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NOTICE OF MOTION

Bhagwan Hari Posnak - Suit Stamp No.3383 of 2018VsMrs. Kalyani Balkrishna Kalmundkar

CNR MHCC0100350920183-COURT 03 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 26th February 2021

TrustJury record updated 10 Sept 2026

Case Overview

Registration Number
101087/2018
Registration Date
13 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: 14-03-2018
    Business: Matter adj. for NM Reply to 06.07.2018.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 06-07-2018
    
    Date: 06-07-2018
    Business: Matter adj. for Compliance to 03.09.2018.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 03-09-2018
    
    Date: 03-09-2018
    Business: Matter adj. for Affidavit of Service to 16.10.2018.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 16-10-2018
    
    Date: 16-10-2018
    Business: Matter adj. for Compliance to 21.01.2019.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 21-01-2019
    
    Date: 21-01-2019
    Business: Adv. Gupta for plaintiff present and filed affidavit of service.
    None for defendant.
    Kept back in second session for NM. Later on in second session. Adv. Gupta for plaintiff present. None for defendant. Time extended for writ of summons.
    Matter adj. for Writ of Summons to 12.04.2019.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 12-04-2019
    
    Date: 12-04-2019
    Business: Matter adj. for NM Hearing to 17.07.2019.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 17-07-2019
    
    Date: 17-07-2019
    Business: Plaintiff and defendant present.
    Adv. Abhijit Naik for plaintiff present and tendered reply to NM no. 2681/19. Copy served to other side.
    Adv. Ravikumar Mishra for defendant present and filed VP along with Original NM no. 2681/19. He also filed reply to NM 1087/18. Copy of reply to NM 1087/18 served to plaintiff.
    Vakalatnama on behalf of defendant.
    Matter stands Adj for hearing on NM 2681/19 and 1087/18 to  07.08.19.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 07-08-2019
    
    Date: 07-08-2019
    Business: Adv. Khobaragade for plaintiff present. None present for defendant present. Matter stands Adj for NM hearing to 26.09.19.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 26-09-2019
    
    Date: 26-09-2019
    Business: Adv. Khobragade for plaintiff present.
    defendant present.
    Adv. Dhopade for defendant present.
    Matter stands Adj for NM hearing to 26.11.19.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 26-11-2019
    
    Date: 26-11-2019
    Business: Adv. Khobragade for plaintiff present.
    Adv. R. K. Mishra for defendant present.
    Heard both sides on NM no. 2681/19.
    Matter stands Adj for order on 2681/19 to 03.12.19.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 03-12-2019
    
    Date: 03-12-2019
    Business: Adv. Gayatri for plaintiff present.
    Adv. Dhopat for defendant present.
      FRSR following order is passed below
                                      ORDER
          Notice of Motion no. 2681/19 is hereby allowed and made absolute in following terms-
    1.     The dealy of 85 days in filing WS is hereby condoned subject to defendant paying costs of Rs. 2000/- to the plaintiff/depositing the same in the court within the period of three weeks from today.
    2.    If the above order and directions are complied by defendant within time then the order passed by this court dated 12.04.2019 to proceed with the suit without WS on record shall stands set aside and WS of the defendant can be taken on record.
    3.     Matter may be kept for compliance on next date.
    NM stands disposed of accordingly.
    Matter stands Adj for compliance to 20.12.2019
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 20-12-2019
    
    Date: 20-12-2019
    Business: Adv. Raj Gupta for plaintiff present.
    Adv. R. K. Mishra for defendant present and filed WS.
    Written statement filed on behalf of defendant.
    Matter stands Adj for framing issues to 11.02.2020.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 11-02-2020
    
    Date: 11-02-2020
    Business: The court is on leave
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 27-03-2020
    
    Date: 27-03-2020
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 08-04-2020
    
    Date: 08-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 20-04-2020
    
    Date: 20-04-2020
    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: FRAMING ISSUES
    Next Hearing Date: 30-05-2020
    
    Date: 30-05-2020
    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: FRAMING ISSUES
    Next Hearing Date: 17-06-2020
    
    Date: 17-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 08-10-2020
    
    Date: 08-10-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 06-11-2020
    
    Date: 06-11-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 13-01-2021
    
    Date: 13-01-2021
    Business: None for Plaintiff.
    Advocate Ansari Aiyaz for defendant present.
    KB
    LO at 12.15pm,
    Same appearance.
    KB at 2.00 pm
    LO at 3.45 pm,
    None present.
    Plaintiff to appear before Court on next date for NM hearing.
    The case is adjourned to 11.02.2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-02-2021
    
    Date: 11-02-2021
    Business: Advocate Ms. Manisha Munde h/f adv.Khobragade for plaintiff present.
    KB
    LO at 4.27pm,
    Advocate Ms. Khobragade for plaintiff present and sought time.
    Advocate R.K. Mishra for defendant present.
    The case is adjourned to 22.02.2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-02-2021
    
    Date: 22-02-2021
    Business: Advocate Ms. Khobragade for plaintiff present.
    Advocate Ravikumar Mishra defendant present.
    Partly heard advocate for Plaintiff and defendant.
    The case is adjourned to 23.02.2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-02-2021
    
    Date: 23-02-2021
    Business: Advocate Ms. Khobragade for plaintiff present.
    Advocate Ravikumar Mishra defendant present.
    Heard advocate for defendant and advocate for Plaintiff.
    The case is adjourned to 26.02.2021 for NM order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 26-02-2021
    
    Date: 26-02-2021
    Business: Notice of Motion No.1087/18 is made absolute
    Nature Of Disposal: ALLOWED
    Disposal Date: 26-02-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 103892/2018
    Filing Date: 13-03-2018
    First Hearing Date: 14th March 2018
    Decision Date: 26th February 2021
    Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    26 Feb 2021

    Order Details: Notice of Motion Pdf Text: Notice of Motion No.1087/2018 ..1.. In S.C. Suit No.2077/2018 IN THE CITY CIVIL COURT FOR GREATER BOMBAY AT BOMBAY. NOTICE OF MOTION NO. 1087 OF 2018 IN S.C. SUIT NO. 2077 OF 2018 CNR NO :- MHCC01-003509-2018 Bhagwan Hari Posnak, Residing At : Room No. 1, Baradevi Zopadpatti, Sangh, Adjacent to Baradevi Municipal School, Acharya Donde Marg, Sewri, Mumbai - 400 015. ...Plaintiff Versus Mrs. Kalyani Balkrishna Kalmundkar, Residing At : Adjacent to…

    Read Full Order
    Order 1Full order available
    26 Feb 2021

    Order Details: Notice of Motion Pdf Text: Notice of Motion No.1087/2018 ..1.. In S.C. Suit No.2077/2018 IN THE CITY CIVIL COURT FOR GREATER BOMBAY AT BOMBAY. NOTICE OF MOTION NO. 1087 OF 2018 IN S.C. SUIT NO. 2077 OF 2018 CNR NO :- MHCC01-003509-2018 Bhagwan Hari Posnak, Residing At : Room No. 1, Baradevi Zopadpatti, Sangh, Adjacent to Baradevi Municipal School, Acharya Donde Marg, Sewri, Mumbai - 400 015. ...Plaintiff Versus Mrs. Kalyani Balkrishna Kalmundkar, Residing At : Adjacent to…

    Read Full Order

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