Skip to main content
NOTICE OF MOTION

Smt. Chandra Himmatlal Doshi +1 moreVsMr. Sachin Himatlal Doshi +1 more

CNR MHCC0100574820189-COURT 09 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 31st August 2019

TrustJury record updated 12 Sept 2026

Case Overview

Registration Number
101756/2018
Registration Date
26 Apr 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    4

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 18-06-2018
    Reason For Adjournment: court time is over
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 10-07-2018
    
    Date: 10-07-2018
    Reason For Adjournment: court time is over
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 30-07-2018
    
    Date: 30-07-2018
    Business: Matter is adjd. to 20.08.2018 for mediation report.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 20-08-2018
    
    Date: 20-08-2018
    Business: Matter is adjd. to 12.12.2018 for hearing on N/M No.1756/18.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-12-2018
    
    Date: 12-12-2018
    Business: Adv. for plff. present.
    Adv. for D/2 present.
    kb
    L.O. at 5.20 p.m
    Same appearance
    Adv. for D/1 has filed to reply to N/M No.1756/18
    As court time is over, Matter is adjd. to. 08.01.2019 for hearing on N/M No.1756/18.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-01-2019
    
    Date: 08-01-2019
    Business: Adv. for plff. present.
    Adv. for D/1 present.
    Adv. for D/2 present.
    On request of Adv. for plff. Matter is adjd. to. 17.01.2019 for hearing on N/M No.1756/18
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-01-2019
    
    Date: 17-01-2019
    Business: Adv. for plff. present and has filed rejoinder to N/M No.756/18 t.o.r
    Adv. fo D/1 present and has filed reply to N/M No.756/18 t.o.r
    Matter is adjd. to. 23.01.2019 for hearing on N/M No.1756/18.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-01-2019
    
    Date: 23-01-2019
    Business: plff. and his adv. absent.
    Adv. for D/1 present.
    Adv. for D/2 present.
    As plffs are absent, Matter is adjd. to. 21.02.2019 for hearing on N/M No.1756/18.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-02-2019
    
    Date: 21-02-2019
    Business: As court is busy in administrative work and order matter in Suit No.641/09 and 643/09 and 2896/18 Hence, board is discharged. Matter is adjd. to. 11.04.2019 for hearing on N/M No.1756/18.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-04-2019
    
    Date: 11-04-2019
    Business: Adv. for plff. present.
    Adv. for D/1 present.
    Adv. for D/2 present and has filed reply to N/M No.756/18 t.o.r
    Matter is adjd. to. 02.05.2019 for hearing on N/M.
    As the plffs. are Sr. citizens, as per the office order 66 of 2019 of Hon\''ble Principal Judge this matter will have to be transferred to Court Room No.09 constituted for cases pertaining to Sr. Citizens and accordingly this case be transferred to C.R.No.9. Parties to remain present on next date before C.R.No.09.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-05-2019
    
    Date: 02-05-2019
    Business: Advocate Mr. Prasad Thonse for Plaintiff present
    Advocate Ms. Rekha Mehta for Defendant no.2 present
    Court is busy in passing order from 2 NMs from suit no.3214/18, hence case is adjourned to 17/06/2019 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-06-2019
    
    Date: 17-06-2019
    Business: Advocate for Plaintiff present
    Advocate for Defendant no.1 present
    Court is busy in NM hearing in suit no.2639/14, hence case is adjourned to 21/08/2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-08-2019
    
    Date: 21-08-2019
    Business: Advocate Prasad Thonse for Plaintiff present
    Advocate Amit Joshi for Defendant no.1 present
    Advocate Rekha Mehta for Defendant no.2 present
    Heard arguments about NM no.756/18.  Plff\''s advocate argued that Defendant nos.1 and 2 after marriage started quarreling and they started disturbing peaceful life of Plaintiffs who are senior citizens.  At present Defendant no.2 is residing at her parents house and Defendant no.1 is residing in rented premises obtained on leave and license.  Plaintiff\''s advocate argued that if Defendants will enter into suit house owned by Plaintiffs, the peace from the life of Plaintiff will get disturbed and hence, in view of principles laid down in Batra\''s case Notice of Motion is necessary to be made absolute.
    Advocate for Defendant no.1 fairly submitted that due to disputes between Defendant nos.1 and 2 Defendant no.1 has filed divorce petition in family court.  Defendant no.1 being son of Plaintiff intends that his parents should have peaceful life and therefore Defendant no.1 is residing separately.
    Advocate for Defendant no.2 strongly argued that all allegations made in plaint are false.  She has referred para no.22 and 28 of the plaint.  It is further argued that Plaintiffs and Defendant no.1 are in collusion.  Plaintiff no.1 the father in law has carried away the Gas Cylinder from the house referred in para no.22 of the plaint and thereby compelled Defendant no.2 to go to her parents house.  It is argued that Plaintiffs and Defendant no.1 are in collusion with each other and even in family court and in this Court Plaintiff no.1 is not allowing Defendant no.1 even to discuss with Defendant no.2 for mutual settlement. Advocate for Defendant no.2 submitted that Defendant no.1 is always under thumbs of Plaintiff no.1 and hence the NM is necessary to be dismissed.   Case is adjourned to 31/08/2019 for NM order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 31-08-2019
    
    Date: 31-08-2019
    Business: Dismissed.
    Nature Of Disposal: DISMISSED
    Disposal Date: 31-08-2019

    Additional Case Details

    Additional Case Details
    Filing Number: 106237/2018
    Filing Date: 26-04-2018
    First Hearing Date: 18th June 2018
    Decision Date: 31st August 2019
    Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1
    31 Aug 2019
    Order Details: Other
    Pdf Text: Dismissed.
    -- 1 of 1 --
    Order 1
    31 Aug 2019
    Order Details: Other
    Pdf Text: Dismissed.
    -- 1 of 1 --

    TrustJury presents public court-record information for legal discovery and reference. Record availability and detail can vary by source and case.