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NOTICE OF MOTION

Smt.Shashikala Ramkirat Rajbhar +2 moreVsRam Narayan Rajbhar +2 more

CNR MHCC0100330820184-COURT 04 AD-HOC JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 20th April 2024

TrustJury record updated 10 Sept 2026

Case Overview

Registration Number
101012/2018
Registration Date
08 Mar 2018

Advocates

2

For Petitioner

For Respondent

Parties

6

Acts & Sections

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

Case History / Proceedings

Case History
Date: 12-03-2018
Business: HHJ is Nominated as trainer at Uttan for training on mediation, hence today Board is discharged.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 18-04-2018

Date: 18-04-2018
Business: Plaintiffs present. Advocate Mr. S. B. Singh for the plaintiffs present.
None present for deft nos. 1 and 2.
Advocate Mr. Giri for BMC/deft no. 3 present.
Issue fresh writ of summons/ notice to deft nos. 1 and 2 through bailiff or RPAD upon payment of necessary charges and process fee.
Matter adjd to 18.06.2018 for service affidavit.
Next Purpose: SERVICE
Next Hearing Date: 18-06-2018

Date: 18-06-2018
Business: Plaintiff present.
Adv. Mr. Giri for BMC/ defendant present.
L.O.
Adv. Mr. S.B. Singh for plaintiffs present.
Adjd to 8.8.2018 for service.
L.O.
Defendant no. 1 and 2 present.
Orally requested time to engage lawyer.
Adjd to 8.8.2018 for service.
Next Purpose: SERVICE
Next Hearing Date: 08-08-2018

Date: 08-08-2018
Reason For Adjournment: court time is over
Next Purpose: COMPLIANCE
Next Hearing Date: 12-09-2018

Date: 12-09-2018
Reason For Adjournment: court time is over
Next Purpose: COMPLIANCE
Next Hearing Date: 15-10-2018

Date: 15-10-2018
Business: Plaintiff no. 1 present. Advocate absent.
Deft. no. 1 and 2 absent.
Adv. Mhatre for defendant no. 3/ BMC present.
K.B.
L.O.
Adv. S. B. Singh for plaintiff present
Adv. Bhushan Vardhaman for deft. no. 1 and 2 present and request for time to file written statement.
Adv. Mhatre for defendant no. 3/ BMC present.
As per order Exh. 7 Adv. of plaintiff already served copies of documents along-with plaint to the deft.
Matter adjd. to 3.12.18 for Written statement of deft. no. 1 and 2.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 03-12-2018

Date: 03-12-2018
Business: None for plaintiff.
Adv. Mrs. Mhatre for Defendant No.3/BMC present.
Defendant No.1 present.
Adv. for Defendant Nos. 1 and 2 absent.
Last chance gdranted to Defendants NOS. 1 and 2 to file W/s.
W/s of Defendant No.1 and 2.
Adjd. to 19.01.2019 for W/S.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 19-01-2019

Date: 19-01-2019
Business: None for plff.
Deft no.1 present.
Adv for deft no.1 and 2 absent.
Adv Mhatre h/f adv Bhoir for BMC/deft no.3 present.
Oral request for adjournment by deft no.1 is rejected. Suit to proceed without written statement of defts no.1 and 2.
Adjd to 27/02/2019 for framing issues.
Later on..
Adv Ms.Rajjak for deft nos.1 and 2 present and tendered application for setting aside No w.s. order against defts no.1 and 2. It is TOR and marked as Exh.8.
Order on Exh.8 -
Granted. No w.s. order is set aside. Written statement is taken on record.
Written statement of defts no.1 and 2. It is TOR and marked as Exh.9.
Already adjd to 27/02/2019 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 27-02-2019

Date: 27-02-2019
Business: Court is on leave. Hence, matter is adjourned.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 03-04-2019

Date: 03-04-2019
Business: Plff No.1 present and her Adv. absent.
Deft No.1 present.  Deft No.2 absent.
Adv. for Defts No.1 and 2 absent.
Adv. Mrs. Bhoir for MCGM/deft. No.3 present.
Copy of WS (Exh.9) is served to Plff No.1.
Adjd to 17/6/19 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 17-06-2019

Date: 17-06-2019
Business: Plaintiff no. 1 and 2 present.  Their advocate absent.
Def. no. 1 present. His advocate absent.
Def. no. 2 absent.
Adv. Ms. Patil for Def 3 /MCGM present.
After perusal of record, the def. Has filed application (Exh. 6) dtd. 19.06.2017, and the same is not yet decided.  Hence, adjourned.
Adjd to 18.07.2019 for arguments on Exh. 6 application for dismissal of suit.
L.o. at 3.00 p.m. Adv. S. B. Singh for plaintiff filed rejoinder to w.s. of def. Nos. 1 and 2.
One copy kept on record for defendant.
Adjd to 18.07.2019 for arguments on Exh. 6 application for dismissal of suit.
Next Purpose: ARGUMENTS
Next Hearing Date: 18-07-2019

Date: 18-07-2019
Business: None for plaintiff.
None for defendants.
Adv. Ms. Patil for MCGM/Defendant 3 present.
Court is busy in recording evidence in Sessions Case No. 75/18 and 355/17 and Suit No. 1969/11.
Adjd to 13.09.2019 for argument on Exh. 6 application for dismissal of suit.
L.o. at 12.35 p.m. Adv. Bhushan Vardhaman for def. no. 1 and 2 present and received copy of rejoinder filed by plaintiff.
Next Purpose: ARGUMENTS
Next Hearing Date: 13-09-2019

Date: 13-09-2019
Business: None for plaintiffs.
Defendant no.1 present.
Adv. for defendant nos. 1 and 2 absent.
Adv. Mrs. D.D. Patil for Deft no.3/MCGM present.
Defendants nos. 1 and 2 are directed to serve copy of NM No. 1012/18 to the plaintiff on or before next date.
Adjd. 24/10/2019 for NM Service.
Next Purpose: SERVICE
Next Hearing Date: 24-10-2019

Date: 24-10-2019
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-12-2019

Date: 05-12-2019
Business: Court is on leave today. Hence, Board is discharged.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-01-2020

Date: 24-01-2020
Business: None for plaintiff present.
Avd. Bhushan Vardhman for defendant No. 1 and 2 present.
Adv. Ms. Patil for MCGM/Defendant No.3 present.
On oral request of advocate for Defendant No. 1 and 2, adjournment granted as last chance.
Matter adjd to 13.03.2020 for hearing on Exh-6/ NM reply.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-03-2020

Date: 13-03-2020
Business: Adv.S.B.Singh for plaintiff present.
Adv. Bhushan Vardhman for defendant No.1 and 2  present.
Adv. Ms. Patil for MCGM/Defendant No.3 present.
On oral request of advocate for plaintiff, adjournment granted.
 Matter adjd to 30.04.2020 for hearing on Exh-6/ Nm reply.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-04-2020

Date: 30-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-05-2020

Date: 21-05-2020
Business: In view of extension of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-06-2020

Date: 09-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-09-2020

Date: 29-09-2020
Business: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-11-2020

Date: 03-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-01-2021

Date: 12-01-2021
Business: None for plaintiff.
None for deft no. 1 and 2.
Adv. Ms. Smita Chavan for deft no.3 /MCGM present.
Matter adjd to 04/02/2021 for NM Reply.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 04-02-2021

Date: 04-02-2021
Business: None for plaintiff.
Adv. Ms. Rajjak for deft no.1 and 2 present and requests for time to reply to NM No.1012/18. Time is granted till next date.
Adv. Ms. Smita Chavan for deft/MCGM present.
Matter adjd to 08/04/2021 for NM Reply.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 08-04-2021

Date: 08-04-2021
Business: Due to Covid-19 SOP, matter is adjourned till next date.
Matter adjd to 29/06/2021 for NM reply.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 29-06-2021

Date: 29-06-2021
Business: Due to Covid - 19.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 24-08-2021

Date: 24-08-2021
Business: HHJ is on leave
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 23-09-2021

Date: 23-09-2021
Business: None for plaintiff.
Adv Rajjak for defendant nos.1 and 2.
Adv Mrs Rawade for defendant no.3/ MCGM present.
Adjd. To 16/11/2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-11-2021

Date: 16-11-2021
Business: Plaintiff No. 1 present. Her advocate is absent.
Adv. Ms. Rajjak for Defendant No. 1 and 2 present and seeks time to file reply to NM. Time is granted till next date.
Adv Mrs Rawade for Defendant no.3 / MCGM present.
Matter is adjd to 13/01/2022  for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-01-2022

Date: 13-01-2022
Business: In view of office order no.7/2022 dated 07.01.2022 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06.01.2022 of Hon\''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s.
Matter is adjd to 03/03/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-03-2022

Date: 03-03-2022
Business: None for plaintiff.
None for defendant nos.1 and 2.
Adv Mrs Rawade for defendant no.3/ MCGM present and requests for time to file reply to NM.
Time is granted till next date.
Adjd. to 19/04/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-04-2022

Date: 19-04-2022
Business: None for plaintiff.
None for defendant no.1 and 2.
Adv Mrs Rawade for defendant no.3/ MCGM is present and requests for time to file reply to NM. Time is granted till next date.
Adjd. To 16/06/2022 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-06-2022

Date: 16-06-2022
Business: H.H.J. is on leave today.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-08-2022

Date: 02-08-2022
Business: None plaintiff present
Adv. Rajjak for deft. Nos. 1 and 2 present.
Adv. Mrs. Rawade for defendant No. 3/ BMC is present.
Both the advocates are requested time to file reply to N/M. Time is granted till next date.
Adjd. to 27/09/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-09-2022

Date: 27-09-2022
Business: Adv. S. B. Singh for plaintiff present.
None for deft. Nos.1 and 2.
Adv. Mrs. Rawade h/f Adv. Mrs. Chavan for defendant No.3/ BMC is present.
Issue notice to deft. Nos.1 and 2 to remain present before National Lok-Adalat will be held on 12/11/2022 at 10.30 a.m.
Matter is kept for Lok-Adalat.
Adjd. to 12/11/2022 for Lok-Adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 12-11-2022

Date: 12-11-2022
Business: NATIONAL LOK ADALAT HELD ON 12.11.2022 (PANEL-VII)
Matter pertains to CR No.04
Plaintiff absent.
Adv  Rawade for defendant/BMC present.
Smt. Kanchan Patankar Sub Engineer, N Ward, for BMC present
Shri.  Vaibhav Kamble Jr. Engineer for BMC present.
Settlement not arrived at.
Matter posted before regular Court.
Matter is adjd to 13.12.2022
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-12-2022

Date: 13-12-2022
Business: Court is busy in urgent hearing, board is discharged.
Adjd. to 07/02/2023 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-02-2023

Date: 07-02-2023
Business: Due to paucity of time, board is discharged.
Adjd. to 30/03/2023 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-03-2023

Date: 30-03-2023
Business: Adv Mahamuni with Adv Gharat h/f Adv K. Andrews for plaintiff present.
Adv Ashok Garje for defendant no. 1 present.
Adv Mhatre for deft No.2/BMC present.
On oral request advocates for plaintiff and deft no. 2 matter is adjourned till next date.
Matter is adjd. to 13-06-2023 for filing reply to NM by plaintiff and deft no. 2/BMC.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-06-2023

Date: 13-06-2023
Business: Court is on leave
Matter adjourned.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-07-2023

Date: 04-07-2023
Business: PO Court is on leave
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-09-2023

Date: 16-09-2023
Business: None present for plaintiff
None present for deft No. 1 and 2.
Advocate Mhatre for defendant No.3/BMC present and submitted that she is not having copy of NM. Hence, matter adjourned.
Plaintiff is directed to provide copy of NM to deft/BMC.
Adjd  to  07.11.2023 for  NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-11-2023

Date: 07-11-2023
Business: None present for plaintiff
Advocate Mhatre for defendant No. 3/BMC present and submitted that she has not yet received copy of NM.
None present for deft No. 1 and 2
plaintiff is directed to provide copy of NM to deft/BMC
Adjd  to  04.01.2024   for  NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-01-2024

Date: 04-01-2024
Business: None present for plaintiffs
Advocate Mhatre for defendant No.3/BMC present.
None present for deft No. 1 to 2 and they have not filed reply to NM. The NM is of Year 2018 i.e. five years old. Hence matter adjourned and kept for no say order against deft No. 1 and 2.
Adjd  to 15.02.2024  for  No Say order against deft No. 1 and 2.
Next Purpose: ORDER
Next Hearing Date: 15-02-2024

Date: 15-02-2024
Business: None present for plaintiffs.
Advocate Jyoti Patil- Mhatre for defendant/BMC present.
None present deft No. 1 and 2 and nto filed reply to NM   No. 1012/18. Hence no say order passed agasint deft No. 1   and 2. The deft.BMC has already filed reply to NM cum WS, hence matter adjourned for hearing of NM.
Adjd  to 07.03.2024  for   NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-03-2024

Date: 07-03-2024
Business: None present for plaintiff’s and deft No.  1 and 2
Advocate Jyoti Patil- Mhatre for defendant No.3/BMC present.
Adjd  to  16.04.2024   for NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-04-2024

Date: 16-04-2024
Business: None present for plaintiff.
Advocate Mhatre for defendant No.3/BMC present.
None  present for deft No. 1 and 2
It appears that today is second date of hearing of NM without say. Since last many dates none appeared for plaintiff. Hence matter adjourned and kept for dismissal of NM.
Adjd  to 20.04.2024  for NM dismissal
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 20-04-2024

Date: 20-04-2024
Business: None present for plaintiff
Advocate Mhatre for defendant No.3/BMC present.
None present for deft No. 1 and 2
Suit is of year 2015 and NM No. 1012/18 is pending since three dates for hearing but neither plaintiff nor his adv remains present. hence on previous date matter was adjourned and kept today for dismissal of NM but inspite of that none present for plaintiff. Hence NM No. 1012/18 is dismissed for default.
Adjd  to 25.04.2024    for hearing on issues.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 20-04-2024

Additional Case Details

Additional Case Details
Filing Number: 103729/2018
Filing Date: 08-03-2018
First Hearing Date: 12th March 2018
Decision Date: 20th April 2024
Court Number And Judge: 4-COURT 04 AD-HOC JUDGE

Orders

2
Final Order 1
20 Apr 2024
Order Details: Other
Pdf Text: 95 Dt:20.04.2024
SU 1080/15
CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
None present for plaintiff
Advocate Mhatre for defendant No.3/BMC present.
None present for deft No. 1 and 2
Suit is of year 2015 and NM No. 1012/18 is pending since
three dates for hearing but neither plaintiff nor his adv
remains present. hence on previous date matter was
adjourned and kept today for dismissal of NM but inspite of
that none present for plaintiff. Hence NM No. 1012/18 is
dismissed for default.
Adjd to 25.04.2024 for hearing on issues.
Judge
-- 1 of 1 --
Order 1
20 Apr 2024
Order Details: Other
Pdf Text: 95 Dt:20.04.2024
SU 1080/15
CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
None present for plaintiff
Advocate Mhatre for defendant No.3/BMC present.
None present for deft No. 1 and 2
Suit is of year 2015 and NM No. 1012/18 is pending since
three dates for hearing but neither plaintiff nor his adv
remains present. hence on previous date matter was
adjourned and kept today for dismissal of NM but inspite of
that none present for plaintiff. Hence NM No. 1012/18 is
dismissed for default.
Adjd to 25.04.2024 for hearing on issues.
Judge
-- 1 of 1 --

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