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NOTICE OF MOTION

Harsh Mahesh Sampat +1 moreVsDilip S/o. Padamsey Sampat

CNR MHCC0100276220187-COURT 07 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 18th January 2020

TrustJury record updated 09 Sept 2026

Case Overview

Registration Number
100760/2018
Registration Date
23 Feb 2018

Advocates

1

For Petitioner

    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: 04-04-2018
    Business: Adv. Ms. Amikasha Joshi Present for the Plff.
    Adv. Tripathi Present for the Deft.
    Ld counsel for the Deft filed registered NM 760/18 alongwith affidavit. t.o.r.
    Adv. for the Deft filed Affidavit of service of NM 760/18. t.o.r.
    Ld counsel for the plff filed reply to the NM 760/18. t.o.r. copy served to otherside.
    Adj. for  Hearing of NM 760/18 on 06/06/2018.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-06-2018
    
    Date: 06-06-2018
    Business: Plff. Present.
    Deft. present. Adv Mr. Tripathi for deft. present.
    K.B. L.O.3.58pm.
    Plff. Present. Adv Mr. Rajpurohit for plff. Present.
    Deft present. Adv Mr.Tripathi for deft present.
    Heard ld. Advocate for deft.
    adjd. For NM hearing of plff. On 03.08.2018.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-08-2018
    
    Date: 03-08-2018
    Business: Adv Apeksha Joshi for plaintiff present.
    Adv Tripathi for defendant present.
    Adjourned to 03.10.2018  for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-10-2018
    
    Date: 03-10-2018
    Business: Plaintiff and defendant are Present.
    Adv. Joshi For Plaintiff Present.
    Adv. Mr. V.R. Tripathi for defendant Present.
    Adjd to 16/10/2018 for hearing on N.M
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-10-2018
    
    Date: 16-10-2018
    Business: P.O. is on Leave
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-11-2018
    
    Date: 16-11-2018
    Business: Plaintiff Present. Adv.  Ansari for Plaintiff Present.
    Defendant Present. Adv. Tripathi for defendant Present.
    Adjd to 17/12/2018 for hearing on N.M
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-12-2018
    
    Date: 17-12-2018
    Business: Adv. Joshi for Plaintiff Present.
    Adv. Tripathi for defendant Present.
    Plaintiff and defendant Present.
    K.B. 02.45 p.m.
    L.O. at. 03.20 p.m.
    Adv. Joshi for Plaintiff Present.
    Adv. Tripathi for defendant Present.
    Heard arguments of Adv. Tripathi for defendant on N.M. 760/18.
    Adjd to 07/01/2019 for hearing on N/M of Plaintiff
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-01-2019
    
    Date: 07-01-2019
    Business: P.O. is on Training
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-01-2019
    
    Date: 30-01-2019
    Business: P.O. is on Training
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-02-2019
    
    Date: 13-02-2019
    Business: Plaintiff and defendant are Present.
    Adjd 19/03/2019 for hearing on N.M
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-03-2019
    
    Date: 19-03-2019
    Business: Adv. Mr. Bipin Joshi for Plff. Present.
    Adv. Mr. V.R. Tripathi for Deft. Present.
    Plff. Present.
    Deft. Present.
    Defendant advocate submitted that, Notice of Motion 760/2018 be heard along with suit by framing issue of limitation.
    As the Defendant advocate submitted that, Notice of Motion be heard along with suit.
    Adjd for Cross of Plff. on 21/06/2019.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 21-06-2019
    
    Date: 21-06-2019
    Business: Adv. Morya for plff present.
    Deft and adv. absent.
    KB
    LO
    Adjd. to 25.07.2019 for evidence
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 25-07-2019
    
    Date: 25-07-2019
    Business: Matter called out (11.23am)
    Adv.S.Desai for plaintiff present.
    Adv.for defendant present.
    Both advocate submitted that, the matter is wrongly on board. The cross suit between the same party in fixed on 30/07/19. Hence, matter adj on 30/07/193.
    Matter adj for evidence on 30/07/19
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 30-07-2019
    
    Date: 25-07-2019
    Business: Matter called out (11.23am)
    Adv.S.Desai for plaintiff present.
    Adv.for defendant present.
    Both advocate submitted that, the matter is wrongly on board. The cross suit between the same party in fixed on 30/07/19. Hence, matter adj on 30/07/193.
    Matter adj for evidence on 30/07/19
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 30-07-2019
    
    Date: 30-07-2019
    Business: Matter called out (11.26am)
    SUIT NO.4600/2008 AND 1774/2015 tag together hence roznama is same.
    Adv.Tripathi for plaintiff present.
    Adv.Bipin Joshi for defendant present.
    By consent matter kept back.
    Second time matter called out (1.08pm)
    Exh-25 Plaintiff filed application for deleting certain paras of affidavit as those are not forming part of pleading.  Certain paras are in respect of argument and submissions.  Order- Other side to say.
    ORDER- In view of judgment of Hon\''ble Apex court report in 2004-1-SCC-702 the aforesaid application. T.O.R and shall be decided alongwith the after final hearing.
    Article-A FDR receipt.
    Due to recess matter is adj on 05/08/19.
    Matter adj for recording evidence P.H on 05/08/19 at 2.45pm
    Next Purpose: RECORDING EVIDENCE P.H.
    Next Hearing Date: 05-08-2019
    
    Date: 05-08-2019
    Business: Matter called out at 11.20 P.M
    Adv. Mrs. Amiksha Joshi for plaintiff present.
    Adv. Mr. Rajesh Dixit for defendant present.
    Plaintiff informed that due to certain personal reasons, Adv. on record unable to attend the court.  Hence plaintiff seeking time.  Time granted.
    Matter Adjd. to 27.08.2019 for recording of evidence p/h.
    Next Purpose: RECORDING EVIDENCE P.H.
    Next Hearing Date: 27-08-2019
    
    Date: 27-08-2019
    Business: Matter called out(11.26am)
    Adv. for plaintiff present.
    Adv.Bipin Joshi for defendant present.
    Witness present.
    kept back.
    Second time matter called out(1.40pm)
    Adv. for plaintiff present.
    Adv.Bipin Joshi for defendant present.
    PW-1 partly recorded.
    Matter adj for cross-examination of PW-1 on 30/08/19.
    Next Purpose: RECORDING EVIDENCE P.H.
    Next Hearing Date: 30-08-2019
    
    Date: 27-08-2019
    Business: Matter called out(11.26am)
    Adv. for plaintiff present.
    Adv.Bipin Joshi for defendant present.
    Witness present.
    kept back.
    Second time matter called out(1.40pm)
    Adv. for plaintiff present.
    Adv.Bipin Joshi for defendant present.
    PW-1 partly recorded.
    Matter adj for cross-examination of PW-1 on 30/08/19.
    Next Purpose: RECORDING EVIDENCE P.H.
    Next Hearing Date: 30-08-2019
    
    Date: 30-08-2019
    Business: Matter called out(1.20pm)
    SUIT NO.4600-2008 AND 1774-2015 tag together hence roznama is same.
    Adv.Tripathi for plaintiff present.
    Adv.Bipin Joshi for defendant present.
    Exh-27 Defendant reply on nomination form.
    Exh-28 Letter dated 07.09.2003 issued by society to Madhuri and plaintiff no.1.
    Exh-29 Reply dated 03.10.2003
    Exh-30 Written statement Suit No.2701 of 2008.(BCC Suit No.4600 of 2008)
    Article  B Telegram.
    Article  C Receipt of telegram dated 03.12.2007
    PW-1 cross is completed.
    Matter adj for further evidence on 31/08/19.
    Next Purpose: RECORDING EVIDENCE P.H.
    Next Hearing Date: 31-08-2019
    
    Date: 31-08-2019
    Business: Matter called out(12.35pm)
    SUIT NO.4600/2008 AND 1774/2015 tag together hence roznama is same.
    Adv.Rajesh Dixit for plaintiff present filed application.
    Adv.Ravindra Singh i/b Adv. Bipin Joshi for defendant present.
    Matter adj to 03/10/19  for further evidence.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 03-10-2019
    
    Date: 31-08-2019
    Business: Matter called out(12.35pm)
    SUIT NO.4600/2008 AND 1774/2015 tag together hence roznama is same.
    Adv.Rajesh Dixit for plaintiff present filed application.
    Adv.Ravindra Singh i/b Adv. Bipin Joshi for defendant present.
    Matter adj to 03/10/19  for further evidence.
    Next Purpose: RECORDING EVIDENCE P.H.
    Next Hearing Date: 03-10-2019
    
    Date: 03-10-2019
    Business: Matter called out(12.22pm)
    Adv.Rajesh Dixit for plaintiff  present.
    Defendant and his advocate absent.
    PW-2 absent.
    Matter is adj to 10/10/19 for evidence P.H.
    Later on at 12.20pm
    Adv.Amiksha Joshi i/b Bipin Joshi for defendant present.
    Next Purpose: RECORDING EVIDENCE P.H.
    Next Hearing Date: 10-10-2019
    
    Date: 03-10-2019
    Business: Matter called out(12.22pm)
    Adv.Rajesh Dixit for plaintiff  present.
    Defendant and his advocate absent.
    PW-2 absent.
    Matter is adj to 10/10/19 for evidence P.H.
    Later on at 12.20pm
    Adv.Amiksha Joshi i/b Bipin Joshi for defendant present.
    Next Purpose: RECORDING EVIDENCE P.H.
    Next Hearing Date: 10-10-2019
    
    Date: 10-10-2019
    Business: Matter called out(11.31pm)
    Defendant in person present.
    Adv.Sahil Ansari for plaintiff present.
    Adv.V.R.Tripathi for defendant present filed evidence closing pursis.
    As per witness summons issue, witness Ashok Jain is present with the original documents.
    Matter is adj to 13/11/19 for evidence of defendant.
    Next Purpose: RECORDING EVIDENCE P.H.
    Next Hearing Date: 13-11-2019
    
    Date: 13-11-2019
    Business: P.O. is on Leave
    Next Purpose: RECORDING EVIDENCE P.H.
    Next Hearing Date: 06-12-2019
    
    Date: 06-12-2019
    Business: Matter called out(11.24am)
    Plaintiff in person present seeking time as he wanted to change his advocate.
    Adv.Ravindra Singh for defendant present.
    Matter is adj to 18/01/2020 for evidence P.H.
    Next Purpose: RECORDING EVIDENCE P.H.
    Next Hearing Date: 18-01-2020
    
    Date: 18-01-2020
    Business: Matter is called out at 11.54am
    Adv.Sahil Ansari i/b Bipin Joshi for plaintiff present.
    Adv.Ruturaj Joshi for defendant present filed vakalatnama. (Exh--)
    T.O.R
    N/M No.760/18 heard both the side.  Defendant prayed for dismissal of suit before recording of evidence on the ground of limitation.  Admittedly the issues of limitation is framed.  The matter already proceeded for oral evidence.  In view of the above fact nothing survive in the N/M No.760/18 hence, N/M No.760/18 is disposed off accordingly.
    Witness of plaintiff present.
    Adv. of defendant seeking time to cross-examine the witness on ground that the counsel is not available.  The request apposed by the plaintiff advocate.  As the defendant advocate filed vakalatnama today.  In my view, request can be accepted.
    Matter is adj to 20/03/2020 for evidence.
    Nature Of Disposal: ALLOWED
    Disposal Date: 18-01-2020

    Additional Case Details

    Additional Case Details
    Filing Number: 103086/2018
    Filing Date: 23-02-2018
    First Hearing Date: 04th April 2018
    Decision Date: 18th January 2020
    Court Number And Judge: 7-COURT  07 ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1
    18 Jan 2020
    Order Details: Notice of Motion
    Pdf Text: Daily Status
    IN THE COURT OF :COURT 7 ADDL SESSIONS JUDGE
    Case No. :NOTICE OF MOTION/0100760/2018
    1. Harsh Mahesh Sampat 2. Deepesh Mahesh Sampat Vs Dilip S/o. Padamsey Sampat
    Date : 18-01-2020
    Business : Matter is called out at 11.54am Adv.Sahil Ansari i/b Bipin
    Joshi for plaintiff present. Adv.Ruturaj Joshi for defendant
    present filed vakalatnama. (Exh) T.O.R N/M No.760/18 heard
    both the side. Defendant prayed for dismissal of suit before
    recording of evidence on the ground of limitation. Admittedly
    the issues of limitation is framed. The matter already
    proceeded for oral evidence. In view of the above fact nothing
    survive in the N/M No.760/18 hence, N/M No.760/18 is
    disposed off accordingly. Witness of plaintiff present. Adv. of
    defendant seeking time to cross-examine the witness on
    ground that the counsel is not available. The request apposed
    by the plaintiff advocate. As the defendant advocate filed
    vakalatnama today. In my view, request can be accepted.
    Matter is adj to 20/03/2020 for evidence.
    Nature of Disposal : ALLOWED
    Disposal Date : 18-01-2020
    COURT 7 ADDL SESSIONS JUDGE
    -- 1 of 1 --
    Order 1
    18 Jan 2020
    Order Details: Notice of Motion
    Pdf Text: Daily Status
    IN THE COURT OF :COURT 7 ADDL SESSIONS JUDGE
    Case No. :NOTICE OF MOTION/0100760/2018
    1. Harsh Mahesh Sampat 2. Deepesh Mahesh Sampat Vs Dilip S/o. Padamsey Sampat
    Date : 18-01-2020
    Business : Matter is called out at 11.54am Adv.Sahil Ansari i/b Bipin
    Joshi for plaintiff present. Adv.Ruturaj Joshi for defendant
    present filed vakalatnama. (Exh) T.O.R N/M No.760/18 heard
    both the side. Defendant prayed for dismissal of suit before
    recording of evidence on the ground of limitation. Admittedly
    the issues of limitation is framed. The matter already
    proceeded for oral evidence. In view of the above fact nothing
    survive in the N/M No.760/18 hence, N/M No.760/18 is
    disposed off accordingly. Witness of plaintiff present. Adv. of
    defendant seeking time to cross-examine the witness on
    ground that the counsel is not available. The request apposed
    by the plaintiff advocate. As the defendant advocate filed
    vakalatnama today. In my view, request can be accepted.
    Matter is adj to 20/03/2020 for evidence.
    Nature of Disposal : ALLOWED
    Disposal Date : 18-01-2020
    COURT 7 ADDL SESSIONS JUDGE
    -- 1 of 1 --

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