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NOTICE OF MOTION

Arun Shitalprasad Pal - Suit Stamp No.5600 of 2018VsCenteral Railway And Ors

CNR MHCC0100563820188-COURT 08 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 15th November 2022

TrustJury record updated 12 Sept 2026

Case Overview

Registration Number
101700/2018
Registration Date
25 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 REPLYREJOINDER
    Next Hearing Date: 19-06-2018
    
    Date: 19-06-2018
    Reason For Adjournment: court time is over
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 21-07-2018
    
    Date: 21-07-2018
    Reason For Adjournment: court time is over
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 03-10-2018
    
    Date: 03-10-2018
    Business: As court is busy in NM Hearing in SU No. 2842/2015.
    Hence, board is discharged.
    Earlier Order to continue till next date.
    Matter adj. to 26/11/2018 for NM Reply
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 26-11-2018
    
    Date: 26-11-2018
    Business: Adv. Ms. Sheetal for Plaintiff present.
    Adv. Mr. Tiwari for Defendant No. 1 present.
    Earlier order to continue, if any.
    Matter adj. to 11/03/2019 for NM Reply
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 11-03-2019
    
    Date: 11-03-2019
    Business: Court  is on leave
    Reason For Adjournment: court time is over
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 23-04-2019
    
    Date: 23-04-2019
    Business: Adjd
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 10-07-2019
    
    Date: 10-07-2019
    Business: Court is on leave
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 22-08-2019
    
    Date: 22-08-2019
    Business: Adv. Babu for the Plaintiff present.
    Adv. Viren Tripathi for Defendant present.
    Matter is adjd. to 10/10/2019 for NM reply.
    Earlier order to continue till then, if any.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 10-10-2019
    
    Date: 10-10-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 09-12-2019
    
    Date: 09-12-2019
    Business: As Court is busy in hearing on Notice of Motion in suit No. 846/16.
    Earlier Ad-interim order, if any be continued till next date.
    Matter is adjourned for NM hearing to 04/02/2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-02-2020
    
    Date: 04-02-2020
    Business: Adv. Babu for Plaintiff is present. He seeks time for N/M hearing. O granted.
    None present  for defendant
    Earlier Ad-interim order, if any be continued till next date.
    Matter is adjd.  for N/M hearing to 31/03/2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 31-03-2020
    
    Date: 31-03-2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-04-2020
    
    Date: 17-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-05-2020
    
    Date: 06-05-2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-05-2020
    
    Date: 28-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-06-2020
    
    Date: 15-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-10-2020
    
    Date: 21-10-2020
    Business: Due to lockdown because of Covid-19, board is discharged and as per SOP only urgent matters are taken up.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-02-2021
    
    Date: 06-02-2021
    Business: Adv. Mr. Babu for the plaintiff.
    Adv. Mr.V. Tripathi for the defendants.
    He waives the service of summons and tenders written statements.
    Written statements filed by defendants. t.o.r.
    Matter is adjd. to 20/04/2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-04-2021
    
    Date: 20-04-2021
    Business: Due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-07-2021
    
    Date: 16-07-2021
    Business: Due to COVID-19 pandemic.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-09-2021
    
    Date: 21-09-2021
    Business: Adv. Mr. Babu for the plaintiff present.
    None for defendants.
    Matter is adjd. for NM hearing to 09/11/2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-11-2021
    
    Date: 09-11-2021
    Business: Court is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-11-2021
    
    Date: 18-11-2021
    Business: As Court is busy in argument in NM 4869/19 in SU 2390/13. Hence, board is discharged.
    Matter is adjd. to 04.12.2021 for Nm hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-12-2021
    
    Date: 04-12-2021
    Business: Adv Mr.Babu present for the plaintiff.
    Adv Mr.Jaganathan present for the defendant.
    Adv for the defendant filed application for recalling of the order TOR O- Other side to say.
    Matter is adjd. to 01.02.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-02-2022
    
    Date: 01-02-2022
    Business: Adv.Babu for Plaintiff is present.
    None for defendant.
    Earlier order if any to continue till next date.
    Matter is adjd. to 01.03.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-03-2022
    
    Date: 01-03-2022
    Business: (As per order of Hon\''ble Principal Judge dtd.25/2/22, matter is reassigned to this court.)
    Adv. Babu for plaintiff present.
    Adv. Virendra Tripathi for deft present and submitted that he will take appropriate motion of recalling the order dtd.10/10/2019.
    Earlier order if any to continue till next date.
    Matter adjd for NM hearing to 6/4/22.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-04-2022
    
    Date: 06-04-2022
    Business: Adv. Babu present  for plaintiff.
    Adv. l. k. tripathi present for defendants .
    Adv. For plaintiff filed say on application for recalling the order.
    Heard ld. Adv. For defendant and ld. Adv. For plff. On application for recalling the order.
    Following order is passed on application for recalling the order.
    Order - Defendants have taken out the present application for recalling the no reply order dt. 10/10/2019 and for taking on record defendant\''s reply. The present application is not supported by any affidavit as per City Civil Court Rules. Therefore, there appear substance in the contention of advocate of plaintiff that present simple application is not tenable and defendants will have to take appropriate notice of motion. As such the present simple application is not tenable and therefore it is dismissed with liberty to the defendants to take appropriate motion.
    Earlier order, if any, to continue till next date.
    Matter adjourned for nm hrg. To 22/06/22.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-06-2022
    
    Date: 22-06-2022
    Business: Adv. Babu hf adv. Bhatt present for plaintiff and sought adjournment.
    Adv. Mukesh tiwari hf Adv. L. K. Tripathi present for defendant 01 and 02 and tendered draft Notice of Motion @ Affidavit. t.o.r.
    O- Leave granted to register..
    Copy served to the advocate for the plaintiff.
    Earlier order, if any, to continue till next date.
    Matter adjourned for reply and hearing on notice of motion to 06/07/22.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-07-2022
    
    Date: 06-07-2022
    Business: None present for plaintiff.
    Adv. Viren Tripathi present for all defendants and tendered original registered NM No. 2283/2022 @ affidavit TOR.
    As plaintiff and his advocate is absent.
    Earlier order, if any, to continue till next date.
    Matter adjourned for no reply order/ NM hearing to 21/07/2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-07-2022
    
    Date: 21-07-2022
    Business: (Matter pertains to C. R. No. 08.)
    Adv. Babu h/f Adv Bhatt present for plaintiff.
    None present for defendant.
    Earlier order, if any, to continue till next date.
    Matter adjourned for hearing to 22/08/22.
    Next Purpose: HEARING
    Next Hearing Date: 22-08-2022
    
    Date: 22-08-2022
    Business: None present for plaintiff.
    Adv. Viren Tripathi present for defendant.
    It appears that Inspite of just opportunity, plaintiff did not filed reply to the nm no. 2283/2022, Hence, notice of motion 2283/2022 be proceeded without reply of plaintiff.
    Heard arguments of ld adv. For defendant on nm no. 2283/2022.
    As plaintiff and his adv. are absent, Matter adjourned for arguments of plaintiff if any and order on nm no. 2283/2022 to 20/09/22.
    l.o.at 03.56 pm.
    Adv. Babu h/f Adv Bhatt present for plaintiff.
    Earlier order, if any, to continue till next date.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 20-09-2022
    
    Date: 20-09-2022
    Business: None present for plaintiff.
    Adv. L. K. Tripathi present for defendant 01 and 02.
    As the plaintiff and his advocate are absent and failed to advance his argument on nm no. 2283/2022, Matter adjourned for order on nm no. 2283/22 to  27/09/22.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 27-09-2022
    
    Date: 27-09-2022
    Business: Adv. Babu present for plaintiff.
    Adv. Viren Tripathi hf L. K. Tripathi present for defendants.
    F.R.S.R. following order is passed on Notice Of Motion No. 2283/2022.
                                        ORDER
    1) Notice of Motion No. 2283/2022 is made absolute
    2) Reply affidavit of defendants to the the Notice Of Motion No. 1700/2018 be taken on record if tendered on or before next date.
    3) Notice of Motion No. 2283/2022 is disposed off accordingly.
    In view of the above order, affidavit in reply of defendants to nm no.
    1700/2018 be taken on record.
    Earlier order, if any, to continue till next date.
    Authenticated copy of Roznama be given to both the parties if
    requested.
    Matter adjourned for nm hearing to 19/10/22.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-10-2022
    
    Date: 19-10-2022
    Business: None present for plaintiff.
    Adv. L. K. Tripathi present for defendants.
    As plaintiff and his adv. are absent, Matter adjourned for nm dismissal order to 15/11/22.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 15-11-2022
    
    Date: 15-11-2022
    Business: None present for plaintiff.
    Adv L. K. Tripathi present for defendants.
    From the record it appears that, plaintiff and his adv are absent since long and did not take any steps to proceed further with the NM no. 1700/2018. Therefore the matter is kept for dismissal order of NM no. 1700/2018. Today also plaintiff and his adv are absent. From the above conduct of plaintiff it appears that plaintiff is not interested to proceed further with the NM no. 1700/2018. Therefore, it will be appropriate to dismiss the NM no. 1700/2018 as per Order 9 Rule 8 Of Code Of Civil Procedure. Hence, NM no. 1700/2018 is dismissed as per Order 9 Rule 8 Of Code Of Civil Procedure.
    Nature Of Disposal: DISMISSED
    Disposal Date: 15-11-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 106122/2018
    Filing Date: 25-04-2018
    First Hearing Date: 03rd May 2018
    Decision Date: 15th November 2022
    Court Number And Judge: 8-COURT 08 ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1
    15 Nov 2022
    Order Details: Notice of Motion
    Pdf Text: aily Status
    IN THE COURT OF :COURT 08 ADDL SESSIONS JUDGE
    Case No. :NOTICE OF MOTION/0101700/2018
    Arun Shitalprasad Pal - Suit Stamp No.5600 of 2018 Vs Centeral Railway And Ors
    Date : 15-11-2022
    Business : None present for plaintiff. Adv L. K. Tripathi present for
    defendants. From the record it appears that, plaintiff and his
    adv are absent since long and did not take any steps to
    proceed further with the NM no. 1700/2018. Therefore the
    matter is kept for dismissal order of NM no. 1700/2018.
    Today also plaintiff and his adv are absent. From the above
    conduct of plaintiff it appears that plaintiff is not interested
    to proceed further with the NM no. 1700/2018. Therefore, it
    will be appropriate to dismiss the NM no. 1700/2018 as per
    Order 9 Rule 8 Of Code Of Civil Procedure. Hence, NM
    no. 1700/2018 is dismissed as per Order 9 Rule 8 Of Code
    Of Civil Procedure.
    Nature of Disposal : DISMISSED
    Disposal Date : 15-11-2022
    COURT 08 ADDL SESSIONS JUDGE
    -- 1 of 1 --
    Order 1
    15 Nov 2022
    Order Details: Notice of Motion
    Pdf Text: aily Status
    IN THE COURT OF :COURT 08 ADDL SESSIONS JUDGE
    Case No. :NOTICE OF MOTION/0101700/2018
    Arun Shitalprasad Pal - Suit Stamp No.5600 of 2018 Vs Centeral Railway And Ors
    Date : 15-11-2022
    Business : None present for plaintiff. Adv L. K. Tripathi present for
    defendants. From the record it appears that, plaintiff and his
    adv are absent since long and did not take any steps to
    proceed further with the NM no. 1700/2018. Therefore the
    matter is kept for dismissal order of NM no. 1700/2018.
    Today also plaintiff and his adv are absent. From the above
    conduct of plaintiff it appears that plaintiff is not interested
    to proceed further with the NM no. 1700/2018. Therefore, it
    will be appropriate to dismiss the NM no. 1700/2018 as per
    Order 9 Rule 8 Of Code Of Civil Procedure. Hence, NM
    no. 1700/2018 is dismissed as per Order 9 Rule 8 Of Code
    Of Civil Procedure.
    Nature of Disposal : DISMISSED
    Disposal Date : 15-11-2022
    COURT 08 ADDL SESSIONS JUDGE
    -- 1 of 1 --

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