Order Details: Notice of Motion Pdf Text: 1 Ord. in NM no 1533 of 2018, in Suit no.97601990 MHCC010074422012 IN THE BOMBAY CITY CIVIL COURT, AT BOMBAY NOTICE OF MOTION NO.1533 OF 2018 IN SUIT NO.9760 OF 1990 IN (HIGH COURT SUIT NO. 1098 OF 1990) 1. (Dinesh Surender Singh) ...(since deceased deleted) 2. Harish Surender Singh ..Plaintiff. V/s 1. Jagdish Singh Hirdyanarayan Singh & Ors. ..Defendants. CORAM : HIS HONOUR JUDGE SHRI VIRENDRA D. KEDAR (COURT ROOM NO.01) DATE…
NOTICE OF MOTION
Harish Surender SinghVsJagdish Singh Hirdyanarayan Singh
CNR MHCC0100477820181-COURT 01 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 05th November 2022
TrustJury record updated 11 Sept 2026
Case Overview
- Registration Number
- 101533/2018
- Registration Date
- 11 Apr 2018
Advocates
1For Petitioner
Not available
For Respondent
Parties
2Petitioner
Respondent
Acts & Sections
1Public Premises (Eviction of Unauthorised Occupants) Act · Sec 9
Case History / Proceedings
Case History
Date: 05-07-2018 Business: Adv Mr. Girish Pawar for plff. Present. Adv Ms. Thapa for deft. 1 and 2 present. Adv for deft. tendered registered Notice of Motion No.1533/18 along with supporting affidavit. Adv for deft. no. 1 and 2 supplied copy of Notice of Motion an d supporting affidavit to the ld. Adv for plff. Adv for plff. admitted that he has received the copy of the same. Adjd. For reply on 11.09.2018. Next Purpose: REPLY Next Hearing Date: 11-09-2018 Date: 11-09-2018 Business: Plaintiff Present. Adv. Ravikant Thombare for Plaintiff Present and filed reply to N.M. No. 1533/ 18 is t.o.r. Adv. for Plaintiff submitted that, he may be allowed to serve copy of ch/s on defendant nos. 3-A and 3-C by R.P.A.D. Allowed. Adv. Mr. M.A. Shah for defendant nos. 1 and 2 present.Adjd to 12/10/2018 for hearing on N.M 1533/18 and service of ch/su Next Purpose: NM FOR HEARING Next Hearing Date: 12-10-2018 Date: 12-10-2018 Business: Adv. Mr. Thombare for Plaintiff Present. Adv. Mr. M.A. Shah for defendant nos. 1 and 2 Present and filed rejoinder to N.M. no. 1533/18 is t.o.r. ORDER T.O.R. Copy of rejoinder served to Plaintiff. Adjd to 07/12/2018 for awaiting ch/su and hearing Next Purpose: CHAMBER SUMMONS Next Hearing Date: 07-12-2018 Date: 07-12-2018 Business: Adv. Mr. Thombare for Plaintiff Present and filed affidavit of service to show that defendant nos. 3A and 3C are served by RPAD and Produced acknowledgement receipts are t.o.r.Plaintiff filed application for substitute service to defendant no. 3(e) who resides at Texas USA is t.o.r. marked as Exh. 8.Order I find instead of publication, notice be send through embassy / Consulter.Plaintiff tendered original ch/su no. 79/18 9 is t.o.r.Adv. for Plaintiff filed surrejoinder in N.M. 1533/18 is t.o.r.Adv. Mr. Shah for defendant nos. 1 and 2 Present.Date is extended for service of ch/su.Adjd to 12/03/2019 for service and hearing on NM Next Purpose: NM FOR HEARING Next Hearing Date: 12-03-2019 Date: 12-03-2019 Business: P.O. is on Leave Next Purpose: NM FOR HEARING Next Hearing Date: 15-06-2019 Date: 15-06-2019 Business: Adv. R.R Kumbhare for plff present. Adv. M.A. Shah for deft. no. 1 and 2 present. Time is extended for service of ch/s 79/18. Both the parties are seeking adjournment for hearing n/m. Adjd. to 12.07.2019 for n/m hearing and service of ch/s Next Purpose: NM FOR HEARING Next Hearing Date: 12-07-2019 Date: 12-07-2019 Business: Matter pertains to CR No.14 Adv R.R,Kumbhare for plff present. Adv for deft no. 1 and 2 Mrs.Pushpa Thapa present. Time is extended for service of C/S 79/18. Both the parties are seeking adjournment. Matter is Adjd for Service of C/S to 16/09/2019 Next Purpose: NM FOR HEARING Next Hearing Date: 16-09-2019 Date: 16-09-2019 Business: P.O. is on Leave. Next Purpose: NM FOR HEARING Next Hearing Date: 06-11-2019 Date: 06-11-2019 Business: Adv for plaintiff Mr.Thumbre present. Adv for deft Mr.Shah present. Matter is Adjd for N/M Argument and Affidavit of Service of C/S to 06.12.2019. Next Purpose: NM ARGUMENTS Next Hearing Date: 06-12-2019 Date: 06-12-2019 Business: None for the Plaintiff. Adv for deft No.1 and 2 Ms.Pushpa Thapa present. Matter is Adjd for Affidavit of Service of C/S to 23.01.2020. L.O. Adv for plaintiff Mr.R.R. Tumbar present. Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 23-01-2020 Date: 23-01-2020 Business: None for the Plaintiff. Adv for deft no.1 and 2 Ms.Pushpa Thapa present. Matter is Adjd for Affidavit of Service of C/S to 09.03.2020. Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 09-03-2020 Date: 09-03-2020 Business: Adv. Mr. Ravikant for plaintiffs present. Adv. Ms. Thapa for defendant nos. 1 and 2 present. K.B. L.O. Advocate for defendant nos. 1 and 2 requested for adjournment. O-Granted . Matter is Adjd for N/M 1533/18, affidavit of service of CH/s on deft. no. 3 on 07.04.2020. Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 07-04-2020 Date: 07-04-2020 Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 18-04-2020 Date: 07-04-2020 Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 18-04-2020 Date: 07-04-2020 Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 18-04-2020 Date: 18-04-2020 Reason For Adjournment: National Lock Down Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 08-05-2020 Date: 18-04-2020 Reason For Adjournment: National Lock Down Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 08-05-2020 Date: 18-04-2020 Date: 08-05-2020 Business: National Lock Down Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 29-05-2020 Date: 29-05-2020 Reason For Adjournment: National Lock Down Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 16-06-2020 Date: 29-05-2020 Reason For Adjournment: National Lock Down Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 16-06-2020 Date: 29-05-2020 Reason For Adjournment: National Lock Down Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 16-06-2020 Date: 16-06-2020 Business: National Lockdown Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 29-07-2020 Date: 29-07-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 18-09-2020 Date: 29-07-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 18-09-2020 Date: 29-07-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 18-09-2020 Date: 18-09-2020 Business: Due to National Lockdown (Covid-19) matter2256 adjd to 07.12.2020. Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 07-12-2020 Date: 07-12-2020 Business: None present. Matter is Adjd for Affidavit of Service to 22.03.2021. Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 22-03-2021 Date: 22-03-2021 Business: As P.O. is on 40 hrs Online Mediation Training for the Judicial Officers scheduled to be held from 15th to 22nd March, 2021 Adjd to Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 23-04-2021 Date: 22-03-2021 Business: As P.O. is on 40 hrs Online Mediation Training for the Judicial Officers scheduled to be held from 15th to 22nd March, 2021 Adjd to Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 23-04-2021 Date: 22-03-2021 Business: As P.O. is on 40 hrs Online Mediation Training for the Judicial Officers scheduled to be held from 15th to 22nd March, 2021 Adjd to Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 23-04-2021 Date: 23-04-2021 Business: In view of Office Order No. 81/21, only urgent matters taken up. Hence, board discharge adjd to 06/08/2021. Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 06-08-2021 Date: 23-04-2021 Business: In view of Office Order No. 81/21, only urgent matters taken up. Hence, board discharge adjd to 06/08/2021. Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 06-08-2021 Date: 23-04-2021 Business: In view of Office Order No. 81/21, only urgent matters taken up. Hence, board discharge adjd to 06/08/2021. Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 06-08-2021 Date: 06-08-2021 Business: P.O.is on leave. Matter adjourned Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 21-08-2021 Date: 06-08-2021 Business: P.O.is on leave. Matter adjourned Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 21-08-2021 Date: 06-08-2021 Business: P.O.is on leave. Matter adjourned Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 21-08-2021 Date: 21-08-2021 Business: Plff and his adv are absent. Adv Ms. Pushpa Thapa for deft nos. 1 and 2 present. Matter is adjd to 21.10.2021 for hearing ch/s. Next Purpose: C/S HEARING Next Hearing Date: 21-10-2021 Date: 21-08-2021 Business: Plff and his adv are absent. Adv Ms. Pushpa Thapa for deft nos. 1 and 2 present. Matter is adjd to 21.10.2021 for hearing ch/s. Next Purpose: C/S HEARING Next Hearing Date: 21-10-2021 Date: 21-08-2021 Business: Plff and his adv are absent. Adv Ms. Pushpa Thapa for deft nos. 1 and 2 present. Matter is adjd to 21.10.2021 for hearing ch/s. Next Purpose: C/S HEARING Next Hearing Date: 21-10-2021 Date: 21-10-2021 Business: Adv.Hena Shah For plaintiff present. Adv. Rukshin Ghiara For defendant no. 1 present. Writ received from High Court. On oral request of both the advocates for adjournment , Matter is adjd to. 02.12.2021 for Chamber summons hearing. Next Purpose: C/S HEARING Next Hearing Date: 02-12-2021 Date: 21-10-2021 Business: Adv. Ravikant Tumbre for plaintiff present. Adv. Pushpa for defendant present. On oral request of advocate of plaintiff, Matter is adjd to. 06.12.2021 for Chamber Summons Service. The service report is extended. Next Purpose: CHAMBER SUMMONS SERVICE Next Hearing Date: 06-12-2021 Date: 21-10-2021 Business: Adv. Ravikant Tumbre for plaintiff present. Adv. Pushpa for defendant present. On oral request of advocate of plaintiff, Matter is adjd to. 06.12.2021 for Chamber Summons Service. The service report is extended. Next Purpose: CHAMBER SUMMONS SERVICE Next Hearing Date: 06-12-2021 Date: 06-12-2021 Business: Adv R. R. Khumbre for pltff present. Adv Pushpa Thapa for deft no. 2 and 3 present. On oral request of adv for pltff Matter is adjd to 18/01/2022 for CS Service and NM Hearing. Next Purpose: CHAMBER SUMMONS SERVICE Next Hearing Date: 18-01-2022 Date: 06-12-2021 Business: Adv R. R. Khumbre for pltff present. Adv Pushpa Thapa for deft no. 2 and 3 present. On oral request of adv for pltff Matter is adjd to 18/01/2022 for CS Service and NM Hearing. Next Purpose: CHAMBER SUMMONS SERVICE Next Hearing Date: 18-01-2022 Date: 06-12-2021 Business: Adv R. R. Khumbre for pltff present. Adv Pushpa Thapa for deft no. 2 and 3 present. On oral request of adv for pltff Matter is adjd to 18/01/2022 for CS Service and NM Hearing. Next Purpose: CHAMBER SUMMONS SERVICE Next Hearing Date: 18-01-2022 Date: 18-01-2022 Business: As per Office Order no. ''07of 2022 and ''103of 2022'' only Ugent matter is to be taken up for hearing therefore matter is adjd to Next Purpose: CHAMBER SUMMONS SERVICE Next Hearing Date: 01-03-2022 Date: 18-01-2022 Business: As per Office Order no. ''07of 2022 and ''103of 2022'' only Ugent matter is to be taken up for hearing therefore matter is adjd to Next Purpose: CHAMBER SUMMONS SERVICE Next Hearing Date: 01-03-2022 Date: 18-01-2022 Business: As per Office Order no. ''07of 2022 and ''103of 2022'' only Ugent matter is to be taken up for hearing therefore matter is adjd to Next Purpose: CHAMBER SUMMONS SERVICE Next Hearing Date: 01-03-2022 Date: 01-03-2022 Business: Adv. Thumbre for pltff present. Adv. Mehul Shah for deft nos 1 and 2 present. Adv for pltff tendered original registered CS No. 79/18. TOR. On oral request of adv for pltff,Matter is adjd to 13/06/2022 for CS service. Next Purpose: SERVICE Next Hearing Date: 13-06-2022 Date: 01-03-2022 Business: Adv. Thumbre for pltff present. Adv. Mehul Shah for deft nos 1 and 2 present. Adv for pltff tendered original registered CS No. 79/18. TOR. On oral request of adv for pltff,Matter is adjd to 13/06/2022 for CS service. Next Purpose: SERVICE Next Hearing Date: 13-06-2022 Date: 01-03-2022 Business: Adv. Thumbre for pltff present. Adv. Mehul Shah for deft nos 1 and 2 present. Adv for pltff tendered original registered CS No. 79/18. TOR. On oral request of adv for pltff,Matter is adjd to 13/06/2022 for CS service. Next Purpose: SERVICE Next Hearing Date: 13-06-2022 Date: 13-06-2022 Business: None present for plaintiff. Adv Pushpa Thapa I/b Adv Mehul Shah for defendant no.1 and 2 present. Matter is kept for dismissal on 24/08/2022. Next Purpose: DISMISSAL Next Hearing Date: 24-08-2022 Date: 13-06-2022 Business: None present for plaintiff. Adv Pushpa Thapa I/b Adv Mehul Shah for defendant no.1 and 2 present. Matter is kept for dismissal on 24/08/2022. Next Purpose: DISMISSAL Next Hearing Date: 24-08-2022 Date: 13-06-2022 Business: None present for plaintiff. Adv Pushpa Thapa I/b Adv Mehul Shah for defendant no.1 and 2 present. Matter is kept for dismissal on 24/08/2022. Next Purpose: DISMISSAL Next Hearing Date: 24-08-2022 Date: 24-08-2022 Business: Adv. Manoj Pandey for plaintiff is present. He has filed V/P for plaintiff t.o.r marked as Exh.9. Seen and Filed. Adv. Shah for defendants no. 1 and 2 is present. The Ld. Adv.for plaintiff has filed affidavit of service effected on defendant no. 3(e). It is contended that on 22.03.2018 notice regarding CH/S was issued to defendant no.3(e) by RPAD as he is resident of United States of America. However, till date no acknowledgement regarding service of defendant no. 3(e) is filed on record by the concerned department in spite of efforts by the plaintiff. No acknowledgement in that regard is filed on record. Therefore considering deemed service of defendant no.3(e) the CH/S proceeded further. Upon perusal of record it reveals that service of writ of summons was not effected on defendant no. 3(a) to 3(e). KB for steps. LO at 3.55 p.m. At this juncture the Ld. Adv.for plaintiff make a submission that now he want to serve writ of summons to defendant nos. 3(a) to 3(e). It is to be seen that defendant nos. 3(a) to 3(e) came to joint as a party to the suit in the year 2009, as per his own submission by the ld. Adv.for plaintiff. However, till date no pain taken by the plaintiff to serve writ of summons on added defendant no. 3(a) to 3(e). Almost 13 years of period has been elapsed since joining of defendant no. 3(a) to 3(e) as a party to the suit. Therefore, suit came to be dismissed against defendant no. 3(a) to 3(e) for not taking steps to issue writ of summons to them. Matter adjd to 22.09.2022 for CH/S and NM hearing. Next Purpose: C/S HEARING Next Hearing Date: 22-09-2022 Date: 24-08-2022 Business: Adv. Manoj Pandey for plaintiff is present. He has filed V/P for plaintiff t.o.r marked as Exh.9. Seen and Filed. Adv. Shah for defendants no. 1 and 2 is present. The Ld. Adv.for plaintiff has filed affidavit of service effected on defendant no. 3(e). It is contended that on 22.03.2018 notice regarding CH/S was issued to defendant no.3(e) by RPAD as he is resident of United States of America. However, till date no acknowledgement regarding service of defendant no. 3(e) is filed on record by the concerned department in spite of efforts by the plaintiff. No acknowledgement in that regard is filed on record. Therefore considering deemed service of defendant no.3(e) the CH/S proceeded further. Upon perusal of record it reveals that service of writ of summons was not effected on defendant no. 3(a) to 3(e). KB for steps. LO at 3.55 p.m. At this juncture the Ld. Adv.for plaintiff make a submission that now he want to serve writ of summons to defendant nos. 3(a) to 3(e). It is to be seen that defendant nos. 3(a) to 3(e) came to joint as a party to the suit in the year 2009, as per his own submission by the ld. Adv.for plaintiff. However, till date no pain taken by the plaintiff to serve writ of summons on added defendant no. 3(a) to 3(e). Almost 13 years of period has been elapsed since joining of defendant no. 3(a) to 3(e) as a party to the suit. Therefore, suit came to be dismissed against defendant no. 3(a) to 3(e) for not taking steps to issue writ of summons to them. Matter adjd to 22.09.2022 for CH/S and NM hearing. Next Purpose: C/S HEARING Next Hearing Date: 22-09-2022 Date: 22-09-2022 Business: Adv. Manoj Pandey for plaintiff is present. Adv. Shaha for defendants no.1 and 2 is present. Matter adjd to 12.10.2022 for NM and CH/S hearing as a last chance. Next Purpose: NM FOR HEARING Next Hearing Date: 12-10-2022 Date: 22-09-2022 Business: Adv. Manoj Pandey for plaintiff is present. Adv. Shaha for defendants no.1 and 2 is present. Matter adjd to 12.10.2022 for NM and CH/S hearing as a last chance. Next Purpose: C/S HEARING Next Hearing Date: 12-10-2022 Date: 22-09-2022 Business: Adv. Manoj Pandey for plaintiff is present. Adv. Shaha for defendants no.1 and 2 is present. Matter adjd to 12.10.2022 for NM and CH/S hearing as a last chance. Next Purpose: C/S HEARING Next Hearing Date: 12-10-2022 Date: 12-10-2022 Business: Adv. Manoj Pandey for plaintiff is present. Adv. Shah for defendant nos. 1 and 2 is present. Heard both the sides. Matter adjd to 05.11.2022 for order in CH/S and NM. Next Purpose: ORDER Next Hearing Date: 05-11-2022 Date: 12-10-2022 Business: Adv. Manoj Pandey for plaintiff is present. Adv. Shah for defendant nos. 1 and 2 is present. Heard both the sides. Matter adjd to 05.11.2022 for order in CH/S and NM. Next Purpose: ORDER Next Hearing Date: 05-11-2022 Date: 12-10-2022 Business: Adv. Manoj Pandey for plaintiff is present. Adv. Shah for defendant nos. 1 and 2 is present. Heard both the sides. Matter adjd to 05.11.2022 for order in CH/S and NM. Next Purpose: ORDER Next Hearing Date: 05-11-2022 Date: 05-11-2022 Business: Adv. Yogita Kanojiya h/f Adv. Manoj Pande for plaintiff is present. Adv. Mehul Shah for defendant nos. 1 and 2 is present. F.R.S.R. following order is passed on N/M No.1533/2018- ORDER Notice of Motion No.1533/2018 is rejected. Notice of Motion No.1533/23018 stands disposed off accordingly. F.R.S.R. following order is passed on Ch/S No.79/2018- ORDER Chamber Summons No.79/2018 stands allowed and made absolute in terms of prayer clause (a) subject to payment of costs of Rs.1000/- paid by the plaintiff to defendant Nos.1 and 2 within 15 days from the date of order. Needless to say that payment of costs is condition precedent failing which orders stands automatically vacated. Upon payment of costs amendment to be carried out within 14 days. Plaintiff is directed to supply amended copy of plaint in court and to defendants. Chamber Summons No.79/2018 stands disposed off accordingly. Nature Of Disposal: DISMISSED Disposal Date: 05-11-2022
Additional Case Details
Additional Case Details
Filing Number: 105206/2018 Filing Date: 11-04-2018 First Hearing Date: 05th July 2018 Decision Date: 05th November 2022 Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE
Orders
2Final Order 1Full order available
05 Nov 2022
Order 1Full order available
05 Nov 2022
Order Details: Notice of Motion Pdf Text: 1 Ord. in NM no 1533 of 2018, in Suit no.97601990 MHCC010074422012 IN THE BOMBAY CITY CIVIL COURT, AT BOMBAY NOTICE OF MOTION NO.1533 OF 2018 IN SUIT NO.9760 OF 1990 IN (HIGH COURT SUIT NO. 1098 OF 1990) 1. (Dinesh Surender Singh) ...(since deceased deleted) 2. Harish Surender Singh ..Plaintiff. V/s 1. Jagdish Singh Hirdyanarayan Singh & Ors. ..Defendants. CORAM : HIS HONOUR JUDGE SHRI VIRENDRA D. KEDAR (COURT ROOM NO.01) DATE…
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