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NOTICE OF MOTION

Sohan Singh s/o. Tehal Singh SaraiVsBharat Petroleum Corporation Ltd. +2 more

CNR MHCC0100364420189-COURT 09 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--ABATED
Decision Date: 08th January 2020

TrustJury record updated 10 Sept 2026

Case Overview

Registration Number
101124/2018
Registration Date
16 Mar 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    4

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 31-03-2018
    Reason For Adjournment: court time is over
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 26-04-2018
    
    Date: 26-04-2018
    Reason For Adjournment: court time is over
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 11-07-2018
    
    Date: 11-07-2018
    Reason For Adjournment: court time is over
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 05-09-2018
    
    Date: 05-09-2018
    Business: Adv. Avinash Kongo for plff. present.
    Adv. for S.R.Page. D/1 and 2 present.
    Adv. Ramesh Jadhav for D/3 present.
    Service affd. filed by adv. for plff. t.o.r
    V/P filed by Adv. Mr.S.R. Page for D/1 and 2 t.o.r
    Matter is adjd. to 17.09.2018 for reply on  N/M No.1124/18
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-09-2018
    
    Date: 17-09-2018
    Business: Adv. for plff present.
    Adv. for D/1and2 present.
    Adv. for D/3 present and D/3 also present.
    Adv.Ramesh Jadhav for D/1 and 2 filed Affidavit in reply to N.M no. 1124/18. t.o.r.
    On request of adv of plff, Matter is adjd. to 23.10.18. for rejoinder hearing or N.M.
    Next Purpose: REJOINDER
    Next Hearing Date: 23-10-2018
    
    Date: 23-10-2018
    Business: plff. and his adv. absent.
    deft. and his adv. absent.
    kb at 2.45
    L.O. at 2.55 p.m
    Adv. for plff. present.
    Adv. for D/1 and 2 present
    Adv. for D/3 present.
    Adv. for D/1 and 2 filed draft NM alongwith affidavit and sought to register it. TOR. Leave granted to register it.
    Copy supplied to adv. of plff.
    Adv. for D/1 and 2filed reply to N/M No. 1124/18
    Adv. for D/3 filed reply to N/M No. 1124/18
    Matter is adjd. to. 31.10.2018 for hearing on N/M No. 1124/18 and reply to Draft N/M.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 31-10-2018
    
    Date: 31-10-2018
    Business: Adv. Kangane for plff. present.
    Adv. for D/1 and 2 present.
    Adv. for D/1 and 2 filed registered N/M No. 4064/18 alongwith supporting affd.
    kb
    L.O. at 5.10 p.m
    Same appearance
    Adv. for plff. tendered written submission on N/M No. 1124/18 along with ciatiation.
    Copy supplied adv. of defts.
    Matter is adjd. to. 17.11.2018 for hearing on N/M No. 1124/18 and reply to 4064/18.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-11-2018
    
    Date: 17-11-2018
    Business: Matter is adjd. to. 27.11.2018 for hearing on N/M No.1124/18
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-11-2018
    
    Date: 27-11-2018
    Business: plff. and his adv. absent.
    Adv. for D/3 present.
    K.B.
    l.o at. 3.45pm
    Adv. of D/1and 2 present.
    Heard the ld of the deft partly of N.M. In the course of hearing the ld adv of the plft has submitted that he is for the present pray cause (c) of N.M. only and will preays the other prayer after decision on prayer clause (c). In view of the, Matter is adjd. to.04.12.2018 for hearing on prayer cause (c) only.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-12-2018
    
    Date: 04-12-2018
    Business: Adv. for plff. present.
    Adv. for D/1 and 2 present.
    Adv. for D/3 present.
    On request of Adv. for D/1 and 2 Matter is adjd. to.  07.12.2018 for hearing on N/M No. 1124/18
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-12-2018
    
    Date: 07-12-2018
    Business: Adv. for plff. present.
    Adv. for D/1 and 2 present.
    Court is busy in argument in old Suit No.50/91 and deal with other old matters. Hence, Matter is adjd. to. 13.12.2018 for Hearing on N/M No.1124/18.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-12-2018
    
    Date: 13-12-2018
    Business: Adv. for plff. present.
    Adv. for D/1 and 2 present.
    Adv. for D/3 present.
    The Ld. adv. for plff. has endorse that the plffs are not prasing prayer clause (a) and (b) of the NM at present and accordingly,  the N/M is disposed off in respect of prayer clause (a) and (b) not prased with liberty to take out N/M for those relief after decision on prayer clause (c).
    Heard argument of plff. and partly heard of D/1,2 and 3.
    Matter is adjd. to. 20.12.2018  for further submission of D/1,2 and 3 hearing on N/M No.1124/18
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-12-2018
    
    Date: 20-12-2018
    Business: Adv. for plff. present.
    Adv. for D/1 and 2 present.
    Adv. for D/3 present.
    On request of Adv. for D/3 Matter is adjd. to. 05.01.2019 for hearing his submission of D/3 on N/M No.1124/18.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-01-2019
    
    Date: 05-01-2019
    Business: Adv. for plff. present.
    Adv. for D/1 and 2 present.
    D/3 in person present along with Adv. Nilam Gaikwad for D/3 present.
    Adv. for plff. has filed application along with list of 3 documents out of which Sr.No.2 and 3 appear to be xerox copy though plff. has mentioned in the list that they are original t.o.r
    Copies of  Exh.8 and  Exh.9 are supplied to adv. the D/1 and 2 and D/3
    Adv. for plff. has also file list of ciatations. t.o.r
    Copy supplied to the other side.
    Matter is adjd. to. 10.01.2019 for Say on Exh.8 and hearing submissions of D/3 on the N/M at 4.30 p.m
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-01-2019
    
    Date: 10-01-2019
    Business: plff. and his adv. absent.
    deft. and his adv. absent.
    kb at 2.45 p.m
    L.O. at 3.50 p.m
    Adv. for plff. present.
    Adv. for D/3 present and has filed list of documents in support of N/M No.1124/18 along with pendrive marked as Article-1.
    Copy served to other side.
    Matter is adjd. to. 17.01.2019 for hearing Exh.8 and hearing on N/M No.1124/18
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-01-2019
    
    Date: 17-01-2019
    Business: Adv for plff. present and has filed affd in reply to D/3 application Exh.10. t.o.r
    Adv. for D/1 and 3 present.
    Adv. for D/3 present.
    On request of Adv. for D/3 Matter is adjd. to. 28.01.2019 for hearing Exh10 and hearing on N/M No.1124/18
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-01-2019
    
    Date: 28-01-2019
    Business: As Court is on leave, Board is discharge, Matter is adjd to. 14.02.2019
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-02-2019
    
    Date: 14-02-2019
    Business: Adv. Avinash Kango for plff. present and has filed application t.o.r
    Adv. for D/2 present.
    Adv. for D/3 present.
    As court is busy in administrative work By consent matter adjd. to. 28.02.2019 for hearing on N/M No.1124/18.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-02-2019
    
    Date: 28-02-2019
    Business: Adv. for plff. present.
    Adv. for D/1,2 and 3 present.
    As court is busy in administrative work and order matter,  Matter is adjd. to.12.03.2019 for hearing on N/M No.1124/18.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-03-2019
    
    Date: 12-03-2019
    Business: Adv. for plff. present.
    Adv. Kanojiya for D/1 and 2 present.
    Adv. for D/3 present.
    Heard the Ld. adv. for plff. and advocates of the defts on the application Exh.10.
                              ORDER ON EXH.10
    The D/3 has requested to this application to allow him to file documents along with pendrive. The Ld. adv. for plff. has filed reply and opposed it on the ground that the documents are not relevant and the pendrive produced can not be relied upon as authenticated document. On examining the submissions the D/3 is allowed to produce the aforesaid document and pendrive marked as Article-1. In these terms, the application Exh.10 is disposed off.
    Matter is adjd. to. 30.03.2019 for further hearing submission of D/3 on the N/M No.1124/18.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-03-2019
    
    Date: 30-03-2019
    Business: Adv. Kongo for plff. present.
    Adv. Ramesh Jadhav for D/3 present and has filed application to allow him to display the video shotting given in the pendrive which is produced in the court.
    O-Other side to say.
    Rest of the defts are absent.
    Matter is adjd. to. 08.04.2019 for reply and hearing on Exh.11
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-04-2019
    
    Date: 08-04-2019
    Business: Papinder Singh alleged next friend of plff. Sohan Singh present his adv. absent. He has filed reply and written submissions to application Exh.11 t.o.r
    Adv. Page for D/1 and 2 present.
    Adv. Jadhav for D/3 present.
    On request of Adv. for D/3 Matter is adjd. to. 18.04.2019 for rejoinder and hearing on application Exh.11 taken out by D/3.
    Next Purpose: HEARING
    Next Hearing Date: 18-04-2019
    
    Date: 18-04-2019
    Business: Wrongly on board.
    Next Purpose: HEARING
    Next Hearing Date: 02-05-2019
    
    Date: 02-05-2019
    Business: Case is adjourned to 10/06/2019 for say to Exh.12.
    Next Purpose: HEARING
    Next Hearing Date: 10-06-2019
    
    Date: 10-06-2019
    Business: None present for Plaintiff.
    Adv. Mr. Karande for Defendant No. 3 present.
    Case is adjourned to 04/07/2019 for NM Reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 04-07-2019
    
    Date: 04-07-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 20-08-2019
    
    Date: 20-08-2019
    Business: Court is busy in dictating order on NM in suit no.4108/10 as well as court has to hear urgent matters, hence case is adjourned to 13/11/2019.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 13-11-2019
    
    Date: 13-11-2019
    Business: Court is on leave.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 08-01-2020
    
    Date: 13-11-2019
    Business: Court is on leave.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 08-01-2020
    
    Date: 08-01-2020
    Business: None present for Plaintiff.
    Advocate Ms. Radhika Vig for Defendant no.1 and 2 present
    Advocate Mr. Ramesh Jadhav @ Defendant no.3 present and filed an application for taking on record death certificate of Plaintiff, t.o.r. He also submitted that Plaintiff Sohan Singh Sarai expired on 09/05/2019.  Copy of death certificate is also annexed to the application.
    Both advocate for Defendants submitted that the suit was filed for appointment of guardian for Plaintiff.  It is argued that as Plaintiff is no more, no question arises of appointment of guardian for Plaintiff, hence, according to advocate for both Defendants, suit is necessary to be disposed off.
    It seems that Plaintiff\''s son who has filed this suit is not attending the court as he knows that no force remained in the matter.  Further, Plaintiff is reported to be dead on 09/05/2019 and till today no steps are taken for bringing LRs on record.  In such circumstances suit stands disposed off as abated for want of steps.  Notice of Motion no.1124/2018 stands disposed off accordingly.
    Nature Of Disposal: ABATED
    Disposal Date: 08-01-2020

    Additional Case Details

    Additional Case Details
    Filing Number: 104021/2018
    Filing Date: 16-03-2018
    First Hearing Date: 31st March 2018
    Decision Date: 08th January 2020
    Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1
    08 Jan 2020
    Order Details: Notice of Motion
    Pdf Text: None present for Plaintiff. Advocate Ms. Radhika Vig for Defendant no.1 and 2 present Advocate
    Mr. Ramesh Jadhav @ Defendant no.3 present and filed an application for taking on record death
    certificate of Plaintiff, t.o.r. He also submitted that Plaintiff Sohan Singh Sarai expired on
    09/05/2019. Copy of death certificate is also annexed to the application. Both advocate for
    Defendants submitted that the suit was filed for appointment of guardian for Plaintiff. It is argued
    that as Plaintiff is no more, no question arises of appointment of guardian for Plaintiff, hence,
    according to advocate for both Defendants, suit is necessary to be disposed off. It seems that
    Plaintiff&amp#039s son who has filed this suit is not attending the court as he knows that no
    force remained in the matter. Further, Plaintiff is reported to be dead on 09/05/2019 and till today no
    steps are taken for bringing LRs on record. In such circumstances suit stands disposed off as abated
    for want of steps. Notice of Motion no.1124/2018 stands disposed off accordingly.
    -- 1 of 1 --
    Order 1
    08 Jan 2020
    Order Details: Notice of Motion
    Pdf Text: None present for Plaintiff. Advocate Ms. Radhika Vig for Defendant no.1 and 2 present Advocate
    Mr. Ramesh Jadhav @ Defendant no.3 present and filed an application for taking on record death
    certificate of Plaintiff, t.o.r. He also submitted that Plaintiff Sohan Singh Sarai expired on
    09/05/2019. Copy of death certificate is also annexed to the application. Both advocate for
    Defendants submitted that the suit was filed for appointment of guardian for Plaintiff. It is argued
    that as Plaintiff is no more, no question arises of appointment of guardian for Plaintiff, hence,
    according to advocate for both Defendants, suit is necessary to be disposed off. It seems that
    Plaintiff&amp#039s son who has filed this suit is not attending the court as he knows that no
    force remained in the matter. Further, Plaintiff is reported to be dead on 09/05/2019 and till today no
    steps are taken for bringing LRs on record. In such circumstances suit stands disposed off as abated
    for want of steps. Notice of Motion no.1124/2018 stands disposed off accordingly.
    -- 1 of 1 --

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