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NOTICE OF MOTION

Kantibhai ShahVsSun Construction And Ors

CNR MHCC0100516820181-COURT 01 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHER
Decision Date: 21st September 2019

TrustJury record updated 12 Sept 2026

Case Overview

Registration Number
101630/2018
Registration Date
19 Apr 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 20-06-2018
    Business: Adv. Mr. Devani for plff. present.
    Adv. Mr. Dalal for Deft.Nos.1,2, 4 and 5 present.
    Registered N/M No.1630/18 tendered by plff.
    Reply to N/M tendered by Deft. no.3.
    Adv. for deft. Nos.1 2, 4 and 5 seeks  adjournment for filing reply to N/M granted as last chance.
    Adv. for the plff.  has submitted that earlier there was consent order in the suit and he insisted to continue the said order.  It appears from the record that the plff. has taken out N/M  for restoration of the suit after laps of 5 years.  Interim order passed in the suit has already discontinued when the suit was dismissed in default.  In such facts and circumstances, it is not just to pass interim order as prayed, without hearing in the N/M on merits. Therefore, relief prayed by way of prayer clause (c) in N/M. Prima facie it is not just and proper to at this stage. Hence, reply to N/M by Deft. Nos.1, 2, 4 and 5 to 01.08.2018.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 01-08-2018
    
    Date: 01-08-2018
    Business: Adv. Mr. Devani for the Plaintiff present.
    Adv. Ms. Sawatkar for Defendant nos. 1 to 5 present.
    Reply to N/M tendered by deft nos. 1, 4 and 5. t.o.r.
    Matter is adjd. to 17.09.2018 for reply to N/M by deft no. 2.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 17-09-2018
    
    Date: 17-09-2018
    Business: Adv. Mr. Devani for the Plaintiff present.
    Adv. Ms. Tejashri for Defendant nos. 1 to 5  present.
    Reply to N/M tendered by deft nos. 1 to 5. t.o.r.
    Matter is adjd. to 22.11.2018 for N/M hearing.
    Reason For Adjournment: court time is over
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 22-11-2018
    
    Date: 22-11-2018
    Business: Board is discharged.
    The court is busy in dictating judgment in Suit No. 2328/12.
    Matter is adjd. to 28.01.2019 for N/M Reply.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 28-01-2019
    
    Date: 28-01-2019
    Reason For Adjournment: court time is over
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 19-03-2019
    
    Date: 19-03-2019
    Business: Resumed.
    The P.O. is busy in dictating NM orders in Suit No. 2803/2018 and 2804/2018 and Ch/s orders in Suit No. 8337/1998.  For want of time the board is discharged.
    Adjd for NM reply to 21.06.2019.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 21-06-2019
    
    Date: 21-06-2019
    Business: Adv. Devani for plaintiff present.
    Adv.Shivani Shukla for defendants present.
    Rejoinder filed by the plaintiff.  O- R and R
    Adjourned for NM hearing to 31.7.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 31-07-2019
    
    Date: 31-07-2019
    Business: Adv. Mukesh Devani for plaintif present.
    Adv. Tejashree for defendant present.
    Both the parties seek time for hearing on NM.
    By consent of the parties, adjourned for NM hearing to 4.10.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-09-2019
    
    Date: 21-09-2019
    Business: By precepie.
    Plaintiff present.  His advocate is absent.
    Defendant nos. 3, 4 and 5 present.
    Adv. Rajmani Verma for defendant nos. 1 to 5 present.
    Consent terms.
    Plaintiff and defendant nos. 1 to 5 have filed the consent terms. The plaintiff has also filed his ID proof which is part of the consent terms.  The defendant nos. 1 to 5 have issued four cheques to the plaintiff and plaintiff submitted that the matter is amicably settled between  him and defendant nos. 1 to 5 in terms of consent terms.  Therefore he does not wish to prosecute NM.  Notice of Motion No. 1630/18 is disposed of accordingly. No order as to costs.
    Nature Of Disposal: OTHER
    Disposal Date: 21-09-2019

    Additional Case Details

    Additional Case Details
    Filing Number: 105724/2018
    Filing Date: 19-04-2018
    First Hearing Date: 20th June 2018
    Decision Date: 21st September 2019
    Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    21 Sept 2019

    Order Details: Other Pdf Text: Noting : 21/09/2019 1 C. R. No. 01 21/09/2019 SU-7250/04 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. Remedies for plaintiff present. Adv. Nawaz Indale for defendant no. 1 present. Plaintiff present. The Ld. counsel for the defendant no. 1 seeks time on the count that the matter before the Hon'ble High Court is listed on 23.9.2019 and seeks adjournment. Adjourned for arguments to 4.10.2019. Judge 21/09/2019 SU-4400/13 CORAM : H.H.J.SHRI M.…

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    Order 1Full order available
    21 Sept 2019

    Order Details: Other Pdf Text: Noting : 21/09/2019 1 C. R. No. 01 21/09/2019 SU-7250/04 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. Remedies for plaintiff present. Adv. Nawaz Indale for defendant no. 1 present. Plaintiff present. The Ld. counsel for the defendant no. 1 seeks time on the count that the matter before the Hon'ble High Court is listed on 23.9.2019 and seeks adjournment. Adjourned for arguments to 4.10.2019. Judge 21/09/2019 SU-4400/13 CORAM : H.H.J.SHRI M.…

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