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NOTICE OF MOTION

Sushma BuildersVsManmohan Harsai Obhan and Ors.

CNR MHCC0100483020204-COURT 04 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--PARTLY DECREED
Decision Date: 13th January 2021

TrustJury record updated 29 Sept 2026

Case Overview

Registration Number
101618/2020
Registration Date
06 Nov 2020

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: 06-11-2020
    Business: Adv. Mr. P.D. Gandhi for plff. present.
    Adv. Mr. Sandeep Shukla for defts present.
    Heard adv of plff on N.M.no. 1618/20 and 3367/17.
    Adjd to 09.11.2020  for arguments of  deft N/M.1618/20 and 3367/17.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 09-11-2020
    
    Date: 09-11-2020
    Business: Adv. Ketan Parekh for plaintiff present.
    Adv. Ashish Mishra h/f Adv. Sanjeet Shukla for defendant no. 2, 3, 9, 10, 11, 13, 14-A and B present.
    Adjd to 23.11.2020 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-11-2020
    
    Date: 23-11-2020
    Business: The P.O. is on leave.  Hence matter is adjourned.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-12-2020
    
    Date: 02-12-2020
    Business: Adv. P. D. Gandhi for plaintiff present.
    Adv. Ashish Mishra for defendant no. 2, 3, 9 to 11, 13 present.
    On oral request of both Ld. Advocates matter is adjourned.
    Adjd to 11.12.2020 for NM argument of def.
    Next Purpose: NM  ARGUMENTS P.H.
    Next Hearing Date: 11-12-2020
    
    Date: 11-12-2020
    Business: Adv. Hardik Desai for plaintiff present.
    Pursuant to office order No. 166/2020 dtd. 27.11.2020 of Hon''ble Principal Judge City Civil and Sessions Court, Greater Bombay in view of standard operating procedure (SOP) dtd. 27.11.2020 of Hon''ble Bombay High Court, after taking into account the present situation of COVID-19 pandemic, the matter is adjourned owing to absence of the party.
    Adjd to 16.12.2020 for NM argument (PH).
    Next Purpose: NM  ARGUMENTS P.H.
    Next Hearing Date: 16-12-2020
    
    Date: 11-12-2020
    Business: Adv. Hardik Desai for plaintiff present.
    Pursuant to office order No. 166/2020 dtd. 27.11.2020 of Hon''ble Principal Judge City Civil and Sessions Court, Greater Bombay in view of standard operating procedure (SOP) dtd. 27.11.2020 of Hon''ble Bombay High Court, after taking into account the present situation of COVID-19 pandemic, the matter is adjourned owing to absence of the party.
    Adjd to 16.12.2020 for NM argument (PH).
    Next Purpose: NM  ARGUMENTS P.H.
    Next Hearing Date: 16-12-2020
    
    Date: 11-12-2020
    Business: Adv. Hardik Desai for plaintiff present.
    Pursuant to office order No. 166/2020 dtd. 27.11.2020 of Hon''ble Principal Judge City Civil and Sessions Court, Greater Bombay in view of standard operating procedure (SOP) dtd. 27.11.2020 of Hon''ble Bombay High Court, after taking into account the present situation of COVID-19 pandemic, the matter is adjourned owing to absence of the party.
    Adjd to 16.12.2020 for NM argument (PH).
    Next Purpose: NM  ARGUMENTS P.H.
    Next Hearing Date: 16-12-2020
    
    Date: 16-12-2020
    Business: Adv. Mr. P.D. Gandhi for plff. present.
    Adv. Mr. Ashish Mishra I/b Mr. Sanjeet Shukla for defts. no. 2,3,9 to 11,13 present.
    Adv. Mr. Singh for deft no. 16 present.
    Rest of the defts are absent.
    Heard both sides  on N/M. No.1618 of 2020 and 3367/17.
    Adjd to 18.12.2020  for hearing.
    Next Purpose: NM  ARGUMENTS P.H.
    Next Hearing Date: 18-12-2020
    
    Date: 16-12-2020
    Business: Adv. Mr. P.D. Gandhi for plff. present.
    Adv. Mr. Ashish Mishra I/b Mr. Sanjeet Shukla for defts. no. 2,3,9 to 11,13 present.
    Adv. Mr. Singh for deft no. 16 present.
    Rest of the defts are absent.
    Heard both sides  on N/M. No.1618 of 2020 and 3367/17.
    Adjd to 18.12.2020  for hearing.
    Next Purpose: NM  ARGUMENTS P.H.
    Next Hearing Date: 18-12-2020
    
    Date: 16-12-2020
    Business: Adv. Mr. P.D. Gandhi for plff. present.
    Adv. Mr. Ashish Mishra I/b Mr. Sanjeet Shukla for defts. no. 2,3,9 to 11,13 present.
    Adv. Mr. Singh for deft no. 16 present.
    Rest of the defts are absent.
    Heard both sides  on N/M. No.1618 of 2020 and 3367/17.
    Adjd to 18.12.2020  for hearing.
    Next Purpose: NM  ARGUMENTS P.H.
    Next Hearing Date: 18-12-2020
    
    Date: 18-12-2020
    Business: Adv. P.D. Gandhi for plff. present.
    Adv. Ashish Mishra for defts no. 2,3,9 to 11,13 present.
    Adv. Mr. Singh for deft no.16 present.
    Heard both sides.
    Adjd to  21.12.2020 for filing judgment.
    Next Purpose: HEARING
    Next Hearing Date: 21-12-2020
    
    Date: 18-12-2020
    Business: Adv. P.D. Gandhi for plff. present.
    Adv. Ashish Mishra for defts no. 2,3,9 to 11,13 present.
    Adv. Mr. Singh for deft no.16 present.
    Heard both sides.
    Adjd to  21.12.2020 for filing judgment.
    Next Purpose: HEARING
    Next Hearing Date: 21-12-2020
    
    Date: 18-12-2020
    Business: Adv. P.D. Gandhi for plff. present.
    Adv. Ashish Mishra for defts no. 2,3,9 to 11,13 present.
    Adv. Mr. Singh for deft no.16 present.
    Heard both sides.
    Adjd to  21.12.2020 for filing judgment.
    Next Purpose: HEARING
    Next Hearing Date: 21-12-2020
    
    Date: 21-12-2020
    Business: The P.O. is on leave.  Hence board is discharged.
    Next Purpose: HEARING
    Next Hearing Date: 08-01-2021
    
    Date: 21-12-2020
    Business: The P.O. is on leave.  Hence board is discharged.
    Next Purpose: HEARING
    Next Hearing Date: 08-01-2021
    
    Date: 21-12-2020
    Business: The P.O. is on leave.  Hence board is discharged.
    Next Purpose: HEARING
    Next Hearing Date: 08-01-2021
    
    Date: 08-01-2021
    Business: Adv. Hardik Desai for plaintiff present.
    Pursuant to office order No. 166/2020 dtd. 27.11.2020 of Hon\\\''ble Principal Judge City Civil and Sessions Court, Greater Bombay in view of standard operating procedure (SOP) dtd. 27.11.2020 of Hon\\\''ble Bombay High Court, after taking into account the present situation of COVID-19 pandemic, the matter is adjourned owing to absence of the parties.
    Adjd to 13.01.2021 for NM orders.
    L.O. at 1.15 p.m. Adv. Ashish Mishra for def. no. 2, 3, 9, 10, 13, 14A and 14B present and tendered citation and written arguments.  TOR and marked at Exh. 13.
    Adjd to 13.01.2021 for NM orders.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 13-01-2021
    
    Date: 13-01-2021
    Business: Adv. Hardik Desai for plaintiff present.
    Adv. Rahul Tiwari for def. no. 2, 3, 9, 10, 13, 14A and 14B present.
    F.R.S.R. following order on N/M No. 1618/20  is passed -
    Order -
    1.  The Notice of Motion no.1618 of 2020 is partly allowed.
    2.  Mr. S. N. Redij, Deputy Registrar, City Civil and Sessions Court, Mumbai is appointed as Court Receiver in respect of the Room No.11, Obhan Niwas, N. S. Road, Mulund (W), Mumbai-400 080 with all the powers under Order 40 Rule 1 of the Code of Civil Procedure, including the power to take possession thereof.
    3.  The Defendants no.2, 3, 9, 10, 11, 13 and 14-A and B are temporarily restrained from demanding any sum on account of rent, municipal taxes, repair charges, maintenance, water, etc., from the tenants of the plaintiff in respect of the property bearing C.T.S. No.930 Obhan Niwas, N. S. Road, Mulund (West), Mumbai-400 080 till final disposal of the suit.
    4.  The Defendants no. 2, 3, 9, 10, 11, 13 and 14-A and B are temporarily restrained from entering into the suit property as described in Exhibit A to the plaint, i.e. C.T.S. No.930 Obhan Niwas, N. S. Road, Mulund (W), Mumbai-400 080 till final disposal of the suit.
    5.  In absence of details of amounts prayer clause (d) is rejected.
    
    6.  Costs in cause.
    In view of grant of NM No. 1618/20, the NM No. 3367/17 (with similar facts and prayers) is also allowed in terms of prayer clause (b) and (c) till final disposal of the suit.
    Adv. Tiwari for plaintiff filed application for stay of order.  O-  The NM is decided on merits.  Hence rejected.
    Adjd to 23.02.2021 for compliance.
    Nature Of Disposal: PARTLY DECREED
    Disposal Date: 13-01-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 105500/2020
    Filing Date: 06-11-2020
    First Hearing Date: 06th November 2020
    Decision Date: 13th January 2021
    Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    13 Jan 2021

    Order Details: Notice of Motion Pdf Text: 1 N/M 1618-20 in SU no.429-14 IN THE CITY CIVIL COURT FOR GREATER BOMBAY AT MUMBAI. ORDER ON NOTICE OF MOTION NO. 1618 of 2020 (CNR no. MHCC01-004830-2020) IN SUIT NO. 429 OF 2014 (CNR no. MHCC01-001415-2014) Sushma Builders, A Partnership Firm Registered Under the Provisions of the Indian Partnership Act, 1932 having its registered office at Jawhar Talkies Compound, Rajendra Prasad Road, Mulund (West), Mumbai-400080. ] ] ] ] ] ]... Plaintiff…

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