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NOTICE OF MOTION

Abbas Taherali GhadialiVsMs Akash Developers And Ors

CNR MHCC0100338320183-COURT 03 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 04th January 2022

TrustJury record updated 10 Sept 2026

Case Overview

Registration Number
101037/2018
Registration Date
09 Mar 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 17-07-2018
    Business: Matter adj. for Affidavit of Service to 24.09.2018.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 24-09-2018
    
    Date: 24-09-2018
    Business: Matter adj. for Compliance to 28.11.2018.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 28-11-2018
    
    Date: 28-11-2018
    Business: Matter adj. for Affidavit of Service to 14.02.2019.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 14-02-2019
    
    Date: 14-02-2019
    Business: Matter adj. for NM Reply to 20.04.2019.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 20-04-2019
    
    Date: 20-04-2019
    Business: None for plaintiff.
    None for defendant.
    Reply not filed.
    Matter adj. for NM Reply and Hearing to 18.07.2019.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 18-07-2019
    
    Date: 18-07-2019
    Business: Adv. Akshay Pawar for plaintiff present.
    None present for defendant.
    Reply to NM not filed. Time was granted to the defendant on 14.02.19 and 20.04.19. Hence NM to proceed without reply.
    Matter stands Adj for hearing on 14.08.19.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 14-08-2019
    
    Date: 14-08-2019
    Business: Court is on leave
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 13-09-2019
    
    Date: 13-09-2019
    Business: None present for plaintiff and defendant.
    NM has proceeded without reply.
    Matter stands Adj for hearing on NM to 22.10.19.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 22-10-2019
    
    Date: 22-10-2019
    Business: None present for plaintiff and defendant.
    Matter stands Adj for NM hearing to 12.12.2019.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 12-12-2019
    
    Date: 12-12-2019
    Business: Adv. Kunal Bhanage for plaintiff present.
    None present for defendant.
    Matter stands Adj for NM hearing to 29.01.2020.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 29-01-2020
    
    Date: 29-01-2020
    Business: Court is busy in dictating Judgment in Commercial Suit no. 86/19 and suit no. 1775/15. Hence Board is discharged.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 23-03-2020
    
    Date: 23-03-2020
    Business: adjourned
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 01-04-2020
    
    Date: 01-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 16-04-2020
    
    Date: 16-04-2020
    Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 77 of 2020 matter adjourned.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 05-05-2020
    
    Date: 05-05-2020
    Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 77 of 2020 matter adjourned.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 27-05-2020
    
    Date: 27-05-2020
    Business: In view 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: NOTICE OF MOTION
    Next Hearing Date: 12-06-2020
    
    Date: 12-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 15-09-2020
    
    Date: 15-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 29-10-2020
    
    Date: 29-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 04-01-2021
    
    Date: 04-01-2021
    Business: None present.
    The matter is adjourned to 12.02.2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-02-2021
    
    Date: 12-02-2021
    Business: None present.
    Plaintiff  shall prosecute NM on next date failing which further order will follow.
    The case is adjourned to 03.04.2021 for NM hearing.
    Adv. Prakash Sutar for Plaintiff present.
    Already the case is adjourned to 03.04.2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-04-2021
    
    Date: 03-04-2021
    Business: None present.
    The case is adjourned to 15.06.2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-06-2021
    
    Date: 15-06-2021
    Business: In view of office order No. 100/2021 dtd. 04.06.2021  of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai pursuant to circular dtd. 16.04.2021 issued by Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases and the views of stakeholders, the matter is adjourned
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 31-07-2021
    
    Date: 31-07-2021
    Business: Court is vacant
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-10-2021
    
    Date: 01-10-2021
    Business: None present.
    Matter stands adjourned to 17.11.2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-11-2021
    
    Date: 17-11-2021
    Business: Court is on leave. Board is discharged.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-01-2022
    
    Date: 04-01-2022
    Business: Matter called out at 3.36 p.m.
    Adv. Kunal Bhanage for plaintiff present.
    None present for defendant.
    Following F.R.S.R. order is passed in NM No.1037/18.
    ORDER
    1.	Notice of Motion No.1037/2018 is hereby allowed in terms of prayer clause (a).
    2.	Order dated 9.2.2018 is set aside.
    3.	Suit to be restored to its original file.
    4.	The plaintiff is directed to intimate the defendants about restoration of the suit so that matter can be proceeded further.
    5.	Notice of Motion is disposed of accordingly.
    Matter stands adjourned to 23.02.2022 for compliance.
    Nature Of Disposal: ALLOWED
    Disposal Date: 04-01-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 103709/2018
    Filing Date: 09-03-2018
    First Hearing Date: 17th July 2018
    Decision Date: 04th January 2022
    Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    04 Jan 2022

    Order Details: Notice of Motion Pdf Text: 1 NM 1037/18(Suit-3602/13) IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI NOTICE OF MOTION NO.1037/2018 (CNR NO.MHCC010033832018) IN NOTICE OF MOTION NO. 1470/2014 IN S. C. SUIT NO.3602/2013 Abbas Taherali Ghadiali ..Plaintiff V/s. 1. M/s. Akash Developers 2. Mr. Salim Vali Mohammed Bilakia 3. Nafisa Alibhai .. Defendants. Appearances : Adv. Mr. Kunal Bhanage for plaintiff. None for defendants. Coram : His Honour Judge Shri. A.H.Laddhad CR No. : 03. Date :…

    Read Full Order
    Order 1Full order available
    04 Jan 2022

    Order Details: Notice of Motion Pdf Text: 1 NM 1037/18(Suit-3602/13) IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI NOTICE OF MOTION NO.1037/2018 (CNR NO.MHCC010033832018) IN NOTICE OF MOTION NO. 1470/2014 IN S. C. SUIT NO.3602/2013 Abbas Taherali Ghadiali ..Plaintiff V/s. 1. M/s. Akash Developers 2. Mr. Salim Vali Mohammed Bilakia 3. Nafisa Alibhai .. Defendants. Appearances : Adv. Mr. Kunal Bhanage for plaintiff. None for defendants. Coram : His Honour Judge Shri. A.H.Laddhad CR No. : 03. Date :…

    Read Full Order

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