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NOTICE OF MOTION

Nifisa S. Setrangiwala And OrsVsVidya D. Bhambal And Ors

CNR MHCC0100404920181-COURT 01 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 13th February 2019

TrustJury record updated 11 Sept 2026

Case Overview

Registration Number
101270/2018
Registration Date
26 Mar 2018

Advocates

1

For Petitioner

    Not available

    For Respondent

    Parties

    2

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 27-03-2018
    Reason For Adjournment: court time is over
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 23-04-2018
    
    Date: 23-04-2018
    Reason For Adjournment: court time is over
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 13-06-2018
    
    Date: 13-06-2018
    Reason For Adjournment: court time is over
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 11-07-2018
    
    Date: 11-07-2018
    Reason For Adjournment: court time is over
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 28-08-2018
    
    Date: 28-08-2018
    Reason For Adjournment: court time is over
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 06-09-2018
    
    Date: 06-09-2018
    Reason For Adjournment: court time is over
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 15-10-2018
    
    Date: 15-10-2018
    Business: Adv Puranik for Plaintiff present.
    Adv Suresh Gole for Defendant present.
    The court is busy in dictating Judgment in Suit No.8845/00. Hence board is discharged.
    Matter is adj to 05.12.2018 for NM hearing.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 05-12-2018
    
    Date: 05-12-2018
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 21-01-2019
    
    Date: 21-01-2019
    Business: Court is on leave. Hence, adjd. to
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 13-02-2019
    
    Date: 13-02-2019
    Business: Resumed.
    Adv. R. D. Thorat for plaintiff and Adv. Suresh Gode for defendants are present.
    Heard, respective advocates on NM No. 1270/2018.  The defendants have taken out this motion seeking to set aside an order of ex-parte hearing with a further relief to allow them to file  w.s. by condoning delay.  The Ld adv. for defendants submitted that considering the nature of reliefs claimed, the defendants should be given an opportunity to contest the suit on merits.
           On the other hand, the Ld. Adv for plaintiffs strongly opposed to grant any such relief.
          Considering the rival submissions and the nature of suit i.e. for declaration and permanent and mandatory injunction, it is just proper and expedient to set aside the order of ex-parte hearing and further to permit the defendant to contest the suit on merits, in order to avoid multiplicity of proceedings.  Therefore, the following order is passed -
    ORDER
    1.  The NM No. 1270 of 2018 is made absolute in terms of prayer clause (a) and (b) subject to payment of costs of Rs. 5000/-, to be paid or deposited in the Court within a period of one week from today.
    2.  On complying with the aforesaid order the W.S. will be taken on record.
    Adjd for compliance to 20.02.2019.
    Nature Of Disposal: ALLOWED
    Disposal Date: 13-02-2019

    Additional Case Details

    Additional Case Details
    Filing Number: 104460/2018
    Filing Date: 26-03-2018
    First Hearing Date: 27th March 2018
    Decision Date: 13th February 2019
    Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    13 Feb 2019

    Order Details: Notice of Motion Pdf Text: Page-1 Back Daily Status IN THE COURT OF :COURT 1 ADDL SESSIONS JUDGE Case No. :NOTICE OF MOTION/0101270/2018 Nifisa S. Setrangiwala And Ors Vs Vidya D. Bhambal And Ors Date : 13-02-2019 Business : Resumed. Adv. R. D. Thorat for plaintiff and Adv. Suresh Gode for defendants are present. Heard, respective advocates on NM No. 1270/2018. The defendants have taken out this motion seeking to set aside an order of ex-parte hearing with…

    Read Full Order
    Order 1Full order available
    13 Feb 2019

    Order Details: Notice of Motion Pdf Text: Page-1 Back Daily Status IN THE COURT OF :COURT 1 ADDL SESSIONS JUDGE Case No. :NOTICE OF MOTION/0101270/2018 Nifisa S. Setrangiwala And Ors Vs Vidya D. Bhambal And Ors Date : 13-02-2019 Business : Resumed. Adv. R. D. Thorat for plaintiff and Adv. Suresh Gode for defendants are present. Heard, respective advocates on NM No. 1270/2018. The defendants have taken out this motion seeking to set aside an order of ex-parte hearing with…

    Read Full Order

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