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NOTICE OF MOTION

Bhushan Shankar NagareVsMr. Amol Shankar Nagare +2 more

CNR MHCC0100588720183-COURT 03 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--OTHER
Decision Date: 12th January 2024

TrustJury record updated 12 Sept 2026

Case Overview

Registration Number
101807/2018
Registration Date
02 May 2018

Advocates

1

For Petitioner

    Not available

    For Respondent

    Parties

    4

    Petitioner

    1. 1Bhushan Shankar Nagare

    Respondent

    1. 1Mr. Amol Shankar Nagare
    2. 2Mrs.Rajnigandha Vinod Sanap
    3. 3The Secretary

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 16-08-2018
Business: Matter adj. for NM Hearing to 31.10.2018.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 31-10-2018

Date: 31-10-2018
Business: Matter adj. for CS Reply and NM Hearing to 21.02.2019.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 21-02-2019

Date: 21-02-2019
Business: Matter adj. for Reply and Hearing in NM to 17.06.2019.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 17-06-2019

Date: 17-06-2019
Business: Matter stands Adj for reply to 28.08.19
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 28-08-2019

Date: 28-08-2019
Business: As the Court is busy in dictating order in suit no. 2619/2014, 837/2016 and 9083/1995 and recording evidence in NDPS Spl. Case 3/2018. Hence board discharged.
Matter stands Adj to 11/10/2019 for Reply.
Next Purpose: REPLY
Next Hearing Date: 11-10-2019

Date: 11-10-2019
Business: P. O. have went to attend Judicial conference to Nashik. Hence, Board is discharged.
Matter stands Adj for Reply to 28.11.2019.
Next Purpose: REPLY
Next Hearing Date: 28-11-2019

Date: 28-11-2019
Business: Adv. Shama Khan for plaintiff present.
Adv. Kulkarni for defendant no. 1 present.
Copy of CS served on defendant no. 1.
Ld. counsel for plaintiff submitted that she tried to serve the copy on Ld. counsel for defendant no. 1 at his office, but he was not available.
Matter stands Adj for filing reply to NM on 24.01.2020
Next Purpose: REPLY
Next Hearing Date: 24-01-2020

Date: 24-01-2020
Business: Court is busy in dictating Order on Execution Application No.133/2019 and Review Petition No.277/19 in Stamp No.1434/18. Hence Court is discharged.
Matter stands Adj for reply to 19.03.2020.
Next Purpose: REPLY
Next Hearing Date: 19-03-2020

Date: 19-03-2020
Business: None present for plaintiff and defendant.
As per directions of office order  no. 66 of 2020 r/w notification dated 14.03.2020, board is discharged.
Matter stands Adj for Reply to 17.06.2020
Next Purpose: REPLY
Next Hearing Date: 17-06-2020

Date: 17-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 30-09-2020

Date: 30-09-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 22-10-2020

Date: 22-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 14-12-2020

Date: 14-12-2020
Business: None present for plaintiff and defendant.
Matter stands Adj for Reply to 06.02.2021
Next Purpose: REPLY
Next Hearing Date: 06-02-2021

Date: 06-02-2021
Business: None present.
The case is adjourned to 08.03.2021 for reply.
Next Purpose: REPLY
Next Hearing Date: 08-03-2021

Date: 08-03-2021
Business: None present.
The case is adjourned to 20.04.2021 for reply.
Next Purpose: REPLY
Next Hearing Date: 20-04-2021

Date: 20-04-2021
Business: Adjourned due to COVID-19.
Next Purpose: REPLY
Next Hearing Date: 12-07-2021

Date: 12-07-2021
Business: Court is vacant
Next Purpose: REPLY
Next Hearing Date: 17-09-2021

Date: 17-09-2021
Business: Matter called out at 5.14 pm
none present.
Matter stands adjourned to 26-10-2021.
L.O.a t 5.18 pm
plaintiff in person present.
Matter stands adjourned to 26-10-2021.
Next Purpose: REPLY
Next Hearing Date: 26-10-2021

Date: 26-10-2021
Business: Adv. Mohnish Malpani h/f Adv. Harshada Waware for plaintiff present.
None for defendant.
Matter stands adjourned to 15.12.2021 for reply.
Next Purpose: REPLY
Next Hearing Date: 15-12-2021

Date: 15-12-2021
Business: Adv. Mohnish Malpani for plaintiff present.
Adv. Pranali Pate for Deft. No.2 present.
As court is busy in recording evidence in SU No.3271/13 and SU
No.380/13. Therefore, matter stands adjourned to 10.02.2022 for
reply.
Next Purpose: REPLY
Next Hearing Date: 10-02-2022

Date: 10-02-2022
Business: None for plaintiff.
Adv. Pranali Pate for defendant No. 2 present. She filed reply on Ch/s no. 346/2019, NM No. 1807/2018 & NM No. 1744/2016.
Matter stands adjourned to 21.03.2022 for reply.
Next Purpose: REPLY
Next Hearing Date: 21-03-2022

Date: 21-03-2022
Business: Matter called out at 3.42 p.m.
Adv. Mohnish Malpani for plaintiff. He is seeking time. Time granted.
Adv. Pranali Pate for Deft. no.2 present.
Matter stands adjourned to 22.04.2022 for reply.
Next Purpose: REPLY
Next Hearing Date: 22-04-2022

Date: 22-04-2022
Business: Court is on leave, Hence board is discharged. Matter adj. to next date.
Next Purpose: REPLY
Next Hearing Date: 27-06-2022

Date: 27-06-2022
Business: Court is on Leave.
Next Purpose: REPLY
Next Hearing Date: 29-08-2022

Date: 29-08-2022
Business: Adv. Monish Malpani for plaintiff present.  He is seeking time to argue on CS No.346/2019. Time granted.
He is directed to file reply on NM No.4038/2018 on or before next date with advance copy to Deft. no.2.
Adv. Kushal Mishra for Deft. no.2 present.
Deft. no.1 is absent since lockdown, hence, issue notice of appearance to the Deft. no.1 through bailiff/RPAD.
Matter stands adjourned to 10.10.2022 for appearance of Deft. no.1/
NM no.4038/2018 hearing/CS reply.
Later on at 4.07 p.m.
Adv. P. N. Kulkarni for Deft. no.1 present.
No need to issue notice to Deft. no.1.
Already adjourned to 10.10.2022.
Next Purpose: REPLY
Next Hearing Date: 10-10-2022

Date: 10-10-2022
Business: Adv. Mohnish Malpani for plaintiff present.
Deft. no.1 and 2 absent and failed to file reply on CS No.346/2019.
Heard advocate for plaintiff.
It is contended in CS No.346/2019 that the notice to Deft. no.3 was served, but Deft. no.3 never appeared. Plaintiff do not want to proceed the matter against Deft. no.3 contending that Deft. no.3 is not a necessary party. Considering the submission, Suit stands dismissed against Deft. no.3. Plaintiff is permitted to delete the name of Deft. no.3 from the array of cause title. Hence, CS No.346/2019 disposed of accordingly.
Matter stands adjourned to 12.12.2022 for compliance/NM hearing.
Later on mentioned at 3.25 p.m.
Adv. Dhiraj Zokande for Deft. no.2 present. He tendered WS. TOR.
Already adjourned to 12.12.2022.
Next Purpose: REPLY
Next Hearing Date: 12-12-2022

Date: 12-12-2022
Business: Adv. Mohnish Malpani for plaintiff present. He is seeking time. Time granted.
Adv. Kushal Mishra for Deft. no.2 present.
Plaintiff has no objection in allowing the NM No.4038/2018 for permitting the Deft. No.2 to file WS on record.
Considering the submissions, I proceed to pass the following order.
ORDER
1.    NM No.4038/2018 is hereby allowed.
2.    Delay stands condoned.
3.    WS already tendered be taken on record.
4.    NM disposed off accordingly.
WS of Deft. no.2 is marked as Exh.07.
Matter stands adjourned to 13.03.2023 for hearing on other motions.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-03-2023

Date: 13-03-2023
Business: Adv. Mohnish Malpani for plaintiff present. He is seeking time. Time granted.
Adv. P. N. Kulkarni for defendant No.1 present.
Adv. Priyanka Gonbare I/b Jay and Co. for defendant No.2 present.
Matter stands adjourned on 14.06.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-06-2023

Date: 14-06-2023
Business: Adv Shaikh for Plaintiff present.
Adv Kulkarni for defendant no. 1 present.
Adv Dhiraj for defendant no. 2 present.
Exh.9 - Application for adjournment filed by Plaintiff. TOR.
O -  Adjournment granted as last chance.
Matter stands adjourned on 23-08-2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-08-2023

Date: 23-08-2023
Business: As Court is on leave, matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-10-2023

Date: 18-10-2023
Business: Adv Mohnish Malpani h/f Adv Harshda Wavare present for Plaintiff.
Adv Zokande present for Defendant no. 2.
Plaintiff seeks time to argue on NM. O- Time granted.
Matter stands adjourned on 12-01-2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-01-2024

Date: 12-01-2024
Business: Advocate  Mohnish Malpani for Plaintiff present.
Advocate Dheeraj Zokande for defendant no.2 present.
The Notice of Motion 1744/2016 is not pressed by plaintiff. As the Notice of Motion 1744/2016 is disposed of as not pressed.
The Learned Advocate for the plaintiff has submits that the defendant no. 2 has taken objection under Order 7 Rule 11 below CPC for joining the society as a defendant no. 3 in this suit. He further submits that the name of the defendant no. 3 was deleted with the permission of this Court by the plaintiff vide Ch/s No. 346/2019. Therefore the Notice of Motion No. 1807/2018 become infructuous. Considering the submission made before me and roznama dtd.10-10-2022, Notice of Motion No. 1807/2018 stands disposed off.
Matter stands adjourned on 26-02-2024 for framing issues.
Nature Of Disposal: OTHER
Disposal Date: 12-01-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 106428/2018
Filing Date: 02-05-2018
First Hearing Date: 16th August 2018
Decision Date: 12th January 2024
Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1
    12 Jan 2024
    Order Details: Other
Pdf Text: C.R. No.03
Daily Status
IN THE COURT OF :COURT 03 ADDL SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0101744/2016
Bhushan Shankar Nagare Vs Amol Shankar Nagare And Ors
Date : 12-01-2024
Business : Advocate Mohnish Malpani for Plaintiff present. Advocate
Dheeraj Zokande for defendant no.2 present. The Notice of
Motion 1744/2016 is not pressed by plaintiff. As the Notice
of Motion 1744/2016 is disposed of as not pressed. The
Learned Advocate for the plaintiff has submits that the
defendant no. 2 has taken objection under Order 7 Rule 11
below CPC for joining the society as a defendant no. 3 in
this suit. He further submits that the name of the defendant
no. 3 was deleted with the permission of this Court by the
plaintiff vide Ch/s No. 346/2019. Therefore the Notice of
Motion No. 1807/2018 become infructuous. Considering the
submission made before me and roznama dtd.10-10-2022,
Notice of Motion No. 1807/2018 stands disposed off.
Matter stands adjourned on 26-02-2024 for framing issues.
Nature of Disposal : OTHER
Disposal Date : 12-01-2024
COURT 03 ADDL SESSIONS JUDGE
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    Order 1
    12 Jan 2024
    Order Details: Other
Pdf Text: C.R. No.03
Daily Status
IN THE COURT OF :COURT 03 ADDL SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0101744/2016
Bhushan Shankar Nagare Vs Amol Shankar Nagare And Ors
Date : 12-01-2024
Business : Advocate Mohnish Malpani for Plaintiff present. Advocate
Dheeraj Zokande for defendant no.2 present. The Notice of
Motion 1744/2016 is not pressed by plaintiff. As the Notice
of Motion 1744/2016 is disposed of as not pressed. The
Learned Advocate for the plaintiff has submits that the
defendant no. 2 has taken objection under Order 7 Rule 11
below CPC for joining the society as a defendant no. 3 in
this suit. He further submits that the name of the defendant
no. 3 was deleted with the permission of this Court by the
plaintiff vide Ch/s No. 346/2019. Therefore the Notice of
Motion No. 1807/2018 become infructuous. Considering the
submission made before me and roznama dtd.10-10-2022,
Notice of Motion No. 1807/2018 stands disposed off.
Matter stands adjourned on 26-02-2024 for framing issues.
Nature of Disposal : OTHER
Disposal Date : 12-01-2024
COURT 03 ADDL SESSIONS JUDGE
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