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NOTICE OF MOTION

Vithal VarakVsSmita Pednekar

CNR MHCC01003485201840-COURT 40 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--ALLOWED
Decision Date: 23rd November 2019

TrustJury record updated 10 Sept 2026

Case Overview

Registration Number
101077/2018
Registration Date
13 Mar 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Petitioner

    1. 1Vithal Varak

    Respondent

    1. 1Smita Pednekar

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 20-06-2018
    Business: Adv. Nirmal Gopal for Plaintiff present.
    Adv. Alfiya for Defendant present.
    Advocate for plaintiff tendered the registered Notice of Motion no.1077/18 alongwith affidavit, TOR.
    Matter is adjd. to 12/07/2018 for N/M Reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 12-07-2018
    
    Date: 12-07-2018
    Business: Plaintiff present.
    Advocate for plaintiff absent.
    Adv. Kothari  for Defendant present and filed reply to N/M, TOR.
    Matter is adjd. to 06/08/2018 for Hearing on N/M.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-08-2018
    
    Date: 06-08-2018
    Business: Adv. Nirmala Gopal for Plaintiff present.
    None for Defendant.
    Heard the argument of advocate for plaintiff.
    Matter is adjd. to 30/08/2018 for Hearing on N/M of defendant\''s advocate.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-08-2018
    
    Date: 30-08-2018
    Business: Plaintiff present.
    Adv. for Plaintiff absent.
    None for Defendant
    Matter is adjd. to 24/09/2018 for N/M hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-09-2018
    
    Date: 24-09-2018
    Business: None for Plaintiff
    None for Defendant
    Matter is adjd. to 19/10/2018 for N/M hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-10-2018
    
    Date: 19-10-2018
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-10-2018
    
    Date: 30-10-2018
    Business: Plaintiff present.
    Adv. for Plaintiff absent.
    None for Defendant
    Matter is adjd. to 03/12/2018 for Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-12-2018
    
    Date: 03-12-2018
    Business: Plaintiff present.
    Adv for Plaintiff absent.
    None for Defendant.
    Plaintiff has submitted that his advocate is unable to attend the court today due to some difficulty hence case is adjourn on the the oral request of the plaintiff.
    Matter is adjd. to 09/01/2019 for N/M hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-01-2019
    
    Date: 09-01-2019
    Business: Plaintiff present.
    Adv. Neelam Gaikwad for Plaintiff present.
    Adv. Kumar Kothari for Defendant present.
    Heard the argument of both the sides on N/M no.1077/18
    Matter is adjd. to 22/01/2019 for N/M Order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 22-01-2019
    
    Date: 22-01-2019
    Business: Adv. for Plaintiff absent.
    None  for Defendant.
    Court is busy in dictating the order in Notice of Motion no.1578/16, 1580/16 and 267/18 so also in Judgment matter hence due to paucity of time,
    Matter is adjd. to 07/02/2019 for N/M order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 07-02-2019
    
    Date: 07-02-2019
    Business: Adv. Neelam Gaikwad for Plaintiff present.
    None for Defendant.
    Steno is on leave, no alternative steno is available today. Hence
    Matter is adjd. to 15/02/2019 for N/M order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 15-02-2019
    
    Date: 15-02-2019
    Business: Adv. for Plaintiff absent.
    None for Defendant.
    Court is busy in recording the evidence in old matter ie. 4797/08 and 6313/06 hence, due to paucity of time,
    Matter is adjd. to 05/03/2019 for order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 05-03-2019
    
    Date: 05-03-2019
    Business: Adv. Neelam Gaikwad for plaintiff present.
    Adv.  for Defendant
    Court is busy in dictating Judgment in Su no.3675/10 and other order matters hence due to paucity of time,
    Matter is adjd. to 18/03/2019 for N/M order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 18-03-2019
    
    Date: 18-03-2019
    Business: None present
    Matter is adjd. to 11/04/2019  for N/M Hearing
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-04-2019
    
    Date: 11-04-2019
    Business: Adv for plaintiff Mrs.Nirmala present
    None for the defendant.
    Heard Argument of Adv for plaintiff on N/M
    Matter is Adjd for Further Argument on N/M to
    29/06/2019
    Next Purpose: ARGUMENT P.H.
    Next Hearing Date: 29-06-2019
    
    Date: 29-06-2019
    Business: Court is on leave, Board is discharged
    Next Purpose: ARGUMENT P.H.
    Next Hearing Date: 29-07-2019
    
    Date: 29-07-2019
    Business: matter is adjourned
    Next Purpose: ARGUMENT P.H.
    Next Hearing Date: 22-08-2019
    
    Date: 22-08-2019
    Business: Adv. Jayvardhan for plaintiff present.
    None for defendant present.
    Matter adjd for Ex-parte evidence to 18.10.2019.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 18-10-2019
    
    Date: 18-10-2019
    Business: already adjd
    Next Purpose: ARGUMENTS
    Next Hearing Date: 19-11-2019
    
    Date: 19-11-2019
    Business: Adv. Nirmala Gopal for plaintiff present.
    Adv. for defendant absent.
    Heard Ld./Adv. for plff.
    Matter adjourned for Argument of deft. to 23/11/2019.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 23-11-2019
    
    Date: 23-11-2019
    Business: Plaintiff present. Adv. Nirmala Gopal for plaintiff present. Deft and his adv. absent. Though the matter is posted for deft., he has chosen to remain absent. Therefore N/M is taken for in 2nd Session. F.R.S.R. Following order is passed. Order 1.Notice of Motion No. 1077/2018 is allowed subject to cost of Rs. 2000/- to be paid by plaintiff to defendant on or before next date. 2.On depositing of cost, the Summons for Judgment shall stand restored to its file and scheduled on the date of Suit No. 1276 of 2013. 3.Notice of Motion No. 1077 of 2018 is accordingly disposed of. Matter adj for Compliance to 28/01/2020.
    Nature Of Disposal: ALLOWED
    Disposal Date: 23-11-2019

    Additional Case Details

    Additional Case Details
    Filing Number: 103756/2018
    Filing Date: 13-03-2018
    First Hearing Date: 20th June 2018
    Decision Date: 23rd November 2019
    Court Number And Judge: 40-COURT 40 ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    23 Nov 2019

    Order Details: Notice of Motion Pdf Text: 1 Notice of Motion No 1077/18 in Summary Suit No.1276/2013 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY NOTICE OF MOTION NO. 1077 of 2018 IN SUMMONS FOR JUDGMENT NO.186 OF 2015 IN SUMMARY SUIT NO.1276 OF 2013 Vithal Varak R/a: Block No.211, S.B.I.Staff colony, Laxman Raheja Marg, Malad (W), Mumbai400 097. … Plaintiff Vs Smita Y. Pednekar R/a: c/o: Bhagyalaxmi Kanade, Room No.11, 1st floor, Old Ganjawala Chawl, Belasis Bridge Road, Opposite…

    Read Full Order
    Order 1Full order available
    23 Nov 2019

    Order Details: Notice of Motion Pdf Text: 1 Notice of Motion No 1077/18 in Summary Suit No.1276/2013 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY NOTICE OF MOTION NO. 1077 of 2018 IN SUMMONS FOR JUDGMENT NO.186 OF 2015 IN SUMMARY SUIT NO.1276 OF 2013 Vithal Varak R/a: Block No.211, S.B.I.Staff colony, Laxman Raheja Marg, Malad (W), Mumbai400 097. … Plaintiff Vs Smita Y. Pednekar R/a: c/o: Bhagyalaxmi Kanade, Room No.11, 1st floor, Old Ganjawala Chawl, Belasis Bridge Road, Opposite…

    Read Full Order

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