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NOTICE OF MOTION

Arun Vasant Patil And OrsVsRamchandra Bhairo Mane And Ors

CNR MHCC0100594220183-COURT 03 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 23rd December 2024

TrustJury record updated 12 Sept 2026

Case Overview

Registration Number
101831/2018
Registration Date
03 May 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Bombay Tenancy and Agricultural Land (Vidarbha Region and Kutch Area) Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 09-08-2018
    Business: Matter adj. for Affidavit of  Service to 23.10.2018.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 23-10-2018
    
    Date: 23-10-2018
    Business: Matter adjn to 22.01.19 for NM reply
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 22-01-2019
    
    Date: 22-01-2019
    Business: Matter adj. for Affidavit of Service to 30.03.2019.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 30-03-2019
    
    Date: 30-03-2019
    Business: Matter adj. for Compliance to 21.06.2019.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 21-06-2019
    
    Date: 21-06-2019
    Business: Adv. Kamlesh Yadav for plaintiff present and filed original NM no. 1831/18 along with affidavit and  Two affidavit of  service of NM No. 1831/18. Copy served to other side.
    Adv. Bhalekar for Defendant no. 7 present.
    Heard both sides for some time. Ld. counsel for plaintiff submitted that as per affidavit of service filed on record D-1 to 6 were tried to be served with the NM no. 1831/18 on 16.02.19. The address of D-5 and 6 was not found. The D-3 was not available on the given address. The address of  D-1 and 2 also not tressable. Similarly, Copy of NM 1831/18 also tried to be served on defendants at the given address by RPAD. The enveloped were returned unserved with the remark address incomplete/not known.
    In view of the above Ld. counsel for plaintiff submitted that he has filed application for substituted service under order -V/R-5 of CPC. Allowed to served the defendants by publication of notice as prayed at the cost of the plaintiff.
    Ld. counsel for defendant no. 7 submitted that as per order passed by the Hon\''ble High Court suit no. 215 of 1997 was dismissed on 24.08.18 for want of prosecution. True copy of the order is filed on record.
    In view of the above, Matter stands adjd for compliance and further hearing on NM 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 09/10/2019 for NM Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-10-2019
    
    Date: 09-10-2019
    Business: Adv. Shukla for plaintiff present.
    Adv. Bhalerao for deft. No. 7 present and filed reply for NM No. 1831/18. Copy served to other side.
    Matter stands Adj for NM hearing to 20.11.19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-11-2019
    
    Date: 20-11-2019
    Business: Adv. Shukla h/f Adv. Kamlesh Yadav for plaintiff present.
    Adv. Palekar for defendant no. 7 present.
    Heard both sides.
    Ld. counsel for defendant no. 7 submitted that plaintiff has not taken steps for setting aside dismissal order dated 24.08.2018 passed by Hon\''ble High Court. Case is pending without any progress. Hence, directions may be given to the plaintiff.
    In view of the above, Ld. counsel for plaintiff is directed to take steps and do the needful.
    Matter stands Adj for compliance to 15.01.20.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 15-01-2020
    
    Date: 15-01-2020
    Business: Adv. Sakhare h/f Adv. Kamlesh Yadav for plaintiff present and submitted that he is instructed to seek an adjournment for making compliance.
    Adv. Bhalekar for defendant no. 7 present and opposed the request of Ld. counsel for plaintiff for adjournment on the ground that since June 2019 no steps have been taken inspite of the directions of this court and matter is being delayed without any progress.
    After hearing both the sides, plaintiff is granted last chance failing which appropriate orders will be passed.
    Matter stands Adj for compliance by plaintiff to 18.02.2020.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 18-02-2020
    
    Date: 18-02-2020
    Business: Mr. Vishal Salekar, POA of plaintiff present.
    Adv. Bhalekar for defendant no. 7 present.
    By consent, Matter stands Adj for Compliance to 06.03.2020.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 06-03-2020
    
    Date: 06-03-2020
    Business: Adv. Tejal Poyarekar h/f Adv. Kamlesh Yadav for plaintiff present and seeks time for making compliance on the ground that matter is being circulated before Hon\''ble High Court for setting aside dismissal order and copy is served on the other side.
    Adv. Bhalekar for defendant no. 7 present.
    Matter stands Adj for compliance to 22.04.2020.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 22-04-2020
    
    Date: 22-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: COMPLIANCE
    Next Hearing Date: 13-05-2020
    
    Date: 13-05-2020
    Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 77 of 2020 matter adjourned.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 02-06-2020
    
    Date: 02-06-2020
    Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 83 of 2020 matter adjourned.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 19-06-2020
    
    Date: 19-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: COMPLIANCE
    Next Hearing Date: 29-08-2020
    
    Date: 29-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: COMPLIANCE
    Next Hearing Date: 12-10-2020
    
    Date: 12-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: COMPLIANCE
    Next Hearing Date: 03-12-2020
    
    Date: 03-12-2020
    Business: None present for plaintiff and Defendant
    Matter stands Adj for Compliance to 20.01.2021
    Next Purpose: COMPLIANCE
    Next Hearing Date: 20-01-2021
    
    Date: 20-01-2021
    Business: None for Plaintiff.
    Advocate Ms. Vihita Bhalekar for defendant no.7 present.
    The case is adjourned to 26.02.2021  for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 26-02-2021
    
    Date: 26-02-2021
    Business: None present.
    The case is adjourned to 16.04.2021 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 16-04-2021
    
    Date: 16-04-2021
    Business: Declared holiday as per Office Order 81 of 2021
    Next Purpose: COMPLIANCE
    Next Hearing Date: 07-07-2021
    
    Date: 07-07-2021
    Business: Court is vacant
    Next Purpose: COMPLIANCE
    Next Hearing Date: 01-09-2021
    
    Date: 01-09-2021
    Business: Matter called out at 04.55 p.m.
    Adv. Shrishail Satahare h/f Kamlesh Yadav for plaintiff present.
    Adv. Ms. Bhalekar for Deft. No. 7 present.
    He informed that somebody expired in the family of Advocate Yadav.
    Plaintiff to take appropriate steps to serve the Deft. No. 5 and 6.
    Matter stands adjourned to 22.10.2021 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 22-10-2021
    
    Date: 22-10-2021
    Business: Matter called out at 4.30 p.m.
    Ajay Kamdar, Representative of plaintiff No.30 in person present.
    None present for defendant.
    Perused application Exh.4
    O-For the reasons stated, application allowed.
    Matter stands adjourned to 09.12.2021 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 09-12-2021
    
    Date: 09-12-2021
    Business: Matter mentioned at 2.48 p.m.
    Adv. Shrishail Satahare for plaintiff present.
    He is seeking extension of time to comply. Time granted.
    None present for defendant.
    Matter stands adjourned to 27.01.2022 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 27-01-2022
    
    Date: 27-01-2022
    Business: Court is on Leave, Hence Board is discharged to next date.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 01-03-2022
    
    Date: 01-03-2022
    Business: Matter called out at 4.09 p.m.
    Adv. Nikhil Singh h/f Kamlesh Yadav for plaintiff present. He tendered application seeking extension of time for paper publication. Exh.5.
    O-Granted.
    None present for defendant.
    Matter stands adjourned to 15.06.2022 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 15-06-2022
    
    Date: 15-06-2022
    Business: Adv. Shrishail Sakhare for plaintiff present. He tendered affidavit of service in NM No.1831/18. TOR.
    None present for defendant.
    Matter stands adjourned to 11.08.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-08-2022
    
    Date: 11-08-2022
    Business: None present.
    Matter stands adjourned to 10.10.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-10-2022
    
    Date: 10-10-2022
    Business: None present.
    Matter stands adjourned to 19.12.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-12-2022
    
    Date: 19-12-2022
    Business: Court is on Leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-03-2023
    
    Date: 03-03-2023
    Business: None present.
    Matter stands adjourned on 28.04.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-04-2023
    
    Date: 28-04-2023
    Business: None present.
    Matter stands adjourned on 02.08.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-08-2023
    
    Date: 02-08-2023
    Business: None for Plaintiff
    None for defendant
    Plaintiff failed to argue the NM which is pending for hearing since 11.08.2022. Hence, put up for dismissal of NM.
    Matter stands adjourned on 07-10-2023 for NM dismissal.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 07-10-2023
    
    Date: 07-10-2023
    Business: Plaintiff in person present.
    None for defendant present.
    K.B. Later on at 3.48 pm.
    Adv Kamlesh Yadav a/w Plaintiff present.
    Heard arguments of Plaintiff.
    Matter stands adjourned on 29-11-2023 for arguments of deft no. 7 on NM.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 29-11-2023
    
    Date: 29-11-2023
    Business: Advocate Kamlesh Yadav present for Plaintiff.
    Advocate Sameer Bhalekar present for Defendant no.7.
    Heard advocate for defendant no.7.
    Matter stands adjourned on 19-12-2023 for NM order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 19-12-2023
    
    Date: 19-12-2023
    Business: Advocate Vishnu Pandit present for Plaintiff.
    Advocate Bhalekar present for Defendant no. 7
    Court is busy in dictating judgment in POCSO CASE No. 452/2017 and framing issues in Suit No. 7369/2003. Hence due to paucity of time matter is adjourned.
    Matter stands adjourned on 23-01-2024 for NM order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 23-01-2024
    
    Date: 23-01-2024
    Business: Advocate Sakhre for Plaintiff present.
    None for defendant present.
    The affidavit of service filed on record on 15.06.2022. It appears that the public notice was issued against defendant nos. 1 to 6 in the Daily News paper. They did not turn up hence, matter be kept for no reply order.
    Matter stands adjourned on 15-02-2024 for no reply order against
    defendant nos. 1 to 6.
    Next Purpose: ORDER
    Next Hearing Date: 15-02-2024
    
    Date: 15-02-2024
    Business: None present.
    Matter stands adjourned on 16-03-2024 for order.
    Next Purpose: ORDER
    Next Hearing Date: 16-03-2024
    
    Date: 16-03-2024
    Business: None present.
    Matter stands adjourned on 10-06-2024 for order.
    Next Purpose: ORDER
    Next Hearing Date: 10-06-2024
    
    Date: 10-06-2024
    Business: Adv. Madane h/f. Kamlesh Yadav for Plaintiff present.
    None for defendant present.
    Matter stands adjourned on 09.08.2024 for No Cross Order.
    Next Purpose: ORDER
    Next Hearing Date: 09-08-2024
    
    Date: 09-08-2024
    Business: Adv. Sakhre for Plaintiff present.
    None for defendant present.
    The defendant failed to file the reply, hence NM be proceeded without his reply.
    Matter stands adjourned on 17-10-2024 for no reply order.
    Next Purpose: ORDER
    Next Hearing Date: 17-10-2024
    
    Date: 17-10-2024
    Business: None for Plaintiff present.
    None for defendant present.
    The NM is pending since year 2018 the defendant failed to file reply hence, NM be proceeded further without their reply.
    The plaintiff is directed to argue on NM on next date without fail otherwise NM will be dismissed.
    Matter stands adjourned on 22-11-2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-11-2024
    
    Date: 22-11-2024
    Business: Adv. Shrishail Sakhare for Plaintiff present.
    None for defendant present.
    Heard arguments.
    Matter stands adjourned on 07-12-2024 for NM order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 07-12-2024
    
    Date: 07-12-2024
    Business: Advocate Shrishail Sakhare for applicant/Plaintiff present.
    None for defendant present.
    Due to paucity of time, matter stands adjourned.
    Matter stands adjourned on 23.12.2024 for Notice of Motion order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 23-12-2024
    
    Date: 23-12-2024
    Business: None for plaintiff present.
    None for defendant present.
    F.R.S.R following order is passed on Notice of Motion No. 1831 of 2018.
    Order
    1. The Notice of Motion No. 1831 of 2018 stands dismissed.
    2. No order as to Costs.
    3. The Notice of Motion No. 1831 of 2018 is disposed of accordingly.
    Nature Of Disposal: DISMISSED
    Disposal Date: 23-12-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 106440/2018
    Filing Date: 03-05-2018
    First Hearing Date: 09th August 2018
    Decision Date: 23rd December 2024
    Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    23 Dec 2024

    Order Details: Notice of Motion Pdf Text: 1 N/M No.1831-2018 in Suit No.6816-1997 MHCC010059422018 IN THE BOMBAY CITY CIVIL COURT FOR GREATER BOMBAY NOTICE OF MOTION NO.1831 OF 2018 IN SHORT CAUSE SUIT NO.6816 OF 1997 1. Arun Vasant Patil ] 2. Vasanti Vasant Patil ] Both residing at Shanti Sadan, ] Mukund Patil Road, Andheri(West) ] Bombay-400 058. ] 3. Sudha K. Raote ] Residing at Raote Building, ] Banam Lane, Girgaon, ] Bombay- 400 004. ] 4. Satish…

    Read Full Order
    Order 1Full order available
    23 Dec 2024

    Order Details: Notice of Motion Pdf Text: 1 N/M No.1831-2018 in Suit No.6816-1997 MHCC010059422018 IN THE BOMBAY CITY CIVIL COURT FOR GREATER BOMBAY NOTICE OF MOTION NO.1831 OF 2018 IN SHORT CAUSE SUIT NO.6816 OF 1997 1. Arun Vasant Patil ] 2. Vasanti Vasant Patil ] Both residing at Shanti Sadan, ] Mukund Patil Road, Andheri(West) ] Bombay-400 058. ] 3. Sudha K. Raote ] Residing at Raote Building, ] Banam Lane, Girgaon, ] Bombay- 400 004. ] 4. Satish…

    Read Full Order

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