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NOTICE OF MOTION

Aziz Esmail DhariwalaVsMohmed Kaunian Mohd Ayub Shaikh

CNR MHCC0100464520181-COURT 01 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 13th March 2019

TrustJury record updated 11 Sept 2026

Case Overview

Registration Number
101482/2018
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: 26-04-2018
    Reason For Adjournment: court time is over
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 05-06-2018
    
    Date: 05-06-2018
    Reason For Adjournment: court time is over
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 09-07-2018
    
    Date: 09-07-2018
    Business: Court is on leave
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 08-08-2018
    
    Date: 08-08-2018
    Reason For Adjournment: court time is over
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 26-09-2018
    
    Date: 26-09-2018
    Reason For Adjournment: court time is over
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 30-10-2018
    
    Date: 30-10-2018
    Reason For Adjournment: court time is over
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 28-11-2018
    
    Date: 28-11-2018
    Reason For Adjournment: court time is over
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 31-01-2019
    
    Date: 31-01-2019
    Reason For Adjournment: court time is over
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 16-02-2019
    
    Date: 16-02-2019
    Business: Resumed.
    Adv. J. P. Thakkar for plaintiff and Adv. G. V. Mhatre for defendant are present.
    Adv. Mhatre tendered registered NM No. 535/2019.
    Adv. Thakkar tendered affidavit in reply to NM no. 535/2019. TOR.
    Adjd for NM arguments to 27.02.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-02-2019
    
    Date: 27-02-2019
    Business: Resumed.
    Adv. J. P. Thakkar for plaintiff and Adv. Mhatre for defendant are present.
    Adv. Mhatre filed rejoinder to the reply.
    Heard, respective advocates on NM No. 1482/2018 and 535/2019 and Court Receivers report No. 314/2018.
    Adjd for NM orders to 13.03.2019.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 13-03-2019
    
    Date: 13-03-2019
    Business: Resumed.
    None for plaintiff.  Adv. Mhatre for defendant is present.
    FRSR the following order is passed on NM No. 535/2019.
    ORDER
    1.  The Notice of Motion No. 535/2019 is dismissed.
    2.  Parties to bear their own costs of the notice of motion.
    FRSR the following order is passed on NM no. 1482/2018
    ORDER
    1.  The defendant is directed to deposit the arrears of royalty for period with effect from 10.08.2016 till 10.04.2019 @ of Rs. 9,000/- per month and execute agency agreement with the Court Receiver before 20th April, 2019.
    2.  If the defendant fails to comply with the aforesaid order within stipulated time, the Ld. Court Receiver is directed to take back the physical possession of the suit premises from the defendant forcibly and if required by breaking open the lock and with the protection of police.
    3.  The Ld. Court Receiver is directed to appoint the plaintiff or any other suitable person as an agent of the Court Receiver in respect of the suit premises on usual terms and conditions and on such royalty as per prevailing market rates and submit report before this Court on 30th April, 2019.
    4.   In the aforesaid terms the notice of motion no. 1482 of 2018 and the Court Receiver\''s Report no. 314 of 2018 are disposed off with a direction to the defendant to pay costs of the Court Receiver\''s report in the office of Court Receiver before 20th April, 2019.
    5.  The effect and implementation of this order is stayed till 8th April 2019 with a direction that it will not be extended further on any count.
    Adjd for cross examination of PW no.1 to  30.04.2019.
    Nature Of Disposal: DISMISSED
    Disposal Date: 13-03-2019

    Additional Case Details

    Additional Case Details
    Filing Number: 105069/2018
    Filing Date: 09-04-2018
    First Hearing Date: 26th April 2018
    Decision Date: 13th March 2019
    Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    13 Mar 2019

    Order Details: Notice of Motion Pdf Text: 1 Common Order-NM1482-18 in SU2783-14 IN THE CITY CIVIL COURT FOR GREATER BOMBAY AT BOMBAY. COMMON ORDER ON NOTICE OF MOTION NO.1482 OF 2018 (CNR no. MHCC010046452018) AND COURT RECEIVER'S REPORT NO. 314 OF 2018 IN L.C. SUIT NO. 2783 OF 2014 (CNR no. MHCC010103832014) Mr. Aziz Esmail Dhariwala ]..Plaintiff Versus Mohd. Kaunian Mohd. Ayub Shaikh ]... Defendant Coram : Dr. M. S. Deshpande, Judge (Court Room no. 01) Date : 13th March,…

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    Order 1Full order available
    13 Mar 2019

    Order Details: Notice of Motion Pdf Text: 1 Common Order-NM1482-18 in SU2783-14 IN THE CITY CIVIL COURT FOR GREATER BOMBAY AT BOMBAY. COMMON ORDER ON NOTICE OF MOTION NO.1482 OF 2018 (CNR no. MHCC010046452018) AND COURT RECEIVER'S REPORT NO. 314 OF 2018 IN L.C. SUIT NO. 2783 OF 2014 (CNR no. MHCC010103832014) Mr. Aziz Esmail Dhariwala ]..Plaintiff Versus Mohd. Kaunian Mohd. Ayub Shaikh ]... Defendant Coram : Dr. M. S. Deshpande, Judge (Court Room no. 01) Date : 13th March,…

    Read Full Order

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