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NOTICE OF MOTION

M/s. Navyata Life SpaceVsPrakash Indramal Jain

CNR MHCC0100378120182-COURT 02 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 25th April 2019

TrustJury record updated 10 Sept 2026

Case Overview

Registration Number
101159/2018
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: Adv. Mr. P.G. Saraf for plaintiff present.
    He tendered registered N/M no. 1159/18.
    None present for defendant.
    Adjd to 5.6.2018 for N/M reply.
    L.O.
    Adv. Ms. Sirat Khan for defendant present.
    She filed written statement. t.o.r. It is marked as Exh. 3.
    Adjd to 5.6.2018 for N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 05-06-2018
    
    Date: 05-06-2018
    Business: Adv.Mr.Aadesh Sawant for Plff.present.
    Adv.Ms.Sirat Khan for Deft.present.
    Adv.for Plff.sought time.  Adjd.for N/m reply on 03.09.2018.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 03-09-2018
    
    Date: 03-09-2018
    Business: Adv.Mr.K.M.Savla for Plaintiff present.
    Adv.Ms.Sirat Khan for Defendant present.
    Ld.adv.for defendant submitted that the written statement Exh.3 may be considered as reply to N/m.
    Adjd.for hearing on 25.10.2018.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 25-10-2018
    
    Date: 25-10-2018
    Business: Adv.Mr.Savla for Plaintiff present.
    Adv.for Plaintiff filed rejoinder t.o.r. Copy served to other side.
    Adv.Ms.Sirat Khan for Defendant present.
    Adjd.for hearing on 17.11.2018.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-11-2018
    
    Date: 17-11-2018
    Business: Adv.Mr.K.M.Sawla for Plff.present.
    Adv.Ms.Sirat Khan for Deft.present.
    Draft N/m tendered by adv.for defendant along with affidavit t.o.r.Leave granted to register N/m. Returnable on next date.
    Adjd.for N/m reply/hearing on 10.01.2019.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 10-01-2019
    
    Date: 10-01-2019
    Business: Adv. Saraf for Plaintiff present.
    Adv. for Defendant present.
    She tendered original NM no.4526/18 t.o.r.
    Adv for Plaintiff filed reply to NM.
    As Court is busy in dictating orders in NM and Ch/s hence board is discharged and matter is adj for NM hearing to 06.02.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-02-2019
    
    Date: 06-02-2019
    Business: Adv. K.M.Sawla for Plaintiff present.
    Adv. Ms. Seegat Khan for Defendant present.
    On oral request of Adv for Defendant, adj for NM hearing to 02.04.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-04-2019
    
    Date: 02-04-2019
    Business: Adv. Savla for Plaintiff present.
    Adv. Sigat Khan for Defendant present.
    Adv for defendant sought time for NM hearing.
    Adj for NM hearing to 17.06.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-04-2019
    
    Date: 25-04-2019
    Business: By Precipe.
    Ex.4 Alongwith precipe(Ex.4) filed copy of memorandum of understanding dtd.06.04.2019, copy of Agreement dtd.23.04.2019 and copy of Request Letter.
    Adv. A.M.Sawla for Plaintiff present.
    Defendant is present.
    Ex.5 Pursis filed by Plaintiff for withdraw of suit through its Managing Partner Pranay Kapadia t.o.r.
    Verified the Managing Partner of Plaintiff who signed the plaint and pursis. He voluntarily admits that Plaintiff wants to withdraw present suit.
    Defendant has no objection for withdrawal of suit.
    I have also perused Aadhar Card of Managing Partner of Plaintiff and Driving Licence of defendant.
    They have filed copies of the same on record.
    In view of above pursis, suit stands withdrawn and accordingly, disposed off.
    Court fees as per rule, be refunded to the Plaintiff.
    Bill of costs be drawn up accordingly.
    Order below Notice of Motion no.1159 of 2018.
    Present Notice of motion has been filed by Plaintiff in Suit No.477/18 which has already been withdrawn. It seems that now Plaintiff is not interested to prosecute this Notice of Motion. Therefore, Notice of motion is dismissed for want of prosecution.
    Accordingly, NM No.1159/18 is disposed off.
    Order below Notice of Motion no.4526 of 2018.
    Present Notice of motion has been filed by defendant in Suit No.477/18 which has already been withdrawn. It seems that now defendant is not interested to prosecute this Notice of Motion. Therefore, Notice of motion is dismissed for want of prosecution.
    Accordingly, NM No.4526/18 is disposed off.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 25-04-2019

    Additional Case Details

    Additional Case Details
    Filing Number: 104129/2018
    Filing Date: 17-03-2018
    First Hearing Date: 28th March 2018
    Decision Date: 25th April 2019
    Court Number And Judge: 2-COURT 02 ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    25 Apr 2019

    Order Details: Other Pdf Text: 25.04.2019 SU 477/18 Exh.4 Exh.5 CORAM: H. H. J. SHRI.M.T.ASIM (CR. NO. 02) By Precipe. Ex.4 Alongwith precipe(Ex.4) filed copy of memorandum of understanding dtd.06.04.2019, copy of Agreement dtd.23.04.2019 and copy of Request Letter. Adv. A.M.Sawla for Plaintiff present. Defendant is present. Ex.5 Pursis filed by Plaintiff for withdraw of suit through its Managing Partner Pranay Kapadia t.o.r. Verified the Managing Partner of Plaintiff who signed the plaint and pursis. He voluntarily admits that Plaintiff…

    Read Full Order
    Order 1Full order available
    25 Apr 2019

    Order Details: Other Pdf Text: 25.04.2019 SU 477/18 Exh.4 Exh.5 CORAM: H. H. J. SHRI.M.T.ASIM (CR. NO. 02) By Precipe. Ex.4 Alongwith precipe(Ex.4) filed copy of memorandum of understanding dtd.06.04.2019, copy of Agreement dtd.23.04.2019 and copy of Request Letter. Adv. A.M.Sawla for Plaintiff present. Defendant is present. Ex.5 Pursis filed by Plaintiff for withdraw of suit through its Managing Partner Pranay Kapadia t.o.r. Verified the Managing Partner of Plaintiff who signed the plaint and pursis. He voluntarily admits that Plaintiff…

    Read Full Order

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