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NOTICE OF MOTION

Laxmichand Ramji Gala And AnrVsAnil Shivaji Haria And Ors

CNR MHCC01004742202261-COURT 61 ADDL SESSIONS JUDGE
Fort, City Civil Court
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 06th February 2025

TrustJury record updated 07 Oct 2026

Case Overview

Registration Number
101643/2022
Registration Date
29 Apr 2022

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: 16-06-2022
    Business: Adv Rajiv Hingu for plaintiff present.
    None is present for defendants.
    Adv for plaintiff asked for adjournment to file reply to N.M.
    Matter adjd to 25/08/2022 for N.M reply.
                                                                              Judge.
    Later On at 3.15 pm.
    Adv Manish Jagani for defendant no.14 present. He tendered register N.M. 1643/2022.
    Adv  Ms. Gauri Joglekar for defendant no. 5 to 13 and 15 to 17 present.
    Defendant no.3 and 4 in person present.
    Matter already adjd to 25/08/2022 for N.M. reply.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 25-08-2022
    
    Date: 25-08-2022
    Business: Adv. Rajiv Hingu for plaintiff is present.
    Adv. Gauri Joglekar for defendants no. 5 to 13 and 15 to 17 is present.
    None present for defendant nos. 1 to 4 and 14.
    The plaintiff has filed reply to NM No. 1643/22. T.O.R.
    Matter adjd to 03.11.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-11-2022
    
    Date: 03-11-2022
    Business: Adv. Rajiv Hingu for plaintiff is present.
    Adv. Gauri Joglekar for deft. Nos.5 to 13 and 15 to 17 is present.
    Deft. Nos.3 and 4 present.
    Adv. Chawla for defendant No.14 is present.
    The ld Adv. for plaintiff has supplied the copy of reply to N/M 1643/2022 to the deft. today itself. Hence, the matter is adjourned to hrg. of N/M No.1643/2022.
    Matter adjd to 17/12/2022 for hrg. of N/M No.1643/2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-12-2022
    
    Date: 17-12-2022
    Business: Adv. Rajiv Hingu for plaintiff is present.
    Adv. Manish Jagani for defendant no.14 is present.
    Adv. Anushka Barve for defendant no. is present.
    On oral request of Ld.Adv.for defendant no. 14 the matter is adjourned for filing rejoinder.
    Matter adjd to 25.01.2023 for NM rejoinder.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 25-01-2023
    
    Date: 25-01-2023
    Business: P.O. is on leave. Matter is adjourned to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 13-03-2023
    
    Date: 13-03-2023
    Business: P.O.is on leave. Matter adjd to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 13-04-2023
    
    Date: 13-04-2023
    Business: P.O. is on leave hence matter adjd.to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 19-06-2023
    
    Date: 19-06-2023
    Business: Adv. Raju Hingu for plaintiff is present.
    Defendant Nos.3 and 4 is present.
    Adv. Poonam Parab for defendant Nos.5 to 13, 15 to 17 is present.
    Inspite of giving opportunities the defendant No.14, they failed to file rejoinder. Hence, last chance given to defendant No.14 to file rejoinder.
    Matter adjd to 15.07.2023 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 15-07-2023
    
    Date: 15-07-2023
    Business: Adv. Rajiv Hingu for plaintiff is present.
    Adv. Poonam Parab for defendant Nos.5 to 13, 15 to 17 is present.
    None present for defendant No.14. Inspite of giving direction to defendant No.14, he failed to file rejoinder to NM No.1643/2022. Hence, matter proceeded without rejoinder of defendant No.14.
    NM of 2013 is pending. Therefore, the parties are directed to argue the same without failed on next date.
    Matter adjd to 22.08.2023 for NM hearing.
    Later on at 3.54 p.m.
    Adv. Prajakta Pawar i/b AVC and Associates for defendant Nos.1 to 4 is present and filed vakalatnama. TOR. Exh-17. O-seen.
    Already matter adjd to 22.08.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-08-2023
    
    Date: 22-08-2023
    Business: Adv. Rajiv Hingu for plaintiff is present.
    Adv. Akshay Shetty for defendants no. 1 to 4 is present.
    Adv Tina Makhijani for defendants no. 5 to 13, 15, 16a, 16b and 17 present.
    Adv A. M. Waradkar for D-14 present.
    KB.
    On oral request of both the sides, matter is adjourned.
    Matter adjd to 24.08.2023 for hearing on NM.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-08-2023
    
    Date: 24-08-2023
    Business: Adv. Rajiv Hingu i/b L.H. Hingu and Co. for plaintiff is present.
    Adv. Gauri Joglekar  for defendants Nos.D5 to D13 and D15 to D17 is present.
    K.B.
    Later on at 3.58 p.m.
    Adv. Akshay Sheety i/b AVC and associates for defendant Nos.1 to 4 is present.
    Heard the ld adv for plaintiff and the ld adv for defendant No.D5 to D13 and D15 to D17.
    The ld adv for defendants make a statement that defendants are not going to handover possession of suit premises to any of the parties till decision of the suit. The statement of ld adv for defendants is accepted. The ld adv for plaintiff submits that in view of such statement, he does not want to proceed with the NM No.3173/2013. Hence, the NM stands disposed off in view of the statement made by ld adv for defendant No.D5 to D13 and D15 to D17.
    Defendant No.14 a/w adv Waradkar is present and filed an application for permission to file vakalatnama. TOR. Exh-18.
    It is contended that the previous advocate of defendant No.14 left for Nashik and therefore unable to appear in the matter. Therefore, considering the request the application stands allowed.
    He filed vakalatnama. TOR. Exh-19. O-seen.
    The ld adv for defendant No.14 filed an application for setting aside order dated 15.07.2023 and for permission to file rejoinder. TOR. Exh-20. O-other side to say.
    The ld adv for plaintiff has filed reply on overleaf of Exh-20.
    Heard both the ld adv for respective parties.
    Considering the submission of both the sides in my view in the interest of justice an opportunity needs to be give to the defendant No.14 to file rejoinder. Hence, the application stands allowed. The ld adv for defendant No.14 has filed Rejoinder. TOR.
    Copy supplied to the plaintiff.
    Matter adjd to 19.10.2023 for hearing on NM NO.1643/2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-10-2023
    
    Date: 19-10-2023
    Business: P. O is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-12-2023
    
    Date: 15-12-2023
    Business: P.O is on leave
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-02-2024
    
    Date: 09-02-2024
    Business: IN THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO. 61
    This court newly formed on 02.01.2024.
    Matter transferred from CRNo.
    Adv. Dheeraj Shetye for  plaintiff present.
    Adv. Prathmesh for defendant no.1 to 4 present.
    Adv. Rohit Patil h/f Adv. Gauri Joglekar for defendant 5 to 13 and 15 to 17 present.
    Adv. Shama Shekh h/f Adv. Anand Waradkar for defendant No.14 present.
    Due to formation of new court and change of assignment last chance granted for NM hearing.
    Matter adjourned for NM hearing to 21-03-2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-03-2024
    
    Date: 21-03-2024
    Business: IN THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO. 61
    Nadv. Deepraj Shetye for  plaintiff present.
    Adv. Prathamesh Hiwalkar for defendants No.1 to 4 present.
    Defendant No.3 in person present.
    Adv. Anand Wradkar for defendant No.14 present.
    None for defendants No.5,7,9,12, 13 and 15 to 17.
    Matter adjourned for NM hearing to 11-06-2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-06-2024
    
    Date: 11-06-2024
    Business: IN THE COURT OF H.H.J. S. M. AGARKAR JUDGE CITY CIVIL COURT C.R. NO. 61
    Adv. Rajiv Hingu for plaintiff present.
    Adv. Anjali Tiwari for defendant No.1 to 4 present.
    Defendant Nos.3 and 4 present.
    None for defendant Nos.5 to 13.
    Adv. Akash K. Koteda i/b Adv. A. M. Waradkar for defendant No.14 present and orally sought time to argue the NM on next date. O- Time granted as a last chance.
    Matter adjourned for NM hearing to 06-07-2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-07-2024
    
    Date: 06-07-2024
    Business: Court is vacant
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-07-2024
    
    Date: 24-07-2024
    Business: IN THE COURT OF H.H.J. R. D. DESHPANDE JUDGE CITY CIVIL COURT C.R. NO. 61
    Plaintiff is present alongwith his Adv. Rajiv Hingu along with Deeprah Shetye.
    Defendants no. 3 & 4 are present along with their Adv. Anjali Tiwari.
    Adv. Praful Patil h/f Adv. Gauri Joglekar for defendants No. 5 to 13 & 15 to 17 is present.
    Adv. Anand Varadkar for defendant no.14 is present.
    Heard arguments of Adv. Varadkar on NM No. 1643/22 in part. Court time is about to over.
    Matter is adjourned for hearing NM (P.H.) to 08.08.2024
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-08-2024
    
    Date: 08-08-2024
    Business: IN THE COURT OF H.H.J. R. D. DESHPANDE JUDGE CITY CIVIL COURT C.R. NO. 61
    Plaintiff No.1 alongwith his Adv. Rajiv Hingu i/b L. H. Hingu and Co. is present.
    None for defendants No.1 and 2.
    Defendants No.3 and 4 are personally present.
    Adv. Rohit Patil h/f Adv. Jogalekar for defendants No.5 to 13 and 15 to 17 is present.
    Adv. Anand Waradkar for defendant No.14 is present.
    By consent matter adjourned for NM hearing P.H. to 03-09-2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-09-2024
    
    Date: 03-09-2024
    Business: IN THE COURT OF H.H.J. R. D. DESHPANDE JUDGE CITY CIVIL COURT C.R. NO. 61
    Adv. Rajiv Hingu for plaintiffs is presesnt.
    Adv. Virendra Pandey for defendants No.1 to 4 is present.
    None for other defendants.
    Matter adjourned for NM hearing P.H. to 27-09-2024.
    LO at 3.59 pm.
    Adv. Anand Wardkar for defendant No.14 is present.
    Matter adjourned for NM hearing P.H. to 27-09-2024.
    LO at 4.13 pm.
    Adv. Prasad Mahamunkar for defendants No.5 to 13, 15 to 17 is present.
    Matter adjourned for NM hearing P.H. to 27-09-2024.
    Next Purpose: NM  ARGUMENTS P.H.
    Next Hearing Date: 27-09-2024
    
    Date: 27-09-2024
    Business: The Court is on leave.
    Next Purpose: NM  ARGUMENTS P.H.
    Next Hearing Date: 18-10-2024
    
    Date: 18-10-2024
    Business: IN THE COURT OF H.H.J. R. D. DESHPANDE JUDGE CITY CIVIL COURT C.R. NO. 61
    Adv.Deepraj Shetye i/b L. H. Hingu and Co. for plaintiffs is present.
    Defendant No.1 is present.
    Adv. Ankit Tiwari for defendants No.1 to 4 is present.
    Adv. Shakti Kolekar h/f Adv. Anand Waradkar for defendant No.14 is present and seeks time.
    Matter adjourned for NM hearing to 11-12-2024.
    Next Purpose: NM  ARGUMENTS P.H.
    Next Hearing Date: 11-12-2024
    
    Date: 11-12-2024
    Business: None for plaintiffs.
    Defendants No.1 and 3 a/w their Adv. Ankit Tiwari for defendants No.1 to 4 are present.
    Adv. Prasad Mahmunkar for defendants No.5 to 13 and 15 to 17 is present.
    Adv. Anand Waradkar for defendant No.14 is present.
    K.B.
    Later on at 3.51 p.m.
    None for plaintiffs.
    Defendants No.1 and 3 a/w their Adv. Ankit Tiwari for defendants No.1 to 4 are present .
    Adv. Prasad Mahmunkar for defendants No.5 to 13 and 15 to 17 is present.
    Adv. Anand Waradkar for defendant No.14 is present and advanced remaining arguments in NM No.1643/2022.
    Matter adjourned for arguments of plaintiffs in NM No.1643/2022 to 07.01.2025.
    Later on at 4.55 p.m.
    Adv. Rajiv Hingu for plaintiff is present.
    Matter adjourned for arguments of plaintiffs in NM No.1643/2022 to 07.01.2025.
    Next Purpose: NM  ARGUMENTS P.H.
    Next Hearing Date: 07-01-2025
    
    Date: 07-01-2025
    Business: IN THE COURT OF H.H.J. R. D. DESHPANDE JUDGE CITY CIVIL COURT C.R. NO. 61
    Adv. Rajiv Hingu i/b L. H. Hingu and Co. for plaintiffs is present.
    Defendants No.1, 3 and 4 along with their Adv. Akshay Shetty  for defendants No.1 to 4 are present.
    None for other defendants.
    Kept back.
    Later on, at 4.21 p.m.
    Adv. Rajiv Hingu i/b L. H. Hingu and Co. for plaintiffs is present.
    Defendants No.1, 3 and 4 along with their Adv. Akshay Shetty  for defendants No.1 to 4 are present.
    Adv. Sumit Kori h/f HM Firm for defendants No.5 to 13, 15, 16(a) and (b) and 17 is present.
    Defendant No.14 and his advocate are absent when called.
    Heard arguments of Adv. Rajiv Hingu for plaintiffs in NM No.1643/2022.
    Later on, at 4.49 p.m.
    Adv. Varadkar for defendant No.14 is present and seeks time to file citations.
    Matter adjourned for filing citations by defendant No.14 to 31.01.2025.
    Next Purpose: CIATATION
    Next Hearing Date: 31-01-2025
    
    Date: 31-01-2025
    Business: Adv. Deepraj Shetye for plaintiffs is present. He tendered compilation of citations.
    Defendants no. 1 and 3 a/w their Adv. Akshay Shetty is present.
    None for other defendants.
    K.B.
    Later on at 3.30 p.m.
    Adv. Waradkar for defendant no. 14 is present and tendered compilation of 2 citations. TOR. O- Seen and filed.
    Matter adjourned for order in NM no. 1643 of 2022 to 06.02.2025.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 06-02-2025
    
    Date: 06-02-2025
    Business: Adv. Deepraj Shetye i/b L. H. Hingu and Company for plaintiffs is present.
    None for defendants.
    F.R.S.R. following order is passed in NM No.1643/2022.
    ORDER
        1. Notice of Motion is dismissed with costs.
        2. Accordingly, Notice of Motion No.1643/2022 stands disposed off.
    Matter adjourned for filing draft issues by both the parties to 03.04.2025.
    Nature Of Disposal: DISMISSED
    Disposal Date: 06-02-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 104059/2022
    Filing Date: 29-04-2022
    First Hearing Date: 16th June 2022
    Decision Date: 06th February 2025
    Court Number And Judge: 61-COURT 61 ADDL  SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    06 Feb 2025

    Order Details: Notice of Motion Pdf Text: N.M.No.1643/2022 Order MHCC010047422022 Presented on : 29.04.2022 Registered on : 29.04.2022 Decided on : 06.02.2025 Duration : 02 09 08 Years Months Days IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY AT BOMBAY NOTICE OF MOTION NO.1643/2022 (CNR NO. MHCC010047422022) IN SHORT CAUSE SUIT NO.3186/2013 1 Laxmichand Ramji Gala an adult, aged about 56 years Indian Inhabitant of Mumbai, Occupation : Business 2 Bharati Laxmichand Gala an adult, aged about 54 years…

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