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NOTICE OF MOTION

Bharathan Suresh BabuVsDinesh Patel

CNR MHCC01004677201859-Court 59 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--ALLOWED
Decision Date: 19th October 2023

TrustJury record updated 11 Sept 2026

Case Overview

Registration Number
101492/2018
Registration Date
09 Apr 2018

Advocates

1

For Respondent

    Not available

    Parties

    2

    Respondent

    1. 1Dinesh Patel

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 13-06-2018
    Business: Adv. Prashant Gupta for pltff present.
    Matter adjd to 6.8.2018 for Notice of motion.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 06-08-2018
    
    Date: 06-08-2018
    Business: Adv.  Prashant Gupta for pltff  present.
    Adv. for deft. absent.
    Matter adjd to 10.10.2018 for Notice of motion.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 10-10-2018
    
    Date: 10-10-2018
    Business: Adv. Ms. Khan for pltff  present.
    Adv. for deft. absent.
    Matter adjd to 29.11.2018 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 29-11-2018
    
    Date: 29-11-2018
    Business: Adv. Prashant Gupta for pltff  present.
    Adv. for deft absent.
    Adv. for pltff tender affidavit of service to N/M no. 1492/18
    Matter adjd to 25.1.2019 for Order.
    Next Purpose: ORDER
    Next Hearing Date: 25-01-2019
    
    Date: 25-01-2019
    Business: Both the parties and adv absent.
    Service not complete in N/M no. 1492/2018
    Matter adjd to  27.2.2019 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 27-02-2019
    
    Date: 27-02-2019
    Business: Adv. Prashant Gupta for pltff  present.
    Adv. for deft. absent.
    On oral request of pltff matter adjourned till next date.
    Matter adjd to 15.4.2019 for Service.
    Next Purpose: SERVICE
    Next Hearing Date: 15-04-2019
    
    Date: 15-04-2019
    Business: Court is on leave.
    Next Purpose: SERVICE
    Next Hearing Date: 15-06-2019
    
    Date: 15-06-2019
    Business: court is on Leave
    Next Purpose: SERVICE
    Next Hearing Date: 20-08-2019
    
    Date: 20-08-2019
    Business: Adv. Ms. Neharukh Khan for plaintiff, prayed for adjd.
    None for defendant present.
    Matter is adjd. for service on 19.11.2019.
    Next Purpose: SERVICE
    Next Hearing Date: 19-11-2019
    
    Date: 19-11-2019
    Business: Adv. Prashant Gupta  for plaintiff present and he tendered register Motion of 1492/2018.
    Application filed by along with affidavit for substitute service through paper publication.
    O- Application is allowed.
    Adjd. for compliance  to 06/01/2020
    Next Purpose: COMPLIANCE
    Next Hearing Date: 06-01-2020
    
    Date: 06-01-2020
    Next Purpose: COMPLIANCE
    Next Hearing Date: 10-03-2020
    
    Date: 10-03-2020
    Business: Holiday on 10/3/2020 i.e. Dhulivandan (Holi).
    Hence adjourned to 28/3/2020.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 28-03-2020
    
    Date: 28-03-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: COMPLIANCE
    Next Hearing Date: 09-04-2020
    
    Date: 09-04-2020
    Business: National Lockdown due to Covid 19
    Next Purpose: COMPLIANCE
    Next Hearing Date: 21-04-2020
    
    Date: 21-04-2020
    Business: National Lockdown due to Covid 19
    Next Purpose: COMPLIANCE
    Next Hearing Date: 12-05-2020
    
    Date: 12-05-2020
    Business: National Lockdown due to Covid 19
    Next Purpose: COMPLIANCE
    Next Hearing Date: 01-06-2020
    
    Date: 01-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: COMPLIANCE
    Next Hearing Date: 18-06-2020
    
    Date: 18-06-2020
    Next Purpose: COMPLIANCE
    Next Hearing Date: 17-09-2020
    
    Date: 17-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: COMPLIANCE
    Next Hearing Date: 11-12-2020
    
    Date: 11-12-2020
    Business: None present.
    Today matter is for compliance of order dated 19-11-2019 regarding substitute service.
    Perused roznama/noting dated 19-11-2019. On that day plaintiff advocate had filed application alongwith affidavit for substitute service through Paper Publication, it was allowed.
    The Hon\''ble High Court directed as per clause 4 of SOP dt. 27/11/2020 under the title of Judicial and Administrative work not to pass any adverse order owing to the absence of the advocates, parties, witnesses or accused persons.
    Matter adjd for compliance to 08-02-2021.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 08-02-2021
    
    Date: 08-02-2021
    Business: Adv. Prashant Gupta for plaintiff present.
    Adjd for compliance to 28/04/2021
    Next Purpose: COMPLIANCE
    Next Hearing Date: 26-03-2021
    
    Date: 26-03-2021
    Business: BY Precipe
    Adv. for plaintiff present.
    Precipe is filed to change the caption in the roznama
    Heard adv. for plaintiff. The plaintiff was present on last date 08.02.2021 and was well aware of the steps to be taken by plaintiff.
    The roznama of the court is recorded about the proceedings of that day therefore the same cannot be changed.
    Precipe is not tenable hence rejected.
    Plaintiff is at liberty to take steps if any incase he so desires on next date.
    Already adjd to 28/04/2021
    Next Purpose: COMPLIANCE
    Next Hearing Date: 28-04-2021
    
    Date: 28-04-2021
    Business: Court is vacant
    Next Purpose: COMPLIANCE
    Next Hearing Date: 17-07-2021
    
    Date: 17-07-2021
    Business: Due to COVID-19 matter adj. to
    Next Purpose: COMPLIANCE
    Next Hearing Date: 30-08-2021
    
    Date: 30-08-2021
    Business: Board is discharged.  Matter adj. to
    Next Purpose: COMPLIANCE
    Next Hearing Date: 15-10-2021
    
    Date: 15-10-2021
    Business: adj to
    Next Purpose: COMPLIANCE
    Next Hearing Date: 16-10-2021
    
    Date: 16-10-2021
    Business: Court is vacant
    Next Purpose: COMPLIANCE
    Next Hearing Date: 23-10-2021
    
    Date: 23-10-2021
    Business: Court is vacant
    Next Purpose: COMPLIANCE
    Next Hearing Date: 17-12-2021
    
    Date: 17-12-2021
    Business: Court is Vacant.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 04-02-2022
    
    Date: 04-02-2022
    Business: COURT IS VACANT
    Next Purpose: COMPLIANCE
    Next Hearing Date: 17-03-2022
    
    Date: 17-03-2022
    Business: Both parties and their advocate absent.
    Adjd on 06.07.2022 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 06-07-2022
    
    Date: 06-07-2022
    Business: Matter called out at 3.42 pm
    Adv Bhavana Enmul I/b V.R.Gupta and Associates for plff present
    None for Defendant
    Record shows that plff has still not filed service affidavit regarding service of NM.  Plff is directed to file the same.
    Matter is adjd on 14.09.2022 for Reply
    Next Purpose: REPLY
    Next Hearing Date: 14-09-2022
    
    Date: 14-09-2022
    Business: None present
    Matter is adjd on 17.11.2022 for Reply
    Next Purpose: REPLY
    Next Hearing Date: 17-11-2022
    
    Date: 17-11-2022
    Business: Adv Bhavna Rajesh Enmul h/f V.R. Gupta & Associates for plff present.
    None for defendant
    Matter is adjd on10/01/2023  for reply
    Next Purpose: REPLY
    Next Hearing Date: 10-01-2023
    
    Date: 10-01-2023
    Business: Matter called out at 3.16 pm
    None for plff
    None for defendant
    Matter is adjd on 03.03.2023 for NM Reply
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 03-03-2023
    
    Date: 03-03-2023
    Business: Court is busy in hearing argument in SU 1374/17 and dictating order in Nm 624/21, Nm 2583/22, Nm 205/23 hence board discharged.
    Matter is adjd on 17-04-2023 for Nm hearing.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-04-2023
    
    Date: 17-04-2023
    Business: Adv. Bhavna Enmul for plaintiff present and tendered registered Nm  1492/18 along with affidavit. TOR.
    None for defendant.
    Adv. for plaintiff tendered affidavit of service. TOR.
    Defendant has not filed reply.
    Nm shall proceed without reply.
    Matter is adjd on 30-06-2023 for Nm hearing.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 30-06-2023
    
    Date: 30-06-2023
    Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    As court is busy in dictating order in N/M No.2908/17,C/S No.1594/2022, NM 969/2023 and SUIT 234/17 hence, second session remaining board is discharged with directions parties may mark their appearance, file necessary application with Sheristedar.
    Matter is adj to 10/08/2023 for reply on N/M.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 10-08-2023
    
    Date: 10-08-2023
    Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    None present.
    Matter is adj to 19/10/2023 for reply on N/M.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 19-10-2023
    
    Date: 19-10-2023
    Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    None present.
    kept back.
    Later on at 3.19pm
    Adv. Bhavna Enmul h/f Adv.V.R.Gupta and Associates for plaintiff present.
    None for defendant.
    Heard Ld.Adv. for plaintiff.
    Kept back for order.
    F.R.S.R
    Notice of Motion No.1492 of 2018 is allowed.
    Dictated and pronounced in open court.
    Nature Of Disposal: ALLOWED
    Disposal Date: 19-10-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 105108/2018
    Filing Date: 09-04-2018
    First Hearing Date: 13th June 2018
    Decision Date: 19th October 2023
    Court Number And Judge: 59-Court 59 ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    19 Oct 2023

    Order Details: Notice of Motion Pdf Text: Order on Notice of Motion No. 1492 of 2018 MHCC010046772018 IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI NOTICE OF MOTION NO.1492 of 2018 IN S. C. SUIT NO.2981 of 2014. Mr. Bharathan Suresh Babu. ...Plaintiff/ … Applicant. In the matter of :- Mr. Bharathan Suresh Babu. ..Plaintiff V/s. Me. Dinesh Patel ..Defendant. Appearances :- Adv.Bhavana Enmul h/f Adv V.R.Gupta & Associates, for plaintiff. None for defendant Coram : Shri.U. C. Deshmukh.…

    Read Full Order
    Order 1Full order available
    19 Oct 2023

    Order Details: Notice of Motion Pdf Text: Order on Notice of Motion No. 1492 of 2018 MHCC010046772018 IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI NOTICE OF MOTION NO.1492 of 2018 IN S. C. SUIT NO.2981 of 2014. Mr. Bharathan Suresh Babu. ...Plaintiff/ … Applicant. In the matter of :- Mr. Bharathan Suresh Babu. ..Plaintiff V/s. Me. Dinesh Patel ..Defendant. Appearances :- Adv.Bhavana Enmul h/f Adv V.R.Gupta & Associates, for plaintiff. None for defendant Coram : Shri.U. C. Deshmukh.…

    Read Full Order

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