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NOTICE OF MOTION

Neeta Kaur Indrapal SinghVsCharanjit Kaur Flora And Ors

CNR MHCC0100468020183-COURT 03 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--OTHER
Decision Date: 11th April 2023

TrustJury record updated 11 Sept 2026

Case Overview

Registration Number
101493/2018
Registration Date
09 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: 26-04-2018
    Business: Adv. Jinal Gogari for plaintiff present.
    Adv. Rashmi Arabekar for defendant present.
    She tenders registered NM No.1493/18.
    Adjd. to 27/04/2018 for NM reply as a last chance.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 27-04-2018
    
    Date: 27-04-2018
    Business: Adv. Jinal Gogari for plaintiff present.
    Adv. Alok Bagla for defendant present.
    Plaintiff files reply to NM 1493/18. Copy be served to other side.
    Adjd. to 14/06/2018 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-06-2018
    
    Date: 14-06-2018
    Business: Adv. Vikrant Makhare for plaintiff present.
    Adv. Ramesh Tiwari for defendant present.
    Ld. Counsel for defendant submits that a similar suit is pending before Hon\''ble High Court and application O-12 R-6 is pending for hearing. Ld. Counsel requests for time.
    Adjd. to 02/07/2018 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-07-2018
    
    Date: 02-07-2018
    Business: Adv. Vikrant Makhare for plaintiff present.
    Adv. Ramesh Tiwari for defendant present.
    Ld. Counsel for defendant submits that suit for similar issue is pending before Hon\\\''ble High Court and application under O-12 R-6 is pending for hearing.
    Adjd. to 31/07/2018 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 31-07-2018
    
    Date: 31-07-2018
    Business: None present for the plaintiff.
    Adv. Ramesh Tiwari for defendant present.
    He submits that in the Hon\''ble High Court, matter is kept on 07/08/2018.
    Adjd. to 14/08/2018 for directions.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 14-08-2018
    
    Date: 14-08-2018
    Business: Adv. Vikrant Makhare for plaintiff present.
    Adv. Ramesh Tiwari for defendants present.
    Ld. Counsel for defendants is directed to proceed with the NM.
    At the request of Ld. Counsel for defendants, by way of last opportunity, adjd. to 19/09/2018 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-09-2018
    
    Date: 19-09-2018
    Business: Adv. Vikrant Makhare with Adv. Jinal Gogari for
    plaintiff present.
    Adv. Ramesh Tiwari for defendant present.
    As the Hon\''ble Principal Judge is on leave today,
    Adjd. to 10/10/2018 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-10-2018
    
    Date: 10-10-2018
    Business: Adv. Ramesh Tiwari for plaintiff present.
    Adv. Vikrant Makhare with Adv. Jinal Gogari for defendant present.
    I have heard Ld. Counsel for the defendant. After hearing the Ld. Counsel, I do not find it a fit case to pass any judgment under Order 12 Rule 6 at this stage i.e. the state of recording evidence of defendant. NM will be decided alongwith the suit.
    Adjd. to 23/10/2018 for hearing on documents.
    Next Purpose: FOR___________________
    Next Hearing Date: 23-10-2018
    
    Date: 23-10-2018
    Business: None present for the parties.
    Kept back.
    Later on.
    Adv. Jinal Gogari for plaintiff present.
    Adv. Ramesh Tiwari for defendant present.
    Exh.22Application by defendant for production of certified copy of document. Production allowed.
    Exh.20AAddl. list of documents of defendant.
    Heard both sides on marking the documents.
    Adjd. to 29/10/2018 for marking documents.
    Next Purpose: FOR___________________
    Next Hearing Date: 29-10-2018
    
    Date: 29-10-2018
    Business: Adv. Vikrant Makhare for plaintiff present.
    Adv. Ramesh Tiwari for defendant present.
    Heard both sides on marking documents. Perused the affidavit of evidence.
    Considering the nature of documents and averments in affidavit, documents at Sr.No.1 and 2 and document below Exh.20A are exhibited.
    Exh.23Original Probate dtd.28/04/2017.
    Exh.24Original Will dtd. 05/09/1997.
    Exh.25Certified copy of the order dtd.15/11/2017 in suit No.613/14.
    Adjd. to 27/11/2018 for report of Court Commissioner.
    Next Purpose: REPORT OF COMISSIONER/COURT RECEIVER
    Next Hearing Date: 27-11-2018
    
    Date: 27-11-2018
    Business: Adv. Vikrant Makhare for plaintiff present.
    Adv. Ramesh Tiwari for defendant present.
    Adjd. to 13/12/2018 for Commissioner\''s report.
    Next Purpose: REPORT OF COMISSIONER/COURT RECEIVER
    Next Hearing Date: 13-12-2018
    
    Date: 13-12-2018
    Business: Adv. Vikrant Makhare for plaintiff present.
    Adv. Ramesh Tiwari for defendants present.
    Adjd. to 14/01/2019 for report of Court Commissioner.
    Next Purpose: REPORT OF COMISSIONER/COURT RECEIVER
    Next Hearing Date: 14-01-2019
    
    Date: 14-01-2019
    Business: Adv. Jinal Gograi for plaintiff present.
    Adv. Ramesh Tiwari for defendant present.
    Adjd. to 05/02/2019 for report of Court Commissioner.
    Next Purpose: REPORT OF COMISSIONER/COURT RECEIVER
    Next Hearing Date: 05-02-2019
    
    Date: 05-02-2019
    Business: 05/02/2019  THE HON\''BLE PRINCIPAL JUDGE IS ON LEAVE TODAY
    Suit 6788/04, NM 1493/18 Adv. Vikrant Makhare for plaintiff present.
    Adv. Ramesh Tiwari for defendant present.
    As the Hon\''ble Principal Judge is on leave today, adjd. to 22/02/2019 for report of Commissioner.
    Next Purpose: REPORT OF COMISSIONER/COURT RECEIVER
    Next Hearing Date: 22-02-2019
    
    Date: 22-02-2019
    Business: Adv. Vikrant Makare for plaintiff present.
    Adv. Ramesh Tivari for defendants present.
    As the Court is vacant, adjd. to 15.03.2019 for commissioner report.
    Next Purpose: REPORT OF COMISSIONER/COURT RECEIVER
    Next Hearing Date: 15-03-2019
    
    Date: 15-03-2019
    Business: Matter adj. for Reply and Hearing to 22.04.2019.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 22-04-2019
    
    Date: 22-04-2019
    Reason For Adjournment: court time is over
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 24-09-2019
    
    Date: 24-09-2019
    Business: Adv. Makhare for plaintiff present.
    representative of defendant present and advocate absent.
    At the request of defendant, Matter stands Adj for hearing 14.10.19.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 14-10-2019
    
    Date: 14-10-2019
    Business: None present for plaintiff.
    Adv. Rashmi Tambadkar for defendant present.
    Matter stands Adj for hearing to 11.11.19.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 11-11-2019
    
    Date: 11-11-2019
    Business: Adv. Vikrant Makhare for plaintiff present.
    Adv. Deepal Kagla for defendant present.
    By consent, Matter stands Adj for hearing to 05.12.19.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 05-12-2019
    
    Date: 05-12-2019
    Business: Adv. Gogari for plaintiff present.
    Adv. Bagla for defendant present and submitted that her senior is not available for hearing on Ex-27. Hence, prayed for adjournment. Adjournment granted.
    Matter stands Adj for Hearing on Ex-27 to 14.01.2020.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 14-01-2020
    
    Date: 14-01-2020
    Business: Adv. Vaibhav Ghogre for plaintiff present.
    Adv. Rashmi Tambadkar for defendant present and prayed for adjournment. Adjournment granted.
    Matter stands Adj for Hearing to 27.02.2020.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 27-02-2020
    
    Date: 27-02-2020
    Business: Adv. Magre for plaintiff present.
    Adv. Bagla for defendant present.
    By consent, Matter stands Adj for hearing to 27.04.2020.
    Next Purpose: HEARING
    Next Hearing Date: 27-04-2020
    
    Date: 27-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: HEARING
    Next Hearing Date: 18-05-2020
    
    Date: 18-05-2020
    Business: In view of declaration of Novel Corona Virus(COVID-19) as global pandemic by WHO and as per office order No. 77 of 2020, matter adjourned.
    Next Purpose: HEARING
    Next Hearing Date: 05-06-2020
    
    Date: 05-06-2020
    Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 83 of 2020 matter adjourned.
    Next Purpose: HEARING
    Next Hearing Date: 23-06-2020
    
    Date: 23-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: HEARING
    Next Hearing Date: 08-07-2020
    
    Date: 08-07-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: HEARING
    Next Hearing Date: 11-09-2020
    
    Date: 11-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: HEARING
    Next Hearing Date: 30-09-2020
    
    Date: 30-09-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: HEARING
    Next Hearing Date: 22-10-2020
    
    Date: 22-10-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: HEARING
    Next Hearing Date: 01-12-2020
    
    Date: 01-12-2020
    Business: None present for plaintiff and defendant.
    Matter stands Adj for hearing to 22.01.2021.
    Next Purpose: HEARING
    Next Hearing Date: 22-01-2021
    
    Date: 22-01-2021
    Business: None present.
    The case is adjourned to 03.03.2021 for hearing.
    Next Purpose: HEARING
    Next Hearing Date: 03-03-2021
    
    Date: 03-03-2021
    Business: None for Plaintiff.
    Advocate Ms. Dipali Bagra for all defendants present and seeks time to argue on application Exh. 27.
    The case is adjourned to 03.04.2021 for hearing.
    Next Purpose: HEARING
    Next Hearing Date: 03-04-2021
    
    Date: 03-04-2021
    Business: Advocate Ms. Jeenal Gogri for plaintiff present.
    None for defendant.
    The case is adjourned to 27.04.2021 for hearing.
    Next Purpose: HEARING
    Next Hearing Date: 27-04-2021
    
    Date: 27-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: HEARING
    Next Hearing Date: 18-06-2021
    
    Date: 18-06-2021
    Business: In view of office order No. 100/2021 dtd. 04.06.2021  of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dtd. 16.04.2021 issued by Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases and the views of stakeholders, the matter is adjourned.
    Next Purpose: HEARING
    Next Hearing Date: 28-07-2021
    
    Date: 28-07-2021
    Business: Court is vacant.
    Next Purpose: HEARING
    Next Hearing Date: 11-08-2021
    
    Date: 11-08-2021
    Business: Matter called out at 03.04 p.m.
    Adv. Vikrant Makhare I/b M/s Negandhi Shah & Himayatullah for plaintiff present.
    Adv. for defendant absent.
    Keep back
    Later on 3.30 p.m.
    Adv. Vikrant Makhare I/b M/s Negandhi Shah & Himayatullah for plaintiff present.
    Adv. for defendant absent.
    By consent, matter stands adjourned to 01.09.2021 for hearing.
    Next Purpose: HEARING
    Next Hearing Date: 01-09-2021
    
    Date: 01-09-2021
    Business: Matter called out at 11.36 p.m.
    Plaintiff absent
    Adv. Mayank Bagla I/b Bagla & Associates for defendant present.
    Kept back for afternoon session
    Later on at 2.57 p.m
    Adv. Vaibhav Ghogare a/w Vikrant Makhare I/b Negandhi Shah & Himayatullah for plaintiff present.
    Adv. Mayank Bagla I/b Bagla & Associates for defendant present.
    Heard both the sides on Exh.27.
    Matter stands adjourned to 02.09.2021 for order below Exh.27.
    Next Purpose: HEARING
    Next Hearing Date: 02-09-2021
    
    Date: 02-09-2021
    Business: None present.
    F.R.S.R. following order is passed in Exh.27
    ORDER
    1.	Application below Exh. 27 in Suit No. 6788 of 2004 is hereby rejected.
    2.	Parties to bear their own cost.
    3.	Application stands disposed of accordingly.
    Matter stands adjourned to 03.09.2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-09-2021
    
    Date: 03-09-2021
    Business: None present.
    Court is busy in recording evidence of SU 2194/09, SU 8472/00, SU 8473/00 and SU 9563/99.
    Matter stands adjourned to 08.09.2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-09-2021
    
    Date: 08-09-2021
    Business: Matter called out at 04.34 p.m.
    Adv. Vikrant Makhare I/b Negandhi Shah & Himayatullah for plaintiff present.
    Adv. Bagla for defendant present.
    Ld. Advocate for defendant made a statement that they may challenge order date 02.09.2021 passed below Exh.27. Therefore, they are seeking time.
    Matter stands adjourned to 20.09.2021 for filing of pursis.
                                                                                                Judge
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-09-2021
    
    Date: 20-09-2021
    Business: Matter called out at 12.50 p.m.
    None present for plaintiff.
    Adv. Bagla for defendants present.
    He tendered evidence closing pursis. TOR. Exh.29
    O-Seen and filed.
    Matter stands adjourned to 08.10.2021 for hearing.
    At 01.15 p.m.
    Adv. Vikrant Makhare I/b M. S. Negandhi Shah & Co. for plaintiff
    present.
    Matter already adjourned to 08.10.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-10-2021
    
    Date: 08-10-2021
    Business: Matter mentioned at 11.25 a.m.
    Adv. Vikrant Makhare I/b Negandhi Shah and Himayatullah for plaintiff present.
    Adv. Mr. Bagala for defendant present.
    Both the sides informed that they are trying to settle the matter.
    Adjournment allowed by way of last chance.
    Advocate for defendant requested for date after Diwali.
    O-Allowed.
    In the event, parties fail to negotiate they will have to either argue the matter finally or they can file written submissions on record.
    Matter stands adjourned to 15.11.2021 for Argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 15-11-2021
    
    Date: 15-11-2021
    Business: Matter mentioned at 11.26 a.m.
    Adv. Vaibhav Ghogre @ Vikrant Makhare and Jinal Gogri I/b Negandhi Shah and Himayattulah for plaintiff present.
    Adv. Mr. Bagala for defendant present.
    Heard both the sides.
    Parties informed that they are in the progress of settlement talk.  They are also ready to refer the matter to judge mediator.  Hence, matter is referred to judge mediator.
    Parties are requested to appear before the judge mediator on the date given by the department.  The department is requested to give date not exceeding 15 days.  In the event parties arrive at settlement on some of the issues, they should inform so to the judge mediator.  If the matter is not settled before the judge mediator, the parties are directed to file their written notes of argument.  It is informed to the parties that matter will not be adjourned on the count of settlement.
    Matter stands adjourned to 04.12.2021 for argument/mediation
    report.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 04-12-2021
    
    Date: 04-12-2021
    Business: Matter called out at 11.07 a.m.
    None present.
    Kept back.
    Later on at 12.11 p.m.
    Adv. Vikrant Makhare I/b Negandhi Shah and Himayatullah for plaintiff present.  He made a statement that mediation is pending between the parties.
    Mediation period, if expired is hereby extended by further period of 30 days.
    Matter stands adjourned to 31.01.2022 for Mediation report.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 31-01-2022
    
    Date: 31-01-2022
    Business: Court is on Leave, Hence Board is Discharged.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 14-03-2022
    
    Date: 14-03-2022
    Business: Matter called out at 12.47 p.m.
    Adv. Vikrant Makhare I/b Negandhi Shah and Himayatullah for plaintiff present. He informed that next sitting for mediation is kept on 07.04.2022.
    None present for defendant.
    Matter stands adjourned to 08.04.2022 for mediation report.
    Later on at 3.30 p.m.
    Adv. Deepali Bagla I/b Bagla and Associate for defendant present.
    Already adjourned to 08.04.2022.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 08-04-2022
    
    Date: 08-04-2022
    Business: Matter called out at 11.40 a.m.
    Adv. Vikrant Makhare for plaintiff present.
    Adv. Deepali Bagla I/b Bagla and Assoc. for defendant present.
    Both the parties informed that mediation is still going and the next date is fixed on 17.05.2022.
    Hence, matter stands adjourned to 08.06.2022 for mediation report.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 08-06-2022
    
    Date: 08-06-2022
    Business: Adv. Vikrant Makhare I/b Negandhi Shah and Himayatullah for plaintiff present.
    Mediation report received as failed. TOR. Exh.29.
    None present for defendant.
    Kept back.
    Later on at 05.38 p.m.
    None present.
    Matter stands adjourned to 19.07.2022 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 19-07-2022
    
    Date: 19-07-2022
    Business: Adv. Vaibhav Ghogre a/w Adv. Vikrant Makhare for plaintiff present.
    Adv. Bagla for defendant present.
    At the stage of final hearing, matter was referred to mediation which resulted in failure. Matter be put up for final hearing.
    Matter stands adjourned to 10.08.2022 final disposal hearing.
    Next Purpose: HEARING  FINAL DISPOSAL
    Next Hearing Date: 10-08-2022
    
    Date: 10-08-2022
    Business: None present for plaintiff.
    Adv. Bagla for defendant present. She is seeking time. Time granted.
    Matter stands adjourned to 26.09.2022 for hearing final disposal.
    Next Purpose: HEARING  FINAL DISPOSAL
    Next Hearing Date: 26-09-2022
    
    Date: 26-09-2022
    Business: Adv. Vikrant Makhare for plaintiff present.
    Adv. Bagla for defendant present.
    By consent, matter stands adjourned to 13.10.2022 for hearing final
    disposal.
    Next Purpose: HEARING  FINAL DISPOSAL
    Next Hearing Date: 13-10-2022
    
    Date: 13-10-2022
    Business: Adv. Vikrant Makhare for plaintiff present.
    Adv. Bagla for defendant present.
    By consent, matter stands adjourned to 19.10.2022 for argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 19-10-2022
    
    Date: 19-10-2022
    Business: None present.
    K.B.
    Later on at 11.03 a.m.
    Adv. Vikhrat Makhare for plaintiff present.
    Adv. Bagla for defendant present.
    Matter stands adjourned to 11.11.2022 for arguments.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 11-11-2022
    
    Date: 11-11-2022
    Business: Plaintiff a/w Adv. Vikrant Makhare present.
    Defendant No.1(c) in person present.
    Both are seeking time. Time granted.
    Matter stands adjourned to 12.01.2023 for settlement.
    Next Purpose: SETTLEMENT
    Next Hearing Date: 12-01-2023
    
    Date: 12-01-2023
    Business: Court is on Leave.
    Next Purpose: SETTLEMENT
    Next Hearing Date: 23-02-2023
    
    Date: 23-02-2023
    Business: Plaintiff in person present.
    Adv. Bagla for defendant present. He is seeking time contending that the settlement talk is in progress.
    Matter stands adjourned on 11.04.2023 for settlement.
    Next Purpose: SETTLEMENT
    Next Hearing Date: 11-04-2023
    
    Date: 11-04-2023
    Business: Adv. Jinelle Gogri I/b Negandhi Shah and Himayatullah for plaintiff present.
    Adv. Bagla for defendant present.
    Both the parties submitted that the Notice of Motion filed is heard at final hearing. There is no need to keep pending the motion. The interim relief, if any, granted during pendency of motion, shall continue till the disposal of suit. All the relief in motion will be considered at final hearing.
    Hence, NM No.1493/2018 is disposed off.
    It seems that there is no possibility of settlement. Hence, matter is kept for final argument.
    Matter stands adjourned on 09.06.2023 for final arguments.
    Nature Of Disposal: OTHER
    Disposal Date: 11-04-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 105106/2018
    Filing Date: 09-04-2018
    First Hearing Date: 26th April 2018
    Decision Date: 11th April 2023
    Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1
    11 Apr 2023
    Order Details: Notice of Motion
    Pdf Text: 11.04.2023
    Sr. No. 1
    SU 6788/04
    NM 1493/18
    CORAM : H.H.J. SHRI SHAIKH AKBAR SHAIKH JAFAR (CR. 03)
    Adv. Jinelle Gogri I/b Negandhi Shah and Himayatullah for plaintiff
    present.
    Adv. Bagla for defendant present.
    Both the parties submitted that the Notice of Motion filed is heard at
    final hearing. There is no need to keep pending the motion. The
    interim relief, if any, granted during pendency of motion, shall
    continue till the disposal of suit. All the relief in motion will be
    considered at final hearing.
    Hence, NM No.1493/2018 is disposed off.
    It seems that there is no possibility of settlement. Hence, matter is
    kept for final argument.
    Matter stands adjourned on 09.06.2023 for final arguments.
    Judge
    -- 1 of 1 --
    Order 1
    11 Apr 2023
    Order Details: Notice of Motion
    Pdf Text: 11.04.2023
    Sr. No. 1
    SU 6788/04
    NM 1493/18
    CORAM : H.H.J. SHRI SHAIKH AKBAR SHAIKH JAFAR (CR. 03)
    Adv. Jinelle Gogri I/b Negandhi Shah and Himayatullah for plaintiff
    present.
    Adv. Bagla for defendant present.
    Both the parties submitted that the Notice of Motion filed is heard at
    final hearing. There is no need to keep pending the motion. The
    interim relief, if any, granted during pendency of motion, shall
    continue till the disposal of suit. All the relief in motion will be
    considered at final hearing.
    Hence, NM No.1493/2018 is disposed off.
    It seems that there is no possibility of settlement. Hence, matter is
    kept for final argument.
    Matter stands adjourned on 09.06.2023 for final arguments.
    Judge
    -- 1 of 1 --

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