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NOTICE OF MOTION

Shri Aai Ekvira Devi Seva Sanstha - through Rakesh Harishchandra KadamVsThe Deputy Collector +1 more

CNR MHCC0100508720189-COURT 09 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHERWISE
Decision Date: 29th March 2025

TrustJury record updated 12 Sept 2026

Case Overview

Registration Number
101616/2018
Registration Date
18 Apr 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 07-08-2018
    Business: adj to 28/08/2018
    Next Purpose: SERVICE
    Next Hearing Date: 28-08-2018
    
    Date: 28-08-2018
    Reason For Adjournment: court time is over
    Next Purpose: SERVICE
    Next Hearing Date: 27-11-2018
    
    Date: 27-11-2018
    Reason For Adjournment: court time is over
    Next Purpose: SERVICE
    Next Hearing Date: 06-03-2019
    
    Date: 06-03-2019
    Reason For Adjournment: court time is over
    Next Purpose: SERVICE
    Next Hearing Date: 18-06-2019
    
    Date: 18-06-2019
    Business: Court is on leave
    Next Purpose: SERVICE
    Next Hearing Date: 09-09-2019
    
    Date: 09-09-2019
    Business: Adv. Sonam Kotak for the Plaintiff present.
    Adv for the Plaintiff seeks adjournment for tendering report in respect of service of writ of summons.  Granted
    Matter is adjd. to 9.12.2019 for proof of service of writ of summons.
    Next Purpose: SERVICE
    Next Hearing Date: 19-12-2019
    
    Date: 19-12-2019
    Business: Wrongly taken on Board.
    Matter is already adjd. to 20/02/2020.
    Next Purpose: SERVICE
    Next Hearing Date: 20-02-2020
    
    Date: 20-02-2020
    Business: Adv. Sonam Kotak for plaintiff is present. She undertakes to file Vakalatnama on behalf of plaintiff.
    Matter is adjd. for proof of service to 27/04/2020.
    Next Purpose: SERVICE
    Next Hearing Date: 27-04-2020
    
    Date: 27-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SERVICE
    Next Hearing Date: 18-05-2020
    
    Date: 18-05-2020
    Business: National Lock Down
    Next Purpose: SERVICE
    Next Hearing Date: 30-05-2020
    
    Date: 30-05-2020
    Business: National Lock Down
    Next Purpose: SERVICE
    Next Hearing Date: 17-06-2020
    
    Date: 17-06-2020
    Business: Lockdown
    Next Purpose: SERVICE
    Next Hearing Date: 26-10-2020
    
    Date: 26-10-2020
    Business: Due to lockdown because of Covid-19, board is discharged and as per SOP only urgent matters are taken up.
    Next Purpose: SERVICE
    Next Hearing Date: 17-02-2021
    
    Date: 17-02-2021
    Business: Adv. Ms.  Sonam Kotak for the plaintiff.
    Draft Ch/s along with affidavit of support tendered by advocate for the plaintiff. O-  Leave to register Ch/s is granted. Ch/s is made r/o 21/04/2021
    Matter is adjd. to 21/04/2021 for filing affidavit of service/tendering registered Ch/s and NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-04-2021
    
    Date: 21-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-07-2021
    
    Date: 13-07-2021
    Business: due to covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-08-2021
    
    Date: 27-08-2021
    Business: court is on leave
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-11-2021
    
    Date: 17-11-2021
    Business: As Court is busy in hearing, arguments in NM, SU 1954/21 on the board. Hence, board is discharged and matter adjourned.
    Matter is adjd. to 13.01.2022 for Ch/s
    Next Purpose: C/S  HEARING
    Next Hearing Date: 13-01-2022
    
    Date: 13-01-2022
    Business: Due to SOP only urgent matters are taken up.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 03-03-2022
    
    Date: 03-03-2022
    Business: Adv. Ms. Sonam for plaintiff present.
    None present for the defendants.
    Court is busy in arguments of NM in Suit No. 2428/2017 and Suit No. 501/2021 to 514/2021, dictating order in suit No. 2101/2021.
    Matter is adjd. for ch/s reply on 13-04-2022
    Next Purpose: C/S REPLY
    Next Hearing Date: 13-04-2022
    
    Date: 13-04-2022
    Business: court is on leave
    Next Purpose: C/S REPLY
    Next Hearing Date: 05-07-2022
    
    Date: 05-07-2022
    Business: Adv.Sonam for plaintiff present and tender registered Ch/s 490/21 a/w affidavit.
    Adv. for plaintiff also filed service affidavit.
    Matter is adjd. to 05-09-2022 for  reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 05-09-2022
    
    Date: 05-09-2022
    Business: Adv. Sonam Kotak for plaintiff present and submitted that the address of deft.no. 1 is not found correct therefore she filed the ch/s to correct the address.
    Heard the adv.of plaintiff and keep for ch/s order.
    None present for defendant
    Matter is adjd. to 14.09.2022 for ch/s order.
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 14-09-2022
    
    Date: 14-09-2022
    Business: Adv. Sonam Kotak a/w Adv. Madhura Mullay for plaintiff present.
    None present for defendant.
    Read the ch/s no 490/2021.
    Plaintiff have filed suit against defendant for relief prayed in the plaint. He made party in the suit to defendant no. 1 but inadvertently wrong address mentioned in caused title who does not have the jurisdiction to deal and entertain the matter of the property situated in Chamber Summons no. 490 of 2021. The plaintiff needs to correct the address mentioned for necessary correspondence which is stated in schedule annexed with ch/s no  reply filed by the other party. Considering nature of amendment it will not harm or prejudice to other party. Hence, for the final ad-judicature of the matter and for interest of justice Chamber Summons no. 490 of 2021 is hereby allowed in terms of correct the address of Defendant No.1 as per schedule annexed to the Chamber Summons no. 490 of 2021. Plaintiff is directed to carry out amendment in the plaint within 15 days from the date of order. No order as to costs.
    Matter is adjd. to 24.11.2022 for service affidavit of deft.no. 1.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 24-11-2022
    
    Date: 24-11-2022
    Business: As court is busy in dictating order in NM No. 1879/2016 in suit No. 982/16, order on Exh. 6 in Suit No. 2449/21 and hearing arguments in Suit No. 1078/2022. Hence, board is discharged. Hence, Matter is adjd. to 25.01.2023 for Affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 25-01-2023
    
    Date: 25-01-2023
    Business: As Court is busy in dictating Judgment in Suit No. 1544/2019, Recoding Evidence in Suit Nos. 3641/12 and Suit No. 4431/13. Hence, board is discharged.
    Matter is adjourned to 23.03.2023 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 23-03-2023
    
    Date: 23-03-2023
    Business: court is on leave
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 23-06-2023
    
    Date: 23-06-2023
    Business: Both parties and their advocate are absent.
    Adjourned for affidavit of service to 23.08.2023.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 23-08-2023
    
    Date: 23-08-2023
    Business: None present for both the sides.
    Matter is adjourned to 22.11.2023 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 22-11-2023
    
    Date: 22-11-2023
    Business: None present for both the sides.
    Matter is adjourned to 07.03.2024 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 07-03-2024
    
    Date: 07-03-2024
    Business: None present for both the sides.
    Matter is adjourned to 26.06.2024 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 26-06-2024
    
    Date: 26-06-2024
    Business: None present for both the sides.
    Matter is adjourned to 08.08.2024 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 08-08-2024
    
    Date: 08-08-2024
    Business: None present for plaintiff.
    None present for defendants.
    As both parties and their advocates are absent, Matter is adjourned to 16/10/24 for service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 16-10-2024
    
    Date: 16-10-2024
    Business: Plaintiff present.
    Adv. Kudalkar present for plaintiff.
    Advocate Shweta h/f. Advocate Kandekar for defendant/MHADA present.
    KB LO at 03.34 pm.
    Adv. T. A. Dhotre for plaintiff present.
    Advocate Shweta h/f. Advocate Kandekar for defendant/MHADA present.
    Exh.1- Plaint
    Exh.2- Vakalatnama
    Exh.3-Memorandum of Address
    Exh.4- List of documents.
    Adv. for plaintiff filed affidavit of evidence of Mr. Mohammed Rizwan Khan, PW- 1 longwith list of documents. t.o.r. marked as Exh. 5 and Exh. 6 accordingly.
    Pw 01 present.
    Matter is adjourned to 15/10/24 for Admissibility of documents/RE.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 20-12-2024
    
    Date: 20-12-2024
    Business: None present for plaintiff.
    None present for defendants.
    Matter is adjourned to 06/03/2025 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 06-03-2025
    
    Date: 06-03-2025
    Business: None present for plaintiff.
    None present for defendants.
    As both parties and their advocates are absent, Matter is adjourned for filing affidavit of service of writ of summons/necessary order to 29-03-25.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 29-03-2025
    
    Date: 29-03-2025
    Business: None present for plaintiff.
    None present for defendants.
    Perusal of the record shows that, the plaintiff and his advocate are absent from dt. 23-06-23 and not taken any steps to proceed with the matter. This shows that, the plaintiff is not interested to proceed further with the suit. Hence, the following order.
                                          ORDER
    1) The suit is dismissed for want of prosecution.
    2) The Notice of Motion no. 1616/2018 pending is also disposed of
         accordingly.
    3) The suit is disposed of accordingly.
    Nature Of Disposal: OTHERWISE
    Disposal Date: 29-03-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 105592/2018
    Filing Date: 18-04-2018
    First Hearing Date: 07th August 2018
    Decision Date: 29th March 2025
    Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1
    29 Mar 2025
    Order Details: Notice of Motion
    Pdf Text: Daily Status
    IN THE COURT OF :COURT 09 ADDL SESSIONS JUDGE
    Case No. :NOTICE OF MOTION/0101616/2018
    Shri Aai Ekvira Devi Seva Sanstha - through Rakesh Harishchandra Kadam Vs 1.The Deputy Collector 2. Spenta Housing
    Corporation
    Date : 29-03-2025
    Business : None present for plaintiff. None present for defendants.
    Perusal of the record shows that, the plaintiff and his advocate
    are absent from dt. 23-06-23 and not taken any steps to
    proceed with the matter. This shows that, the plaintiff is not
    interested to proceed further with the suit. Hence, the
    following order. ORDER 1) The suit is dismissed for want of
    prosecution. 2) The Notice of Motion no. 1616/2018 pending
    is also disposed of accordingly. 3) The suit is disposed of
    accordingly.
    Nature of Disposal : OTHERWISE
    Disposal Date : 29-03-2025
    COURT 09 ADDL SESSIONS JUDGE
    -- 1 of 1 --
    Order 1
    29 Mar 2025
    Order Details: Notice of Motion
    Pdf Text: Daily Status
    IN THE COURT OF :COURT 09 ADDL SESSIONS JUDGE
    Case No. :NOTICE OF MOTION/0101616/2018
    Shri Aai Ekvira Devi Seva Sanstha - through Rakesh Harishchandra Kadam Vs 1.The Deputy Collector 2. Spenta Housing
    Corporation
    Date : 29-03-2025
    Business : None present for plaintiff. None present for defendants.
    Perusal of the record shows that, the plaintiff and his advocate
    are absent from dt. 23-06-23 and not taken any steps to
    proceed with the matter. This shows that, the plaintiff is not
    interested to proceed further with the suit. Hence, the
    following order. ORDER 1) The suit is dismissed for want of
    prosecution. 2) The Notice of Motion no. 1616/2018 pending
    is also disposed of accordingly. 3) The suit is disposed of
    accordingly.
    Nature of Disposal : OTHERWISE
    Disposal Date : 29-03-2025
    COURT 09 ADDL SESSIONS JUDGE
    -- 1 of 1 --

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