NOTICE OF MOTION
Surekha J. ThakurVsSushant Rajendra Acharya And Ors
CNR MHCC01005562201863-COURT 63 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 03rd November 2023
TrustJury record updated 12 Sept 2026
Case Overview
- Registration Number
- 101681/2018
- Registration Date
- 24 Apr 2018
Advocates
1For Petitioner
For Respondent
Not available
Parties
2Petitioner
Respondent
Acts & Sections
1Public Premises (Eviction of Unauthorised Occupants) Act · Sec 9
Case History / Proceedings
Case History
Date: 09-07-2018
Business: Court is on leave
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 04-09-2018
Date: 04-09-2018
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 19-10-2018
Date: 19-10-2018
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 04-12-2018
Date: 04-12-2018
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 30-01-2019
Date: 30-01-2019
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 20-03-2019
Date: 20-03-2019
Business: Resumed.
The P.O. is busy in dictating judgment in Suit no. 4953/2012 and hearing NM in Suit No. 301/1988. For want of time the board is discharged.
Adjd for NM reply to 28.06.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-06-2019
Date: 28-06-2019
Business: Matter not traceable.
Advocate Ms. Nootan Naik for Plaintiff present
Advocate Mr. Mohan Das for Defendant no.1 present and submitted that Defendant no.1 is reported to be dead on 30/03/2019.
Case is adjourned to 03/10/2019 for Steps by Plaintiff.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 03-10-2019
Date: 03-10-2019
Business: Matter called out(4.09pm)
Adv.Ankita Naik for plaintiff present tendered draft Chamber Summons alongwith affidavit.O-Leave is granted to register the Chamber Summons.
Adv.Pooja Shinde for defendant no.1 present she inform that defendant no.1 is expired.
Matter is adj to 22/10/19 for reply on C/S.
Next Purpose: C/S REPLY
Next Hearing Date: 22-10-2019
Date: 03-10-2019
Business: Matter called out(4.09pm)
Adv.Ankita Naik for plaintiff present tendered draft Chamber Summons alongwith affidavit.O-Leave is granted to register the Chamber Summons.
Adv.Pooja Shinde for defendant no.1 present she inform that defendant no.1 is expired.
Matter is adj to 22/10/19 for reply on C/S.
Next Purpose: C/S REPLY
Next Hearing Date: 22-10-2019
Date: 03-10-2019
Business: Matter called out(4.09pm)
Adv.Ankita Naik for plaintiff present tendered draft Chamber Summons alongwith affidavit.O-Leave is granted to register the Chamber Summons.
Adv.Pooja Shinde for defendant no.1 present she inform that defendant no.1 is expired.
Matter is adj to 22/10/19 for reply on C/S.
Next Purpose: C/S REPLY
Next Hearing Date: 22-10-2019
Date: 22-10-2019
Business: Matter called out(3.08pm)
Adv.Ankita Naik for plaintiff present tendered registered chamber summons.
Adv.Pooja Shinde i/b Rajalakshmi for defendant no.1 present.
Heard both the side on C/S No.1829/19
Defendant have no objection in view of that, Chamber Summons No.1829/19 made absolute in terms of prayer clause.(a) and (b)
Plaintiff to carryout necessary amendment within 14 days.
Chamber Summons No.1829/19 is disposed off.
Matter is adj to 10/12/19 for hearing on N/M.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-12-2019
Date: 22-10-2019
Business: Matter called out(3.08pm)
Adv.Ankita Naik for plaintiff present tendered registered chamber summons.
Adv.Pooja Shinde i/b Rajalakshmi for defendant no.1 present.
Heard both the side on C/S No.1829/19
Defendant have no objection in view of that, Chamber Summons No.1829/19 made absolute in terms of prayer clause.(a) and (b)
Plaintiff to carryout necessary amendment within 14 days.
Chamber Summons No.1829/19 is disposed off.
Matter is adj to 10/12/19 for hearing on N/M.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-12-2019
Date: 22-10-2019
Business: Matter called out(3.08pm)
Adv.Ankita Naik for plaintiff present tendered registered chamber summons.
Adv.Pooja Shinde i/b Rajalakshmi for defendant no.1 present.
Heard both the side on C/S No.1829/19
Defendant have no objection in view of that, Chamber Summons No.1829/19 made absolute in terms of prayer clause.(a) and (b)
Plaintiff to carryout necessary amendment within 14 days.
Chamber Summons No.1829/19 is disposed off.
Matter is adj to 10/12/19 for hearing on N/M.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-12-2019
Date: 10-12-2019
Business: Matter is called out at 3.45pm
Adv.Ankita Naik for plaintiff present.
Adv.Athira Rajeevan for defendant no.1present seeking time. Time granted.
Matter is adj to 17/02/2020 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-02-2020
Date: 10-12-2019
Business: Matter is called out at 3.45pm
Adv.Ankita Naik for plaintiff present.
Adv.Athira Rajeevan for defendant no.1present seeking time. Time granted.
Matter is adj to 17/02/2020 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-02-2020
Date: 10-12-2019
Business: Matter is called out at 3.45pm
Adv.Ankita Naik for plaintiff present.
Adv.Athira Rajeevan for defendant no.1present seeking time. Time granted.
Matter is adj to 17/02/2020 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-02-2020
Date: 17-02-2020
Business: Matter is called out at 3.07pm
Adv.Ankita P.Naik for plaintiff present.
Adv.Adhira Rajeevan for defendant no.1 present.
Adv. for defendant no.1 filed further additional affidavit. (Exh-6) O-Seen and filed.
Copy serve to the other side.
Matter is adj to 07/04/2020 for N/M hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-04-2020
Date: 17-02-2020
Business: Matter is called out at 3.07pm
Adv.Ankita P.Naik for plaintiff present.
Adv.Adhira Rajeevan for defendant no.1 present.
Adv. for defendant no.1 filed further additional affidavit. (Exh-6) O-Seen and filed.
Copy serve to the other side.
Matter is adj to 07/04/2020 for N/M hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-04-2020
Date: 17-02-2020
Business: Matter is called out at 3.07pm
Adv.Ankita P.Naik for plaintiff present.
Adv.Adhira Rajeevan for defendant no.1 present.
Adv. for defendant no.1 filed further additional affidavit. (Exh-6) O-Seen and filed.
Copy serve to the other side.
Matter is adj to 07/04/2020 for N/M hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-04-2020
Date: 07-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-04-2020
Date: 07-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-04-2020
Date: 07-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-04-2020
Date: 18-04-2020
Business: NATIONAL LOCKDOWN.
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: 16-06-2020
Business: Due to Covid-19
None present.
Matter adj to 11/08/2020 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-08-2020
Date: 16-06-2020
Business: Due to Covid-19
None present.
Matter adj to 11/08/2020 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-08-2020
Date: 16-06-2020
Business: Due to Covid-19
None present.
Matter adj to 11/08/2020 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-08-2020
Date: 11-08-2020
Business: Due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-09-2020
Date: 11-08-2020
Business: Due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-09-2020
Date: 19-09-2020
Business: None present.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-11-2020
Date: 19-09-2020
Business: None present.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-11-2020
Date: 02-11-2020
Business: Due to Covid-19 none present.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-01-2021
Date: 02-11-2020
Business: Due to Covid-19 none present.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-01-2021
Date: 06-01-2021
Business: Plaintiff and advocate absent.
Defendant and advocate absent.
Matter adjd for N.M. hearing on 17/03/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-03-2021
Date: 17-03-2021
Business: Adv. Ankita Naik h/f I. M. Koparkar for plff present. she reqauested for adjourmen.
Adv. Pooja Shinde i/b Rajalakshmi associates for deft No.1 present.
Matter adjd for NM hearing on 14.06.2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-06-2021
Date: 14-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-07-2021
Date: 14-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-07-2021
Date: 17-07-2021
Business: None present for plaintiff.
None present for defendant.
Adjourned for NM hearing to 17.09.2021.
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-09-2021
Date: 17-09-2021
Business: P.O. is on Leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-10-2021
Date: 17-09-2021
Business: P.O. is on Leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-10-2021
Date: 29-10-2021
Business: None present for plaintiff.
Advocate Gauri Deshpande for defendant no. 1 is present.
Adjourned for NM hearing to 03.02.2022.
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-02-2022
Date: 03-02-2022
Business: Advocate Ankita Naik for plaintiff is present and filed draft C/S. Leave is granted to register.
None present for defendant.
Adjourned for C/S service and NM hearing to 11.03.2022.
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-03-2022
Date: 03-02-2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-03-2022
Date: 03-02-2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-03-2022
Date: 11-03-2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-06-2022
Date: 11-03-2022
Business: Advocate Ankita Naik for plaintiff is present and filed registered C/S No.237/22. Its copy served on advocate for defendant no.1.
Advocate Gouri Deshpande for defendant no.1 is present.
Adjourned for C/S reply to 17.06.2022.
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-06-2022
Date: 11-03-2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-06-2022
Date: 17-06-2022
Business: Court is Vacant.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-07-2022
Date: 17-06-2022
Business: Court is Vacant.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-07-2022
Date: 17-06-2022
Business: Court is Vacant.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-07-2022
Date: 29-07-2022
Business: Court is vacant.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-09-2022
Date: 29-07-2022
Business: Court is vacant.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-09-2022
Date: 20-09-2022
Business: Court is vacant.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-11-2022
Date: 20-09-2022
Business: Court is vacant.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-11-2022
Date: 11-11-2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-12-2022
Date: 11-11-2022
Business: Court is vacant.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-12-2022
Date: 11-11-2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-12-2022
Date: 14-12-2022
Business: Court is vacant.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-02-2023
Date: 14-12-2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-02-2023
Date: 14-12-2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-02-2023
Date: 13-02-2023
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-04-2023
Date: 13-02-2023
Business: Court is vacant.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-04-2023
Date: 13-02-2023
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-04-2023
Date: 06-04-2023
Business: P.O. is on leave. Matter is adjourned to
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-06-2023
Date: 06-04-2023
Business: P.O. is on leave. Matter is adjourned to
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-06-2023
Date: 06-04-2023
Business: P.O. is on leave. Matter is adjourned to
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-06-2023
Date: 14-06-2023
Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
None present for plaintiff.
Adv. Pooja Sawant present for defendant no.01.
Matter is adjd. for hearing on C/S to 25.07.2023.
Next Purpose: C/S HEARING
Next Hearing Date: 25-07-2023
Date: 14-06-2023
Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
None present for plaintiff.
Adv. Pooja Sawant present for defendant no.01.
Matter is adjd. for hearing on C/S to 25.07.2023.
Next Purpose: C/S HEARING
Next Hearing Date: 25-07-2023
Date: 14-06-2023
Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
None present for plaintiff.
Adv. Pooja Sawant present for defendant no.01.
Matter is adjd. for hearing on C/S to 25.07.2023.
Next Purpose: C/S HEARING
Next Hearing Date: 25-07-2023
Date: 25-07-2023
Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
Adv. Anikta Naik h/f Koparkar present for plaintiff.
None present for defendant.
CS no.237/2022 is taken for bringing LR’s of plaintiff on record. Suit is dismissed against Def nos.02, 03, 04a, 04 b, 05 and 06. Defendant no.01 has not filed say to CS. As per record plaintiff is died on 24.04.2021 and CS is taken on 23.02.2022.In view of relaxation of limitation due to Covid-29 by Hon’ble Supreme Court in SMW© No.3/2020 till 31.03.2022, CS is within limitation. Right to sue survives to the LR’s of plaintiff. Hence,
Order:
1) CS no.237/2022 is allowed in terms of prayer clause (a) to (c).
2) Plaintiff LR’s are permitted to bring their names on record.
3) Plaint be amended within limitation to bring LR’s of plaintiff on record and consequential amendment.
4) CS no.237/2022 is disposed off accordingly.
Matter is adjd. for Compliance to 29.08.2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 29-08-2023
Date: 25-07-2023
Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
Adv. Anikta Naik h/f Koparkar present for plaintiff.
None present for defendant.
CS no.237/2022 is taken for bringing LR’s of plaintiff on record. Suit is dismissed against Def nos.02, 03, 04a, 04 b, 05 and 06. Defendant no.01 has not filed say to CS. As per record plaintiff is died on 24.04.2021 and CS is taken on 23.02.2022.In view of relaxation of limitation due to Covid-29 by Hon’ble Supreme Court in SMW© No.3/2020 till 31.03.2022, CS is within limitation. Right to sue survives to the LR’s of plaintiff. Hence,
Order:
1) CS no.237/2022 is allowed in terms of prayer clause (a) to (c).
2) Plaintiff LR’s are permitted to bring their names on record.
3) Plaint be amended within limitation to bring LR’s of plaintiff on record and consequential amendment.
4) CS no.237/2022 is disposed off accordingly.
Matter is adjd. for Compliance to 29.08.2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 29-08-2023
Date: 25-07-2023
Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
Adv. Anikta Naik h/f Koparkar present for plaintiff.
None present for defendant.
CS no.237/2022 is taken for bringing LR’s of plaintiff on record. Suit is dismissed against Def nos.02, 03, 04a, 04 b, 05 and 06. Defendant no.01 has not filed say to CS. As per record plaintiff is died on 24.04.2021 and CS is taken on 23.02.2022.In view of relaxation of limitation due to Covid-29 by Hon’ble Supreme Court in SMW© No.3/2020 till 31.03.2022, CS is within limitation. Right to sue survives to the LR’s of plaintiff. Hence,
Order:
1) CS n237/2022 is allowed in terms of prayer clause (a) to (c).
2) Plaintiff LR’s are permitted to bring their names on record.
3) Plaint be amended within limitation to bring LR’s of plaintiff on record and consequential amendment.
4) CS no.237/2022 is disposed off accordingly.
Matter is adjd. for Compliance to 29.08.2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 29-08-2023
Date: 29-08-2023
Business: Court is on leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 27-09-2023
Date: 29-08-2023
Business: Court is on leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 27-09-2023
Date: 29-08-2023
Business: Court is on leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 27-09-2023
Date: 27-09-2023
Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
Adv. Ankita Naik h/f Adv. Koparkar present for plaintiff and sought time to file amended copy on record and to give its copy to other side.
Adv. Nehal Farukh Azam present for defendant no.01a.
Matter is adjd. for service to 03.11.2023.
Next Purpose: SERVICE
Next Hearing Date: 03-11-2023
Date: 27-09-2023
Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
Adv. Ankita Naik h/f Adv. Koparkar present for plaintiff and sought time to file amended copy on record and to give its copy to other side.
Adv. Nehal Farukh Azam present for defendant no.01a.
Matter is adjd. for service to 03.11.2023.
Next Purpose: SERVICE
Next Hearing Date: 03-11-2023
Date: 27-09-2023
Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
Adv. Ankita Naik h/f Adv. Koparkar present for plaintiff and sought time to file amended copy on record and to give its copy to other side.
Adv. Nehal Farukh Azam present for defendant no.01a.
Matter is adjd. for service to 03.11.2023.
Next Purpose: SERVICE
Next Hearing Date: 03-11-2023
Date: 03-11-2023
Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
Adv. Ankita Naik present for plaintiff.
Adv. Nehal Farukh Azam I/b Rajalakshmy Associates present for defendant no.01a.
Adv. for plaintiff filed copy of amended plaint. Copies are served on otherside.
KB
it appears from contents of Notice of Motion no.1681/2018 and affidavit in support that it was taken by plaintiff for setting-aside order of no written statement dtd.27.09.2017 passed against defendant no.03, 04a 04b and 05. said defendants have not moved this Notice of Motion. Plaintiff has no right to file such Notice of Motion and therefore it is not maintainable. Consequently Notice of Motion no.1681/2018 is dismissed and disposed off.
Nature Of Disposal: DISMISSED
Disposal Date: 03-11-2023Additional Case Details
Additional Case Details
Filing Number: 106099/2018 Filing Date: 24-04-2018 First Hearing Date: 09th July 2018 Decision Date: 03rd November 2023 Court Number And Judge: 63-COURT 63 ADDL SESSIONS JUDGE
Orders
2Final Order 103 Nov 2023
03 Nov 2023
Order Details: Other Pdf Text: Daily Status IN THE COURT OF :COURT 63 ADDL SESSIONS JUDGE Case No. :NOTICE OF MOTION/0101681/2018 Surekha J. Thakur Vs Sushant Rajendra Acharya And Ors Date : 03-11-2023 Business : CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63) Adv. Ankita Naik present for plaintiff. Adv. Nehal Farukh Azam I/b Rajalakshmy Associates present for defendant no.01a. Adv. for plaintiff filed copy of amended plaint. Copies are served on otherside. KB it appears from contents of Notice of Motion no.1681/2018 and affidavit in support that it was taken by plaintiff for setting-aside order of no written statement dtd.27.09.2017 passed against defendant no.03, 04a 04b and 05. said defendants have not moved this Notice of Motion. Plaintiff has no right to file such Notice of Motion and therefore it is not maintainable. Consequently Notice of Motion no.1681/2018 is dismissed and disposed off. Nature of Disposal : DISMISSED Disposal Date : 03-11-2023 -- 1 of 1 --
Order 103 Nov 2023
03 Nov 2023
Order Details: Other Pdf Text: Daily Status IN THE COURT OF :COURT 63 ADDL SESSIONS JUDGE Case No. :NOTICE OF MOTION/0101681/2018 Surekha J. Thakur Vs Sushant Rajendra Acharya And Ors Date : 03-11-2023 Business : CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63) Adv. Ankita Naik present for plaintiff. Adv. Nehal Farukh Azam I/b Rajalakshmy Associates present for defendant no.01a. Adv. for plaintiff filed copy of amended plaint. Copies are served on otherside. KB it appears from contents of Notice of Motion no.1681/2018 and affidavit in support that it was taken by plaintiff for setting-aside order of no written statement dtd.27.09.2017 passed against defendant no.03, 04a 04b and 05. said defendants have not moved this Notice of Motion. Plaintiff has no right to file such Notice of Motion and therefore it is not maintainable. Consequently Notice of Motion no.1681/2018 is dismissed and disposed off. Nature of Disposal : DISMISSED Disposal Date : 03-11-2023 -- 1 of 1 --
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