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NOTICE OF MOTION

Mr. Sanjay Dayaram WaghVsSmt. Suman Dayaram Wagh +2 more

CNR MHCC01003617201863-COURT 63 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
PENDING

TrustJury record updated 10 Sept 2026

Case Overview

Registration Number
101115/2018
Registration Date
16 Mar 2018
Next Hearing Date
22 Sept 2026
Case Stage
CH/S ORDERS

Advocates

2

For Petitioner

For Respondent

    Not available

    Parties

    4

    Petitioner

    1. 1Mr. Sanjay Dayaram Wagh

    Respondent

    1. 1Smt. Suman Dayaram Wagh
    2. 2Mr. Rajendra Dayaram Wagh
    3. 3Mrs. Shital Gajanan Ware

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 03-04-2018
Business: Matter adj. for Mediation Report to 06.07.2018.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 06-07-2018

Date: 06-07-2018
Business: Matter adj. for Compliance and Mediation Report to 10.09.2018.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 10-09-2018

Date: 10-09-2018
Business: Matter adj. for Mediation Report to 16.10.2018.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 16-10-2018

Date: 16-10-2018
Business: Matter adj. for Mediation Report to 18.01.2019.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 18-01-2019

Date: 18-01-2019
Business: Hence matter adj. for Compliance to 24.04.2019.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 24-04-2019

Date: 24-04-2019
Business: List the chamber summons for dismissal order  and Compliance to 11.07.2019.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 11-07-2019

Date: 11-07-2019
Business: Adv. Mr. Ashok Shinde present for Plaintiff.
Adv. Mr. Mahesh Kurkarni present for Defendant No.3.
As the court is busy in dictating judgment in suit No.6986/06. Hence, board is discharged.
Case is adjourned to 09.10.2019 for Compliance.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 09-10-2019

Date: 09-10-2019
Business: Matter called out(4.19pm)
Adv.A.B.Shinde for plaintiff present.
Adv.P.S.Kulkarni for defendant no.3 present.
Heard both the side on N/M No.2706/18.
Matter is adj to 10/10/19 for order on N/M.
Next Purpose: NM  ORDERS
Next Hearing Date: 10-10-2019

Date: 10-10-2019
Business: Matter called out(4.19pm)
Plaintiff and his advocate absent.
Adv.for defendant present.
F.R.S.R following order is passed on N/M No.2706/18
ORDER
1.Notice of Motion No. 2706 of 2018 is hereby made absolute in terms of prayer clause a to c on condition to pay cost of Rs. 2,000/- to be payable by defendant no.3 to the plaintiff.
2.After payment of the aforesaid cost, the Written Statement of the defendant no.3 be taken on record.
3.Notice of Motion No.2706 of 2018 is disposed off accordingly.
Matter is adj to 20/11/19 for compliance
Next Purpose: COMPLIANCE
Next Hearing Date: 20-11-2019

Date: 20-11-2019
Business: Matter called out(4.24pm)
Adv.A.B.Shinde for plaintiff present.
Adv.P.S.Kulkarni for defendant no.3 present.
Defendant no.2 in person present representing to defendant no.1
Plaintiff received the cost.
Matter is adj to 24/01/2020 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 24-01-2020

Date: 24-01-2020
Business: Matter is called out at 4.06pm
Adv.Ashok B. Shinde for plaintiff present.
Adv.P.S.Kulkarni for defendant present.
Plaintiff tendered registered C/S No.43/19.T.O.R
Matter is adj to 26/02/2020 for C/S hearing and N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-02-2020

Date: 26-02-2020
Business: Matter is called out at 3.19pm
Adv.Ashok B.Shinde for plaintiff present.
Adv.Jidnyasa Bagul h/f Adv.S.V.Parkhe for defendant no.1 and 2 present.
Adv.P.S.Kulkarni for defendant no.3 present.
Adv. for defendant no.1 and 2 seeking time. Time granted by way of last chance.
Matter is adj to 03/04/2020 for C/S hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 03-04-2020

Date: 03-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S  HEARING
Next Hearing Date: 17-04-2020

Date: 17-04-2020
Business: NATIONAL LOCKDOWN.
Next Purpose: C/S  HEARING
Next Hearing Date: 28-05-2020

Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S  HEARING
Next Hearing Date: 15-06-2020

Date: 15-06-2020
Business: Due to Covid-19
Next Purpose: C/S  HEARING
Next Hearing Date: 10-08-2020

Date: 10-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S  HEARING
Next Hearing Date: 10-09-2020

Date: 10-09-2020
Business: Due to Covid-19
Next Purpose: C/S  HEARING
Next Hearing Date: 22-10-2020

Date: 22-10-2020
Business: Due to Covid-19 none present.
Next Purpose: C/S  HEARING
Next Hearing Date: 17-12-2020

Date: 17-12-2020
Business: None present.
Matter is adj to 11/02/2021 for C/S hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 11-02-2021

Date: 11-02-2021
Business: Adv Ashok Shinde for plaintiff present. He filed draft C/s along with affidavit in support. Leave is granted to register.
Adv P.S.Kulkarni for defendant present.
Matter adjd for C/s and N.M. hearing on 05/04/2021.
Next Purpose: C/S  HEARING
Next Hearing Date: 05-04-2021

Date: 05-04-2021
Business: None present.
Matter adj for CS hearing on 22.06.2021.
Next Purpose: C/S  HEARING
Next Hearing Date: 22-06-2021

Date: 22-06-2021
Reason For Adjournment: court time is over
Next Purpose: C/S  HEARING
Next Hearing Date: 06-08-2021

Date: 06-08-2021
Reason For Adjournment: court time is over
Next Purpose: C/S  HEARING
Next Hearing Date: 02-09-2021

Date: 02-09-2021
Reason For Adjournment: court time is over
Next Purpose: C/S  HEARING
Next Hearing Date: 06-10-2021

Date: 06-10-2021
Reason For Adjournment: court time is over
Next Purpose: C/S  HEARING
Next Hearing Date: 08-12-2021

Date: 08-12-2021
Business: Advocate Ashok .B Shinde for plaintiff is present.
Advocate P.S Kulkarni for defendant 3 is present.
Advocate Gupta for defendant 2 present and undertake to file Vakalatnama. t.o.r.
Adjourned for CS hearing to 08.02.2022
Next Purpose: C/S  HEARING
Next Hearing Date: 08-02-2022

Date: 08-02-2022
Business: Plff present in person.
Husband of deft. no 3 is present.
Adjourned for CS hearing to 12.04.2022.
Next Purpose: C/S  HEARING
Next Hearing Date: 12-04-2022

Date: 12-04-2022
Next Purpose: C/S  HEARING
Next Hearing Date: 23-06-2022

Date: 23-06-2022
Business: Adjourned for C/S Hearing to 02/08/2022.
Next Purpose: C/S  HEARING
Next Hearing Date: 02-08-2022

Date: 02-08-2022
Business: Court is vacant.
Next Purpose: C/S  HEARING
Next Hearing Date: 19-09-2022

Date: 19-09-2022
Business: Court is vacant.
Next Purpose: C/S  HEARING
Next Hearing Date: 17-11-2022

Date: 17-11-2022
Next Purpose: C/S  HEARING
Next Hearing Date: 02-01-2023

Date: 02-01-2023
Business: Court is Vacant.
Next Purpose: C/S  HEARING
Next Hearing Date: 15-02-2023

Date: 15-02-2023
Next Purpose: C/S  HEARING
Next Hearing Date: 27-03-2023

Date: 27-03-2023
Business: Adv. A. B. Shinde for plaintiff present. Plaintiff is also present.
Defendant No. 2 present. His advocate absent.
K.B.
L.O.
Same appearance.
Defendant No.2 tendered application for adjournment.
O-Granted
Matter is adjd.to 02-05-2023 for CS hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 02-05-2023

Date: 02-05-2023
Business: Court is on leave
Next Purpose: C/S  HEARING
Next Hearing Date: 21-06-2023

Date: 21-06-2023
Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
Adv. Ashok Shinde present for plaintiff.
Adv. Anthony Breganza present for defendant no.02.
Plaintiff and defendant no.02 are present.
Matter is adjd. for C/S hearing to 08.08.2023.
Next Purpose: C/S  HEARING
Next Hearing Date: 08-08-2023

Date: 08-08-2023
Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
Adv. Ashwini Borse present for plaintiff.
Adv. Breganza present for defendant no.02 and filed draft Notice of Motion alongwith affidavit in support. t.o.r. O- Leave to register is granted. Copy of draft Notice of Motion is served on adv. for plaintiff.
Adv. for defendant no.02 also filed reply affidavit to CS no.418/2021. t.o.r. Copy is served on adv. for plaintiff.
Adv. P. S. Kulkarni present for defendant no.03.
Defendant no.03 failed to file reply to CS no.418/2021. Hence, Chamber Summons to proceed without reply of defendant no.03.
Heard adv. for plaintiff and adv. for defendant no.02 and 03 on CS no.418/2021 taken for deleting name of defendant no.01 as she expired on 07.11.2020. Suit is filed for partition. No names of legal heirs are required to brought on record as they are already on record. There is no delay in moving the Chamber Summons in view of order of Hon’ble Supreme Court in SMW(c) no.03/2020. Hence, following order is passed:
Order:
1) CS no.418/2021 is allowed in terms or prayer clause (a) to (c).
2 ) Plaintiff is allowed to delete name of defendant no.01 and to carry out necessary amendment in plaint as per schedule of Chamber Summons within limitation and to serve copy of amended plaint on defendants within reasonable time.
3) CS no.418/2021 is disposed off accordingly.
Matter is adjd. for compliance and reply to 25.09.2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 25-09-2023

Date: 25-09-2023
Business: Adv. Ashwini Borse present for plaintiff.
None present for defendant.
Advocate for plaintiff submitted that order dated 08.08.2023 is complied by carrying amendment in plaint. She filed reply to NM taken by defendant on last date reply is taken on record. Adv of defendant has not filed register NM taken on last date.
Plaintiff  and Defendant no.2 are present.
Matter is adjd. for NM hearing to 26.10.2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 26-10-2023

Date: 26-10-2023
Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
Adv. A B Shinde present for plaintiff.
Adv. Anthony Braganza present for defendant no.02 and filed registered Notice of Motion no.3024/2023 alongwith affidavit in support. t.o.r.
Adv. for plaintiff already filed reply.
Matter is adjd. for NM hearing to 08.12.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-12-2023

Date: 08-12-2023
Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
Adv. Ashiwini Borse present for plaintiff.
Adv. Anthony Breganza present for defendant no.02.
Adv. P. S. Kulkarni present for defendant no.03.
KB for hearing.
Heard argument of adv. for defendant no.02 and adv. for plaintiff on Notice of Motion no.3024/2023.
Matter is adjd. for NM Order to 09.01.2024.
Next Purpose: NM  ORDERS
Next Hearing Date: 09-01-2024

Date: 09-01-2024
Business: CORAM : H.H.J. SHRI A. K. KALE (C.R.NO.63)
Adv. Ashwini Borse present for plaintiff.
Adv. Anthony Braganza present for defendan no.02.
Plaintiff and defendant no.02 are present.
Matter is adjd. for NM hearing to 07.02.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-02-2024

Date: 07-02-2024
Business: (Matter received from C.R.63)
Advocate Ashwini Borse present for plaintiff.
Advocate Anthony Braganza present for defendant no.02.
Plaintiff, Son of Defendant no.2 and husband of Defendant No.3 are present.
Argument on NM No.3024/2023 is already heard. Hence, matter is adjourned on Order of NM.
Matter adjourned to 12.02.2024 for NM order.
Next Purpose: NM  ORDERS
Next Hearing Date: 12-02-2024

Date: 12-02-2024
Business: Advocate Ashwini Borse present for plaintiff is present.
Advocate Anthony Braganza present for defendant no.02 is present.
Plaintiff, Son of Defendant no.2 and husband of Defendant No.3 are present.
For the reasons separately recorded, following order is passed-
ORDER
Notice of Motion No.3024/2023 is dismissed and accordingly disposed off.
As the matter was transferred for passing order on NM only and the order is passed today, hence R and P be sent to C.R. No.63 and in CIS matter be transferred to C.R. No.63.
Matter adjourned to 04.03.2024 for Ch/s hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 04-03-2024

Date: 04-03-2024
Business: CORAM : H.H.J. SHRI A. K. KALE (C.R.NO.63)
Adv. Ashwini Borse present for plaintiff.
Adv. Anthony Braganza present for defendant no.02 and filed draft Notice of Motion alongwith affidavit in support. Taken on record. O- Leave to register is granted. Copy is already served to otherside.
Plaintiff and Defendant no.03 are present. Copy of draft Notice of Motion served to defendant no.03.
Matter is adjd. for NM reply to 26.04.2024.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-04-2024

Date: 26-04-2024
Business: CORAM : H.H.J. SHRI A. K. KALE (C.R.NO.63)
Adv. Ashwini Borse present for plaintiff and filed reply to Notice of Motion no.1169/2024. Taken on record.
Adv. Anthony Braganza present for defendant no.02 and filed registered Notice of Motion no.1169/2024 alongwith affidavit in support. Taken on record. Copy is served to otherside.
Matter is adjd. for NM hearing to 11.07.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-07-2024

Date: 11-07-2024
Business: CORAM : H.H.J. SHRI A. K. KALE (C.R.NO.63)
None present for plaintiff.
Adv. Anthony Breganza present for defendant no.02.
Matter is adjd. for NM hearing to 22.08.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-08-2024

Date: 22-08-2024
Business: CORAM : H.H.J. SHRI A. K. KALE (C.R.NO.63)
Adv. Ashwini Borse present for plaintiff.
Adv. Anthony Braganza present for defendant no.02.
Plaintiff is present.
Matter is adjd. for NM hearing to 09.10.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-09-2024

Date: 18-09-2024
Business: CORAM : H.H.J. SHRI A. K. KALE (C.R.NO.63)
NOB. TOB.
Considering the nature of suit the matter is necessary to be referred to Lok Adalat.
Matter is referred to Lok Adalat dtd.28.09.2024.
Issue notice to the parties.
Matter is adjd. for Lok Adalat to 28.09.2024.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 28-09-2024

Date: 28-09-2024
Business: NATIONAL LOK-ADALAT HELD ON 28.09.2024 (Panel-6)
Matter pertains to C.R. No. 63
None present for plaintiff.
None present for defendant.
Parties are absent.
Matter not settled in Lok Adalat. Matter sent back to regular court at same stage before reference to Lok Adalat.
Matter adjd to 09.10.2024
  Adv. Aarif Ali Musharraf Ali                         HHJ. Prashant C. Kale
        Panel Member                                                        Panel Head
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-10-2024

Date: 09-10-2024
Business: PO is on leave. Adjourned to.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-11-2024

Date: 12-11-2024
Business: P.O. is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-12-2024

Date: 11-12-2024
Business: P. O. is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-01-2025

Date: 28-01-2025
Business: P. O. is on Leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-03-2025

Date: 05-03-2025
Business: CORAM : H.H.J. SHRI A. K. KALE (C.R.NO.63)
Adv. Ashwini Borse present for plaintiff..
Adv. Anthony Braganza present for defendant no.02.
Plaintiff is present.
Defendant no.03 is present.
Matter is adjd. for NM hearing to 18.03.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-03-2025

Date: 18-03-2025
Business: CORAM : H.H.J. SHRI A. K. KALE (C.R.NO.63)
Adv. Ashvini Borse present for plaintiff.
Adv. Breganza present for defendant no.02.
Plaintiff is present.
Defendant no.02 is present.
Power of Attorney of defendant no.03 is present.
Matter is adjd. for NM hearing to 13.06.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-06-2025

Date: 13-06-2025
Business: CORAM : H.H.J. SHRI Chandrakant S. Datir (C.R.NO.63)
Adv. Ashok Shinde present for plaintiff.
Adv. Anthony Braganza present for defendant no.02.
Plaintiff is present.
Defendant nos.02 and 03 are present.
Heard both sides on the Notice of Motion no.1169/2024.
Matter is adjd. for NM order to 14.07.2025.
Next Purpose: NM  ORDERS
Next Hearing Date: 14-07-2025

Date: 14-07-2025
Business: Court is on leave
Next Purpose: NM  ORDERS
Next Hearing Date: 18-07-2025

Date: 18-07-2025
Business: CORAM : H.H.J. SHRI Chandrakant S. Datir (C.R.NO.63)
Adv. Anthony Braganza present for defendant no.02.
Plaintiff is present.
Court was busy in hearing high court time bound matter suit no.8253 of 1996 hence, matter is adjourned for order on Notice of Motion no.1169 of 2024.
Matter is adjd. for NM order to 29.07.2025.
Next Purpose: NM  ORDERS
Next Hearing Date: 29-07-2025

Date: 29-07-2025
Business: CORAM : H.H.J. SHRI Chandrakant S. Datir (C.R.NO.63)
Adv. Mohit Jain present for plaintiff.
Adv. Anthony present for defendant no 2.
Plaintiff is present.
Defendant no. 2 is present.
F. R.S.R. following order is passed on:
Order:
Notice of Motion No.1169 of 2024 stands dismissed and accordingly, it is finally disposed off.
Matter is adjourned for other Notice of Motions hearing.
Matter is adjd. for NM hearing to 09.09.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-09-2025

Date: 09-09-2025
Business: Plaintiff with his Advocate Ashwini Borse present.
Advocate Bregenza present for defendant No.2.
Matter is adjd to 13.11.2025 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-11-2025

Date: 13-11-2025
Business: Advocate Shinde present for plaintiff.
Defendant No.3 is present.
Advocate Brigenza present for defendant No.2, make statement that he would not create thrid party interest so far NM No.3881/174 is concern.
Heard arguments of both the parties on NM No.3881/2017.
For reason separately recorded following order is passed.
ORDER
1. 	Notice of Motion No. 3881 of 2017 is allowed.
2. 	The defendants are hereby restrained from creating third
          party 	interest to anybody by any means till final
          judgment.
3. 	Notice of Motion No.3881 of 2017 is disposed off,
          accordingly.
Matter is adjd to 29.01.2026 for Ch/s Hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 29-01-2026

Date: 29-01-2026
Business: Advocate Ashok Shinde present for plaintiff.
CA of defendant No.3 present.
Matter is adjd to 30.03.2026 for Ch/s Hearing.
Later on at 3.20 p.m.
Advocate Anthony Braganza present for defendant No.2.
Matter is adjd to 30.03.2026 for Ch/s Hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 30-03-2026

Date: 30-03-2026
Business: Adv. Ashwini Borse present for plaintiff.
Adv. Braganza present for defendant no.2.
Plaintiff present.
Matter is adjd. for C/S Hearing to 10.07.2026.
Next Purpose: C/S  HEARING
Next Hearing Date: 10-07-2026

Date: 10-07-2026
Business: Advocate Ashwini Borse present for plaintiff.
Advocate Arthoay Breganza present for defendant No.2
Kept back
Later on at 3.20 p.m.
Plaintiff present.
Advocate Ashwini Borse present for plaintiff.
POA of defendant No.3 present.
Advocate Arthoay Breganza present for defendant No.2
Heard arguments of both the parties on Ch/s No.43/2019.
Matter is adjd. for Ch/s Order to 06.08.2026
Next Purpose: CH/S ORDERS
Next Hearing Date: 06-08-2026

Date: 06-08-2026
Business: P.O.IS ON TRAINING
Next Purpose: CH/S ORDERS
Next Hearing Date: 04-09-2026

Date: 04-09-2026
Business: P.O.IS ON LEAVE
Next Purpose: CH/S ORDERS
Next Hearing Date: 22-09-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 104003/2018
Filing Date: 16-03-2018
First Hearing Date: 03rd April 2018
Court Number And Judge: 63-COURT 63 ADDL SESSIONS JUDGE

    Orders

    0

    No order text is available in this record.

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