    
    Date: 06-08-2025
    Business: None for plaintiff present.
    None for defendant present.
    Reply to the Notice of Motion No.641/2018 is not filed by the defendant. Hence, Notice of Motion No.641/2018 is put up for hearing without reply.
    Matter stands adjourned on 10/10/2025 for hearing of Notice of Motion No.641/2018 without reply.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-10-2025
    
    Date: 10-10-2025
    Business: Adv. Dahibawkar for plaintiff present.
    None for defendant present.
    Matter stands adjourned on 19/11/2025 for Notice of Motion hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-11-2025
    
    Date: 19-11-2025
    Business: Adv. Dahibawkar for plaintiff present.
    None for defendant present.
    Keep Back.
    Later on.
    Adv. Dahibawkar for plaintiff present.
    None for defendant present.
    defendant absent today.
    Matter stands adjourned on for Notice of Motion hearing
     08-01-2025.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-01-2026
    
    Date: 08-01-2026
    Business: CORAM :- H.H.J. SMT. H. C. SHENDE (CR.65)
    None present.
    Matter stands adjourned on 02-02-2026 for hearing on NM no. 641/18 as a last in defalut for order.
    Next Purpose: ORDER
    Next Hearing Date: 02-02-2026
    
    Date: 02-02-2026
    Business: None for plaintiff present.
    None for defendant present.
    Keep Back for heairng if any as a last chance if any today in default for orders.
    Later on.
    Adv. Dahibawkar for plaintiff present.
    None for defendant present.
    None for defendant is present to argue the matter tough ample of opportunities given.
    Learned Adv. for plaintiff alreay argued the matter since long as per record.
    Matter stands adjourned on 17/02/2026 for Notice of Motion order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 17-02-2026
    
    Date: 17-02-2026
    Business: None for plaintiff present.
    None for defendant present.
    Keep Back.
    Later on.
    Due to pauctiy of time matter is adjourned. Parties to take note.
    Matter stands adjourned on 27/02/2026 for Notice of Motion order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 27-02-2026
    
    Date: 27-02-2026
    Business: Adv. Pankaj Dahibawkar for plaintiff present.
    Matter stands adjourned for NM order to 16/03/2026.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 16-03-2026
    
    Date: 16-03-2026
    Business: None for plaintiff present.
    None for defendant present.
    F.R.S.R. following order is passed in Notice of Motion No.641/2018.
    ORDER
    1.Notice Motion No.641 of 2018 in suit No.29 of 2018 is partly allowed.
    2.The defendant Nos.1 to 3 or any person acting for and on their behalf are restrained from creating any third party rights, alienating, transferring or parting with possession of suit Flat No.A/8, admeasuring 450 sq.ft., situated at Rajhans Co-Op Housing Society, Vishwakarma Nagar, Mulund (West), Mumbai till final disposal of the suit.
    3.The defendant No.4 directed not to effect any transfer or change in its record in respect of suit premises (detailed mentioned above) on the basis of any request / application made by the Defendant Nos.1 to 3 during pendency of the suit.
    4. The rest prayers i.e. to allow plaintiff to enter in suit premises, to pay monthly compensation are rejected.
    5.Parties to bear their own cost.
    6.Proceeding of Notice of Motion No.641 of 2018 in S.C. Suit No.29 of 2018 is closed.
    Nature Of Disposal: PARTLY ALLOWED
    Disposal Date: 16-03-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 102758/2018
    Filing Date: 16-02-2018
    First Hearing Date: 06th April 2018
    Decision Date: 16th March 2026
    Court Number And Judge: 65-COURT 65 ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    16 Mar 2026

    Order Details: Notice of Motion Pdf Text: N/M No.641 of 2018 MHCC010024472018 IN THE BOMBAY CITY CIVIL COURT AT GREATER MUMBAI NOTICE OF MOTION NO.641 OF 2018 IN S.C. SUIT NO. 29 OF 2018 Shivaji Dhondu Shetye … Plaintiff. Versus Panduranga Dhondu Shetye and Others … Defendants CORAM : HER HONOUR JUDGE SMT. H. C. SHENDE CITY CIVIL COURT, GR. BOMBAY (C. R. NO.65) DATE : 16th MARCH, 2026 Appearance :- Ld. Adv Dahibawkar for plaintiff. Ld. Adv. Vikramjit Kori…

    Read Full Order
    Order 1Full order available
    16 Mar 2026

    Order Details: Notice of Motion Pdf Text: N/M No.641 of 2018 MHCC010024472018 IN THE BOMBAY CITY CIVIL COURT AT GREATER MUMBAI NOTICE OF MOTION NO.641 OF 2018 IN S.C. SUIT NO. 29 OF 2018 Shivaji Dhondu Shetye … Plaintiff. Versus Panduranga Dhondu Shetye and Others … Defendants CORAM : HER HONOUR JUDGE SMT. H. C. SHENDE CITY CIVIL COURT, GR. BOMBAY (C. R. NO.65) DATE : 16th MARCH, 2026 Appearance :- Ld. Adv Dahibawkar for plaintiff. Ld. Adv. Vikramjit Kori…

    Read Full Order

    TrustJury presents public court-record information for legal discovery and reference. Record availability and detail can vary by source and case.