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NOTICE OF MOTION

Smt. Purnima Shantilal Dedhia-JainVsMiss. Ujubala Madhav Desai and Ors.

CNR MHCC01005463201862-COURT 62 AD-HOC ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 20th October 2021

TrustJury record updated 12 Sept 2026

Case Overview

Registration Number
101661/2018
Registration Date
23 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: 03-05-2018
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-06-2018
    
    Date: 28-06-2018
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-08-2018
    
    Date: 03-08-2018
    Business: Matter is adjd. to 29.08.2018 for order on Ch/sum No.1864/17 and N/M No.1661/18.
    Next Purpose: CS NM ORDERS
    Next Hearing Date: 29-08-2018
    
    Date: 29-08-2018
    Business: Matter is adjd. to 05.09.2018 for order on N/M No.1661/18 / compliance by D/3.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 05-09-2018
    
    Date: 05-09-2018
    Business: Matter is adjd. to 11.10.2018 for Say on other documents at Exh.8 / hearing on N/M No.1661/18 / compliance by D/3.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 11-10-2018
    
    Date: 11-10-2018
    Business: Matter is adjd. to 01.11.2018 for hearing on N/M No.1661/18.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-11-2018
    
    Date: 01-11-2018
    Business: Matter is adjd. to 03.12.2018 for hearing on N/M No.1661/18.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-12-2018
    
    Date: 03-12-2018
    Business: Matter is adjd. to 14.01.2019 for hearing on N/M No.1661/18.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-01-2019
    
    Date: 14-01-2019
    Business: Court is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-02-2019
    
    Date: 15-02-2019
    Business: Plff.and adv.absent.
    Adv.Ms.Rekha Satpute for Deft.present.
    Matter is adjd.to 08.03.2019 for hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-03-2019
    
    Date: 08-03-2019
    Business: Matter is adjd. to 04.04.2019 for hearing on N/M No.1661/18.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-04-2019
    
    Date: 04-04-2019
    Business: Adv. for plff. present.
    Adv. for deft. present.
    Heard adv. for plff. and deft. on N/M No.1661/18.
    Matter is adjd. to 14.06.2019 for Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-06-2019
    
    Date: 14-06-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-08-2019
    
    Date: 21-08-2019
    Business: Matter not traceable.
    Court is busy in hearing NM in suit no.743/18 and court has to dictate order on NM in suit no.2447/18, case is adjourned to 22/10/2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-10-2019
    
    Date: 22-10-2019
    Business: None present for Plaintiff.
    Advocate Rekha Satpute for Defendant no.3 present and submitted that already reply to NM no.2447/18 is filed by Defendant no.3.
    As none present for Plaintiff, case is adjourned to 07/01/2020 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-01-2020
    
    Date: 07-01-2020
    Business: None present for Plaintiff.
    Representative of Defendant no.3 present.
    Case is adjourned to 18/02/2020 for NM for hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-02-2020
    
    Date: 18-02-2020
    Business: None present for Plaintiff.
    None present for Defendant.
    It is made clear that, if on next date, Plaintiff will not argue NM court will be compelled to dispose it of.
    Case is adjourned to 18/04/2020 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-04-2020
    
    Date: 18-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-05-2020
    
    Date: 18-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-05-2020
    
    Date: 08-05-2020
    Business: National Lock down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-05-2020
    
    Date: 08-05-2020
    Business: National Lock down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-05-2020
    
    Date: 29-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-06-2020
    
    Date: 29-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-06-2020
    
    Date: 16-06-2020
    Business: Due to lock down case is adjd. to 11.08.2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-08-2020
    
    Date: 11-08-2020
    Business: Adjd. to 29.09.2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-09-2020
    
    Date: 29-09-2020
    Business: None present for Plaintiff.
    None present for Defendants.
    Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 21.12.2020 for compliance.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-12-2020
    
    Date: 21-12-2020
    Business: None present for Plaintiffs.
    None present for Defendants.
    It seems that due to Corona pandemic, parties are absent, hence case is adjourned to 12/03/2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-03-2021
    
    Date: 12-03-2021
    Business: None present for plff.
    Adv Mr. Parahans Dixit for deft No.3 present.
    Roznama shows that nobody has attended the matter for and on behalf of the plff since 22.10.2019 hence, N.M. No.1661/2018 be kept for dismissal order.
    Matter is adjd. for NM dismissal to 29.04.2021.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 29-04-2021
    
    Date: 29-04-2021
    Business: Due to Covid matter is adjd.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 24-06-2021
    
    Date: 29-04-2021
    Business: Due to Covid matter is adjd.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 24-06-2021
    
    Date: 24-06-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 30-08-2021
    
    Date: 24-06-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 30-08-2021
    
    Date: 30-08-2021
    Business: Adv Ms. Mamta Shah for plff present and requested to remove the matter from NM dismissal caption by submitting that Adv.Mr. Murthy appearing for the plff has undergone Bypass surgery because of which he could not attend the court on previous dates.
    Adv Mr. Paramhans S. Dixit for deft No.3 present .
    Since adv. for the plff is present today, NM No.1661/2018 be removed from dismissal caption. Adv for deft seeks adjournment.
    By consent, Matter is adjd. for NM hearing to 06.10.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-10-2021
    
    Date: 06-10-2021
    Business: Adv Ms. Mamta Shah present for plff
    None present for deft.
    K.B.
    L.O. at 4.50 p.m.
    Adv Ms. Mamta Shah present for plff
    Adv Ms. Rekha Satpute for deft No.3 present.
    During hearing argument of ld. Advocate for the plff in contempt N.M.No.1661/2018, it came to the notice that Adv for defendant No.3 has produced copies of documents with list Exh.8 on 05.09.2018. Those documents contain an affidavit about lodging of  police complaint in respect of missing of the bag containing original development agreement and original power of attorney which are directed to be produced by this Court as per order dt.08.12.2017 passed in NM No.2586/2012. Ld. Advocate for deft No.3 submitted that deft No.3 is ready to file further undertaking on affidavit that in case these original documents are traced out in future  , the same will be deposited in this Court immediately and deft No.3 will not misuse those original documents.
    Ld. adv. for the plff has no objection to give that liberty to deft no.3. Hence, matter is adjd. for filing affidavit by deft No.3 and for further hearing in NM No.1661/2018 to 20.10.2021.
    It came to the notice that year of the suit is mentioned wrongly as “2014” in Exh.8 filed by the deft. No.3. Ld. Advocate for deft No.3 is permitted to correct said year to “2012” from year “2014”. Correction is accordingly effected by the ld. Advocate for deft No.3 on Exh.8.
    Authenticated copy of this roznama be given to both parties as per rules.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-10-2021
    
    Date: 20-10-2021
    Business: Adv Ms. Mamta Shah present for plff.
    Adv Mr. Bhandari present for deft Nos.1 and 2.
    Adv Ms. Satpute present for deft.No.3. and requested to keep back the matter.
    K.B.
    L.O.at 4.55 p.m.
    Adv Ms. Mamta Shah present for plff.
    Adv Ms. Satpute present for deft.No.3 and filed undertaking in the form of affidavit of Ganesh Parab in N.M.No.1661/2018. Affidavit of Shashank Parab is annexed to the said affidavit. Adv. for the plff brought to the notice that there is mistake on page No.6 in mentioning the date as 23rd Day of December 2019 in the affidavit of Shashank Parab. Adv. for deft No.3 submitted that said date is mentioned by mistake. Adv. for deft No.3 also produced copy of resolution dt.12.02.2018 to show that deponant Ganesh Parab is authorized by the defendant No.3 for filing the undertaking in the form of affidavit. Copies of both the affidavits and resolution are supplied to the adv. for the plff.
         Ld. advocate for the plff made endorsement on N.M.No.1661/2018 as “Not pressing for it in view of the affidavit undertaking along with resolution of deft No.3, Shahank Parab, Janvi Parab in favour of Ganesh Parab and affidavit of Shashank Parab. Plff seeks liberty to challenge and to take appropriate action if this affidavit and or undertaking is found to be fraudulent and or misused.”
         Adv for deft No.3 submitted that deft No.3 has no objection to grant to liberty as claimed.
         In view of the endorsement made by ld. Advocate for the plff as above, N.M.No.1661/2018 stands disposed off being not pressed with liberty to the plff as is claimed.
    Matter is adjd. for filing draft issues to 20.12.2021.
    Authenticated copy of this roznama be given to both the parties as per rules.
    Nature Of Disposal: WITHDRAWL
    Disposal Date: 20-10-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 106019/2018
    Filing Date: 23-04-2018
    First Hearing Date: 03rd May 2018
    Decision Date: 20th October 2021
    Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    20 Oct 2021

    Order Details: Other Pdf Text: 20/10/2021 CORAM : H.H.J. SHRI P.P.RAJVAIDYA (C.R. NO.62) 31 SU 2348/12 Adv Ms. Mamta Shah present for plff. Adv Mr. Bhandari present for deft Nos.1 and 2. Adv Ms. Satpute present for deft.No.3. and requested to keep back the matter. K.B. L.O.at 4.55 p.m. Adv Ms. Mamta Shah present for plff. Adv Ms. Satpute present for deft.No.3 and filed undertaking in the form of affidavit of Ganesh Parab in N.M.No.1661/2018. Affidavit of Shashank Parab is…

    Read Full Order
    Order 1Full order available
    20 Oct 2021

    Order Details: Other Pdf Text: 20/10/2021 CORAM : H.H.J. SHRI P.P.RAJVAIDYA (C.R. NO.62) 31 SU 2348/12 Adv Ms. Mamta Shah present for plff. Adv Mr. Bhandari present for deft Nos.1 and 2. Adv Ms. Satpute present for deft.No.3. and requested to keep back the matter. K.B. L.O.at 4.55 p.m. Adv Ms. Mamta Shah present for plff. Adv Ms. Satpute present for deft.No.3 and filed undertaking in the form of affidavit of Ganesh Parab in N.M.No.1661/2018. Affidavit of Shashank Parab is…

    Read Full Order

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