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NOTICE OF MOTION

Mr. Ashish Jayantilal ShethVsMrs. Kuntal Pratik Shah

CNR MHCC01004361201813-COURT 13 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 29th October 2021

TrustJury record updated 11 Sept 2026

Case Overview

Registration Number
101379/2018
Registration Date
03 Apr 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: 06-07-2018
    Reason For Adjournment: court time is over
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 30-07-2018
    
    Date: 30-07-2018
    Business: Adv. Bandal for Plaintiff present.  He tendered affidavit in reply to NM taken out by Defendant.
    Adv. Vreneele Cardoz I/b Das Associates for Defendant present.
    Adjourned to 23.08.2018 for NM Hrg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-08-2018
    
    Date: 23-08-2018
    Business: Court is vacant.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-11-2018
    
    Date: 01-11-2018
    Business: Court is vacant.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-02-2019
    
    Date: 18-02-2019
    Business: Wrongly on board
    Adjd to 26/3/19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-03-2019
    
    Date: 26-03-2019
    Business: Adv. Mr. Balasaheb Deshmukh for plaintiff present.
    Adv. Mr. Prasad Das for defendant present.
    Adjd to 18/06/19 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-06-2019
    
    Date: 18-06-2019
    Business: Adv. for plaintiff present.
    Defendant and his advocate absent.
    Defendant to argue Notice of motion on next date failing which the Notice of motion will be decided without argument of defendant.
    Adjd for NM arguments to 25/07/2019.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 25-07-2019
    
    Date: 25-07-2019
    Business: Adv. Balasaheb Deshmukh for plaintiff present.
    Adv. Rupali Padgulekar I/b Das Associates for defendant present.
    Heard Adv. Deshmukh for plaintiff and Adv. Rupali for defendant.
    Adjd for NM arguments to 30/07/2019.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 30-07-2019
    
    Date: 30-07-2019
    Business: Adv. Mr. Balasaheb Deshmukh for Plaintiff present.
    Adv. Mr. Vijay Mangarule for defts. Present.
    Adjd. to 17/09/19 fr NM argument.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 17-09-2019
    
    Date: 17-09-2019
    Business: Court is on leave
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 05-10-2019
    
    Date: 05-10-2019
    Business: Adv. Rupali Padgulekar for defendant present.
    Adjd for NM arguments to 15/11/2019
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 15-11-2019
    
    Date: 15-11-2019
    Business: Adv. Rupali Padgulekar for defendant present.
    Plaintiff and adv. for plaintiff absent.
    Adjd for NM arguments to 20/01/2020
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 20-01-2020
    
    Date: 20-01-2020
    Business: Adv. Rupali Padgulekar for defendant present.
    Nobody present on behalf of plaintiff.
    Adjd for  NM  arguments to 20/03/2020.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 20-03-2020
    
    Date: 20-03-2020
    Business: court is on leave
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 01-07-2020
    
    Date: 01-07-2020
    Business: Due to lockdown, nobody present hence adjourned.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 19-08-2020
    
    Date: 19-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 05-10-2020
    
    Date: 05-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 17-12-2020
    
    Date: 17-12-2020
    Reason For Adjournment: court time is over
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 12-04-2021
    
    Date: 12-04-2021
    Business: The Hon''ble Principal Judge of City Civil and Sessions Court, Gr. Bombay as per Office Order No. 78/2021 dtd. 09.04.2021 in pursuance of the Hon''ble Bombay High Court Letter No. RG/1611/32/2021 dtd. 09.04.2021 declared holiday for the court on Monday 12.04.2021 so as to take precautionary measures and to break the chain of Corona virus, and court will be functioning on Saturday, 12.06.2021 (Second Saturday) in lieu of aforesaid holiday, to maintain 235 Court Working days in the Calendar year.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 12-06-2021
    
    Date: 12-06-2021
    Business: In view of Office Order No. 104/2021 dated 10.06.2021, as holiday declared on 12.06.2021, Hence matter is adjd to
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 04-08-2021
    
    Date: 04-08-2021
    Business: Adv. Balasaheb Deshmukh for plaintiff present.
    None for defendant.
    Time granted for argument of NM.
    Matter adjd for NM hearing to 03-09-2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-09-2021
    
    Date: 03-09-2021
    Business: Adv. Balasaheb Deshmukh for plaintiff present.
    None for defendant.
    Heard Ld Adv. for plaintiff on NM No. 1379 of 2018.
    Matter adjd for NM for Hearing of defendant/Order to 05.10.2021.
    Later on at 3.54 pm.
    Adv. Vijay Mangurle for defendant present
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-10-2021
    
    Date: 03-09-2021
    Business: Adv. Balasaheb Deshmukh for plaintiff present.
    None for defendant.
    Heard Ld Adv. for plaintiff on NM No. 1379 of 2018.
    Matter adjd for NM for Hearing of defendant/Order to 05.10.2021.
    Later on at 3.54 pm.
    Adv. Vijay Mangurle for defendant present
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-10-2021
    
    Date: 05-10-2021
    Business: Adv. Balasaheb Deshmukh for plaintiff present.
    None for defendant.
    KB later on at 3.34 pm.
    Defendant absent and failed to argue on NM.
    Matter adjd for NM order to 29.10.2021.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 29-10-2021
    
    Date: 05-10-2021
    Business: Adv. Balasaheb Deshmukh for plaintiff present.
    None for defendant.
    KB later on at 3.34 pm.
    Defendant absent and failed to argue on NM.
    Matter adjd for NM order to 29.10.2021.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 29-10-2021
    
    Date: 05-10-2021
    Business: Adv. Balasaheb Deshmukh for plaintiff present.
    None for defendant.
    KB later on at 3.34 pm.
    Defendant absent and failed to argue on NM.
    Matter adjd for NM order to 29.10.2021.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 29-10-2021
    
    Date: 29-10-2021
    Business: Adv.  Balasaheb Deshmukh  for plaintiff present.
    Adv.  Vijay  Mangarule  for defendant present.
    F.R.S.R. following order in Notice of Motion no. 1379 of 2018 in Summary Suit no. 452 of 2016 is passed-
    ORDER
    1. The Notice of Motion no. 1379 of 2018 is allowed subject to payment of costs of Rs.2,000/- (Rs. Two Thousand only) to be paid to the plaintiff on next date without fail.
    2. After payment of costs the defendant shall file his reply to the Summons for judgement.
    3. The delay in filing reply to the Summons for judgement is condoned.
    4. Parties to bear their own costs.
    Learned advocate for plff prayed to stay the effect of the order. It seems that the order has been passed subject of payment of cost to be paid on next date. Till time there is no application for depositing the cost. Hence the question of stay does not arise.
    Matter adjd for compliance to 01/12/2021.
    Nature Of Disposal: ALLOWED
    Disposal Date: 29-10-2021
    
    Date: 29-10-2021
    Business: Adv.  Balasaheb Deshmukh  for plaintiff present.
    Adv.  Vijay  Mangarule  for defendant present.
    F.R.S.R. following order in Notice of Motion no. 1379 of 2018 in Summary Suit no. 452 of 2016 is passed-
    ORDER
    1. The Notice of Motion no. 1379 of 2018 is allowed subject to payment of costs of Rs.2,000/- (Rs. Two Thousand only) to be paid to the plaintiff on next date without fail.
    2. After payment of costs the defendant shall file his reply to the Summons for judgement.
    3. The delay in filing reply to the Summons for judgement is condoned.
    4. Parties to bear their own costs.
    Learned advocate for plff prayed to stay the effect of the order. It seems that the order has been passed subject of payment of cost to be paid on next date. Till time there is no application for depositing the cost. Hence the question of stay does not arise.
    Matter adjd for compliance to 01/12/2021.
    Nature Of Disposal: ALLOWED
    Disposal Date: 29-10-2021
    
    Date: 29-10-2021
    Business: Adv.  Balasaheb Deshmukh  for plaintiff present.
    Adv.  Vijay  Mangarule  for defendant present.
    F.R.S.R. following order in Notice of Motion no. 1379 of 2018 in Summary Suit no. 452 of 2016 is passed-
    ORDER
    1. The Notice of Motion no. 1379 of 2018 is allowed subject to payment of costs of Rs.2,000/- (Rs. Two Thousand only) to be paid to the plaintiff on next date without fail.
    2. After payment of costs the defendant shall file his reply to the Summons for judgement.
    3. The delay in filing reply to the Summons for judgement is condoned.
    4. Parties to bear their own costs.
    Learned advocate for plff prayed to stay the effect of the order. It seems that the order has been passed subject of payment of cost to be paid on next date. Till time there is no application for depositing the cost. Hence the question of stay does not arise.
    Matter adjd for compliance to 01/12/2021.
    Nature Of Disposal: ALLOWED
    Disposal Date: 29-10-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 104787/2018
    Filing Date: 03-04-2018
    First Hearing Date: 06th July 2018
    Decision Date: 29th October 2021
    Court Number And Judge: 13-COURT 13 ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    29 Oct 2021

    Order Details: Notice of Motion Pdf Text: MHCC010043612018 CNR NO. MHCC010043612018 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY NOTICE OF MOTION NO.1379 OF 2018 IN SUMMARY SUIT NO.452 OF 2016 Mr. Ashish Jayantilal Sheth ] … Plaintiff V/s. Mrs. Kuntal Pratik Shah ] ... Defendant Appearances :- Ld. Adv. Mr. Balasaheb Deshmukh for plaintiff. Ld. Adv. Mr. Vijay Mangurle for defendant. CORAM : HIS HONOUR JUDGE SMT. R.K. KSHIRSAGAR (C.R.No.13) DATED : 29th October, 2021 ORAL ORDER 1. The…

    Read Full Order
    Order 1Full order available
    29 Oct 2021

    Order Details: Notice of Motion Pdf Text: MHCC010043612018 CNR NO. MHCC010043612018 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY NOTICE OF MOTION NO.1379 OF 2018 IN SUMMARY SUIT NO.452 OF 2016 Mr. Ashish Jayantilal Sheth ] … Plaintiff V/s. Mrs. Kuntal Pratik Shah ] ... Defendant Appearances :- Ld. Adv. Mr. Balasaheb Deshmukh for plaintiff. Ld. Adv. Mr. Vijay Mangurle for defendant. CORAM : HIS HONOUR JUDGE SMT. R.K. KSHIRSAGAR (C.R.No.13) DATED : 29th October, 2021 ORAL ORDER 1. The…

    Read Full Order

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