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NOTICE OF MOTION

Sanjay Magraj JainVsNileshkumar Kantilal Shah

CNR MHCC01003406201813-COURT 13 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 14th March 2022

TrustJury record updated 10 Sept 2026

Case Overview

Registration Number
101047/2018
Registration Date
12 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: 24-04-2018
    Business: Defendant present.
    None for plaintiff
    L.O. Adv. Raut for plaintiff present requested for time.
    Matter is adjd to 14/08/2018
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 14-08-2018
    
    Date: 14-08-2018
    Business: Court is vacant.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 01-11-2018
    
    Date: 01-11-2018
    Business: Court is vacant.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 12-02-2019
    
    Date: 12-02-2019
    Business: Both the parties absent.
    None of the representatives of parties present.
    Adjd for SJ hearing to 17/06/19
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 17-06-2019
    
    Date: 17-06-2019
    Business: Adv. Kothari for plaintiff present.
    Adv. Rujuta R. Lokare for defendant present.
    Adv. Kothari for plaintiff filed reply to Notice of Motion No. 1047/18 t.o.r.
    Adjd for SJ hearing to 07/08/2019.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 07-08-2019
    
    Date: 07-08-2019
    Business: P.O is on training programme hence board is adjourned.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 17-10-2019
    
    Date: 17-10-2019
    Business: Adv. Kirtika Kothari for plaintiff present.
    Adv. Rujuta Lokare for defendant present.
    Adjd for SJ hearing to 20/01/2020
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 20-01-2020
    
    Date: 20-01-2020
    Business: Adv. Ms. Kothari or plaintiff present.
    Adv. Ms. Lokare for defendant present and filed NM No. 1047/18. The notice of motion is registered on 12.03.2018 the defendant   has taken almost two years to tender the registered NM in the court. The registration department of the court is in the same building. The said delay of two years only to tender the registered NM is nothing but to prolong the hearing of the suit. Hence defendant to deposit the cost of Rs. 1000/- (One Thousand only) at District legal Services Authority then only the Notice of Motion earing No. 1047/18 will be taken on record failing which it will stand dismissed.
    Adjd for compliance/NM hearing to 20/02/2020.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 20-02-2020
    
    Date: 20-02-2020
    Business: Adv. Kirtika Kothari for plaintiff present.
    Adv. Rujuta Lokare for defendant present.
    Adv. for defendant stated that she is paying the cost to District legal services authority today.
    Adjd for compliance to 27/03/2020.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 27-03-2020
    
    Date: 27-03-2020
    Next Purpose: COMPLIANCE
    Next Hearing Date: 08-04-2020
    
    Date: 08-04-2020
    Next Purpose: COMPLIANCE
    Next Hearing Date: 20-04-2020
    
    Date: 20-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: COMPLIANCE
    Next Hearing Date: 11-05-2020
    
    Date: 11-05-2020
    Business: National Lock Down
    Next Purpose: COMPLIANCE
    Next Hearing Date: 30-05-2020
    
    Date: 30-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: COMPLIANCE
    Next Hearing Date: 17-06-2020
    
    Date: 17-06-2020
    Business: As per the directions the suit is not covered under office order No. 84 of 2020 dt. 05.06.2020. Hence adjourned.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 29-08-2020
    
    Date: 29-08-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: COMPLIANCE
    Next Hearing Date: 10-11-2020
    
    Date: 10-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: COMPLIANCE
    Next Hearing Date: 29-01-2021
    
    Date: 29-01-2021
    Business: None present.
    Today matter is for compliance.
    The Hon''ble High Court directed as per clause 4 of SOP dt. 27/11/2020 under the title of Judicial and Administrative work not to pass any adverse order owing to the absence of the advocates, parties, witnesses or accused persons.
    Matter adjd for NM hearing to 06-03-2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-03-2021
    
    Date: 06-03-2021
    Business: None for plaintiff.
    Adv. Rujuta Lokare for defendant present.
    KB L.O. at 3.09 pm
    Heard Ld adv for defendant.
    Matter adjd for NM hearing by plaintiff to 03-04-2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-04-2021
    
    Date: 03-04-2021
    Business: None present.
    Matter adjd for NM hearing to 21-06-2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-06-2021
    
    Date: 21-06-2021
    Business: P.O. is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-08-2021
    
    Date: 12-08-2021
    Business: Adv. Kritika Kothari for plaintiff present.
    None for defendant.
    Matter adjd for NM hearing as a last chance for defendant to 05-10-2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-10-2021
    
    Date: 05-10-2021
    Business: None for plaintiff.
    Defendant present.
    Matter adjd for NM hearing to 25.11.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-11-2021
    
    Date: 05-10-2021
    Business: None for plaintiff.
    Defendant present.
    Matter adjd for NM hearing to 25.11.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-11-2021
    
    Date: 05-10-2021
    Business: None for plaintiff.
    Defendant present.
    Matter adjd for NM hearing to 25.11.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-11-2021
    
    Date: 25-11-2021
    Business: P. O. is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-01-2022
    
    Date: 20-01-2022
    Business: The P. O. is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-03-2022
    
    Date: 07-03-2022
    Business: Adv. Krutika Kothari for plaintiff present.
    None present for defendant.
    Kb.
    Later on at 3.38 pm.
    Heard Learned advocate for plaintiff on NM No.1047/18. The defendant failed to argue on Motion and hence matter to proceed further without argument of defendant.
    Matter Adjd for NM Order on 14/03/2022.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 14-03-2022
    
    Date: 14-03-2022
    Business: None present.
    F.R.S.R. following order in Notice of Motion No.1047 of 2018 in Summary Suit no.265 of 2015 is passed-
    ORDER
    1. The Notice of Motion No.1047 of 2018 is allowed.
    2. The delay in reply to summons for judgement is condoned.
    3. The defendant shall file reply to summons for judgement on next date.
    Matter Adjd for filing reply to SJ on 29/04/2022.
    Nature Of Disposal: ALLOWED
    Disposal Date: 14-03-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 103728/2018
    Filing Date: 12-03-2018
    First Hearing Date: 24th April 2018
    Decision Date: 14th March 2022
    Court Number And Judge: 13-COURT 13 ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    14 Mar 2022

    Order Details: Notice of Motion Pdf Text: MHCC010034062018 CNR NO. MHCC010034062018 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY NOTICE OF MOTION NO.1047 OF 2018 IN SUMMARY SUIT NO.265 OF 2015 Mr. Nileshkumar Kantilal Shah .. Applicant (Orig. Defendant) IN THE MATTER BETWEEN Mr. Sanjay Magraj Jain … Plaintiff V/s. Mr. Nileshkumar Kantilal Shah ... Defendant Appearances : Ld. Adv. Kritika Kothari for plaintiff. Ld. Adv. Rutuja Lokare for defendant. CORAM : HIS HONOUR JUDGE SMT. R.K. KSHIRSAGAR (C.R.No.13) DATED…

    Read Full Order
    Order 1Full order available
    14 Mar 2022

    Order Details: Notice of Motion Pdf Text: MHCC010034062018 CNR NO. MHCC010034062018 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY NOTICE OF MOTION NO.1047 OF 2018 IN SUMMARY SUIT NO.265 OF 2015 Mr. Nileshkumar Kantilal Shah .. Applicant (Orig. Defendant) IN THE MATTER BETWEEN Mr. Sanjay Magraj Jain … Plaintiff V/s. Mr. Nileshkumar Kantilal Shah ... Defendant Appearances : Ld. Adv. Kritika Kothari for plaintiff. Ld. Adv. Rutuja Lokare for defendant. CORAM : HIS HONOUR JUDGE SMT. R.K. KSHIRSAGAR (C.R.No.13) DATED…

    Read Full Order

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