Skip to main content
NOTICE OF MOTION

Dipesh Bansilal ModiVsAshok Arjun Sigwan

CNR MHCC01003574201861-COURT 61 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 18th February 2025

TrustJury record updated 10 Sept 2026

Case Overview

Registration Number
101110/2018
Registration Date
15 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: 21-06-2018
    Reason For Adjournment: court time is over
    Next Purpose: COMPLIANCE
    Next Hearing Date: 07-09-2018
    
    Date: 07-09-2018
    Business: Matter adj. for NM Hearing and Service of writ of summons to 21.11.2018.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 21-11-2018
    
    Date: 21-11-2018
    Business: Court is on half day leave in second session. Hence matter is adjourned.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 20-03-2019
    
    Date: 20-03-2019
    Business: Matter adj. for NM Hearing to 19.07.2019.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 19-07-2019
    
    Date: 19-07-2019
    Business: Adv. Pande for plaintiff present.
    None present for defendant.
    On oral request of plaintiff, Matter stands Adj for NM hearing 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: 27-09-2019
    
    Date: 27-09-2019
    Business: Adv. Pande for plaintiff present.
    Adv. Rekha Mehta for defendant present.
    By consent, Matter stands Adj for NM hearing to 21.11.19.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 21-11-2019
    
    Date: 21-11-2019
    Business: Adv. Dube for plaintiff present.
    None present for defendant.
    Matter stands Adj for NM hearing to 18.01.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-01-2020
    
    Date: 18-01-2020
    Business: Adv. Dubey for plaintiff present.
    None present for defendant.
    Matter stands Adj for NM hearing to 05.03.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-03-2020
    
    Date: 05-03-2020
    Business: Court is busy in dictating order in suit no. 2880/19. Hence, board is discharged.
    Matter stands Adj for hearing on NM to 23.04.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-04-2020
    
    Date: 23-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-05-2020
    
    Date: 14-05-2020
    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: NM FOR HEARING
    Next Hearing Date: 03-06-2020
    
    Date: 03-06-2020
    Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 83 of 2020 matter adjourned.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-06-2020
    
    Date: 20-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-09-2020
    
    Date: 08-09-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-11-2020
    
    Date: 25-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-01-2021
    
    Date: 27-01-2021
    Business: None present.
    The case is adjourned to 17.03.2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-03-2021
    
    Date: 17-03-2021
    Business: None for Plaintiff.
    CA of defendant present.
    Advocate Ms. Shahjahan h/f adv. Asha Mittal for defendant present.
    The case is adjourned to 23.04.2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-04-2021
    
    Date: 23-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-07-2021
    
    Date: 17-07-2021
    Business: Court is vacant
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-09-2021
    
    Date: 29-09-2021
    Business: Matter called out at 3.27 p.m.
    Adv. Gaurav Pande for plaintiff present.
    CA Ashok Raghunath Rokade of Deft. No. 1 and 2 present.
    It appears that defendant though present, but no steps taken to file written statement. Hence, suit to proceed without written statement of the defendants.
    Plaintiff is at liberty to correct the surnames of the defendants forthwith.
    Plaintiff to file exparte evidence.
    Matter stands adjourned to 02.12.2021 for exparte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 02-12-2021
    
    Date: 02-12-2021
    Business: Matter called out at 3.09 p.m.
    Adv. R. A. Dubey for plaintiff present.
    Adv. Sayali Belose for defendant present
    Matter stands adjourned to 31.01.2022 for Issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 31-01-2022
    
    Date: 31-01-2022
    Business: Court is on Leave, Hence Board is Discharged.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 22-03-2022
    
    Date: 22-03-2022
    Business: Adv. R. A. Dubey for plaintiff present.
    None present for defendant.
    Matter stands adjourned to 21.06.2022 for Issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 21-06-2022
    
    Date: 21-06-2022
    Business: Plaintiff in person present.
    Adv. Priya Gupta h/f Adv. Asha Mittal for defendant present.
    Matter stands adjourned to 05.08.2022 for Issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 05-08-2022
    
    Date: 05-08-2022
    Business: Plaintiff a/w Adv. Rajnish Dubey present.
    None present for defendant.
    Matter stands adjourned to 07.10.2022 for Issues.
    Later on at 1.16 p.m.
    Deft a/w Adv. Priya Gupta h/f Adv. Asha Mittal present.
    Already adjourned to 07.10.2022.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 07-10-2022
    
    Date: 07-10-2022
    Business: None present.
    Matter stands adjourned to 20.12.2022 for issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 20-12-2022
    
    Date: 20-12-2022
    Business: Plaintiff a/w Adv. Deepanjali Mishra for present.
    Deft. no.1 a/w Adv. Pradnya Mishra present.
    Matter stands adjourned to 06.02.2023 for hearing on issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 06-02-2023
    
    Date: 06-02-2023
    Business: Court is on Leave.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 12-04-2023
    
    Date: 12-04-2023
    Business: Plaintiff in person present. He tendered draft issues. TOR.
    Defendant in person present.
    Matter stands adjourned on 06.07.2023 for hearing issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 06-07-2023
    
    Date: 06-07-2023
    Business: None for Plaintiff present.
    Adv Priya Gupta for defendant present.
    Draft issues filed by deft. TOR.
    Matter stands adjourned on  20-09-2023 for framing issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 20-09-2023
    
    Date: 20-09-2023
    Business: P.O. is on leave, matter adjourned.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 28-11-2023
    
    Date: 28-11-2023
    Business: None present for Plaintiff.
    Defendant in person present.
    Exhibit 3 Issues are framed.
    ISSUES
    1. Does plaintiff prove that the defendant is illegally occupying the suit premises as trespasser
    2. Is plaintiff entitled for possession of suit premises as claimed
    3.Is plaintiff entitled  for injunction as claimed
    4.Is plaintiff entitled for the mesne profit
    5.What order  and decree
    Matter stands adjourned on 07-02-2024 for R/E.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 07-02-2024
    
    Date: 07-02-2024
    Business: IN THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO. 61
    This court newly formed on 02.01.2024.
    Matter transferred from CR No.
    None for plaintiff.
    Adv. Priya Gupta alongwith defendant in person present.
    KB LO at 3.30 pm.
    None for plaintiff.
    Adv. Priya Gupta alongwith defendant in person present.
    Matter adjourned for NM hearing to 12-03-2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-03-2024
    
    Date: 12-03-2024
    Business: IN THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO. 61
    None for  plaintiff.
    Adv. Priya Gupta alongwith defendant in person present.
    Matter adjourned for NM hearing to 09-05-2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-05-2024
    
    Date: 09-05-2024
    Business: The PO is on leave
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-07-2024
    
    Date: 15-07-2024
    Business: The Court is on Leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-08-2024
    
    Date: 20-08-2024
    Business: IN THE COURT OF H.H.J. R. D. DESHPANDE JUDGE CITY CIVIL COURT C.R. NO. 61
    None for plaintiff.
    Adv. Sadhana Jaiswal h/f Adv. Asha Mittal for defendant is present.
    Kept back.
    Later on, at 4.02 p.m.
    None for plaintiff.
    Adv. Sadhana Jaiswal h/f Adv. Asha Mittal for defendant is present.
    The matter is adjourned for NM hearing to 18.09.2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-09-2024
    
    Date: 18-09-2024
    Business: The Court is on Leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-10-2024
    
    Date: 23-10-2024
    Business: IN THE COURT OF H.H.J. R. D. DESHPANDE JUDGE CITY CIVIL COURT C.R. NO. 61
    Plaintiff is present.
    None for defendant.
    KB. LO at 3.21 pm.
    Plaintiff alongwith his advocate Mayur Faria is present and tendered his VP. TOR at the risk of plaintiff and marked as Exh.04  O- Filed.
    Defendant alongwith his Adv. Sadhana Jaiswal is present.
    Matter adjourned with consent for NM hearing to 06-12-2024.
                                                                                            Judge
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-12-2024
    
    Date: 06-12-2024
    Business: None for plaintiff.
    Defendant is present.
    Matter adjourned for NM hearing to 04.02.2025.
    Later on at 3.22 p.m.
    Plaintiff is present.
    Matter adjourned for NM hearing to 04.02.2025.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-02-2025
    
    Date: 04-02-2025
    Business: IN THE COURT OF H.H.J. R. D. DESHPANDE JUDGE CITY CIVIL COURT C.R. NO. 61
    Adv. Chintan Patel for plaintiff is present.
    Defendant a/w his Adv. Sadhana Jaiswal for defendant is present.
    K. B.
    Later on at 4.10 p. m.
    Adv. Chintan Patel for plaintiff is present.
    Defendant a/w his Adv. Sadhana Jaiswal for defendant is present.
    Heard arguments of both the sides in NM No.1110/2018.
    Matter adjourned for order in NM No. 1110/2018 to 18.02.2025.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 18-02-2025
    
    Date: 18-02-2025
    Business: Adv. Mayur Faria a/w Adv. Parth Bhanushali for plaintiff is present.
    Adv. Sadhna Jaiswal for defendant is present.
    F.R.S.R. following order is passed in NM No.1110/2018-
    ORDER
        1. Notice of Motion is allowed in following terms.
        2. Defendant is temporarily restrained till the decision of the Suit, from parting with possession of the Suit premises or creating any right, title and interest in respect of the Suit premises in any manner till the decision of the Suit.
        3. Costs in the cause.
        4. Accordingly, Notice of Motion No.1110/2018 stands disposed off.
    Matter adjourned for filing draft issues by both the parties to 16.06.2025.
    Later on at 3.55 p.m.
    Defendant a/w his Adv. Sadhna Jaiswal is present.
    Matter adjourned for filing draft issues by both the parties to 16.06.2025.
    Nature Of Disposal: ALLOWED
    Disposal Date: 18-02-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 103854/2018
    Filing Date: 15-03-2018
    First Hearing Date: 21st June 2018
    Decision Date: 18th February 2025
    Court Number And Judge: 61-COURT 61 ADDL  SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    18 Feb 2025

    Order Details: Notice of Motion Pdf Text: N.M.No.1110/2018 Order MHCC010035742018 Presented on : 15.03.2018 Registered on : 15.03.2018 Decided on : 18.02.2025 Duration : 06 11 05 Years Months Days IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY AT BOMBAY NOTICE OF MOTION NO.1110/2018 (CNR NO. MHCC010035742018) IN SHORT CAUSE SUIT NO.444/2018 Dipesh Bansilal Modi Adult, Indian Inhabitant of Mumbai Aged about 33 years, Occupation: Business Residing at 34/36, Dr. N. B. Welkar Street, Kalbadevi Road, Mumbai - 400002.…

    Read Full Order
    Order 1Full order available
    18 Feb 2025

    Order Details: Notice of Motion Pdf Text: N.M.No.1110/2018 Order MHCC010035742018 Presented on : 15.03.2018 Registered on : 15.03.2018 Decided on : 18.02.2025 Duration : 06 11 05 Years Months Days IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY AT BOMBAY NOTICE OF MOTION NO.1110/2018 (CNR NO. MHCC010035742018) IN SHORT CAUSE SUIT NO.444/2018 Dipesh Bansilal Modi Adult, Indian Inhabitant of Mumbai Aged about 33 years, Occupation: Business Residing at 34/36, Dr. N. B. Welkar Street, Kalbadevi Road, Mumbai - 400002.…

    Read Full Order

    TrustJury presents public court-record information for legal discovery and reference. Record availability and detail can vary by source and case.