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NOTICE OF MOTION

Jaishree Ramdayal Pamnani And OrsVsAhmed Oomerbhoy And Ors

CNR MHCC01003725201861-COURT 61 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 29th March 2023

TrustJury record updated 10 Sept 2026

Case Overview

Registration Number
101162/2018
Registration Date
17 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: 28-03-2018
    Business: Plaintiff no. 2 present and Adv. absent.
    None for the defendant.
    Plaintiff files tender original NM No. 1162/18.
    Matter is adj. to 12/06/2018 for  Recording Evidence PH.
    Next Purpose: RECORDING EVIDENCE P.H.
    Next Hearing Date: 12-06-2018
    
    Date: 12-06-2018
    Business: Adv.Abbas Zaidi for Plaintiff present.
    Adv. Ms. Seema Hunnurkar For defendant no.7 present.
    KB at 3.00p.m.
    Adv. Abbas Zaidi for plaintiff present.
    Adv. Ms.Seema Hunnurkar  For defendant no.7  present.
    On the oral request of the ld adv for defendant, case is adjourned for reply.
    Matter is adj to 22/06/2018 for reply on nm.
    Next Purpose: REPLY
    Next Hearing Date: 22-06-2018
    
    Date: 22-06-2018
    Business: Adv. Pradhan for Plaintiff present.
    Adv. Kapadia for Defendant no.1 present.
    Advocate Kapadia tendered the draft Chamber Summons alongwith affidavit, TOR.
    O - Leave is granted to register the Ch/s.
    Matter is adjd. to 19/07/2018 for Reply.
    Next Purpose: REPLY
    Next Hearing Date: 19-07-2018
    
    Date: 19-07-2018
    Business: Adv. Pradhan for Plaintiff present.
    Adv. Seema Hunurkar for Defendant no.1 and 7 present.
    Adv. Kapadia for Aplnt present.
    Advocate for Aplnt has submitted registered Chamber Summons no.1261/18 alongwith affidavit, TOR.
    Matter is adjd. to 02/08/2018 for Framing issues and Reply on Ch/s.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 02-08-2018
    
    Date: 02-08-2018
    Business: Plaintiff present.
    Adv. Pradhan for Plaintiff present.
    Adv. Seema for Defendant no.1 and 7 present.
    Adv. Kapadia for Aplnt. present.
    Advocate for defendant seeks time for filing reply on Ch/s, hence, Matter is adjd. to 21/08/2018 for Reply to Ch/s.
    Next Purpose: REPLY
    Next Hearing Date: 21-08-2018
    
    Date: 21-08-2018
    Reason For Adjournment: court time is over
    Next Purpose: REPLY
    Next Hearing Date: 18-09-2018
    
    Date: 18-09-2018
    Reason For Adjournment: court time is over
    Next Purpose: REJOINDER
    Next Hearing Date: 15-10-2018
    
    Date: 15-10-2018
    Business: Adv. Pradhan for Plaintiff present.
    Adv. Seema Honour for Defendant present.
    Adv. Kapadia for Aplnt present.
    Matter is adjd. to 26/11/2018 for Ch/s reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 26-11-2018
    
    Date: 26-11-2018
    Business: Adv. S. W. Pradhan for Plaintiff present.
    Adv. Seema Munnurkar  for Defendant present.
    Adv. Kapadia  for Aplnt present.
    Matter is adjd. to 11/12/2018 for Hearing.
    Next Purpose: HEARING
    Next Hearing Date: 11-12-2018
    
    Date: 11-12-2018
    Business: Adv. Pradhan for Plaintiff present.
    Adv. Seema Hundurkar for Defendant no.1 and 7 present.
    Adv. Kapadia for Aplnt present.
    Advocate for plaintiff has filed the reply affidavit in Ch/s no.1191/18 and 1194/18 and in Ch/s no.1261/18.
    Advocate for Aplnt has served the copy of Ch/s no.1842/18 upon advocate for plaintiff and defendant, today.
    Advocate for Aplnt has submitted that she will file the rejoinder, if necessary on next date. The advocate for Plaintiff and defendant has requested for grant of time to file the reply on Ch/s no.1842/18. Hence case is adjourn for rejoinder if any and reply.
    Matter is adjd. to 16/01/2019 for Reply / Rejoinder.
    Next Purpose: REJOINDER
    Next Hearing Date: 16-01-2019
    
    Date: 16-01-2019
    Business: Adv. Pradhan for Plaintiff present.
    Adv. Kapadia for Defendant present.
    Adv. Hunurkar for defendant no.7 Court receiver present.
    Matter is adjd. to 01/02/2019 for Rejoinder to Ch/s.
    Next Purpose: REJOINDER
    Next Hearing Date: 01-02-2019
    
    Date: 01-02-2019
    Business: Adv. Pradhan for Plaintiff present.
    Adv. Seema Hunurkar for Defendant no.1 and 7 present.
    K.B. / L.O. at 1.15pm.
    Adv. Pradhan for Plaintiff present.
    Adv. Ambekar for Aplnt present.
    Advocate for Aplnt has submitted that his colleague Adv. Kapadia is some difficulty and unable to argue the matter today and she seeks short adjournment. Adv for plaintiff objected for adjournment and requested for cost. Considering the reason that the Advocate for Aplnt is in difficulty it is just and desirable to grant short adjournment without any cost.
    Matter is adjd. to 20/02/2019 for Hearing as last chance at 1.00pm.
    Next Purpose: HEARING
    Next Hearing Date: 20-02-2019
    
    Date: 20-02-2019
    Business: Adv. Pradhan for Plaintiff present.
    Adv. Seema Hunurkar for Defendant no.1to 7 present.
    Adv. Ganesh Ambekar for Aplnt present.
    Advocate for Aplnt has filing rejoinder to Ch/s, TOR.
    Heard the argument of advocate for Aplnt partly.
    Matter is adjd. to 27/02/2019 for Further argument at 1.00pm.
    Next Purpose: HEARING
    Next Hearing Date: 27-02-2019
    
    Date: 27-02-2019
    Business: Court is on leave. Hence matter is adj to 13/03/2019
    Next Purpose: HEARING
    Next Hearing Date: 13-03-2019
    
    Date: 13-03-2019
    Business: Adv. Pradhan for Plaintiff present.
    Adv. Ganesh Ambekar for Aplnt present.
    Adv. Seema Hunurkar for Defendant no.1 and 7 present.
    Heard the argument of  advocate for plaintiff and advocate for defendant no.1 and 7. On the oral request of the advocate for Aplnt, Matter is adjd. to 28/03/2019 for Reply argument as last chance at 1.00pm.
    Next Purpose: HEARING
    Next Hearing Date: 28-03-2019
    
    Date: 28-03-2019
    Business: Adv for plaintiff Mr.Pradhan present
    Adv for deft 1 and 7 Mr.Hunurkar present
    Adv for applicant Ms. Kapadia present
    Matter is Adjd for Fresh Argument on C/S to 18/06/2019
    Next Purpose: C/S  HEARING
    Next Hearing Date: 18-06-2019
    
    Date: 18-06-2019
    Business: Court is on leave, Board is discharged
    Next Purpose: C/S  HEARING
    Next Hearing Date: 08-07-2019
    
    Date: 08-07-2019
    Business: Adv. Pradhan for plaintiff present.
    Adv. Seema Hunnarkar for defendant no.1 and 7 present
    By consent Matter is adjourned for Ch/s  Argument to 25.07.2019
    Next Purpose: C/S ARGUMENTS
    Next Hearing Date: 25-07-2019
    
    Date: 25-07-2019
    Business: As Court  is busy in dictating judgment  suit no.6498/06.
    Hence, Board is discharged.
    Matter is adjd for Ch/s argument to 22.08.2019
    Next Purpose: C/S ARGUMENTS
    Next Hearing Date: 22-08-2019
    
    Date: 22-08-2019
    Business: None present.
    Matter adjd for Ch/s argument to 09.10.2019
    Adv. Aditya Kawale for plaintiff present.
    Next Purpose: C/S ARGUMENTS
    Next Hearing Date: 09-10-2019
    
    Date: 09-10-2019
    Business: None present for applicant.
    Adv.Pradhan for plaintiff present.
    Adv.Seema Hunnarkar for defendant No.1 and 7 present.
    Matter adjd for Ch/s hearing to 08.11.2019.
    L.O. at 11.30
    Adv. Kapadiya for applicant present.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 08-11-2019
    
    Date: 08-11-2019
    Business: Adv.Kadam for plaintiff present.
    Adv.Radha Kapadiya for applicant in Ch/s present.
    Matter adj for Ch/s hearing to 10.01.2020.
    L.O. at 12.10pm
    Adv. Seema Hunnarkar for defendant No.1 and 7 present.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 10-01-2020
    
    Date: 10-01-2020
    Business: Plaintiff absent
    Defendant absent.
    Adv. Pradhan for plff. present
    Adv. Ganesh Ambekar for applicant present
    Adv. Seema Hunurkar for deft no. 1 and 7 present
    Matter is adjd to 12.02.2020 for Ch/s Hearing
    Next Purpose: C/S  HEARING
    Next Hearing Date: 12-02-2020
    
    Date: 12-02-2020
    Business: Adv SW Pradhan (I/B) for plaintiff present.
    Adv Rekha Musale for defendant no.1 and 7 (I/B) present.
    Adv Ganesh Ambekar applicant in CS present.
    Matter adjourned for CS hearing to 18.03.2020 at 2.45 pm.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 18-03-2020
    
    Date: 18-03-2020
    Business: As per Corona Virus Circular dated on 16.03.2020.
    Matter transferred from C.R. 60 but physically not received
    Hence matter is adjd to 20.08.2020 for C/S Hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 20-08-2020
    
    Date: 20-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: C/S  HEARING
    Next Hearing Date: 31-10-2020
    
    Date: 31-10-2020
    Business: Due to Covid-19 Pandemic none appeared.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 14-01-2021
    
    Date: 14-01-2021
    Business: Adv. Deeshank Doshi for applicant present.
    Plaintiff and his advocate are absent.
    Defendant and his advocate are absent.
    Matter is adjd to 29.01.2021 for C/s Hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 29-01-2021
    
    Date: 29-01-2021
    Business: Plaintiff absent.
    Defendant absent.
    Adv. Aditya A. Kavale for plff. Present.
    Adv. Bhagyashri Mangale for deft. No. 1 to 7 present.
    Ganesh Ambekar I/b Thakare Jariwala for applicant present.
    Matter is adjd to 06.03.2021 for C/s hearing
    Next Purpose: C/S  HEARING
    Next Hearing Date: 06-03-2021
    
    Date: 06-03-2021
    Business: Plaintiff absent.
    Defendant absent.
    Mr. Shabbir Jariwala for applicant present.
    Adv. Abbas Zaidy a/w Aditya A. Kavale I/b Zohaiir and co. for the plff. Present.
    Adv. Seema Hunnurkar for the deft. no. 1 and 7 present.
    Matter is adjd to 12.04.2021 for C/S hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 12-04-2021
    
    Date: 12-04-2021
    Business: Due to Covid-19 pandemic none appeared.
    Matter is adjd to 09/07/2021 for C/S Hearing
    Next Purpose: C/S  HEARING
    Next Hearing Date: 09-07-2021
    
    Date: 09-07-2021
    Business: Both the parties and their advocates are absent.
    Due to Covid-19 pandemic.
    Matter is adjd to 15.09.2021 for C/S Hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 15-09-2021
    
    Date: 15-09-2021
    Business: Court is vacant.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 29-10-2021
    
    Date: 29-10-2021
    Business: Court is Vacant.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 03-01-2022
    
    Date: 03-01-2022
    Business: Adv Aditya for plaintiff present.
    Adv Ganehs Ambekar for applicant in Ch/s present.
    Matter is adjd for Chs hearing to 10.01.2022
    Next Purpose: C/S  HEARING
    Next Hearing Date: 10-01-2022
    
    Date: 10-01-2022
    Business: None present.
    Matter is adjd for CHS hearing  to 03.02.2022
    Next Purpose: C/S  HEARING
    Next Hearing Date: 03-02-2022
    
    Date: 03-02-2022
    Business: Adv Aditya Kavle for plaintiff present.
    Adv Ambekar applicant in chamber summons present.
    Matter is adjd for  Chs hearing  on 08-04-2022
    Next Purpose: C/S  HEARING
    Next Hearing Date: 08-04-2022
    
    Date: 08-04-2022
    Business: P.O. is on training.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 05-07-2022
    
    Date: 05-07-2022
    Business: Adv. for Plaintiff present.
    Adv. Mr. Jayesh Gawde for Defendant No. 7 present and filed vakalatnama on behalf of the Defendant No. 7.  O :- Filed.
    Hence, matter adjourned to 03/08/2022 for Ch/s. Hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 03-08-2022
    
    Date: 03-08-2022
    Business: Adv. Shital Tekawade for Plaintiff present.
    Adv. Ganesh Ambekar applicant in chamber summons present.
    Adv. Jayesh Gawde for Defendant nos.1 and 7 present.
    Heard Advocate Ambekar for some time on chamber summons.  It transpires that original defendant no.2 has died during pendency of suit.  The applicant claims himself to be one of the LR of deceased defendant no.2 and seeks impleadment as a LR of deceased defendant no.2.
    It appears that there are other LR\''s as well to the deceased defendant no.2.  Therefore, Mr. Ambekar undertakes to file details of all the LR\''s of deceased defendant no.2 by filing pursis.
    Matter adjourned to 14.09.2022 for filing pursis.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 14-09-2022
    
    Date: 14-09-2022
    Business: Adv. Shital Ekawade for plaintiff present.
    Adv. Jayesh Gawade for defendant no.7 present.
    Adv. Ganesh Ambekar for applicant in chamber summons present and tendered pursis alongwith xerox copy of death certificate of partner of defendant no.1.  TOR.
    As Court time is over, matter adjd. to 28.11.2022 for CS hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 28-11-2022
    
    Date: 28-11-2022
    Business: As the Court time is over, rest of the Second Session Civil Board is discharged.  Matter is adj to 24/01/2023 for hearing on C/S.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 24-01-2023
    
    Date: 24-01-2023
    Business: Adv.Shital Ekawade a/w Adv.Aditya A.Kavale i/b Zohair and Company for plaintiff present.
    AAdv. Ganesh Ambekar for applicant in chamber summons present.
    Adv.Jayesh Gawde for defendant No.7 present.
    Heard both the sides on C/S No.1261/18
                   ORDER ON CHAMBER SUMMONS NO.1261/18
        One Mr.Nadim Majid, who claims to be one of the legal representative of defendant No.2 has taken on present C/S with a prayer to direct plaintiff to amend proceeding and thereby to add him as LR\''s of defendant No.2 who is submitted to have been died on 11/05/2010.
            In view of order passed by this court on 03/08/2022, the Ld. Advocate for applicant herein has already filed pursis on record (today marked as Exh---) intimating this court as well as to the plaintiff about the LR\''s of deceased defendant No.2.
            Plaintiff being master of the suit, it is up to him to take proper steps to implead LR\''s of deceased defendant.  If plaintiff fails to bring LR\''s on record, necessary consequences as per order 22 of CPC would follow.  Thus, C/S in present from is not maintainable at the behest of the legal heir of deceased defendant No.2.  Hence, same is hereby disposed of with liberty to the applicant to file appropriate application for dismissal of the suit as permissible under the of law.
    Adv. for plaintiff seeks time to work out pending N/M, time granted.
    Matter is adj to 29/03/2023 for hearing on N/M.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-03-2023
    
    Date: 29-03-2023
    Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
    Adv.S.W.Pradhan a/w Adv.Aditya A.Kavale i/b Zohair and Company for plaintiff present.
    Adv.Ganesh Ambekar i/b MDP Partners one of the heir of defendant No.2 present.
    Adv.Jayesh Gawde for defendant No.7 present.
    Heard both the sides on N/M No.1162/18.
    F.R.S.R following order is passed on N/M No.1162/18.
    ORDER
    A.Notice of motion No.1162/2018 is hereby allowed in terms of prayer clause (a) to (c), which reads as under-
    a)The delay, if any, caused in preferring the present application may please be condoned
    b)That part of the Order dated 25th July, 2017 passed in Notice of Motion No.1009 of 2016, thereby dismissing the suit against Defendant No. 1 may pleased be recalled and set aside
    c)In the alternative, that part of the Order dated 25th July, 2017 passed in Notice of Motion No.1009 of 2016, thereby dismissing the suit against Defendant No. 1 may pleased be reviewed and the error apparent on record be rectified
    B.Suit is restored against defendant Nos.1, 3, 4 and 5.
    C.As defendant Nos.1, 3, 4 and 5 are not represented before this Court, issue notice of appearance to them.
    D.As advocate for defendant No.1 is present, no separate notice needs to be issued against defendant No.1.
    E.Notice of Motion No.1162/2018 is disposed of accordingly.
    Nature Of Disposal: ALLOWED
    Disposal Date: 29-03-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 104122/2018
    Filing Date: 17-03-2018
    First Hearing Date: 28th March 2018
    Decision Date: 29th March 2023
    Court Number And Judge: 61-COURT 61 ADDL  SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    29 Mar 2023

    Order Details: Notice of Motion Pdf Text: 1 MHCC010037252018 IN THE COURT OF JUDGE, CITY CIVIL COURT AT GREATER BOMBAY NOTICE OF MOTION NO. 1162 OF 2018 IN SUIT N0. 7419 OF 2005 Jaishree Ramdayal Pamnani & Ors. ...Plaintiff Versus Ahmed Oomerbhoy & Ors. ...Defendant Appearance : Ld. advocate S. W. Pradhan a/w Adv. Aditya Kavale i/b Zohair & Co. for plaintiff. Ld. advocate Jayesh Gawde for defendant Nos.1 and 7. Coram : DR. S. D. TAWSHIKAR C. R. NO…

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    Order 1Full order available
    29 Mar 2023

    Order Details: Notice of Motion Pdf Text: 1 MHCC010037252018 IN THE COURT OF JUDGE, CITY CIVIL COURT AT GREATER BOMBAY NOTICE OF MOTION NO. 1162 OF 2018 IN SUIT N0. 7419 OF 2005 Jaishree Ramdayal Pamnani & Ors. ...Plaintiff Versus Ahmed Oomerbhoy & Ors. ...Defendant Appearance : Ld. advocate S. W. Pradhan a/w Adv. Aditya Kavale i/b Zohair & Co. for plaintiff. Ld. advocate Jayesh Gawde for defendant Nos.1 and 7. Coram : DR. S. D. TAWSHIKAR C. R. NO…

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