NOTICE OF MOTION
Shri Kishor Babu Kadam - Suit Stamp No 4296 of 2018VsHusmukh Meghji Ladhu And Ors
CNR MHCC0100432820183-COURT 03 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHERWISE
Decision Date: 11th October 2022
TrustJury record updated 11 Sept 2026
Case Overview
- Registration Number
- 101373/2018
- Registration Date
- 03 Apr 2018
Advocates
1For Petitioner
For Respondent
Not available
Parties
2Respondent
Acts & Sections
1Public Premises (Eviction of Unauthorised Occupants) Act · Sec 9
Case History / Proceedings
Case History
Date: 18-06-2018
Business: Adv. P.N. Kulkarni for plaintiff present and tendered original notice of motion no.,1373/2018.
As per the postal endorsement on the envelope of D-2, it is \''unclaimed\''. Hence the D-2 is deem to be served. The original envelope is returned to the plaintiff.
Ld. Counsel for plaintiff undertakes to file affidavit of service in respect of other defendants.
Matter adj. for Affidavit of Service and NM Hearing to 24.08.2018.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 24-08-2018
Date: 24-08-2018
Business: Matter adj. for Compliance to 13.11.2018.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 13-11-2018
Date: 13-11-2018
Business: Matter adj. for Affidavit of Service to 25.03.2019.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 25-03-2019
Date: 25-03-2019
Business: Matter adj. for Affidavit of Service to 31.07.2019.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 31-07-2019
Date: 31-07-2019
Business: main suit adjn to 26.09.19.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 26-09-2019
Date: 26-09-2019
Business: None present for plaintiff and defendant.
Matter stands Adj for affidavit of service to 29.11.19.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 29-11-2019
Date: 29-11-2019
Business: Court is busy in dictating order in NM no. 804/19(in Suit no. 3650/13) and in Commercial St. no. 13040/19. Hence, board is discharged.
Matter stands Adj for filing affidavit of service to 29.01.2020.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 29-01-2020
Date: 29-01-2020
Business: Court is busy in dictating Judgment in Commercial Suit no. 86/19 and suit no. 1775/15. Hence Board is discharged.
Matter stands Adj for filing affidavit of service to 03.03.2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-03-2020
Date: 03-03-2020
Business: Both parties and their advocates. Affidavit of service not filed. Time granted as last chance
Matter stands Adj for filing affidavit of service on 21.04.2020
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 21-04-2020
Date: 21-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 12-05-2020
Date: 12-05-2020
Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 77 of 2020 matter adjourned.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 01-06-2020
Date: 01-06-2020
Business: In view of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-06-2020
Date: 18-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 24-09-2020
Date: 24-09-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 31-10-2020
Date: 31-10-2020
Business: Court is on leave
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 07-12-2020
Date: 07-12-2020
Business: None present for plaintiff and defendant.
Matter stands Adj for Affidavit of service to 28.01.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 28-01-2021
Date: 28-01-2021
Business: None present.
The case is adjourned to 02.03.2021 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 02-03-2021
Date: 02-03-2021
Business: None present.
KB
LO at 2.49pm
None present.
The case is adjourned to 28.04.2021 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 28-04-2021
Date: 28-04-2021
Business: Adjourned due to COVID-19 pandemic.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-07-2021
Date: 17-07-2021
Business: Court is vacant
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-09-2021
Date: 18-09-2021
Business: Matter called out at 3.20 p.m.
None present.
Matter stands adjourned to 08.11.2021
Judge
Next Purpose: FOR___________________
Next Hearing Date: 08-11-2021
Date: 08-11-2021
Business: Matter called out at 3.24 p.m.
None present.
Matter stands adjourned to 18.01.2022 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-01-2022
Date: 18-01-2022
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-02-2022
Date: 16-02-2022
Business: Matter called out at 2.55 p.m.
None present.
Matter stands adjourned to 16.04.2022 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-04-2022
Date: 16-04-2022
Business: Court is on leave
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-06-2022
Date: 08-06-2022
Business: None present.
Issue notice of appearance to the parties through bailiff/RPAD.
Matter stands adjourned to 05.08.2022 for appearance.
Next Purpose: FOR APPERANCE
Next Hearing Date: 05-08-2022
Date: 05-08-2022
Business: None present.
Report awaited.
Matter stands adjourned to 11.10.2022 for report of notice.
Next Purpose: REPORT OF NOTICE
Next Hearing Date: 11-10-2022
Date: 11-10-2022
Business: None present.
Bailiff report received. TOR. Exh.03-colly.
Notice of appearance was issued by this court to the plaintiff on registered address mentioned in the plaint. However, as per report Exh.03-colly, the plaintiff is not found at the given address. On inquiry, it is informed that plaintiff has changed residence and details of new address are not known. As per the provisions of Order VI Rule 14-A(2) of CPC (Bombay High Court Amendment) every change of address is required to be intimated to the adverse parties, as well as to the court. However, the plaintiff failed to submit the new address to the court. Thus, in view of provisions of Order VI Rule 14-A sub-rule(5) clause (a), the suit deserves to be dismissed in default for not submitting the changed registered address. In the result, I proceed to pass the following order.
Suit is dismissed in default for non submission of changed registered
address. Proceeding is hereby closed.
As the suit is dismissed, nothing survives in NM No.1373/2018 and
CS No.1382/2018. Hence, disposed of accordingly.
Nature Of Disposal: OTHERWISE
Disposal Date: 11-10-2022Additional Case Details
Additional Case Details
Filing Number: 104772/2018 Filing Date: 03-04-2018 First Hearing Date: 18th June 2018 Decision Date: 11th October 2022 Court Number And Judge: 3-COURT 03 ADDL SESSIONS JUDGE
Orders
2Final Order 111 Oct 2022
11 Oct 2022
Order Details: Other Pdf Text: 11.10.2022 SU 1603/18 Exh.03colly NM 1373/18 CS 1382/18 CORAM : H.H.J. SHRI SHAIKH AKBAR SHAIKH JAFAR (CR. 03) None present. Bailiff report received. TOR. Exh.03colly . Notice of appearance was issued by this court to the plaintiff on registered address mentioned in the plaint. However, as per report Exh.03colly, the plaintiff is not found at the given address. On inquiry, it is informed that plaintiff has changed residence and details of new address are not known. As per the provisions of Order VI Rule 14A(2) of CPC (Bombay High Court Amendment) every change of address is required to be intimated to the adverse parties, as well as to the court. However, the plaintiff failed to submit the new address to the court. Thus, in view of provisions of Order VI Rule 14A subrule(5) clause (a), the suit deserves to be dismissed in default for not submitting the changed registered address. In the result, I proceed to pass the following order. Suit is dismissed in default for non submission of changed registered address. Proceeding is hereby closed. As the suit is dismissed, nothing survives in NM No.1373/2018 and CS No.1382/2018. Hence, disposed of accordingly. Judge -- 1 of 1 --
Order 111 Oct 2022
11 Oct 2022
Order Details: Other Pdf Text: 11.10.2022 SU 1603/18 Exh.03colly NM 1373/18 CS 1382/18 CORAM : H.H.J. SHRI SHAIKH AKBAR SHAIKH JAFAR (CR. 03) None present. Bailiff report received. TOR. Exh.03colly . Notice of appearance was issued by this court to the plaintiff on registered address mentioned in the plaint. However, as per report Exh.03colly, the plaintiff is not found at the given address. On inquiry, it is informed that plaintiff has changed residence and details of new address are not known. As per the provisions of Order VI Rule 14A(2) of CPC (Bombay High Court Amendment) every change of address is required to be intimated to the adverse parties, as well as to the court. However, the plaintiff failed to submit the new address to the court. Thus, in view of provisions of Order VI Rule 14A subrule(5) clause (a), the suit deserves to be dismissed in default for not submitting the changed registered address. In the result, I proceed to pass the following order. Suit is dismissed in default for non submission of changed registered address. Proceeding is hereby closed. As the suit is dismissed, nothing survives in NM No.1373/2018 and CS No.1382/2018. Hence, disposed of accordingly. Judge -- 1 of 1 --
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