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NOTICE OF MOTION

Bhanumati W - o Laxmichand Savla - D -o Lalji Shah And AnrVsHemchand Lalji Shah And Anr

CNR MHCC0100463220187-COURT 07 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 26th August 2019

TrustJury record updated 11 Sept 2026

Case Overview

Registration Number
101477/2018
Registration Date
09 Apr 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 06-07-2018
    Business: None present for the parties.
    Kept back.
    Later on.
    Adv. Nandish Manik for plaintiff present.
    Adv. Sneha Patil for defendant No.2 present.
    He tenders registered NM No.1477/18.
    Adjd. to 23/07/2018 NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 23-07-2018
    
    Date: 23-07-2018
    Business: Adv. J.P. Thakkar for plaintiff present.
    None present for defendants.
    Plaintiff files affidavit of service of NM.
    By way of last opportunity, adjd. to 04/08/2018 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 04-08-2018
    
    Date: 04-08-2018
    Business: Adv. J.P. Thakkar for plaintiff present.
    Adv. Dhiraj Kamble for defendant No.1 present.
    At the request of Ld. Counsel for defendant, by way of last opportunity, adjd. to 16/08/2018 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-08-2018
    
    Date: 16-08-2018
    Business: Adv. Sandesh Manek for plaintiff present.
    Adv. Vaibhavi Pawar for defendant No.1 present.
    Adv. Khshbu Rupani for defendant No.2 present.
    Defendant No.1 files reply to NM.
    By way of last opportunity, adjd. to 03/09/2018 for NM rejoinder.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 03-09-2018
    
    Date: 03-09-2018
    Business: Adv. Nandesh Manek for plaintiff present.
    Adv. Suraj Kudalkar for defendant No.1 present.
    Adv. Khushbu Rupani for defendant No.2 present.
    Mr. Laxman Madgundi, representative of Court Receiver, High Court Bombay present.
    Plaintiff No.2 files affidavit in rejoinder to NM.
    Adjd. to 21/09/2018 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-09-2018
    
    Date: 21-09-2018
    Business: Adv. Nandesh Manek for plaintiff present.
    Adv. Vaibhavi Pawar for defendant No.1 present.
    Adv. Khusbu Rupani for defendant No.2 present.
    Mr. K.R. Nalawade, Asstt. Section Officer from the office of Court Receiver present.
    As the Hon\''ble Principal Judge is on leave today, adjd. to 19/10/2018 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-10-2018
    
    Date: 19-10-2018
    Business: Adv. J.P. Thakkar for plaintiff present.
    Adv. Suraj Kudalkar for defendant No.1 present.
    Adv. Khushbu Rupani for defendant No.2 present.
    Mr. Anil Nalawade, Asstt. Section Officer from the office of Court Commissioner present.
    Ld. Counsel for plaintiff seeks one week time to deposit the amount of initial charges of valuer. Time extend for one week.
    Court receiver to supply the copy of report to both the sides.
    Adjd. to 29/10/2018 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-10-2018
    
    Date: 29-10-2018
    Business: Plaintiff No.2 present.
    Adv. Dhiraj Kamble for defendant No.1 present.
    Mr. S.S. Toraskar, Section Officer of Court Receiver office present.
    Plaintiff undertakes to pay initial charges of Valuer today.
    Adjd. to 05/12/2018 for Court Receiver\''s Report.
    Next Purpose: REPORT OF COMISSIONER/COURT RECEIVER
    Next Hearing Date: 05-12-2018
    
    Date: 05-12-2018
    Business: Plaintiff No.2 present.
    Adv. Nandesh Manek for plaintiff present.
    Adv. Dhiraj Kamble for defendant No.1 present.
    Adv. Khushbu Rupani for defendant No.2 present.
    Mr. Anil Nalawade, Asstt. Section Officer from the office of Court Receiver, High Court Bombay present.
    Exh.5Report of Court Receiver.
    Adjd. to 17/01/2019 for objections and hearing on report Exh.5.
    Next Purpose: HEARING
    Next Hearing Date: 17-01-2019
    
    Date: 17-01-2019
    Business: Adv. Nandesh Manek for plaintiff present.
    Adv. Suraj Kudalkar for defendant present.
    Mr. S.S. Toraskar, Section Officer of Court Receiver present and submits that they called quotations from three different valuers but nobody turned up. Ld. officer requests some time to again issue reminders and to call quotations from three more valuers.
    Adjd to 27/02/2019 for report.
    Next Purpose: REPORT
    Next Hearing Date: 27-02-2019
    
    Date: 27-02-2019
    Business: None present for plaintiff.
    Adv. Hema Chabra for defendant No.2 present.
    Mr. A.R. Nalawade, Asstt. Section Officer of Court Receiver present.
    As the Court is vacant, adjd. to 08/03/2019 for report.
    Next Purpose: REPORT
    Next Hearing Date: 08-03-2019
    
    Date: 08-03-2019
    Business: Adv. J.P. Thakkar for plaintiff present.
    None present for defendant.
    Adjd. to 11/03/2019 for report.
    Next Purpose: REPORT
    Next Hearing Date: 11-03-2019
    
    Date: 11-03-2019
    Business: Matter adj. for Report to 19.07.2019.
    Next Purpose: REPORT
    Next Hearing Date: 19-07-2019
    
    Date: 19-07-2019
    Business: Adv. J. P. Thakkar for plaintiff present.
    Adv. Pawar for defendant no. 1 present.
    Heard both sides.
    Ld. counsel for plaintiff submitted that ld. court receiver has partly complied with order passed by this court and some meeting have already taken place. Matter is urgent and needs to be heard on early date. Ld. counsel for plaintiff undertakes to intimate the ld. court receiver to attend the court on next date.
    Matter stands Adj for hearing on NM to 05.08.19.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 05-08-2019
    
    Date: 05-08-2019
    Business: Matter called out at (3.25pm)
    Plaintiff in person present.
    Adv.Vaibhavi Pawar for defendant present.
    Defendant no.1 in person present.
    Matter is Adjd. to 21/08/19 for hearing on N/M No.1477/18
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-08-2019
    
    Date: 21-08-2019
    Business: Matter called out (3.31pm)
    Adv. for plaintiff present.
    Adv.Vaibhavi Pawar for defendant no.1 present.
    Heard both the side on N/M No.1477/18.
    Matter adj for order on N/M No.1477/18 on 26/08/19.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 26-08-2019
    
    Date: 26-08-2019
    Business: Matter called out(4.57pm)
    Adv.for plaintiff present.
    Adv.for defendant present.
    F.R.S.R following order is passed on N/M No.1477/18
    ORDER
    1.Notice of Motion No. 1477 of 2018 is hereby allowed.
    2.The Court Receiver is hereby directed to hand over the photocopies of 19 diaries at his cost.
    3.The Court Receiver is directed to auction the household and domestic used articles found in the suit premises except valuables i.e. Gold and Silver.
    4.The plaintiff and defendant are also entitled to participate in the said auction.
    5.The Court Receiver is hereby directed to appoint BMC Penal Architect and take estimated cost of repair and submit the report to this Court immediately as far as possession within parties of one month from the receipt of present order.
    6.Notice of Motion No. 1477 of 2018 is disposed off accordingly.
    Nature Of Disposal: ALLOWED
    Disposal Date: 26-08-2019

    Additional Case Details

    Additional Case Details
    Filing Number: 105063/2018
    Filing Date: 09-04-2018
    First Hearing Date: 06th July 2018
    Decision Date: 26th August 2019
    Court Number And Judge: 7-COURT  07 ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    26 Aug 2019

    Order Details: Notice of Motion Pdf Text: NM 1477-18 in S.C. Suit No.391 of 2013 1 Date : 26.08.2019 IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI NOTICE OF MOTION NO. 1477 OF 2018 IN S.C.SUIT NO.391 OF 2013 (CNR NO.MHCC010046322018) Bhanumati w/o. Laxmichand Savla & Anr. ..Plaintiffs Versus Hemchand Lalji Shah & Ars. .. Defendants Appearances : Adv. for plaintiff present. Adv. for defendant present. Coram : His Honour Judge A.H.Laddhad Additional Judge CR No. : 7 Date…

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    Order 1Full order available
    26 Aug 2019

    Order Details: Notice of Motion Pdf Text: NM 1477-18 in S.C. Suit No.391 of 2013 1 Date : 26.08.2019 IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI NOTICE OF MOTION NO. 1477 OF 2018 IN S.C.SUIT NO.391 OF 2013 (CNR NO.MHCC010046322018) Bhanumati w/o. Laxmichand Savla & Anr. ..Plaintiffs Versus Hemchand Lalji Shah & Ars. .. Defendants Appearances : Adv. for plaintiff present. Adv. for defendant present. Coram : His Honour Judge A.H.Laddhad Additional Judge CR No. : 7 Date…

    Read Full Order

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