NOTICE OF MOTION
Mr. Jayendra Bhalchandra GaikwadVsSmt. Ramabai Bhiva Bhoir +2 more
CNR MHCC01005546201865-COURT 65 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 20th December 2025
TrustJury record updated 12 Sept 2026
Case Overview
- Registration Number
- 101666/2018
- Registration Date
- 24 Apr 2018
Advocates
1For Petitioner
For Respondent
Not available
Parties
4Acts & Sections
1Public Premises (Eviction of Unauthorised Occupants) Act · Sec 9
Case History / Proceedings
Case History
Date: 12-06-2018
Business: Board is discharged and adjd.for Service on 06.08.2018.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 06-08-2018
Date: 06-08-2018
Business: Adv. Sanjay Dhadham for Defendant present and he filed Vakalatnama T.O.R. marked Exh. 2.
He tendered draft Notice of Motion. T.O.R.
Leave granted to register Notice of Motion.
Adjd. to 25.09.2018
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 25-09-2018
Date: 25-09-2018
Business: HHJ is Nominated as trainer for training on mediation hence today Board is discharged.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 28-11-2018
Date: 28-11-2018
Business: HHJ is nominated as trainer for training on mediation hence today board is discharged.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 06-02-2019
Date: 06-02-2019
Business: Adv. Bhuea for Plaintiff present.
Adv. Bagate for Defendant present.
Registered NM no.3143/18 tendered by Defendant t.o.r.
Copy of NM is given to Plaintiff.
WS filed by Defendant but decision in respect of taking same on record is based on decision of above referred NM. Therefore, it is not exhibited.
Deft filed reply to NM no.1666/18 t.o.r.
Plaintiff has not tendered original NM for which leave was granted on 19.04.2018. As per the reply to NM filed by Defendant, it appears that original NM of Plaintiff is having No. 1666/18. Plff is directed to tender original NM by next date, in default appropriate order would be passed.
Adj for reply and hearing to NM No.3143/18 and compliance to 25.02.2019.
Next Purpose: REPLY
Next Hearing Date: 25-02-2019
Date: 25-02-2019
Business: Adv. Prasad Apte for plaintiff present.
Adv. Vijay Dhadam for defendant present.
Reply filed by plaintiff to NM no. 3143/18.
Application filed by Advocate for plaintiff for reconstruction of original NM no. 1666/18.
Defendants to file say. Copy of application is given to other side. Plaintiff is directed to supply copy of draft of said motion to defendants.
Adjourned for reply to 28.3.2019.
Next Purpose: REPLY
Next Hearing Date: 28-03-2019
Date: 28-03-2019
Business: Adv. Kiran Chandorkar for Plaintiff present.
Adv. Khandesh Bagade appeared for defendant.
Order below Notice of Motion No.3143 of 2018.
Read notice of motion, affidavit in support of it, reply of Plaintiff.
Heard respective counsel for parties.
Notice of motion filed to condone delay of 45 days caused in filing written statement and to take written statement on record. It is the contention of defendants that defendants have received summons on or about 05.05.2018, defendant no.3 is only person who is looking after the affairs of litigations pending in the Court of Law on behalf of all the defendants. Defendant nos.1,4 an 5 are senior citizens and more than 72 years old, so unable to attend the Court while defendant no.2 is working person getting only weekly off from his office. So they all are dependant upon defendant no.3 to look after affairs of litigations. It is further contended that after receipt of summons, defendant no.3 tried to contact their Advocate but due to summer vacation, he was not available and asked him to visit his office in first week of June-2018. Then he handed over papers to his Advocate in first week of June and informed him that 12.06.2018 is next date. Their Advocate told him at least he requires two weeks time to go through papers and draft written statement. He further told that on 12.06.18 he will make request for adjournment for filing written statement. It is further stated that in July-2018 their written statement was ready but suit was adjourned on 06.08.18 beyond 90 days. In light of these contentions, defendants have made prayer in above terms.
Plaintiff opposed notice of motion on the count that defendants have failed to explain each day of delay caused in filing their written statement on record.
It is contended that delay is not properly explained and reasons given by the defendants cannot be accepted to be just and sufficient. Accordingly, it is prayed that notice of motion be dismissed.
It is a settled law that Order 8 Rule 1 of CPC is not mandatory and in specific circumstances the WS can be accepted with reasons. It is also held that in an adversarial system, no party should be denied an opportunity in participation of the justice dispensation system (Salem Bar Association V/s Union of India (2003 AIR SCC 189) and Zolba V/s Keshav (2008 AIR SCC 2099)
In view of above legal position, I have considered the contention of parties. It is settled law that there is no need to explain each day delay caused in filing of written statement. The reason assigned by defendants are sufficient to condone delay and to take written statement on record. It is pertinent to note that defendant no.3 has made affirmation to the present notice of motion on 21.07.2018 i.e. within the period of 90 days from the date of service of summons upon defendants and stated that their WS is ready. They have also filed written statement on 06.02.2019 but it was not marked exhibit. Verification to said written statement was made on 21.07.18 i.e. within the period of 90 days from the date of service of summons upon defendants. This shows bonafide on the parts of defendants. It cannot be said that their act is deliberate. Moreso, delay caused in filing written statement is not inordinate. In the facts of matter, reason assigned by defendants is sufficient to condone delay and take written statement on record. However, considering period of delay and conduct of defendants, certain costs is required to be imposed upon them. Hence, pass following order.
ORDER
1. Notice of Motion No.3143 of 2018 is allowed and made absolute in terms of prayer clause (a) subject to payment of costs of Rs.2,000/- by the defendants to the Plaintiff within one week. Defendants are at liberty to deposit costs payable to the Plaintiff in the court.
2. On payment of costs by the defendants written statement filed by them be marked exhibit.
Accordingly, NM No.3143/18 is disposed off.
Adj for say on application to 20.06.2019.
Next Purpose: REPLY
Next Hearing Date: 20-06-2019
Date: 20-06-2019
Reason For Adjournment: court time is over
Next Purpose: REPLY
Next Hearing Date: 30-08-2019
Date: 30-08-2019
Business: Plaintiff present. His advocate absent.
None present for Defendant.
Case is adjourned to 19/10/2019 for NM reply.
Next Purpose: REPLY
Next Hearing Date: 19-10-2019
Date: 19-10-2019
Business: Application for reconstruction of NM no.1666/18 is filed by Plaintiff on record but it seems that it is not exhibited hence it is marked as Exh.3.
Advocate Kiran Chandolkar for Plaintiff present
Advocate Khandesh Baghate for Defendant present
Defendant has already deposited cost amount for compliance of order passed by court in NM no.3143/18, hence Written Statement of Defendant is accepted and marked as Exh.4.
ORDER BELOW EXH.3
Application for seeking permission for reconstruction of NM no.1666/18. It is mentioned in the application that court has granted leave to register draft NM taken out by Plaintiff and it was registered as NM no.1666/18 however after getting it back after its registration, same is misplaced from the records during the shifting of papers of the matter from the Churchgate office of advocate of Plaintiff to his office at Kandivali and therefore, registered is not traceable, it is misplaced inadvertently and therefore Plaintiff has prayed to permit Plaintiff to reconstruct said NM.
Heard Plaintiff\''s advocate. Defendants advocate submitted that Defendant is not intending to file any reply to application and Defendants advocate further submitted that necessary orders may be passed in the matter. Considering submissions and fact that registered NM is misplaced in the shifting of the office of lawyer and further considering fact that Defendant has no objection for reconstruction of registered nm, I find that no prejudice will be caused to Defendant if Plaintiff will be allowed to reconstruct registered NM no.1666/18, hence application is allowed. Plaintiff is permitted to register NM no.1666/18. Plaintiff is directed to file reconstructed copy of NM on next date.
Case is adjourned to 18/12/2019 for filing reconstructed copy of NM.
Next Purpose: REPLY
Next Hearing Date: 18-12-2019
Date: 18-12-2019
Business: Advocate Ms. Kiran Chandolkar for Plaintiff present and pointed out that vvde order below Exh.3 Plaintiff was permitted to file reconstructed Notice of Motion no.1666/18 however said original Notice of Motion is now traced out hence Plaintiff may be permitted to tender the original registered Notice of Motion no.1666/18 on record. Plff is permitted to tender registered Notice of Motion. Hence, Plaintiff\''s advocate filed registered Notice of Motion no.1666/2018 with affidavit in support, t.o.r. In view of tendering of registered NM no.1666/18 order passed below Exh.3 has now become infructuous, hence there is no necessity to file reconstructed Notice of Motion. Plaintiff advocate filed original writ of summons and vakalatnama, t.o.r. Vakalatnama is marked as Exh.5
Advocate Mr. Nilesh Bagate for Defendant present
Case is adjourned to 25/02/2020 for hearing of NM.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-02-2020
Date: 25-02-2020
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-06-2020
Date: 25-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-08-2020
Date: 24-08-2020
Business: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-11-2020
Date: 05-11-2020
Business: None present for Plaintiffs.
None present for Defendants.
It seems that due to Corona pandemic, parties are absent, hence case is adjourned to 05.02.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-02-2021
Date: 05-02-2021
Business: Adv Ms.Kiran Chandolkar for plff present and mentioned the matter in the morning session. She seeks adjournment for filing rejoinder in NM No.1666/2018.
Matter is on board of afternoon session hence, kept back.
L.O. afternoon session.
Adv Mr. Bagate for deft present.
Adv.for plff had claimed adjournment by mentioning the matter in the morning session.
Matter is adjd. for rejoinder in NM to 01.04.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-04-2021
Date: 01-04-2021
Business: None present for plff.
Adv. Sandesh Baghate for deft present.
As nobody is present for the plaintiff, considering the present Pandemic Condition matter adjourned at same stage beyond Summer vacation.
Adjourned for NM rejoinder and hearing to 22.04.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-04-2021
Date: 22-04-2021
Business: None present for both the parties.
Due to Covid-19 Pandemic and SOP issued by Honble High Court, as both parties are absent, matter adjourned at same stage beyond Summer Vacation.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-06-2021
Date: 22-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-08-2021
Date: 10-08-2021
Business: Adv Mr. Dinesh Shinde for plff present and seeks adjournment for filing NM rejoinder and hearing.
Adv Mr. Sandesh Bagate for deft No.1 present and filed written statement on behalf of deft No.2 and also filed affidavit in reply of deft No.2.
Matter is adjd. for filing NM rejoinder and hearing to 26.10.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-10-2021
Date: 26-10-2021
Business: court is on leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-12-2021
Date: 08-12-2021
Business: Adv Ms. Khopkar present for plff. and seeks time to file rejoinder.
Adv Ms. Anjali Chaudhary present for deft.
By consent, Matter is adjd. for NM rejoinder and hearing to 11.02.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-02-2022
Date: 11-02-2022
Business: Due to Covid-19, matter is adjd.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-04-2022
Date: 21-04-2022
Business: Adv Ms. Kiran Tandalkar present for plff. and seeks time to file affidavit in rejoinder.
None present for deft.
As nobody is present for the deft, on request of adv for plff, matter is adjd. for NM rejoinder to 19.07.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-07-2022
Date: 19-07-2022
Business: Plaintiff present.
Adv.Ms.Kiran Chandolkar for plaintiff present.
Adv.Baghate for deft. present.
The plaintiff filed rejoinder in NM 1666/18 t.o.r. and marked as Exh.6. Copy is received by the defendants.
Matter adjd to 19.09.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-09-2022
Date: 19-09-2022
Business: Adv. Ms. Kiran Chandarkar ib. Smitesh Bane for plaintiff present.
Adv. Khandesh Bagle for defendant present.
On oral request of the plaintiff. Matter adjd to 11.11.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-11-2022
Date: 11-11-2022
Business: Adv.Ms.Kiran Chandorkar for plaintiff present.
Adv.Khandesh Bagate for defendants present. On oral request of the defendant matter adj. to 18.01.2023 for hearing of NM.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-01-2023
Date: 18-01-2023
Business: Adv.Ms.Kiran Chandorkar for plaintiff present.
Adv.Khandesh Bagate for defendants present.
Adv.for defendants requested for adjournment. Last chance granted.
Matter adjd to 09.03.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-03-2023
Date: 09-03-2023
Business: Adv.Harshala Khopkar for plaintiff present.
Adv.Vijay Dhadam for defendant present.
On oral request of plaintiff matter adjd to 24.04.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-04-2023
Date: 24-04-2023
Business: Plaintiff present.
Adv.Ms.Kiran Chandodkar for plaintiff present.
Adv.Bagate for defendants present.
On oral request of defendants matter adjd to 12.07.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-07-2023
Date: 12-07-2023
Business: Matter is adjourned to
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-09-2023
Date: 15-09-2023
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-11-2023
Date: 07-11-2023
Business: Matter is adjourned to
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-01-2024
Date: 12-01-2024
Business: Adv. Harshada Khopkar a/w Plaintiff present.
None for defendants present.
Matter stands adjourned on 27.03.2024 for taking steps to bring Lrs. of defendant No.1 on record.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 27-03-2024
Date: 27-03-2024
Business: Advocate Kiran Chandulkar for Plaintiff present and prayed for adjournment. O - Granted.
Advocate Sandesh Bagate for defendant present.
Matter stands adjourned on 04.07.2024 for taking steps to bring Lrs. of defendant No.1 on record.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 04-07-2024
Date: 04-07-2024
Business: Adv. Kiran Chandolkar for plaintiff present.
None for defendant present.
She has filed draft Chamber Summons along with affidavit in support of Chamber Summons. Leave is granted to register it. Matter adjourned for service and registered Chamber Summons.
Matter stands adjourned on 10/09/2024 for hearing Chamber Summons.
Next Purpose: C/S HEARING
Next Hearing Date: 10-09-2024
Date: 10-09-2024
Business: Adv. Parth Mehta h/f Adv. Prasad for plaintiff present and submit registered Chamber Summons No.1832/2024 along with affidavit. Taken on record.
Adv. Vijay Dhadam for defendant present.
The plaintiff has taken out Chamber Summons No.1832/2024 for deleting name of defendant No.1 since expired. The Learned Adv. for defendants submitted No Objection for allowing Chamber Summons. Chamber Summons is allowed as prayed. Proceeding of Chamber Summons No.1832/2024 in Suit No.486/2018 is closed. Parties to take note. Plaintiff to carry out necessary amendment on or before next date.
Matter adjourned for filing amended copy of plaint.
Matter stands adjourned on 05/10/2024 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 05-10-2024
Date: 05-10-2024
Business: Adv. Kiran Chandolkar for plaintiff present and filed applicant for extension of time for compliance order dated 10/09/2024 in Chamber Summons No.1832/2024. O-Granted. Taken on record and marked as Exhibit-7.
Adv. Nandesh Bagate for defendant present.
Matter adjourned for compliance.
Matter stands adjourned on 05/12/2024 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 05-12-2024
Date: 05-12-2024
Business: Adv. Kiran Tandolkar for plaintiff present and submitted that she would carry out the compliance and matter be posted for motion hearing. Time extended for carrying compliance.
None for defendant present.
Matter stands adjourned on 06.02.2025 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-02-2025
Date: 06-02-2025
Business: Adv. Kiran Tendulkar for plaintiff present and prayed for grant of adjournment. Adjournment granted.
None for defendant present.
Matter stands adjourned on 11/04/2025 for Notice of Motion hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-04-2025
Date: 11-04-2025
Business: P.O. Is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-07-2025
Date: 01-07-2025
Business: P. O. is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-07-2025
Date: 23-07-2025
Business: NOT ON BOARD TAKEN ON BOARD
None for plaintiff.
None for defendant.
There is possibility of amicable settlement between the parties. Hence, Matter is referred to lok-adalat scheduled on 13.09.2025 for amicable settlement. Notice be issued to both the parties for appearing before lok-adalat.
Matter is adjourned to 13.09.2025 for Lok-adalat.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-09-2025
Date: 13-09-2025
Business: Matter pertains to C.R. No. 65
Both parties are absent. In absence of parties matter cannot be settled. Suit is returned to regular court.
Matter adjd to 14-11-2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-11-2025
Date: 14-11-2025
Business: None for plaintiff present.
None for defendant present.
Notice of Motion taken down by the plaintiff. Notice of Motion No.1666/2018 is not argued by the parties for long. Hence, Notice of Motion No.1666/2018 is posted for dismissal order.
Matter stands adjourned on 20/12/2025 for dismissal of Notice of Motion.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 20-12-2025
Date: 20-12-2025
Business: Adv. Akshay Nawar for plaintiff present.
None for defendant present.
Adv. for plaintiff Not Pressed the Notice of Motion No.1666/2018 and accordingly endorse the same.
O-The Notice of Motion withdrawn by plaintiffs advocate so Notice of Motion No.1666/2018 in suit No486/2018 disposed of as withdrawal Notice of Motion No.1666/2018 is closed as withdraw by plaintiff.
Nature Of Disposal: WITHDRAWL
Disposal Date: 20-12-2025Additional Case Details
Additional Case Details
Filing Number: 106020/2018 Filing Date: 24-04-2018 First Hearing Date: 12th June 2018 Decision Date: 20th December 2025 Court Number And Judge: 65-COURT 65 ADDL SESSIONS JUDGE
Orders
2Final Order 120 Dec 2025
20 Dec 2025
Order Details: Other Pdf Text: Daily Status IN THE COURT OF :COURT 65 ADDL SESSIONS JUDGE Case No. :NOTICE OF MOTION/0101666/2018 Mr. Jayendra Bhalchandra Gaikwad Vs 1. Smt. Ramabai Bhiva Bhoir 2. Mr. Vikas Bhiva Bhoir 3. Mr. Umesh Bhiva Bhoir Date : 20-12-2025 Business : Adv. Akshay Nawar for plaintiff present. None for defendant present. Adv. for plaintiff Not Pressed the Notice of Motion No.1666/2018 and accordingly endorse the same. O-The Notice of Motion withdrawn by plaintiffs advocate so Notice of Motion No.1666/2018 in suit No486/2018 disposed of as withdrawal Notice of Motion No.1666/2018 is closed as withdraw by plaintiff. Nature of Disposal : WITHDRAWL Disposal Date : 20-12-2025 -- 1 of 1 --
Order 120 Dec 2025
20 Dec 2025
Order Details: Other Pdf Text: Daily Status IN THE COURT OF :COURT 65 ADDL SESSIONS JUDGE Case No. :NOTICE OF MOTION/0101666/2018 Mr. Jayendra Bhalchandra Gaikwad Vs 1. Smt. Ramabai Bhiva Bhoir 2. Mr. Vikas Bhiva Bhoir 3. Mr. Umesh Bhiva Bhoir Date : 20-12-2025 Business : Adv. Akshay Nawar for plaintiff present. None for defendant present. Adv. for plaintiff Not Pressed the Notice of Motion No.1666/2018 and accordingly endorse the same. O-The Notice of Motion withdrawn by plaintiffs advocate so Notice of Motion No.1666/2018 in suit No486/2018 disposed of as withdrawal Notice of Motion No.1666/2018 is closed as withdraw by plaintiff. Nature of Disposal : WITHDRAWL Disposal Date : 20-12-2025 -- 1 of 1 --
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