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NOTICE OF MOTION

Chandu alias Chandru Pitamberdas ManikVsM/s. Jaydeep Constructions And Ors

CNR MHCC0100605420199-COURT 09 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 02nd November 2019

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
102186/2019
Registration Date
19 Jun 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Petitioner

    1. 1Chandu alias Chandru Pitamberdas Manik

    Respondent

    1. 1M/s. Jaydeep Constructions And Ors

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 19-06-2019
Business: Court is busy in dictating order and hearing in old matters hence Board is discharged and adjd.to 24.06.2019.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 24-06-2019

Date: 24-06-2019
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 03-07-2019

Date: 22-07-2019
Business: Court is busy in hearing Notice of Motion in suit no.2489/12, hence case is adjourned to 26/09/2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-09-2019

Date: 26-09-2019
Reason For Adjournment: court time is over
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-09-2019

Date: 27-09-2019
Business: Advocate Chandrakant Chavan for Plaintiff present
Advocate M/s. Preet Chavle h/f adv. P. D. Gandhi for Defendant present
K.B.
L.O.
Advocate Arvind Giriraj for Defendant present
Plaintiff\''s advocate Mr. Chandrakant Chavan referred page no.27 of the plaint, para no.20 of the Written Statement filed by Defendant and argued that in the notice sent to Plaintiff, Defendants have admitted Plaintiff\''s possession and therefore only Defendants have asked Plaintiff to vacate suit premises on the ground that it is in dilapidated condition.  It is further argued that in para no.20 of Written Statement Defendants have submitted that Plaintiff apprehension is misplaced and Defendant shall not dispossess Plaintiff without following due process of law. Plaintiffs advocate submitted that Notice of Motion is necessary to be made absolute.  Plffs advocate submitted that documents at page no.43,44,45,46,51,52,53,56, 58,59 are the document showing Plaintiff\''s possession over suit premises, hence according to Plaintiff\''s advocate Defendants can not dispossess Plaintiffs without following due process of law.
Advocate Mr. Arvind Giriraj argued that Plaintiff is licensee and he has not filed lease in question because said lease period is over.  According to Defendants advocate such a lessee can not filed suit against licensor in this court because only Small Causes Court has jurisdiction to that effect.  It is further argued that Defendant has stepped into the shews of licensor of Plaintiff ans Defendant as purchased suit property in the year 2007.  The lease in question has come to an end in the year 1973 and now Plaintiff can not claim any king of protection from the Court.  Para no.5,12 of Written Statement and argued that admission given in last sentence of para no.20 of Written Statement is not unequivocal admission therefore according to Defendant advocate Plaintiff is not entitled to reliefs claimed in Notice of Motion.
Case is adjourned to 05/10/2019 for Order on NM.
Next Purpose: NM  ORDERS
Next Hearing Date: 05-10-2019

Date: 05-10-2019
Business: P.O. is on leave
Next Purpose: NM  ORDERS
Next Hearing Date: 15-10-2019

Date: 15-10-2019
Reason For Adjournment: court time is over
Next Purpose: NM  ORDERS
Next Hearing Date: 02-11-2019

Date: 15-10-2019
Business: Advocate Chavan for Plaintiff present
Advocate Preet Chavla for Defendant present
Today the court is busy in dictating judgments of suit nos.3856/99 and 3857/99, hence case is adjourned to 02/11/2019 for NM order.
Next Purpose: NM  ORDERS
Next Hearing Date: 02-11-2019

Date: 02-11-2019
Business: Advocate Chandrakant Chauhan for Plaintiff present
Advocate Preet Chavla for Defendant present
Heard.
F.R.S.R. following order has passed-
                                     ORDER
Notice of Motion no.2186 of 2019 is made absolute in terms of prayer clause (a).
Suit to proceed for filing draft issues by parties.  Parties are directed to file draft issues on next date.   Advocate for Defendant no.1 is directed to inform the Court on next date that whether service of writ of summons is waived in respect of Defendant no.1.
Case is adjourned to 08/01/2020 for draft issues.
Nature Of Disposal: ALLOWED
Disposal Date: 02-11-2019

    Additional Case Details

    Additional Case Details
    Filing Number: 106572/2019
Filing Date: 19-06-2019
First Hearing Date: 19th June 2019
Decision Date: 02nd November 2019
Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    02 Nov 2019
    Order Details: Notice of Motion
Pdf Text: IN THE COURT OF :COURT 9 ADDL SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0102186/2019
Chandu alias Chandru Pitamberdas Manik Vs M/s. Jaydeep Constructions And Ors
Date : 02-11-2019
Business : Advocate Chandrakant Chauhan for Plaintiff present
Advocate Preet Chavla for Defendant present Heard.
F.R.S.R. following order has passed- ORDER Notice of
Motion no.2186 of 2019 is made absolute in terms of
prayer clause (a). Suit to proceed for filing draft issues by
parties. Parties are directed to file draft issues on next date.
Advocate for Defendant no.1 is directed to inform the Court
on next date that whether service of writ of summons is
waived in respect of Defendant no.1. Case is adjourned to
08/01/2020 for draft issues.
Nature of Disposal : ALLOWED
Disposal Date : 02-11-2019
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