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NOTICE OF MOTION

Anil Sunil Khade And Ors . High Court Notice Of Motion No.3296 of 2007VsDyandev Nivrutti Khade And Ors

CNR MHCC0100376020181-COURT 01 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 12th August 2022

TrustJury record updated 10 Sept 2026

Case Overview

Registration Number
101174/2018
Registration Date
19 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: 20-03-2018
    Business: Adv. Mr.Prakash Mahadik for plaintiff present.
    Adv.Ms.Nilu Mishra for defendant Nos.1 to 3 present.
    Adv.Ms.Urmila Kadam filed VP for defendant No.4  TOR.
    Ld.counsel for plaintiff tendered re-registered NM No.1174 of 2018 (3296 of 2007).
    Adj for hearing on NM 1174 of 2018 to 17.04.2018.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-04-2018
    
    Date: 17-04-2018
    Business: Adv. Prakash Mahadik Present for the Plff.
    Adv. Mishra Present for the Deft. no. 1 to 3.
    Adv. Sanjay Dudhane Present for the Deft. no. 4.
    Adv. for the Deft filed registered NM 446/18 (Old H. C. 3667/11) alongwith affidavit. t.o.r.
    Adj. for Hearing of NM 1174/18, 446/18, 2157/17 on 05/07/2018.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-07-2018
    
    Date: 05-07-2018
    Business: Adv Mr. Shenoy for plff. Present.
    Adv Mr. Mishra for deft. no.1 to 3 present.
    Adv for deft. no.4 present.
    K.B.L.O. at 4.03pm.
    Adv Mr. Shenoy for plff. Present.
    Adv Mr. Mishra for deft. no.1 to 3 present.
    None for deft no. 4.
    Ld. Adv for plff again sought adjournment for hearing of Notice of Motion no. 2157/17. It appear that ld. Adv for plff. is unnecessarily  seeking adjournments and kept the matter prolonged when the suit is of 2007 therefore last chance is granted to the plff. to argue Notice of Motion no. 2157/17 with specific understanding that on next date, no adjournment for whatsoever reason will be granted  to the plff. to advance argument on Notice of Motion no.2157/2017 and if it is not argued, it will be treated filed.
    Adjd. For hearing on Notice of Motion 1174/18, 446/18 and 2157/17 on 01.09.2018.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-09-2018
    
    Date: 01-09-2018
    Business: Adv. Prakash Mahadik for all Plaintiffs Present.
    Adv. Mishra for defendant nos. 1 to 3 Present.
    K.B. L.O. at. 03.15 p.m. Adv. Prakash Mahadik for all Plaintiffs Present. Adv. Mishra for defendant nos. 1 to 3 Present. Plaintiffs advocate not pressing N.M. 2157/17 and accordingly put endorsement and notice itself. Hence N.M. 2157/17 is disposed off.
    During hearing of N.M. No. 1174/18 and N.M. No. 446/18 it disclosed that, Plaintiff no. 1 Died and Plaintiff nos. 2 to 4 became major. However there is no necessary amendment. So adjourned for taking necessary steps.
    Adjd to 09/10/2018 for Steps
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 09-10-2018
    
    Date: 09-10-2018
    Business: Adv. Mahadik for Plaintiff Present and filed draft Ch/su for amendment in Plaint as Plaintiff no. 1-A, 1-C and defendant  no. 6 became major and defendant no. 6 is married now and to that effect amendment in Plaint.
    ORDER  Considering amendment is in technical nature, Amendment is allowed. Ch/su be registered for Statical Purpose. Plaintiff is carry amendment within 14 days and serve amendment copy on defendant no. 6.
    Adjd to 20/10/2018 for Compliance and N.M hearing
    Next Purpose: COMPLIANCE
    Next Hearing Date: 20-10-2018
    
    Date: 20-10-2018
    Business: Adv. Mr. Prakash Mahdik for Plaintiff Present and filed application for correcting order dtd. 09/10/2018 is t.o.r. and marked as Exh. 7.
    ORDER It seems there is clerical and typographical mistake in mentioning name of Plaintiff nos. 2 to 4 and defendant no. 6, Hence allowed to carry out amendment accordingly.
    Defendant no. 1 Present.
    Adv. Mr. Mishra for defendant nos. 1 to 3 Present.
    Adjd to 15/11/2018 for compliance
    Next Purpose: COMPLIANCE
    Next Hearing Date: 15-11-2018
    
    Date: 15-11-2018
    Business: Adv. Mahadik for Plaintiff Present and seeks time to serve writ of summons to defendant no. 6. Time Granted.
    Adv. Jitendra Mishra for defendant no. 1 to 3 Present.
    Plaintiff to supply to amended copy to defendant nos. 1 to 3.
    Adjd to 18/02/2019 for services
    Next Purpose: SERVICE
    Next Hearing Date: 18-02-2019
    
    Date: 18-02-2019
    Business: P.O. is on Leave
    Next Purpose: SERVICE
    Next Hearing Date: 21-06-2019
    
    Date: 21-06-2019
    Business: Adv. S.B. Shenoy for plff present.
    Adv. Ms. Mishra for deft present.
    Both the n/ms are pretty old, those being of the year 2007 and 2011 and re-numbered after transfer of the suit. Hence, it is necessary to expedite the hearing. However, the adv. Shenoy for plff submits that adv. Mahadik is unable to attend today as he is busy before Hon\''ble High Court, matter is adjd. strictly as a last chance, in default for necessary order to 02.07.2019 for n/m hearing.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 02-07-2019
    
    Date: 02-07-2019
    Business: Due to Heavy Rain. Staff is absent.
    Therefore, Board is Discharge
    Matter is Adjd for N/M Argument to 27/08/2019.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 27-08-2019
    
    Date: 27-08-2019
    Business: Adv for plaintiff Mr.Chetan Goliwala present.
    Adv for deft No.1,2 and 3 Ms.Nilam Mishra present.
    Adv for plaintiff filed reply to N/M 446/18.
    Adv for deft No.1,2 and 3 stated that she has received copy of reply.
    Matter is Adjd for N/M 1174/18 and 446/18 Hearing to 09.10.2019
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-10-2019
    
    Date: 09-10-2019
    Business: Adv for plaintiff Mr.Chetan Gorwala present.
    Adv for deft Ms.Nilu Mishra present.
    Adv for deft requested for adjournment. O-Granted.
    Matter is Adjd for N/M Hearing to 04.11.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-11-2019
    
    Date: 04-11-2019
    Business: Adv for plaintiff Mr.Borwala present.
    Adv for deft to 1 to 3 Mr.Jitendra Mishra present.
    Adv for plff requested for adjournment. O-Granted.
    Matter is Adjd for N/M 1174/18 and N/M 446/18 Hearing to 07.12.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-12-2019
    
    Date: 07-12-2019
    Business: Adv for plaintiff present.
    Adv for deft present.
    Adv for plff and deft.stated that there are talks of settlement between the parties.
    Matter is Adjd for N/M Hearing to 07.02.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-02-2020
    
    Date: 07-02-2020
    Business: None present.
    Matter is Adjd for N/M Hearing to 26.03.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-03-2020
    
    Date: 26-03-2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-04-2020
    
    Date: 26-03-2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-04-2020
    
    Date: 26-03-2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-04-2020
    
    Date: 03-04-2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-04-2020
    
    Date: 03-04-2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-04-2020
    
    Date: 03-04-2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-04-2020
    
    Date: 17-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-05-2020
    
    Date: 17-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-05-2020
    
    Date: 17-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-05-2020
    
    Date: 06-05-2020
    Business: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-05-2020
    
    Date: 28-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-06-2020
    
    Date: 28-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-06-2020
    
    Date: 28-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-06-2020
    
    Date: 15-06-2020
    Business: NATIONAL LOCKDOWN
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-07-2020
    
    Date: 15-06-2020
    Business: NATIONAL LOCKDOWN
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-07-2020
    
    Date: 15-06-2020
    Business: NATIONAL LOCKDOWN
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-07-2020
    
    Date: 04-07-2020
    Business: National Lock-down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-08-2020
    
    Date: 21-08-2020
    Business: Lockdown
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-10-2020
    
    Date: 17-10-2020
    Business: Due to National Lockdown (Covid-19) all parties absent.                        Matter adjd to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-01-2021
    
    Date: 05-01-2021
    Business: Adv. for plff absent.
    Adv. for deft absent.
    KB LO at 01.08 pm
    As both the parties are absent adjourned for NM hearing.
    Adjd for NM hearing on 09.03.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-03-2021
    
    Date: 05-01-2021
    Business: Adv. for plff absent.
    Adv. for deft absent.
    KB LO at 01.08 pm
    As both the parties are absent adjourned for NM hearing.
    Adjd for NM hearing on 09.03.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-03-2021
    
    Date: 05-01-2021
    Business: Adv. for plff absent.
    Adv. for deft absent.
    KB LO at 01.08 pm
    As both the parties are absent adjourned for NM hearing.
    Adjd for NM hearing on 09.03.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-03-2021
    
    Date: 09-03-2021
    Business: None for plaintiff.
    Adv. Mishra for defendant nos.1 to 3 is present.
    Adv.for the defendant made a statement that defendant no.1 Dyandev Nivrutty Khade is expired.
    Order below NM No. 446/18
    Perused the notice of motion. Heard Adv.for the defendant. This notice of motion is with regard to framing of preliminary issues regarding the jurisdiction of this Court. In view of the amendment, as now Section 9-A of the CPC is deleted, this Notice of Motion is not maintainable. Notice of Motion No. 446/18 stands disposed of being not tenable.
    Matter adjd for hearing NM No. 1174/18 on 07.06.2021. (Afternoon Session)
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-06-2021
    
    Date: 07-06-2021
    Business: In view of Office Order No.100/21 dated 04.06.2021, only urgent matters are taken for hearing. Hence, board discharged.
    The matter is adjd to 23.06.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-06-2021
    
    Date: 23-06-2021
    Business: The Court is on leave, hence adjourned.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-07-2021
    
    Date: 22-07-2021
    Business: Matter received from C.R.No.14.
    None for plaintiff.
    Adv. Jitendara Mishra for defendant no. 2 and 3 present and he has filed affidavit of service. T.O.R.
    Heard.
    For making proper service upon Deft no. 4, the Ld. Adv.for the deft no. 2 and 3 sought time. Matter be kept on 26.07.2021 for ad-interim hearing.
    Matter adjd for ad-interim hearing to 26.07.2021.
    Next Purpose: HEARING
    Next Hearing Date: 26-07-2021
    
    Date: 26-07-2021
    Business: Adv. Golvala for plaintiff present.
    Adv. J. B. Mishra for deft no. 1 to 3 present.
    Defendant no.4 Amol Kale in person is present. He has filed an application t.o.r marked as Exh.8. O- Adjournment is granted as deft no.4 Amol Kale has made statement at Bar that presently no construction work is going on the suit premises and  he will not make any construction on the suit premises till next date. His statement is recorded as an undertaking before the Court and accordingly matter is adjourned for ad-interim hearing on NM.
    Adv. for plaintiff tendered draft Ch/S. O- Leave granted to register.
    Matter adjd for ad-interim hearing on nm to 02.08.2021.
    Next Purpose: HEARING
    Next Hearing Date: 02-08-2021
    
    Date: 02-08-2021
    Business: Adv. Bala Thakur for defendant no.4 is present. He has submitted that he is coming from Pune and presently deft no.4 is not well.
    KB LO at 2.53 p.m.
    None for plaintiff.
    Adv. Jitendra Mishra for defendant no. 1 to 3 present.
    As per record the plaintiff has not tendered on record original registered CH/S No. 874/21. Plaintiff is directed to place on record said CH/S.
    In the afternoon session none appeared for defendant no.4. The statement made by defendant no.4 on 26.07.2021 is continued till next date.
    Matter adjd for hearing on 09.08.2021 (afternoon session)
    Next Purpose: HEARING
    Next Hearing Date: 09-08-2021
    
    Date: 09-08-2021
    Business: Matter received from C.R.No.14.
    Plaintiff Akshay Khade is present. He has tendered on record original registered CH/S No. 874/21. T.O.R.
    Plaintiff no.3 is present.
    Adv. Londage for defendant no.4 present undertakes to file V/P on next date and reply to NM No. 1504/21.
    Adv. Mishra for defendant no.1 to 3 present.
    Order below Chamber Summons No.874/21
    Perused the chamber summons and say. Heard both the sides. As per the copy of death certificate the defendant no.1 Dnynandev Khade has expired on 29.07.2020. It is submitted that all the legal heirs already on record. Genuine reasons are mentioned in para no. 3,4 and 5 of the affidavit in support of chamber summons for condoning the delay. The reasons mentioned in para no.6 therefore is consider for deletation of defendant no.1. Considering overall circumstances and in the interest of Justice, I pass the following order-
                                         ORDER
    Chamber Summons No.874/21 is allowed and made absolute in terms of prayer clause (a) to (c). Plaintiff to carry out amendment within two weeks and shall supply the copy of amended plaint upon the defendant within two weeks thereafter.
    Chamber summons is allowed and disposed of accordingly.
    Plaintiff has submitted that his lawyer is not well and sought for an adjournment.
    Earlier order to continue till next date.
    Matter adjd for NM reply and hearing on 08.09.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-09-2021
    
    Date: 08-09-2021
    Business: Plaintiff no.4 Akshay Khade is present.
    Adv. Avanendra Kumar for deft no.1 to 3 is present.
    Adv. Aditya Bar thakur for deft no.4 is present and filed V/P t.o.r marked as Exh.9.
    Adv.for deft no.4 filed reply to NM No. 1504/21.
    Plff has filed an application t.o.r marked as Exh.10.
    O- Allowed in terms of prayer clause.
    Earlier order to continue till next date.
    Matter adjd for NM hearing on 08.12.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-12-2021
    
    Date: 08-12-2021
    Business: Adv. Mishra for deft no. 1 to 3 present.
    Deft no. 4 present in person and has filed adjournment application.  TOR.  Marked as Exh. 5.  O - O. S to Say.
    Order below Exh. 5 - perused the application.  Heard adv for pltff and deft no. 4.  As per the record on 26/07/2021 drft no. 4 who is present before the Court has made a statement which was recorded as an undertaking.  Today again deft no. 4 has made a statement at bar that he is not doing any construction work and whatever work he has done was regarding repairing.  As deft no. 4 has sought for an adjournment it is further directed that deft no. 4 not to make any construction or repairing work on this said premises till next date.
    Adv for deft no. 1 to 3 has filed rejoinder to NM 1504/21.  TOR. Copy served to other side.
    Matter is adjd to 07/02/2022 for Argument.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-02-2022
    
    Date: 07-02-2022
    Business: As per Office Order No. ''27 of 2022'', to mourn the sad demise of veteran singer Bharat Ratna Lata Mangeshkar and pay respect to the departed soul, this office has declared holiday today, therefore matter is adjourned.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-02-2022
    
    Date: 23-02-2022
    Business: By Precipe.
    NOB.TOB.
    Adv. Mishra for deft no. 1 to 3 present.
    The earlier order dt. 08/12/2021 is continued till next date.
    Matter is already adjd to 05/04/2022 for arguments.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-04-2022
    
    Date: 05-04-2022
    Business: CORAM - HHJ S. T. SOOR, JUDGE, CITY CIVIL COURT,GR.MUMBAI (C.R.NO.2)
    Matter pertains to CR. No. 01
    Adv. Chetan Goliwala for pltff present.
    Adv. J. B. Mishra for deft present.
    Earlier order if any to continue till next date.
    Matter is adjd to 07/06/2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-06-2022
    
    Date: 07-06-2022
    Business: Advocate Chetan Borwala for plaintiff present.
    Advocate Nilu Mishra for Defendant 1 to 3 present.
    None is present for defendant 4 against whom N/M No. 1504/2021 is taken out.
    When court asked Advocate for plaintiff, is he ready to make submission on N/M 1174/2018?  he asked for adjournment.
    It is last adjournment for hearing on both Notice of Motion 1504/21 and N/M 1174/18.
    Heard Argument of Advocate for Defendant 3 on N/M No. 1504/2021.
    Now hearing is adjourned for submission on defendant No. 4 on said Notice of Motion meanwhile Earlier order till continue till next date.
    Matter Adj  NM Hearing for 11.08.2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-08-2022
    
    Date: 11-08-2022
    Business: Adv. Borwala for plaintiff is present.
    Adv. Nilu Mishra for defendant no. 1 to 3 is present.
    Defendant no.4 is present.
    The defendant no.4 has filed an application for adjournment of the matter on the ground that his Ld. advocate is suffering from fever t.o.r marked as Exh.11. Record shows that NM No. 1174/18 is pending for filing reply of defendant no.4. Inspite of giving ample opportunity to the defendant no.4 failed to file its reply to NM No. 1174/18. Hence, the NM to be proceeded without reply of defendant no.4.
    KB LO at 4.15 p.m.
    Adv. Borwala for plaintiff is present.
    Adv. Jitendra Mishra for defendant nos. 1 to 3 is present.
    Heard both the sides on NM No.1174/18
    KB for order. LO at 5.50 p.m.
    Earlier order, if any, continue till next date.
    As Court is busy in dictating orders in NM No.1520/18, CH/S No. 1891/21.
    Matter adjd to 12.08.2022 for order on NM No.1174/18.
    Next Purpose: ORDER
    Next Hearing Date: 12-08-2022
    
    Date: 12-08-2022
    Business: None present for plaintiff.
    Adv. Ashutosh Mishra for defendant no.1 to 3 is present.
    F.R.S.R. following order is passed in NM No. 1174/18.
                                          ORDER
    Notice of motion no. 1174/2018 is partly allowed.
    Defendants are restrained by an order of temporary injunction from creating third party interest of suit property till disposal of suit on merits.
    Defendants are restrained from dispossessing the plaintiff from Room No.8 situated at Mumbai which is well described in plaint, without following due procedure of law.
    Cost in cause.
    Notice of motion is disposed of accordingly.
    Nature Of Disposal: ALLOWED
    Disposal Date: 12-08-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 104151/2018
    Filing Date: 19-03-2018
    First Hearing Date: 20th March 2018
    Decision Date: 12th August 2022
    Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    12 Aug 2022

    Order Details: Notice of Motion Pdf Text: 1 Ord. in NM no 11742018 in Suit no.5597 of 2007 MHCC010037602018 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY ORDER IN NOTICE OF MOTION NO.1174 OF 2018 (HIGH COURT NOTICE OF MOTION NO. 3296 OF 2007 IN SUIT NO. 5597 OF 2007 IN (HIGH COURT SUIT NO. 2403 OF 2007) Anita Sunil Khade (Deleted since deceased) Sonali Sunil Khade & Ors. ...Plaintiffs V/s Dyandev Nivrutti Khade & Ors. ....Defendants. CORAM : HIS…

    Read Full Order
    Order 1Full order available
    12 Aug 2022

    Order Details: Notice of Motion Pdf Text: 1 Ord. in NM no 11742018 in Suit no.5597 of 2007 MHCC010037602018 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY ORDER IN NOTICE OF MOTION NO.1174 OF 2018 (HIGH COURT NOTICE OF MOTION NO. 3296 OF 2007 IN SUIT NO. 5597 OF 2007 IN (HIGH COURT SUIT NO. 2403 OF 2007) Anita Sunil Khade (Deleted since deceased) Sonali Sunil Khade & Ors. ...Plaintiffs V/s Dyandev Nivrutti Khade & Ors. ....Defendants. CORAM : HIS…

    Read Full Order

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