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NOTICE OF MOTION

M/s. Chhogmal Dalichand and Co +2 moreVsRajesh Ratanshi Gada +2 more

CNR MHCC0100392420183-COURT 03 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 19th July 2018

TrustJury record updated 11 Sept 2026

Case Overview

Registration Number
101219/2018
Registration Date
22 Mar 2018

Advocates

1

For Petitioner

    Not available

    For Respondent

    Parties

    6

    Petitioner

    1. 1M/s. Chhogmal Dalichand and Co
    2. 2Deepak Bhawanji Sethia
    3. 3Mahendrakumar Prabhudas SelarkaAndOrs

    Respondent

    1. 1Rajesh Ratanshi Gada
    2. 2Mr Lakhamsi Ratanshi Gada
    3. 3Sheth Mororji Mulji Charitable Trust AndOrs

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 29-06-2018
Business: Matter adj. for NM Hearing to 19.07.2018.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 19-07-2018

Date: 19-07-2018
Business: Adv. Ghosalkar for plaintiff present.
Adv. R.J. Thakkar for defendant present.
NM No.1219/2018 is filed by defendants for framing preliminary issues. In view of deletion of section 9A of CPC, the preliminary issues mentioned in this notice of motion can be considered while framing issues in the suit. A regards the objection of defendants regarding maintainability of the suit, the said point is kept open to be urged when the notice of motion of plaintiff ie NM No.2018/2017 is heard. Hence notice of motion no.1219/2018 is disposed of.
Heard both sides in NM No.2018/2017 partly. The Ld. Counsel for plaintiff submits that he will address the Court on the point of remedy for challenging the sanction order of Charity Commissioner and on the point of locus. He undertakes to submit orders/Judgments passed by Hon\''ble Bombay High Court in similar cases.
Nature Of Disposal: DISMISSED
Disposal Date: 19-07-2018

    Additional Case Details

    Additional Case Details
    Filing Number: 104255/2018
Filing Date: 22-03-2018
First Hearing Date: 29th June 2018
Decision Date: 19th July 2018
Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1
    19 Jul 2018
    Order Details: Other
Pdf Text: 19.07.2018
SU 1110/17
CORAM : G.R. AGRAWAL, JUDGE (C.R. No.03)
Adv. Ghosalkar for plaintiff present.
Adv. R.J. Thakkar for defendant present.
NM No.1219/2018 is filed by defendants for framing preliminary
issues. In view of deletion of section 9A of CPC, the preliminary
issues mentioned in this notice of motion can be considered while
framing issues in the suit. A regards the objection of defendants
regarding maintainability of the suit, the said point is kept open to
be urged when the notice of motion of plaintiff ie NM No.2018/2017
is heard. Hence notice of motion no.1219/2018 is disposed of.
Heard both sides in NM No.2018/2017 partly. The Ld. Counsel for
plaintiff submits that he will address the Court on the point of
remedy for challenging the sanction order of Charity Commissioner
and on the point of locus. He undertakes to submit
orders/Judgments passed by Hon'ble Bombay High Court in similar
cases.
Matter adj. for Compliance and Further Arguments in NM
No.2018/2017 to 01.09.2018.
Judge
-- 1 of 1 --
    Order 1
    19 Jul 2018
    Order Details: Other
Pdf Text: 19.07.2018
SU 1110/17
CORAM : G.R. AGRAWAL, JUDGE (C.R. No.03)
Adv. Ghosalkar for plaintiff present.
Adv. R.J. Thakkar for defendant present.
NM No.1219/2018 is filed by defendants for framing preliminary
issues. In view of deletion of section 9A of CPC, the preliminary
issues mentioned in this notice of motion can be considered while
framing issues in the suit. A regards the objection of defendants
regarding maintainability of the suit, the said point is kept open to
be urged when the notice of motion of plaintiff ie NM No.2018/2017
is heard. Hence notice of motion no.1219/2018 is disposed of.
Heard both sides in NM No.2018/2017 partly. The Ld. Counsel for
plaintiff submits that he will address the Court on the point of
remedy for challenging the sanction order of Charity Commissioner
and on the point of locus. He undertakes to submit
orders/Judgments passed by Hon'ble Bombay High Court in similar
cases.
Matter adj. for Compliance and Further Arguments in NM
No.2018/2017 to 01.09.2018.
Judge
-- 1 of 1 --

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