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NOTICE OF MOTION

Seema Sumant ChogleVsRashmi Mandar Chogle

CNR MHCC01003306201811-COURT 02 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 28th November 2018

TrustJury record updated 10 Sept 2026

Case Overview

Registration Number
101010/2018
Registration Date
08 Mar 2018

Advocates

1

For Petitioner

    Not available

    For Respondent

    Parties

    2

    Acts & Sections

    1
    Public Premises (Eviction of Unauthorised Occupants) Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 08-03-2018
    Business: HHJ is on leave. Hence today board is discharged.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 22-03-2018
    
    Date: 22-03-2018
    Business: CA of the Plaintiff present. Advocate absent.
    Advocate Mr. Prashant More for Defendant nos. 1,2 and 3a present.
    Advocate Mr. Dilip Keni for Defendant nos. 3b and 7 present.
    Original N/M no.1010/18 alongwith affidavit in support tendered by deft no. 7. t.o.r.
    Reply to N/M tendered by Defendant nos. 1, 2 and 3a. t.o.r.
    KB at 3.00p.m.
    LO at 2.45p.m.
    As court is busy in mediation and dictating order. Hence, board is discharged.
    Matter adjd to 12.04.2018.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 12-04-2018
    
    Date: 12-04-2018
    Business: Plaintiff present. Advocate Mr. Kamath for the plaintiff present.
    Advocate Ms. Kamble for BMC/Defendant no. 4 present.
    Advocate Mr. Kanchan Pawar for Defendant nos. 3b and 7 present.
    Advocate Mr. Prashant More for Defendant  1, 2 and 3a present.
    None present for Defendant nos. 5 and 6.
    Advocate for Defendant no. 3b and 7 seeks adjournment. Granted as a last chance, with directions that failure to argue N/M on next date, further orders will be passed.
    Adv for Defendant nos. 1, 2 and 3a suggested name of advocate Manish M. Pabale as a Court Commissioner for recording cross-examination of the plaintiff Mrs. Seema Sumant Chogale. Already affidavit of examination in chief of the Plaintiff vide exh. 7 is on record. But due to her illness, she is not in a position to remain present before the court for her cross-examination. In such circumstances --- 6.  Issue writ of commission to court commissioner accordingly.
    Matter adjd to 21.06.2018 for N/M hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-06-2018
    
    Date: 21-06-2018
    Business: CA of plaintiff present.
    Adv Dilip Keni for def no.3(b) and 7 present and filed copy of NM rejoinder t.o.r.
    Adv for def/BMC absent.
    As Court is busy in dictation of POCSO Case no.621/13 hence matter adjourned to 05.07.2018  for NM hearing.
    
    LO at 3.10 pm
    Adv Kiran Bhange h/f adv Manish Pable for Court Commissioner present.
    Adv Tejas Kamble h/f adv Prashant More for def no.1,2 and 3(a) present.
    Already adjourned to 05.07.2018.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-07-2018
    
    Date: 05-07-2018
    Business: Adv Satish Kamat for plaintiff present.
    Adv Dilip Keni for def no.3(b) and 7 present.
    Adv Khandagale for def/BMC present.
    KB
    LO at 4.20 pm
    Adv Madhuri Shinde h/f adv More for def nos.1, 2 and 8 present. She submits that the daughter of adv More is undergone the surgery therefore he is not present before the Court.
    At the request of adv for def no.1, 2 and 8 matter adjourned to 19.07.2018 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-07-2018
    
    Date: 19-07-2018
    Business: Plff and advocate absent.
    Adv.Dilip Keni for deft.no. 3(b) and 7 present.
    Adv. Madhuri Shinde for Deft.no.1, 3 and 5 present.
    KB
    LO
    Adv Kamat for plaintiff present.
    Adv Prashant Mone for def nos.1, 2 and 3(a) present.
    Adv.Dilip Keni for deft.no. 3(b) and 7 present.
    Heard adv Keni for def no.3(b) and 7.
    By consent matter adjourned to 09.08.2018  for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-08-2018
    
    Date: 09-08-2018
    Business: Court is vacant. Hence today board is discharged
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-09-2018
    
    Date: 06-09-2018
    Business: None for Plaintiff.
    Advocate Ms. Hajare for BMC/Deft. present.
    Court is busy fin hearing and dictating NM orders in suit no. 2318/18, suit nos.275/16, 276/16 and 277/16, hence case is adjourned to 27/09/2018.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-09-2018
    
    Date: 27-09-2018
    Business: Court is busy in hearing and dictating order in respect of urgent application as well as daily board urgent matters, hence board is discharged and case is adjourned to 12/10/2018.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-10-2018
    
    Date: 12-10-2018
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-10-2018
    
    Date: 25-10-2018
    Business: Court is on leave. Hence today board is discharged
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-11-2018
    
    Date: 01-11-2018
    Business: Court is on leave. Hence today board is discharged
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-11-2018
    
    Date: 15-11-2018
    
    Date: 21-11-2018
    Business: CA of Plaintiff present and submitted that, his advocate is held up in  Hon\''ble High Court.
    Advocate Mr. Tejas Kamble for Defendant no.1 to 3 present.
    Advocate Mr. Keni for Defendant no.3(b) and 7 present.
    Advocate for BMC/Deft present.
    Heard arguments.  Advocate Mr. Keni for Defendant no.3(b) and 7 submitted that, in the pendency of this suit Defendant nos.1 and 2 have started construction in suit property therefore status quo order is necessary to be granted against Defendant no.1 and 2.  It is fairly submitted that, no interim relief is granted in favour of Plaintiff.  When Court has asked that whether Defendant nos.3(b) and 7 in their Written Statement have claimed perpetual injunction against Defendant no.1 and 2 it is submitted that, no s8uch claim is claimed in Written Statement, however according to Advocate Mr. Keni for Defendant no.3(b) and 7, status quo order is necessary to be passed.  CA of Plaintiff submitted that, court may decide NM on merits and advocate Mr. Kamble for Defendant no.1 to 3 submitted that, court may decide NM by considering reply of those Defendants and if possible matter may be kept at 4.30 p.m. for arguments on behalf of Defendant no.1 to 3
    Matter is kept back for passing order on Notice of Motion and mean while if advocate for Defendant no.1 to 3 will appear and argue his submissions can be considered.
    Case is adjourned to 22/11/2018 for Order on Notice of Motion.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 22-11-2018
    
    Date: 22-11-2018
    Business: Advocate for Plaintiff present.
    Advocate for BMC/Deft present.
    Steno is on leave.  No alternate steno is provided, hence, case is adjourned to 27/11/2018 for Order on Notice of Motion.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 27-11-2018
    
    Date: 27-11-2018
    Reason For Adjournment: court time is over
    Next Purpose: NM  ORDERS
    Next Hearing Date: 28-11-2018
    
    Date: 28-11-2018
    Business: Advocate for Plaintiff present.
    Advocate for BMC/Deft present.
    F.R.S.R. following order has passed -
                                   ORDER
    Notice of Motion no. 1010/18 is dismissed.
    Case is adjourned to 13.12.2018 for R/E.
    Nature Of Disposal: DISMISSED
    Disposal Date: 28-11-2018

    Additional Case Details

    Additional Case Details
    Filing Number: 103548/2018
    Filing Date: 08-03-2018
    First Hearing Date: 08th March 2018
    Decision Date: 28th November 2018
    Court Number And Judge: 11-COURT 02 ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    28 Nov 2018

    Order Details: Notice of Motion Pdf Text: - 1 - IN THE BOMBAY CITY CIVIL COURT, AT MUMBAI NOTICE OF MOTION NO. 1010 OF 2018 IN L.C. SUIT NO. 4486 OF 2007 Smt. Seema Sumant Chogle .. Plaintiffs Versus Mrs. Rashmi Mandar Chogle & Ors. .. Defendants. CORAM : HIS HONOUR JUDGE SHRI K.P.NANDEDKAR (C.R.NO.11) DATE : 28th November, 2018 Mr. Kamat Ld. adv. for the plaintiff. Mr. Kamble, Ld. adv. for defendant nos 1 to 3. Mr. Keni, Ld.…

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    Order 1Full order available
    28 Nov 2018

    Order Details: Notice of Motion Pdf Text: - 1 - IN THE BOMBAY CITY CIVIL COURT, AT MUMBAI NOTICE OF MOTION NO. 1010 OF 2018 IN L.C. SUIT NO. 4486 OF 2007 Smt. Seema Sumant Chogle .. Plaintiffs Versus Mrs. Rashmi Mandar Chogle & Ors. .. Defendants. CORAM : HIS HONOUR JUDGE SHRI K.P.NANDEDKAR (C.R.NO.11) DATE : 28th November, 2018 Mr. Kamat Ld. adv. for the plaintiff. Mr. Kamble, Ld. adv. for defendant nos 1 to 3. Mr. Keni, Ld.…

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