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NOTICE OF MOTION

Ashok Chhaganlal WaghelaVsMagnam Developers

CNR MHCC0100411520181-COURT 01 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--ALLOWED
Decision Date: 17th August 2021

TrustJury record updated 11 Sept 2026

Case Overview

Registration Number
101292/2018
Registration Date
27 Mar 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Petitioner

    1. 1Ashok Chhaganlal Waghela

    Respondent

    1. 1Magnam Developers

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 03-04-2018
Business: Matter is adjd. to 12.04.2018 for Order on Ch/sum. Reply to N/M 1292/18.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 12-04-2018

Date: 12-04-2018
Business: court is on leave
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 25-04-2018

Date: 25-04-2018
Reason For Adjournment: court time is over
Next Purpose: COMPLIANCE
Next Hearing Date: 04-05-2018

Date: 04-05-2018
Reason For Adjournment: court time is over
Next Purpose: COMPLIANCE
Next Hearing Date: 14-06-2018

Date: 14-06-2018
Business: Matter is adjd. to 21.09.2018 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-09-2018

Date: 21-09-2018
Business: Adv Mr.Ashutosh for plff. present.
Adv Ms.Surbhi Gujar for defts present.
Adv for plff. has tendered registered Ch/s  1671/18.
On request of adv for deft Matter is adjd. to 26.10.2018 for ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 26-10-2018

Date: 26-10-2018
Business: Adv. for plff. present.
Adv. Ankush for defts. present.
In view of request of the adv. of plff. no objection adv. of deft. the earlier order is continue pending the hearing and disposal of the N/M
Matter is adjd. to. 26.11.2018 for reply to Ch/s No.1671/18.
E.O. to continue till next date.
Next Purpose: C/S REPLY
Next Hearing Date: 26-11-2018

Date: 26-11-2018
Business: Adv. for applicant of Ch/s is present.
None present for the deft
applicant to serve Ch/s on the deft and file report.
Matter is adjd. to.28.01.2019 for report of service on Ch/s
Next Purpose: C/S REPLY
Next Hearing Date: 28-01-2019

Date: 28-01-2019
Business: As Court is on leave, Board is discharge, Matter is adjd to. 11.04.2019
Next Purpose: C/S REPLY
Next Hearing Date: 11-04-2019

Date: 11-04-2019
Business: Matter is adjd. to. 05.07.2019  for report of service on the plff.
Next Purpose: C/S REPLY
Next Hearing Date: 05-07-2019

Date: 05-07-2019
Business: Adv.Ashok Koushik  for plff. present.
Deft and his adv. absent.
the record relies that since last two date the matter kept for awaiting chs. report. No record relief that the no service report from the defts. However it appears that mark of deft. The plff is directed to made effect to affidavit upon the deft and service the report on affd. on before next date.
Matter is adjd. to.21.08.2019  for report of service.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 21-08-2019

Date: 21-08-2019
Business: court is vacant.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 15-10-2019

Date: 15-10-2019
Business: Adv. Ashutosh Kaushik for plff present.
None for deft.
Advocate for plaintiff filed affidavit of service. TOR.
The plaintiff is directed to serve the defendants with chamber summons no. 1671/18 through court bailiff.
Adjd for 29.11.2019 for Service of Chamber summons.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 29-11-2019

Date: 29-11-2019
Business: Adjd for Ch/s Reply to 16.01.2020.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 16-01-2020

Date: 16-01-2020
Business: None for plaintiff.
Adv.Surbhi Gujar for defendant present.
Adv. Aarti Singh for applicant  present.
Order on C/S No. 1671/18 -
        Perused C/S. it is objected by other side. The instant C/S for bringing LRs of deceased plaintiff on record is file within limitation. Hence, C/S allowed. Necessary amendment be carried  out in the plaint on or before next date.
Adjd to 28-02-2020  for  Compliance .
Next Purpose: COMPLIANCE
Next Hearing Date: 28-02-2020

Date: 28-02-2020
Business: Adv. Ashutosh Kaushik for plaintiff present.
None for defendants.
Adjd to 19-03-2020  for compliance .
Next Purpose: COMPLIANCE
Next Hearing Date: 19-03-2020

Date: 19-03-2020
Business: None present In view of the advisory and guidelines issued by Hon\''ble High Court related to Corona virus, matter is adjourned to 07 /07/2020 at 2.45 pm for notice of motion.
Next Purpose: COMPLIANCE
Next Hearing Date: 07-07-2020

Date: 07-07-2020
Business: In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned to 11/09/2020.
Next Purpose: COMPLIANCE
Next Hearing Date: 11-09-2020

Date: 11-09-2020
Business: Due to Covid-19, the matter is adjourned at the stage, it was before lockdown, to 03.11.2020.
Next Purpose: COMPLIANCE
Next Hearing Date: 03-11-2020

Date: 03-11-2020
Business: Both the parties and their advs absent.  Due to COVID 19, the matter is adjd
Next Purpose: COMPLIANCE
Next Hearing Date: 14-01-2021

Date: 14-01-2021
Business: Adv. Arti Singh for plaintiff present.
None for deft.
Plaintiff has complied the order in Ch/sum no.1671/2018.  Plaintiff to serve writ of summons to deft. nos.5 and 6.  Plaintiff to serve the amended plaint to deft. nos.1 to 4 and to tender the same on the record.
Adv. for plaintiff tenders draft N/M.  Leave is granted to register.
The matter is adjd for service to 23.03.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 23-03-2021

Date: 23-03-2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-06-2021

Date: 22-06-2021
Business: As P.O is for conducting the training programme and assessing the performance of the Potential Trainer for 40 hrs Online Mediation Training Programme  for the Judicial Officers scheduled to be held from 21st to 25th June and 28th to 30th June,2021.
Matter adjd to 17/08/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-08-2021

Date: 17-08-2021
Business: Adv. Ashutosh Kaushik for plff is present.
Adv. Harish Pawar for deft no.1 to 4 is present.
Order below NM No. 1292/18
Perused the notice of motion which is supported by an affidavit. Heard both the sides. Prima facie the plaintiff appears to be settle possession of suit premises. As the possession is not disputed, the defendants are restrained from dispossessing the plaintiff without following due process of law till the disposal of present suit. The interim protection is in force since 05.05.2018 and the same can be continued till disposal of the suit. Hence, in the interest of Justice, I pass the following order-
                                             ORDER
Notice of Motion No.1292/18 is allowed and made absolute in terms of prayer clause (a). Notice of Motion is disposed of accordingly.
Matter adjd for directions on 10.11.2021.
Nature Of Disposal: ALLOWED
Disposal Date: 17-08-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 104529/2018
Filing Date: 27-03-2018
First Hearing Date: 03rd April 2018
Decision Date: 17th August 2021
Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1
    17 Aug 2021
    Order Details: Notice of Motion
Pdf Text: Back
Daily Status
IN THE COURT OF :COURT 01 ADDL SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0101292/2018
Ashok Chhaganlal Waghela Vs Magnam Developers
Date : 17-08-2021
Business : Adv. Ashutosh Kaushik for plff is present. Adv.
Harish Pawar for deft no.1 to 4 is present. Order
below NM No. 1292/18 Perused the notice of
motion which is supported by an affidavit. Heard
both the sides. Prima facie the plaintiff appears to be
settle possession of suit premises. As the possession
is not disputed, the defendants are restrained from
dispossessing the plaintiff without following due
process of law till the disposal of present suit. The
interim protection is in force since 05.05.2018 and
the same can be continued till disposal of the suit.
Hence, in the interest of Justice, I pass the following
order ORDER Notice of Motion No.1292/18 is
allowed and made absolute in terms of prayer
clause (a). Notice of Motion is disposed of
accordingly. Matter adjd for directions on
10.11.2021.
Nature of Disposal : ALLOWED
Disposal Date : 17082021
COURT 01 ADDL SESSIONS JUDGE
-- 1 of 1 --
    Order 1
    17 Aug 2021
    Order Details: Notice of Motion
Pdf Text: Back
Daily Status
IN THE COURT OF :COURT 01 ADDL SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0101292/2018
Ashok Chhaganlal Waghela Vs Magnam Developers
Date : 17-08-2021
Business : Adv. Ashutosh Kaushik for plff is present. Adv.
Harish Pawar for deft no.1 to 4 is present. Order
below NM No. 1292/18 Perused the notice of
motion which is supported by an affidavit. Heard
both the sides. Prima facie the plaintiff appears to be
settle possession of suit premises. As the possession
is not disputed, the defendants are restrained from
dispossessing the plaintiff without following due
process of law till the disposal of present suit. The
interim protection is in force since 05.05.2018 and
the same can be continued till disposal of the suit.
Hence, in the interest of Justice, I pass the following
order ORDER Notice of Motion No.1292/18 is
allowed and made absolute in terms of prayer
clause (a). Notice of Motion is disposed of
accordingly. Matter adjd for directions on
10.11.2021.
Nature of Disposal : ALLOWED
Disposal Date : 17082021
COURT 01 ADDL SESSIONS JUDGE
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