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NOTICE OF MOTION

Mr. Kailash Chabinath SharmaVsMrs. Kismati Krushnakumar Yadav +3 more

CNR MHCC01005743201817-COURT 17 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 04th August 2023

TrustJury record updated 12 Sept 2026

Case Overview

Registration Number
101754/2018
Registration Date
26 Apr 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    5

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 05-06-2018
    Reason For Adjournment: court time is over
    Next Purpose: REPLY
    Next Hearing Date: 02-08-2018
    
    Date: 02-08-2018
    Reason For Adjournment: court time is over
    Next Purpose: REPLY
    Next Hearing Date: 22-10-2018
    
    Date: 22-10-2018
    Business: Matter adj. to 14/11/2018 for passing Dismissal Order.
    Next Purpose: DISMISSAL
    Next Hearing Date: 14-11-2018
    
    Date: 14-11-2018
    Reason For Adjournment: court time is over
    Next Purpose: ORDER
    Next Hearing Date: 12-12-2018
    
    Date: 12-12-2018
    Reason For Adjournment: court time is over
    Next Purpose: ORDER
    Next Hearing Date: 19-01-2019
    
    Date: 19-01-2019
    Reason For Adjournment: court time is over
    Next Purpose: SERVICE
    Next Hearing Date: 04-02-2019
    
    Date: 04-02-2019
    Reason For Adjournment: court time is over
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 03-06-2019
    
    Date: 03-06-2019
    Business: Adjd
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 18-07-2019
    
    Date: 18-07-2019
    Business: Court is on half day leave
    Matter is adjd. to 07/10/2019 for taking steps
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 07-10-2019
    
    Date: 07-10-2019
    Reason For Adjournment: court time is over
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 04-02-2020
    
    Date: 04-02-2020
    Business: matter adjd to 14.02.2020
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 14-02-2020
    
    Date: 14-02-2020
    Business: Plaintiff is present. Adv. is absent.
    Adv. Renuka Jain for defendant no.1 is present.
    Matter is adjd. for N/M hearing/dismissal order to 27/04/2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-04-2020
    
    Date: 27-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-05-2020
    
    Date: 18-05-2020
    Business: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-05-2020
    
    Date: 30-05-2020
    Business: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-06-2020
    
    Date: 17-06-2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-08-2020
    
    Date: 06-08-2020
    Business: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-09-2020
    
    Date: 02-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-09-2020
    
    Date: 09-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-10-2020
    
    Date: 07-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-12-2020
    
    Date: 09-12-2020
    Business: None present for the plaintiff.
    None present for the defendant.
    Matter is adjd. to 07.04.2021 for NM hearing or dismissal order.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-04-2021
    
    Date: 07-04-2021
    Business: Due to SOP only urgent matter  are taken up. Hence, the Board is
    discharged.
    Matter is adjd. to 05.07.2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-07-2021
    
    Date: 05-07-2021
    Business: due to covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-08-2021
    
    Date: 30-08-2021
    Business: Court is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-11-2021
    
    Date: 23-11-2021
    Business: Court is on leave
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-01-2022
    
    Date: 19-01-2022
    Business: Due to SOP only urgent matters are taken up.
    Matter is adjd. to 09.03.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-03-2022
    
    Date: 09-03-2022
    Business: Plff. present in person and seeks time as his advocate is not present.
    Husband of Deft. No.1 present.
    Adv. for Deft. no. 3 present and files application for setting aside ex-parte order.TOR.and marked as Exh. 7 Deft. No. 3 to serve copy of this application to Plff.
    Matter is adjd. to 27-04-2022 for N/m hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-04-2022
    
    Date: 27-04-2022
    Business: Court is busy in High Court Time bound matter ST 1045/22.
    Matter is adjd. to 20-07-2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-07-2022
    
    Date: 20-07-2022
    Business: Adv. Madhuri Raibagkar for plaintiff present.
    Adv. Renuka Kaveri for defendant no. 2 present.
    Adv. Subhedar for deft.no 3 and 4/MMRDA present.
    The plaintiff have filed no objection to allow the Exh.07.
    Order is passed below Exh.7 - No objection filed by plaintiff.
    This is application for seeking aside exparte against Deft.no. 3 and 4 dtd. 19.01.2019. Considering the nature of the suit and for the interest of justice, exparte order is passed against Deft.no. 3 and 4 is  hereby set aside. Therefore Exh.7 is allowed.
    Matter is adjd.to 14.09.2022 for WS of Deft.no. 3 and 4/ NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-09-2022
    
    Date: 14-09-2022
    Business: Adv. Renuka Kavedia for Deft.no.1 present.
    Adv. Subhedar for Defendant no. 3 and 4 present.
    Court is busy in hearing arguments in St. No. 10065/22, Dictating order in NM No. 2703/22 in Suit No. 559/22 and Dictating order in NM No. 1645/18 in Suit No. 840/14.
    Matter is adjd. to 10.11.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-11-2022
    
    Date: 10-11-2022
    Business: None present for plaintiff.
    Adv. Renuka Mehta for defendant no. 1 present.
    Adv. Pathak h/f Adv. Subhedar for deft.nos. 3 and 4/MMRDA present.
    Last chance granted to plaintiff for hearing.
    Matter is adjd. to 11.01.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-01-2023
    
    Date: 11-01-2023
    Business: Adv. Subhedar for deft/MMRDA present.
    As Court is busy in giving dictation in chamber summons no. 1651/2022 in suit no. 1078/22 and Suit no. 67/2023. Hence, Board is discharged.
    Matter is adjourned to 13.03.2023 for Notice of Motion hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-03-2023
    
    Date: 13-03-2023
    Business: Plaintiff is present.
    Adv. Subhedar for MMRDA/Defendant Nos.3 and 4 present.
    Husband of Defendant No. 1 present.
    KB for advocate for plaintiff.
    LO at 4.14 pm
    Adv. Madhavi Raibagkar for plaintiff present.
    Heard Ld. Advocate of plaintiff and defendant Nos. 3 and 4/MMRDA on Notice of Motion No. 1754/2018.
    Matter is adjourned to 12.04.2023 for Notice of Motion No. 1754/2018 Order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 12-04-2023
    
    Date: 12-04-2023
    Business: Plaintiff, Kailash Sharma present.
    Adv. Subhedar for Defendant No.3/MMRDA present.
    As Court is busy in dictating order on Exh.15 in Suit No. 1438/2012 and other urgent matters on board. Hence, Matter is adjourned to 24.04.2023 for Notice of Motion No. 1754/18 orders.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 24-04-2023
    
    Date: 24-04-2023
    Business: Plaintiff present.
    Adv. Renuka Kaveria for defendant No.1 present and filed written submission. Copy of written submission served to plaintiff.
    Adv. Subhedar for defendant No.3/MMRDA present.
    As Court is busy in hearing on ad-interim injunction in Suit No. 1855/22 and Hearing on NM No. 884/22 in Suit No. 1157/22. Hence, Matter is adjourned to 08.06.2023 for Notice of Motion orders.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 08-06-2023
    
    Date: 08-06-2023
    Business: Plaintiff present.
    Adv. Ms. Madhuri Raibagkar for plaintiff present.
    Adv. Ms. Renuka Kavedia for the defendant no. 1 present.
    Adv. Ms. Subhedar for the  MMRDA/defendant present.
    Exh. 8    Ld. Advocate for plaintiff filed list of fourteen documents alongwith documents. t.o.r.
    Matter is adjd to 19.6.2023 for order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 19-06-2023
    
    Date: 19-06-2023
    Business: Plaintiff present.
    Adv. Madhuri Raibagkar for plaintiff present.
    Adv.Ms.Subhedar for defendant no.3/MMRDA present.
    Matter is adjd to 28.06.2023 for N/M order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 28-06-2023
    
    Date: 28-06-2023
    Business: Adv. Ms.Madhuri Raibagkar for plaintiff present.
    Adv. Mr. Subhedar for defendant no.3 present.
    As Court is busy in recording evidence in SC No.644/14 @ SC 126/15 and hearing criminal revision application No.612/22 hence, adjourned.
    Matter is adjd to 04.07.2023 for order on N/M.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 04-07-2023
    
    Date: 04-07-2023
    Business: Plaintiff in person is present.
    Adv Renuka Kavaria for deft no. 1 present.
    Adv Subhedar for deft no. 3 present.
    Court is busy in dictating order in BA Exh.4 in SC no. 350/23 and BA No. 1565/23 and hearing in ABA-1393/23.
    Matter is adj for order to 14/07/2023
    Next Purpose: NM  ORDERS
    Next Hearing Date: 14-07-2023
    
    Date: 14-07-2023
    Business: None present for plaintiff.
    Adv. Ms.Renuka Kaveria for defendant no.1 present.
    Adv.Ms. Subhedar for defendant no.l3 present.
    As Court is busy in dictating judgment in SC 291/19 and orders in Cri.Rev.appl.612/22 and ABA 1471/23 and recording evidence in SC no.1300/19 hence, adjourned.
    Matter is adjd to 25.07.2023 for N/M order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 25-07-2023
    
    Date: 25-07-2023
    Business: P.O. is on leave (C.R. No.17).
    Plaintiff present.
    None for deft.
    Matter is adjd to 04.08.2023 for N/M order.
    Sheristedar
    Next Purpose: NM  ORDERS
    Next Hearing Date: 04-08-2023
    
    Date: 04-08-2023
    Business: Plaintiff in person present.
    Husband of defendant no.1 present.
    Other defendants absent.
    F.R.S.R.following order is passed below N/M no.1754/2018  in Suit 526/18 :-
    ORDER
    1.	Notice of Motion No.1754 of 2018  is rejected and disposed of.
    2.	No order as to costs.
    Matter is sent back to concern court for further trial.
    Matter is adjd to 04.09.2023 for appearance.
    Nature Of Disposal: DISMISSED
    Disposal Date: 04-08-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 106125/2018
    Filing Date: 26-04-2018
    First Hearing Date: 05th June 2018
    Decision Date: 04th August 2023
    Court Number And Judge: 17-COURT 17 ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    04 Aug 2023

    Order Details: Notice of Motion Pdf Text: MHCC010057432018 Presented on : 26-04-2018 Registered on : 26-04-2018 Decided on : 04-08-2023 Duration : 5 years, 3 months, 8 days IN THE COURT OF COURT 17 ADDL SESSIONS JUDGE AT Mumbai,Mumbai Presided Over by Shri. S. N. Patil NOTICE OF MOTION NO.1754 OF 2018 IN SHORT CAUSE SUIT NO.536 OF 2018 Mr. Kailash Chabinath Sharma Age: 39 Occupation: Business Residing at 12/704, MMRDA Complex, Kanjurmarg(W), Mumbai-400 078. ..Plaintiff Versus 1.Mrs.Kismati Krushnakumar Yadav…

    Read Full Order
    Order 1Full order available
    04 Aug 2023

    Order Details: Notice of Motion Pdf Text: MHCC010057432018 Presented on : 26-04-2018 Registered on : 26-04-2018 Decided on : 04-08-2023 Duration : 5 years, 3 months, 8 days IN THE COURT OF COURT 17 ADDL SESSIONS JUDGE AT Mumbai,Mumbai Presided Over by Shri. S. N. Patil NOTICE OF MOTION NO.1754 OF 2018 IN SHORT CAUSE SUIT NO.536 OF 2018 Mr. Kailash Chabinath Sharma Age: 39 Occupation: Business Residing at 12/704, MMRDA Complex, Kanjurmarg(W), Mumbai-400 078. ..Plaintiff Versus 1.Mrs.Kismati Krushnakumar Yadav…

    Read Full Order

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