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NOTICE OF MOTION

Mrs. Vina AhujaVsRunwal Grandeur Co-operative Housing Soc. Ltd.

CNR MHCC0100538420182-COURT 02 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 03rd September 2018

TrustJury record updated 12 Sept 2026

Case Overview

Registration Number
101651/2018
Registration Date
21 Apr 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Petitioner

    1. 1Mrs. Vina Ahuja

    Respondent

    1. 1Runwal Grandeur Co-operative Housing Soc. Ltd.

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 03-05-2018
Business: SU 608/18
Adjd to 20.6.2018
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-06-2018

Date: 20-06-2018
Business: Adv.Mr.Pratap Singh for Plff.present.
He tendered original registered N/m No.1651/2018 t.o.r.
None for defendant.
Adjd.for filing affidavit of service on 05.07.2018.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 05-07-2018

Date: 05-07-2018
Business: Adv. Shailesh Pal for Plaintiff present.
Adv. Santosh Jagtap for defendant present.
  Adv. for plaintiff filed affidavit of service. TOR.
  On oral request of Adv. for defendant, adjd for NM reply.
Adjd for NM reply on 01.08.18.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-08-2018

Date: 01-08-2018
Business: Adv.Mr.Pratap Singh Plff.present.
None for defendant.
Case to proceed without reply to N/m
Adjd.for N/m hearing on 03.09.2018.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-09-2018

Date: 03-09-2018
Business: Adv.Mr.Pal for Plaintiff present.
None for defendant.
Order below N/m No.1651/18.
Perused N/m which is supported by an affidavit.  None appeared for the defendant and no reply is filed to the N/m.  It is submitted that the plaintiff is in exclusive use, occupation and possession of the open terrace.  These facts are not challenged by filling any reply.  As the plaintiff has established the prima facie case showing his possession over the suit property, the balance of convenience lies in his favour. Hence the N/m No.1651/2018 is allowed and made absolute in terms of prayer clause(a).  N/m is disposed of accordingly.
Nature Of Disposal: ALLOWED
Disposal Date: 03-09-2018

    Additional Case Details

    Additional Case Details
    Filing Number: 105938/2018
Filing Date: 21-04-2018
First Hearing Date: 03rd May 2018
Decision Date: 03rd September 2018
Court Number And Judge: 2-COURT 02 ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1
    03 Sept 2018
    Order Details: Other
Pdf Text: 03.09.2018
SU 608/18
CORAM: H. H. J. SHRI.KISHORE M.JAISWAL (CR. NO. 02)
Adv.Mr.Pal for Plaintiff present.
None for defendant.
Order below N/m No.1651/18.
Perused N/m which is supported by an affidavit. None appeared for
the defendant and no reply is filed to the N/m. It is submitted that the
plaintiff is in exclusive use, occupation and possession of the open
terrace. These facts are not challenged by filling any reply. As the
plaintiff has established the prima facie case showing his possession
over the suit property, the balance of convenience lies in his favour.
Hence the N/m No.1651/2018 is allowed and made absolute in
terms of prayer clause(a). N/m is disposed of accordingly.
Adjd.for written statement on 11.02.2019.
Judge
-- 1 of 1 --
    Order 1
    03 Sept 2018
    Order Details: Other
Pdf Text: 03.09.2018
SU 608/18
CORAM: H. H. J. SHRI.KISHORE M.JAISWAL (CR. NO. 02)
Adv.Mr.Pal for Plaintiff present.
None for defendant.
Order below N/m No.1651/18.
Perused N/m which is supported by an affidavit. None appeared for
the defendant and no reply is filed to the N/m. It is submitted that the
plaintiff is in exclusive use, occupation and possession of the open
terrace. These facts are not challenged by filling any reply. As the
plaintiff has established the prima facie case showing his possession
over the suit property, the balance of convenience lies in his favour.
Hence the N/m No.1651/2018 is allowed and made absolute in
terms of prayer clause(a). N/m is disposed of accordingly.
Adjd.for written statement on 11.02.2019.
Judge
-- 1 of 1 --

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