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NOTICE OF MOTION

Sanjay Kumar Vidyaprasad Tiwari +1 moreVsRudranath Dukhaharan Tiwari +1 more

CNR MHCC0100400220189-COURT 09 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 17th September 2022

TrustJury record updated 11 Sept 2026

Case Overview

Registration Number
101253/2018
Registration Date
23 Mar 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    4

    Petitioner

    1. 1Sanjay Kumar Vidyaprasad Tiwari
    2. 2Prem Narayan Dwarika Prasad Tiwari

    Respondent

    1. 1Rudranath Dukhaharan Tiwari
    2. 2Shree Niwas Cotton Mills Ltd. And Ors.

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 15-06-2018
Reason For Adjournment: court time is over
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-09-2018

Date: 10-09-2018
Business: adj to 17/11/2018
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-11-2018

Date: 17-11-2018
Reason For Adjournment: court time is over
Next Purpose: COMPLIANCE
Next Hearing Date: 12-12-2018

Date: 12-12-2018
Reason For Adjournment: court time is over
Next Purpose: COMPLIANCE
Next Hearing Date: 21-12-2018

Date: 21-12-2018
Reason For Adjournment: court time is over
Next Purpose: COMPLIANCE
Next Hearing Date: 08-02-2019

Date: 08-02-2019
Reason For Adjournment: court time is over
Next Purpose: COMPLIANCE
Next Hearing Date: 08-03-2019

Date: 08-03-2019
Reason For Adjournment: court time is over
Next Purpose: COMPLIANCE
Next Hearing Date: 05-04-2019

Date: 05-04-2019
Business: Adjd
Next Purpose: COMPLIANCE
Next Hearing Date: 18-04-2019

Date: 18-04-2019
Next Purpose: COMPLIANCE
Next Hearing Date: 06-06-2019

Date: 06-06-2019
Next Purpose: COMPLIANCE
Next Hearing Date: 09-07-2019

Date: 09-07-2019
Business: Adv. Ajay Tiwai for the Plaintiff present.
Adv.Prabhu  for Defendant no. 4 present.
Adv. Asim for def. No. 2 present.
Adv. Rajnish Dubey for def. No. 1 present.
W.S. tender by Def. No. 1 Taken on record- R and R
W.S. tender by Def. No. 2 - Taken on record-R and R
FRSR - Following order is passed.
ORDER -
1) Notice of motion No. 587 of 2019 is hereby dismissed.
2) Notice of motion No. 587 of 2019 stands dispose of accordingly.
Matter is adjd. to 08.08.2019 for N.M hearing/ Additional W.S if any.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-08-2019

Date: 08-08-2019
Business: Adv. Ajay Tiwari for the Plaintiff present.
Adv. Rajnish Dubey for Defendant-1 present.
Adv. Azmi for Defendant no. 2 present.
Adv. Prabhu for MHADA Defendant no. 4 present.
Additional WS filed by Defendant no. 1. t.o.r.
Matter is adjd. to 11.09.2019 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-09-2019

Date: 11-09-2019
Business: None present  for the Plaintiff.
Adv. Rajnish Dubey for Defendant-1 present.
Adv. Mr. Asin for Defendant no. 2 present.
Adv. Prabhu for MHADA Defendant no. 4 present.
Court is busy in dictating orders in SU 1592/19. Hence, board discharged.
Matter is adjd. to 6.11.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-11-2019

Date: 06-11-2019
Business: None present for plaintiff .
Adv. Rajanish Dubey for Defendant no.2 present.
Matter is adjd. to 17.12.2019 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-12-2019

Date: 17-12-2019
Business: Adv. Ajay Tiwari  for   Plaintiff is present. He seeks time for NM hearing O granted.
Adv. Shukla for   Defendant  no 1 is present.
Adv. Asim for defendant no. 2 is present.
Matter is Adjd. for    NM hearing   to      17/01/2020   .
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-01-2020

Date: 17-01-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-03-2020

Date: 17-03-2020
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-06-2020

Date: 22-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-10-2020

Date: 01-10-2020
Business: Due to lockdown because of Covid-19, board is discharged and as per SOP only urgent matters are taken up.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-01-2021

Date: 22-01-2021

Date: 08-03-2021
Business: Adv. Tawari for the plaintiff
Adv. Anand Pandey  for the defendant No.1.
Adv. Mangal Kadam for defendant No.4.
On oral request of the ld. advocate for the plaintiff, matter is adjd. to 20/04/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-04-2021

Date: 20-04-2021
Business: Due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-07-2021

Date: 15-07-2021
Business: Adv. Mr. Manek Kalyoniwala along with Adv. Mr. Vipul Bilve I/b Mulla & Mulla for the plaintiffs present.
Adv. Mr. Zubin Dalal, Mr. Vikrant Zunjarao, Ms. Huzan Bhumgara I/b Zunjarrao & Co. for the defendants No.1 to 6  and 8 present.
Defendants No.1 to 6  and 8 already filed reply to NM No.1253/2021. Defendant No.7 failed to file reply to NM. Therefore, NM to proceed without reply of defendant No.7.
Advocate  for the plaintiffs\'' filed affidavit in rejoinder to NM No.1253/2021. It is t.o.r.
Already at Exh.3 the defendants No.1 to 3, 5 and 6 have filed WS. Defendants No.4, 7 and 8 have filed to file WS. Hence, the suit to proceed without WS against defendants No.4, 7 and 8.
Matter is adjd. to 26/07/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-07-2021

Date: 26-07-2021
Business: Court is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-08-2021

Date: 21-08-2021
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-10-2021

Date: 25-10-2021
Business: Court busy in dictating order in NM No. 2016/2019 (SU 1507/2019), NM No.2014/2019 (SU No.1508/2019), NM No.2016/2019 (SU No.1509/2019), NM No.2008/2019 (SU No. 1453/2019) and NM No.2013/2019 (SU 1455/2019). Hence, board is discharged.
Matter is adjd. to 03/12/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-12-2021

Date: 03-12-2021
Business: Adv Ms.Shweta Ayyangar present for the defendant no.2
Exh.     She filed VN for defendant no.2
As Court is busy in hearing arguments in SU 2095/21 of NM 2754/21, NM 2406/21, SU 2716/19 of NM 48/18, 6988/06 and by precipe matter. Hence, Board is discharged.
Matter is adjd. to 02.02.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-02-2022

Date: 02-02-2022
Business: Due to SOP only urgent matters are taken up.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-03-2022

Date: 24-03-2022
Business: None for plaintiff.
Adv.Mangal Kadam for defendant no. 4/MHADA present.
Matter is adjd. to 22-06-2022 for N/m hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-06-2022

Date: 22-06-2022
Business: None present for plaintiff.
Adv.Rajnish Dubey for defendant no. 1 present.
Perusing records it appears that matter is pending for N/m hearing since 06/06/2021.Plaintiff not present for hearing the N/m therefore plaintiff is directed to remain present for N/m hearing on next date. If plaintiff failed to present for N/m hearing on next date. Hearing of plaintiff will concluded and heard the defendant. Matter will be disposed of on merit.
Matter is adjd.08-07-2022  for  N/m hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-07-2022

Date: 08-07-2022
Business: None present for parties.
Plaintiff was directed to remain present for hearing if he failed his hearing will be concluded. Today plaintiff is absent for hearing of N/m. Defendant also absent. It appears that plaintiff does not want to proceed with this N/m. Hence put up for dismissal order on next date.
Matter is adjd. to 30-07-2022 for  N/m dismissal.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 30-07-2022

Date: 08-07-2022
Business: None present for parties.
Plaintiff was directed to remain present for hearing if he failed his hearing will be concluded. Today plaintiff is absent for hearing of N/m. Defendant also absent. It appears that plaintiff does not want to proceed with this N/m. Hence put up for dismissal order on next date.
Matter is adjd. to 30-07-2022 for  N/m dismissal.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 30-07-2022

Date: 30-07-2022
Business: Court is on leave, Hence matter is adjourned.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 30-08-2022

Date: 30-07-2022
Business: Court is on leave, Hence matter is adjourned.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 30-08-2022

Date: 30-08-2022
Business: None present for parties.
Matter is adjd. to 17.09.2022 for NM Dismissal.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 17-09-2022

Date: 30-08-2022
Business: None present for parties.
Matter is adjd. to 17.09.2022 for NM Dismissal.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 17-09-2022

Date: 17-09-2022
Business: None present for plaintiff
Adv. Mangal Kadam for defendant No.4/MHADA present.
Perusing record, it appears that plaintiff is absent for hearing the NM No. 1253/2018. The plaintiff was directed to remain present for hearing, but thereafter the plaintiff is absent for hearing the NM hence it appears that plaintiff does not want to proceed with NM. Hence, Notice of Motion No. 1253 of 2018 is hereby dismissed for want of prosecution.
Nature Of Disposal: DISMISSED
Disposal Date: 17-09-2022

Date: 17-09-2022
Business: None present for plaintiff
Adv. Mangal Kadam for defendant No.4/MHADA present.
Perusing record, it appears that plaintiff is absent for hearing the NM No. 1253/2018. The plaintiff was directed to remain present for hearing, but thereafter the plaintiff is absent for hearing the NM hence it appears that plaintiff does not want to proceed with NM. Hence, Notice of Motion No. 1253 of 2018 is hereby dismissed for want of prosecution.
Nature Of Disposal: DISMISSED
Disposal Date: 17-09-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 104419/2018
Filing Date: 23-03-2018
First Hearing Date: 15th June 2018
Decision Date: 17th September 2022
Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE

    Orders

    4
    Final Order 2
    29 Mar 2025
    Order Details: Other
Pdf Text: Daily Status
IN THE COURT OF :COURT 09 ADDL SESSIONS JUDGE
Case No. :SUIT/0101734/2015
1.Sanjay Kumar Vidyaprasad Tiwari 2.Prem Narayan Dwarika Prasad Tiwari Vs 1.Rudranath Dukhaharan Tiwari 2.Shree
Niwas Cotton Mills Ltd. And Ors.
Date : 29-03-2025
Business : None present for plaintiff. Advocate Shobit Shukla for
defendant no. 1 present. Adv. Kaizeen Mishtry present for
defendant no. 2. Perusal of the record shows that, the plaintiff
and his advocate are absent from dt. 24-03-22 and not taken
any steps to proceed with the matter. This shows that, the
plaintiff is not interested to proceed further with the suit.
Hence, the following order. ORDER 1) The suit is dismissed
for want of prosecution. 2) The Notice of Motion or Chamber
summons is also disposed of accordingly. 3) The suit is
disposed of accordingly.
Nature of Disposal : DISMISSED
Disposal Date : 29-03-2025
COURT 09 ADDL SESSIONS JUDGE
-- 1 of 1 --
    Final Order 1
    17 Sept 2022
    Order Details: Notice of Motion
Pdf Text: None present for plaintiff Adv. Mangal Kadam for defendant No.4/MHADA present. Perusing
record, it appears that plaintiff is absent for hearing the NM No. 1253/2018. The plaintiff was
directed to remain present for hearing, but thereafter the plaintiff is absent for hearing the NM
hence it appears that plaintiff does not want to proceed with NM. Hence, Notice of Motion No.
1253 of 2018 is hereby dismissed for want of prosecution.
-- 1 of 1 --
    Order 2
    29 Mar 2025
    Order Details: Other
Pdf Text: Daily Status
IN THE COURT OF :COURT 09 ADDL SESSIONS JUDGE
Case No. :SUIT/0101734/2015
1.Sanjay Kumar Vidyaprasad Tiwari 2.Prem Narayan Dwarika Prasad Tiwari Vs 1.Rudranath Dukhaharan Tiwari 2.Shree
Niwas Cotton Mills Ltd. And Ors.
Date : 29-03-2025
Business : None present for plaintiff. Advocate Shobit Shukla for
defendant no. 1 present. Adv. Kaizeen Mishtry present for
defendant no. 2. Perusal of the record shows that, the plaintiff
and his advocate are absent from dt. 24-03-22 and not taken
any steps to proceed with the matter. This shows that, the
plaintiff is not interested to proceed further with the suit.
Hence, the following order. ORDER 1) The suit is dismissed
for want of prosecution. 2) The Notice of Motion or Chamber
summons is also disposed of accordingly. 3) The suit is
disposed of accordingly.
Nature of Disposal : DISMISSED
Disposal Date : 29-03-2025
COURT 09 ADDL SESSIONS JUDGE
-- 1 of 1 --
    Order 1
    17 Sept 2022
    Order Details: Notice of Motion
Pdf Text: None present for plaintiff Adv. Mangal Kadam for defendant No.4/MHADA present. Perusing
record, it appears that plaintiff is absent for hearing the NM No. 1253/2018. The plaintiff was
directed to remain present for hearing, but thereafter the plaintiff is absent for hearing the NM
hence it appears that plaintiff does not want to proceed with NM. Hence, Notice of Motion No.
1253 of 2018 is hereby dismissed for want of prosecution.
-- 1 of 1 --

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