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NOTICE OF MOTION

Jitendra Occharlal Shah (Suit No. 2294/VsMayur Jyoti CHSL

CNR MHCC01004375202066-COURT 66 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--OTHERWISE
Decision Date: 24th January 2025

TrustJury record updated 29 Sept 2026

Case Overview

Registration Number
101330/2020
Registration Date
05 Oct 2020

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    CODE OF CIVIL PROCEDURE · Sec 9

    Case History / Proceedings

    Case History
    Date: 05-10-2020
    Business: In view of the Standard Operating Procedure laid down by Hon\''ble Bombay High Court vide circulars dtd. 03.06.2020, 05.09.2020, 10.09.2020 in the wake of spread of COVID-19 pandemic the matter is adjourned owing to absence of the  parties.
    Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
    Next Hearing Date: 09-10-2020
    
    Date: 09-10-2020
    Business: Adv. Chetan Shaha for plaintiff present.
    Adjd to 16.10.2020 for filing affidavit of document.
    Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
    Next Hearing Date: 16-10-2020
    
    Date: 16-10-2020
    Business: In view of the Standard Operating Procedure laid down by Hon\''ble Bombay High Court vide circulars dtd. 03.06.2020, 05.09.2020, 10.09.2020 in the wake of spread of COVID-19 pandemic the matter is adjourned owing to absence of the  parties.
    Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
    Next Hearing Date: 22-01-2021
    
    Date: 22-01-2021
    Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
    Next Hearing Date: 03-03-2021
    
    Date: 03-03-2021
    Business: None for plaintiff.
    None for defendants.
    Due to spike in number of COVID-19 patients and/or affected persons in Maharashtra, the matter is adjourned without any proceeding today owing to absence of the parties.
    Adjd to 21.04.2021 for R/E.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 21-04-2021
    
    Date: 21-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 22-06-2021
    
    Date: 22-06-2021
    Business: None for parties.
    Due to Covid-19 pandemic, adjd. to 05.07.2021 for R/E.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 05-07-2021
    
    Date: 05-07-2021
    Business: Due to Covid-19
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 02-08-2021
    
    Date: 02-08-2021
    Business: Nobody present.
    Adjd for recording evidence to 03/09/2021
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 03-09-2021
    
    Date: 03-09-2021
    Business: Adv. Mr. Ramachandran For plaintiff present and stated that plaintiff has expired therefore he needs to take steps.
    Adjd for taking steps to 09/11/2021
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 09-11-2021
    
    Date: 09-11-2021
    Business: At 2.54 pm
    None for both parties.
    As per roznama dt. 03.09.2021 the adv. For plaintiff informed that plaintiff expired.
    On perusal of plaint it is the only plaintiff who has filed the suit against defendant society.
    Hence adjd for abatement of suit to 18/12/2021
    L. O at 3.38 pm
    Adv. Aditya Gupta For plaintiff present.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 18-12-2021
    
    Date: 18-12-2021
    Business: Adv. Ramchandran Narayanan for plaintiff is present and seeking adjournment.
    Adjd for steps to 22/02/2022.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 22-02-2022
    
    Date: 22-02-2022
    Business: Adv. Aditya Gupta For plaintiff present and stated that plaintiff expired and want to file chamber summons to bring on record the legal heirs.
    The said statement was made by adv. For plaintiff on 09.11.2021 but not taken steps yet. The limitation period to bring on record legal heirs on record passed long back. Hence abated.
    Adjd for order of abatement of suit  to 10/06/2022
    Next Purpose: ORDER
    Next Hearing Date: 10-06-2022
    
    Date: 10-06-2022
    Business: Adv. Aditya Gupta for plaintiff present and filed vakalatnama for LR of plaintiff t.o.r. marked as Exh.8
    He also filed draft NM with supporting affidavit for bringing Lrs of the plaintiff t.o.r. marked as Exh.9
    None for defendant.
    Matter is adjd.to 14-07-2022 for filing registered CS and
    affidavit of service regarding C/S.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 14-07-2022
    
    Date: 14-07-2022
    Business: None for plaintiff.
    Adv. R. N. Gaonkar for defendant present.
    Reference of draft NM as Exh. 9 into be typed in roznama dtd. 10-06-2022 in inadvertently. It be read as filing of draft C/S.
    LO at 3.50 pm.
    Adv.Aditya Gupta for plaintiff present  and filed registered C/S No.  807/22  with supporting affidavit. t.o.r.
    He also filed affidavit of service regarding C/S.
    Matter is adjd.to 29-08-2022 for filing registered C/S and reply.
    Next Purpose: REPLY
    Next Hearing Date: 29-08-2022
    
    Date: 29-08-2022
    Business: None for plaintiff.
    Adv. Vijay Vaghela for defendant present  and filed affidavit in reply in C/S No.  807/22 . t.o.r.
    He also place on record copy of  affidavit in reply in C/S No.  807/22 for plaintiff.
    Matter is adjd.to 19-11-2022 for C/S Hrg.
    Next Purpose: C/S ARGUMENTS
    Next Hearing Date: 19-11-2022
    
    Date: 19-11-2022
    Business: Adv. Indrajit Morya for plaintiff present and received copy of affidavit in reply in CS no 807/22.
    Adv. Abu Fazal Rizwani h/f Vijay Waghela for defendant  present.
    Matter is adjd.to 21-01-2023 for CS Hrg.
    Next Purpose: C/S ARGUMENTS
    Next Hearing Date: 21-01-2023
    
    Date: 21-01-2023
    Business: None for plaintiff.
    Adv. R. N. Gaonkar h/f Adv. Vijay Vaghela for defendant present.
    Matter is adjd.to 14-03-2023 for C/S  Hrg.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 14-03-2023
    
    Date: 14-03-2023
    Business: matter is adjourned to
    Next Purpose: C/S  HEARING
    Next Hearing Date: 20-04-2023
    
    Date: 20-04-2023
    Business: matter is adjourned to
    Next Purpose: C/S  HEARING
    Next Hearing Date: 28-06-2023
    
    Date: 28-06-2023
    Business: Adv. Ramchandra Narayan for applicant in ch/s no.807 of 2022.
    Adv. Mahi Lalka i/b Vijay Vaghela for defendant present and seek time for hearing. Time granted till next date.
    Matter adjourned for ch/s hearing to 13/09/2023.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 13-09-2023
    
    Date: 13-09-2023
    Business: None for plaintiff present.
    None for defendant present.
    Adv.  Ramchandra Narayan for applicant in ch/s no. 807 of 2022 present and ready to argue matter but none present for defendant, so matter lastly adjourned for hearing.
    Matter adjourned for hearing to 28/11/2023.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 28-11-2023
    
    Date: 28-11-2023
    Business: P. O. Is on leave
    Next Purpose: C/S  HEARING
    Next Hearing Date: 24-01-2024
    
    Date: 24-01-2024
    Business: P. O. is on leave, matter adjourned to
    Next Purpose: C/S  HEARING
    Next Hearing Date: 27-03-2024
    
    Date: 27-03-2024
    Business: PO is on leave, hence matter adjourned
    Next Purpose: C/S  HEARING
    Next Hearing Date: 14-06-2024
    
    Date: 14-06-2024
    Business: PO is on leave hence matter adjourned
    Next Purpose: C/S  HEARING
    Next Hearing Date: 07-08-2024
    
    Date: 07-08-2024
    Business: Adv. Ramchandra Narayan for Applicant present.
    Adv. Sujata D. Natekar for defendant present. She submits that reply to the chamber summons to be treated as argument.
    Heard the adv. for the plaintiff.
    Chamber summons 807/2022 is allowed. The plaintiff to carry out necessary amendment within 14 days of the order and file copy of amended plaint on record. Further reasons recorded separately.
    In view of the observations in order in chamber summons the plaintiff/applicants are directed to file reply to the notice of motion 1330/2020 on next date without fail. The plaintiff has to also submit how the suit is maintainable for want of proof of ownership of the suit property.
    Matter adjourned for Compliance to 27.09.2024.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 27-09-2024
    
    Date: 27-09-2024
    Business: Adv. Sayali Pathak i/b Narayanan for plaintiff present.
    Adv. Pradip Naik h/f Vijay for defendant present.
    Matter adjourned for compliance to 30/12/2024.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 30-12-2024
    
    Date: 30-12-2024
    Business: wrongly on board, matter adjourned to
    Next Purpose: COMPLIANCE
    Next Hearing Date: 07-01-2025
    
    Date: 07-01-2025
    Business: Adv. Ramchandran Narayanan for plaintiff present.(In morning session)
    Adv. Pradip Naik i/b Vijay Waghela for defendant present(In morning session)
    Kept back
    Adv. for defendant file documents along-with list marked Exh.15
    Adv. Sayali Patil for plaintiff filed affidavit in reply of notice of motion.
    Adv. for plaintiff filed appearance memo Exh.16
    Matter adjourned for Argument to 16.01.2025
    Next Purpose: S.CT.H.CT. TIME BOUND
    Next Hearing Date: 16-01-2025
    
    Date: 16-01-2025
    Business: Adv. Tejas Mishra for plaintiff present. He seeks time to file copy of amended plaint and comply direction dated 07/08/2024. Time granted till next date only.
    Advocate for the plaintiff nos. 1d, 1a and 1b, 1c respectivelly filed V/p at Exhibit-17 to 19.
    Adv. Vijay M. Vaghela for defendant present.
    Matter adjourned for NM reply/ compliance to 17/01/2025.
    Later on..
    Letter received from writ section. Marked as Exhibit-20 similar letter is received on 04/01/2025. Same is marked as exhibit-20/1.
    Next Purpose: S.CT.H.CT. TIME BOUND
    Next Hearing Date: 17-01-2025
    
    Date: 17-01-2025
    Business: None for plaintiff present.
    The plaintiff failed to comply direction dated 07/08/2024, hence kept for necessary order.
    Matter adjourned for order to 28/01/2025.
    Later on..
    Adv. Ramchandran Narayanan for plaintiff present and filed copy of amended plaint at Exhibit-1/A. Taken on record.
    Adv. Vijay Waghela for defendant present.
    Heard both sides on Notice of motion.  And Ld. Advocate for the plaintiff submit that his reply is answer to compliance of direction dated 07/08/2024.
    Matter adjourned to 18/01/2025 for NM order.
    Next Purpose: S.CT.H.CT. TIME BOUND
    Next Hearing Date: 18-01-2025
    
    Date: 18-01-2025
    Business: Adv. Sujata D/. Natekar a/w Ramchandran Narayanan for plaintiff present.
    Adv. Sayali Pathak a/w Vijay Waghela i/b Narayanan and Narayanan for defendant present and filed pursis at Exhibit-21 to dismissed the suit as  plaintiffs refused to comply with direction/order dated 07/08/2024. O- Kept for necessary order.
    Matter adjourned  for Order to 20/01/2025.
    Next Purpose: S.CT.H.CT. TIME BOUND
    Next Hearing Date: 20-01-2025
    
    Date: 20-01-2025
    Business: Adv. Sayali Pathak i/b Narayanan and Narayanan for plaintiff present.
    Notice of motion no. 1330 of 2020 partly allowed.
    Further Reasons Separately Recorded.
    Order dictated and pronounced in open court.
    the defendant to file certificate of the registration of the society, copy of register of member when Society was   formed and present copy of register of member and  also to file deed whereby the Society has acquired rights and interest over building known as Mayur Jyoti. Accordingly the defendant to file affidavit in compliance.
    Matter adjourned for compliance to 23/01/2025.
    Next Purpose: S.CT.H.CT. TIME BOUND
    Next Hearing Date: 23-01-2025
    
    Date: 23-01-2025
    Business: Adv. Ramchandra Narayan  for plaintiff present. He filed say on exhibit 21 taken on record and marked Exh. 22. The application at Exhibit-21 is not in prescribed form, hence filed. And Taken on record. The defendant is granted last chance to comply direction dated 20/01/2025 else necessary order will be passed.
    None for defendant.
    Matter adjourned for order to 28/01/2025.
    Next Purpose: S.CT.H.CT. TIME BOUND
    Next Hearing Date: 24-01-2025
    
    Date: 24-01-2025
    Business: already disposed of on 20.01.2025
    Nature Of Disposal: OTHERWISE
    Disposal Date: 24-01-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 104494/2020
    Filing Date: 05-10-2020
    First Hearing Date: 05th October 2020
    Decision Date: 24th January 2025
    Court Number And Judge: 66-COURT 66 ADDL SESSIONS JUDGE

    Orders

    3
    Final Order 2
    24 Jan 2025
    Order Details: Other
    Pdf Text: Back
    Daily Status
    IN THE COURT OF :COURT 66 ADDL SESSIONS JUDGE
    Case No. :NOTICE OF MOTION/0101330/2020
    Jitendra Occharlal Shah (Suit No. 2294/12) Vs Mayur Jyoti CHSL
    Date : 24-01-2025
    Business : already disposed of on 20.01.2025
    Nature of Disposal : OTHERWISE
    Disposal Date : 24-01-2025
    COURT 66 ADDL SESSIONS JUDGE
    -- 1 of 1 --
    Interim Order 1Full order available
    20 Jan 2025

    Order Details: Notice of Motion Pdf Text: N/m No. 1330/2020 in S.C.Suit No. 2294/12. 1 Order. MHCC010043752020 Presented on : 05-10-2020 Registered on : 05-10-2020 Decided on : 24-01-2025 Duration : 4 years, 3 months, 19 days IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. NOTICE OF MOTION NO. 1330 OF 2020 IN S. C. SUIT NO. 2294 OF 2012 Jitendra Ochhavlal Shah )...Plaintiff Versus Mayur Jyoti Co-operative Housing Society Ltd. )...Defendant Shri Ramchandran Narayanan, Advocate for the plaintiff. Shri…

    Read Full Order
    Order 1Full order available
    20 Jan 2025

    Order Details: Notice of Motion Pdf Text: N/m No. 1330/2020 in S.C.Suit No. 2294/12. 1 Order. MHCC010043752020 Presented on : 05-10-2020 Registered on : 05-10-2020 Decided on : 24-01-2025 Duration : 4 years, 3 months, 19 days IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. NOTICE OF MOTION NO. 1330 OF 2020 IN S. C. SUIT NO. 2294 OF 2012 Jitendra Ochhavlal Shah )...Plaintiff Versus Mayur Jyoti Co-operative Housing Society Ltd. )...Defendant Shri Ramchandran Narayanan, Advocate for the plaintiff. Shri…

    Read Full Order

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