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CHAMBER SUMMONS

Vikram Vishnu KushalkaVsDesignated Officer - I +1 more

CNR MHCC01003838201811-COURT 02 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 14th November 2018

TrustJury record updated 11 Sept 2026

Case Overview

Registration Number
100542/2018
Registration Date
21 Mar 2018

Advocates

1

For Respondent

    Not available

    Parties

    3

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 21-03-2018
    Business: Advocate Mr. Gandhi for the Plaintiff present.
    Advocate Ms. Tondwalkar for BMC/deft present.
    Original Ch/s no. 542/18 tendered by adv for the Plaintiff. t.o.r.
    Original N/M no. 1192/18 tendered by adv for the Plaintiff. t.o.r.
    In view of subsequent N/M no. 1192/18, earlier N/M no. 4006/17 has become infructuous. Hence, earlier N/M no. 4006/17 is hereby disposed of.
    Heard.
    Perused order by this court on 10.11.2017. it appears that the defendants have not passed the speaking order within a period of two weeks as directed. Inspite of knowledge of the order and lapses on their part, in view of their own circular, before issuing notice u/s 354 A of MMC Act, prima facie, it reveals that the Defendant has passed order on the basis of inspection carried out by their officer. It is already observed by this court that before issuing notice u/s 354A of MMC Act, at the time of carrying out inspection, concerned officer has not conducted the --Matter adjd to 2.05.2018 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 02-05-2018
    
    Date: 02-05-2018
    Business: Advocate Mr. Hardik Desai for the Plaintiff present.
    Advocate Mr. Tondwalkar for BMC/deft present.
    Advocate for the Defendant seeks adjournment for filing reply to N/M. Granted as a last chance.
    Matter adjd to 3.08.2017 N/M reply/ Ch/s reply/ passing no w.st order.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 03-08-2018
    
    Date: 03-08-2018
    Business: Court is vacant. Hence today board is discharged
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 19-09-2018
    
    Date: 19-09-2018
    Business: Advocate Mr. P. D. Gandhi for Plaintiff present.
    Advocate Ms. Hajare h/f Adv. Tondvalkar for BMC/Deft present and submitted that Advocate Ms. Tondvalkar who is looking after matters of S ward is on leave hence matter may be adjourned.    Considering submissions, by consent case is adjourned to 22/10/2018 for reply/Chamber summons and Notice of Motion.
    Earlier order to continue till next date.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 22-10-2018
    
    Date: 22-10-2018
    Reason For Adjournment: court time is over
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 14-11-2018
    
    Date: 14-11-2018
    Business: Plaintiff present. Advocate Mr. Nikhilesh Mishra i/b Adv. Gandhi for Plaintiff present and filed an application for withdrawal of suit with affidavit letter of Plaintiff t.o.r. O-Other side to say.
    Preceipe is marked as Exh.5
    Application for withdrawal of suit is marked as Exh.6.
    Advocate Ms. Tondwalkar for BMC/Deft present.
                                      VERIFICATION
    Plaintiff present with advocate Mr. Nikhilesh Mishra.  Plaintiff submitted that, he is withdrawing the suit unconditionally, hence verified.
    
    Heard Plaintiff\''s advocate Mr. Nikhilesh Mishra and Defendant\''s advocate Ms. Tondwalkar.  As Plaintiff is withdrawing suit unconditionally, permission is granted to withdraw the suit.
                                  ORDER BELOW EXH.1
    1. In view of withdrawal application Exh.5, suit stands disposed off as withdrawn.
    2. Notice of Motion No.1192/18 and Chamber Summons no.542/18 also stand disposed off accordingly.
    Nature Of Disposal: WITHDRAWL
    Disposal Date: 14-11-2018

    Additional Case Details

    Additional Case Details
    Filing Number: 104268/2018
    Filing Date: 21-03-2018
    First Hearing Date: 21st March 2018
    Decision Date: 14th November 2018
    Court Number And Judge: 11-COURT 02 ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1
    14 Nov 2018
    Order Details: Other
    Pdf Text: Plaintiff present. Advocate Mr. Nikhilesh Mishra i/b Adv. Gandhi for Plaintiff present and filed an
    application for withdrawal of suit with affidavit letter of Plaintiff t.o.r. O-Other side to say. Preceipe
    is marked as Exh.5 Application for withdrawal of suit is marked as Exh.6. Advocate Ms.
    Tondwalkar for BMC/Deft present. VERIFICATION Plaintiff present with advocate Mr. Nikhilesh
    Mishra. Plaintiff submitted that, he is withdrawing the suit unconditionally, hence verified. Heard
    Plaintiff&amp#039s advocate Mr. Nikhilesh Mishra and Defendant&amp#039s advocate
    Ms. Tondwalkar. As Plaintiff is withdrawing suit unconditionally, permission is granted to withdraw
    the suit. ORDER BELOW EXH.1 1. In view of withdrawal application Exh.5, suit stands disposed
    off as withdrawn. 2. Notice of Motion No.1192/18 and Chamber Summons no.542/18 also stand
    disposed off accordingly.
    -- 1 of 1 --
    Order 1
    14 Nov 2018
    Order Details: Other
    Pdf Text: Plaintiff present. Advocate Mr. Nikhilesh Mishra i/b Adv. Gandhi for Plaintiff present and filed an
    application for withdrawal of suit with affidavit letter of Plaintiff t.o.r. O-Other side to say. Preceipe
    is marked as Exh.5 Application for withdrawal of suit is marked as Exh.6. Advocate Ms.
    Tondwalkar for BMC/Deft present. VERIFICATION Plaintiff present with advocate Mr. Nikhilesh
    Mishra. Plaintiff submitted that, he is withdrawing the suit unconditionally, hence verified. Heard
    Plaintiff&amp#039s advocate Mr. Nikhilesh Mishra and Defendant&amp#039s advocate
    Ms. Tondwalkar. As Plaintiff is withdrawing suit unconditionally, permission is granted to withdraw
    the suit. ORDER BELOW EXH.1 1. In view of withdrawal application Exh.5, suit stands disposed
    off as withdrawn. 2. Notice of Motion No.1192/18 and Chamber Summons no.542/18 also stand
    disposed off accordingly.
    -- 1 of 1 --

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