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NOTICE OF MOTION

Mr. Shaikh Abuzar Abdul KalamVsMr. Mahesh Ramchandra Gupta

CNR MHCC0100579020182-COURT 02 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 01st March 2024

TrustJury record updated 12 Sept 2026

Case Overview

Registration Number
101770/2018
Registration Date
27 Apr 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Petitioner

    1. 1Mr. Shaikh Abuzar Abdul Kalam

    Respondent

    1. 1Mr. Mahesh Ramchandra Gupta

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 23-07-2018
Reason For Adjournment: court time is over
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-08-2018

Date: 20-08-2018
Business: Matter is adjd. to 15.09.2018 for hearing on N/M No.1770/18.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-09-2018

Date: 15-09-2018
Business: Matter is adjd. to 15.11.18. for filing report of service of N.M and writ of summons.
Next Purpose: SERVICE
Next Hearing Date: 15-11-2018

Date: 15-11-2018
Business: Matter is adjd. to. 16.03.2019 for report of service of N/m and writ of summons or for dismissal order N/M and the suit.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 16-03-2019

Date: 16-03-2019
Business: Adv. for plff. present and has tendered original writ of summons along with bailiff report t.o.r. She has also tendered application for service by pasting the writ of summons t.o.r. The bailiff report shows that the deft has left the premises of the given address and his whereabouts are not known. In the application Exh.5 the plff submits that the deft is residing very much at the same address and is avoiding the service. The Ld. adv. for plff. submits that the deft. is attending another proceeding in Suit No.1400/17 in Court Room No.1. In that case the next date is 14.06.2019. In view of this it is directed that the plff. shall file affd. to the aforesaid effect.
Matter is adjd. to. 21.06.2019 for compliance.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 21-06-2019

Date: 21-06-2019
Business: Adv. for plff present and has filed affidavit of service. TOR.
Deft and his advocate absent.
As court is busy in detection in High court time bound appeals 114/19 to 130/19.
Matter is adjd. to. 14/08/2019  for Compliance.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 14-08-2019

Date: 14-08-2019
Business: Court is vacant.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 03-10-2019

Date: 03-10-2019
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 30-11-2019

Date: 30-11-2019
Business: Adv. Nargis Khan for plff present.
None for deft.
Advocate for plff filed application for service of writ of summons upon defendants by substituted service i.e by way of pasting.
O-Allowed on necessary charges.
Adjd for Service to 06.02.2020.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 06-02-2020

Date: 06-02-2020
Reason For Adjournment: court time is over
Next Purpose: SERVICE
Next Hearing Date: 27-03-2020

Date: 27-03-2020
Business: adjourned
Next Purpose: SERVICE
Next Hearing Date: 08-04-2020

Date: 08-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 20-04-2020

Date: 20-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 30-05-2020

Date: 30-05-2020
Business: National Lockdown
Next Purpose: SERVICE
Next Hearing Date: 17-06-2020

Date: 17-06-2020
Next Purpose: SERVICE
Next Hearing Date: 10-08-2020

Date: 10-08-2020
Business: None present.
Matter stands Adj for service to 17/10/2020.
Next Purpose: SERVICE
Next Hearing Date: 17-10-2020

Date: 17-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 18-12-2020

Date: 18-12-2020
Business: None present.
Matter stands Adj for NM Service to 12/02/2021.
Next Purpose: SERVICE
Next Hearing Date: 12-02-2021

Date: 12-02-2021
Business: Adv. Nargis Khan for plaintiff present.
She filed on record documents of new address of the defendant .
She filed application for permission to serve notice of motion on new address of the defendant. TOR.
Application is allowed. Plaintiff to serve notice of motion and writ of summons on new address of the defendant.
Matter stands Adj for N.M. service to 19.03.2021.
Next Purpose: SERVICE
Next Hearing Date: 19-03-2021

Date: 19-03-2021
Business: Plff present and his Adv absent.
He seeks time for serving writ of summons on the deft on new address.  Granted.
Matter stands Adj for Affidavit of Service to 10/06/2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 10-06-2021

Date: 10-06-2021
Business: Due to Covid - 19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 23-07-2021

Date: 10-06-2021
Business: Due to Covid - 19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 23-07-2021

Date: 23-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-09-2021

Date: 23-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-09-2021

Date: 08-09-2021
Business: None for plff.
Matter stands Adj to 09/11/2021 for Affidavit of Service of Writ of Summons.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-11-2021

Date: 09-11-2021
Business: Adv Nargis Khan for plff present.
She seeks time for filing affidavit of service of writ of summons and NM on deft\''s new address.  Granted as last chance.
Matter stands Adj for Affidavit of service to 17/12/2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-12-2021

Date: 17-12-2021
Business: PO is on leave.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 24-01-2022

Date: 17-12-2021
Business: PO is on leave.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 24-01-2022

Date: 24-01-2022
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-03-2022

Date: 17-03-2022
Business: None for plff.
Matter stands Adj for Affidavit of Service of writ of summons and NM on defts as last chance, in default for dismissal order to 16/04/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-04-2022

Date: 16-04-2022
Business: Plff present and his Adv absent.
He filed application for substituted service by pasting on last known address of the deft. t.o.r.
O- Application is allowed as prayed.
At the request of plff, matter stands Adj for Affidavit of Service to 14/06/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 14-06-2022

Date: 14-06-2022
Business: Both parties and their advocate are absent.
Matter is adjd for affidavit of service to 03/08/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-08-2022

Date: 03-08-2022
Business: Both parties and their advocate are absent.
Parties are directed to give CTS number of suit property.
Matter is adjd for steps to 01/10/2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 01-10-2022

Date: 01-10-2022
Business: Adv. Nargis Khan for plaintiff present.
She seek time for filling  affidavit service. Time granted.
None for defendant no. present.
Parties are directed to give CTS number of suit property.
Matter is adjd for affidavit of service to 26/11/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 25-11-2022

Date: 25-11-2022
Business: As per office order 229 of 2022 dated 31.10.2022, court functioning on 10.12.2022 instead of 26.11.2022 in lieu of special holiday enjoyed on 03.09.2022 on a/c of Ganesh Festival. Hence matter is taken on today''s board and adjourned to 10.12.2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 10-12-2022

Date: 25-11-2022
Business: As per office order 229 of 2022 dated 31.10.2022, court functioning on 10.12.2022 instead of 26.11.2022 in lieu of special holiday enjoyed on 03.09.2022 on a/c of Ganesh Festival. Hence matter is taken on today''s board and adjourned to 10.12.2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 10-12-2022

Date: 10-12-2022
Business: Both parties and their advocate are absent.
Parties are directed to give CTS number of suit property.
Matter is adjd for affidavit of service to 21/01/2023.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 21-01-2023

Date: 21-01-2023
Business: Plaintiff in person present and his advocate absent.
He seek time to take steps for service of writ of summons on defendant. Time granted as last chance.
None for defendant.
Matter adjourned for steps to 24/03/2023.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 24-03-2023

Date: 24-03-2023
Business: Both parties and their advocate are absent.
Matter adjourned for steps to 02/05/2023.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 02-05-2023

Date: 02-05-2023
Business: Plaintiff present and his advocate absent.
None for defendant.
Matter adjourned for steps on 05.07.2023
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-07-2023

Date: 05-07-2023
Business: Plaintiff present. He seeks time as talks of settlement is going on. O-Granted.
Defendant and advocate absent.
Matter adjourned for taking steps on 06.09.2023.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-09-2023

Date: 05-07-2023
Business: Plaintiff present. He seeks time as talks of settlement is going on. O-Granted.
Defendant and advocate absent.
Matter adjourned for taking steps on 06.09.2023.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-09-2023

Date: 06-09-2023
Business: Plaintiff present and seeks time. O- Granted.
Defendant and advocate absent.
Matter adjourned for taking steps to 11.10.2023.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 11-10-2023

Date: 06-09-2023
Business: Plaintiff present and seeks time. O- Granted.
Defendant and advocate absent.
Matter adjourned for taking steps to 11.10.2023.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 11-10-2023

Date: 11-10-2023
Business: Both parties and advocate absent.
Kept back
Later on at 5.00 P.M.
Both parties and advocate absent.
Matter adjourned for taking steps on 23.11.2023.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 23-11-2023

Date: 11-10-2023
Business: Both parties and advocate absent.
Kept back
Later on at 5.00 P.M.
Both parties and advocate absent.
Matter adjourned for taking steps on 23.11.2023.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 23-11-2023

Date: 23-11-2023
Business: Plaintiff present.
Defendant present.
Both parties advocate absent.
Both seeks time. O- Granted.
Matter adjourned for taking steps on 06.01.2024.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-01-2024

Date: 23-11-2023
Business: Plaintiff present.
Defendant present.
Both parties advocate absent.
Both seeks time. O- Granted.
Matter adjourned for taking steps on 06.01.2024.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-01-2024

Date: 06-01-2024
Business: Plaintiff present.
Defendant present.
Both the parties advocates are absent.
At the request of plaintiff matter is adjourned to 01.03.2024.
Matter adjourned for taking steps on 01.03.2024.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 01-03-2024

Date: 06-01-2024
Business: Plaintiff present.
Defendant present.
Both the parties advocates are absent.
At the request of plaintiff matter is adjourned to 01.03.2024.
Matter adjourned for taking steps on 01.03.2024.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 01-03-2024

Date: 01-03-2024
Business: Both parties and advocate absent.
Since long matter is posted for service of NM no. 1770/2018 to the Defendant. It reveals that plaintiff has not taken any effective steps for service of NM to the defendant. Hence Notice of Motion no. 1770/2018 stands dismissed for want of steps.
Nature Of Disposal: DISMISSED
Disposal Date: 01-03-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 106245/2018
Filing Date: 27-04-2018
First Hearing Date: 23rd July 2018
Decision Date: 01st March 2024
Court Number And Judge: 2-COURT 02 ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1
    01 Mar 2024
    Order Details: Other
Pdf Text: Back
Daily Status
IN THE COURT OF :COURT 02 ADDL SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0101770/2018
Mr. Shaikh Abuzar Abdul Kalam Vs Mr. Mahesh Ramchandra Gupta
Date : 01-03-2024
Business : Both parties and advocate absent. Since long matter is posted
for service of NM no. 1770/2018 to the Defendant. It reveals
that plaintiff has not taken any effective steps for service of
NM to the defendant. Hence Notice of Motion no. 1770/2018
stands dismissed for want of steps.
Nature of Disposal : DISMISSED
Disposal Date : 01-03-2024
COURT 02 ADDL SESSIONS JUDGE
-- 1 of 1 --
    Order 1
    01 Mar 2024
    Order Details: Other
Pdf Text: Back
Daily Status
IN THE COURT OF :COURT 02 ADDL SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0101770/2018
Mr. Shaikh Abuzar Abdul Kalam Vs Mr. Mahesh Ramchandra Gupta
Date : 01-03-2024
Business : Both parties and advocate absent. Since long matter is posted
for service of NM no. 1770/2018 to the Defendant. It reveals
that plaintiff has not taken any effective steps for service of
NM to the defendant. Hence Notice of Motion no. 1770/2018
stands dismissed for want of steps.
Nature of Disposal : DISMISSED
Disposal Date : 01-03-2024
COURT 02 ADDL SESSIONS JUDGE
-- 1 of 1 --

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